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 the Response to Election/Restriction filed 5/18/2026: Applicant elects, without traverse, group I (claims 1-8 and 14-20) for examination; group II (claims 9-13) are withdrawn from consideration.
Claim Objections
Claims 9-13 are objected to because of the following informalities:
Claims 9-13 are withdrawn and should be cancelled prior to allowance.
Appropriate correction is required.
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, 2, 7, 14, 18, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 6, 9, and 12 of U.S. Patent No. 12047129. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the pending application 18/777,992 are similar to the claims of U.S. Patent No. 12047129.
Claim 1 of pending application is similar to claim 1 lines 1-23 and claim 12 lines 1-23 of U.S. Patent No. 12047129.
Claim 2 of pending application is similar to claim 5 and claim 9 of U.S. Patent No. 12047129.
Claim 7 of pending application is similar to claim 6 of U.S. Patent No. 12047129.
Claim 14 of pending application is similar to claim 1 lines 1-23 and claim 12 lines 1-23 of U.S. Patent No. 12047129.
Claim 18 of pending application is similar to claim 5 and claim 9 of U.S. Patent No. 12047129.
Claim 19 of pending application is similar to claim 6 of U.S. Patent No. 12047129.
Allowable Subject Matter
Claims 1, 2, 7, 14, 18, and 19 are allowed (pending double patenting rejections).
Claims 6, 8, 16, 17, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance (pending double patenting rejections):
Independent claim 1:
U.S. Publication No. 20130005240 to Novak et al disclose in Figures 1-13 a system for wireless communication, comprising:
A network-side server (COLD server 122).
A plurality of network nodes (BS’s, such as BS 104-3).
Wherein each of the plurality of network nodes is configured to serve a corresponding plurality of mobile devices (UE 110-3A and UE 110-3B) in a surrounding area (BS 104-3 serves UE 110-3A and UE 110-3B in coverage area 102-3).
Wherein at least one network node of the plurality of network nodes is configured to:
Transmit (steps 722, 724, 808, 810), to the network-side server, channel condition information and scheduling information for one or more of the corresponding plurality of mobile devices … Steps 722, 724, 808, 810: BS 104-3 transmits channel condition information and scheduling information of UE 110-3A and UE 110-3B to COLD server 122. Sections 0036, 0041, 0074, 0076, 0081, 0082, 0084, and 0091: the channel condition information includes interference conditions of UE 110-3A and UE 110-3B; the scheduling information includes channel/radio resource usage such as assignment of resources to UE 110-3A and UE 110-3B.
Receive (steps 918 and 926), from the network-side server, control information (radio resource availability messages) for scheduling transmissions to or from each of the one or more of the corresponding plurality of mobile devices … Steps 918 and 926: Based on the channel condition information and scheduling information received from BS 104-3, COLD server 122 transmits to BS 104-3 radio resource availability messages which schedule radio resources for UE 110-3A and UE 110-3B to perform transmission and reception.
Control (steps 920, 922, 924, 928, and 930), based on the control information, a communication to or from the one or more of the corresponding plurality of mobile devices at a … time or a different frequency band (not in reference; claim is in “or” form) or a different spatial direction (not in reference; claim is in “or” form). Steps 920, 922, 924, 928, and 930: BS 104-3 controls communications to/from UE 110-3A and UE 110-3B using the radio resource availability messages from COLD server 122. UE 110-3A and UE 110-3B uses resources of the radio resource availability messages from BS 104-3 to perform communications (claimed “control, based on the control information, a communication to or from the one or more of the corresponding plurality of mobile devices at a … time”). Refer to also Sections 0032-0127.
Novak et al do not disclose … control, based on the control information, a communication to or from the one or more of the corresponding plurality of mobile devices at a future time or a different frequency band (not in reference; claim is in “or” form) or a different spatial direction (not in reference; claim is in “or” form). Novak et al only disclose in Sections 0054, 0076, 0083, 0098, 0102, and 0108 wherein UE determines channel condition information that can be used for future use and to determine what radio services to use to communicate at some future time, such as future scheduling and future assignments. However, Novak et al do not specifically disclose that BS assigns radio resources for UE to use at a future time.
U.S. Publication No. 20080212539 to Bottomley et al disclose in Figures 1-7 and Sections 0021-0050, 0081 wherein BS transmits future resource allocations to UE, and UE uses the resource allocations to perform communications at a future TTI (claimed “control, based on the control information, a communication to or from the one or more of the corresponding plurality of mobile devices at a future time or a different frequency band (not in reference; claim is in “or” form) or a different spatial direction (not in reference; claim is in “or” form)).
Novak et al and Bottomley et al do not disclose … wherein the channel condition information comprises channel-coupling data between the at least one network node and the one or more of the corresponding plurality of mobile devices …
U.S. Publication No. 20040240590 to Cameron et al disclose in Sections 0362, 0364, and 0368 wherein there is channel-coupling data between BS and UE. Also, U.S. Publication No. 20210007156 to Yu et al disclose in Sections 0048, 0049, 0053, 0056, and 0064 wherein BS can assign channels between BS and UE based on the condition of the channel between BS and UE, wherein the channel between BS and UE is channel-coupling data, as disclosed by Cameron et al.
