DETAILED ACTION
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 information disclosure statements (IDS) submitted on 01/26/2024 has been considered by the Examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all
obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 7, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over (Samsung; "Discussion on numerology aspects of NR synchronization signal; 3GPP TSG RAN WG1 Meeting #86; R1-166795; Gothenburg, Sweden, 22nd – 26th August 2016", hereinafter Samsung), in view of Deenoo et al. (US 20190104551 A1), hereinafter, Deenoo.
Regarding claim 1, Samsung discloses a method of enabling synchronization in a wireless communication network, the method comprising:
a base station of the wireless communication network applying one subcarrier spacing from a set of multiple subcarrier spacings, which are supported for transmission of synchronization signals, ([Introduction] “The design of synchronization signals for NR needs to consider various aspects and some are listed below: […] Information to be transmitted on synchronization signal(s), Design of synchronization signal(s) considering the support of multiple numerologies […] the support of multiple numerologies will allow NR to support different subcarrier spacings that will allow NR to be deployed in carrier frequencies not accessible to LTE.” […] NR specification to allow flexible support of multiple numerologies. More specifically, the end goal is for NR to flexibly apply multiple subcarrier spacings (ex: 15 kHz scaled by an integer)]”);
wherein the applied subcarrier spacing is included in a subset of one or more subcarrier spacings, which depend on a set of frequency ranges in which the base station is configured to transmit, ([Introduction] “RAN1 assumes that multiple (but not necessarily all) OFDM numerologies (equivalent to “subcarrier spacings”) can apply to the same frequency range […] For a NR carrier (from network perspective) using multiple numerologies, at least the following is for further study […] Multiple frequency/time portions using different numerologies share a synchronization signal […] The synchronization signal refers to the signal itself and the time-frequency resource used to transmit the synchronization signal”); and based on a mapping of the one or more subcarrier spacings to the frequency ranges, the base station transmitting synchronization signals based on the applied subcarrier spacing of the subset, ([3.1 Alternative 1:] “‘default’ subcarrier spacing for (equivalent to “mapping”) a given carrier frequency range. In this case, the subcarrier spacing for synchronization signal(s) shall be pre-defined in NR specification”);
wherein the base station communicates information about subcarrier spacings used by neighboring base stations, ([Introduction] “as in LTE, synchronization signals could play a role in neighboring cell search operations where UEs would need to measure the quality of neighboring cells for mobility purposes. The design of synchronization signals for NR needs to consider various aspects and some are listed below:”).
However, Samsung does not disclose wherein for each of the transmitted synchronization signals a length of a cyclic prefix of modulation symbols is based on the utilized subcarrier spacing.
In the same field of endeavor, Deenoo discloses wherein for each of the transmitted synchronization signals a length of a cyclic prefix of modulation symbols is based on the utilized subcarrier spacing, ([0356] “UL resources used for access includes one or more of following aspects a transmission scheme: single-carrier or multi-carrier scheme or a specific multi-carrier scheme such as OFDM, SC-FDMA, FBMC, UFMC, zero tail or the like; a parameter associated with a transmission scheme: for example, numerology aspects such as subcarrier spacing, symbol duration, cyclic prefix duration/guard length/zero tail length, transmit power […] reference signal(s), synchronization signals”).
Therefore, it would have been obvious for one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([Introduction]), to incorporate the transmission scheme, such as cyclic prefix duration/guard length/zero tail length, disclosed by Deenoo. One of ordinary skill in the art would have been motivated to make this modification so as to minimize the interference in the UL transmission, Deenoo ([0356]).
