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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/27/2026 has been entered.
Response to Arguments
Applicant's arguments filed 4/27/2026 have been fully considered but they are not persuasive.
Applicants argue on page 9, First Double Patenting Rejection, ‘claims 1, 3-6, and 20 that change first downlink control channel message to "downlink control channel message" and second downlink control channel message to "another downlink control channel message". These claims are now distinct from the claims of U.S. patent 11,064,515, and so withdrawal of this double patenting rejection is respectfully requested’.
Examiner respectively disagrees. The claims are NOT distinct from U.S. Patent 11,064,515. Newly amended claim limitation “another downlink control channel message” even broadens the scope of claim of U.S. patent 11,064,515 limitation “second downlink control channel message”
Applicants argue on page 9, Second Double Patenting Rejection, ‘By contrast, claim 1 of U.S. Patent 11,917,632 recites "receiving a downlink control channel that schedules a downlink shared channel transmission to the wireless device". U.S. Patent 11,917,632 does not disclose that the downlink control channel "comprises information" and therefore these claims are patentably distinct, and so withdrawal of this rejection to claim 13 is respectfully requested’.
Examiner respectively disagrees. It is inherent in “the downlink control channel that schedules a downlink shared channel transmission” of U.S. Patent 11,917,632 to comprise information that schedules a downlink shared channel transmission to the wireless device.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-12 and 20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 11064515. Although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1, for example as shown in the table below, of the instant application merely broadens claim 1 of US Patent 11064515.
Instant Application
U.S. Patent No. 11064515
1. (Currently Amended) A method performed by a wireless device, the method comprising:
receiving a downlink control channel message that schedules a first downlink shared channel transmission;
receiving another downlink control channel message that schedules a second downlink shared channel transmission;
determining an uplink control channel resource to use for transmitting uplink control information to a network node on an uplink control channel,
wherein:
the uplink control information comprises Hybrid Automatic Repeat Request, HARQ, feedback for both the first downlink shared channel transmission and the second downlink shared channel transmission; and
wherein the determining the uplink control channel resource for transmitting the uplink control information
(a) signaling received from the network node and (b) resource determination performed by the wireless device based on a latest received one of the downlink control channel message and the other downlink control channel message; and
transmitting the uplink control information using the determined uplink control channel resource.
1. A method performed by a wireless device, the method comprising:
receiving a first downlink control channel message that schedules a first downlink shared channel transmission;
receiving a second downlink control channel message that schedules a second downlink shared channel transmission;
determining an uplink control channel resource to use for transmitting uplink control information to a network node on an uplink control channel,
wherein:
the uplink control information comprises Hybrid Automatic Repeat Request, HARQ, feedback for both the first downlink shared channel transmission and the second downlink shared channel transmission; and
wherein determining the uplink control channel resource for transmitting the uplink control information comprises determining the uplink control channel resource based on:
(a) signaling received from the network node and (b) resource determination performed by the wireless device based on a latest received one of the first downlink control channel message and the second downlink control channel message; and
transmitting the uplink control information using the determined uplink control channel resource.
Claims 13-19 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11917632. Although the conflicting claims are not identical, they are not patentably distinct from each other because claim 13 of the instant application merely change to “a wireless device” from “a method” of claim 1 of US Patent 11917632 and added limitation “comprises information that”. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a wireless device in order to utilize the method. As addressed in BACKGROUND, Determination of PUCCH Resources, see col. 2 line 53 of U.S. Patent No. 11,917,632, “the received control channel message (PDCCH) scheduling the PDSCH”, where the underlined “message” is “information”. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine with a well known method in order to yield to an known result.
Instant Application
US Patent 11917632
13. A wireless device comprising: an interface; and processing circuitry configured to cause the wireless device to: receive a downlink control channel that comprises information that schedules a downlink shared channel transmission to the wireless device;
determine an uplink control channel resource to use for transmitting uplink control information to a network node, wherein the uplink control information comprises Hybrid Automatic Repeat Request, HARQ, feedback for the downlink shared channel transmission and determining the uplink control channel resource comprises selecting the uplink control channel resource from uplink control channel resources in two or more uplink control channel resource sets based on: a payload size of the uplink control information; a starting control channel element index of a downlink control channel candidate on which the downlink control channel was received; and dynamic signaling received from the network node; and
transmit the uplink control information using the determined uplink control channel resource.
1. A method performed by a wireless device, comprising:
receiving a downlink control channel that schedules a downlink shared channel transmission to the wireless device;
determining an uplink control channel resource to use for transmitting uplink control information to a network node, wherein the uplink control information comprises Hybrid Automatic Repeat Request, HARQ, feedback for the downlink shared channel transmission and determining the uplink control channel resource comprises selecting the uplink control channel resource from uplink control channel resources in two or more uplink control channel resource sets based on: a payload size of the uplink control information; a starting control channel element index of a downlink control channel candidate on which the downlink control channel was received; and dynamic signaling received from the network node; and
transmitting the uplink control information using the determined uplink control channel resource.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUNSOOK CHOI whose telephone number is (571)270-1822. The examiner can normally be reached on 8am-4:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on 5712723940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EUNSOOK CHOI/Primary Examiner, Art Unit 2467
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