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 .
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-16 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims of U.S. Patent No. 11,974,290. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claimed limitations are similar in scope with obvious wording variations.
Instant Application
US 11,974,290
Claim 1. A physical downlink control channel (PDCCH) candidate allocation method for cross-carrier scheduling, performed by a network-side device, wherein the method comprises:
when configuration of a first cell comprises search space set configuration or PDCCH candidate quantity configuration of the first cell, determining a PDCCH candidate quantity of the first cell based on the configuration of the first cell;
wherein when the configuration of the first cell comprises the search space set configuration or the PDCCH candidate quantity configuration of the first cell,
the search space set configuration or the PDCCH candidate quantity configuration of the first cell is used to indicate one or more of the following items:
PDCCH search space set configuration or a PDCCH candidate quantity allocated to the first cell from a control resource set (CORESET) of the second cell; or
a relationship between a search space set of the first cell and a search space set of the second cell; wherein the first cell is a cell that is cross-carrier scheduled by the second cell.
Claim 1. A physical downlink control channel (PDCCH) candidate allocation method for cross-carrier scheduling, applied to a network-side device or a terminal, wherein the method comprises: when configuration of a first cell comprises search space set configuration or PDCCH candidate quantity configuration of the first cell, determining a PDCCH candidate quantity of the first cell, a monitoring parameter of the first cell, or the PDCCH candidate quantity and the monitoring parameter of the first cell based on the configuration of the first cell, wherein when the configuration of the first cell comprises the search space set configuration or the PDCCH candidate quantity configuration of the first cell, the search space set configuration or the PDCCH candidate quantity configuration of the first cell is used to indicate one or more of the following items: PDCCH search space set configuration or a PDCCH candidate quantity allocated to the first cell from a control resource set (CORESET) of the second cell; and a relationship between a search space set of the first cell and a CORESET or a search space set of the second cell; or when configuration of a first cell does not comprise PDCCH configuration and configuration of a second cell comprises only PDCCH configuration of the second cell, determining the PDCCH candidate quantity of the first cell, the monitoring parameter of the first cell, or the PDCCH candidate quantity and the monitoring parameter of the first cell based on the PDCCH configuration of the second cell; or when configuration of a first cell does not comprise PDCCH configuration and PDCCH configuration of a second cell comprises search space set configuration or PDCCH candidate quantity configuration of the first cell, determining the PDCCH candidate quantity of the first cell, the monitoring parameter of the first cell, or the PDCCH candidate quantity and the monitoring parameter of the first cell based on the search space set configuration or the PDCCH candidate quantity configuration of the first cell; wherein the first cell is a cell that is cross-carrier scheduled by the second cell.
Note that the table above only compared the conflicting claim 1. However, the Applicant is advised that the other independent and dependent claims in instant application also have their conflicting claims in US 11,974,290 and thus are rejected on a similar fashion as that in the table above, resulting in a double patenting rejection to all claims in instant application.
Thus, this double patenting rejection is necessary to prevent unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees.
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) 6-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cheng (US 20190313390).
With respect to independent claims:
Regarding claim(s) 6, Cheng teaches A terminal ([Fig.9], wireless node), comprising a processor, a memory, and a computer program that is stored in the memory and capable of running on the processor, wherein when the computer program is executed by the processor, a physical downlink control channel (PDCCH) candidate allocation ([0089], “UE monitoring PDCCH candidates”) method for cross-carrier scheduling ([0090], “the cell #2 (scheduled cell) is configured to be cross-carrier scheduled on the cell #1 (scheduling cell).”) is implemented, the method comprises:
when configuration of a first cell comprises search space set configuration or PDCCH candidate quantity configuration of the first cell ([0089], “the UE may receive, on the cell #1, a plurality of search space configurations from the base station. The plurality of search space configurations may include a first search space configuration and a second search space configuration.”), determining a PDCCH candidate quantity of the first cell ([0079], “the search space configuration may include at least one of 1) a number of Physical Resource Blocks (PRBs), 2) a number of symbols, and 3) a Control Channel Element (CCE) to Resource Element Group (REG) mapping.”) based on the configuration of the first cell ([0089], “The UE may then monitor, on the cell #1, the PDCCH(s) of the scheduling cell and the PDCCH(s) of the scheduled cell (e.g., the cell #2) based on the first search space configuration and the second search space configuration.”);
