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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994)
The disclosure of the prior-filed application, Application No. 62/399,938, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The disclosure of the prior-filed application, Application No. 62/399,932, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The disclosure of the prior-filed application, Application No. 62/399,946, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The disclosure of the prior-filed application, Application No. 62/399,947, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The disclosure of the prior-filed application, Application No. 62/399,941, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The disclosure of the prior-filed application, Application No. 62/405,885, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The disclosure of the prior-filed application, Application No. 18/103,286, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The disclosure of the prior-filed application, Application No. 17/068,029, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The disclosure of the prior-filed application, Application No. 16/658,679, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The disclosure of the prior-filed application, Application No. 15/716,114, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
For example, the prior-filed applications do not disclose at least a PUSCH preparation time.
This application repeats a substantial portion of prior Application No. 18/103,286, filed 10/12/2020, and adds disclosure not presented in the prior application (i.e. PUSCH preparation time). Because this application names the inventor or at least one joint inventor named in the prior application, it may constitute a continuation-in-part of the prior application. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Examiner notes the previously filed parent applications have support for a “processing period” which appears to function similarly to the instant application’s claimed “preparation time.” However, as the term “preparation” does not appear in the parent applications, Examiner suggests Applicant amend the claims to pertain to “processing” instead to avoid any issues with priority claims to the parent applications.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
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.usptogov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 11-14, respectively, of U.S. Patent No. 11,582,735 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are directed to a wireless terminal, whereas those to U.S. Patent No. 11,582,735 B2 are directed to a base station, however a person of ordinary skill in the art in multiplexing technology will realize that it is obvious to perform complementary operations between a base station and wireless terminal. Furthermore, the instant claims recite terms “time,” “a first PUSCH transmission” and “no earlier than” whereas U.S. Patent No. 11,582,735 B2 recites equivalent terms “period,” “a transport block” and “equal to or greater.” Examiner notes that it is known from the context of U.S. Patent No. 11,582,735 B2 that “a transport block” is a “PUSCH transmission” as it is claimed to be set up by the DCI and also the transmission has a PUSCH transmission time. Simple substitution of one known element for another to obtain predictable results is obvious to a person of ordinary skill in the art. The table below details mappings of the instant claims to those of U.S. Patent No. 11,582,735 B2.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 11-14, 20 respectively, of U.S. 11,910,404 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application recite terms “time,” “a first PUSCH transmission” whereas U.S. Patent No. U.S. 11,910,404 B2 recites equivalent terms “period,” “a transport block.” Examiner notes that it is known from the context of U.S. Patent No. U.S. 11,910,404 B2 that “a transport block” is a “PUSCH transmission” as it is claimed to be set up by the DCI and also the transmission has a PUSCH transmission time. Simple substitution of one known element for another to obtain predictable results is obvious to a person of ordinary skill in the art. The table below details mappings of the instant claims to those of U.S. Patent No. U.S. 11,910,404 B2.
Instant application U.S.11,582,735 B2 U.S. 11,910,404 B2
1. A method comprising: receiving, by a base station from a wireless device, a wireless device capability message comprising at least one parameter indicating a first physical uplink shared channel (PUSCH) processing capability of the wireless device; determining, based on the first PUSCH processing capability of the wireless device, a PUSCH preparation time indicating a period between: a reception time of a downlink control information (DCI) comprising a resource assignment; and a PUSCH transmission time of the resource assignment; transmitting, to the wireless device, a first DCI indicating a first resource assignment for a first PUSCH transmission, wherein the first resource assignment occurs no earlier than the PUSCH preparation time from when the first DCI is received by the wireless device; and receiving the first PUSCH transmission via the first resource assignment.
1. A method comprising: transmitting, by a wireless device, a wireless device capability message comprising at least one parameter indicating a first physical uplink shared channel (PUSCH) processing period between: a reception time of a downlink control information (DCI) comprising a resource assignment; and a PUSCH transmission time of the resource assignment; receiving a first DCI indicating a first resource assignment occurring after a time period from the receiving the first DCI, wherein the time period is equal to or greater than the first PUSCH processing period; and transmitting a transport block via the first resource assignment.
