DETAILED ACTION
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 .
This is responsive to application 18/775,956 filed 07/17/2024 in which claims 1-20 are presented for examination.
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.
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12,063,656 B2. Although the claims at issue are not identical, they are not patentably distinct from each other. See table below.
Current application 18/775,956
Patent 12,063,656 B2
Claim 1
Claim 1
Claim 2
Claim 1
Claim 3
Claim 2
Claim 4
Claim 2
Claim 5
Claim 1
Claim 6
Claim 3
Claim 7
Claim 4
Claim 8
Claim 6
Claim 9
Claim 6
Claim 10
Claim 7
Claim 11
Claim 7
Claim 12
Claim 6
Claim 13
Claim 3
Claim 14
Claim 4
Claim 15
Claim 1
Claim 16
Claim 1
Claim 17
Claim 2
Claim 18
Claim 2
Claim 19
Claim 1
Claim 20
Claim 3
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rastegardoost et al (US 2023/0209530 A1).
Regarding claim 1, Rastegardoost teaches a method for wireless communications by at a user equipment (UE) (Rastegardoost: Fig. 18; wireless device), comprising:
receiving downlink control information (DCI) scheduling a plurality of physical downlink shared channel (PDSCH) transmissions of a first priority (Rastegardoost: Fig. 18; [0264], DCI scheduling PDSCH of a first priority), wherein the DCI comprises a priority indicator (PI) field indicating one or more parameters to apply when at least one previously scheduled transmission of a second priority collides with one or more physical uplink control channel (PUCCH) transmissions acknowledging one or more of the plurality of PDSCH transmissions of the first priority (Rastegardoost: Fig. 18; [0264], DCI comprising priority indication field and PUCCH corresponding to PDSCH of the priority 1/first priority overlapping with second PUSCH/previously scheduled transmission of a priority 0/second priority), and wherein the one or more parameters comprise respective priority index values associated with each of the one or more PUCCH transmissions acknowledging the one or more of the plurality of PDSCH transmissions (Rastegardoost: Figs. 18 and 24; [0313]-[0315], DCI comprising priority indication filed being a bitmap comprising priority index values); and
applying the one or more parameters indicated in the PI field to the one or more PUCCH transmissions acknowledging the one or more of the plurality of PDSCH transmissions of the first priority (Rastegardoost: Figs. 18 and 24; [0333]-[0334], applying priority index values of the DCI to the PUCCHs corresponding the PDSCHs).
Regarding claim 8, Rastegardoost teaches an apparatus for wireless communications at a user equipment (UE) (Rastegardoost: Fig. 18; wireless device), comprising: one or more memories comprising instructions; and one or more processors, individually or collectively, configured to execute the instructions to cause the apparatus to:
receive downlink control information (DCI) scheduling a plurality of physical downlink shared channel (PDSCH) transmissions of a first priority (Rastegardoost: Fig. 18; [0264], DCI scheduling PDSCH of a first priority), wherein the DCI comprises a priority indicator (PI) field indicating one or more parameters to apply when at least one previously scheduled transmission of a second priority collides with one or more physical uplink control channel (PUCCH) transmissions acknowledging one or more of the plurality of PDSCH transmissions of the first priority (Rastegardoost: Fig. 18; [0264], DCI comprising priority indication field and PUCCH corresponding to PDSCH of the priority 1/first priority overlapping with second PUSCH/previously scheduled transmission of a priority 0/second priority), and wherein the one or more parameters comprise respective priority index values associated with each of the one or more PUCCH transmissions acknowledging the one or more of the plurality of PDSCH transmissions (Rastegardoost: Figs. 18 and 24; [0313]-[0315], DCI comprising priority indication filed being a bitmap comprising priority index values); and
apply the one or more parameters indicated in the PI field to the one or more PUCCH transmissions acknowledging the one or more of the plurality of PDSCH transmissions of the first priority (Rastegardoost: Figs. 18 and 24; [0333]-[0334], applying priority index values of the DCI to the PUCCHs corresponding the PDSCHs).
