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 .
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 1-10 of U.S. Patent No. 12016020 (Hereinafter P12016020). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following NSDP-anticipatory DP rejection.
For claim 1, P12016020 discloses a method for a communication apparatus, the method comprising:
communicating with a user equipment (claim 1 “communicating with a user equipment”); and
transmitting a parameter to the user equipment, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows:
,
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where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter. (claim 1 “transmitting an enhanced physical downlink control channel (EPDCCH) configuration to the user equipment, wherein the EPDCCH configuration comprises a parameter, and wherein an initialization value for scrambling a bit of an EPDCCH is based on a formula as follows:
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where the is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter.”).
Independent claim 10 P12016020 discloses a method for a user equipment (claim 5 “A method for a user equipment”), the method comprising:
communicating with a communication apparatus (claim 5 “a base station”); and
receiving a parameter from the communication apparatus, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows (claim 5 “wherein the EPDCCH configuration comprises a parameter, and
wherein an initialization value for scrambling a bit of an EPDCCH is based on a formula as follows:”):
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(claim 5),
where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter. (claim 5 “where the Cinit,1 is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter.”).
Claim 19 is rejected because it is a generic user equipment that performs the method of claim 1 and has the same subject matter as claim 1.
Claim 20 is rejected because it is a generic communication apparatus that performs the method of claim 10 and has the same subject matter as claim 10.
As to claims 2 and 11, P12016020 discloses claims 1 and 10, P12016020 further discloses: wherein the parameter is included in an enhanced physical downlink control channel (EPDCCH) configuration (claim 1 “the EPDCCH configuration comprises a parameter”).
As to claims 3 and 12, P12016020 discloses claims 1 and 10, P12016020 further discloses:
wherein the parameter is transmitted by Radio Resource Control (RRC) signaling (claim 2 “wherein the EPDCCH configuration is transmitted by Radio Resource Control (RRC) signaling”).
As to claims 4 and 13, P12016020 discloses claims 1 and 10, P12016020 further discloses:
scrambling the bit of the control channel based on the initialization value; and transmitting, in the control channel to the user equipment, a scrambled bit of the control channel which is scrambled based on the initialization value (claim 3 “scrambling the bit of the EPDCCH based on the initialization value; and
transmitting, in the EPDCCH to the user equipment, a scrambled bit of the EPDCCH which is scrambled based on the initialization value”).
As to claims 5 and 14, P12016020 discloses claims 1 and 10, P12016020 further discloses: wherein the initialization value for scrambling the bit of the control channel is a first initialization value, wherein the formula is a first formula, wherein the first formula is different from a second formula of a second initialization 23 value, wherein the second initialization value is for scrambling a bit of the PDCCH, and wherein the second formula of the second initialization value is defined as follows: …
where the Cinit,2 is the second initialization value, the ns is the slot number within the radio frame, and the N2 is a cell identity (ID) (claim 4).
As to claims 6 and 15, P12016020 discloses claims 1 and 10, P12016020 further discloses: wherein the communication apparatus is a base station (claim 1 “A method for a base station”).
As to claims 7 and 16, P12016020 discloses claims 1 and 10, P12016020 further discloses:
wherein a resource is reserved for the control channel (claim 2 “the EPDCCH configuration is transmitted by Radio Resource Control (RRC) signaling”).
As to claims 8 and 17, P12016020 discloses claims 1 and 10, P12016020 further discloses reserving a resource for the control channel (claim 2 “the EPDCCH configuration is transmitted by Radio Resource Control (RRC) signaling”).
As to claims 9 and 18, P12016020 discloses claims 1 and 10, P12016020 further discloses:
wherein the control channel is an enhanced physical downlink control channel (EPDCCH) (claim 1 “the EPDCCH configuration comprises a parameter”).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11864180 (Hereinafter P11864180). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following NSDP-anticipatory DP rejection.
For claim 1, P11864180 discloses a method for a communication apparatus (claim 1 “A method for a base station”), the method comprising:
communicating with a user equipment (suggested by claim 1); and
transmitting a parameter to the user equipment, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows:
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where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter. (claim 1 “transmitting an enhanced physical downlink control channel (EPDCCH) configuration to the user equipment, wherein the EPDCCH configuration comprises a parameter, and wherein an initialization value for scrambling a bit of an EPDCCH is based on a formula as follows:
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where the is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter.”).
