Prosecution Insights
Last updated: April 19, 2026
Application No. 18/420,260

BASE STATION AND WIRELESS COMMUNICATION METHOD

Non-Final OA §DP
Filed
Jan 23, 2024
Examiner
JAHANGIR, KABIR U
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Sun Patent Trust
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
394 granted / 450 resolved
+29.6% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
21 currently pending
Career history
471
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
46.8%
+6.8% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 450 resolved cases

Office Action

§DP
DETAILED ACTION Claims 1-11 are pending. Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/23/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 11917439. Although the claims at issue are not identical, they are not patentably distinct from each other because followings: Pending Application US Patent No. 11917439 Claim 1. A base station, comprising: a receiver, which, in operation, receives CSI (Channel State Information) from a wireless communication terminal, and circuitry, which is coupled to the receiver and which, in operation, performs communication based on the received CSI, wherein at least one measurement resource, among at least two measurement resources configured by the base station per subframe, is unreported when a number of the measurement resources configured by the base station in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe, CSI for the at least one measurement resource is not updated, and the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 1. An integrated circuit for controlling a wireless communication terminal, the integrated circuit comprising: transmission circuitry, which, in operation, transmits CSI (Channel State Information) to a base station, and control circuitry, which is coupled to the transmission circuitry and which, in operation, determines at least one measurement resource, among at least two measurement resources configured per subframe, to be unreported when a number of the measurement resources configured in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe, and determines not to update the CSI for the determined measurement resource per subframe, wherein the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 2. The base station according to claim 1, wherein the circuitry, in operation, configures a signal measurement resource to have higher priority than an interference measurement resource. Claim 2. The integrated circuit according to claim 1, wherein a signal measurement resource is configured to have higher priority than an interference measurement resource. Claim 3. The base station according to claim 1, wherein the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, is higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 3. The integrated circuit according to claim 1, wherein the control circuitry, in operation, increases the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 4. The base station according to claim 1, wherein the priority of the measurement resource is increased according to previous unreporting(s) of the measurement resource. Claim 4. The integrated circuit according to claim 1, wherein the priority of the measurement resource is increased according to previous unreporting(s) of the measurement resource. Claim 5. The base station according to claim 4, wherein only previous unreporting(s) of the measurement resource within an effective window is considered to increase the priority of the measurement resource. Claim 5. The integrated circuit according to claim 4, wherein only previous unreporting(s) of the measurement resource within an effective window is considered to increase the priority of the measurement resource. Claim 6. The base station according to claim 4, wherein the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, is increased to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 6. The integrated circuit according to claim 4, wherein the control circuitry, in operation, increases the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 7. The base station according to claim 1, wherein each configured measurement resource is unreported one or more times in a round robin manner, and the measurement resource with lower priority is unreported no less than the one with higher priority. Claim 7. The integrated circuit according to claim 1, wherein each configured measurement resource is unreported one or more times in a round robin manner, and the measurement resource with lower priority is unreported no less than the one with higher priority. Claim 8. The base station according to claim 1, wherein the measurement resource is not unreported A times within the duration of N subframes, where A is an integer larger than 1, N corresponds to one plus B*periodicity of the measurement resource, and B is an integer equal to or larger than 1. Claim 8. The integrated circuit according to claim 1, wherein the measurement resource is not unreported A times within the duration of N subframes, where A is an integer larger than 1, N corresponds to one plus B*periodicity of the measurement resource, and B is an integer equal to or larger than 1. Claim 9. The base station according to claim 8, wherein A is equal to 2, and B is equal to 1. Claim 9. The integrated circuit according to claim 8, wherein A is equal to 2, and B is equal to 1. Claim 10. The base station according to claim 8, wherein for the measurement resource with the lowest priority, A is equal to 3, and B is equal to 2, and for other measurement resource(s), A is equal to 2, and B is equal to 1. Claim 10. The integrated circuit according to claim 8, wherein for the measurement resource with the lowest priority, A is equal to 3, and B is equal to 2, and for other measurement resource(s), A is equal to 2, and B is equal to 1. Claim 