Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
This office action is in response to the application filed on 02/16/2024.
Claims 1-26 are currently pending.
Claims 1-26 are rejected.
Claims 1, 10 and 19 are independent claims.
Double Patenting
5. 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 claims at issue 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 (WAJCERPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (WAJCERPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (WAJCERPA 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).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
6. Claims 1-26 str rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 8-10, 22-27 and 29-31 of USPN 11,956,796 in view of Sandip Sarkar et al. (US 2009/0046582 A1), hereinafter Sarkar.
Claim 1 of current application
Claim 1 of USPN 11,956,796
Preamble
A computing device comprising:
A computing device comprising:
Limitation 1
one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the computing device to:
one or more processors; and memory storing instructions that, when executed by the one or more processors cause the computing device to:
Limitation 2
receive information indicating beamforming configuration for a first physical downlink control channel of a first transmission point;
determine a symbol number of a starting symbol in time of first radio resources for a first physical downlink control channel of a first transmission point;
Limitation 3
determine, based on the beamforming configuration for the first physical downlink control channel of the first transmission point, radio resources for a second physical downlink control channel of a second transmission point, to manage overlap with the first physical downlink control channel; and
determine, based on the symbol number, second radio resources, for a second physical downlink control channel of a second transmission point, to manage overlap with the first radio resources for the first physical downlink control channel; and
Limitation 4
cause transmission, via the second physical downlink control channel and using the determined radio resources, of control information.
cause transmission, via the second physical downlink control channel and using the determined second radio resources, of control information.
Claim 1 of US 11,956,796 does not explicitly state receive information indicating beamforming configuration for a first physical downlink control channel of a first transmission point.
However, Sarkar explicitly states receive information indicating beamforming configuration for a first physical downlink control channel of a first transmission point (Sarkar, Fig. 8 and paragraphs 62-64.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the claim 1 of US 11,956,796 to have receive information indicating beamforming configuration for a first physical downlink control channel of a first transmission point taught in Sarkar in order to achieve good performance [Sarkar: background].
Claim Rejections - 35 USC § 103
7. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
8. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
9. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
10. Claims 1-4, 6, 8-13, 15, 17-21, 23 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Mo-Han Fong et al. (US 2011/0034175 A1), hereinafter Fong, in view of Sandip Sarkar et al. (US 2009/0046582 A1), hereinafter Sarkar, and Taesang Yoo et al. (US 2011/0235601 A1), hereinafter Yoo.
For claim 1, Fong teaches a computing device (Fong, Fig. 8) comprising:
one or more processors (Fong, Fig. 8 item 810); and memory (Fong, Fig. 8 item 804) storing instructions that, when executed by the one or more processors, cause the computing device to:
receive information indicating configuration for a first physical downlink control channel of a first transmission point (Fong, Fig. 5 and paragraphs 22-24.);
configure a second transmission channel on a cooperating node, where control on the first channel allocates resources on the second channel, and the first and second channels use different transmission resources (Fong, Fig. 5 and paragraphs 22-24.); and
cause transmission, via the second physical downlink control channel and using the determined radio resources, of control information (Fong, Fig. 5 and paragraphs 22-24.).
Sarkar further teaches receiving information indicating beamforming configuration for a first physical downlink control channel of a first transmission point (Sarkar, Fig. 8 and paragraphs 62-64.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong to have receiving information indicating beamforming configuration for a first physical downlink control channel of a first transmission point taught in Sarkar in order to achieve good performance [Sarkar: background].
Yoo further teaches a base station selects PDSCH and guard resource blocks based on the resource usage of a neighboring cell so as to reduce overlap and inter-cell interference (Yoo, Fig. 7A and paragraph 75.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong and Sarkar with a base station selects PDSCH and guard resource blocks based on the resource usage of a neighboring cell so as to reduce overlap and inter-cell interference taught in Yoo to have determining, based on the beamforming configuration for the first physical downlink control channel of the first transmission point, radio resources for a second physical downlink control channel of a second transmission point, to manage overlap with the first physical downlink control channel in order to manage overlap between their control channels according to Yoo’s inter-cell resource-selection principles [Yoo: summary].
For claim 2, Fong, Sarkar and Yoo further teach the computing device of claim 1, wherein the instructions, when executed by the one or more processors, cause the computing device to: cause transmission, via the first physical downlink control channel, of second control information (Fong, Fig. 5 and paragraphs 22-24.).