1. A method comprising: receiving, by a base station from a wireless device, a wireless device capability message comprising at least one parameter indicating a first physical uplink shared channel (PUSCH) processing period between: a reception time of a downlink control information (DCI) comprising a resource assignment; and a PUSCH transmission time of the resource assignment; transmitting, to the wireless device, a first DCI indicating a first resource assignment occurring after a time period from when the first DCI is received by the wireless device, wherein the time period is equal to or greater than the first PUSCH processing period; and receiving a transport block via the first resource assignment.
2. The method of claim 1, wherein the at least one parameter indicates one of a number of possible values as the PUSCH preparation time.
2. The method of claim 1, wherein the at least one parameter indicates one of a number of possible values as the first PUSCH processing period.
2. The method of claim 1, wherein the at least one parameter indicates one of a number of possible values as the first PUSCH processing period.
3. The method of claim 1, wherein the first DCI comprises a field indicating a transmission timing offset for transmitting the first PUSCH transmission.
3. The method of claim 1, wherein the first DCI comprises a field indicating a transmission timing offset for the transmitting of the transport block.
3. The method of claim 1, wherein the first DCI comprises a field indicating a transmission timing offset for transmitting the transport block.
4. The method of claim 1, wherein the first DCI comprises a one-stage grant.
4. The method of claim 1, wherein the first DCI comprises a one-stage grant.
4. The method of claim 1, wherein the first DCI comprises a one-stage grant.
5. The method of claim 1, wherein the first DCI is a first stage of a two-stage grant.
5. The method of claim 1, wherein the first DCI is a first stage of a two-stage grant.
5. The method of claim 1, wherein the first DCI is a first stage of a two-stage grant.
6. The method of claim 5, further comprising transmitting a second DCI comprising a trigger for the first DCI.
6. The method of claim 5, further comprising receiving a second DCI comprising a trigger for the first DCI.
6. The method of claim 5, further comprising transmitting a second DCI comprising a trigger for the first DCI.
7. The method of claim 1, further comprising transmitting at least one radio resource control (RRC) message comprising configuration parameters of a cell comprising a PUSCH.
7. The method of claim 1, further comprising receiving at least one radio resource control message comprising configuration parameters of a cell comprising a PUSCH.
7. The method of claim 1, further comprising transmitting at least one radio resource control message comprising configuration parameters of a cell comprising a PUSCH.
8. 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: receive, from a wireless device, a wireless device capability message comprising at least one parameter indicating a first physical uplink shared channel (PUSCH) processing capability of the wireless device; determine, based on the first PUSCH processing capability of the wireless device, a PUSCH preparation time indicating a period between: a reception time of a downlink control information (DCI) comprising a resource assignment; and a PUSCH transmission time of the resource assignment; transmit, to the wireless device, a first DCI indicating a first resource assignment for a first PUSCH transmission, wherein the first resource assignment occurs no earlier than the PUSCH preparation time from when the first DCI is received by the wireless device; and receive the first PUSCH transmission via the first resource assignment.
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: transmit a wireless device capability message comprising at least one parameter indicating a first physical uplink shared channel (PUSCH) processing period between: a reception time of a downlink control information (DCI) comprising a resource assignment; and a PUSCH transmission time of the resource assignment; receive a first DCI indicating a first resource assignment occurring after a time period from the reception of the first DCI, wherein the time period is equal to or greater than the first PUSCH processing period; and transmit a transport block via the first resource assignment.
11. 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: receive, from a wireless device, a wireless device capability message comprising at least one parameter indicating a first physical uplink shared channel (PUSCH) processing period between: a reception time of a downlink control information (DCI) comprising a resource assignment; and a PUSCH transmission time of the resource assignment; transmit, to the wireless device, a first DCI indicating a first resource assignment occurring after a time period from when the wireless device receives the first DCI, wherein the time period is equal to or greater than the first PUSCH processing period; and receive a transport block via the first resource assignment.
9. The base station of claim 8, wherein the at least one parameter indicates one of a number of possible values as the PUSCH preparation time.
12. The wireless device of claim 11, wherein the at least one parameter indicates one of a number of possible values as the first PUSCH processing period.
12. The base station of claim 11, wherein the at least one parameter indicates one of a number of possible values as the first PUSCH processing period.
10. The base station of claim 8, wherein the first DCI comprises a field indicating a transmission timing offset for transmitting the first PUSCH transmission.
