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 .
In response to the Restriction/Election Requirement dated 6/17/26, Applicant elects
Group II (claims 9-14 and 29) without traverse.
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 9-14 and 29 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7, 8, 10-14, 17, and 25 of copending Application No. 18/719986 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the pending application 18/719992 are similar to claims of copending Application No. 18/719986.
Claim 9 lines 1-19 and lines 27-33 of the pending application is similar to claim 7 lines 1-25 and lines 44-51, claim 13 lines 1-27 and lines 43-57, and claim 25 lines 1-28 and lines 46-52 of copending application 18/719992.
Claim 10 of the pending application is similar to claim 8 lines 1-7 and claim 17 of copending application 18/719992.
Claim 11 of the pending application is similar to claim 8 lines 1-7 and claim 17 of copending application 18/719992.
Claim 12 of the pending application is similar to claim 10 of copending application 18/719992.
Claim 13 of the pending application is similar to claim 11 and claim 14 of copending application 18/719992.
Claim 14 of the pending application is similar to claim 12 lines 1-29 of the pending application 18/719992.
Claim 29 lines 1-21 and lines 29-33 of the pending application is similar to claim 7 lines 1-25 and lines 44-51, claim 13 lines 1-27 and lines 43-57, and claim 25 lines 1-28 and lines 46-52 of the pending application 18/719992.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 9-14 and 29 allowed (pending double patenting rejections).
The following is an examiner’s statement of reasons for allowance (pending double patenting rejections):
Independent claims 9 and 29:
U.S. Publication No. 20210274405 to Raghothaman et al disclose in Figures 1-13 a method performed by a first AU (DU 106) of a distributed base station system (Figure 1), the distributed base station system further comprising a first RU (a RU 108 of the plurality of RUs 108) comprising N₁ antennas (each RU 108 comprises a plurality of antennas 110), the first RU being connected to the first AU via a first AU FH link (Sections 0006-0014, 0037, 0038, 0126, 0146, 0154, and 0175: DU 106 is connected with RU 108 via a FH link) and a second RU (a RU 108 of the plurality of RUs 108) comprising N₂ antennas (each RU 108 comprises a plurality of antennas 110), the second RU being connected to the first AU via a second AU FH link (Sections 0006-0014, 0037, 0038, 0126, 0146, 0154, and 0175: DU 106 is connected with RU 108 via a FH link), the distributed base station system further comprising a BBU (Section 0002) connected to the first AU over a first BBU FH link (Section 0002: BBU is connected to DU via a FH link) , the method comprising:
Receiving, from the first RU over the first AU FH link, at least a part of first … BFW C₁ … of a communication channel between the first RU and a first number of UEs (each RU 108 is connected with respective UEs 112). Sections 0009, 0044-0045, 0050, 0053, 0126, 0145, 0154, 0175, 0179, 0183, 0187, and 0191: DU 106 and each RU 108 communicate using beamforming weights via a respective FH.
Receiving, from the second RU over the second AU FH link, at least a part of second … BFW C₂ … of a communication channel between the second RU and a second number of UEs (each RU 108 is connected with respective UEs 112). Sections 0009, 0044-0045, 0050, 0053, 0126, 0145, 0154, 0175, 0179, 0183, 0187, and 0191: DU 106 and each RU 108 communicate using beamforming weights via a respectively FH.
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Raghothaman et al do not disclose … receiving, from the first RU over the first AU FH link, at least a part of first … BFW C₁ determined to be used for … interference mitigation based on a first DL channel estimate H₁ of a communication channel between the first RU and a first number of UEs; receiving, from the second RU over the second AU FH link, at least a part of second … BFW C₂ determined to be used for … interference mitigation based on a second DL channel estimate H2 of a communication channel between the second RU and a second number of UEs ...
U.S. Publication No. 20040066754 to Hottinen et al disclose in Figures 1-9 and Sections 0048, 0066, and 0079 wherein beamforming weights are determined to mitigate interference. The beamforming arounds are dependent on the channel estimate CQI of a communication channel to be used to mitigate the interference. Refer to Sections 0038-0082.
