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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12015505. Although the claims at issue are not identical, they are not patentably distinct from each other because:
For claims 1-5, ‘505 discloses the limitations in claims 1-5, respectively.
For claim 6, ‘505 discloses the limitations in claim 1.
For claim 7, ‘505 discloses the limitations in claim 6.
For claim 8, ‘505 discloses the limitations in claim 7.
For claims 9-15, ‘505 discloses the limitations in claims 9-15, respectively.
For claim 16, ‘505 discloses the limitations in claim 9.
For claim 17, ‘505 discloses the limitations in claim 16.
For claim 18, ‘505 discloses the limitations in claim 17.
For claim 19, ‘505 discloses the limitations in claim 8.
For claim 20, ‘505 discloses the limitations in claim 18.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by R1-1800237 (cited on IDS)[R1] or, in the alternative, under 35 U.S.C. 103 as obvious over R1 in view of R1-1801716 (cited on IDS)[R2].
For claim 1, R1 discloses sending a configuration message to a terminal, wherein the configuration message is for configuring at least two Sounding Reference Signal, SRS, resource sets for the terminal (Sections 2 and 3 multiple SRS resource sets for UL transmission are configured), and the SRS resource sets are for acquiring Channel State Information, CSI, of an uplink signal in a first uplink transmission mode (Sections 2 and 3); receiving an SRS, based on the configuration message, transmitted by the terminal (Sections 2 and 3), and determining an uplink transmission parameter of a first uplink signal according to the received SRS (Sections 2 and 3); sending the determined uplink transmission parameter to the terminal and instructing the terminal to transmit the first uplink signal according to the uplink transmission parameter (Sections 2 and 3). Or, in the alternative, R2 discloses the SRS resource sets are for acquiring Channel State Information, CSI, of an uplink signal in a first uplink transmission mode (Section 2.4SRS resources sets are for ULCSIAquisition). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to use the SRS resource sets are for acquiring Channel State Information, CSI, of an uplink signal in a first uplink transmission mode taught by R2. The rationale to combine would be to comply with commonly used standards increasing marketability.
For claim 2, R1 discloses when the at least two SRS resource sets comprise an aperiodic SRS resource set or a semi-persistent SRS resource set, the method further comprises: sending a trigger signaling to the terminal, wherein the trigger signaling is for triggering the terminal to send the SRS based on a configuration message of at least one SRS resource set in the aperiodic SRS resource set or semi-persistent SRS resource set (Examiner Note: Since this is a method claim, a contingent limitation is not required to be shown to disclose the claimed limitations. See Ex parte Schulhauser, Appeal 2013-007847. Therefore, the limitations of claim 2, which consist wholly of a contingent limitation would be disclosed under the rejection of claim 1. Also see, Sections 2 and 3 aperiodic or semi-persistent).
For claim 3, R1 discloses sending a spatial related parameter to the terminal, wherein the spatial related parameter is used to indicate information for determining an uplink sending beam of the SRS, and the SRS is an SRS corresponding to SRS resources in the SRS resource sets; wherein one SRS resource corresponds to one spatial related parameter, or one SRS resource set corresponds to one spatial related parameter(Sections 2 and 3 parameters correspond to SRS set).
For claim 4, R1 discloses wherein, the spatial related parameter comprises a sending beam index; or, the spatial related parameter comprises a spatial reference signal identifier used to indicate a reference signal for determining the uplink sending beam of the SRS; or, the spatial related parameter comprises a spatial reference signal index used to indicate a reference signal for determining the uplink sending beam of the SRS. (Sections 2 and 3).
For claim 5, R1 discloses wherein the determining an uplink transmission parameter of a first uplink signal according to the received SRS, comprises: when the most recently-triggered SRS resource is an aperiodic SRS resource, determining the uplink transmission parameter according to an SRS corresponding to the most recently-triggered SRS resource; or, when the most recently-triggered SRS resource set is an aperiodic SRS resource set, determining the uplink transmission parameter according to an SRS corresponding to the most recently-triggered SRS resource set; or, when the most recently-triggered SRS resource is a semi-persistent SRS resource, determining the uplink transmission parameter according to an SRS, corresponding to the most recently-triggered SRS resource and transmitted by the terminal most recently; or, when the most recently-triggered SRS resource set is a semi-persistent SRS resource set, determining the uplink transmission parameter according to an SRS, corresponding to the most recently-triggered SRS resource set and transmitted by the terminal most recently; or, when the trigger signaling comprises trigger information for triggering aperiodic SRS resources, determining the uplink transmission parameter according to an SRS corresponding to the most recently-triggered aperiodic SRS resource; or, when the trigger signaling comprises trigger information for triggering aperiodic SRS resource sets, determining the uplink transmission parameter according to an SRS corresponding to the most recently-triggered aperiodic SRS resource set; or, when the trigger signaling comprises trigger information for triggering semi-persistent SRS resources, determining the uplink transmission parameter according to an SRS, corresponding to the most recently-triggered semi-persistent SRS resource and transmitted by the terminal most recently; or, when the trigger signaling comprises trigger information for triggering semi-persistent SRS resource sets, determining the uplink transmission parameter according to an SRS, corresponding to the most recently-triggered semi-persistent SRS resource set and transmitted by the terminal most recently. (Examiner Note: Since this is a method claim, a contingent limitation is not required to be shown to disclose the claimed limitations. See Ex parte Schulhauser, Appeal 2013-007847. Therefore, the limitations of claim 9, which consist wholly of a contingent limitation would be disclosed under the rejection of claim 1. Also see, Sections 2 and 3).
