DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present U.S. non-provisional application is being examined under the pre-AIA first-to-invent provisions. The present U.S. non-provisional application, filed on April 25, 2024 is a continuation of a prior U.S. non-provisional application, filed on May 27, 2021, which is a continuation of a prior U.S. non-provisional application, filed on December 22, 2016, which is a continuation of a prior U.S. non-provisional application, filed on June 4, 2013, and claims benefit to U.S. provisional applications, filed on August 1, 2012 and June 4, 2012.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on April 25, 2024, May 16, 2024, June 10, 2024, July 16, 2024, February 6, 2025, May 29, 2025, and November 6, 2025 were filed before the mailing date of a first Office action in the present U.S. non-provisional application, in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Allowable Subject Matter
Claims 2, 3, 9, 10, 16 and 17 would be considered as allowable if made to overcome the non-statutory double patenting rejections set forth in this Office action, and if rewritten into independent form to include all of the limitations of the respective base claim and any intervening claims. The claimed invention is neither anticipated by the prior art of record, nor considered as obvious in view thereof to a person having ordinary skill in the art.
Double Patenting
Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over reference claims 1-16 of U.S. Patent No. 12,082,026. The claims at issue for consideration are not identical, but they are not patentably distinct from each other because the present claims are anticipated by the reference claims, and considered as obvious variants thereof to a person having ordinary skill in the art.
Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over reference claims 1-14 of U.S. Patent No. 11,039,329. The claims at issue for consideration are not identical, but they are not patentably distinct from each other because the present claims are anticipated by the reference claims, and considered as obvious variants thereof to a person having ordinary skill in the art.
The non-statutory 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 non-statutory double patenting rejection is appropriate where the claims at issue 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 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 C.F.R. 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a non-statutory double patenting ground provided the reference 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. MPEP 717.02 for applications subject to examination under the first inventor to file provisions of the AIA , MPEP 2159. 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 (www.uspto.gov/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 the eTerminal Disclaimer website. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For additional information about eTerminal Disclaimers, see http://www.uspto.gov/ patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 , if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1, 4-8, 11-15 and 18-20 are rejected under 35 U.S.C. 103(a) as unpatentable over Hammarwall (US 2014/0078919 A1) in view of Geirhofer et al. (US 2013/0301450 A1).
1. A wireless transmit/receive unit (WTRU) comprising: a processor (Hammarwall, FIG. 15) configured to:
receive first configuration information indicating a first set of non-zero power (NZP) channel state information reference signal (CSI-RS) resources and a first set of CSI interference measurement (CSI-IM) resources (Hammarwall, paras. [0072], [0073], “The wireless device receives CSI process configuration, and a CSI request, from a network node. […] The wireless device performs measurements on CSI-RS resources and interference measurement resources corresponding to the configured CSI processes...”);
receive second configuration information indicating a second set of NZP CSI-RS resources and a second set of CSI-IM resources (Hammarwall, paras. [0072], [0073], “The wireless device receives CSI process configuration, and a CSI request, from a network node. […] The wireless device performs measurements on CSI-RS resources and interference measurement resources corresponding to the configured CSI processes...” Id.);
perform a first set of one or more measurements using the first set of NZP CSI-RS resources and the first set of CSI-IM resources (Hammarwall, paras. [0072], [0073], “The wireless device receives CSI process configuration, and a CSI request, from a network node. […] The wireless device performs measurements on CSI-RS resources and interference measurement resources corresponding to the configured CSI processes...” Id.);
perform a second set of one or more measurements using the second set of NZP CSI-RS resources and the second set of CSI-IM resources (Hammarwall, paras. [0072], [0073], “The wireless device receives CSI process configuration, and a CSI request, from a network node. […] The wireless device performs measurements on CSI-RS resources and interference measurement resources corresponding to the configured CSI processes...” Id.);
