DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
This Office Action is response to the remark filed on 06/08/26.
Claims 1-30 have been canceled.
Claims 31-60 are pending.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 31 and 56-57 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable claim 1 of Co-Pending Application 18/571374. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the Co-Pending Application 18/571374 with obvious wording variations.
Instant Application
Co-Pending Application 18/571374
31. (Currently Amended) A method of wireless communication performed by a user equipment (UE), the method comprising:
receiving, from a base station (BS), a multi-transport block (TB) repetition configuration;
receiving, from the BS, downlink control information (DCI) indicating a time-domain configuration for a first TB, a second TB, a third TB, and a fourth TB, wherein the first TB2 the second TB, the third TB, and the fourth TB are associated with a same scheduling grant;
communicating, with the BS based on the multi-TB repetition configuration and the time- domain configuration; a first number of repetitions of the first TB2; a second number of repetitions of the second TB2 a third number of repetitions of the third TB, and a fourth number of repetitions of the fourth TB, wherein a single respective repetition of each of the first TB, the second TB, the third TB, and the fourth TB are cyclically transmitted until a respective number of repetitions for each TB is completed, and wherein the third number of repetitions and the fourth number of repetitions are transmitted in a same slot based on their respective number of repetitions being equal.
1. (Currently Amended) A method of wireless communication performed by a user equipment (UE), the method comprising: receiving, from a base station (BS), a multi-transport block (TB) repetition configuration indicating a first number of repetitions and a second number of repetitions;
receiving, from the BS, downlink control information (DCI) indicating a beam pattern including a plurality of beam directions, wherein the beam pattern includes a first preconfigured beam sequence associated with a first TB and a second preconfigured beam sequence associated with a second TB; mapping the first preconfigured beam sequence to the first number of repetitions of the first TB in a multi-TB repetition sequence including the first number of repetitions and the second number of repetitions; mapping the second preconfigured beam sequence to the second number of repetitions of the second TB in the multi-TB repetition sequence; and
communicating, with the BS based on the multi-TB repetition configuration and the beam pattern, the first TB and the second TB associated with a same scheduling grant, wherein the communicating the first TB and the second TB includes: communicating the first number of repetitions for the first TB; and communicating the second number of repetitions for the second TB.
Claims 56-57 of the instant application have features which are similar to claim 1 of Co-Pending Application 18/571374. Therefore, the claims can be compared as above.
Allowable Subject Matter
Claims 31-60 are allowed.
The following is an examiner’s statement of reasons for allowed:
For claims 31 and 56-57, Genean et al. (U.S. 20240129936) disclose the UE may perform all the consecutive repetition within the same resource pool; Cui et al. (U.S. 20240023076) disclose a terminal device determines a first time-domain resource set used for repetitions of first data, based on first indication information received from a network device; Nishio et al. (U.S. 20230388982) disclose a control circuit that determines data size on the basis of information relating to the number of repetitions of a transmission signal, and/or to a scheduling coefficient of the unit data size of the repetition, and a transmission circuit that transmits a transmission signal on the basis of the data size; and Yoshioka et al. (U.S. 20220361201) disclose a plurality of PUSCHs including the same TB, and repetition of TBs over a plurality of slots or over a plurality of sub-slots or over a plurality of mini-slots. However, none of the prior art, taken in combination or alone, disclose a single respective repetition of each of the first TB, the second TB, the third TB, and the fourth TB are cyclically transmitted until a respective number of repetitions for each TB is completed, and wherein the third number of repetitions and the fourth number of repetitions are transmitted in a same slot based on their respective number of repetitions being equal.
For claims 32-55 and 58-60, the claims are dependent on claims 31 and 57; therefore, the claims are also allowed. However, claims 31-60 are subject to a non-statutory double patenting rejection; therefore, it is unallowable without a terminal disclaimer.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAI PHUONG whose telephone number is 571-272-7896. The examiner can normally be reached on Monday-Friday, 8am-5pm.
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, Kathy Wang-Hurst can be reached on 571-270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-7687.
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/DAI PHUONG/Primary Examiner, Art Unit 2644
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