For claim 6, R1 discloses wherein one or a combination of following schemes is performed: scheme I: the uplink transmission parameter comprises TPMI and TRI, and before sending the determined uplink transmission parameter to the terminal, the method further comprises: determining the number of coded bits of the TPMI and TRI according to the number of antenna ports of a SRS resource for determining the uplink transmission parameter; scheme II: the uplink transmission parameter comprises TPMI and TRI, and before sending the determined uplink transmission parameter to the terminal, the method further comprises: when all SRS resources in the at least two SRS resource sets comprise the same number of antenna ports, determining the number of coded bits of the TPMI and TRI according to the number of antenna ports; scheme III: the uplink transmission parameter comprises TPMI and TRI, and before sending the determined uplink transmission parameter to the terminal, the method further comprises: when there are SRS resources comprising different numbers of antenna ports in the at least two SRS resource sets, determining the number of coded bits of the TPMI and TRI according to a maximum value of the numbers of antenna ports comprised in all SRS resources in the at least two SRS resource sets; or when there are SRS resources comprising different numbers of antenna ports in an SRS resource set corresponding to the received SRS transmitted by the terminal, determining the number of coded bits of the TPMI and TRI according to a maximum value of the numbers of antenna ports comprised in all SRS resources in the SRS resource set corresponding to the received SRS transmitted by the terminal; scheme IV: the uplink transmission parameter comprises SRI, and before sending the determined uplink transmission parameter to the terminal, the method further comprises: determining the SRI according to the number of SRS resources comprised in a SRS resource set for determining the uplink transmission parameter; scheme V: the uplink transmission parameter comprises SRI, and before sending the determined uplink transmission parameter to the terminal, the method further comprises: when all SRS resource sets in the at least two SRS resource sets comprise the same number of SRS resources, determining the number of coded bits of the SRI according to the number of SRS resources; scheme VI: the uplink transmission parameter comprises SRI, and before sending the determined uplink transmission parameter to the terminal, the method further comprises: when there are SRS resource sets comprising different numbers of SRS resources in the at least two SRS resource sets, determining the number of coded bits of the SRI according to a maximum value of the numbers of SRS resources comprised in all SRS resource sets among the at least two SRS resource sets. (Examiner Note: Since this is a method claim, a contingent limitation is not required to be shown to disclose the claimed limitations. See Ex parte Schulhauser, Appeal 2013-007847. Therefore, the limitations of claim 11, which consist wholly of a contingent limitation would be disclosed under the rejection of claim 1. Also see, Sections 2 and 3).
For claim 7, R1 discloses wherein the sending the determined uplink transmission parameter to the terminal, comprises: sending first DCI carrying the uplink transmission parameter to the terminal; or, sending first RRC signaling carrying the uplink transmission parameter to the terminal; and wherein the method further comprises: sending SRS resource set indicator to the terminal through second DCI or second RRC signaling, wherein the SRS resource set indicator indicates an SRS resource set corresponding to the uplink transmission parameter, the second DCI is the same as or different from the first DCI, and the second RRC signaling is the same as or different from the first RRC signaling (Sections 2 and 3 sending the first DCI).
For claim 8, R1 discloses wherein the uplink transmission parameter comprises at least one of: Transmitted Precoding Matrix Indicator, TPMI; Transmitted Rank Indicator, TRI; SRS Resource Indicator, SRI; SRS resource set indicator; and wherein the method further comprises: determining the number of coded bits of the SRS resource set indicator according to the number of SRS resource sets, wherein the number of SRS resource sets is at least one of: the number of the at least two SRS resource sets; the number of SRS resource sets with a specific time-domain behavior type in the at least two SRS resource sets, wherein the specific time-domain behavior type is at least one of periodic, aperiodic and semi-persistent; the number of SRS resource sets corresponding to all SRSs of the configuration message; the number of SRS resource sets with a specific time-domain behavior type in SRS resource sets corresponding to all SRSs of the configuration message, wherein the specific time-domain behavior type is at least one of periodic, aperiodic and semi-persistent; the number of SRS resource sets corresponding to SRS resources with a specific time-domain behavior type among all SRS resources corresponding to all SRSs of the configuration message, wherein the specific time-domain behavior type is at least one of periodic, aperiodic and semi-persistent. (Section 2 and 3 periodic, aperiodic).