receive a first trigger indicating that a first aperiodic CSI report is to be transmitted by the WTRU, the first trigger indicating that the first aperiodic CSI report is to be based on measurements performed using the first set of NZP CSI-RS resources and the first set of CSI-IM resources (Hammarwall, paras. [0104], [0106], “The wireless device further receives a request for CSI information from the network node. The CSI request may e.g. be comprised in downlink control information (DCI) in the form of a flag, or it may be comprised in a higher-layer message e.g. an RRC message. The CSI request may be a request for an aperiodic, or a periodic CSI report...”);
send the first aperiodic CSI report including at least a first measurement value determined based on the first set of one or more measurements performed using the first set of NZP CSI-RS resources and the first set of CSI-IM resources (Hammarwall, paras. [0106], [0108], “The wireless device performs measurements based on one or more reference signals received in the reference signal resource for each configured CSI process, e.g. based on one or more CSI-RS. Depending on the CSI process configuration for the wireless device, some or all of the reference signal resources may be received in the same subframe. In addition, the wireless device estimates interference e.g. based on measurements on an IMR, as described above. [...] Finally, the wireless device transmits CSI to the network node. Such a transmission can be requested by the network in an aperiodic CSI request (scheduled in a DCI block)…”);
receive a second trigger indicating that a second aperiodic CSI report is to be transmitted by the WTRU, the second trigger indicating that the second aperiodic CSI report is to be based on measurements performed using the second set of NZP CSI-RS resources and the second set of CSI-IM resources (Hammarwall, paras. [0104], [0106], “The wireless device further receives a request for CSI information from the network node. The CSI request may e.g. be comprised in downlink control information (DCI) in the form of a flag, or it may be comprised in a higher-layer message e.g. an RRC message. The CSI request may be a request for an aperiodic, or a periodic CSI report...” Id.); and
send the second aperiodic CSI report including at least a second measurement value determined based on the second set of one or more measurements performed using the second set of NZP CSI-RS resources and the second set of CSI-IM resources (Hammarwall, paras. [0106], [0108], “The wireless device performs measurements based on one or more reference signals received in the reference signal resource for each configured CSI process, e.g. based on one or more CSI-RS. Depending on the CSI process configuration for the wireless device, some or all of the reference signal resources may be received in the same subframe. In addition, the wireless device estimates interference e.g. based on measurements on an IMR, as described above. [...] Finally, the wireless device transmits CSI to the network node. Such a transmission can be requested by the network in an aperiodic CSI request (scheduled in a DCI block)…”)
Hammarwall may not seem to describe the identical claimed invention, however in the same field of endeavor, Geirhofer et al. provides prior art disclosure for the claimed invention, such as the sets of CSI-RS resources as NZP resources (Geirhofer, paras. [0073], [0076], “…For each resource pattern group, a first and a second resource element pattern may be considered. The first resource element pattern may be used for channel measurement and may use one or more non-zero power CSI-RS resources. In an optional aspect, usage of a CRS pattern may also be considered. The second resource element pattern may be used for interference measurement and may include zero-power CSI-RS resources and/or CRS. Non-zero power CSI-RS resources may also be used for interference measurement, e.g., after subtracting the known pilot transmissions. The UE 906 may be informed of which CSI-RS resources to use through either explicit or implicit signaling, or a combination thereof…”) The prior art disclosure and suggestions of Geirhofer et al. are for reasons of performing coordinated multipoint channel state information feedback under multiple channel and interference assumptions (Geirhofer, para. [0003], “The present disclosure relates generally to communication systems, and more particularly, to a system and method for performing coordinated multipoint (CoMP) channel state information (CSI) feedback under multiple channel and interference assumptions.”) In view of the prior art of record, the claimed invention 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, for reasons of performing coordinated multipoint channel state information feedback under multiple channel and interference assumptions.
4. The WTRU of claim 1, wherein the processor is further configured such that the first aperiodic CSI report is determined according to one or more aperiodic report modes configured for the first configuration information that indicates the first set of NZP CSI-RS resources (Geirhofer, paras. [0073], [0076], “…UE 906 may generate separate aperiodic CSI feedback reports using these different resource patterns for interference measurement. Furthermore, where multiple resource pattern groups are measured, additional signaling may be used to convey to the UE 906 whether to compute rank indication, precoding matrix, and channel quality (RI/PMI/CQI) for each group or whether to report a subset of RI/PMI/CQI in certain CSI feedback reports. For example…” Id.)
