DETAILED ACTION
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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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,963, 191.
Instant Claim
Patented Claim
1. A first node for wireless communications, comprising: a first receiver, which receives a first DCI group, the first DCI group comprising at least one DCI; and
a first transmitter, which transmits a first signal, the first signal carrying a first HARQ-ACK bit sequence;
wherein for any DCI in the first DCI group, a first field comprised is used for indicating an accumulative number
of {reference cell, PDCCH monitoring occasion}-pair(s) being associated with first-type DCI(s) up to a current
reference cell and a current PDCCH monitoring occasion according to a first ordering rule; the first ordering
rule is a rule of ordering based on at least cell indexes of reference cells and PDCCH monitoring occasion
indexes, any of the first-type DCI(s) being used for indicating a PDSCH reception or an SPS PDSCH release; a
reference cell scheduled by a first-type DCI is a cell having a minimum cell index among cells scheduled by the
first-type DCI, the current reference cell is a cell having a minimum cell index among cells scheduled by the any
DCI in the first DCI group, time-domain resources occupied by the any DCI in the first DCI group belong to the
current PDCCH monitoring occasion, and at least one DCI in the first DCI group schedules more than one cell.
1. (Currently Amended) A first node for wireless communications, comprising:
a first receiver, which receives a first DCI group, the first DCI group comprising at least one DCI; and
a first transmitter, which transmits a first signal, the first signal carrying a first HARQ-ACK bit sequence; wherein:
for any DCI in the first DCI group, a first field comprised is used for indicating an accumulative number of cell(s) scheduled by first type DCI(s) in a first resource pool up to a current reference cell and a current time intervalan accumulative number of {reference cell, time interval}-pair(s) being associated with first-type DCI(s) up to a current reference cell and a current time interval according to a first ordering rule;
the first ordering rule is a rule of ordering based on at least cell indexes of reference cells and time interval indexes, any of the first-type DCI(s) being used for indicating a PDSCH reception or an SPS PDSCH release;
a reference cell scheduled by a first-type DCI is a cell having a default cell index among cells scheduled by the first-type DCI,-,
the current reference cell is a cell having a default cell index among cells(s) scheduled by the any DCI in the first DCI group,-
time-domain resources occupied by the any DCI in the first DCI group belong to the current time interval, and at least one DCI in the first DCI group schedules more than one cell.
.
Although the claims at issue are not identical, they are not patentably distinct from each other because patented claim 1 utilizes time intervals and a default cell index, whereas the instant claims recite PDCCH monitoring occasions and a minimum cell index. These structural and functional distinctions differentiate the claimed accumulative counting mechanism and reference cell determination. The same inventive concept of ordering HARQ-ACK feedback based on accumulated reference ell PDCCH monitoring occasion pairs using a minimum cell index rule is claimed.
The relied upon rule is different and it would have been obvious to change parameters to come up with desired results for each monitoring event.
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 11,963, 191.
Instant Claim
Patented claim
5. The first node according to claim 1, wherein the first HARQ-ACK bit sequence comprises HARQ-ACK bit
block(s) associated with at least one DCI in the first DCI group
5. (Original) The first node according to claim 1, wherein the first HARQ-ACK bit sequence comprises a HARQ-ACK bit block associated with any DCI in the first DCI group; and a position of the HARQ-ACK bit block associated with the any DCI in the first DCI group in
the first HARQ-ACK bit sequence is determined based on the first field comprised in the
any DCI in the first DCI group.
Although the claims at issue are not identical, they are not patentably distinct from each other because patented claim 5 incorporates all elements of claim 5. The only difference is that the Patented claim further includes position of the HARQ and DCI being based on the first field in the DCI group.
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 11,963, 191.
Instant Claim
Patented Claim
6. The first node according to claim 1, wherein the first HARQ-ACK bit sequence comprises a HARQ-ACK bit block associated with any DCI in the first DCI group; and a position of the HARQ-ACK bit block associated with the any DCI in the first DCI group in the first HARQ-ACK
5. (Original) The first node according to claim 1, wherein the first HARQ-ACK bit sequence comprises a HARQ-ACK bit block associated with any DCI in the first DCI group; and a
position of the HARQ-ACK bit block associated with the any DCI in the first DCI group in
the first HARQ-ACK bit sequence is determined based on the first field comprised in the
any DCI in the first DCI group.
