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.
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Instant Application
Patent No. 10,686,642
1. A communication system, comprising: a base station including a transmitter which, in operation, transmits scheduling information; and a user equipment including: a receiver which, in operation, receives, from the base station, the scheduling information specifying resources on which the user equipment is to receive data from the base station, a modulation and coding indicator, and set selection information; and circuitry, which is coupled to the receiver and which, in operation, selects one set out of at least two sets of modulation and coding schemes based on the received set selection information, wherein the at least two sets include a first set and a second set, the first set and the second set have a plurality of modulation and coding schemes in common and differ in that the second set includes an additional modulation with an order higher than any modulation in the first set, the additional modulation includes only a 256-QAM modulation, the first set supports 27 levels of transport block size (TBS) indices that are incremented by 1 and the second set supports more than 27 levels of TBS indices of which a subset is not contiguous, and at least two lowest modulation and coding indicators correspond to lowest TBS indices in the first set and to lowest TBS indices in the second set, respectively, and correspond to the same lowest modulation in the first set and in the second set; and selects one modulation and coding scheme from the selected set based on the received modulation and coding indicator, wherein, the transmitter of the base station, in operation, transmits the data to the user equipment on the resources, and the receiver of the user equipment, in operation, receives the data from the base station using the selected modulation and coding scheme.
1. A communication apparatus, comprising: a receiver which, in operation, receives, from a base station in a communication system, scheduling information specifying resources on which the communication apparatus is to receive data from the base station, a modulation and coding indicator, and set selection information; and circuitry, which is coupled to the receiver and which, in operation, selects one set out of at least two sets of modulation and coding schemes based on the received set selection information, wherein the at least two sets include a first set and a second set, the first set and the second set have a plurality of modulation and coding schemes in common and differ in that the second set includes an additional modulation with an order higher than any modulation in the first set, the additional modulation includes only a 256-QAM modulation, the first set supports 27 levels of transport block size (TBS) indices that are incremented by 1 and the second set supports more than 27 levels of TBS indices of which a subset is not contiguous, and at least two lowest modulation and coding indicators correspond to lowest TBS indices in the first set and to lowest TBS indices in the second set, respectively, and correspond to the same lowest modulation in the first set and in the second set; and selects one modulation and coding scheme from the selected set based on the received modulation and coding indicator, wherein the receiver, in operation, receives the data from the base station on the scheduled resources using the selected modulation and coding scheme.
2. The communication system according to claim 1, wherein the set selection information is signaled by higher layer signaling.
2. The communication apparatus according to claim 1, wherein the set selection information is signaled by higher layer signaling.
3. The communication system according to claim 1, wherein the scheduling information and the modulation and coding indicator are transmitted on a Physical Downlink Control Channel (PDCCH).
3. The communication apparatus according to claim 1, wherein the scheduling information and the modulation and coding indicator are transmitted on a Physical Downlink Control Channel (PDCCH).
4. The communication system according to claim 1, wherein the TBS indices are size indicators each indicating at least one of: (i) the number of bits in a transport block which is to be mapped onto physical resources, and (ii) retransmission without specific indication of the transport block size.
4. The communication apparatus according to claim 1, wherein the TBS indices are size indicators each indicating at least one of: (i) the number of bits in a transport block which is to be mapped onto physical resources, and (ii) retransmission without specific indication of the transport block size.
5. A method performed by a communication system including a user equipment and a base station, the method comprising: transmitting, by the base station, scheduling information; receiving, by the user equipment, from a base station, the scheduling information specifying resources on which the user equipment is to receive data from the base station, a modulation and coding indicator, and set selection information; selecting, by the user equipment, one set out of at least two sets of modulation and coding schemes based on the received set selection information, wherein the at least two sets include a first set and a second set, the first set and the second set have a plurality of modulation and coding schemes in common and differ in that the second set includes an additional modulation with an order higher than any modulation in the first set, the additional modulation includes only a 256-QAM modulation, the first set supports 27 levels of transport block size (TBS) indices that are incremented by 1 and the second set supports more than 27 levels of TBS indices of which a subset is not contiguous, and at least two lowest modulation and coding indicators correspond to lowest TBS indices in the first set and to lowest TBS indices in the second set, respectively, and correspond to the same lowest modulation in the first set and in the second set; selecting, by the user equipment, one modulation and coding scheme from the selected set based on the received modulation and coding indicator; transmitting, by the base station, the data to the user equipment on the resources; and receiving, by the user equipment, the data from the base station using the selected modulation and coding scheme.
5. A method performed by a communication apparatus, the method comprising: receiving, from a base station in a communication system, scheduling information specifying resources on which the communication apparatus is to receive data from the base station, a modulation and coding indicator, and set selection information; selecting one set out of at least two sets of modulation and coding schemes based on the received set selection information, wherein the at least two sets include a first set and a second set, the first set and the second set have a plurality of modulation and coding schemes in common and differ in that the second set includes an additional modulation with an order higher than any modulation in the first set, the additional modulation includes only a 256-QAM modulation, the first set supports 27 levels of transport block size (TBS) indices that are incremented by 1 and the second set supports more than 27 levels of TBS indices of which a subset is not contiguous, and at least two lowest modulation and coding indicators correspond to lowest TBS indices in the first set and to lowest TBS indices in the second set, respectively, and correspond to the same lowest modulation in the first set and in the second set; selecting one modulation and coding scheme from the selected set based on the received modulation and coding indicator; and receiving the data from the base station on the scheduled resources using the selected modulation and coding scheme.
6. The method according to claim 5, wherein the set selection information is signaled by higher layer signaling.
6. The method according to claim 5, wherein the set selection information is signaled by higher layer signaling.
7. The method according to claim 5, wherein the scheduling information and the modulation and coding indicator are transmitted on a Physical Downlink Control Channel (PDCCH).
7. The method according to claim 5, wherein the scheduling information and the modulation and coding indicator are transmitted on a Physical Downlink Control Channel (PDCCH).
8. The method according to claim 5, wherein the TBS indices are size indicators each indicating at least one of: (i) the number of bits in a transport block which is to be mapped onto physical resources, and (ii) retransmission without specific indication of the transport block size.
8. The method according to claim 5, wherein the TBS indices are size indicators each indicating at least one of: (i) the number of bits in a transport block which is to be mapped onto physical resources, and (ii) retransmission without specific indication of the transport block size.
Claims 1-8 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 10,686,642. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application discloses a communication system comprising a base station and user device, wherein user device receives from the base station schedule information the allows the user device to select a modulation scheme, and wherein modulation includes only a 256-QAM modulation, the first set supports 27 levels of transport block size (TBS) indices that are incremented by 1 and the second set supports more than 27 levels of TBS indices of which a subset is not contiguous. The patent application discloses the apparatus executing the communication system of the instant application. The instant application only differs wherein modulation includes only a 256-QAM modulation, the first set supports 27 levels of transport block size (TBS) indices that are incremented by 1 and the second set supports more than 27 levels of TBS indices of which a subset is not contiguous transmits the data to the user equipment on the resources, and the receiver of the user equipment, in operation, receives the data from the base station using the selected modulation and coding scheme.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON A HARLEY whose telephone number is (571)270-5435. The examiner can normally be reached 7:30-300 6:30-8:30.
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/JASON A HARLEY/Examiner, Art Unit 2468
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