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 .
This office action is in response to claims filed on March 21, 2024.
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 1, 8 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7 and 13 respectively of U.S. Patent No. 12,432,745. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all the limitations of the instant application claims, respectively (see table below). The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Claims 2-7, 9-14, and 16-20 are rejected as being dependent on independent claims 1, 8 and 15.
Application 18/613,032
U.S. Patent No. 12,432,745
Claim 1.
A method for providing hybrid automatic repeat request acknowledgment (HARQ-ACK) information, the method comprising: receiving: first information for a first set of serving cells including multiple serving cells, first downlink control information (DCI) formats, wherein each DCI format from the first DCI formats schedules physical downlink shared channel (PDSCH) receptions on respective serving cells from the first set of serving cells, and first PDSCHs on respective first serving cells, from the first set of serving cells, that are scheduled by a first DCI format from the first DCI formats, wherein: the first DCI format is provided by a first physical downlink control channel (PDCCH) reception in a first PDCCH monitoring occasion (MO), the first PDCCH MO is before a first active downlink (DL) bandwidth part (BWP) change on a first serving cell from the first serving cells, and a second active DL BWP change on the first serving cell is not triggered in the first PDCCH MO; determining: first HARQ-ACK information corresponding to the first PDSCHs, wherein: the first HARQ-ACK information includes a negative acknowledgment (NACK) for the first PDSCH, and the NACK is appended to HARQ-ACK information corresponding to the first PDSCHs except for the first PDSCH, and a first HARQ-ACK codebook associated with the first DCI formats that includes the first HARQ-ACK information; and transmitting a physical uplink control channel (PUCCH) or a physical uplink shared channel (PUSCH) that provides HARQ-ACK codebooks including the first HARQ-ACK codebook.
Claim 1.
A method for operating a user equipment (UE), the method comprising: receiving: first information for a number of sets of cells, second information for second cells, first downlink control information (DCI) formats, wherein each DCI format from the first DCI formats: is associated with scheduling more than one physical downlink shared channel (PDSCH) reception on more than one cell in a set of cells from the number of sets of cells, and includes a value for a counter downlink assignment index (DAI) field, wherein the value is based on a smallest cell index among the more than one cell, K PDSCHs on N cells, in a first set of cells from the number of sets of cells, that are scheduled by a DCI format from the first DCI formats; determining first hybrid automatic repeat request acknowledgement (HARQ-ACK) information bits associated with the first DCI formats, wherein the first HARQ-ACK information bits: are ordered in ascending order of respective values of the counter DAI field, and include, for the DCI format: M=Σ.sup.N.sub.i=1M.sub.i HARQ-ACK information bits, corresponding to receptions of the K PDSCHs on the N cells, in ascending order of cell indexes for the N cells, and (M.sub.max−M) HARQ-ACK information bits with negative acknowledgement (NACK) values that are appended to the M HARQ-ACK information bits, wherein M.sub.i is a number of HARQ-ACK information bits associated with a reception of one or more PDSCHs from the K PDSCHs, on cell i from the N cells, and wherein M.sub.max is a maximum number of HARQ-ACK information bits for each DCI format from the first DCI formats; generating a HARQ-ACK sub-codebook that includes the first HARQ-ACK information bits; and transmitting a physical uplink control channel (PUCCH) or a physical uplink shared channel (PUSCH) that includes the HARQ-ACK sub-codebook.
Claim 8
A user equipment (UE) comprising: a transceiver configured to receive: first information for a first set of serving cells including multiple serving cells, first downlink control information (DCI) formats, wherein each DCI format from the first DCI formats schedules physical downlink shared channel (PDSCH) receptions on respective serving cells from the first set of serving cells, and first PDSCHs on respective first serving cells, from the first set of serving cells, that are scheduled by a first DCI format from the first DCI formats, wherein: the first DCI format is provided by a first physical downlink control channel (PDCCH) reception in a first PDCCH monitoring occasion (MO), the first PDCCH MO is before a first active downlink (DL) bandwidth part (BWP) change on a first serving cell from the first serving cells, and a second active DL BWP change on the first serving cell is not triggered in the first PDCCH MO; and a processor operably coupled with the transceiver, the processor configured to determine: first HARQ-ACK information corresponding to the first PDSCHs, wherein: the first HARQ-ACK information includes a negative acknowledgment (NACK) for the first PDSCH, and the NACK is appended to HARQ-ACK information corresponding to the first PDSCHs except for the first PDSCH, and a first HARQ-ACK codebook associated with the first DCI formats that includes the first HARQ-ACK information; wherein the transceiver is further configured to transmit a physical uplink control channel (PUCCH) or a physical uplink shared channel (PUSCH) that provides HARQ-ACK codebooks including the first HARQ-ACK codebook.
Claim 7
A user equipment (UE), comprising: a transceiver configured to receive: first information for a number of sets of cells, first downlink control information (DCI) formats, wherein each DCI format from the first DCI formats: is associated with scheduling more than one physical downlink shared channel (PDSCH) reception on more than one cell in a set of cells from the number of sets of cells, and includes a value for a counter downlink assignment index (DAI) field, wherein the value is based on a smallest cell index among the more than one cell, K PDSCHs on N cells, in a first set of cells from the number of sets of cells, that are scheduled by a DCI format from the first DCI formats; and a processor operably connected to the transceiver, the processor configured to: determine first hybrid automatic repeat request acknowledgement (HARQ-ACK) information bits associated with the first DCI formats, wherein the first HARQ-ACK information bits: are ordered in ascending order of respective values of the counter DAI field, and include, for the DCI format: =Σ.sup.N.sub.i=1M.sub.i HARQ-ACK information bits, corresponding to receptions of the K PDSCHs on the N cells, in ascending order of cell indexes for the N cells, and (M.sub.max−M) HARQ-ACK information bits with negative acknowledgement (NACK) values that are appended to the M HARQ-ACK information bits, wherein M.sub.i is a number of HARQ-ACK information bits associated with a reception of one or more PDSCHs from the K PDSCHs, on cell i from the N cells, and wherein M.sub.max is a maximum number of HARQ-ACK information bits for each DCI format from the first DCI formats; and generate a HARQ-ACK sub-codebook that includes the first HARQ-ACK information bits, wherein the transceiver is further configured to transmit a physical uplink control channel (PUCCH) or a physical uplink shared channel (PUSCH) that includes the HARQ-ACK sub-codebook.