Although the claims at issue are not identical, they are not patentably distinct from each other because Patented claim 5 includes all features of instant claim 6. The difference is that it has added features to determine the first HARQ-ACK bit based on the first field comprised in the any DCI in the first DCI group.
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 11,963, 191.
Instant Claim
Patented Claims
8. A second node for wireless communications, comprising:
a second transmitter, which transmits a first DCI group, the first DCI group comprising at least one DCI; and a second receiver, which receives a first signal, the first signal carrying a first HARQ-ACK bit sequence; wherein for any DCI in the first DCI group, a first field comprised is used for indicating an accumulative number of {reference cell, PDCCH monitoring occasion}-pair(s) being associated with first-type DCI(s) up to a current reference cell and a current PDCCH monitoring occasion according to a first ordering rule; the first ordering rule is a rule of ordering based on at least cell indexes of reference cells and PDCCH monitoring occasion indexes, any of the first-type DCI(s) being used for indicating a PDSCH reception or an SPS PDSCH release; a reference cell scheduled by a first-type DCI is a cell having a minimum cell index among cells scheduled by the first-type DCI, the current reference cell is a cell having a minimum cell index among cells scheduled by the any DCI in the first DCI group, time-domain resources occupied by the any DCI in the first DCI group belong to the current PDCCH monitoring occasion, and at least one DCI in the first DCI group schedules more than one cell.
8. (Currently Amended) A second node for wireless communications, comprising:
a second transmitter, which transmits a first DCI group, the first DCI group comprising at least one DCI; and
a second receiver, which receives a first signal, the first signal carrying a first HARQ-ACK bit sequence;
wherein for any DCI in the first DCI group, a first field comprised is used for indicating an accumulative number of cell(s) scheduled by first type DCI(s) in a first resource pool up to a current reference cell and a current time interval an accumulative number of {reference cell, time interval}-pair(s) being associated with first-type DCI(s) up to a current reference cell and a current time interval according to a first ordering rule; the first ordering rule is a rule of ordering based on at least cell indexes of reference cells and time interval indexes, any of the first-type DCI(s) being used for indicating a PDSCH reception or an SPS PDSCH release; a reference cell scheduled by a first-type DCI is a cell having a default cell index among cells scheduled by the first-type DCI, the current reference cell is a cell having a default cell index among cells(s) scheduled by the any DCI in the first DCI group, time-domain resources occupied by the any DCI in the first DCI group belong to the current time interval, and at least one DCI in the first DCI group schedules more than one cell.
Although the claims at issue are not identical, they are not patentably distinct from each other because patented claim 8 utilizes time intervals and a default cell index, whereas the instant claims recite PDCCH monitoring occasions and a minimum cell index. These structural and functional distinctions differentiate the claimed accumulative counting mechanism and reference cell determination.
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 11,963, 191.
Instant Claim
Patented Claim
12. The second node according to claim 8, wherein the first HARQ-ACK bit sequence comprises HARQ-ACK bit block(s) associated with at least one DCI in the first DCI group
11. (Original) The second node according to claim 8, wherein the first HARQ-ACK bit sequence comprises a HARQ-ACK bit block associated with any DCI in the first DCI group; and a position of the HARQ-ACK bit block associated with the any DCI in the first DCI group in the first HARQ-ACK bit sequence is determined based on the first field comprised in the any DCI in the first DCI group.
Although the claims at issue are not identical, they are not patentably distinct from each other because patented claim 11 incorporates all elements of claim 12. The only difference is that the Patented claim further includes position of the HARQ and DCI being based on the first field in the DCI group. It would have been obvious to utilize the DCI to achieve positions of the HARQ-ACK.
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 11,963, 191.