Regarding claim 15, Rastegardoost teaches a non-transitory computer-readable medium comprising executable instructions that, when executed by at least one processor of a user equipment (UE) (Rastegardoost: Fig. 18; wireless device), cause the UE to perform a method, comprising:
receiving downlink control information (DCI) scheduling a plurality of physical downlink shared channel (PDSCH) transmissions of a first priority (Rastegardoost: Fig. 18; [0264], DCI scheduling PDSCH of a first priority), wherein the DCI comprises a priority indicator (PI) field indicating one or more parameters to apply when at least one previously scheduled transmission of a second priority collides with one or more physical uplink control channel (PUCCH) transmissions acknowledging one or more of the plurality of PDSCH transmissions of the first priority (Rastegardoost: Fig. 18; [0264], DCI comprising priority indication field and PUCCH corresponding to PDSCH of the priority 1/first priority overlapping with second PUSCH/previously scheduled transmission of a priority 0/second priority), and wherein the one or more parameters comprise respective priority index values associated with each of the one or more PUCCH transmissions acknowledging the one or more of the plurality of PDSCH transmissions (Rastegardoost: Figs. 18 and 24; [0313]-[0315], DCI comprising priority indication filed being a bitmap comprising priority index values); and
applying the one or more parameters indicated in the PI field to the one or more PUCCH transmissions acknowledging the one or more of the plurality of PDSCH transmissions of the first priority (Rastegardoost: Figs. 18 and 24; [0333]-[0334], applying priority index values of the DCI to the PUCCHs corresponding the PDSCHs).
Regarding claims 2, 9 and 16, Rastegardoost teaches wherein the first priority is higher than the second priority (Rastegardoost: Fig. 18; [0248], [0291], PDSCH with priority 1 and PUSCH with priority 0).
Regarding claims 3, 10 and 17, Rastegardoost teaches wherein the one or more of the plurality of PDSCH transmissions of the first priority comprise ultra-reliable low latency communications (URLLC) transmissions (Rastegardoost: Fig. 18; [0248], [0291], PDSCH with priority 1 such as URLLC and PUSCH with priority 0 such as eMBB).
Regarding claims 4, 11 and 18, Rastegardoost teaches wherein the at least one previously scheduled transmission of the second priority comprise an enhanced mobile broadband (eMBB) transmission (Rastegardoost: Fig. 18; [0248], [0291], PDSCH with priority 1 such as URLLC and PUSCH with priority 0 such as eMBB).
Regarding claims 5, 12 and 19, Rastegardoost teaches wherein the PI field comprises a bitmap indicating the one or more of the plurality of PDSCH transmissions scheduled by the DCI to which the PI field applies (Rastegardoost: Figs. 18 and 24; [0313]-[0315], DCI comprising priority indication filed being a bitmap comprising priority index values).
Regarding claims 6, 13 and 20, Rastegardoost teaches wherein each bit of the bitmap indicates a priority of at least one transport block (TB) scheduled by the DCI (Rastegardoost: Figs. 18 and 24; [0313]-[0315], DCI comprising priority indication filed being a bitmap comprising priority index values).
Regarding claims 7 and 14, Rastegardoost teaches wherein: a number of TBs scheduled by the DCI exceeds a number of bits in the bitmap; and each bit of the bitmap indicates a priority of a different group of one or more TBs scheduled by the DCI (Rastegardoost: Figs. 18 and 24; [0315], each bit indicating priority of first and second PDSCHs or consecutives PDSCHs).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KODZOVI ACOLATSE whose telephone number is (571)270-1999. The examiner can normally be reached Monday to Friday 10 am to 6pm.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Avellino Joseph can be reached at (571) 272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KODZOVI ACOLATSE/Primary Examiner, Art Unit 2478
Prosecution Insights