wherein when the configuration of the first cell ([0089], “scheduled cell (e.g., the cell #2)”) comprises the search space set configuration or the PDCCH candidate quantity configuration of the first cell ([0089], “The UE may then monitor, on the cell #1, the PDCCH(s) of the scheduling cell and the PDCCH(s) of the scheduled cell (e.g., the cell #2) based on the first search space configuration and the second search space configuration.”),
the search space set configuration or the PDCCH candidate quantity configuration of the first cell is used to indicate:
PDCCH search space set configuration ([0093], “based on the search space configuration ... the UE may monitor the search space for the cell #2 in the CORESET #2 in every two time slots.”) or a PDCCH candidate quantity ([0079], “the search space configuration may include at least one of 1) a number of Physical Resource Blocks (PRBs), 2) a number of symbols, and 3) a Control Channel Element (CCE) to Resource Element Group (REG) mapping.”) allocated to the first cell ([0093], “cell#2”) from a control resource set (CORESET) ([0090], “the cell #2 (scheduled cell) is configured to be cross-carrier scheduled on the cell #1 (scheduling cell). Since the cell #2 is the scheduled cell, the cell #2 may not be configured with any CORESET configuration by the base station. On the other hand, the cell #1 may be configured with two CORESETs: CORESET 703 and CORESET 705, by the base station.” ) of a second cell ([0093], “cell#1”); and
a relationship between a search space set of the first cell and a search space set of the second cell ([0089], “the first search space configuration and the second search space configuration may be associated with the same ... CORESET IDs.”); wherein the relationship is a correspondence between a search space set of the first cell and a search space set of the second cell that have the same identity (ID) ([0089], “the first search space configuration and the second search space may be associated with the same search space ID.”);
wherein the first cell is a cell ([0090], “the cell #2 (scheduled cell)”) that is cross-carrier scheduled ([0090], “the cell #2 (scheduled cell) is configured to be cross-carrier scheduled on the cell #1 (scheduling cell)”) by the second cell ([0090], “cell #1 (scheduling cell)”).
With respect to dependent claims:
Regarding claim(s) 7, Cheng teaches wherein the search space set configuration or the PDCCH candidate quantity configuration of the first cell is applied to some or all CORESETs or search space sets in an active bandwidth part (BWP) of the second cell ([0092], “the UE may monitor the search space #3 in the CORESET #2 (e.g., the CORESET 705 in FIG. 7) in every time slot (e.g., time slots n, n+1, n+2 and n+3.”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20200022119) in view of Cheng (US 20190313390).
With respect to independent claims:
Regarding claim(s) 1/12, Wang teaches A physical downlink control channel (PDCCH) candidate allocation method ([0090], “A first base station determines, in a first search space, a first resource occupied by a first PDCCH.”) ... performed by a network-side device ([Fig.2], First base station), wherein the method comprises:
when configuration of a first cell comprises search space set configuration or PDCCH candidate quantity configuration of the first cell, determining a PDCCH candidate quantity of the first cell based on the configuration of the first cell ([0105], “the first base station and the second base station may use a smaller one of the quantities of symbols of the two base stations, as a quantity of symbols for determining a quantity of CCEs.” And [0103], “a quantity of CCEs corresponding to the ...PDCCH search space.” The first base station determines quantity of symbols for PDDCH.);
wherein when the configuration of the first cell comprises the search space set configuration or the PDCCH candidate quantity configuration of the first cell,
the search space set configuration or the PDCCH candidate quantity configuration of the first cell is used to indicate:
PDCCH search space set configuration or a PDCCH candidate quantity allocated to the first cell from a control resource set (CORESET) of the second cell; and
a relationship between a search space set of the first cell and a search space set of the second cell ([0105], “the first base station and the second base station may use a smaller one of the quantities of symbols of the two base stations, as a quantity of symbols for determining a quantity of CCEs.”).
However, Wang does not specifically disclose cross-carrier scheduling, wherein the relationship is a correspondence between a search space set of the first cell and a search space set of the second cell that have the same identity (ID); and wherein the first cell is a cell that is cross-carrier scheduled by the second cell.
In an analogous art, Cheng discloses cross-carrier scheduling ([0101], “the UE may monitor, on the first cell, a second PDCCH of a second cell (e.g., a scheduled cell) cross-carrier scheduled by the first cell, based on the second search space configuration.”) ...
