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 §§ 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/patent/patents-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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-10 are rejected on the ground of nonstatutory obviousness double patenting as being unpatentable over claims 1-10 of patent US 12052724. Please see the direct claim comparison below.
Instant app claim 6
US 12052724, claims 6, 2, 3
A user equipment (UE) in a wireless communication system, the UE comprising:
one or more transceivers: one or more processors; and one or more memories functionally connected to the one or more processors and configured to store instructions performing operations, wherein the operations include:
transmitting UE capability information related to applying spatial quasi co-location (QCL) information;
receiving a plurality of physical downlink control channels (PDCCHs) including scheduling information for a plurality of PDSCHs which are fully or partially overlapped;
based on at least one PDSCH among the plurality of PDSCHs being scheduled within a threshold time duration for applying spatial QCL information,
receiving the plurality of PDSCHs using spatial QCL information of a specific control resource set (CORESET) from among CORESETs related to the plurality of PDCCHs based on the UE capability.
A user equipment (UE) receiving a plurality of physical downlink shared channels (PDSCHs) in a wireless communication system, the UE comprising:
one or more transceivers: one or more processors; and one or more memories functionally connected to the one or more processors and configured to store instructions performing operations, wherein the operations include:
transmitting UE capability information related to a number of simultaneously supportable reception beams;
receiving a plurality of physical downlink control channels (PDCCHs) including PDSCH scheduling information; and
based on at least one PDSCH among the plurality of PDSCHs being scheduled within a time required to apply spatial quasi co-location (QCL) information,
receiving the plurality of PDSCHs using spatial QCL information of a control resource set (CORESET) related to a monitored search space with a lowest CORESET identity, ID, in a latest slot in which one or more CORESETs within an active bandwidth part, BWP, are monitored by the UE.
time locations of the plurality of PDSCHs are overlapped in at least one symbol.
Instant appl. claims
2, 7
3, 8
4, 9
5, 10
US 12052724, claims
6
3
4
5
For compact prosecution, the examiner attempted to contact the applicant’s representative, Song Jung, (left two voice messages on June 23, 2026 and June 30, 2026, respectively at 2024967500). At the time of this office action, no reply has been received.
Conclusion
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/ZHENSHENG ZHANG/Primary Examiner, Art Unit 2474
Prosecution Insights