DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
None of the instant claims invoke U.S.C. 112(f).
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 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 11929858 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
In general, the claims of the instant application are genus to the species claims of US 11929858 B2. The integrated circuit of the instant application is from the perspective of a transmitter, whereas the integrated circuit of US 11929858 B2 is from the perspective of a receiver, each operating in an opposite manner, which is obvious to a person of ordinary skill in the art. The underlined portions of US 11929858 B2 also highlight species limitations that differ from the genus instant application. Simple substitution of one known element for another to obtain predictable results is obvious to a person of ordinary skill in the art. See the Table below for details.
Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. US 11575552 B2 [cited by Applicant]. Although the claims at issue are not identical, they are not patentably distinct from each other because:
In general, the claims of the instant application are genus to the species claims of US 11575552 B2. The integrated circuit of the instant application is from the perspective of a transmitter, whereas the communication apparatus of US 11575552 B2 is from the perspective of a receiver, each operating in an opposite manner, which is obvious to a person of ordinary skill in the art. The underlined portions of US 11575552 B2 also highlight species limitations that differ from the genus instant application. Simple substitution of one known element for another to obtain predictable results is obvious to a person of ordinary skill in the art. See the Table below for details.
Instant application US 11929858 B2 US 11575552 B2
1. An integrated circuit comprising: transmission circuitry, which in operation, controls transmitting, to a communication apparatus, control information including cluster information and frequency resource information, wherein the cluster information indicates one or more clusters, and the frequency resource information indicates one or more frequency bands corresponding to the one or more clusters, wherein a size of each of the one or more frequency bands is a multiple of a product of two or more powers of prime numbers wherein the multiple is 2 or more; and reception circuitry, which in operation, controls receiving a signal, which is generated by transforming a time signal into a frequency signal with a discrete Fourier transform (DFT) and by mapping the frequency signal on the one or more frequency bands.
1. An integrated circuit comprising: reception circuitry, which in operation, controls receiving, from a base station, control information including cluster information and frequency resource information, wherein the cluster information indicates one or more clusters, and the frequency resource information indicates one or more frequency bands corresponding to the one or more clusters, wherein a size of each of the one or more frequency bands is a multiple of a product of two or more powers of prime numbers wherein the multiple is 2 or more; transformation circuitry, which in operation, controls transforming a time signal into a frequency signal with a discrete Fourier transform (DFT) and mapping the frequency signal on the one or more frequency bands; and transmission circuitry, which in operation, controls transmitting a transmission signal generated from the mapped frequency signal.
1. A communication apparatus comprising: a receiver, which is configured to receive, from a base station, control information including cluster information and frequency resource information, wherein the cluster information indicates one or more clusters, and the frequency resource information indicates one or more frequency bands corresponding to the one or more clusters, wherein a size of each of the one or more frequency bands is a multiple of a product of two or more powers of prime numbers wherein the multiple is 2 or more; circuitry, which is coupled to the receiver and which is configured to transform a time signal into a frequency signal with a discrete Fourier transform (DFT) and to map the frequency signal on the one or more frequency bands; and a transmitter, which is coupled to the circuitry and which is configured to transmit a transmission signal generated from the mapped frequency signal.
2. The integrated circuit according to claim 1, wherein the prime numbers are selected in order from a smaller prime number.
2. The integrated circuit according to claim 1, wherein the prime numbers are selected in order from a smaller prime number.
2. The communication apparatus according to claim 1, wherein the prime numbers are selected in order from a smaller prime number.
3. The integrated circuit according to claim 1, wherein a first exponent for a first prime number is equal to or greater than a second exponent for a second prime number that is greater than the first prime number.
3. The integrated circuit according to claim 1, wherein a first exponent for a first prime number is equal to or greater than a second exponent for a second prime number that is greater than the first prime number.
3. The communication apparatus according to claim 1, wherein a first exponent for a first prime number is equal to or greater than a second exponent for a second prime number that is greater than the first prime number.
4. The integrated circuit according to claim 1, wherein the size of each of the one or more frequency bands is one minimum division unit or multiple minimum division units, wherein the minimum division unit is the product of two or more powers of prime numbers.
4. The integrated circuit according to claim 1, wherein the size of each of the one or more frequency bands is one minimum division unit or multiple minimum division units, wherein the minimum division unit is the product of two or more powers of prime numbers.
4. The communication apparatus according to claim 1, wherein the size of each of the one or more frequency bands is one minimum division unit or multiple minimum division units, wherein the minimum division unit is the product of two or more powers of prime numbers.
5. The integrated circuit according to claim 1, wherein the transmission circuitry, in operation, controls transmitting the control information indicating a number of the one or more frequency bands and the size of each of the one or more frequency bands for each transmission of the signal.
5. The integrated circuit according to claim 1, wherein the reception circuitry, in operation, controls receiving the control information indicating a number of the one or more frequency bands and the size of each of the one or more frequency bands for each transmission of the transmission signal.
5. The communication apparatus according to claim 1, wherein the receiver receives the control information including a number of the one or more frequency bands and the size of each of the one or more frequency bands for each transmission of the transmission signal.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: it is unclear what structural component of the integrated circuit performs the selection of the prime numbers as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR J GHOWRWAL whose telephone number is (571)270-5691. The examiner can normally be reached M-F 9:00am-6:00pm.
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/OMAR J GHOWRWAL/Primary Examiner, Art Unit 2463