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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yamamoto et al. (US 2024/0188053 A1 with foreign priority date of 04-06-2021) .
The applied reference has a common inventors with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Yamamoto teaches TBoMS transmission where the plurality of slots include slots that are not available for the PUSCH data since the UCI of the PUCCH is multiplexed into particular slots (Figures 7, 8B, 9A-9B and 10) .
With respect to the claims, references to the prior art appear in parenthesis.
Claims
1. (Currently Amended) A communication apparatus (Yamamoto, US 2024/0188053 A1) , comprising:
control circuitry, which, in operation, varies a configuration for transmission of a signal between a case in which a plurality of sections in a time-domain resource allocated for the transmission of the signal includes a section of a first type and a case in which the plurality of sections does not include a section of the first type, the second first type of section having a less available resource amount than a second type of section (Figures 8B, 9A and 9B with varying slots/sections associated with uplink data multiplexed with UCI Information and slots with no UCI ) ; and
transmission circuitry, which, in operation, performs the transmission of the signal based on the configuration (Step S17 Transmit UCI and uplink data by multiplexing on PUSCH in Figure 7) .
2. (Currently Amended) The communication apparatus according to claim 1, wherein: the configuration includes a configuration for a reading position of encoded data of the signal, and the control circuitry makes, different from each other, a plurality of the reading positions respectively for the plurality of sections in a case where a start section in the time-domain resource is a section of the first type and the plurality of reading positions respectively for the plurality of sections in a case where the start section in the time-domain resource is not a section of the first type (Step S16 Map uplink data to PUSCH resource by <RM-Approach 1> or <RM-Approach 2> in Figure 7 provides reading positions of the encoded data of the uplink data) .
3. (Original) The communication apparatus according to claim 2, wherein the control circuitry determines the plurality of reading positions respectively for the plurality of sections, based on a value of a field related to the reading position and included in downlink control information (DCI provides Information on timing of how many slots later PUCCH is transmitted in paragraph 0055) .
4. (Original) The communication apparatus according to claim 2, wherein the control circuitry determines the plurality of reading positions respectively for the plurality of sections, based on a parameter related to the reading position and included in higher layer signaling (Parameters for the TBoMS transmission is provided by higher layer RRC signaling in paragraphs 0136, 0245, 0248-250, 0256-0258 and 0295) .
5. (Currently Amended) The communication apparatus according to claim 2, wherein, in a case where the start section is a section of the first type, the control circuitry determines the reading position for a section next to the start section, as a reading position corresponding to an information bit of the encoded data (Step S16 Map uplink data to PUSCH resource by <RM-Approach 1> or <RM-Approach 2> in Figure 7 provides reading positions of the encoded data of the uplink data) .
6. (Currently Amended) The communication apparatus according to claim 2, wherein a combination of the plurality of reading positions applied respectively to the plurality of sections when the start section is a section of the first type is a combination resulting from varying an order of the plurality of reading positions applied respectively to the plurality of sections when the start section is not a section of the first type (Step S16 Map uplink data to PUSCH resource in Figure 7 provides the reading positions where the section with the first type of less available resources (i.e. UCI multiplexed with uplink data) can be varied in sequential order in Figures 8B, 9A and 9B) .
7. (Currently Amended) The communication apparatus according to claim 1, wherein, in a case where a start section is a section of the first type in the plurality of sections, the control circuitry applies the configuration in a unit including the start section and a section next to the start section (Sections with the less available resources can be adjacent in Figure 8A) .
8. (Currently Amended) The communication apparatus according to claim 1, wherein the control circuitry varies the configuration depending on the presence or absence of a section of the first type in the time-domain resource, in a case where a number of the plurality of sections is equal to or less than a threshold (Configurations (i.e. methods) for TBoMS are varied based on the threshold number of slots in paragraphs 0429-0430) .
9. (Original) The communication apparatus according to claim 1, wherein the configuration includes at least one of a configuration for a transport block size for the signal, a configuration for a reading position of encoded data of the signal, and/or a configuration for rate matching (Code block size (TBS) in paragraph 0089, Mapping in Figure 7, and Rate Matching Methods for PUSCH Transmission (TBoMS) Using Multiple Slots starting on paragraph 0156) .
