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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/7/2024 has been entered and considered by the examiner.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,956,762. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of U.S. Patent No. 11,956,762 anticipate claims 1-20 of the instant application. Please see the side-by-side comparison of claim 1 of the instant application and claim 1 of U.S. Patent No. 11,956,762 and the corresponding discussion below.
Claim 1 of the Instant Application
Claim 1 of U.S. Patent No. 11,956,762
1. First network equipment, comprising:
1. First network equipment, comprising:
a processor; and
a processor; and
a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations, the operations comprising:
a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations, comprising:
determining respective port numbers for respective ranks of a first transmission to a user equipment, wherein the determining comprises partitioning respective indices of the respective port numbers between the first network equipment and second network equipment;
determining respective port numbers for respective ranks of a first transmission to a user equipment, wherein the determining comprises partitioning respective indices of the respective port numbers between the first network equipment and second network equipment based on a rank of the respective ranks being determined to be a rank 1 and based on a first network traffic load of the first network equipment and a second network traffic load of the second network equipment;
exchanging, with the second network equipment, information related to a maximum rank and a port number for each rank;
receiving an indication, from the second network equipment, of a first demodulation reference signal associated with a first port number for a rank of a second transmission to the user equipment from the second network equipment;
receiving an indication, from the second network equipment, of a first demodulation reference signal associated with a first port number for a rank of a second transmission to the user equipment from the second network equipment;
facilitating a conveyance of the first transmission to the user equipment, wherein the first transmission comprises a second demodulation reference signal on a second port number, different than the first port number associated with the second transmission, and wherein an exchange of information with the second network equipment comprises determining that the first demodulation reference signal is not scheduled on a first resource element, associated with a first phase tracking reference signal and assigned to the first network equipment and that the second demodulation reference signal is not scheduled on a second resource element, associated with a second phase tracking reference signal different than the first phase tracking reference signal and assigned to the second network equipment, and wherein the first phase tracking reference signal and the second phase tracking reference signal are configured to track respective phase variations across respective durations of the first transmission and the second transmission; and
facilitating a conveyance of the first transmission to the user equipment, wherein the first transmission comprises a second demodulation reference signal on a second port number, different than the first port number associated with the second transmission, and wherein the exchanging comprises determining that the first demodulation reference signal is not scheduled on a first resource element, associated with a first phase tracking reference signal and assigned to the first network equipment and that the second demodulation reference signal is not scheduled on a second resource element, associated with a second phase tracking reference signal different than the first phase tracking reference signal and assigned to the second network equipment, and wherein the first phase tracking reference signal and the second phase tracking reference signal are configured to track respective phase variations across respective durations of the first transmission and the second transmission; and
performing semi-static coordination with transmissions of the second network equipment, wherein the performing comprises sending, to the second network equipment, indications of tracking reference signal (TRS) resource elements assigned to the first network equipment, and a periodicity of the TRS.
performing semi-static coordination with transmissions of the second network equipment, wherein the performing comprises sending, to the second network equipment, indications of tracking reference signal (TRS) resource elements assigned to the first network equipment, and a periodicity of the TRS.
Regarding claims 1, 9, and 17, as can be seen from the side-by-side comparison above, claim 1 of U.S. Patent No. 11,956,762 contains a corresponding identical or narrower limitation that teaches every limitation in claim 1 of the instant application. Claim 1 of U.S. Patent No. 11,956,762 thus anticipates claim 1 of the instant application. The same analysis applies to independent claims 9 and 17 of the instant application in view of the independent claims of U.S. Patent No. 11,956,762. Claims 1, 9, and 17 are thus anticipated by claims 1, 9, and 17 of U.S. Patent No. 11,956,762. Regarding claim 2, the claim is anticipated by claim 2 of U.S. Patent No. 11,956,762. Regarding claim 3, the claim is anticipated by claim 3 of U.S. Patent No. 11,956,762. Regarding claim 4, the claim is anticipated by claim 4 of U.S. Patent No. 11,956,762. Regarding claim 5, the claim is anticipated by claim 5 of U.S. Patent No. 11,956,762. Regarding claim 6, the claim is anticipated by claim 6 of U.S. Patent No. 11,956,762. Regarding claim 7, the claim is anticipated by claim 7 of U.S. Patent No. 11,956,762. Regarding claim 8, the claim is anticipated by claim 8 of U.S. Patent No. 11,956,762. Regarding claim 10, the claim is anticipated by claim 10 of U.S. Patent No. 11,956,762. Regarding claim 11, the claim is anticipated by claim 11 of U.S. Patent No. 11,956,762. Regarding claim 12, the claim is anticipated by claim 12 of U.S. Patent No. 11,956,762. Regarding claim 13, the claim is anticipated by claim 13 of U.S. Patent No. 11,956,762. Regarding claim 14, the claim is anticipated by claim 14 of U.S. Patent No. 11,956,762. Regarding claim 15, the claim is anticipated by claim 15 of U.S. Patent No. 11,956,762. Regarding claim 16, the claim is anticipated by claim 16 of U.S. Patent No. 11,956,762. Regarding claim 18, the claim is anticipated by claim 18 of U.S. Patent No. 11,956,762. Regarding claim 19, the claim is anticipated by claim 19 of U.S. Patent No. 11,956,762. Regarding claim 20, the claim is anticipated by claim 20 of U.S. Patent No. 11,956,762.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC A MYERS whose telephone number is (571)272-0997. The examiner can normally be reached Monday - Friday 10:30am to 7:00pm.
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/ERIC MYERS/Primary Examiner, Art Unit 2474