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, 2, 4, 7, 12, 13, 15 and 18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5, 6, 15, 16, 19 and 20 of copending Application No. 18/483160 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, the reference application recites a method of wireless communication (Claim 1, A method of wireless communication), comprising:
receiving, by a wireless device, from a network device, a first parameter indicated by a first signaling message (Claim 1, receiving, by a wireless communication device, from a network device, a first parameter indicated by a first signaling message);
determining, by the wireless device, a mapping relationship between a plurality of transmission configuration states and a plurality of sets of group information according to the first parameter (Claim 1, determining, by the wireless device, a mapping relationship between the plurality of transmission configuration states and a plurality of group information sets according to the first parameter);
receiving, by the wireless device, an indication of whether the transmission configuration states are activated according to at least one first signaling message (Claim 5, wherein the first group of transmission configuration and the second group of transmission configuration are activated by the first signaling message);
receiving, by the wireless device, an indication of the plurality of transmission configuration states according to a second signaling message (Claim 1, receiving, by the wireless device, from a network device, an indication of the plurality of transmission configuration states according to a second signaling message); and
applying, by the wireless device, the plurality of transmission configuration states to a transmission (Claim 1, applying, by the wireless device, the plurality of transmission configuration states to a transmission).
Regarding claim 2, the reference application recites wherein the first parameter includes a first index that indicates the mapping relationship between the plurality of transmission configuration states and the plurality of sets of group information (Claim 2, wherein the first parameter further comprising a first index that indicates the mapping relationship between the plurality of transmission configuration states and the plurality of group information sets).
Regarding claim 4, the reference application recites wherein the one or more transmission configuration indicator codepoints includes a transmission configuration indicator codepoint for joint indication that includes one or more transmission configuration indicator states (Claim 5, wherein one codepoint comprises a first group of transmission configuration states and a second group of transmission configuration states; Claim 6, joint TCI state).
Regarding claim 7, the reference application recites wherein one or more transmission configuration indicator codepoints includes a transmission configuration indicator codepoint for separate indication that includes at least one transmission configuration indicator state (Claim 5, wherein one codepoint comprises a first group of transmission configuration states and a second group of transmission configuration states; Claim 6, separate TCI state pair).
Regarding claim 12, the reference application recites an apparatus for wireless communication comprising a processor that is configured to carry out a method comprising (Claim 15, An apparatus for wireless communication comprising a processor configured to implement a method comprising):
receiving, by a wireless device, from a network device, a first parameter indicated by a first signaling message (Claim 15, receiving, by a wireless communication device, from a network device, a first parameter indicated by a first signaling message);
determining, by the wireless device, a mapping relationship between a plurality of transmission configuration states and a plurality of sets of group information according to the first parameter (Claim 15, determining, by the wireless device, a mapping relationship between the plurality of transmission configuration states and a plurality of group information sets according to the first parameter);
receiving, by the wireless device, an indication of whether the transmission configuration states are activated according to at least one first signaling message (Claim 19, wherein the first group of transmission configuration and the second group of transmission configuration are activated by the first signaling message);
receiving, by the wireless device, an indication of the plurality of transmission configuration states according to a second signaling message (Claim 15, receiving, by the wireless device, from a network device, an indication of the plurality of transmission configuration states according to a second signaling message); and
applying, by the wireless device, the plurality of transmission configuration states to a transmission (Claim 15, applying, by the wireless device, the plurality of transmission configuration states to a transmission; wherein the plurality of transmission configuration states include transmission configuration indicator (TCI) states).
Regarding claim 13, the reference application recites wherein the first parameter includes a first index that indicates the mapping relationship between the plurality of transmission configuration states and the plurality of sets of group information (Claim 16, wherein the first parameter further comprising a first index that indicates the mapping relationship between the plurality of transmission configuration states and the plurality of group information sets).
Regarding claim 15, the reference application recites wherein the one or more transmission configuration indicator codepoints includes a transmission configuration indicator codepoint for joint indication that includes one or more transmission configuration indicator states (Claim 19, wherein one codepoint comprises a first group of transmission configuration states and a second group of transmission configuration states; Claim 20, joint TCI state).
Regarding claim 18, the reference application recites wherein one or more transmission configuration indicator codepoints includes a transmission configuration indicator codepoint for separate indication that includes at least one transmission configuration indicator state (Claim 19, wherein one codepoint comprises a first group of transmission configuration states and a second group of transmission configuration states; Claim 20, separate TCI state pair).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim(s) 1-4, 8, 9, 11-15, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US 2022/0061069).