For claim 3, Fong, Sarkar and Yoo further teach the computing device of claim 1, wherein the first physical downlink control channel is transmitted via a first downlink carrier associated with the first transmission point, and wherein the second physical downlink control channel is transmitted via a second downlink carrier associated with the second transmission point (Fong, Fig. 5 and paragraphs 22-24.).
For claim 4, Fong, Sarkar and Yoo further teach the computing device of claim 1, wherein the first physical downlink control channel occurs in fewer than all time intervals of a frame (Yoo, Fig. 7A and paragraph 75. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong and Sarkar with a base station selects PDSCH and guard resource blocks based on the resource usage of a neighboring cell so as to reduce overlap and inter-cell interference taught in Yoo to have wherein the first physical downlink control channel occurs in fewer than all time intervals of a frame in order to manage overlap between their control channels according to Yoo’s inter-cell resource-selection principles [Yoo: summary].).
For claim 6, Fong, Sarkar and Yoo further teach the computing device of claim 1, wherein the instructions, when executed by the one or more processors, cause the computing device to determine the radio resources by at least one of reducing overlap or avoiding overlap between the first physical downlink control channel and the second physical downlink control channel (Sarkar, Fig. 8 and paragraphs 62-64, 75.).
For claim 8, Fong, Sarkar and Yoo further teach the computing device of claim 1, wherein a first base station comprises the first transmission point, and wherein a second base station comprises the second transmission point (Fong, Fig. 5 itmes 202, 204 and paragraphs 22-24.).
For claim 9, Fong, Sarkar and Yoo further teach the computing device of claim 1, wherein the computing device comprises the first transmission point and the second transmission point (Fong, Fig. 5 item 208 and paragraphs 22-24.).
For claim 10, Fong teaches a method comprising:
receiving, by a computing device, information indicating configuration for a first physical downlink control channel of a first transmission point (Fong, Fig. 5 and paragraphs 22-24.);
configuring a second transmission channel on a cooperating node, where control on the first channel allocates resources on the second channel, and the first and second channels use different transmission resources (Fong, Fig. 5 and paragraphs 22-24.); and
causing transmission, via the second physical downlink control channel and using the determined radio resources, of control information (Fong, Fig. 5 and paragraphs 22-24.).
Sarkar further teaches receiving information indicating beamforming configuration for a first physical downlink control channel of a first transmission point (Sarkar, Fig. 8 and paragraphs 62-64.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong to have receiving information indicating beamforming configuration for a first physical downlink control channel of a first transmission point taught in Sarkar in order to achieve good performance [Sarkar: background].
Yoo further teaches a base station selects PDSCH and guard resource blocks based on the resource usage of a neighboring cell so as to reduce overlap and inter-cell interference (Yoo, Fig. 7A and paragraph 75.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong and Sarkar with a base station selects PDSCH and guard resource blocks based on the resource usage of a neighboring cell so as to reduce overlap and inter-cell interference taught in Yoo to have determining, based on the beamforming configuration for the first physical downlink control channel of the first transmission point, radio resources for a second physical downlink control channel of a second transmission point, to manage overlap with the first physical downlink control channel in order to manage overlap between their control channels according to Yoo’s inter-cell resource-selection principles [Yoo: summary].
For claim 11, Fong, Sarkar and Yoo further teach the method of claim 10, further comprising: causing transmission, via the first physical downlink control channel, of second control information (Fong, Fig. 5 and paragraphs 22-24.).
For claim 12, Fong, Sarkar and Yoo further teach the method of claim 10, wherein the first physical downlink control channel is transmitted via a first downlink carrier associated with the first transmission point, and wherein the second physical downlink control channel is transmitted via a second downlink carrier associated with the second transmission point (Fong, Fig. 5 and paragraphs 22-24.).
For claim 13, Fong, Sarkar and Yoo further teach the method of claim 10, wherein the first physical downlink control channel occurs in fewer than all time intervals of a frame (Yoo, Fig. 7A and paragraph 75. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong and Sarkar with a base station selects PDSCH and guard resource blocks based on the resource usage of a neighboring cell so as to reduce overlap and inter-cell interference taught in Yoo to have wherein the first physical downlink control channel occurs in fewer than all time intervals of a frame in order to manage overlap between their control channels according to Yoo’s inter-cell resource-selection principles [Yoo: summary].).