Regarding claim 7, Samsung discloses a base station, comprising:
a radio interface (not shown but inherent in all network devices such as the “eNB” discussed (Samsung [Introduction, 7th paragraph]); configured to connect to one or more wireless communication devices in a wireless communication network; and
at least one processor (not shown but inherent in all network devices such as “eNB” discussed [Samsung Introduction, 7th paragraph]);
the at least one processor being configured to:
apply one subcarrier spacing from a set of multiple subcarrier spacings, which are supported for transmission of synchronization signals, ([Introduction] “The design of synchronization signals for NR needs to consider various aspects and some are listed below: […] Information to be transmitted on synchronization signal(s), Design of synchronization signal(s) considering the support of multiple numerologies […] the support of multiple numerologies will allow NR to support different subcarrier spacings that will allow NR to be deployed in carrier frequencies not accessible to LTE.” […] NR specification to allow flexible support of multiple numerologies. More specifically, the end goal is for NR to flexibly apply multiple subcarrier spacings (ex: 15 kHz scaled by an integer)]”);
wherein the applied subcarrier spacing is included in a subset of one or more subcarrier spacings, which depend on a set of frequency ranges in which the base station is configured to transmit, ([Introduction] “RAN1 assumes that multiple (but not necessarily all) OFDM numerologies (equivalent to “subcarrier spacings”) can apply to the same frequency range […] For a NR carrier (from network perspective) using multiple numerologies, at least the following is for further study […] Multiple frequency/time portions using different numerologies share a synchronization signal […] The synchronization signal refers to the signal itself and the time-frequency resource used to transmit the synchronization signal”);
and based on a mapping of the one or more subcarrier spacings to the frequency ranges, transmit synchronization signals based on the applied subcarrier spacing of the subset, ([3.1 Alternative 1:] “uses one ‘default’ subcarrier spacing for (equivalent to “mapping”) a given carrier frequency range. In this case, the subcarrier spacing for synchronization signal(s) shall be pre-defined in NR specification. Error! Reference source not found. shows an example of how this alternative could apply”);
wherein the base station communicates information about subcarrier spacings
used by neighboring base stations, ([Introduction] “as in LTE, synchronization signals could play a role in neighboring cell search operations where UEs would need to measure the quality of neighboring cells for mobility purposes. The design of synchronization signals for NR needs to consider various aspects and some are listed below:”).
However, Samsung does not disclose wherein for each of the transmitted synchronization signals a length of a cyclic prefix of modulation symbols is based on the utilized subcarrier spacing.
In the same field of endeavor, Deenoo discloses wherein for each of the transmitted synchronization signals a length of a cyclic prefix of modulation symbols is based on the utilized subcarrier spacing, ([0356] “UL resources used for access includes one or more of following aspects a transmission scheme: single-carrier or multi-carrier scheme or a specific multi-carrier scheme such as OFDM, SC-FDMA, FBMC, UFMC, zero tail or the like; a parameter associated with a transmission scheme: for example, numerology aspects such as subcarrier spacing, symbol duration, cyclic prefix duration/guard length/zero tail length, transmit power […] reference signal(s), synchronization signals”).
Therefore, it would have been obvious for one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([Introduction]), to incorporate the transmission scheme, such as cyclic prefix duration/guard length/zero tail length, disclosed by Deenoo. One of ordinary skill in the art would have been motivated to make this modification so as to minimize the interference in the UL transmission, Deenoo ([0356]).
Regarding claim 13, as applied to claim 7 above, Samsung discloses, and the one or more wireless communication devices, ([Introduction, 7th paragraph] “The design of synchronization signals for NR needs to consider various aspects and some are listed below: […] the support of multiple numerologies will allow NR to support different subcarrier spacings that will allow NR to be deployed in carrier frequencies not accessible to LTE.” “[…] details are provided on how it might impact the specification support and details on the relevant UE/eNB implementation implications”).
Claims 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over (Samsung; "Discussion on numerology aspects of NR synchronization signal; 3GPP TSG RAN WG1 Meeting #86; R1-166795; Gothenburg, Sweden, 22nd – 26th August 2016", hereinafter Samsung), in view of Deenoo et al. (US 20190104551 A1), hereinafter, Deenoo, further in view of Comsa et al. (US 20200037254 A1), hereinafter Comsa.
Regarding claim 2, as applied to claim 1 above, Samsung as modified by Deenoo does not disclose wherein the base station applies the one subcarrier spacing based on a priority order of subcarrier spacings.
In the same field of endeavor, Comsa discloses wherein the base station applies the one subcarrier spacing based on a priority order of subcarrier spacings, ([0150] “Power prioritization and priority rules applicable to transmissions may use one or more numerologies, beams, and/or waveforms. Scaling may be applied over a set of numerology blocks or transmissions. One or more of the following properties (or criteria) may be used to determine priority order and/or properties used in other systems (such as a type of information carried by a transmission): (i) a numerology parameter applicable to a numerology block or transmission (e.g., scaling may be applied to transmissions using a lower subcarrier spacing”).
