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).
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Claims 1, 2, 5-10 and 13-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5-9 and 12-14 of U.S. Patent No. US 12,185,314. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims are broader than the patented claims and species anticipated the genus.
Regarding claim 1: A wireless transmit receive unit (WTRU) comprising a processor and memory, the processor and memory configured to: receive a radio resource control (RRC) message, the RRC message comprising configuration information indicating that transmissions performed using a primary cell (PCell) can be scheduled via the PCell or a secondary cell (SCell), the RRC message comprising first search space configuration information associated with the PCell and second search space configuration information associated with the SCell (receive a radio resource control (RRC) message, the RRC message comprising configuration information indicating that transmissions performed using a primary cell (PCell) can be scheduled via the PCell or a secondary cell (SCell), the RRC message comprising first search space configuration information associated with the PCell and second search space configuration information associated with the SCell, patent claim 1); determine a maximum number of physical downlink control channel (PDCCH) candidates to monitor in a slot for scheduling of the transmissions performed using the PCell (determine a maximum number of physical downlink control channel (PDCCH) candidates to monitor in a slot for scheduling of the transmissions performed using the PCell, claim 1); determine a maximum number of non-overlapping control channel elements (CCEs) to monitor in the slot for scheduling of transmissions performed using the PCell (determine a maximum number of non-overlapping control channel elements (CCEs) to monitor in the slot for scheduling of transmissions performed using the PCell, claim 1);
determine that a first fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the PCell and that a second fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the SCell (determine that a first fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the PCell for a first slot and that a second fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the SCell in the first slot, claim 1);
determine that a first fraction of the maximum number of non-overlapping CCEs are applicable to PDCCH monitoring in the PCell and that a second fraction of the maximum number of non-overlapping CCEs are applicable for PDCCH monitoring in the SCell (determine that a first fraction of the maximum number of non-overlapping CCEs are applicable to PDCCH monitoring in the PCell for the first slot and that a second fraction of the maximum number of non-overlapping CCEs are applicable for PDCCH monitoring in the SCell for the first slot, claim 1);
and decode a PDCCH transmission via the SCell, the PDCCH transmission decoded via the SCell scheduling a physical downlink shared channel (PDSCH) transmission received via the PCell (decode a first PDCCH transmission via the SCell, the first PDCCH transmission decoded via the SCell scheduling a first physical downlink shared channel (PDSCH) transmission received via the PCell, claim 1). Pending claim 9 is anticipated for similar reasons by patent claim 8. For pending claim 2, see patent claim 2, for pending claim 5, see patent claim 1, for pending claims 6-8, see patent claim 5-7 respectively, for pending claim 10, see patent claim 9, for pending claim 13, see patent claim 8, for pending claims 14-16, see patent claims 12-14 respectively.
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.
Claims 1, 2, 5-10 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US 2021/0168774, hereinafter Li, as disclosed in the IDS) and in view of Yi et al (US 2021/0274535, hereinafter Yi, claiming priority date of all provisional applications, as disclosed in the IDS).
