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 .
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 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 1-20, see above for claim groupings, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6 of U.S. Patent No. 11115098 B2 and claims 1-5 and 6 of U.S. Patent No. 12088382 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof.
Application Claims
‘098 Patent
382’ Patent
1, 8, and 15. A user equipment (UE) baseband processor configured to cause a UE to: RRC configuration information comprising:a channel quality indicator (CQI) table indication identifying a CQI table from a plurality of CQI tables; and a modulation and coding scheme (MCS) table indication identifying an MCS table from one of a first MCS table and a second MCS table, wherein the first MCS table identifies respective higher target code rates than target code rates identified in the second MCS table; determine, based on a transport block error probability, a CQI index from the CQI table, wherein the CQI index is determined based on a threshold for the transport block error probability, wherein the threshold is one of a 0.1 threshold and a 0.00001 threshold, as indicated by the CQI table indication; transmit an indication of the CQI index to the base station; and receive a downlink (DL) grant using the identified MCS table.
2, 9, and 16. The UE baseband processor of claim 1, wherein the second MCS table includes the following modulation order and target code rate for MCS index values of 0-3:
3, 10, and 17. The UE baseband processor of claim 1, wherein the CQI table is as follows:
4, 11, and 18. The UE baseband processor of claim 1, wherein the RRC configuration information further includes an indication of a MCS table for uplink communication.
5, 12, and 19. The UE baseband processor of claim 4, wherein the indication of the MCS table for uplink communication is included in a physical uplink shared channel configuration information element.
6, 13, and 20. The UE baseband processor of claim 1, wherein the MCS table indication is included in a physical downlink shared channel configuration information element.
7 and 14. The UE baseband processor of claim 1, wherein the MCS table has a highest modulation of 16QAM.
1. An apparatus, comprising: a processor configured to cause a user equipment (UE) to: decode first RRC configuration information received from a base station, the first RRC configuration information including a channel quality indicator (CQI) table indication identifying a CQI table; decode second RRC configuration information, the second RRC configuration information including a modulation coding scheme (MCS) table indication identifying an MCS table, the identified MCS table comprising one of a first MCS table and a second MCS table; encode channel state information (CSI), the CSI including a CQI index associated with the CQI table, the CQI index for MCS selection by the base station; decode downlink control information (DCI) received via a physical downlink control channel (PDCCH), the DCI providing a downlink (DL) grant for a physical downlink shared channel (PDSCH) reception and an MCS index to the MCS table; select a target code rate (TCR) using the identified MCS table based on the MCS index, wherein if the first MCS table is identified, a higher TCR is selected based on the MCS index than it the second MCS table is identified, wherein the second MCS table includes the following modulation order and target code rate for MCS index values of 0-5: and decode the PDSCH based on the DL grant and using modulation order and target code rate corresponding to the MCS index to the MCS table.
2. The apparatus of claim 1, wherein the processor is further configured to cause the UE to: determine the CQI index for reporting as part of the CSI based on the CQI table indication and a transport block error probability associated with the CQI table.
3. The apparatus of claim 2, wherein the processor is further configured to cause the UE to: determine the transport block error probability is 0.1 or 0.00001 and is determined based on the CQI table indication.
4. The apparatus of claim 1, wherein the CQI table is as follows:
See claim 1.
6. The apparatus of claim 1, wherein the processor is further configured to cause the UE to: decode a third RRC configuration information, the third RRC configuration information including an MCS table indication identifying an MCS table for uplink communications.
See claim 1.
See claim 1.
1. An apparatus, comprising: a processor configured to cause a user equipment (UE) to: receive radio resource control (RRC) configuration information from a base station, the RRC configuration information including: a channel quality indicator (CQI) table indication identifying a CQI table of a plurality of CQI tables; and an MCS table indication identifying an MCS table, the identified MCS table comprising one of a first MCS table and a second MCS table, wherein the first MCS table identifies respective higher target code rates for respective MCS indexes than corresponding respective target code rates for the respective MCS indexes according to the second MCS table; determine, based on a transport block error probability associated with the CQI table, a CQI index associated with the CQI table, the CQI index for MCS selection by the base station, wherein the transport block error probability is one of 0.1 or 0.00001 and is determined based on the CQI table indication; transmit, to the base station, an indication of the CQI index; and receive a downlink (DL) grant using the identified MCS table, wherein the second MCS table includes the following modulation order and target code rate for MCS index values of 0-3: TABLE-US-00001 MCS Index Modulation Order Target code Rate Spectral I.sub.MCS Q.sub.m R × [1024] efficiency 0 2 30 0.0586 1 2 40 0.0781 2 2 50 0.0977 3 2 64 0.1250.
See claim 1.
2. The apparatus of claim 1, wherein the CQI table is as follows:
3. The apparatus of claim 1, wherein the RRC configuration information further includes an indication of a MCS table for uplink communication.
4. The apparatus of claim 3, wherein the indication of the MCS table for uplink communication is included in a physical uplink shared channel configuration information element.
5. The apparatus of claim 1, wherein the MCS table indication is included in a physical downlink shared channel configuration information element.
7. The apparatus of claim 1, wherein the MCS table has a highest modulation of 16QAM.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fröberg Olsson et al. (US 2016/0226623 A1) - The MCS is to be used for a transmission between the user equipment and any one or more out of the network node or a second network node. The user equipment has knowledge about a modulation and coding index table.
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 DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at 571-272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DONALD L. MILLS
Primary Examiner
Art Unit 2462
/Donald L Mills/ Primary Examiner, Art Unit 2462
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