Therefore, it would have been obvious for one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([introduction]), as modified by Deenoo to incorporate the numerology parameter, disclosed by Comsa. One of ordinary skill in the art would have been motivated to make this modification in order to prioritize the transmissions, Comsa ([0150]).
Regarding claim 8, as applied to claim 7 above, Samsung as modified by Deenoo does not disclose wherein the at least one processor is further configured to apply the one subcarrier spacing based on a priority order of subcarrier spacings.
In the same field of endeavor, Comsa discloses wherein the at least one processor is further configured to apply the one subcarrier spacing based on a priority order of subcarrier spacings, ([0150] “Power prioritization and priority rules applicable to transmissions may use one or more numerologies, beams, and/or waveforms. Scaling may be applied over a set of numerology blocks or transmissions. One or more of the following properties (or criteria) may be used to determine priority order and/or properties used in other systems (such as a type of information carried by a transmission): (i) a numerology parameter applicable to a numerology block or transmission (e.g., scaling may be applied to transmissions using a lower subcarrier spacing”).
Therefore, it would have been obvious for one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([introduction]), as modified by Deenoo to incorporate the numerology parameter, disclosed by Comsa. One of ordinary skill in the art would have been motivated to make this modification in order to prioritize the transmissions, Comsa ([0150]).
Claims 3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over (Samsung; "Discussion on numerology aspects of NR synchronization signal; 3GPP TSG RAN WG1 Meeting #86; R1-166795; Gothenburg, Sweden, 22nd – 26th August 2016", hereinafter Samsung), in view of Deenoo et al. (US 20190104551 A1), hereinafter, Deenoo, further in view of Comsa et al. (US 20200037254 A1), hereinafter Comsa, and further in view of Nammi et al. (US 20180092086 A1), hereinafter Nammi.
Regarding claim 3, as applied to claim 2 above, Samsung as modified by Deenoo and Comsa does not disclose wherein the priority order is configurable.
In the same field of endeavor, Nammi discloses wherein the priority order is configurable, ([0039] “the network node 104 can be configured to direct a UE 102 to apply sub-band filtering if the current traffic levels are relatively high (e.g., above a threshold traffic level value)[…] the network node 104 can be configured to direct a UE 102 to apply sub-band filtering if the average current traffic type distribution is associated with relatively high bandwidth and/or priority requirements (e.g., above a threshold bandwidth level or priority level), […]”).
Therefore, it would have been obvious for one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([introduction]), as modified by Deenoo and Comsa to incorporate the network node 104, disclosed by Nammi. One of ordinary skill in the art would have been motivated to make this modification in order to configure the UE 102 with capability to filter traffic per respective level values, Nammi ([0039]).
Regarding claim 9, as applied to claim 8 above, Samsung as modified by Deenoo and Comsa does not disclose wherein the priority order is configurable.
In the same field of endeavor, Nammi discloses wherein the priority order is configurable,([0039] “the network node 104 can be configured to direct a UE 102 to apply sub-band filtering if the current traffic levels are relatively high (e.g., above a threshold traffic level value)[…] the network node 104 can be configured to direct a UE 102 to apply sub-band filtering if the average current traffic type distribution is associated with relatively high bandwidth and/or priority requirements (e.g., above a threshold bandwidth level or priority level), […]”).
Therefore, it would have been obvious for one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([introduction]), as modified by Deenoo and Comsa to incorporate the network node 104, disclosed by Nammi. One of ordinary skill in the art would have been motivated to make this modification in order to configure the UE 102 with capability to filter filters traffic per respective level values, Nammi ([0039]).
Claims 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over (Samsung; "Discussion on numerology aspects of NR synchronization signal; 3GPP TSG RAN WG1 Meeting #86; R1-166795; Gothenburg, Sweden, 22nd – 26th August 2016", hereinafter Samsung), in view of Deenoo et al. (US 20190104551 A1), hereinafter, Deenoo, further in view of HWANG et al. (US 20190174406 A1) hereinafter HWANG.
Regarding claim 4, as applied to claim 1 above, Samsung as modified by Deenoo does not disclose wherein the base station applies the one subcarrier spacing based on information received from another base station of the wireless communication network.
