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 .
The claims filed on 10/11/2024 are entered and acknowledge. Claims 1 have been amended. Claims 2-6 have been added. Claims 1-6 are currently pending in the instant application.
Drawings
The drawings filed on 06/25/2024 have been considered.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 09/11/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Allowable Subject Matter
Claims 1-6 would be allowable, provided that all other rejections under 35 USC 101/112 and/or double patenting are obviated upon upcoming amendments/arguments without raising new issue that necessitate further consideration/searches.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims 51-52, 61-62 and 71-72 of U.S. Patent No(s). 12,185,310. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the listed patent(s) with obvious wording variations.
It would have been obvious to a person of ordinary skill was made to modify and/or to omit the additional elements of claims 1-6 of the instant application to arrive at the claims 1-20, particularly claim 51-52, 61-62 and 71-72 of patent 12,185,310 because the ordinary skilled person would have realized that the remaining element(s) would perform the same functions as before. "Omission and/or addition of elements and its function in combination is obvious expedient if the remaining elements perform same functions as before. See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, US Court of Customs and patent Appeals.
This is a non-provisional double patenting rejection since the claims directed to the same invention have in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Shi et al. Pub. No.: (US 2021/0409167 A1). The subject matter disclosed therein is pertinent to that of claims 1-6 (e.g., Downlink data transmission method, terminal device, and storage medium).
Kim et al. Pub. No.: (US 2022/0174708 A1). The subject matter disclosed therein is pertinent to that of claims 1-6 (e.g., Method for transmitting and receiving physical downlink shared channel in wireless communication system, and device therefor).
Jiang et al. Pub. No.: (US 2021/0219327 A1). The subject matter disclosed therein is pertinent to that of claims 1-6 (e.g., Methods and devices for transmitting and receiving data, communication apparatus and system, and storage medium).
Chung et al. Pub. No.: (US 2021/0266769 A1). The subject matter disclosed therein is pertinent to that of claims 1-6 (e.g., Method and apparatus for transmitting or receiving channel state information in wireless communication system).
Bagheri et al. Pub. No.: (US 2020/0314881 A1). The subject matter disclosed therein is pertinent to that of claims 1-6 (e.g., Method and apparatus for downlink resource allocation for multi-transmission and reception point transmission).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAO DUC DUONG whose telephone number is (571)272-2350. The examiner can normally be reached on M-F 9-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Gillis can be reached on (571)272-7952. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T. D./
Examiner, Art Unit 2446
/MICHAEL A KELLER/Primary Patent Examiner, Art Unit 2446
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