Independent claim 10 P11864180 discloses a method for a user equipment (claim 5), the method comprising:
communicating with a communication apparatus (claim 5); and
receiving a parameter from the communication apparatus, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows:
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where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter. (claim 5).
Claim 19 is rejected because it is a generic user equipment that performs the method of claim 1 and has the same subject matter as claim 1.
Claim 20 is rejected because it is a generic communication apparatus that performs the method of claim 10 and has the same subject matter as claim 10.
As to claims 2 and 11, P11864180 discloses claims 1 and 10, P11864180 further discloses: wherein the parameter is included in an enhanced physical downlink control channel (EPDCCH) configuration (claim 2).
As to claims 3 and 12, P11864180 discloses claims 1 and 10, P11864180 further discloses:
wherein the parameter is transmitted by Radio Resource Control (RRC) signaling (claim 2).
As to claims 4 and 13, P11864180 discloses claims 1 and 10, P11864180 further discloses:
scrambling the bit of the control channel based on the initialization value; and transmitting, in the control channel to the user equipment, a scrambled bit of the control channel which is scrambled based on the initialization value (claim 2).
As to claims 5 and 14, P11864180 discloses claims 1 and 10, P11864180 further discloses: wherein the initialization value for scrambling the bit of the control channel is a first initialization value, wherein the formula is a first formula, wherein the first formula is different from a second formula of a second initialization value, wherein the second initialization value is for scrambling a bit of the PDCCH, and wherein the second formula of the second initialization value is defined as follows: …
where the Cinit,2 is the second initialization value, the ns is the slot number within the radio frame, and the N2 is a cell identity (ID) (claim 3).
As to claims 6 and 15, P11864180 discloses claims 1 and 10, P11864180 further discloses: wherein the communication apparatus is a base station (claim 1).
As to claims 7 and 16, P11864180 discloses claims 1 and 10, P11864180 further discloses:
wherein a resource is reserved for the control channel (claim 2).
As to claims 8 and 17, P11864180 discloses claims 1 and 10, P11864180 further discloses: reserving a resource for the control channel (claim 2).
As to claims 9 and 18, P11864180 discloses claims 1 and 10, P11864180 further discloses:
wherein the control channel is an enhanced physical downlink control channel (EPDCCH) (claim 1 “the EPDCCH configuration comprises a parameter”).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11671963 (Hereinafter P11671963). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following NSDP-anticipatory DP rejection.
For claim 1, P11671963 discloses a method for a communication apparatus (claim 1 “A method for a base station”), the method comprising:
communicating with a user equipment (claim 1 “a user equipment”); and
transmitting a parameter to the user equipment, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows:
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where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter (claim 3).
Independent claim 10 P11671963 discloses a method for a user equipment (claim 5 “A method for a user equipment”), the method comprising:
communicating with a communication apparatus (claim 1 “communicating with a user equipment”); and
receiving a parameter from the communication apparatus, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows:
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where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter. (claim 7).
Claim 19 is rejected because it is a generic user equipment that performs the method of claim 1 and has the same subject matter as claim 1.
Claim 20 is rejected because it is a generic communication apparatus that performs the method of claim 10 and has the same subject matter as claim 10.
As to claims 2 and 11, P11671963 discloses claims 1 and 10, P12016020 further discloses: wherein the parameter is included in an enhanced physical downlink control channel (EPDCCH) configuration (claim 1 or 2).
As to claims 3 and 12, P11671963 discloses claims 1 and 10, P12016020 further discloses:
wherein the parameter is transmitted by Radio Resource Control (RRC) signaling (claim 2).
As to claims 4 and 13, P11671963 discloses claims 1 and 10, P12016020 further discloses:
scrambling the bit of the control channel based on the initialization value; and transmitting, in the control channel to the user equipment, a scrambled bit of the control channel which is scrambled based on the initialization value (claim 3).
As to claims 5 and 14, P11671963 discloses claims 1 and 10, P12016020 further discloses: wherein the initialization value for scrambling the bit of the control channel is a first initialization value, wherein the formula is a first formula, wherein the first formula is different from a second formula of a second initialization 23 value, wherein the second initialization value is for scrambling a bit of the PDCCH, and wherein the second formula of the second initialization value is defined as follows: …
where the Cinit,2 is the second initialization value, the ns is the slot number within the radio frame, and the N2 is a cell identity (ID) (claim 3).
As to claims 6 and 15, P11671963 discloses claims 1 and 10, P12016020 further discloses: wherein the communication apparatus is a base station (claim 1).