Raghothaman et al and Hottinen et al do not disclose … receiving, from the first RU over the first AU FH link, at least a part of first intermediate BFW C₁ determined to be used for … interference mitigation based on a first DL channel estimate H₁ of a communication channel between the first RU and a first number of UEs; receiving, from the second RU over the second AU FH link, at least a part of second intermediate BFW C₂ determined to be used for … interference mitigation based on a second DL channel estimate H2 of a communication channel between the second RU and a second number of UEs; combining the at least part of first intermediate BFW C₁ with the at least part of second intermediate BFW C₂ into combined intermediate BFW Ccom …
U.S. Patent No. 10778308 to Bruzzone et al disclose in Figures 1-8 and Column 17 lines 3-67 wherein beamforming weights can be intermediate beamforming weights. The weighted sets of intermediate weights may be combined to provide final weights for the subcarrier, wherein final weights may be used by beamforming network to send and/or receive transmissions. Refer to Column 2 line 55 to Column 26 line 33.
Raghothaman et al, Hottinen et al, and Bruzzone et al do not disclose … receiving, from the first RU over the first AU FH link, at least a part of first intermediate BFW C₁ determined to be used for centralized interference mitigation based on a first DL channel estimate H₁ of a communication channel between the first RU and a first number of UEs; receiving, from the second RU over the second AU FH link, at least a part of second intermediate BFW C₂ determined to be used for centralized interference mitigation based on a second DL channel estimate H2 of a communication channel between the second RU and a second number of UEs ...
U.S. Publication No. 20110021153 to Safavi et al disclose in Figures 1-4 and Sections 0037, 0057, and 0058 disclose the use of centralized interference mitigation to facilitate interference mitigation. Refer to Sections 0039-0107.
Raghothaman et al, Hottinen et al, Bruzzone et al, and Safavi et al do not disclose
… intermediately-beamformed DL data streams of first user layers K₁ of the first number of UEs and of second user layers K₂ of the second number of UEs … , and … the DL data streams of the first and second user layers K₁, K₂, …
U.S. Publication No. 20160198474 to Raghavan et al do not disclose in Figures 1-21 and Sections 0079-0085 wherein a system comprises a plurality of BS’s each with a plurality of UEs for communicating downlink data streams. The downlink data streams are processed using intermediate beamforming for communication from each respective BS to respective UEs. Refer to Sections 0057-0196.
However, none of the prior art discloses the limitations “… sending, to the BBU over the first BBU FH link, the combined intermediate BFW Ccom; and one of: receiving, from the BBU, intermediately-beamformed DL data streams of first user layers K₁ of the first number of UEs and of second user layers K₂ of the second number of UEs, the DL data streams being intermediately beamformed based on an inverse calculation of at least the combined intermediate BFW Ccom, sending at least the intermediately-beamformed DL data streams of the first user layers to the first RU and sending at least the intermediately-beamformed DL data streams of the second user layers to the second RU, and receiving, from the BBU, the DL data streams of the first and second user layers K₁, K₂, and at least a part of first part of BFW WBBU determined based on an inverse calculation of at least the combined intermediate BFW Ccom, sending to the first RU, at least the DL data streams of the first user layers K₁ and at least the first part of BFW WBBU,1 that are scheduled to the first RU and sending to the second RU, at least the DL data streams of the second user layers K₂ and at least the first part of BFW WBBU,2 that are scheduled to the second RU.”, and can be combined with Raghothaman et al, Hottinen et al, Bruzzone et al, Safavi et al, and Raghavan et al.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication No. 20230106451 to Okuyama et al disclose in Figures 1-12 and Sections 0038-0052 wherein a system comprises a BBU connected to one or more RUs via a fronthaul FH; RUs are used for controlling a directivity of a radio wave by using beamforming. Refer to Sections 0023-0242.
U.S. Publication No. 20230116416 to Nonaka et al disclose in Figures 1-7 and Sections 0021-0045 wherein a system comprises a plurality of RU’s connected to a BBU via a fronthaul FH and connected to a control unit CU; each RU is part of a cell comprises a plurality of UEs. Refer to Sections 0016-0187.
U.S. Publication No. 20210399779 to Raghavan et al disclose in Figures 1-21 and Sections 0031, 0076, 0104, 0108, 0112, 0119, and 0124 wherein UE performs a beam training procedure to determine which sets of beamforming weights and corresponding transmit beams cause interference at nearby UEs; to mitigate interference, BS configures a UE with multiple sets of beamforming weights. Refer to Sections 0030-0274.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE Y NG whose telephone number is (571)272-3124. The examiner can normally be reached M-F 12pm-9pm.
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/Christine Ng/
Examiner, AU 2464
August 3, 2026
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