13. The wireless device of claim 11, wherein the first DCI comprises a field indicating a transmission timing offset for the transmission of the transport block.
13. The base station of claim 11, wherein the first DCI comprises a field indicating a transmission timing offset for transmission of the transport block.
11. The base station of claim 8, wherein the first DCI comprises a one-stage grant.
14. The wireless device of claim 11, wherein the first DCI comprises a one-stage grant.
14. The base station of claim 11, wherein the first DCI comprises a one-stage grant.
12. The base station of claim 8, wherein the first DCI is a first stage of a two-stage grant.
15. The wireless device of claim 11, wherein the first DCI is a first stage of a two-stage grant.
15. The base station of claim 11, wherein the first DCI is a first stage of a two-stage grant.
13. The base station of claim 12, wherein the instructions further cause the base station to transmit a second DCI comprising a trigger for the first DCI.
16. The wireless device of claim 15, wherein the instructions, when executed by the one or more processors, further cause the wireless device to receive a second DCI comprising a trigger for the first DCI.
16. The base station of claim 15, wherein the instructions, when executed by the one or more processors, further cause the base station to transmit a second DCI comprising a trigger for the first DCI.
14. The base station of claim 8, wherein the instructions further cause the base station to transmit at least one radio resource control (RRC) message comprising configuration parameters of a cell comprising a PUSCH.
17. The wireless device of claim 11, wherein the instructions, when executed by the one or more processors, further cause the wireless device to receive at least one radio resource control message comprising configuration parameters of a cell comprising a PUSCH.
17. The base station of claim 11, wherein the instructions, when executed by the one or more processors, further cause the base station to transmit at least one radio resource control message comprising configuration parameters of a cell comprising a PUSCH.
15. A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station, cause the base station to: receive, from a wireless device, a wireless device capability message comprising at least one parameter indicating a first physical uplink shared channel (PUSCH) processing capability of the wireless device; determine, based on the first PUSCH processing capability of the wireless device, a PUSCH preparation time indicating a period between: a reception time of a downlink control information (DCI) comprising a resource assignment; and a PUSCH transmission time of the resource assignment; transmit, to the wireless device, a first DCI indicating a first resource assignment for a first PUSCH transmission, wherein the first resource assignment occurs no earlier than the PUSCH preparation time from when the first DCI is received by the wireless device; and receive the first PUSCH transmission via the first resource assignment.
20. A non-transitory computer-readable medium storing instructions that, when executed by one or more processors of a base station, cause the base station to: receive, from a wireless device, a wireless device capability message comprising at least one parameter indicating a first physical uplink shared channel (PUSCH) processing period between: a reception time of a downlink control information (DCI) comprising a resource assignment; and a PUSCH transmission time of the resource assignment; transmit, to the wireless device, a first DCI indicating a first resource assignment occurring after a time period from when the first DCI is received by the wireless device, wherein the time period is equal to or greater than the first PUSCH processing period; and receive a transport block via the first resource assignment.
16. The non-transitory computer-readable medium of claim 15, wherein the at least one parameter indicates one of a number of possible values as the PUSCH preparation time.
17. The non-transitory computer-readable medium of claim 15, wherein the first DCI comprises a field indicating a transmission timing offset for transmitting the first PUSCH transmission.
18. The non-transitory computer-readable medium of claim 15, wherein the first DCI comprises a one-stage grant.
19. The non-transitory computer-readable medium of claim 15, wherein the first DCI is a first stage of a two-stage grant.
20. The non-transitory computer-readable medium of claim 19, wherein the instructions further cause the base station to transmit a second DCI comprising a trigger for the first DCI.
Allowable Subject Matter
Claims 16-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20240284375 A1 discloses at para. [0220] A PUSCH preparation/processing time may be considered for determining the transmission time of an UL data. The wireless device may perform sending (e.g., transmitting) the PUSCH if the first uplink symbol in the PUSCH allocation for a transport block (including DM-RS) is no earlier than at symbol L2. The symbol L2 may be determined, by a wireless device, at least based on a slot offset (e.g., K2), SLIV of the PUSCH allocation indicated by time domain resource assignment of a scheduling DCI. The symbol L2 may be specified as the next uplink symbol with its CP starting after a time gap with length T.sub.proc,2 after the end of the reception of the last symbol of the PDCCH carrying the DCI scheduling the PUSCH.
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