As to claims 7 and 16, P11671963 discloses claims 1 and 10, P12016020 further discloses:
wherein a resource is reserved for the control channel (claim 2).
As to claims 8 and 17, P11671963 discloses claims 1 and 10, P12016020 further discloses: reserving a resource for the control channel (claim 2).
As to claims 9 and 18, P11671963 discloses claims 1 and 10, P12016020 further discloses:
wherein the control channel is an enhanced physical downlink control channel (EPDCCH) (claim).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11140702 (Hereinafter P11140702). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following NSDP-obviousness DP rejection.
For claim 1, P11140702 discloses a method for a communication apparatus (claim 1), the method comprising:
communicating with a user equipment (claim 1 “the first space is detected by a plurality of user equipment”); and
transmitting a parameter to the user equipment, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows:
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where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter. (claim 1 and claim 6).
Independent claim 10 P11140702 discloses a method for a user equipment (claim 11 “A communication method of a user equipment (UE)”), the method comprising:
communicating with a communication apparatus (claim 1); and
receiving a parameter from the communication apparatus, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows:
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where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter (claim 11 and claim 15).
Claim 19 is rejected because it is a generic user equipment that performs the method of claim 1 and has the same subject matter as claim 1.
Claim 20 is rejected because it is a generic communication apparatus that performs the method of claim 10 and has the same subject matter as claim 10.
As to claims 2 and 11, P11140702 discloses claims 1 and 10, P11140702 further discloses: wherein the parameter is included in an enhanced physical downlink control channel (EPDCCH) configuration (claim 1 “a first physical downlink control channel”).
As to claims 3 and 12, P11140702 discloses claims 1 and 10, P12016020 further discloses:
wherein the parameter is transmitted by Radio Resource Control (RRC) signaling (claim 4 “the configuration information on a radio resource control signaling”).
As to claims 4 and 13, P11140702 discloses claims 1 and 10, P11140702 further discloses:
scrambling the bit of the control channel based on the initialization value; and transmitting, in the control channel to the user equipment, a scrambled bit of the control channel which is scrambled based on the initialization value (claim 6).
As to claims 5 and 14, P11140702 discloses claims 1 and 10, P11140702 further discloses: wherein the initialization value for scrambling the bit of the control channel is a first initialization value, wherein the formula is a first formula, wherein the first formula is different from a second formula of a second initialization 23 value, wherein the second initialization value is for scrambling a bit of the PDCCH, and wherein the second formula of the second initialization value is defined as follows: …
where the Cinit,2 is the second initialization value, the ns is the slot number within the radio frame, and the N2 is a cell identity (ID) (claim 1 and claim 6).
As to claims 6 and 15, P11140702 discloses claims 1 and 10, P11140702 further discloses: wherein the communication apparatus is a base station (claim 1).
As to claims 7 and 16, P11140702 discloses claims 1 and 10, P11140702 further discloses:
wherein a resource is reserved for the control channel (claim 4).
As to claims 8 and 17, P11140702 discloses claims 1 and 10, P11140702 further discloses: reserving a resource for the control channel (claim 4).
As to claims 9 and 18, P11140702 discloses claims 1 and 10, P11140702 further discloses:
wherein the control channel is an enhanced physical downlink control channel (EPDCCH) (claim 1).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-38 of U.S. Patent No. 10285192 (Hereinafter P10285192). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following NSDP-anticipatory DP rejection.
For claim 1, P10285192 discloses a method for a communication apparatus (claim 25 “A communication method of an eNB”), the method comprising:
communicating with a user equipment (claim 25); and
transmitting a parameter to the user equipment, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows:
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where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter. (claim 25 and claim 28).
Independent claim 10 P10285192 discloses a method for a user equipment (claim 30 “A communication method of a user equipment (UE)”), the method comprising:
communicating with a communication apparatus (claim 30); and
receiving a parameter from the communication apparatus, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows:
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where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter (claim 30 and claim 33).
Claim 19 is rejected because it is a generic user equipment that performs the method of claim 1 and has the same subject matter as claim 1.
Claim 20 is rejected because it is a generic communication apparatus that performs the method of claim 10 and has the same subject matter as claim 10.
As to claim 2 and 11, P10285192 discloses claims 1 and 10, P10285192 further discloses: wherein the parameter is included in an enhanced physical downlink control channel (EPDCCH) configuration (claim 25).
As to claim 3 and 12, P10285192 discloses claims 1 and 10, P10285192 further discloses:
wherein the parameter is transmitted by Radio Resource Control (RRC) signaling (claim 26).