5. The WTRU of claim 1, wherein the processor is further configured to associate a rank indicator (RI) with the first set of CSI-RS resources (Hammarwall, paras. [0096], [0098], “Also, a RI and/or a PMI, may be determined as part of a first CSI process (assuming the associated desired effective channel and interference measurement) and reused also in a second CSI process. In this case, the PMI and RI do not involve any processing in the determining of the second CSI process. However, the CQI of the second CSI process should be determined using the interference measurements, and desired signal reference signals, of the second CSI process…”)
6. The WTRU of claim 5, wherein the processor is further configured to report a common RI value associated with the first configuration information that indicates the first set of NZP CSI-RS resources and the second configuration information that indicates the second set of NZP CSI-RS resources (Hammarwall, paras. [0096], [0098], Id.)
7. The WTRU of claim 1, wherein the processor is further configured such that the first configuration of NZP CSI-RS resources corresponds to a first CSI Process, and the second configuration of NZP CSI-RS resources corresponds to a second CSI Process (Hammarwall, paras. [0072], [0073], Id.)
8. A method performed by a wireless transmit/receive unit (WTRU), the method (Hammarwall, FIG. 15, Id.) comprising:
receiving first configuration information indicating a first set of non-zero power (NZP) channel state information reference signal (CSI-RS) resources and a first set of CSI interference measurement (CSI-IM) resources (Hammarwall, paras. [0072], [0073], Id.);
receiving second configuration information indicating a second set of NZP CSI-RS resources and a second set of CSI-IM resources (Hammarwall, paras. [0072], [0073], Id.);
performing a first set of one or more measurements using the first set of NZP CSI-RS resources and the first set of CSI-IM resources (Hammarwall, paras. [0072], [0073], Id.);
performing a second set of one or more measurements using the second set of NZP CSI- RS resources and the second set of CSI-IM resources (Hammarwall, paras. [0072], [0073], Id.);
receiving a first trigger indicating that a first aperiodic CSI report is to be transmitted by the WTRU, the first trigger indicating that the first aperiodic CSI report is to be based on measurements performed using the first set of NZP CSI-RS resources and the first set of CSI-IM resources (Hammarwall, paras. [0104], [0106], Id.);
sending the first aperiodic CSI report including at least a first measurement value determined based on the first set of one or more measurements performed using the first set of NZP CSI-RS resources and the first set of CSI-IM resources (Hammarwall, paras. [0106], [0108], Id.);
receiving a second trigger indicating that a second aperiodic CSI report is to be transmitted by the WTRU, the second trigger indicating that the second aperiodic CSI report is to be based on measurements performed using the second set of NZP CSI-RS resources and the second set of CSI-IM resources (Hammarwall, paras. [0104], [0106], Id.); and
sending the second aperiodic CSI report including at least a second measurement value determined based on the second set of one or more measurements performed using the second set of NZP CSI-RS resources and the second set of CSI-IM resources (Hammarwall, paras. [0106], [0108], Id. cf. Claim 1).
Hammarwall may not seem to describe the identical claimed invention, however in the same field of endeavor, Geirhofer et al. provides prior art disclosure for the claimed invention, such as the sets of CSI-RS resources as NZP resources (Geirhofer, paras. [0073], [0076], Id.) The prior art disclosure and suggestions of Geirhofer et al. are for reasons of performing coordinated multipoint channel state information feedback under multiple channel and interference assumptions (Geirhofer, para. [0003], Id.) In view of the prior art of record, the claimed invention 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, for reasons of performing coordinated multipoint channel state information feedback under multiple channel and interference assumptions.
11. The method of claim 8, wherein the first aperiodic CSI report is determined according to one or more aperiodic report modes configured for the first configuration information that indicates the first set of NZP CSI-RS resources (Geirhofer, paras. [0073], [0076], Id. cf. Claim 4).
12. The method of claim 8, wherein the method further comprises associating a rank indicator (RI) with the first set of CSI-RS resources (Hammarwall, paras. [0096], [0098], Id. cf. Claim 5).