wherein when the configuration of the first cell comprises the search space set configuration ([0089], “the UE may receive, on the cell #1, a plurality of search space configurations from the base station. The plurality of search space configurations may include a first search space configuration and a second search space configuration.”) or the PDCCH candidate quantity configuration of the first cell,
the search space set configuration or the PDCCH candidate quantity configuration of the first cell is used to indicate:
PDCCH search space set configuration ([0093], “based on the search space configuration ... the UE may monitor the search space for the cell #2 in the CORESET #2 in every two time slots.”) or a PDCCH candidate quantity ([0079], “the search space configuration may include at least one of 1) a number of Physical Resource Blocks (PRBs), 2) a number of symbols, and 3) a Control Channel Element (CCE) to Resource Element Group (REG) mapping.”) allocated to the first cell ([0093], “cell#2”) from a control resource set (CORESET) ([0090], “the cell #2 (scheduled cell) is configured to be cross-carrier scheduled on the cell #1 (scheduling cell). Since the cell #2 is the scheduled cell, the cell #2 may not be configured with any CORESET configuration by the base station. On the other hand, the cell #1 may be configured with two CORESETs: CORESET 703 and CORESET 705, by the base station.” ) of a second cell ([0093], “cell#1”); and
a relationship between a search space set of the first cell and a search space set of the second cell ([0089], “the first search space configuration and the second search space configuration may be associated with the same ... CORESET IDs.”); wherein the relationship is a correspondence between a search space set of the first cell and a search space set of the second cell that have the same identity (ID) ([0089], “the first search space configuration and the second search space may be associated with the same search space ID.”);
wherein the first cell is a cell ([0090], “the cell #2 (scheduled cell)”) that is cross-carrier scheduled ([0090], “the cell #2 (scheduled cell) is configured to be cross-carrier scheduled on the cell #1 (scheduling cell)”) by the second cell ([0090], “cell #1 (scheduling cell)”).
Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Wang to specify cross carrier scheduling as taught by Cheng. The motivation/suggestion would have been because there is a need to reduce complexity ([0004]).
With respect to dependent claims:
Regarding claim(s) 2/13, Cheng teaches wherein the search space set configuration or the PDCCH candidate quantity configuration of the first cell is applied to some or all CORESETs or search space sets in an active bandwidth part (BWP) of the second cell ([0092], “the UE may monitor the search space #3 in the CORESET #2 (e.g., the CORESET 705 in FIG. 7) in every time slot (e.g., time slots n, n+1, n+2 and n+3.”).
Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Wang to specify cross carrier scheduling as taught by Cheng. The motivation/suggestion would have been because there is a need to reduce complexity ([0004]).
Claim(s) 3, 5, 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Cheng, and further in view of Huang (US 20190342907).
Regarding claim(s) 3/14, Huang teaches wherein BWP configuration of the first cell comprises the search space set configuration of the first cell or PDCCH candidate quantity configuration of each aggregation level (AL) of the first cell, and a correspondence between CORESETs or search space sets of the first cell and CORESETs or search space sets of the second cell; or,
the BWP configuration of the first cell comprises ([0409], “each DL BWP of a serving cell where a UE is configured to monitor PDCCH in a search space.”): the search space set configuration of the first cell or PDCCH candidate quantity configuration of each aggregation level (AL) of the first cell ([0415], “a number of PDCCH candidates M.sub.p,s.sup.(L) per CCE aggregation level L by higher layer parameters aggregationLevel1, aggregationLevel2, aggregationLevel4, aggregationLevel8, and aggregationLevel16, for CCE aggregation level 1, CCE aggregation level 2, CCE aggregation level 4, CCE aggregation level 8, and CCE aggregation level 16, respectively.”); or,
the BWP configuration of the first cell comprises: a correspondence between CORESETs or search space sets of the first cell and CORESETs or search space sets of the second cell. .
Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Wang to specify aggregation level as taught by Huang. The motivation/suggestion would have been because there is a need to determine number of CCE elements for each aggregation level.
Regarding claim(s) 5/16, Huang teaches wherein that the search space set configuration or the PDCCH candidate quantity configuration of the first cell is applied to some or all CORESETs or search space sets in an active BWP of the second cell comprises any of the following items:
search space set configuration or PDCCH candidate quantity configuration of each AL comprised in cross-carrier scheduling configuration of the first cell is applied to some or all CORESETs or search space sets in a BWP of the second cell; and
search space set configuration or PDCCH candidate quantity configuration of each AL comprised in serving cell configuration ([0415], “a number of PDCCH candidates M.sub.p,s.sup.(L) per CCE aggregation level L by higher layer parameters aggregationLevel1, aggregationLevel2, aggregationLevel4, aggregationLevel8, and aggregationLevel16, for CCE aggregation level 1, CCE aggregation level 2, CCE aggregation level 4, CCE aggregation level 8, and CCE aggregation level 16, respectively.”) of the first cell ([0409], “each DL BWP of a serving cell where a UE is configured to monitor PDCCH in a search space.”) is applied to some or all CORESETs or search space sets in a BWP of the second cell.
Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Wang to specify aggregation level as taught by Huang. The motivation/suggestion would have been because there is a need to determine number of CCE elements for each aggregation level.
Claim(s) 4 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Cheng, and further in view of Pan (US 20120307777).
Regarding claim(s) 4/15, Wang teaches determining the PDCCH candidate quantity of the first cell based on the PDCCH configuration of the first cell ([0105], “the first base station and the second base station may use a smaller one of the quantities of symbols of the two base stations, as a quantity of symbols for determining a quantity of CCEs.”).