As to claim 4 and 13, P10285192 discloses claims 1 and 10, P10285192 further discloses:
scrambling the bit of the control channel based on the initialization value; and transmitting, in the control channel to the user equipment, a scrambled bit of the control channel which is scrambled based on the initialization value (claim 28).
As to claim 5 and 14, P10285192 discloses claims 1 and 10, P10285192 further discloses: wherein the initialization value for scrambling the bit of the control channel is a first initialization value, wherein the formula is a first formula, wherein the first formula is different from a second formula of a second initialization 23 value, wherein the second initialization value is for scrambling a bit of the PDCCH, and wherein the second formula of the second initialization value is defined as follows: …
where the Cinit,2 is the second initialization value, the ns is the slot number within the radio frame, and the N2 is a cell identity (ID) (claim 25).
As to claim 6 and 15, P10285192 discloses claims 1 and 10, P10285192 further discloses: wherein the communication apparatus is a base station (claim 1 “the EPDCCH configuration comprises a parameter”).
As to claim 7 and 16, P10285192 discloses claims 1 and 10, P10285192 further discloses:
wherein a resource is reserved for the control channel (claim 25).
As to claim 8 and 17, P10285192 discloses claims 1 and 10, P10285192 further discloses: reserving a resource for the control channel (claim 1 “the EPDCCH configuration comprises a parameter”).
As to claim 9 and 18, P10285192 discloses claims 1 and 10, P10285192 further discloses:
wherein the control channel is an enhanced physical downlink control channel (EPDCCH) (claim 25).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 9634740 (Hereinafter P9634740). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following NSDP- anticipatory DP rejection.
For claim 1, P9634740 discloses a method for a communication apparatus (claim 1, “A base station”), the method comprising:
communicating with a user equipment (claim 1); and
transmitting a parameter to the user equipment, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows:
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where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter. (claim 1).
Independent claim 10 P9634740 discloses a method for a user equipment (claim 3, “A user equipment (UE)”), the method comprising:
communicating with a communication apparatus (claim 3); and
receiving a parameter from the communication apparatus, wherein an initialization value for scrambling a bit of a control channel which is different from a physical downlink control channel (PDCCH) is based on a formula as follows:
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where the Ciniti is the initialization value, the ns is a slot number within a radio frame and the N1 is the parameter. (claim 3).
Claim 19 is rejected because it is a generic user equipment that performs the method of claim 1 and has the same subject matter as claim 1.
Claim 20 is rejected because it is a generic communication apparatus that performs the method of claim 10 and has the same subject matter as claim 10.
As to claim 2 and 11, P9634740 discloses claims 1 and 10, P9634740 further discloses: wherein the parameter is included in an enhanced physical downlink control channel (EPDCCH) configuration (claim 1).
As to claim 3 and 12, P9634740 discloses claims 1 and 10, P9634740 further discloses:
wherein the parameter is transmitted by Radio Resource Control (RRC) signaling (claim 1).
As to claim 4 and 13, P9634740 discloses claims 1 and 10, P9634740 further discloses:
scrambling the bit of the control channel based on the initialization value; and transmitting, in the control channel to the user equipment, a scrambled bit of the control channel which is scrambled based on the initialization value (claim 1).
As to claim 5 and 14, P9634740 discloses claims 1 and 10, P9634740 further discloses: wherein the initialization value for scrambling the bit of the control channel is a first initialization value, wherein the formula is a first formula, wherein the first formula is different from a second formula of a second initialization value, wherein the second initialization value is for scrambling a bit of the PDCCH, and wherein the second formula of the second initialization value is defined as follows: …
where the Cinit,2 is the second initialization value, the ns is the slot number within the radio frame, and the N2 is a cell identity (ID) (claim 1).
As to claim 6 and 15, P9634740 discloses claims 1 and 10, P9634740 further discloses: wherein the communication apparatus is a base station (claim 1).
As to claim 7 and 16, P9634740 discloses claims 1 and 10, P9634740 further discloses:
wherein a resource is reserved for the control channel (claim 1).
As to claim 8 and 17, P9634740 discloses claims 1 and 10, P9634740 further discloses: reserving a resource for the control channel (claim 1).
As to claim 9 and 18, P9634740 discloses claims 1 and 10, P9634740 further discloses: wherein the control channel is an enhanced physical downlink control channel (EPDCCH) (claim 1).
Conclusion
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/JIANYE WU/Primary Examiner, Art Unit 2462