CTNF 18/666,137 CTNF 98194 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA 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. 08-36 AIA Claim s 27 and 29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 11711832 B2 in view of Bagheri et al. (US 20200053757 A1) . The reference patent claims differ from the instant claims in that they do not explicitly disclose monitoring for first and second PDCCH candidates based on the association between the first and second PDCCH candidates. However, Bagheri discloses “monitoring for the first physical downlink control channel candidate and the second physical downlink control channel candidate based at least on the association between the first physical downlink control channel candidate and the second physical downlink control channel candidate” (See [0097] the scheduling DCI may indicate which CORESET index should be used (e.g., in case the PDCCHs carrying the same DCI are linked to each other (i.e., the UE knowing a PDCCH candidate in a first CORESET can determine the linked PDCCH candidate in another CORESET). [0117] monitoring one or more downlink control channel candidates in a first slot of the first set of monitoring occasions; monitoring one or more downlink control channel candidates in a second slot of the second set of monitoring occasions). Bagheri teaches monitoring first and second PDCCH candidates, and teaches PDCCH candidates being linked in a different embodiment. It would have been obvious to monitor PDCCH candidates based on a PDCCH candidate association, in order to improve reliability of control channel monitoring by coordinating monitoring of associated PDCCH candidates. It would have been obvious to modify claim 16 of U.S. Patent No. 11711832 B2, to include monitoring first and second candidates based on a PDCCH candidate association, as taught by Bagheri, in order to improve reliability and efficiency of subsequent control information decoding . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 27 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Bagheri et el. (US 20200053757 A1) . Regarding claim 27, Bagheri discloses “A method for wireless communication at a user equipment (UE), comprising: receiving, from a base station, a configuration that indicates an association between a first search space set and a second search space set” (See [0111] The method 700 may include receiving 702 a first indication comprising a first search space identity and a second search space identity, wherein the first search space identity and the second search space identity are for a set of associat ed search spaces comprising a first search space and a second search space), “wherein a first control resource set associated with the first search space set is different than a second control resource set associated with the second search space set” (See [0111] the associated search spaces correspond to two different control resource sets comprising a first control resource set and a second control resource set); “identifying an association between a first physical downlink control channel candidate in the first search space set and a second physical downlink control channel candidate in the second search space set” (See [0097] the scheduling DCI may indicate which CORESET index should be used (e.g., in case the PDCCHs carrying the same DCI are linked to each other (i.e., the UE knowing a PDCCH candidate in a first CORESET can determine the linked PDCCH candidate in another CORESET)), “wherein a configured presence or absence of a first transmission configuration indicator field associated with downlink control information for the first control resource set is a same as a configured presence or absence of a second transmission configuration indicator field associated with downlink control information for the second control resource set” (See [0068] if a UE is configured with a higher layer parameter tci -PresentInDCI that is set as ‘enabled’ for both CORESETs 1 and 2 scheduling the PDSCH, the UE assumes the TCI field is present in the DCI format (e.g., DCI format 1_1) of the PDCCH transmitted on CORESETs 1 and 2) ; “and monitoring for the first physical downlink control channel candidate and the second physical downlink control channel candidate” (See [0117] monitoring one or more downlink control channel candidates in a first slot of the first set of monitoring occasions; monitoring one or more downlink control channel candidates in a second slot of the second set of monitoring occasions). Bagheri in this embodiment does not explicitly disclose that the monitoring is based on the PDCCH association. However, another embodiment of Bagheri discloses reception of linked PDCCHs (See [0097] the scheduling DCI may indicate which CORESET index should be used (e.g., in case the PDCCHs carrying the same DCI are linked to each other (i.e., the UE knowing a PDCCH candidate in a first CORESET can determine the linked PDCCH candidate in another CORESET). Therefore, it would have been obvious to monitor PDCCH candidates “based at least on the association between the first physical downlink control channel candidate and the second physical downlink control channel candidate” , and the motivation to do so would have been to improve reliability of control channel monitoring by coordinating monitoring of associated PDCCH candidates. Regarding claim 29, Bagheri discloses “An apparatus for wireless communication at a user equipment (UE), comprising: one or more memories; and one or more processors, coupled to the one or more memories, the one or more processors individually or collectively configured to cause the UE to” (See Fig. 2): “receive, from a base station, a configuration that indicates an association between a first search space set and a second search space set” (See [0111] The method 700 may include receiving 702 a first indication comprising a first search space identity and a second search space identity, wherein the first search space identity and the second search space identity are for a set of associat ed search spaces comprising a first search space and a second search