DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
1. The following is a non-final office action in response to the applicant’s submission received 09/30/2024.
2. Claims 5, 7, 9 – 10, 15, 17 and 19 - 22 have been amended. No new matter has/have been introduced.
3. Claims 1 - 22 are currently pending and have been examined.
Foreign Priority/Domestic benefit
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application: Chinese Patent Application No. 201910118041.3, filed on February 15, 2019.
Domestic benefit has been claimed with regards U.S. Patent Application No. 17/402,069, filed on August 13, 2021, issued as U.S. Patent 12,074,816, which is a continuation of International Application No. PCT/CN2020/073644, filed on January 21, 2020.
Information Disclosure Statement
1. The information disclosure statement filed on 10/04/2024 and 02/25/2026 are in compliance with the provision of 37 CFR 1.97, 1.98 and MPEP § 609. It has been placed in the application file and the information referred to therein has been considered as to the merits.
Objection to the Specification
1. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
2. Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
In this application the abstract submitted on 07/26/2024 repeats information given in the title, 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.
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 – 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3 – 6, 8 – 11, 13, 15 -24 of U.S. Patent No. 12/074816. Although the claims at issue are not identical, they are not patentably distinct from each other. See the analysis in the table below:
PAT 12/074,816
18/786, 125
1. A communication method, comprising:
…determining time domain index information corresponding to the identification information;
… wherein the identification information identifies a network device,
… determining a time domain resource of the reference signal that corresponds to the time domain index information in the period;
determining a period of a reference signal based on identification information, sequence indication information, and frequency domain indication information, …the sequence indication information indicates one or more candidate sequences, and the frequency domain indication information indicates one or more candidate frequency domain resources;
…and sending the reference signal on a transmission resource, wherein the transmission resource comprises a sequence, a frequency domain resource, and the time domain resource of the reference signal.
1. (Original): A communication method, comprising:
determining time domain index information corresponding to identification information, wherein the identification information identifies a network device;
determining a time domain resource of a reference signal that corresponds to the time domain index information in a period,
wherein the period is associated with the identification information, sequence indication information, and frequency domain indication information, the sequence indication information indicates one or more candidate sequences, and the frequency domain indication information indicates one or more candidate frequency domain resources; and
sending the reference signal on a transmission resource, wherein the transmission resource comprises a sequence, a frequency domain resource, and the time domain resource of the reference signal.
6. The method according to claim 1, wherein the time domain resource is in one or more uplink-downlink switching periods; the time domain resource of the reference signal is determined further based on one or more of first indication information, second indication information, or third indication information; the first indication information indicates a quantity of times of repeatedly sending the reference signal; the second indication information indicates a position, of a symbol that carries the reference signal, in an uplink-downlink switching period; and the third indication information indicates an uplink-downlink switching period for carrying the reference signal and that is in a first uplink-downlink switching period and a second uplink-downlink switching period.
2. The method according to claim 1, wherein the time domain resource is in one or more uplink-downlink switching periods; the time domain resource of the reference signal is determined further based on one or more of first indication information, second indication information, or third indication information; the first indication information indicates a quantity of times of repeatedly sending the reference signal; the second indication information indicates a position, of a symbol that carries the reference signal, in an uplink-downlink switching period; and the third indication information indicates an uplink-downlink switching period for carrying the reference signal and that is in a first uplink-downlink switching period and a second uplink-downlink switching period.
3. The method according to claim 2, wherein the determining, from the candidate sequences, the sequence of the reference signal corresponding to the identification information comprises: determining sequence index information corresponding to the identification information, and determining, from the candidate sequences, the sequence of the reference signal corresponding to the sequence index information.
3. (Original): The method according to claim 1, further comprising: determining sequence index information corresponding to the identification information, and determining, from candidate sequences, the sequence of the reference signal corresponding to the sequence index information.
5. The method according to claim 2, wherein the determining, from the candidate frequency domain resources, the frequency domain resource corresponding to the identification information comprises: determining frequency domain index information corresponding to the identification information, and determining, from the candidate frequency domain resources, the frequency domain resource corresponding to the frequency domain index information.
4. (Original): The method according to claim 1, further comprising: determining frequency domain index information corresponding to the identification information, and determining, from the candidate frequency domain resources, the frequency domain resource corresponding to the frequency domain index information.
