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 .
Introduction
This is a response to the applicant’s filing filed on 01/31/2024. In virtue of this filing, claims 1-20 are currently presented in the instant application.
Priority
The benefit of an earlier filing date of this application is continuing on PRO of 62805648, 02/14/2019.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/28/2024 has been considered by Examiner and made of record in the application file.
Drawings
The drawing submitted on 01/31/2024 has been considered by Examiner and made of record in the application file.
Specification
The specification submitted on 01/31/2024 has been considered by Examiner and made of record in the application file.
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).
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Claims 1-8 and 10-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 11-18 of U.S. Patent No.: 11,337,164. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-8 and 10-17 in the current application have the same scope of claimed inventions with obvious wording variations.
Current application:
Claim 1: A method comprising: receiving, by a wireless device, a medium access control control element (MAC CE) indicating: a power control parameter set of power control parameter sets for uplink transmissions by the wireless device via physical uplink shared channel (PUSCH) resources; and a pathloss reference signal (RS), of pathloss RSs for the uplink transmissions via the PUSCH resources, associated with the power control parameter set; receiving downlink control information indicating: a PUSCH resource; and the power control parameter set; and transmitting, via the PUSCH resource, an uplink signal with a transmission power that is based on the pathloss RS associated with the power control parameter set.
Claim 10: A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive a medium access control control element (MAC CE) indicating: a power control parameter set of power control parameter sets for uplink transmissions by the wireless device via physical uplink shared channel (PUSCH) resources; and a pathloss reference signal (RS), of pathloss RSs for the uplink transmissions via the PUSCH resources, associated with the power control parameter set; receive downlink control information indicating: a PUSCH resource; and the power control parameter set; and transmit, via the PUSCH resource, an uplink signal with a transmission power that is based on the pathloss RS associated with the power control parameter set.
Claim 19: A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a wireless device, cause the wireless device to: receive a medium access control control element (MAC CE) indicating: a power control parameter set of power control parameter sets for uplink transmissions by the wireless device via physical uplink shared channel (PUSCH) resources; and a pathloss reference signal (RS), of pathloss RSs for the uplink transmissions via the PUSCH resources, associated with the power control parameter set; receive downlink control information indicating: a PUSCH resource; and the power control parameter set; and transmit, via the PUSCH resource, an uplink signal with a transmission power that is based on the pathloss RS associated with the power control parameter set.
Patent No.: 11,337,164:
Claim 1: A method comprising: receiving, by a wireless device, one or more radio resource control (RRC) messages comprising configuration parameters, for physical uplink shared channel (PUSCH), indicating: a plurality of power control parameter sets; and a plurality of pathloss reference signals (RSs); receiving a medium access control control element (MAC CE) indicating: an identity of a power control parameter set of the plurality of power control parameter sets; and a pathloss RS, of the plurality of pathloss RSs, associated with the power control parameter set; receiving a downlink control information indicating: the identity of the power control parameter set; and one or more uplink resources of the PUSCH; and transmitting, via the one or more uplink resources, a transport block with a transmission power determined based on the pathloss RS associated with the power control parameter set.
Claim 11: A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive one or more radio resource control (RRC) messages comprising configuration parameters, for physical uplink shared channel (PUSCH), indicating: a plurality of power control parameter sets; and a plurality of pathloss reference signals (RSs); receive a medium access control control element (MAC CE) indicating: an identity of a power control parameter set of the plurality of power control parameter sets; and a pathloss RS, of the plurality of pathloss RSs, associated with the power control parameter set; receive a downlink control information indicating: the identity of the power control parameter set; and one or more uplink resources of the PUSCH; and transmit, via the one or more uplink resources, a transport block with a transmission power determined based on the pathloss RS associated with the power control parameter set.
Regarding claims 1, 10-11 and 19 above, they are not identical, they are not patentably distinct from each other because claims 1,10 and 19 in the current application have the same scope of claimed inventions with obvious wording variations from claims 1 and 11 of Patent 11,337,164.