However, Cheng does not teach rest of the claim limitations.
In an analogous art, Pan teaches when a search space set of the second cell is configured to monitor or perform blind detection for a third downlink control information (DCI) format ([0115], “LTE-A UE configured in an cross-carrier scheduling mode detects blindly the DCI format 1A generated in the first approach in the UE-specific search space.”) ...
the third DCI format comprises a carrier indicator field ([0120], “set a CIF field at a fixed location in the DCI signaling for scheduling the user equipment to perform a non-contention based random access.”).
Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Wang to specify Blind detection as taught by Pan. The motivation/suggestion would have been because there is a need to determine PDCCH
Claim(s) 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng in view of Huang (US 20190342907).
Regarding claim(s) 8, Huang teaches wherein BWP configuration of the first cell comprises the search space set configuration of the first cell or PDCCH candidate quantity configuration of each aggregation level (AL) of the first cell, and a correspondence between CORESETs or search space sets of the first cell and CORESETs or search space sets of the second cell; or, the BWP configuration of the first cell comprises: the search space set configuration of the first cell or PDCCH candidate quantity configuration of each aggregation level (AL) of the first cell ([0415], “a number of PDCCH candidates M.sub.p,s.sup.(L) per CCE aggregation level L by higher layer parameters aggregationLevel1, aggregationLevel2, aggregationLevel4, aggregationLevel8, and aggregationLevel16, for CCE aggregation level 1, CCE aggregation level 2, CCE aggregation level 4, CCE aggregation level 8, and CCE aggregation level 16, respectively.”); or, the BWP configuration of the first cell comprises: a correspondence between CORESETs or search space sets of the first cell and CORESETs or search space sets of the second cell.
Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Wang to specify aggregation level as taught by Huang. The motivation/suggestion would have been because there is a need to determine number of CCE elements for each aggregation level.
Regarding claim(s) 10, Huang teaches wherein that the search space set configuration or the PDCCH candidate quantity configuration of the first cell is applied to some or all CORESETs or search space sets in an active BWP of the second cell comprises any of the following items:
search space set configuration or PDCCH candidate quantity configuration of each AL comprised in cross-carrier scheduling configuration of the first cell is applied to some or all CORESETs or search space sets in a BWP of the second cell; and
search space set configuration or PDCCH candidate quantity configuration of each AL comprised in serving cell configuration ([0415], “a number of PDCCH candidates M.sub.p,s.sup.(L) per CCE aggregation level L by higher layer parameters aggregationLevel1, aggregationLevel2, aggregationLevel4, aggregationLevel8, and aggregationLevel16, for CCE aggregation level 1, CCE aggregation level 2, CCE aggregation level 4, CCE aggregation level 8, and CCE aggregation level 16, respectively.”) of the first cell ([0409], “each DL BWP of a serving cell where a UE is configured to monitor PDCCH in a search space.”) is applied to some or all CORESETs or search space sets in a BWP of the second cell.
Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Wang to specify aggregation level as taught by Huang. The motivation/suggestion would have been because there is a need to determine number of CCE elements for each aggregation level.
Claim(s) 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Cheng, and further in view of Pan (US 20120307777).
Regarding claim(s) 9/11, Cheng teaches determining the PDCCH candidate quantity of the first cell based on the PDCCH configuration of the first cell ([0079], “the search space configuration may include at least one of 1) a number of Physical Resource Blocks (PRBs), 2) a number of symbols, and 3) a Control Channel Element (CCE) to Resource Element Group (REG) mapping.”).
However, Cheng does not teach rest of the claim limitations.
In an analogous art, Pan teaches when a search space set of the second cell is configured to monitor or perform blind detection for a third downlink control information (DCI) format ([0115], “LTE-A UE configured in an cross-carrier scheduling mode detects blindly the DCI format 1A generated in the first approach in the UE-specific search space.”) ...
the third DCI format comprises a carrier indicator field ([0120], “set a CIF field at a fixed location in the DCI signaling for scheduling the user equipment to perform a non-contention based random access.”).
Therefore, it would have been obvious to one with ordinary skill in the art at the time before the effective filing date of the claim invention to have modified the method of Wang to specify Blind detection as taught by Pan. The motivation/suggestion would have been because there is a need to determine PDCCH
Response to Arguments
Applicant’s arguments with respect to claims filed on 01/30/2026 have been considered but are moot because the new ground of rejection in instant Office action. Previous USC 112 rejections are withdrawn in view of the submitted arguments. Double patenting rejections will be withdrawn once approval of the submitted terminal disclaimer is confirmed.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/ZHIREN QIN/Examiner, Art Unit 2411