In the same field of endeavor, HWANG discloses wherein the base station applies the one subcarrier spacing based on information received from another base station of the wireless communication network, [0226] “On a target cell, the UE may receive system information (SI) that contains information on other cells (e.g., neighbor cells of the target cell) […] [0244] the UE may receive the paging message from a base station other than the connected base station. [...] the second base station sends a paging message for a slice of the first base station. [0249] Referring to FIG. 10, the cell reselection operation of the terminal (UE) 110 based on service information (slice, numerology (equivalent to “subcarrier spacing”), TTI, etc.) may include a method for selecting a base station, based on the existing best received signal (e.g., RSRP or RSRQ). [0226] On a target cell, the UE may receive system information (SI) that contains information on other cells (e.g., neighbor cells of the target cell) and their supported services (e.g., cell ID and slice information)”).
Therefore, it would have been obvious for one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([introduction]), as modified by Deenoo to incorporate the service information, such as numerology (equivalent to “subcarrier spacing”), disclosed by HWANG. One of ordinary skill in the art would have been motivated to make this modification so the UE on the target cell may utilize the said information to perform the cell reselection operation, HWANG ([0226], [0249], [0226]).
Regarding claim 10, as applied to claim 7 above, Samsung as modified by Deenoo does not disclose, wherein the at least one processor is further configured to apply the one subcarrier spacing based on information received from another base station of the wireless communication network.
In the same field of endeavor, HWANG discloses wherein the at least one processor is further configured to apply the one subcarrier spacing based on information received from another base station of the wireless communication network, ([0226] “On a target cell, the UE may receive system information (SI) that contains information on other cells (e.g., neighbor cells of the target cell) […] [0244] the UE may receive the paging message from a base station other than the connected base station. [...] the second base station sends a paging message for a slice of the first base station. [0249] Referring to FIG. 10, the cell reselection operation of the terminal (UE) 110 based on service information (slice, numerology (equivalent to “subcarrier spacing”), TTI, etc.) may include a method for selecting a base station, based on the existing best received signal (e.g., RSRP or RSRQ). [0226] On a target cell, the UE may receive system information (SI) that contains information on other cells (e.g., neighbor cells of the target cell) and their supported services (e.g., cell ID and slice information)”).
Therefore, it would have been obvious for one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([introduction]), as modified by Deenoo to incorporate the service information, such as numerology (equivalent to “subcarrier spacing”), disclosed by HWANG. One of ordinary skill in the art would have been motivated to make this modification so the UE on the target cell may utilize the said information to perform the cell reselection operation, HWANG ([0226], [0249], [0226]).
Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over (Samsung; "Discussion on numerology aspects of NR synchronization signal; 3GPP TSG RAN WG1 Meeting #86; R1-166795; Gothenburg, Sweden, 22nd – 26th August 2016", hereinafter Samsung), in view of Deenoo et al. (US 20190104551 A1), hereinafter, Deenoo, further in view of Tooher et al (US 20190208482 A1) hereinafter Tooher.
Regarding claim 5, as applied to claim 1 above, Samsung as modified by Deenoo does not disclose, further comprising: based on the applied subcarrier spacing of the subset used for transmission of the synchronization signals, the base station transmitting system information indicating the subset of one or more subcarrier spacings supported by the base station.
In the same field of endeavor, Tooher discloses further comprising: based on the applied subcarrier spacing of the subset used for transmission of the synchronization signals, the base station transmitting system information indicating the subset of one or more subcarrier spacings supported by the base station, ([0112], [0127], [Claims 31] “A base station comprising: a transmitter and a processor configured to transmit a transmission including at least a synchronization signal, the transmission having subcarrier spacing selected from a subset of potential subcarrier spacings based on a frequency region of the transmission, [0125] The gNB 180 may send a second control channel transmission 584 indicating parameters for the numerology (equivalent to “subcarrier spacings”) block(s) of the first control channel transmission to the WTRU 102. [Claim 25]. A wireless transmit/receive unit (WTRU) comprising: a receiver and a processor configured to receive a transmission including at least a synchronization signal, the received transmission having a subset of potential subcarrier spacings based on a frequency region of the received block”).
Therefore, it would have been obvious for one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([introduction]), as modified by Deenoo to incorporate the transmission disclosed by Tooher. One of ordinary skill in the art would have been motivated to make this modification to optimize the overall system performance, Tooher ([0112], [0125], [0127], [Claim 25]), [Claim 31]).