Novak et al, Bottomley et al, Cameron et al, and Yu et al do not disclose … wherein the control information comprises one or more weighting coefficients, and wherein a derivation of the one or more weighting coefficients is based on the channel-coupling data …
U.S. Publication No. 20020012380 to Hottinen et al disclose in Sections 0058-0069 wherein weighting coefficients are based on channel conditions; weighting coefficients can be changed dynamically according to the channel conditions over the radio connection between BS and UE.
However, none of the prior art disclose the limitations “… wherein the control information comprises one or more weighting coefficients, and wherein a derivation of the one or more weighting coefficients is based on the channel-coupling data and the scheduling information …”, and can be combined with Novak et al, Bottomley et al, Cameron et al, Yu et al, and Hottinen et al.
Independent claim 14:
U.S. Publication No. 20130005240 to Novak et al disclose in Figures 1-13 a wireless communication method, comprising:
Transmitting (steps 722, 724, 808, 810), by at least one network node (BS 104-3) of a plurality of network nodes (BS’s) to network-side server (COLD server 122), channel condition information and scheduling information for one or more of the plurality of mobile devices (UE 110-3A and UE 110-3B), wherein the plurality of mobile devices is being served by the at least one network node (BS 104-3 serves UE 110-3A and UE 110-3B in coverage area 102-3). Steps 722, 724, 808, 810: BS 104-3 transmits channel condition information and scheduling information of UE 110-3A and UE 110-3B to COLD server 122. Sections 0036, 0041, 0074, 0076, 0081, 0082, 0084, and 0091: the channel condition information includes interference conditions of UE 110-3A and UE 110-3B; the scheduling information includes channel/radio resource usage such as assignment of resources to UE 110-3A and UE 110-3B.
Receiving (steps 918 and 926), by the at least one network node from the network-side server, control information (radio resource availability messages) for scheduling transmissions to or from each of the one or more of the one or more of the plurality of mobile devices ... Steps 918 and 926: Based on the channel condition information and scheduling information received from BS 104-3, COLD server 122 transmits to BS 104-3 radio resource availability messages which schedule radio resources for UE 110-3A and UE 110-3B to perform transmission and reception.
Controlling (steps 920, 922, 924, 928, and 930), based on the control information, a communication to or from the one or more of the plurality of mobile devices at a … time or a different frequency band (not in reference; claim is in “or” form) or a different spatial direction (not in reference; claim is in “or” form). Steps 920, 922, 924, 928, and 930: BS 104-3 controls communications to/from UE 110-3A and UE 110-3B using the radio resource availability messages from COLD server 122. UE 110-3A and UE 110-3B uses resources of the radio resource availability messages from BS 104-3 to perform communications (claimed “controlling, based on the control information, a communication to or from the one or more of the plurality of mobile devices at a … time"). Refer to also Sections 0032-0127.
Novak et al do not disclose … controlling, based on the control information, a communication to or from the one or more of the plurality of mobile devices at a future time or a different frequency band (not in reference; claim is in “or” form) or a different spatial direction (not in reference; claim is in “or” form). Novak et al only disclose in Sections 0054, 0076, 0083, 0098, 0102, and 0108 wherein UE determines channel condition information that can be used for future use and to determine what radio services to use to communicate at some future time, such as future scheduling and future assignments. However, Novak et al do not specifically disclose that BS assigns radio resources for UE to use at a future time.
U.S. Publication No. 20080212539 to Bottomley et al disclose in Figures 1-7 and Sections 0021-0050, 0081 wherein BS transmits future resource allocations to UE, and UE uses the resource allocations to perform communications at a future TTI (claimed “controlling, based on the control information, a communication to or from the one or more of the plurality of mobile devices at a future time or a different frequency band (not in reference; claim is in “or” form) or a different spatial direction (not in reference; claim is in “or” form)).
Novak et al and Bottomley et al do not disclose … wherein the control information comprises one or more weighting coefficients, and wherein a derivation of the one or more weighting coefficients is based on the channel-coupling data …
U.S. Publication No. 20020012380 to Hottinen et al disclose in Sections 0058-0069 wherein weighting coefficients are based on channel conditions; weighting coefficients can be changed dynamically according to the channel conditions over the radio connection between BS and UE.
However, none of the prior art disclose the limitations “… wherein the control information comprises one or more weighting coefficients, and wherein a derivation of the one or more weighting coefficients is based on the channel-coupling data and the scheduling information …”, and can be combined with Novak et al, Bottomley et al, and Hottinen 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. 20200099990 to Boggia et al disclose in Figures 1-3 wherein a server assigns determines radio resources to be assigned to UEs, and transmits the radio resource assignments to BS; BS then assigns the radio resources to UEs. Refer to Sections 0073-0129.
U.S. Publication No. 20090296595 to Khoshnevis et al disclose in Figures 1-10 and Sections 0022-0031 a BS that is configured to allocate resources to UEs by receiving requested channel quality indicator values corresponding to a measured channel quality from the UEs and then estimating the UEs to be scheduled at a future time. Refer to Sections 0015-0085.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
September 21, 2026
