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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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,785,804. Although the claims at issue are not identical, they are not patentably distinct from each other because.
For claims 1, 7, and 13; U.S. Patent No. 10,785,804 discloses: receiving, by a first base station from a second base station, cell information of a second cell of the second base station (claim 1: receiving, by a first base station from a second base station, a message comprising second bandwidth part (BWP) configuration parameters of a second cell of the second base station), wherein the cell information indicates a subcarrier spacing associated with the second cell (claim 19: a BWP index of the at least one third BWP; a subcarrier spacing parameter; a cyclic prefix parameter indicating whether to use an extended cyclic prefix; or a direct current location parameter); and transmitting, by the first base station to a wireless device and after receiving the cell information of the second cell (claim 1: transmitting, by the first base station to a wireless device, the one or more first BWP configuration parameters), configuration parameters for a random access channel of a first cell of the first base station (claim 2: receiving, by the first base station from the wireless device, a random access preamble via the first initial BWP).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,596,000. Although the claims at issue are not identical, they are not patentably distinct from each other because.
For claims 1, 7, and 13; U.S. Patent No. 11,596,000 discloses: receiving, by a first base station from a second base station, cell information of a second cell of the second base station, wherein the cell information indicates a subcarrier spacing associated with the second cell; and transmitting, by the first base station to a wireless device and after receiving the cell information of the second cell, configuration parameters for a random access channel of a first cell of the first base station (claim 1: receiving, by a first base station from a second base station, cell information of a second cell of the second base station, wherein the cell information indicates a subcarrier spacing associated with the second cell; determining, by the first base station and based on the cell information, configuration parameters for a random access channel of a first cell of the first base station; and transmitting, by the first base station to a wireless device, the configuration parameters).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,028,906. Although the claims at issue are not identical, they are not patentably distinct from each other because.
For claims 1, 7, and 13; U.S. Patent No. 12,028,906 discloses: receiving, by a first base station from a second base station, cell information of a second cell of the second base station, wherein the cell information indicates a subcarrier spacing associated with the second cell; and transmitting, by the first base station to a wireless device and after receiving the cell information of the second cell, configuration parameters for a random access channel of a first cell of the first base station (claim 1: receiving, by a first base station from a second base station, cell information of a second cell of the second base station, wherein the cell information indicates a subcarrier spacing associated with the second cell; and transmitting, by the first base station to a wireless device, configuration parameters for a random access channel of a first cell of the first base station, wherein the configuration parameters are based on the cell information of the second cell).
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 2, 5, 7, 8, 11, 13, 14, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2020/0313832) (“Kim”) in view of Orsino et al. (US 2020/0119898) (“Orsino”).
For claims 1, 7, and 13; Kim discloses: receiving, by a first base station from a second base station, cell information of a second cell of the second base station (paragraph 207: gNB 1 may transmit configuration information regarding the BWP of the UE to the gNB 2 (2k-01). For example, if a handover regarding the UE is determined, the gNB 1 may transmit information regarding the BWP capability supported by the UE, or configuration information of the BWP currently applied to the UE, to the gNB 2 (target cell)); and transmitting, by the first base station to a wireless device and after receiving the cell information of the second cell, configuration parameters for a random access channel of a first cell of the first base station (paragraph 208-210: gNB 2 may generate GWP configuration information to be applied in the gNB 2, based on the configuration information regarding the BWP of the UE (2k-02). The gNB 2 may transmit the BWP configuration information to the gNB 1… After receiving the BWP configuration information to be applied in the gNB 2, the gNB 1 may transmit the BWP configuration information to the UE… UE may perform a random access with the gNB 2 based on the BWP configuration information).
Kim does not expressly disclose, but Orsino from similar fields of endeavor teaches: wherein the cell information indicates a subcarrier spacing associated with the second cell (paragraph 9, Table 1: contents of a BandwidthPart-config information element is as follows:…Subcarrier spacing to be used in this BWP… rach-ConfigCommon SetupRelease { RACH-ConfigCommon }). Thus it would have been obvious to the person of ordinary skill in the art at the time of the invention to implement the signaling as described by Orsino in the multi-cell BWP management as described by Kim. The motivation is to improve handover signaling overhead at the UE.
For claims 2, 8, and 14; Kim discloses the subject matter in claim 1 as described above in the office action.
Kim does not expressly disclose, but Orsino from similar fields of endeavor teaches: wherein the subcarrier spacing is associated with a bandwidth part of the second cell (paragraph 9, Table 1: contents of a BandwidthPart-config information element is as follows:…Subcarrier spacing to be used in this BWP… rach-ConfigCommon SetupRelease { RACH-ConfigCommon }). Thus it would have been obvious to the person of ordinary skill in the art at the time of the invention to implement the signaling as described by Orsino in the multi-cell BWP management as described by Kim. The motivation is to improve handover signaling overhead at the UE.
For claims 5, 11, and 18; Kim discloses the subject matter in claim 1 as described above in the office action.