Claim 15
A base station comprising: a transceiver configured to transmit: first information for a first set of serving cells including multiple serving cells, first downlink control information (DCI) formats, wherein each DCI format from the first DCI formats schedules physical downlink shared channel (PDSCH) transmissions on respective serving cells from the first set of serving cells, and first PDSCHs on respective first serving cells, from the first set of serving cells, that are scheduled by a first DCI format from the first DCI formats, wherein: the first DCI format is provided by a first physical downlink control channel (PDCCH) transmission in a first PDCCH monitoring occasion (MO), the first PDCCH MO is before a first active downlink (DL) bandwidth part (BWP) change on a first serving cell from the first serving cells, and a second active DL BWP change on the first serving cell is not triggered in the first PDCCH MO; and a processor operably coupled with the transceiver, the processor configured to determine: first HARQ-ACK information corresponding to the first PDSCHs, wherein: the first HARQ-ACK information includes a negative acknowledgment (NACK) for the first PDSCH, and the NACK is appended to HARQ-ACK information corresponding to the first PDSCHs except for the first PDSCH, and a first HARQ-ACK codebook associated with the first DCI formats that includes the first HARQ-ACK information; wherein the transceiver is further configured to receive a physical uplink control channel (PUCCH) or a physical uplink shared channel (PUSCH) that provides HARQ-ACK codebooks including the first HARQ-ACK codebook.
Claim 13
A base station comprising: a transceiver configured to: transmit: first information for a number of sets of cells, first downlink control information (DCI) formats, wherein each DCI format from the first DCI formats: is associated with scheduling more than one physical downlink shared channel (PDSCH) transmission on more than one cell in a set of cells from the number of set of cells, and includes a value for a counter downlink assignment index (DAI) field, wherein the value is based on a smallest cell index among the more than one cell, K PDSCHs on N cells, in a first set of cells from the number of set of cells, that are scheduled by a DCI format from the first DCI formats; and receive a physical uplink control channel (PUCCH) or a physical uplink shared channel (PUSCH) that includes a hybrid automatic repeat request acknowledgement (HARQ-ACK) sub-codebook that includes first HARQ-ACK information bits; and a processor operably connected to the transceiver, the processor configured to: identify the first HARQ-ACK information bits that are associated with the first DCI formats wherein the first HARQ-ACK information bits: are ordered in ascending order of respective values of the counter DAI field, and include, for the DCI format: M=Σ.sup.N.sub.i=1M.sub.i HARQ-ACK information bits corresponding to transmissions of the K PDSCHs on the N cells, in ascending order of cell indexes for the N cells, and (M.sub.max−M) HARQ-ACK information bits with negative acknowledgement (NACK) values that are appended to the M HARQ-ACK information bits, wherein M.sub.i is a number of HARQ-ACK information bits associated with a transmission of one or more PDSCHs from the K PDSCHs, on cell i from the N cells, and wherein M.sub.max is a maximum number of HARQ-ACK information bits for each DCI format from the first DCI formats.
Allowable Subject Matter
Claims 1-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 1, 8 and 15, although, the prior arts disclose the method and apparatus comprising: receiving: first information for a first set of serving cells including multiple serving cells, first downlink control information (DCI) formats, monitoring occasion (MO), active downlink (DL) bandwidth part (BWP), HARQ-ACK codebook. However, none of them teach wherein each DCI format from the first DCI formats schedules physical downlink shared channel (PDSCH) receptions on respective serving cells from the first set of serving cells, and first PDSCHs on respective first serving cells, from the first set of serving cells, that are scheduled by a first DCI format from the first DCI formats, wherein: the first DCI format is provided by a first physical downlink control channel (PDCCH) reception in a first PDCCH monitoring occasion (MO), the first PDCCH MO is before a first active downlink (DL) bandwidth part (BWP) change on a first serving cell from the first serving cells, and a second active DL BWP change on the first serving cell is not triggered in the first PDCCH MO; determining: first HARQ-ACK information corresponding to the first PDSCHs, wherein: the first HARQ-ACK information includes a negative acknowledgment (NACK) for the first PDSCH, and the NACK is appended to HARQ-ACK information corresponding to the first PDSCHs except for the first PDSCH, and a first HARQ-ACK codebook associated with the first DCI formats that includes the first HARQ-ACK information; and transmitting a physical uplink control channel (PUCCH) or a physical uplink shared channel (PUSCH) that provides HARQ-ACK codebooks including the first HARQ-ACK codebook or to fairly suggest the invention in the combination as claimed.
Claims 2-7, 9-14, and 16-20 are allowed as being dependent on independent claims 1, 8 and 15.
Conclusion
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UNITED STATES PATENT AND TRADEMARK OFFICE
/CONGVAN TRAN/Primary Examiner, Art Unit 2647