11. A wireless communication method executed by a base station, comprising: receiving CSI (Channel State Information) from a wireless communication terminal; and performing communication based on the received CSI, wherein at least one measurement resource, among at least two measurement resources configured by the base station per subframe, is unreported when a number of the measurement resources configured by the base station in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe; CSI for the at least one measurement resource is not updated; and the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 11. An integrated circuit comprising circuitry configured to cause a wireless communication terminal to perform a process, wherein the process includes: transmitting CSI (Channel State Information) to a base station; determining at least one measurement resource, among at least two measurement resources configured per subframe, to be unreported when a number of the measurement resources configured in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe; and determining not to update CSI for the determined measurement resource per subframe; wherein the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Rationales: The subject matter claimed in the pending application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter. There are differences between the claims depicted in the bolded words and the underlined words. Pertaining the difference depicted in the bolded words, it appears to be using different wording but meaning is the same. It is therefore deemed obvious to those skilled in the art of claim drafting to draft claim in a later-filed patent application using different wording but same meaning from reading claims in an early-filed patent application issued into a patent. A reason for doing so is to seek a well-rounded protection for a disclose invention. Moreover and pertaining the difference depicted in the underlined words, it appears to be broadening claim by omitting limitations. Nevertheless, it has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 186 USPQ 184(CCPA). Also note Ex Parte Rainu, 168 USPQ 375 (Bd. App. 1969); omission of a reference whose function is not needed would be an obvious variation. Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 11051196. Although the claims at issue are not identical, they are not patentably distinct from each other because followings: Pending Application US Patent No. 11051196 Claim 1. A base station, comprising: a receiver, which, in operation, receives CSI (Channel State Information) from a wireless communication terminal, and circuitry, which is coupled to the receiver and which, in operation, performs communication based on the received CSI, wherein at least one measurement resource, among at least two measurement resources configured by the base station per subframe, is unreported when a number of the measurement resources configured by the base station in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe, CSI for the at least one measurement resource is not updated, and the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 1. A wireless communication terminal, comprising: a transmitter, which, in operation, transmits CSI (Channel State Information) to a base station, and circuitry, which is coupled to the transmitter and which, in operation, determines at least one measurement resource, among at least two measurement resources configured per subframe, to be unreported when a number of the measurement resources configured in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe, determines not to update CSI for the determined measurement resource per subframe, wherein the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 2. The base station according to claim 1, wherein the circuitry, in operation, configures a signal measurement resource to have higher priority than an interference measurement resource. Claim 2. The wireless communication terminal according to claim 1, wherein a signal measurement resource is configured to have higher priority than an interference measurement resource. Claim 3. The base station according to claim 1, wherein the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, is higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 3. The wireless communication terminal according to claim 1, wherein the circuitry, in operation, increases the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 4. The base station according to claim 1, wherein the priority of the measurement resource is increased according to previous unreporting(s) of the measurement resource. Claim 4. The wireless communication terminal according to claim 1, wherein the priority of the measurement resource is increased according to previous unreporting(s) of the measurement resource. Claim 5. The base station according to claim 4, wherein only previous unreporting(s) of the measurement resource within an effective window is considered to increase the priority of the measurement resource. Claim 5. The wireless communication terminal according to claim 4, wherein only previous unreporting(s) of the measurement resource within an effective window is considered to increase the priority of the measurement resource. Claim 6. The base station according to claim 4, wherein the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, is increased to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 6. The wireless communication terminal according to claim 4, wherein the circuitry, in operation, increases the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 7. The base station according to claim 1, wherein each configured measurement resource is unreported one or more times in a round robin manner, and the measurement resource with lower priority is unreported no less than the one with higher priority. Claim 