Regarding claim 11, as applied to claim 7 above, Samsung as modified by Deenoo does not disclose, wherein the at least one processor is further configured to: based on the applied subcarrier spacing of the subset used for transmission of the synchronization signals, transmit system information indicating the subset of one or more subcarrier spacings supported by the base station.
In the same field of endeavor, Tooher discloses wherein the at least one processor is further configured to: based on the applied subcarrier spacing of the subset used for transmission of the synchronization signals, transmit system information indicating the subset of one or more subcarrier spacings supported by the base station, ([0112], [0127], [Claims 31] “A base station comprising: a transmitter and a processor configured to transmit a transmission including at least a synchronization signal, the transmission having subcarrier spacing selected from a subset of potential subcarrier spacings based on a frequency region of the transmission, [0125] The gNB 180 may send a second control channel transmission 584 indicating parameters for the numerology (equivalent to “subcarrier spacings”) block(s) of the first control channel transmission to the WTRU 102. [Claim 25]. A wireless transmit/receive unit (WTRU) comprising: a receiver and a processor configured to receive a transmission including at least a synchronization signal, the received transmission having a subset of potential subcarrier spacings based on a frequency region of the received block”).
Therefore, it would have been obvious for one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([introduction]), as modified by Deenoo to incorporate the transmission disclosed by Tooher. One of ordinary skill in the art would have been motivated to make this modification to optimize the overall system performance, Tooher ([0112], [0125], [0127], [Claim 25]), [Claim 31]).
Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over (Samsung; "Discussion on numerology aspects of NR synchronization signal; 3GPP TSG RAN WG1 Meeting #86; R1-166795; Gothenburg, Sweden, 22nd – 26th August 2016", hereinafter Samsung), in view of Deenoo et al. (US 20190104551 A1), hereinafter, Deenoo, further in view of Dinan et al. (US 8427976 B1), hereinafter Dinan.
Regarding claim 6, as applied to claim 1 above, Samsung as modified by Deenoo does not disclose further comprising: the base station receiving information indicating one or more subcarrier spacings supported by a further base station; and depending on the received information, the base station controlling handover of a wireless communication device between the base station and the further base station.
In the same field of endeavor, Dinan discloses further comprising: the base station receiving information indicating one or more subcarrier spacings supported by a further base station; (column 37, line 15-20] “the serving base station may receive at least one measurement report from the wireless device […] report may comprise signal quality information of at least one of the at least one carrier of at least one of the at least one target base station”); and
depending on the received information, the base station controlling handover of a wireless communication device between the base station and the further base station, (column 37, line 22-28] “[…] The serving base station may make a handover decision, based at least in part on the at least one measurement report as shown in 1109. The serving base station may transmit, in response to the serving base station making a handover decision for the wireless device, at least one third message to at least one target base station as shown in 1110 […] Slot(s) may include a plurality of OFDM symbols 203. The number of OFDM symbols 203 in a slot 206 may depend on the cyclic prefix length and subcarrier spacing.”).
Therefore, it would have been obvious for one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([introduction]), as modified by Deenoo to incorporate the measurement report disclosed by Dinan. One of ordinary skill in the art would have been motivated to make this modification to enable the serving BS to accurately make a handover decision, thus send a message to the target BS, Dinan ([page 32, column 37, line 22-28]).
Regarding claim 12, as applied to claim 7 above, Samsung as modified by Deenoo does not disclose wherein the at least one processor is further configured to: receive information indicating one or more subcarrier spacings supported by a further base station; and depending on the received information, control handover of a wireless communication device between the base station and the further base station.
In the same field of endeavor, Dinan discloses wherein the at least one processor is further configured to: receive information indicating one or more subcarrier spacings supported by a further base station; ([page 32, column 37, line 15-20] “the serving base station may receive at least one measurement report from the wireless device […] report may comprise signal quality information of at least one of the at least one carrier of at least one of the at least one target base station”); and
depending on the received information, control handover of a wireless communication device between the base station and the further base station, ([page 32, column 37, line 22-28] “[…] The serving base station may make a handover decision, based at least in part on the at least one measurement report as shown in 1109. The serving base station may transmit, in response to the serving base station making a handover decision for the wireless device, at least one third message to at least one target base station as shown in 1110 […] Slot(s) may include a plurality of OFDM symbols 203. The number of OFDM symbols 203 in a slot 206 may depend on the cyclic prefix length and subcarrier spacing.”).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the synchronization signals for NR, disclosed by Samsung ([introduction]), as modified by Deenoo to incorporate the measurement report disclosed by Dinan. One of ordinary skill in the art would have been motivated to make this modification to enable the serving BS to accurately make a handover decision, thus send a message to the target BS, Dinan ([page 32, column 37, line 22-28]).