Regarding claim 1, Li discloses a wireless transmit receive unit (WTRU, Fig. 2) comprising a processor and memory (processing circuitry and memory, Fig. 2), the processor and memory configured to: receive a radio resource control (RRC) message (UE can receive configuration information from RRC signaling, Para [0059]), determine a maximum number of physical downlink control channel (PDCCH) candidates to monitor in a slot for scheduling of the transmissions performed using the PCell (UE determines single maximum number of PDCCH candidates for PDCCH monitoring on the Pcell and Scell that schedules on the Pcell, Para [0011]); determine a maximum number of non-overlapping control channel elements (CCEs) to monitor in the slot for scheduling of transmissions performed using the PCell (UE determines single maximum number of non-overlapped CCEs for PDCCH monitoring on the Pcell and Scell that schedules on the Pcell, Para [0011]); determine that a first fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the PCell and that a second fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the SCell (single maximum number of PDCCH candidates are determined for Pcell and Scell, Para [0058], fractional number p is used to determine the number of monitored PDCCHs candidates applied to PDCCH detections on PCell and fractional number s is used to determine the number of monitored PDCCHs candidates applied to PDCCH detections on Scell, where p+s=1, Para [0069]); determine that a first fraction of the maximum number of non-overlapping CCEs are applicable to PDCCH monitoring in the PCell and that a second fraction of the maximum number of non-overlapping CCEs are applicable for PDCCH monitoring in the SCell (single maximum number of non-overlapped CCEs are determined for Pcell and Scell, Para [0058], fractional number p is used to determine the number of non-overlapped CCEs applied to PDCCH detections on PCell and fractional number s is used to determine the number of non-overlapped CCEs applied to PDCCH detections on Scell, where p+s=1, Para [0069]); and decode a PDCCH transmission via the SCell, the PDCCH transmission decoded via the SCell scheduling a physical downlink shared channel (PDSCH) transmission received via the PCell (UE may decode one or more PDCCH candidates on the scheduling Scell for DCI, where the DCI may schedule PDSCH transmission on the Pcell, Para [0009]); but does not fully and explicitly disclose the RRC message comprising configuration information indicating that transmissions performed using a primary cell (PCell) can be scheduled via the PCell or a secondary cell (SCell), the RRC message comprising first search space configuration information associated with the PCell and second search space configuration information associated with the SCell. Li does disclose a search space set for self-scheduling and a search space set for crossing carrier scheduling, Para [0125]. Yi discloses cross-carrier scheduling can be activated by RRC configuration, Para [0600], BS can send cross-carrier configuration parameters by RRC signaling, Para [0569] and configuration parameters can comprise a primary cell comprises first search space and secondary cell comprises a second search space, Para [0602]. Also see Para [0308, 317, 338] from provisional application 62/982846. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yi in the system of Li in order to improve reliability and control signaling throughput by further improvements of self-carrier scheduling and cross-carrier scheduling.
Regarding claims 2 and 10, Li discloses the WTRU/method of claim 1/9, wherein the processor and memory are configured to: monitor the PCell using the first fraction of the maximum number of PDCCH candidates applicable to PDCCH monitoring in the PCell; and monitor the SCell using the second fraction of the maximum number of PDCCH candidates applicable to PDCCH monitoring in the SCell (single maximum number of monitored PDCCH candidates, monitoring PDCCH candidates on Pcell and Scell, Para [0058], fractional values p and s are used to determine the maximum number, Para [0069]).
Regarding claims 5 and 13, Li discloses the WTRU/method of claim 1/9, wherein the processor and memory are configured to: decode a second PDCCH transmission via the SCell, the second PDCCH transmission decoded via the SCell scheduling a physical uplink shared channel (PUSCH) transmission sent via the PCell (cross-carrier scheduling, transmission on the Pcell is scheduled by the Scell, Para [0112], in this case second PDCCH on Scell schedules PUSCH on Pcell).
Regarding claims 6 and 14, Li discloses the WTRU/method of claim 1/9, wherein the configuration information indicates the first fraction of the maximum number of PDCCH candidates that are applicable to PDCCH monitoring in the PCell (Scaling factors p and s can be configured by RRC signaling, Para [0063]).
Regarding claims 7 and 15, Li discloses the WTRU/method of claim 6/14, wherein the configuration information indicates first fraction of the maximum number of non-overlapping CCEs are applicable to PDCCH monitoring in the PCell (Scaling factors p and s can be configured by RRC signaling, Para [0063]).
Regarding claims 8 and 16, Li discloses the WTRU/method of claim 1/9, wherein the processor and memory are configured to: select search spaces in increasing order of priority until the maximum number of PDCCH candidates is reached (applying priority to PDCCH monitoring when the number of PDCCH detections configured for Pcell and Scell is beyond UE capability, Para [0106], the number of PDCCH candidates can be allocated in ascending order of search space index, where the prioritized search space has smaller search index, Para [0107], UE drops search space sets when maximum is reached, Para [0010]).