7. The wireless communication terminal according to claim 1, wherein each configured measurement resource is unreported one or more times in a round robin manner, and the measurement resource with lower priority is unreported no less than the one with higher priority. Claim 8. The base station according to claim 1, wherein the measurement resource is not unreported A times within the duration of N subframes, where A is an integer larger than 1, N corresponds to one plus B*periodicity of the measurement resource, and B is an integer equal to or larger than 1. Claim 8. The wireless communication terminal according to claim 1, wherein the measurement resource is not unreported A times within the duration of N subframes, where A is an integer larger than 1, N corresponds to one plus B*periodicity of the measurement resource, and B is an integer equal to or larger than 1. Claim 9. The base station according to claim 8, wherein A is equal to 2, and B is equal to 1. Claim 9. The wireless communication terminal according to claim 8, wherein A is equal to 2, and B is equal to 1. Claim 10. The base station according to claim 8, wherein for the measurement resource with the lowest priority, A is equal to 3, and B is equal to 2, and for other measurement resource(s), A is equal to 2, and B is equal to 1. Claim 10. The wireless communication terminal according to claim 8, wherein for the measurement resource with the lowest priority, A is equal to 3, and B is equal to 2, and for other measurement resource(s), A is equal to 2, and B is equal to 1. Claim 11. A wireless communication method executed by a base station, comprising: receiving CSI (Channel State Information) from a wireless communication terminal; and performing communication based on the received CSI, wherein at least one measurement resource, among at least two measurement resources configured by the base station per subframe, is unreported when a number of the measurement resources configured by the base station in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe; CSI for the at least one measurement resource is not updated; and the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 11. A wireless communication method, comprising: transmitting CSI (Channel State Information) to a base station; determining at least one measurement resource, among at least two measurement resources configured per subframe, to be unreported when a number of the measurement resources configured in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe; and determining not to update the CSI for the determined measurement resource per subframe; wherein the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Rationales: The subject matter claimed in the pending application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter. There are differences between the claims depicted in the bolded words and the underlined words. Pertaining the difference depicted in the bolded words, it appears to be using different wording but meaning is the same. It is therefore deemed obvious to those skilled in the art of claim drafting to draft claim in a later-filed patent application using different wording but same meaning from reading claims in an early-filed patent application issued into a patent. A reason for doing so is to seek a well-rounded protection for a disclose invention. Moreover and pertaining the difference depicted in the underlined words, it appears to be broadening claim by omitting limitations. Nevertheless, it has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 186 USPQ 184(CCPA). Also note Ex Parte Rainu, 168 USPQ 375 (Bd. App. 1969); omission of a reference whose function is not needed would be an obvious variation. Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 10433202. Although the claims at issue are not identical, they are not patentably distinct from each other because followings: Pending Application US Patent No. 10433202 Claim 1. A base station, comprising: a receiver, which, in operation, receives CSI (Channel State Information) from a wireless communication terminal, and circuitry, which is coupled to the receiver and which, in operation, performs communication based on the received CSI, wherein at least one measurement resource, among at least two measurement resources configured by the base station per subframe, is unreported when a number of the measurement resources configured by the base station in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe, CSI for the at least one measurement resource is not updated, and the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 1. A wireless communication terminal, comprising: a transmitter, which, in operation, transmits a CSI (Channel State Information) to a base station, and circuitry, which is coupled to the transmitter and which, in operation, determines at least one measurement resource, among at least two measurement resources configured per subframe, to be unreported when a number of the measurement resources configured in one subframe exceeds a maximum number of measurement resources that can be measured by the wireless communication terminal in one subframe, determines not to update the CSI for the unreported measurement resource per subframe, wherein the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of unreported measurement resources within N subframes before a subframe in which the at least one measurement resource corresponding to the unreported measurement resources is configured to be reported, wherein N is an integer equal to or greater than 1. Claim 2. The base station according to claim 1, wherein the circuitry, in operation, configures a signal measurement resource to have higher priority than an interference measurement resource. Claim 2. The wireless communication terminal according to claim 1, wherein a signal measurement resource