Regarding claim 1, Yang discloses A method of wireless communication, comprising:
receiving, by a wireless device, from a network device, a first parameter indicated by a first signaling message (Paragraphs 32 and 127, a reserved bit [first parameter] of the MAC CE command [first signaling message] is used to indicate the mapping relationship between the first objects and the codepoints of the transmission configuration indicator fields TCI field in the downlink control information (DCI), the MAC CE command received by the terminal from the network device);
determining, by the wireless device, a mapping relationship between a plurality of transmission configuration states and a plurality of sets of group information according to the first parameter (Paragraph 128, when M is greater than 0, the MAC CE command includes a first MAC CE command, and the first MAC CE command is used to…indicate that the TCI states in the M TCI state groups correspond to M codepoints of the TCI field in the DCI);
receiving, by the wireless device, an indication of whether the transmission configuration states are activated according to at least one first signaling message (Paragraph 128, the MAC CE command includes a first MAC CE command, and the first MAC CE command is used to instruct to activate the TCI states in the M TCI state groups; Paragraph 129, the first MAC CE command includes a first bit field, and the first bit field is used to instruct to activate the TCI states in the M TCI state groups);
receiving, by the wireless device, an indication of the plurality of transmission configuration states according to a second signaling message (Paragraph 32, MAC CE command is used to indicate the mapping relationship between the first objects and the codepoints of the transmission configuration indicator fields TCI field in the downlink control information (DCI) [second signaling message]; Paragraph 140, when M is less than N, the MAC CE command further includes a second MAC CE command, and the second MAC CE command is used to instruct to activate the N−M TCI states and indicate that the N−M TCI states correspond to N−M codepoints of the TCI field in the DCI); and
applying, by the wireless device, the plurality of transmission configuration states to a transmission (Paragraph 161, terminal transmits uplink data to a base station).
Regarding claim 2, Yang discloses wherein the first parameter includes a first index that indicates the mapping relationship between the plurality of transmission configuration states and the plurality of sets of group information (Paragraph 127, a reserved bit [first parameter] of the MAC CE command [first signaling message] is used to indicate the mapping relationship between the first objects and the codepoints of the transmission configuration indicator fields TCI field in the downlink control information (DCI)).
Regarding claim 3, Yang discloses wherein the at least one first signaling message includes a single MAC control element configured to activate one or more transmission configuration indicator codepoints (Paragraph 127, a reserved bit [first parameter] of the MAC CE command [first signaling message] is used to indicate the mapping relationship between the first objects and the codepoints of the transmission configuration indicator fields TCI field in the downlink control information (DCI)).
Regarding claim 4, Yang discloses wherein the one or more transmission configuration indicator codepoints includes a transmission configuration indicator codepoint for joint indication that includes one or more transmission configuration indicator states (Paragraph 128, TCI states in M TCI state groups corresponding to M codepoints).
Regarding claim 8, Yang discloses wherein each transmission configuration indicator state is applicable to a downlink or uplink transmission (Paragraph 79, the TCI state may be used to determine beam information of a downlink channel such as PDSCH or a downlink reference signal).
Regarding claim 9, Yang discloses wherein the single MAC control element further indicates a plurality of flags to indicate an association between a plurality of sets of group information and a plurality of transmission configuration indicator states (Paragraph 127, a reserved bit of the MAC CE command is used to indicate the mapping relationship between the first objects and the codepoints of the transmission configuration indicator fields TCI field in the downlink control information (DCI); Paragraph 128, when M is greater than 0, the MAC CE command includes a first MAC CE command [flag], and the first MAC CE command is used to instruct to activate the TCI states in the M TCI state groups and indicate that the TCI states in the M TCI state groups correspond to M codepoints of the TCI field in the DCI; Paragraph 140, when M is less than N, the MAC CE command further includes a second MAC CE command [flag], and the second MAC CE command is used to instruct to activate the N−M TCI states and indicate that the N−M TCI states correspond to N−M codepoints of the TCI field in the DCI).
Regarding claim 11, Yang discloses wherein the second signaling message includes a downlink control information (DCI) signaling that includes a plurality of fields corresponding to a plurality of sets of group information to indicate a plurality of transmission configuration indicator state codepoints (Paragraph 32, the transmission configuration indicator fields TCI field in the downlink control information (DCI) [second signaling message]; Paragraph 39, thereby implementing that each codepoint of the TCI field in the DCI corresponds to one or more TCI states; Paragraph 40, TCI states in the M TCI state groups and indicate that the TCI states in the M TCI state groups correspond to M codepoints of the TCI field in the DCI).