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-7 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6-11, 14, and 16 of U.S. Patent No. 11916720. Although the claims at issue are not identical, they are not patentably distinct from each other because, by comparing the claims, all the limitations of claims 1-7 and 13 of the current application are similar and included in claims 6-11, 14, and 16 of U.S. Patent No. 11916720 with some obvious wording or terminology variations (see the table below).
Claim 1 of the Current Application
Claim 6 of U.S. Patent No. 11916720
1. A method of enabling synchronization in a wireless communication network, the method comprising: a base station of the wireless communication network applying one subcarrier spacing from a set of multiple subcarrier spacings, which are supported for transmission of synchronization signals; wherein the applied subcarrier spacing is included in a subset of one or more subcarrier spacings, which depend on a set of frequency ranges in which the base station is configured to transmit, and based on a mapping of the one or more subcarrier spacings to the frequency ranges, the base station transmitting synchronization signals based on the applied subcarrier spacing of the subset, wherein the base station communicates information about subcarrier spacings used by neighboring base stations, and wherein for each of the transmitted synchronization signals a length of a cyclic prefix of modulation symbols is based on the utilized subcarrier spacing
6. A method of enabling synchronization in a wireless communication network, the method comprising: a base station of the wireless communication network identifying a set of multiple subcarrier spacings which are supported for transmission of synchronization signals;
from the set of multiple different subcarrier spacings, the base station selects a subset of one or more subcarrier spacings, which are supported for transmission of synchronization signals; the base station transmitting synchronization signals based on the selected at least one of the one or more subcarrier spacings of the subset,
wherein the base station selects the subset of the one or more subcarrier spacings based on a set of frequency ranges in which the base station is configured to transmit and based on a mapping of the one or more subcarrier spacings to the frequency ranges,
wherein the base station communicates information about subcarrier spacings used by neighboring base stations, and
wherein for each of the transmitted synchronization signals a length of a cyclic prefix of modulation symbols is based on the utilized subcarrier spacing.
As disclosed in the table above, the claims have the same features and functionalities with nominal changes in terminology (e.g., identifying and selecting vs applying). Furthermore, claim 6 of U.S. Patent No. 11916720 includes additional limitations which makes claim 1 of the current application broader.
Independent claim 7 of the current application can be similarly compared with independent claims 14 of U.S. Patent No. 11916720.
The limitations of dependent claim 2 of the current application can be read on claim 7 of U.S. Patent No. 11916720.
The limitations of dependent claim 3 of the current application can be read on claim 8 of U.S. Patent No. 11916720.
The limitations of dependent claim 4 of the current application can be read on claim 9 of U.S. Patent No. 11916720.
The limitations of dependent claim 5 of the current application can be read on claim 10 of U.S. Patent No. 11916720.
The limitations of dependent claim 6 of the current application can be read on claim 11 of U.S. Patent No. 11916720.
The limitations of dependent claim 13 of the current application can be read on
claim 16 of U.S. Patent No..
Therefore, current claims 1-7 and 13 obviously encompass the claimed invention of claims 6-11, 14, and 16 of U.S. Patent No. 11916720 and differ only in terminology and additional limitations present in the patented independent claims 6 and 14. To the extent that the instant independent claims are broaden, and therefore, generic to the claimed invention of claims 6-11, 14, and 16 of U.S. Patent No. 11916720, in re Goodman 29 USPQ 2d 2010 CAFC 1993, states that a generic claim cannot be issued without a terminal disclaimer, if a species claim has been previously been claimed in a patent or co-pending application.
Conclusion
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/GILBERT M. GRANT/Examiner, Art Unit 2642
/Rafael Pérez-Gutiérrez/Supervisory Patent Examiner, Art Unit 2642