is configured to have higher priority than an interference measurement resource. Claim 3. The base station according to claim 1, wherein the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, is higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 3. The wireless communication terminal according to claim 1, wherein the circuitry, in operation, increases the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 4. The base station according to claim 1, wherein the priority of the measurement resource is increased according to previous unreporting(s) of the measurement resource. Claim 4. The wireless communication terminal according to claim 1, wherein the priority of the measurement resource is increased according to previous unreporting(s) of the measurement resource. Claim 5. The base station according to claim 4, wherein only previous unreporting(s) of the measurement resource within an effective window is considered to increase the priority of the measurement resource. Claim 5. The wireless communication terminal according to claim 4, wherein only previous unreporting(s) of the measurement resource within an effective window is considered to increase the priority of the measurement resource. Claim 6. The base station according to claim 4, wherein the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, is increased to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 6. The wireless communication terminal according to claim 4, wherein the circuitry, in operation, increases the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 7. The base station according to claim 1, wherein each configured measurement resource is unreported one or more times in a round robin manner, and the measurement resource with lower priority is unreported no less than the one with higher priority. Claim 7. The wireless communication terminal according to claim 1, wherein each configured measurement resource is unreported one or more times in a round robin manner, and the measurement resource with lower priority is unreported no less than the one with higher priority. Claim 8. The base station according to claim 1, wherein the measurement resource is not unreported A times within the duration of N subframes, where A is an integer larger than 1, N corresponds to one plus B*periodicity of the measurement resource, and B is an integer equal to or larger than 1. Claim 8. The wireless communication terminal according to claim 1, wherein the measurement resource is not unreported A times within the duration of N subframes, where A is an integer larger than 1, N corresponds to one plus B*periodicity of the measurement resource, and B is an integer equal to or larger than 1. Claim 9. The base station according to claim 8, wherein A is equal to 2, and B is equal to 1. Claim 9. The wireless communication terminal according to claim 8, wherein A is equal to 2, and B is equal to 1. Claim 10. The base station according to claim 8, wherein for the measurement resource with the lowest priority, A is equal to 3, and B is equal to 2, and for other measurement resource(s), A is equal to 2, and B is equal to 1. Claim 10. The wireless communication terminal according to claim 8, wherein for the measurement resource with the lowest priority, A is equal to 3, and B is equal to 2, and for other measurement resource(s), A is equal to 2, and B is equal to 1. Claim 11. A wireless communication method executed by a base station, comprising: receiving CSI (Channel State Information) from a wireless communication terminal; and performing communication based on the received CSI, wherein at least one measurement resource, among at least two measurement resources configured by the base station per subframe, is unreported when a number of the measurement resources configured by the base station in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe; CSI for the at least one measurement resource is not updated; and the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 11. A wireless communication method, comprising: transmitting a CSI (Channel State Information) to a base station; determining at least one measurement resource, among at least two measurement resources configured per subframe, to be unreported when a number of the measurement resources configured in one subframe exceeds a maximum number of measurement resources that can be measured by the wireless communication terminal in one subframe; and determining not to update the CSI for the unreported measurement resource per subframe; wherein the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of unreported measurement resources within N subframes before a subframe in which the at least one measurement resource corresponding to the unreported measurement resources is configured to be reported, wherein N is an integer equal to or greater than 1. Rationales: The subject matter claimed in the pending application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter. There are differences between the claims depicted in the bolded words and the underlined words. Pertaining the difference depicted in the bolded words, it appears to be using different wording but meaning is the same. It is therefore deemed obvious to those skilled in the art of claim drafting to draft claim in a later-filed patent application using different wording but same meaning from reading claims in an early-filed patent application issued into a patent. A reason for doing so is to seek a well-rounded protection for a disclose invention. Moreover and pertaining the difference depicted in the underlined words, it appears to be broadening claim by omitting limitations. Nevertheless, it has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 186 USPQ 184(CCPA). Also note Ex Parte Rainu, 168 USPQ 375 (Bd. App. 1969); omission of a reference whose function is not needed would be an obvious variation. Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 10182366. Although the claims at issue are not identical, they are not patentably distinct from each other because followings: Pending Application US Patent No. 10182366 Claim 1. A base station, comprising: a receiver, which, in operation, receives CSI (Channel State Information) from a wireless communication terminal, and circuitry, which is coupled to the receiver and which, in operation, performs communication based on the received CSI, wherein at least one measurement resource, among at least two measurement resources configured by the base station per subframe, is unreported when a number of the measurement resources configured by the base station in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe, CSI for the at least one measurement resource is not updated, and the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 1. An integrated circuit comprising: at least one output node coupled to the circuitry which, in operation, outputs a CSI for a measurement resource to be reported. circuitry, which, in operation, determines at least one measurement resource, among at least two measurement resources configured per subframe, to be unreported when a number of the measurement resources configured in one subframe exceeds a maximum number of measurement resources that can be measured by a user equipment in one subframe, determines not to update a CSI (Channel State Information) for the unreported measurement resource per subframe, wherein the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of unreported measurement resources within N subframes before a subframe in which the at least one measurement resource corresponding to the unreported measurement resources is configured, wherein N is an integer equal to or greater than 1. Claim 2. The base station according to claim 1, wherein the circuitry, in operation, configures a signal measurement resource to have higher priority than an interference measurement resource. Claim 2. The integrated circuit according to claim 1, wherein a signal measurement resource is configured to have higher priority than an interference measurement resource. Claim 3. The base station according to claim 1, wherein the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, is higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 3. The integrated circuit according to claim 1, wherein the circuitry, in operation, increases the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 4. The base station according to claim 1, wherein the priority of the measurement resource is increased according to previous unreporting(s) of the measurement resource. Claim 4. The integrated circuit according to claim 1, wherein the priority of the measurement resource is increased according to previous unreporting(s) of the measurement resource. Claim 5. The base station according to claim 4, wherein only previous unreporting(s) of the measurement resource within an effective window is considered to increase the priority of the measurement resource. Claim 5. The integrated circuit according to claim 4, wherein only previous unreporting(s) of the measurement resource within an effective window is considered to increase the priority of the measurement resource. Claim 6. The base station according to claim 4, wherein the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, is increased to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 6. The integrated circuit according to claim 4, wherein the circuitry, in operation, increases the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 7. The base station according to claim 1, wherein each configured measurement resource is unreported one or more times in a round robin manner, and the measurement resource with lower priority is unreported no less than the one with higher priority. Claim 7. The integrated circuit according to claim 1, wherein each configured measurement resource is unreported one or more times in a round robin manner, and the measurement resource with lower priority is unreported no less than the one with higher priority. Claim 8. The base station according to claim 1, wherein the measurement resource is not unreported A times within the duration of N subframes, where A is an integer larger than 1, N corresponds to one plus B*periodicity of the measurement resource, and B is an integer equal to or larger than 1. Claim 8. The integrated circuit according to claim 1, wherein the measurement resource is not unreported A times within the duration of N subframes, where A is an integer larger than 1, N corresponds to one plus B*periodicity of the measurement resource, and B is an integer equal to or larger than 1. Claim 9. The base station according to claim 8, wherein A is equal to 2, and B is equal to 1. Claim 9. The integrated circuit according to claim 8, wherein A is equal to 2, and B is equal to 1. Claim 10. The base station according to claim 8, wherein for the measurement resource with the lowest priority, A is equal to 3, and B is equal to 2, and for other measurement resource(s), A is equal to 2, and B is equal to 1. Claim 10. The integrated circuit according to claim 8, wherein for the measurement resource with the lowest priority, A is equal to 3, and B is equal to 2, and for other measurement resource(s), A is equal to 2, and B is equal to 1. Claim 11. A wireless communication method executed by a base station, comprising: receiving CSI (Channel State Information) from a wireless communication terminal; and performing communication based on the received CSI, wherein at least one measurement resource, among at least two measurement resources configured by the base station per subframe, is unreported when a number of the measurement resources configured by the base station in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe; CSI