Regarding claim 9, Li discloses a method implemented by a wireless transmit receive unit (WTRU), the method comprising: receive a radio resource control (RRC) message (UE can receive configuration information from RRC signaling, Para [0059]), determine a maximum number of physical downlink control channel (PDCCH) candidates to monitor in a slot for scheduling of the transmissions performed using the PCell (UE determines single maximum number of PDCCH candidates for PDCCH monitoring on the Pcell and Scell that schedules on the Pcell, Para [0011]); determine a maximum number of non-overlapping control channel elements (CCEs) to monitor in the slot for scheduling of transmissions performed using the PCell (UE determines single maximum number of non-overlapped CCEs for PDCCH monitoring on the Pcell and Scell that schedules on the Pcell, Para [0011]); determine that a first fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the PCell and that a second fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the SCell (single maximum number of PDCCH candidates are determined for Pcell and Scell, Para [0058], fractional number p is used to determine the number of monitored PDCCHs candidates applied to PDCCH detections on PCell and fractional number s is used to determine the number of monitored PDCCHs candidates applied to PDCCH detections on Scell, where p+s=1, Para [0069]); determine that a first fraction of the maximum number of non-overlapping CCEs are applicable to PDCCH monitoring in the PCell and that a second fraction of the maximum number of non-overlapping CCEs are applicable for PDCCH monitoring in the SCell (single maximum number of non-overlapped CCEs are determined for Pcell and Scell, Para [0058], fractional number p is used to determine the number of non-overlapped CCEs applied to PDCCH detections on PCell and fractional number s is used to determine the number of non-overlapped CCEs applied to PDCCH detections on Scell, where p+s=1, Para [0069]); and decode a PDCCH transmission via the SCell, the PDCCH transmission decoded via the SCell scheduling a physical downlink shared channel (PDSCH) transmission received via the PCell (UE may decode one or more PDCCH candidates on the scheduling Scell for DCI, where the DCI may schedule PDSCH transmission on the Pcell, Para [0009]); but does not fully and explicitly disclose the RRC message comprising configuration information indicating that transmissions performed using a primary cell (PCell) can be scheduled via the PCell or a secondary cell (SCell), the RRC message comprising first search space configuration information associated with the PCell and second search space configuration information associated with the SCell. Li does disclose a search space set for self-scheduling and a search space set for crossing carrier scheduling, Para [0125]. Yi discloses cross-carrier scheduling can be activated by RRC configuration, Para [0600], BS can send cross-carrier configuration parameters by RRC signaling, Para [0569] and configuration parameters can comprise a primary cell comprises first search space and secondary cell comprises a second search space, Para [0602]. Also see Para [0308, 317, 338] from provisional application 62/982846. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yi in the system of Li in order to improve reliability and control signaling throughput by further improvements of self-carrier scheduling and cross-carrier scheduling.
Claims 3, 4, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Li, in view of Yi and in view of Pelletier et al (US 2011/0134774, hereinafter Pelletier).
Regarding claims 3 and 11, Li discloses the WTRU/method of claim 1/9, but not explicitly wherein the processor and memory are configured to: stop monitoring of PDCCH candidates in the SCell for scheduling of transmissions performed using the PCell based on deactivation of the SCell. Pelletier discloses the WTRU deactivates a concerned Scell and the WTRU stop monitoring the PDCCH on the Scell, Para [0126]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Pelletier in the system of Li in view of Yi in order to avoid ambiguity of WTRU when being configured with multiple serving cells.
Regarding claims 4 and 12, Li discloses the WTRU/method of claim 3/11, but not wherein the processor and memory are configured to: receive a medium access control (MAC) control element (CE) that indicates deactivation of the SCell. Yi discloses Scell can be deactivated using a MAC CE, Para [0173].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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