space) , “wherein a first control resource set associated with the first search space set is different than a second control resource set associated with the second search space set” (See [0111] the associated search spaces correspond to two different control resource sets comprising a first control resource set and a second control resource set) ; “identify an association between a first physical downlink control channel candidate in the first search space set and a second physical downlink control channel candidate in the second search space set” (See [0097] the scheduling DCI may indicate which CORESET index should be used (e.g., in case the PDCCHs carrying the same DCI are linked to each other (i.e., the UE knowing a PDCCH candidate in a first CORESET can determine the linked PDCCH candidate in another CORESET)) , “wherein a configured presence or absence of a first transmission configuration indicator field associated with downlink control information for the first control resource set is a same as a configured presence or absence of a second transmission configuration indicator field associated with downlink control information for the second control resource set” (See [0068] if a UE is configured with a higher layer parameter tci -PresentInDCI that is set as ‘enabled’ for both CORESETs 1 and 2 scheduling the PDSCH, the UE assumes the TCI field is present in the DCI format (e.g., DCI format 1_1) of the PDCCH transmitted on CORESETs 1 and 2) ; “and monitor for the first physical downlink control channel candidate and the second physical downlink control channel candidate” ((See [0117] monitoring one or more downlink control channel candidates in a first slot of the first set of monitoring occasions; monitoring one or more downlink control channel candidates in a second slot of the second set of monitoring occasions). Bagheri in this embodiment does not explicitly disclose that the monitoring is based on the PDCCH association. However, another embodiment of Bagheri discloses reception of linked PDCCHs (See [0097] the scheduling DCI may indicate which CORESET index should be used (e.g., in case the PDCCHs carrying the same DCI are linked to each other (i.e., the UE knowing a PDCCH candidate in a first CORESET can determine the linked PDCCH candidate in another CORESET). Therefore, it would have been obvious to monitor PDCCH candidates “based at least on the association between the first physical downlink control channel candidate and the second physical downlink control channel candidate” , and the motivation to do so would have been to improve reliability of control channel monitoring by coordinating monitoring of associated PDCCH candidates . Allowable Subject Matter Claims 1 and 28 are allowable over the prior art of record. Claims 2-26 are allowable by virtue of their dependency on claim 1. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 1 and 28, closest prior art of record, whether alone or in combination with other references, fail to particularly disclose or render obvious the claimed limitations as recited as-a-whole, in particular “identifying an association between a monitoring occasion of the first search space set and a monitoring occasion of the second search space set which are included within a time interval; identifying an association between a first physical downlink control channel candidate in the first search space set and a second physical downlink control channel candidate in the second search space set; and monitoring for the first physical downlink control channel candidate and the second physical downlink control channel candidate based on: the association between the first search space set and the second search space set; the association between the monitoring occasion of the first search space set and the monitoring occasion of the second search space set; and the association between the first physical downlink control channel candidate and the second physical downlink control channel candidate”. The closest references include: Bagheri et al. (US 20200053757 A1) discloses [0060] a UE may receive an indication that some or all monitoring occasion s of a first search space are associated with some or all monitoring occasion s of a second search space. [0111] an indication comprising a first search space identity and a second search space identity, wherein the first search space identity and the second search space identity are for a set of associat ed search spaces comprising a first search space and a second search space. [0117] monitoring one or more downlink control channel candidates in a first slot of the first set of monitoring occasions; monitoring one or more downlink control channel candidates in a second slot of the second set of monitoring occasions. LIU et al. (US 20210345308 A1) discloses [0005] determining a correspondence between a first aggregation level AL set associated with a plurality of first downlink control channel PDCCH candidates and a second AL set associated with a plurality of second PDCCH candidates, and monitor ing at least one of the plurality of first PDCCH candidates and/or at least one of the plurality of second PDCCH candidates based on the correspondence . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALMA A AYAD whose telephone number is (571)270-0285. The examiner can normally be reached Monday-Friday 8:00 to 5:30 ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SALMA AYAD/Examiner, Art Unit 2462 /YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462 Application/Control Number: 18/666,137 Page 2 Art Unit: 2462 Application/Control Number: 18/666,137 Page 3 Art Unit: 2462 Application/Control Number: 18/666,137 Page 4 Art Unit: 2462 Application/Control Number: 18/666,137 Page 5 Art Unit: 2462 Application/Control Number: 18/666,137 Page 6 Art Unit: 2462 Application/Control Number: 18/666,137 Page 7 Art Unit: 2462 Application/Control Number: 18/666,137 Page 8 Art Unit: 2462 Application/Control Number: 18/666,137 Page 9 Art Unit: 2462 Application/Control Number: 18/666,137 Page 10 Art Unit: 2462
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