for the at least one measurement resource is not updated; and the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 11. A wireless communication terminal, comprising: a transmitter, which, in operation, transmits a CSI (Channel State Information) to a base station, and circuitry, which is coupled to the transmitter and which, in operation, determines at least one measurement resource, among at least two measurement resources configured per subframe, to be unreported when a number of the measurement resources configured in one subframe exceeds a maximum number of measurement resources that can be measured by the wireless communication terminal in one subframe, determines not to update the CSI for the unreported measurement resource per subframe, wherein the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of unreported measurement resources within N subframes before a subframe in which the at least one measurement resource corresponding to the unreported measurement resources is configured, wherein N is an integer equal to or greater than 1. Rationales: The subject matter claimed in the pending application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter. There are differences between the claims depicted in the bolded words and the underlined words. Pertaining the difference depicted in the bolded words, it appears to be using different wording but meaning is the same. It is therefore deemed obvious to those skilled in the art of claim drafting to draft claim in a later-filed patent application using different wording but same meaning from reading claims in an early-filed patent application issued into a patent. A reason for doing so is to seek a well-rounded protection for a disclose invention. Moreover and pertaining the difference depicted in the underlined words, it appears to be broadening claim by omitting limitations. Nevertheless, it has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 186 USPQ 184(CCPA). Also note Ex Parte Rainu, 168 USPQ 375 (Bd. App. 1969); omission of a reference whose function is not needed would be an obvious variation. Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 9877217. Although the claims at issue are not identical, they are not patentably distinct from each other because followings: Pending Application US Patent No. 9877217 Claim 1. A base station, comprising: a receiver, which, in operation, receives CSI (Channel State Information) from a wireless communication terminal, and circuitry, which is coupled to the receiver and which, in operation, performs communication based on the received CSI, wherein at least one measurement resource, among at least two measurement resources configured by the base station per subframe, is unreported when a number of the measurement resources configured by the base station in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe, CSI for the at least one measurement resource is not updated, and the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 1. A wireless communication method of configuring measurement resources respectively associated with priorities, the method comprising: transmitting a CSI for a measurement resource to be reported; determining at least one measurement resource, among at least two measurement resources configured per subframe, to be unreported when a number of the measurement resources configured in one subframe exceeds a maximum number of measurement resources that can be measured by a user equipment in one subframe, determining not to update a CSI (Channel State Information) for the unreported measurement resource per subframe, and wherein the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of unreported measurement resources within N subframes before a subframe in which the at least one measurement resource corresponding to the unreported measurement resources is configured, wherein N is an integer greater than 1. Claim 2. The base station according to claim 1, wherein the circuitry, in operation, configures a signal measurement resource to have higher priority than an interference measurement resource. Claim 2. The wireless communication method according to claim 1, wherein a signal measurement resource is configured to have higher priority than an interference measurement resource. Claim 3. The base station according to claim 1, wherein the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, is higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 3. The wireless communication method according to claim 1, comprising increasing the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI are between the aperiodic trigger and relevant uplink CSI report. Claim 4. The base station according to claim 1, wherein the priority of the measurement resource is increased according to previous unreporting(s) of the measurement resource. Claim 4. The wireless communication method according to claim 1, wherein the priority of the measurement resource is increased according to previous unreporting(s) of the measurement resource. Claim 5. The base station according to claim 4, wherein only previous unreporting(s) of the measurement resource within an effective window is considered to increase the priority of the measurement resource. Claim 5. The wireless communication method according to claim 4, wherein only previous unreporting(s) of the measurement resource within an effective window is considered to increase the priority of the measurement resource. Claim 6. The base station according to claim 4, wherein the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, is increased to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI report are between an aperiodic trigger and a relevant uplink CSI report. Claim 6. The wireless communication method according to claim 4, comprising increasing the priority of measurement resource(s) related to