For claim 15, Fong, Sarkar and Yoo further teach the method of claim 10, wherein the determining the radio resources comprises at least one of reducing overlap or avoiding overlap between the first physical downlink control channel and the second physical downlink control channel (Sarkar, Fig. 8 and paragraphs 62-64, 75.).
For claim 17, Fong, Sarkar and Yoo further teach the method of claim 10, wherein a first base station comprises the first transmission point, and wherein a second base station comprises the second transmission point (Fong, Fig. 5 items 202, 204 and paragraphs 22-24.).
For claim 18, Fong, Sarkar and Yoo further teach the method of claim 10, wherein the computing device comprises the first transmission point and the second transmission point (Fong, Fig. 5 item 208 and paragraphs 22-24.).
For claim 19, Fong teaches one or more non-transitory, computer-readable media (Fong, Fig. 8 item 804) storing instructions that, when executed, cause:
receiving, by a computing device, information indicating configuration for a first physical downlink control channel of a first transmission point (Fong, Fig. 5 and paragraphs 22-24.);
configuring a second transmission channel on a cooperating node, where control on the first channel allocates resources on the second channel, and the first and second channels use different transmission resources (Fong, Fig. 5 and paragraphs 22-24.); and
causing transmission, via the second physical downlink control channel and using the determined radio resources, of control information (Fong, Fig. 5 and paragraphs 22-24.).
Sarkar further teaches receiving information indicating beamforming configuration for a first physical downlink control channel of a first transmission point (Sarkar, Fig. 8 and paragraphs 62-64.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong to have receiving information indicating beamforming configuration for a first physical downlink control channel of a first transmission point taught in Sarkar in order to achieve good performance [Sarkar: background].
Yoo further teaches a base station selects PDSCH and guard resource blocks based on the resource usage of a neighboring cell so as to reduce overlap and inter-cell interference (Yoo, Fig. 7A and paragraph 75.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong and Sarkar with a base station selects PDSCH and guard resource blocks based on the resource usage of a neighboring cell so as to reduce overlap and inter-cell interference taught in Yoo to have determining, based on the beamforming configuration for the first physical downlink control channel of the first transmission point, radio resources for a second physical downlink control channel of a second transmission point, to manage overlap with the first physical downlink control channel in order to manage overlap between their control channels according to Yoo’s inter-cell resource-selection principles [Yoo: summary].
For claim 20, Fong, Sarkar and Yoo further teach the one or more non-transitory, computer-readable media of claim 19, wherein the first physical downlink control channel is transmitted via a first downlink carrier associated with the first transmission point, and wherein the second physical downlink control channel is transmitted via a second downlink carrier associated with the second transmission point (Fong, Fig. 5 and paragraphs 22-24.).
For claim 21, Fong, Sarkar and Yoo further teach the one or more non-transitory, computer-readable media of claim 19, wherein the first physical downlink control channel occurs in fewer than all time intervals of a frame (Yoo, Fig. 7A and paragraph 75. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong and Sarkar with a base station selects PDSCH and guard resource blocks based on the resource usage of a neighboring cell so as to reduce overlap and inter-cell interference taught in Yoo to have wherein the first physical downlink control channel occurs in fewer than all time intervals of a frame in order to manage overlap between their control channels according to Yoo’s inter-cell resource-selection principles [Yoo: summary].).
For claim 23, Fong, Sarkar and Yoo further teach the one or more non-transitory, computer-readable media of claim 19, wherein the instructions, when executed, cause the determining the radio resources by at least one of reducing overlap or avoiding overlap between the first physical downlink control channel and the second physical downlink control channel (Sarkar, Fig. 8 and paragraphs 62-64, 75.).
For claim 25, Fong, Sarkar and Yoo further teach the one or more non-transitory, computer-readable media of claim 19, wherein a first base station comprises the first transmission point, and wherein a second base station comprises the second transmission point (Fong, Fig. 5 items 202, 204 and paragraphs 22-24.).
For claim 26, Fong, Sarkar and Yoo further teach the one or more non-transitory, computer-readable media of claim 19, wherein the computing device comprises the first transmission point and the second transmission point (Fong, Fig. 5 item 208 and paragraphs 22-24.).