Regarding claims 2-8 and 11-17, claims 2-8 and 11-17 are rejected the same scope of claims 2-8 and 12-18 of Patent 11,337,164.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No.: 11,895,597. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-18 in the current application have the same scope of claimed inventions with obvious wording variations.
Current application:
Claim 1: A method comprising: receiving, by a wireless device, a medium access control control element (MAC CE) indicating: a power control parameter set of power control parameter sets for uplink transmissions by the wireless device via physical uplink shared channel (PUSCH) resources; and a pathloss reference signal (RS), of pathloss RSs for the uplink transmissions via the PUSCH resources, associated with the power control parameter set; receiving downlink control information indicating: a PUSCH resource; and the power control parameter set; and transmitting, via the PUSCH resource, an uplink signal with a transmission power that is based on the pathloss RS associated with the power control parameter set.
Claim 10: A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive a medium access control control element (MAC CE) indicating: a power control parameter set of power control parameter sets for uplink transmissions by the wireless device via physical uplink shared channel (PUSCH) resources; and a pathloss reference signal (RS), of pathloss RSs for the uplink transmissions via the PUSCH resources, associated with the power control parameter set; receive downlink control information indicating: a PUSCH resource; and the power control parameter set; and transmit, via the PUSCH resource, an uplink signal with a transmission power that is based on the pathloss RS associated with the power control parameter set.
Claim 19: A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a wireless device, cause the wireless device to: receive a medium access control control element (MAC CE) indicating: a power control parameter set of power control parameter sets for uplink transmissions by the wireless device via physical uplink shared channel (PUSCH) resources; and a pathloss reference signal (RS), of pathloss RSs for the uplink transmissions via the PUSCH resources, associated with the power control parameter set; receive downlink control information indicating: a PUSCH resource; and the power control parameter set; and transmit, via the PUSCH resource, an uplink signal with a transmission power that is based on the pathloss RS associated with the power control parameter set.
Patent No.: 11,895,597:
Claim 1: A method comprising: transmitting, by a base station to a wireless device, a medium access control control element (MAC CE) indicating: a power control parameter set of power control parameter sets for uplink transmissions by the wireless device via physical uplink shared channel (PUSCH) resources; and a pathloss reference signal (RS), of pathloss RSs for the uplink transmissions via the PUSCH resources, associated with the power control parameter set; transmitting downlink control information indicating: a PUSCH resource; and the power control parameter set; and receiving an uplink signal via the PUSCH resource, wherein a transmission power of the uplink signal is based on the pathloss RS associated with the power control parameter set.
Claim 10: A base station comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the base station to: transmit, to a wireless device, a medium access control control element (MAC CE) indicating: a power control parameter set of power control parameter sets for uplink transmissions by the wireless device via physical uplink shared channel (PUSCH) resources; and a pathloss reference signal (RS), of pathloss RSs for the uplink transmissions via the PUSCH resources, associated with the power control parameter set; transmit downlink control information indicating: a PUSCH resource; and the power control parameter set; and receive an uplink signal via the PUSCH resource, wherein a transmission power of the uplink signal is based on the pathloss RS associated with the power control parameter set.
Regarding claims 1, 10 and 19 above, they are not identical, they are not patentably distinct from each other because claims 1, 10 and 19 in the current application have the same scope of claimed inventions with obvious wording variations from claims 1 and 10 of Patent 11,895,597. Further, it is obvious that the wireless device is receiving a medium access control control element (MAC CE) indicating from the base station.
Regarding claims 2-9 and 11-18, claims 2-9 and 11-18 are rejected the same scope of claims 2-9 and 11-18 of Patent 11,895,597.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan A. Pham whose telephone number is (571) 272-8097, the fax number is (571) 273-8097 and the email is tuan.pham01@uspto.gov. The examiner can normally be reached on Monday through Friday, 8:30 AM-5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Yuwen (Kevin) Pan can be reached on (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUAN PHAM/ Primary Examiner, Art Unit 2649