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 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, 5-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 13-14 of U.S. Patent No. 11971496. Although the claims at issue are not identical, they are not patentably distinct from each other because of the illustration below.
Application: claim 1
Patent/co-pending application: claim 1
A method of reception of a reference signal (RS) by a user equipment (UE) in a wireless communication system, the method comprising:
receiving, by the UE, a plurality of RSs;
A method of reporting information related to reference signal measurement by a user equipment (UE) in a wireless communication system, the method comprising:
receiving a plurality of reference signals;
measuring, by the UE, at least one of a time of arrival (ToA) or signal strength based on the plurality of RSs,
measuring a time of arrival (ToA) for each of the plurality of reference signals;
transmitting, by the UE, a measurement report for an earliest ToA, wherein the measurement report includes an information indicating a RS resource for the earliest ToA.
transmitting identification information of a reference signal with a smallest earliest ToA
among the plurality of reference signals.,
Claims 5-9 are also rejected similarly to the patented claims 1, 13-14.
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) 1-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xing (WO-2019029422-A1).
Regarding claims 1, 3, 5-9, Xing discloses a method (positioning and measurement reporting method and apparatus, Abstract), UE (user equipment (UE), Abstract), base station (Fig. 6, page 6, 10), storage medium (page 14) of reception of a reference signal (RS) by a user equipment (UE) in a wireless communication system, the method comprising:
receiving, by the UE, a plurality of RSs (terminal acquires configuration information of the serving cell and/or the neighboring cell CSI-RS from the network side, step 1, page 8);
measuring, by the UE, at least one of a time of arrival (ToA) or signal strength based on the plurality of RSs (terminal side performs CSI-RSRP measurement of the serving cell and/or the neighboring cell and TDOA measurement between different cells according to the configuration information, page 8, step 2)
transmitting, by the UE, a measurement report for an earliest ToA, wherein the measurement report includes an information indicating a RS resource for the earliest ToA (terminal reports the CSI-RSRP and/or CSI-TDOA measurement results and the corresponding cell identifier and CSI-RS index, page 9, step 3)(reporting of a plurality of measurement includes the earliest ToA).
Regarding claim 2, Xing discloses wherein the information indicating a RS resource is a Positioning Reference Signal (PRS) resource ID (refer to rejection of claim 1, cell identifier).
Regarding claim 4, Xing discloses wherein the UE is capable of communicating with at least one of another UE, a network, a base station, or an autonomous driving vehicle (terminal acquires configuration information of the serving cell and/or the neighboring cell CSI-RS from the network side, page 8, step 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY K LIU whose telephone number is (571)270-1338. The examiner can normally be reached on every M-F 10 AM to 6:30 PM.
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/HARRY K LIU/Primary Examiner, Art Unit 3645 Tel: (571) 270-1338
Fax: (571) 270-2338
Email: harry.liu@uspto.gov