Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The Office Action for CN Patent Application No. 201911086315.1 filed in the information disclosure statement filed 08/27/2024 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance since there is no English translation, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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Claims 21-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11973591. Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding claim 21, the Patent No. 11973591 teaches a processor configured to:
receive signaling including one or more higher layer indices for two or more control resources sets (CORESETs) (claim 1);
determine whether to operate in a single DCI or multi DCI mode (claim 1), wherein:
if different higher layer indices of the one or more higher layer indices are configured for the two or more CORESETs, a multi-DCI mode is determined (claim 1); or
otherwise, a single-DCI mode is determined (claim 1); and
receive one or more DCIs according to the determined DCI mode (claim 1).
Regarding claim 22, the Patent No. 11973591 teaches the processor of claim 21, further configured to perform a second determination of a DCI mode at a later time, wherein the second determination does not result in a DCI mode switch (claim 2).
Regarding claim 23, the Patent No. 11973591 teaches the processor of claim 22, wherein the second determination is not based on whether different higher layer indices are configured for the two or more CORESETs (claim 3).
Regarding claim 24, the Patent No. 11973591 teaches the processor of claim 21, wherein a determination of whether a number of transmission configuration indicator (TCI) states is greater than 1 is performed periodically (claim 4).
Regarding claim 25, the Patent No. 11973591 teaches the processor of claim 21, wherein the single-DCI mode includes receiving DCI from a single base station that is applicable to at least one additional base station (claim 5).
Regarding claim 26, the Patent No. 11973591 teaches the processor of claim 21, wherein the determined DCI mode is a single-DCI mode, wherein the processor is further configured to determine a number of CORESETs to monitor in the single-DCI mode (claim 6).
Regarding claim 27, the Patent No. 11973591 teaches the processor of claim 26, wherein to determine the number of CORESETs includes receiving a media access control (MAC) control element (CE) (claim 7).
Regarding claim 28, the Patent No. 11973591 teaches a non-transitory computer readable medium (NTCRM), comprising:
program instructions, the program instructions configured to cause a processor to perform operations (claim 1) comprising:
receiving signaling including one or more higher layer indices for two or more control resources sets (CORESETs) (claim 1);
determining whether to operate in a single DCI or multi DCI mode (claim 1), wherein:
if different higher layer indices of the one or more higher layer indices are configured for the two or more CORESETs, a multi-DCI mode is determined (claim 1); or
otherwise, a single-DCI mode is determined (claim 1); and
receiving one or more DCIs according to the determined DCI mode (claim 1).
Regarding claim 29, the Patent No. 11973591 teaches the NTCRM of claim 28, the operations further comprising performing a second determination of a DCI mode at a later time, wherein the second determination does not result in a DCI mode switch (claim 2).
Regarding claim 30, the Patent No. 11973591 teaches the NTCRM of claim 29, wherein the second determination is not based on whether different higher layer indices are configured for the two or more CORESETs (claim 3).
Regarding claim 31, the Patent No. 11973591 teaches the NTCRM of claim 28, further comprising periodically performing determination of whether a number of transmission configuration indicator (TCI) states is greater than 1 (claim 4).
Regarding claim 32, the Patent No. 11973591 teaches the NTCRM of claim 28, wherein the single-DCI mode includes receiving DCI from a single base station that is applicable to at least one additional base station (claim 5).
Regarding claim 33, the Patent No. 11973591 teaches the NTCRM of claim 28, wherein the determined DCI mode is a single-DCI mode, wherein the operations further comprise determining a number of CORESETs to monitor in the single-DCI mode (claim 6).
Regarding claim 34, the Patent No. 11973591 teaches a processor configured to:
communicate with a cellular network according to a first downlink control information (DCI) mode (claim 1);
receive first DCI from the cellular network according to the first DCI mode (claim 1);
determine whether different higher layer indices are configured for two or more control resources sets (CORESETs) (claim 1);
select a second DCI mode (claim 1), wherein the first DCI mode is different than the second DCI mode, based on the determination (claim 1), wherein:
if different higher layer indices are configured for two or more CORESETs, a multi-DCI mode is selected as the second DCI mode (claim 1); or
otherwise, a single-DCI mode is selected as the second DCI mode (claim 1); and receive a DCI from the cellular network according to the second DCI mode (claim 1).
Regarding claim 35, the Patent No. 11973591 teaches the processor of claim 34, wherein the processor is further configured to perform a second selection of a DCI mode at a later time, wherein the second selection does not result in a DCI mode switch (claim 2).