For claim 9, R1 discloses receiving a configuration message from a base station, wherein the configuration message is for configuring at least two Sounding Reference Signal, SRS, resource sets for a terminal, (Sections 2 and 3 multiple SRS resource sets for UL transmission are configured), and the SRS resource sets are for acquiring Channel State Information, CSI, of an uplink signal in a first uplink transmission mode (Sections 2 and 3); receiving an SRS, based on the configuration message, transmitted by the terminal (Sections 2 and 3), and determining an uplink transmission parameter of a first uplink signal according to the received SRS (Sections 2 and 3); sending the determined uplink transmission parameter to the terminal and instructing the terminal to transmit the first uplink signal according to the uplink transmission parameter (Sections 2 and 3). Or, in the alternative, R2 discloses the SRS resource sets are for acquiring Channel State Information, CSI, of an uplink signal in a first uplink transmission mode (Section 2.4SRS resources sets are for ULCSIAquisition). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to use the SRS resource sets are for acquiring Channel State Information, CSI, of an uplink signal in a first uplink transmission mode taught by R2. The rationale to combine would be to known technique in a similar device, to comply with commonly used standards increasing marketability, and design choice.
For claim 10, R1 discloses the sending an SRS based on the configuration message to the base station comprises: receiving trigger signaling from the base station (Sections 2 and 3), and sending the SRS to the base station according to the configuration message and the trigger signaling (Sections 2 and 3), wherein the trigger signaling is for triggering the terminal to send the SRS based on a configuration message of at least one SRS resource set in an aperiodic SRS resource set and/or a semi-persistent SRS resource set (Sections 2 and 3 aperiodic SRS).
For claim 11, R1 discloses receiving a spatial related parameter from the base station, wherein the spatial related parameter indicates information for determining an uplink sending beam of the SRS, and the SRS is an SRS corresponding to SRS resources in the SRS resource sets (Sections 2 and 3); wherein one SRS resource corresponds to one spatial related parameter, or one SRS resource set corresponds to one spatial related parameter (Sections 2 and 3).
For claim 12, R1 discloses the spatial related parameter comprises a sending beam index; or, the spatial related parameter comprises a spatial reference signal identifier used to indicate a reference signal for determining the uplink sending beam of the SRS; or, the spatial related parameter comprises a spatial reference signal index used to indicate a reference signal for determining the uplink sending beam of the SRS (Sections 2 and 3).
For claim 13, R1 discloses the receiving the uplink transmission parameter determined by the base station according to the SRS, comprises: receiving first DCI carrying the uplink transmission parameter from the base station; or, receiving first RRC signaling carrying the uplink transmission parameter from the base station (Sections 2 and 3 DCI, RRC).
For claim 14, R1 discloses the receiving the uplink transmission parameter determined by the base station according to the SRS, comprises: receiving second DCI carrying SRS resource set indicator from the base station, or receiving second RRC signaling carrying SRS resource set indicator from the base station (Sections 2 and 3); determining an SRS resource set, corresponding to the first uplink signal or the uplink transmission parameter, according to the SRS resource set indicator (Sections 2 and 3); wherein the SRS resource set indicator indicates an SRS resource set corresponding to the uplink transmission parameter (Sections 2 and 3), and the second DCI is the same as or different from the first DCI, and the second RRC signaling is the same as or different from the first RRC signaling (Sections 2 and 3).
For claim 15, R1 discloses after receiving the uplink transmission parameter determined by the base station according to the SRS, the method further comprises: determining an SRS corresponding to the uplink transmission parameter (Sections 2 and 3); or determining the number of coded bits of the uplink transmission parameter; and decoding the uplink transmission parameter according to the number of coded bits to obtain TPMI and TRI or obtain TPMI, TRI and SRI (Sections 2 and 3).