Regarding claim 12-15, 19 and 20, the functional limitations are rejected for similar reasons set forth in rejecting claims 1-4, 8 and 11 above. Yang additionally discloses an apparatus (Figure 5, terminal 500) for wireless communication comprising a processor (Figure 5, processor 510) that is configured to carry out the method receiving, determining, receiving, receiving, and applying (See rejection of claim 1)
Claim Rejections - 35 USC § 103
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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 5-7, 10 and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang as applied to claims 3, 4, 8, 14 and 15 above, and further in view of Kang et al. (US 2021/0352706).
Regarding claims 5 and 16, Yang discloses the claimed invention above but does not specifically disclose the following limitations that are disclosed by Kang et al.: wherein each transmission configuration indicator state is applicable to both downlink and uplink transmissions (Kang et al., Paragraph 515, The present disclosure has been described based on a downlink shared channel (PDSCH), but may also be applied to an uplink channel (e.g., a PUSCH, a PUCCH, or a PRACH) in addition to a physical downlink control channel (PDCCH); Abstract, receiving the plurality of PDSCHs on the basis of the number K of TCI states).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang with the cited disclosure from Kang et al. in order to implement a communication system having high reliability and low latency (Kang et al., Paragraph 26).
Regarding claims 6 and 17, Yang discloses wherein the single MAC control element further indicates a plurality of flags to indicate an association between a plurality of sets of group information and a plurality of transmission configuration indicator states (Paragraph 127, a reserved bit of the MAC CE command is used to indicate the mapping relationship between the first objects and the codepoints of the transmission configuration indicator fields TCI field in the downlink control information (DCI); Paragraph 128, when M is greater than 0, the MAC CE command includes a first MAC CE command [flag], and the first MAC CE command is used to instruct to activate the TCI states in the M TCI state groups and indicate that the TCI states in the M TCI state groups correspond to M codepoints of the TCI field in the DCI; Paragraph 140, when M is less than N, the MAC CE command further includes a second MAC CE command [flag], and the second MAC CE command is used to instruct to activate the N−M TCI states and indicate that the N−M TCI states correspond to N−M codepoints of the TCI field in the DCI).
Regarding claims 7 and 18, Yang discloses the claimed invention above but do not specifically disclose the following limitations that are disclosed by Kang et al.: wherein one or more transmission configuration indicator codepoints includes a transmission configuration indicator codepoint for separate indication that includes at least one transmission configuration indicator state (Kang et al., Paragraph 533, separately indicate and/or configure a QCL reference RS(s) to be applied by the UE for each TU group; Paragraph 540, the base station may separately indicate and/or configure a TCI state indicative of a QCL reference RS to be applied for each TU group through radio resource control (RRC), a medium access control (MAC)-control element (CE) and/or downlink control information (DCI); Paragraph 581, QCL reference RS #4 for the 3rd and 4th layers of the PDSCH transmitted and/or received in the second TU may be separately configured and/or indicated).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang with the cited disclosure from Kang et al. in order to implement multi-TCI state indication (Kang et al., Paragraph 539) in order to further implement a communication system having high reliability and low latency (Kang et al., Paragraph 26).
Regarding claim 10, Yang discloses the claimed invention above but does not specifically disclose the following limitations that are disclosed by Kang et al.: wherein the single MAC control element further indicates a plurality of flags to indicate an association between a plurality of downlink or uplink transmissions and a plurality of transmission configuration indicator states (Kang et al., Paragraph 559, The UE for which K TCI states for a corresponding PDSCH has been indicated through RRC, a MAC-CE and/or DCI; Paragraph 545, the base station may group the TCI states included in the list through a MAC CE by K TCI states with respect to the UE. In this case, the grouping number K may be configured and/or determined as the number of TRPs participating in the repetition of a PDSCH. Next, the base station may indicate, in the UE, the ID of a specific group of TCI state groups through DCI. The UE may use K TCI states, included in a corresponding specific group, to receive K TU groups (or TUs)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Yang with the cited disclosure from Kang et al. in order to implement multi-TCI state indication (Kang et al., Paragraph 539) in order to further implement a communication system having high reliability and low latency (Kang et al., Paragraph 26).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OTIS L THOMPSON, JR whose telephone number is (571)270-1953. The examiner can normally be reached Monday - Friday, 6:30am - 7:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag G. Shah can be reached at (571)272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OTIS L THOMPSON, JR/Primary Examiner, Art Unit 2477
November 18, 2025