Instant Claim
Patented Claim
13. A method in a first node for wireless communications, comprising:
receiving a first DCI group, the first DCI group comprising at least one DCI; and transmitting a first signal, the first signal carrying a first HARQ-ACK bit sequence; wherein for any DCI in the first DCI group, a first field comprised is used for indicating an accumulative number of {reference cell, PDCCH monitoring occasion}-pair(s) being associated with first-type DCI(s) up to a current reference cell and a current PDCCH monitoring occasion according to a first ordering rule; the first ordering rule is a rule of ordering based on at least cell indexes of reference cells and PDCCH monitoring occasion indexes, any of the first-type DCI(s) being used for indicating a PDSCH reception or an SPS PDSCH release; a reference cell scheduled by a first-type DCI is a cell having a minimum cell index among cells scheduled by the first-type DCI, the current reference cell is a cell having a minimum cell index among cells scheduled by the any DCI in the first DCI group, time-domain resources occupied by the any DCI in the first DCI group belong to the current PDCCH monitoring occasion, and at least one DCI in the first DCI group schedules more than one cell.
13. (Currently Amended) A method in a first node for wireless communications, comprising:
receiving a first DCI group, the first DCI group comprising at least one DCI; and transmitting a first signal, the first signal carrying a first HARQ-ACK bit sequence; wherein:
for any DCI in the first DCI group, a first field comprised is used for indicating an accumulative number of cell(s) scheduled by first type DCI(s) in a first resource pool
up to a current reference cell and a current time interval an accumulative number of
{reference cell, time interval}-pair(s) being associated with first-type DCI(s) up to a
current reference cell and a current time interval according to a first ordering rule; the first ordering rule is a rule of ordering based on at least cell indexes of reference cells
and time interval indexes, any of the first-type DCI(s) being used for indicating a reception or an SPS PDSCH release; a reference cell scheduled by a first-type DCI is a cell having a default cell index among
cells scheduled by the first-type DCI-;
the current reference cell is a cell having a default cell index among cells(s) scheduled by
the any DCI in the first DCI group, -
time-domain resources occupied by the any DCI in the first DCI group belong to the current
time interval, and at least one DCI in the first DCI group schedules more than one cell.
Although the claims at issue are not identical, they are not patentably distinct from each other because patented claim 13 utilizes time intervals and a default cell index, whereas the instant claims recite PDCCH monitoring occasions and a minimum cell index. These structural and functional distinctions differentiate the claimed accumulative counting mechanism and reference cell determination. It would have been obvious to utilize different parameters to achieve desired results of PDCCH monitoring occasions and minimum cell index as a design choice.
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 11,963, 191.
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Instant Claim
Patented Claim
17. The method in the first node according to claim 13, wherein the first HARQ-ACK bit sequence comprises HARQ-ACK bit block(s) associated with at least one DCI in the first DCI group.
11. (Original) The second node according to claim 8, wherein the first HARQ-ACK bit sequence comprises a HARQ-ACK bit block associated with any DCI in the first DCI group; and a position of the HARQ-ACK bit block associated with the any DCI in the first DCI group in the first HARQ-ACK bit sequence is determined based on the first field comprised in the any DCI in the first DCI group
Although the claims at issue are not identical, they are not patentably distinct from each other because Patented claim 11 incorporates all elements of claim 17. The only difference is that the Patented claim further includes position of the HARQ and DCI being based on the first field in the DCI group. It is an obvious variation to make the position of the HARQ based on the first field in the DCI group.
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of U.S. Patent No. 11,963, 191.
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Instant Claim
Patented claim
Although the claims at issue are not identical, they are not patentably distinct from each other because patented claim 20 utilizes time intervals and a default cell index, whereas the instant claims recite PDCCH monitoring occasions and a minimum cell index. These structural and functional distinctions differentiate the claimed accumulative counting mechanism and reference cell determination
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGEL T BROCKMAN whose telephone number is (571)270-5664. The examiner can normally be reached Monday-Thursday 6:00 AM-4:30 PM.
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/ANGEL T BROCKMAN/ Examiner, Art Unit 2412