For claim 16, R1 discloses wherein one or a combination of following schemes is performed: scheme I: the uplink transmission parameter comprises TPMI and TRI, and after receiving the uplink transmission parameter determined by the base station according to the SRS, the method further comprises: determining the number of coded bits of the TPMI and TRI according to the number of antenna ports of a SRS resource for determining the uplink transmission parameter; scheme II: the uplink transmission parameter comprises TPMI and TRI, and after receiving the uplink transmission parameter determined by the base station according to the SRS, the method further comprises: when all SRS resources in the at least two SRS resource sets comprise the same number of antenna ports, determining the number of coded bits of the TPMI and TRI according to the number of antenna ports; scheme III: the uplink transmission parameter comprises TPMI and TRI, and after receiving the uplink transmission parameter determined by the base station according to the SRS, the method further comprises: when there are SRS resources comprising different numbers of antenna ports in the at least two SRS resource sets, determining the number of coded bits of the TPMI and TRI according to a maximum value of the numbers of antenna ports comprised in all SRS resources in the at least two SRS resource sets; or when there are SRS resources comprising different numbers of antenna ports in an SRS resource set corresponding to the SRS transmitted by the terminal, determining the number of coded bits of the TPMI and TRI according to a maximum value of the numbers of antenna ports comprised in all SRS resources in the SRS resource set corresponding to the received SRS transmitted by the terminal; scheme IV: the uplink transmission parameter comprises SRI, and after receiving the uplink transmission parameter determined by the base station according to the SRS, the method further comprises: determining the SRI according to the number of SRS resources comprised in a SRS resource set for determining the uplink transmission parameter; scheme V: the uplink transmission parameter comprises SRI, and after receiving the uplink transmission parameter determined by the base station according to the SRS, the method further comprises: when all SRS resource sets in the at least two SRS resource sets comprise the same number of SRS resources, determining the number of coded bits of the SRI according to the number of SRS resources; scheme VI: the uplink transmission parameter comprises SRI, and after receiving the uplink transmission parameter determined by the base station according to the SRS, the method further comprises: when there are SRS resource sets comprising different numbers of SRS resources in the at least two SRS resource sets, determining the number of coded bits of the SRI according to a maximum value of the numbers of SRS resources comprised in all SRS resource sets among the at least two SRS resource sets. (Examiner Note: Since this is a method claim, a contingent limitation is not required to be shown to disclose the claimed limitations. See Ex parte Schulhauser, Appeal 2013-007847. Therefore, the limitations of claim 2, which consist wholly of a contingent limitation would be disclosed under the rejection of claim 1. Also see, Sections 2 and 3).
For claim 17, R1 discloses determining precoding of the first uplink signal according to the SRS (Sections 2 and 3); sending the first uplink signal to the base station according to the determined precoding (Sections 2 and 3).
For claim 18, R1 discloses determining a transmitting antenna of the first uplink signal according to the SRS (Sections 2 and 3); sending the first uplink signal to the base station by using the determined transmitting antenna (Sections 2 and 3 antenna panel).
For claim 19, R1 does not explicitly state a memory configured to store instructions; a processor configured to read the instructions in the memory to perform the method of claim 1. However, Examiner takes Official Notice that a memory configured to store instructions; a processor configured to read the instructions in the memory to perform the method was common and well known in the art prior to the effective filing date of the invention. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the previous combination to a memory configured to store instructions; a processor configured to read the instructions in the memory to perform the method. The technical reasoning to combine would be to increase possible implementations increasing marketability.
For claim 20, R1 discloses receive a configuration message from a base station, wherein the configuration message is for configuring at least two Sounding Reference Signal, SRS, resource sets for a terminal, (Sections 2 and 3 multiple SRS resource sets for UL transmission are configured), and the SRS resource sets are for acquiring Channel State Information, CSI, of an uplink signal in a first uplink transmission mode (Sections 2 and 3); receiving an SRS, based on the configuration message, transmitted by the terminal (Sections 2 and 3), and determining an uplink transmission parameter of a first uplink signal according to the received SRS (Sections 2 and 3); sending the determined uplink transmission parameter to the terminal and instructing the terminal to transmit the first uplink signal according to the uplink transmission parameter (Sections 2 and 3). Or, in the alternative, R2 discloses the SRS resource sets are for acquiring Channel State Information, CSI, of an uplink signal in a first uplink transmission mode (Section 2.4SRS resources sets are for ULCSIAquisition). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to use the SRS resource sets are for acquiring Channel State Information, CSI, of an uplink signal in a first uplink transmission mode taught by R2. The rationale to combine would be to comply with commonly used standards increasing marketability and design choice. Examiner takes Official Notice that the use of a memory configured to store instructions; a processor configured to read the instructions in the memory to perform the steps and a transceiver configured to receive and send data under control of the processor was common and well known in the art prior to the effective filing date of the invention. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the previous combination to use a memory configured to store instructions; a processor configured to read the instructions in the memory to perform the steps and a transceiver configured to receive and send data under control of the processor to perform the steps. The technical reasoning to combine would be to increase possible implementations increasing marketability.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Lin et al (US-20190215857) discloses receiving uplink configuration data for multiple devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R CROMPTON whose telephone number is (571)270-3678. The examiner can normally be reached 10AM-4PM ET M-Th.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached on (571)272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R CROMPTON/Primary Examiner, Art Unit 2463
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