a CSI report, which is aperiodically triggered, to be higher than other measurement resource(s) when the measurement resource(s) related to the CSI are between the aperiodic trigger and relevant uplink CSI report. Claim 7. The base station according to claim 1, wherein each configured measurement resource is unreported one or more times in a round robin manner, and the measurement resource with lower priority is unreported no less than the one with higher priority. Claim 7. The wireless communication method according to claim 1, wherein each configured measurement resource is unreported one or more times in a round robin manner, and the measurement resource with lower priority is unreported no less than the one with higher priority. Claim 8. The base station according to claim 1, wherein the measurement resource is not unreported A times within the duration of N subframes, where A is an integer larger than 1, N corresponds to one plus B*periodicity of the measurement resource, and B is an integer equal to or larger than 1. Claim 8. The wireless communication method according to claim 1, wherein the measurement resource is not unreported A times within the duration of N subframes, where A is an integer larger than 1, N corresponds to one plus B*periodicity of the measurement resource, and B is an integer equal to or larger than 1. Claim 9. The base station according to claim 8, wherein A is equal to 2, and B is equal to 1. Claim 9. The wireless communication method according to claim 8, wherein A is equal to 2, and B is equal to 1. Claim 10. The base station according to claim 8, wherein for the measurement resource with the lowest priority, A is equal to 3, and B is equal to 2, and for other measurement resource(s), A is equal to 2, and B is equal to 1. Claim 10. The wireless communication method according to claim 8, wherein for the measurement resource with the lowest priority, A is equal to 3, and B is equal to 2, and for other measurement resource(s), A is equal to 2, and B is equal to 1. Claim 11. A wireless communication method executed by a base station, comprising: receiving CSI (Channel State Information) from a wireless communication terminal; and performing communication based on the received CSI, wherein at least one measurement resource, among at least two measurement resources configured by the base station per subframe, is unreported when a number of the measurement resources configured by the base station in one subframe exceeds a maximum number of measurement resources supported by the wireless communication terminal in one subframe; CSI for the at least one measurement resource is not updated; and the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of measurement resources unreported within N subframes before a subframe in which the configured measurement resource corresponding to the unreported measurement resource is transmitted, wherein N is an integer equal to or greater than 1. Claim 11. A wireless communication device, comprising: a transmitter, which, in operation, transmits a CSI (Channel State Information) to a base station, and circuitry, which is coupled to the transmitter and which, in operation, determines at least one measurement resource, among at least two measurement resources configured per subframe, to be unreported when a number of the measurement resources configured in one subframe exceeds a maximum number of measurement resources that can be measured by the wireless communication device in one subframe, determines not to update the CSI for the unreported measurement resource per subframe, wherein the at least one measurement resource is determined based on a lowest priority assigned thereto and based on a number of unreported measurement resources within N subframes before a subframe in which the at least one measurement resource corresponding to the unreported measurement resources is configured, wherein N is an integer greater than 1. Rationales: The subject matter claimed in the pending application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter. There are differences between the claims depicted in the bolded words and the underlined words. Pertaining the difference depicted in the bolded words, it appears to be using different wording but meaning is the same. It is therefore deemed obvious to those skilled in the art of claim drafting to draft claim in a later-filed patent application using different wording but same meaning from reading claims in an early-filed patent application issued into a patent. A reason for doing so is to seek a well-rounded protection for a disclose invention. Moreover and pertaining the difference depicted in the underlined words, it appears to be broadening claim by omitting limitations. Nevertheless, it has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 186 USPQ 184(CCPA). Also note Ex Parte Rainu, 168 USPQ 375 (Bd. App. 1969); omission of a reference whose function is not needed would be an obvious variation. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US 20150063142) discloses Method And Apparatus For Reporting Channel State Information In Wireless Communication System. Guo et al. (US 20150098347) discloses Method For Instructing CSI Feedback Signaling Configuration And Base Station. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KABIR U JAHANGIR whose telephone number is (571)272-0796. The examiner can normally be reached Mon-Fri 10am to 6:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Ngo can be reached at (571)272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /K. J./ Examiner, Art Unit 2464 /RICKY Q NGO/Supervisory Patent Examiner, Art Unit 2464
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Prosecution Timeline

Jan 23, 2024
Application Filed
Jan 08, 2026
Non-Final Rejection — §DP (current)

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