Regarding claim 36, the Patent No. 11973591 teaches the processor of claim 35, wherein the second selection is not based on whether different higher layer indices are configured for two or more CORESETs (claim 3).
Regarding claim 37, the Patent No. 11973591 teaches the processor of claim 34, wherein a determination of whether a number of transmission configuration indicator (TCI) states is greater than 1 is performed periodically (claim 4).
Regarding claim 38, the Patent No. 11973591 teaches the processor of claim 34, wherein the single-DCI mode includes receiving DCI from a single base station that is applicable to at least one additional base station (claim 5).
Regarding claim 39, the Patent No. 11973591 teaches the processor of claim 34, wherein the second DCI mode is a single-DCI mode, wherein the processor is further configured to determine a number of CORESETs to monitor in the single-DCI mode (claim 6).
Regarding claim 40, the Patent No. 11973591 teaches the processor of claim 39, wherein to determine the number of CORESETs includes receiving a media access control (MAC) control element (CE) (claim 7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KIM et al. (US 20220338222) teaches whether the single-DCI based MTRP scheme or the multiple-DCI based MTRP scheme is applied may be indicated through separate signaling to the UE. For example, in the case that a plurality CRS patterns is indicated to the UE for MTRP operation for a single serving cell, PDSCH rate matching for CRS may be changed depending on whether the single-DCI based MTRP scheme or the multiple-DCI based MTRP scheme is applied (par. 238); the specific bit of the DMRS port indication field may be used as a usage for indicating single TRP transmission or dynamic point selection from multi-TRP (par. 288);
CHEN et al. (US 20220078772) teaches the same TCI indication field may support both the case that a single piece of DCI schedules data transmission of multiple TRPs (at which point the TCI indication field may indicate multiple TCI states) and the case that multiple pieces of DCI schedule data transmission from multiple TRPs (at which point the TCI indication field may only indicate one TCI state) (par. 109).
SUN et al. (US 20200045700) teaches the UE may configure the UE to operate in the TRP mode by causing the UE to switch between the single TRP mode and the multi-TRP mode (par. 131).
ZHOU et al. (US 20210112542) teaches wherein the request is to switch between a single downlink control information (DCI) based mTRP mode and a multi-DCI based mTRP mode (par. 109).
ZHOU et al. (US 20210105778 as supported by provisional app. 62910807 filed on 10/04/2019) teaches UE 120 may determine that UE 120 is operating in the single-DCI scenario based at least in part on whether a TCI codepoint maps to a plurality of TCI states (par. 76); UE 120 may determine whether UE 120 is operating in a multi-DCI scenario with a plurality of TRPs. For example, UE 120 may determine that a first higher layer TRP index is configured for a first CORESET and is different from a second higher layer TRP index configured for a second CORESET in a PDCCH configuration message (par. 76).
NOH et al. (US 11553557) teaches the BS may support joint transmission by using at least one of two methods that are 1) NC-JT via multiple PDCCHs (multi-DCI based multi-TRP operation, mDCI based mTRP) and 2) NC-JT via one PDCCH (single-DCI based multi-TRP operation, sDCI based mTRP). The UE reports, to the BS, UE capability about whether or not the UE supports the two methods, and in response to the UE capability report, the BS may configure, via RRC and MAC CE, the UE with information about which joint transmission or a combination thereof is to be used (col. 51 lines 25-36); in order for the BS to notify the UE of NC-JT via multiple PDCCHs (multi-DCI based multi-TRP operation, mDCI based mTRP), the BS may configure higher layer parameter per CORESET (CORESETPoolIndex) for separating CORESET to two or more groups (CORESET groups or CORESET pools), the CORESET being configured in one serving cell or a BWP (col. 51 lines 37-45). The claimed priority of foreign application KR10-2019-0083952 filed on 07/11/2019 by NOH et al. (US 11553557) does not provide the support for the description as indicated, therefore NOH et al. (US 11553557) with priority date 07/11/2019 does not qualified as the prior art.
R1-1910668 teaches We assume that if higher layer index is configured per CORESET. the downlink cell is identified for multi-DCI multi-TRP operation (page 2).
R1-1911126 teaches If higher layer index is configured per CORESET for the UE supporting multi-DCI based multi-TRP transmission, support the following principles for the maximum numbers of BD/CCE for multi-DCI based multi-TRP transmission (section 3.2).
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/THINH D TRAN/for /Thinh Tran/, Patent Examiner of Art Unit 2466 01/09/2026