11. Claims 5, 14 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Mo-Han Fong et al. (US 2011/0034175 A1), hereinafter Fong, in view of Sandip Sarkar et al. (US 2009/0046582 A1), hereinafter Sarkar, and Taesang Yoo et al. (US 2011/0235601 A1), hereinafter Yoo and Wanshi Chen et al. (US 2013/0114529 A1 based on provisional application No. 61/556,144 filed on Nov. 4, 2011), hereinafter Chen.
For claim 5, Fong, Sarkar and Yoo teach all the limitations of parent claim 1. Fong, Sarkar and Yoo do not explicitly teach the second physical downlink control channel is an enhanced physical downlink control channel (ePDCCH).
However, Chen explicitly teaches the second physical downlink control channel is an enhanced physical downlink control channel (ePDCCH) (Chen, Figs. 7-8 and paragraphs 91-93.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong, Sarkar and Yoo with the second physical downlink control channel is an enhanced physical downlink control channel (ePDCCH) taught in Chen. Because all Fong, Sarkar, Yoo and Chen teach PDCCH, Chen explicitly teach ePDCCH for secondary cell.
For claim 14, Fong, Sarkar and Yoo teach all the limitations of parent claim 10. Fong, Sarkar and Yoo do not explicitly teach the second physical downlink control channel is an enhanced physical downlink control channel (ePDCCH).
However, Chen explicitly teaches the second physical downlink control channel is an enhanced physical downlink control channel (ePDCCH) (Chen, Figs. 7-8 and paragraphs 91-93.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong, Sarkar and Yoo with the second physical downlink control channel is an enhanced physical downlink control channel (ePDCCH) taught in Chen. Because all Fong, Sarkar, Yoo and Chen teach PDCCH, Chen explicitly teach ePDCCH for secondary cell.
For claim 22, Fong, Sarkar and Yoo teach all the limitations of parent claim 19. Fong, Sarkar and Yoo do not explicitly teach the second physical downlink control channel is an enhanced physical downlink control channel (ePDCCH).
However, Chen explicitly teaches the second physical downlink control channel is an enhanced physical downlink control channel (ePDCCH) (Chen, Figs. 7-8 and paragraphs 91-93.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong, Sarkar and Yoo with the second physical downlink control channel is an enhanced physical downlink control channel (ePDCCH) taught in Chen. Because all Fong, Sarkar, Yoo and Chen teach PDCCH, Chen explicitly teach ePDCCH for secondary cell.
12. Claims 7, 16 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Mo-Han Fong et al. (US 2011/0034175 A1), hereinafter Fong, in view of Sandip Sarkar et al. (US 2009/0046582 A1), hereinafter Sarkar, and Taesang Yoo et al. (US 2011/0235601 A1), hereinafter Yoo and Yufei Wu Blankenship et al. (US 2013/0039291 A1 based on provisional application No. 61/523,118 filed on Aug. 12, 2011), hereinafter Blankenship.
For claim 7, Fong, Sarkar and Yoo teach all the limitations of parent claim 1. Fong, Sarkar and Yoo do not explicitly teach to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel.
However, Blankenship explicitly teaches to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel (Blankenship, paragraphs 94, 97.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong, Sarkar and Yoo with to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel taught in Blankenship. Because all Fong, Sarkar, Yoo and Chen teach PDCCH, Blankenship explicitly teach to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel.
For claim 16, Fong, Sarkar and Yoo teach all the limitations of parent claim 10. Fong, Sarkar and Yoo do not explicitly teach to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel.
However, Blankenship explicitly teaches to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel (Blankenship, paragraphs 94, 97.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong, Sarkar and Yoo with to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel taught in Blankenship. Because all Fong, Sarkar, Yoo and Chen teach PDCCH, Blankenship explicitly teach to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel.
For claim 24, Fong, Sarkar and Yoo teach all the limitations of parent claim 19. Fong, Sarkar and Yoo do not explicitly teach to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel.
However, Blankenship explicitly teaches to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel (Blankenship, paragraphs 94, 97.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught in Fong, Sarkar and Yoo with to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel taught in Blankenship. Because all Fong, Sarkar, Yoo and Chen teach PDCCH, Blankenship explicitly teach to determine the radio resources further based on a bitmap indicating radio resources for the first physical downlink control channel.
Conclusion
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILL W LIN whose telephone number is (571)272-8749. The examiner can normally be reached M-F 8:00-5:00.
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/WILL W LIN/ Primary Examiner, Art Unit 2412
Prosecution Insights