10. (Currently Amended) The communication apparatus according to claim 1, wherein a section of the first type is a slot in which a resource amount available for the transmission of the signal is less than an allocated resource amount (TBoMS PUSCH transmission in Figure 8B, where slot #1 has less resource amount for the uplink data since it includes UCI) .
11. (Currently Amended) The communication apparatus according to claim 1, wherein a section of the first type is a slot in which a resource amount available for the transmission of the signal is less than a resource amount used for transmission of an information bit of encoded data (TBoMS PUSCH transmission in Figure 8B, where slot #1 has less resource amount for the uplink data since it includes UCI) .
12. (Currently Amended) A communication apparatus (Yamamoto, US 2024/0188053 A1) , comprising:
control circuitry, which, in operation, varies a configuration for transmission of a signal between a case in which a plurality of sections in a time-domain resource allocated for the transmission of the signal includes a section of a first type and a case in which the plurality of sections does not include the section of the first type, the second first type of section having a less available resource amount than a second type of section (Figures 8B, 9A and 9B with varying slots/sections associated with uplink data multiplexed with UCI Information and slots with no UCI ) ; and
reception circuitry, which, in operation, performs reception of the signal based on the configuration (Step S17 Transmit UCI and uplink data by multiplexing on PUSCH in Figure 7) .
13. (Currently Amended) A communication method (Yamamoto, US 2024/0188053 A1), comprising:
varying, by a communication apparatus, a configuration for transmission of a signal between a case in which a plurality of sections in a time-domain resource allocated for the transmission of the signal includes a section of a first type and a case in which the plurality of sections does not include a section of the first type, the first type of section having a less available resource amount than a second type of section (Figures 8B, 9A and 9B with varying slots/sections associated with uplink data multiplexed with UCI Information and slots with no UCI ) ; and
performing, by the communication apparatus, the transmission of the signal based on the configuration (Step S17 Transmit UCI and uplink data by multiplexing on PUSCH in Figure 7) .
14. (Currently Amended) A communication method (Yamamoto, US 2024/0188053 A1), comprising:
varying, by a communication apparatus, a configuration for transmission of a signal between a case in which a plurality of sections in a time-domain resource allocated for the transmission of the signal includes a section of a first type and a case in which the plurality of sections does not include a section of the first type, the second first type of section having a less available resource amount than a second type of section (Figures 8B, 9A and 9B with varying slots/sections associated with uplink data multiplexed with UCI Information and slots with no UCI ) ; and
performing, by the communication apparatus, reception of the signal based on the configuration (Step S17 Transmit UCI and uplink data by multiplexing on PUSCH in Figure 7) .
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, 12, 13 and 14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 13 of copending Application No. 18/553708 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim is either anticipated by the reference claim(s). For example, instant application claim 1 is mapped to co-pending application claim 1 below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application
Co-pending 18/553708
1. (Currently Amended) A communication apparatus, comprising:
control circuitry, which, in operation, varies a configuration for transmission of a signal between a case in which a plurality of sections in a time-domain resource allocated for the transmission of the signal includes a section of a first type and a case in which the plurality of sections does not include a section of the first type, the first type of section having a less available resource amount than a second type of section; and
transmission circuitry, which, in operation, performs the transmission of the signal based on the configuration.
1. (Currently Amended) A communication apparatus, comprising:
control circuitry, which, in operation, in a case where a transmission resource for an uplink control channel overlaps in time with a transmission resource for an uplink shared channel using multiple slots, determines a second resource amount used for transmission of uplink control information, based on a code block size per slot of the uplink shared channel and a first resource amount of the uplink shared channel, wherein a single transport block (TB) is transmitted over the multiple slots; and
transmission circuitry, which, in operation, transmits the uplink control information in a resource of the determined second resource amount multiplexed on the uplink shared channel.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELVIN C MARCELO whose telephone number is (571)272-3125. The examiner can normally be reached M-F 9:30-6:00.
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MELVIN C. MARCELO
Primary Examiner
Art Unit 2463
/MELVIN C MARCELO/Primary Examiner, Art Unit 2463 June 28, 2026
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