Kim does not expressly disclose, but Orsino from similar fields of endeavor teaches: herein the configuration parameters comprise a first subcarrier spacing associated with the first cell of the first base station and based on the subcarrier spacing associated with the second cell (paragraph 60: If the BWP configuration is the same for both cells, then either: 1) the target node 404 indicates whether this is still valid or not (the source node 402 can then indicate to the UE 406 to keep the latest BWP configuration or not); or 2) the target node 404 directly indicates to the UE 406 to keep the latest BWP configuration). Thus it would have been obvious to the person of ordinary skill in the art at the time of the invention to implement the configuration as described by Orsino in the multi-cell BWP management as described by Kim. The motivation is to improve RACH success.
For claims 20; Kim discloses: the first base station to transmit, to the second base station, the configuration parameters for the random access channel of the first cell (paragraph 208-210: gNB 2 may generate GWP configuration information to be applied in the gNB 2, based on the configuration information regarding the BWP of the UE (2k-02). The gNB 2 may transmit the BWP configuration information to the gNB 1… After receiving the BWP configuration information to be applied in the gNB 2, the gNB 1 may transmit the BWP configuration information to the UE… UE may perform a random access with the gNB 2 based on the BWP configuration information).
Claim(s) 3, 4, 9, 10, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Orsino as applied to claim 1 above, and further in view of Ly et al. (US 2019/0124646) (“Ly”).
For claims 3, 9, and 15; Kim discloses the subject matter in claim 1 as described above in the office action.
Kim does not expressly disclose, but Ly from similar fields of endeavor teaches: wherein the subcarrier spacing is associated with an initial bandwidth part of the second cell (paragraph 137, 154: RMSI includes a numerology of the initial active uplink bandwidth part, wherein the numerology comprises at least one of: a subcarrier spacing for the RACH procedure, a cyclic prefix for the RACH procedure, or a number of symbols per slot for the RACH procedure). Thus it would have been obvious to the person of ordinary skill in the art at the time of the invention to implement the minimum configuration information as described by Ly in the multi-cell BWP management as described by Kim. The motivation is to improve RACH success.
For claims 4, 10, and 16; Kim discloses the subject matter in claim 1 as described above in the office action.
Kim does not expressly disclose, but Ly from similar fields of endeavor teaches: wherein the subcarrier spacing is associated with a random access resource of the second cell (paragraph 137, 154: RMSI includes a numerology of the initial active uplink bandwidth part, wherein the numerology comprises at least one of: a subcarrier spacing for the RACH procedure, a cyclic prefix for the RACH procedure, or a number of symbols per slot for the RACH procedure). Thus it would have been obvious to the person of ordinary skill in the art at the time of the invention to implement the minimum configuration information as described by Ly in the multi-cell BWP management as described by Kim. The motivation is to improve RACH success.
Claim(s) 6, 12, 17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Orsino as applied to claim 1 above, and further in view of Xiong et al. (US 2024/0049294) (“Xiong”).
For claims 6, 12, and 19; Kim discloses the subject matter in claim 1 as described above in the office action.
Kim does not expressly disclose, but Xiong from similar fields of endeavor teaches: receiving, by the first base station from the wireless device, a random access preamble via the random access channel (paragraph 49: determining a random access channel and a random access preamble according to the configuration information, and determining the transmit power of the random access preamble according to the configuration information and the reference signal receiving power; and [0053] transmitting the random access preamble on the random access channel according to the transmit power). Thus it would have been obvious to the person of ordinary skill in the art at the time of the invention to implement the minimum configuration information as described by Xiong in the multi-cell BWP management as described by Kim. The motivation is to implement the RACH process.
For claim 17; Kim discloses the subject matter in claim 1 as described above in the office action.
Kim does not expressly disclose, but Xiong from similar fields of endeavor teaches: wherein the cell information comprises at least one of: a cell identifier of the second cell; or frequency information of a random access resource of the second cell, wherein the frequency information of the random access resource comprises at least one of: a parameter indicating a frequency offset; or a parameter indicating a bandwidth (paragraph 190: configuring indication information about a position of lowest PRACH transmission occasion in frequency domain; and, configuring indication information about a frequency offset between adjacent PRACHs). Thus it would have been obvious to the person of ordinary skill in the art at the time of the invention to implement the minimum configuration information as described by Xiong in the multi-cell BWP management as described by Kim. The motivation is to implement the RACH process.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zeng et al. (US 2019/0044782); Zeng discloses the base station classifies PRACH signals with different subcarrier spacings into at least two groups based on the subcarrier spacings (Subcarrier Spacing, SP) of the PRACH signals, each group corresponds to one type of uplink subcarrier spacing, the indication information includes a subcarrier spacing of a PRACH signal corresponding to a first group in the at least two groups, and the first group is a group corresponding to the first uplink subcarrier spacing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D BLANTON whose telephone number is (571)270-3933. The examiner can normally be reached 7am-6pm EST, Mon-Thu.
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/JOHN D BLANTON/ Primary Examiner, Art Unit 2466
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