13. The method of claim 12, wherein the method further comprises reporting a common RI value associated with the first configuration information that indicates the first set of NZP CSI- RS resources and the second configuration information that indicates the second set of NZP CSI- RS resources (Hammarwall, paras. [0096], [0098], Id. cf. Claim 6).
14. The method of claim 8, wherein the first configuration of NZP CSI-RS resources corresponds to a first CSI Process, and the second configuration of NZP CSI-RS resources corresponds to a second CSI Process (Hammarwall, paras. [0072], [0073], Id. cf. Claim 7).
15. A base station comprising: a transceiver; and a processor (Hammarwall, FIG. 14) configured to:
send, via the transceiver to a wireless transmit/receive unit (WTRU), first configuration information indicating a first set of non-zero power (NZP) channel state information reference signal (CSI-RS) resources and a first set of CSI interference measurement (CSI-IM) resources (Hammarwall, paras. [0072], [0073], Id.);
send, via the transceiver to the WTRU, second configuration information indicating a second set of NZP CSI-RS resources and a second set of CSI-IM resources (Hammarwall, paras. [0072], [0073], Id.);
send, via the transceiver to the WTRU, a first trigger indicating that a first aperiodic CSI report is to be transmitted by the WTRU, the first trigger indicating that the first aperiodic CSI report is to be based on measurements performed by the WTRU using the first set of NZP CSI- RS resources and the first set of CSI-IM resources (Hammarwall, paras. [0104], [0106], Id.);
receive, via the transceiver from the WTRU, the first aperiodic CSI report including at least a first measurement value determined based on the first set of one or more measurements performed using the first set of NZP CSI-RS resources and the first set of CSI-IM resources (Hammarwall, paras. [0106], [0108], Id.);
send, via the transceiver to the WTRU, a second trigger indicating that a second aperiodic CSI report is to be transmitted by the WTRU, the second trigger indicating that the second aperiodic CSI report is to be based on measurements performed by the WTRU using the second set of NZP CSI-RS resources and the second set of CSI-IM resources (Hammarwall, paras. [0104], [0106], Id.); and
receive, via the transceiver from the WTRU, the second aperiodic CSI report including at least a second measurement value determined based on the second set of one or more measurements performed using the second set of NZP CSI-RS resources and the second set of CSI-IM resources (Hammarwall, paras. [0106], [0108], Id. cf. Claim 1).
Hammarwall may not seem to describe the identical claimed invention, however in the same field of endeavor, Geirhofer et al. provides prior art disclosure for the claimed invention, such as the sets of CSI-RS resources as NZP resources (Geirhofer, paras. [0073], [0076], Id.) The prior art disclosure and suggestions of Geirhofer et al. are for reasons of performing coordinated multipoint channel state information feedback under multiple channel and interference assumptions (Geirhofer, para. [0003], Id.) In view of the prior art of record, the claimed invention 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, for reasons of performing coordinated multipoint channel state information feedback under multiple channel and interference assumptions.
18. The base station of claim 15, wherein the first aperiodic CSI report is determined according to one or more aperiodic report modes configured for the first configuration information that indicates the first set of NZP CSI-RS resources (Geirhofer, paras. [0073], [0076], Id. cf. Claim 4).
19. The base station of claim 15, wherein the processor is further configured to associate a rank indicator (RI) with the first set of CSI-RS resources (Hammarwall, paras. [0096], [0098], Id. cf. Claim 5).
20. The base station of claim 19, wherein the processor is further configured to receive a report of a common RI value associated with the first configuration information that indicates the first set of NZP CSI-RS resources and the second configuration information that indicates the second set of NZP CSI-RS resources (Hammarwall, paras. [0096], [0098], Id. cf. Claim 6).
Conclusion
The prior art made of record (PTO-1449, PTO-892) and not relied upon is considered pertinent to the subject matter of the present U.S. non-provisional application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Timothy J. Weidner whose telephone number is (571) 270-1825. The examiner can normally be reached Monday - Friday, 8:00 AM - 5:00 PM, Eastern Standard Time.
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/TIMOTHY J WEIDNER/Primary Examiner, Art Unit 2476