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 .
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 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 8, 14, 15, 21, 22, and 28 of U.S. Patent No. 11,463,220 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because comparing claims 1 and 6 of the application with claims 1, 7, 8, 14, 15, 21, 22, and 28 of the patent, claims 1 and 6 of the application are anticipated by patent claims 1, 7, 8, 14, 15, 21, 22, and 28 in that claims 1, 7, 8, 14, 15, 21, 22, and 28 of the patent contain all the limitations of claims 1 and 6 of the application. Claims 1 and 6 of the application therefore are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-6, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noh et al. (US 2013/0201931 A1) hereinafter Noh.
Regarding claim 1 – Noh discloses A method for transmitting a reference signal, comprising: refer to paragraph [0005] - To estimate a channel or measure the state of a channel, a reference signal (RS) which is known to both a transmitter and a receiver can be used.
performing, according to signaling information, the following operations: selecting a formula from a plurality of formulas, wherein the plurality of formulas are used for describing a hopping rule of at least one of a sequence group number and a sequence number, refer to paragraph [0007] - Assuming that the reference signal transmitted by the transmitter is p, channel information experienced by the reference signal during transmission is h, thermal noise occurring in the receiver is n, and the signal received by the receiver is y, it can result in y=hp+n. Here, since the receiver already knows the reference signal p, it can estimate a channel information value h using Equation 1 in the case in which a Least Square (LS) method is used, also, paragraph [0009] - In transmitting a reference signal, group hoping (GH) or sequence hopping (SH) may be applied to a reference signal sequence to minimize inter-cell interference (ICI), also, refer to paragraph [0013] - The method includes receiving a cell-specific sequence hopping parameter from a base station, receiving a UE-specific sequence group hopping (SGH) parameter that is specific to the UE, from the base station, and generating a reference signal sequence based on a base sequence number of a base sequence determined on a unit of each slot according to the cell-specific sequence hopping parameter and the UE-specific sequence group hopping parameter, wherein whether to apply a sequence hopping on the base sequence number indicated by the UE-specific sequence group hopping parameter
determining, according to the selected formula, at least one of the sequence group number and the sequence number, refer to paragraph [0026] - receiving a cell-specific sequence hopping parameter from a base station, receiving a UE-specific sequence group hopping (SGH) parameter that is specific to the UE, from the base station, and generating a reference signal sequence based on a base sequence number of a base sequence
determining a reference signal according to the at least one of the sequence group number and the sequence number, refer to paragraph [0013] - a method of generating a reference signal sequence by a user equipment (UE) in a wireless communication system is provided. The method includes receiving a cell-specific sequence hopping parameter from a base station, receiving a UE-specific sequence group hopping (SGH) parameter that is specific to the UE, from the base station, and generating a reference signal sequence based on a base sequence number of a base sequence determined on a unit of each slot according to the cell-specific sequence hopping parameter
transmitting the reference signal, refer to Figure 15 and paragraph [0125] - a user equipment-specific SGH parameter or a user equipment-specific SH parameter overrides a cell-specific SH parameter regardless of an uplink transmission mode, it may vary depending on a transmission mode, also, claim 13.
Regarding claim 3 – Noh discloses claim 1.
Noh discloses the sequence group number u satisfies u = (fgh(x) + fss) mod C ; wherein fgh (x) is a function with respect to x, x comprises at least one piece of information in a selected parameter set corresponding to the selected formula , C is a total number of sequence groups, and fss is obtained according to a parameter comprised in received signaling information, refer to paragraph [0097] and {Equation 7].
Regarding claim 4 – Noh discloses claim 3.
Noh discloses h(l₂, N, ns) = l₂ + nₛ * N ; or h(nₛ) = ns wherein l₂ is the index information of the time domain symbols in which the reference signal is located among the N time domain symbols comprised in the time unit, 0 ≤ l₂ < N, and nₛ is an index of a time unit in which the reference signal is located in one frame, refer to paragraphs [0100] - Equation 9 shows an example of a gold sequence c(n), also, paragraph [0101], and [Equation 9].
Regarding claim 5 – Noh discloses claim 1.
Noh discloses in a case of sequence hopping, the sequence number v satisfies v = c(z₁), wherein z₁ is obtained according to the parameter, refer to paragraph [0090] - Each group includes a basic sequence (v=0) ……. The sequence group index u and the basic sequence index v within a group may vary according to time as in group hopping or sequence hopping.
c(z) is a z-th value in a sequence generated by a random sequence function c(), and z is a non-negative integer,
wherein z₁ is obtained through one of following formulas:
z₁ = nₛ * N + l₂;
h(nₛ)=nₛ ,
wherein l₂ is index information of the time domain symbols in which the reference signal is located among N time domain symbols comprised in one time unit, 0 ≤ l₂ < N, and nₛ is an index of a time unit in which the reference signal is located in one frame, refer to paragraphs [0100] - Equation 9 shows an example of a gold sequence c(n), also, paragraph [0101], and [Equation 9].
Regarding claim 6 – Noh discloses a processor and a memory including processor executable code, wherein the processor executable code upon execution by the processor causes the processor to: refer to Figure 16 callout 900, and paragraph [0128] - A user equipment 900 includes a processor 910, a memory 920, and an RF unit 930. The processor 910 implements functions, processes, and/or methods proposed. The layers of a wireless interface protocol may be implemented by the processor 910. The processor 910 is configured to generate a reference signal sequence based on a base sequence on a slot basis.
The remaining elements of claim 6 are disclosed in claim 1 above for the rejection of claim 6.
Regarding claim 8 – Noh discloses claim 6. Please refer to claim 3 for the elements of the rejection for claim 8.
Regarding claim 9 – Noh discloses claim 8. Please refer to claim 4 for the elements of the rejection for claim 9.
Regarding claim 10 – Noh discloses claim 6. Please refer to claim 5 for the elements of the rejection for claim 10.
Allowable Subject Matter
Claims 2 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: Applicants have claimed uniquely distinct features in the application, which are not found in the prior art, either singularly or in combination. The dependent claims 2 and 7 identify the following uniquely distinct features:
I. The primary reason for the allowance of the claims are the inclusion of the limitation in the claims which are not found in the prior art references. The following claim elements “a third parameter set and a fourth parameter set, wherein the third parameter set comprises time domain symbol index information, and the fourth parameter set does not comprise the time domain symbol index information” together with the other elements are the reasons for allowance.
1. Regarding claims 2 and 7 – wherein each of the plurality of formulas is based on a parameter set and the plurality of formulas correspond to plurality of parameter sets the plurality of parameter sets at least comprises a third parameter set and a fourth parameter set, wherein the third parameter set comprises time domain symbol index information, and the fourth parameter set does not comprise the time domain symbol index information.
The closest prior art, either singularly or in combination, fail to anticipate or render the above limitations obvious.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sun et al. (US 10,523,476 B2) discloses signal scrambling sequence techniques for wireless communications.
Ko et al. (US 8,804,647 B2) discloses method and apparatus for generating uplink reference signal sequence in a wireless communication system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Pezzlo whose telephone number is (571) 272-3090. The examiner can normally be reached on Monday to Friday from 8:30 AM to 5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman A. Abaza, can be reached at telephone number (571) 270-0422. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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John Pezzlo
25 March 2026
/John Pezzlo/
Primary Examiner, Art Unit 2465B