4. The method according to claim 3, wherein a value of a most significant bit in the sequence index information is determined by interference cancellation state indication information.
5. (Currently Amended): The method according to claim 3, wherein a value of a most significant bit in the sequence index information is determined by interference cancellation state indication information.
6. The method according to claim 1, wherein the time domain resource is in one or more uplink-downlink switching periods; the time domain resource of the reference signal is determined further based on one or more of first indication information, second indication information, or third indication information; the first indication information indicates a quantity of times of repeatedly sending the reference signal; the second indication information indicates a position, of a symbol that carries the reference signal, in an uplink-downlink switching period; and the third indication information indicates an uplink-downlink switching period for carrying the reference signal and that is in a first uplink-downlink switching period and a second uplink-downlink switching period.
6. The method according to claim 1, wherein the time domain resource is in one or more uplink-downlink switching periods; the time domain resource of the reference signal is determined further based on one or more of first indication information, second indication information, or third indication information; the first indication information indicates a quantity of times of repeatedly sending the reference signal; the second indication information indicates a position, of a symbol that carries the reference signal, in an uplink-downlink switching period; and the third indication information indicates an uplink-downlink switching period for carrying the reference signal and that is in a first uplink-downlink switching period and a second uplink-downlink switching period.
8. The method according to claim 7, wherein the time domain resource comprises a first time domain resource and a second time domain resource, and the determining the time domain resource of the reference signal that corresponds to the time domain index information in the period comprises: determining the first time domain resource in a first sub-period of the period based on the first time domain index information and a first offset, determining the second time domain resource in a second sub-period of the period based on the second time domain index information and a second offset, or a combination thereof; wherein the period consists of the first sub-period and the second sub-period, the first offset is determined by the second sub-period, and the second offset is determined by the first sub-period.
7. (Currently Amended): The method according to claim 6, wherein the time domain resource comprises a first time domain resource and a second time domain resource, and the determining the time domain resource of the reference signal that corresponds to the time domain index information in the period comprises: determining the first time domain resource in a first sub-period of the period based on the first time domain index information and a first offset, determining the second time domain resource in a second sub-period of the period based on the second time domain index information and a second offset, or a combination thereof; wherein the period consists of comprises the first sub-period and the second sub-period, the first offset is determined by the second sub-period, and the second offset is determined by the first sub-period.
9. A communication method, comprising:
…receiving a reference signal on the receiving resource;
…determining a receiving resource based on parameter information, wherein the parameter information comprises sequence indication information and frequency domain indication information, the sequence indication information indicates one or more candidate sequences, and the frequency domain indication information indicates one or more candidate frequency domain resources;…
…determining a time domain resource of the reference signal in a period, wherein the period is associated with identification information, sequence indication information, and frequency domain indication information, the identification information identifies a network device that sends the reference signal;
determining time domain index information corresponding to the time domain resource of the reference signal; and determining the identification information based on the time domain index information.
8. (Original): A communication method, comprising:
receiving a reference signal on a receiving resource,
wherein the receiving resource is associated with sequence indication information and frequency domain indication information, the sequence indication information indicates one or more candidate sequences, and the frequency domain indication information indicates one or more candidate frequency domain resources;
determining a time domain resource of the reference signal in a period, wherein the period is associated with identification information, sequence indication information, and frequency domain indication information, the identification information identifies a network device that sends the reference signal;
determining time domain index information corresponding to the time domain resource of the reference signal; and determining the identification information based on the time domain index information.
10. The method according to claim 9, wherein the method further comprises: determining one or more of a sequence, a frequency domain resource, and a time domain resource that correspond to the reference signal; and determining the identification information based on the time domain index information comprising: determining the identification information of the reference signal based on the time domain index information and one or more of a sequence, a frequency domain resource that correspond to the reference signal.
9. (Currently Amended): The method according to claim 8, wherein the method further comprises:
determining one or more of a sequence, a frequency domain resource, and a time domain resource that correspond to the reference signal; and determining the identification information based on the time domain index information comprising:
determining the identification information of for the reference signal based on the time domain index information and one or more of a sequence[[,]]1and a frequency domain resource that correspond to the reference signal[11
11. The method according to claim 10, wherein the determining identification information based on the time domain index information and one or more of a sequence, a frequency domain resource that correspond to the reference signal comprises: determining sequence index information based on the sequence of the reference signal, determining frequency domain index information based on the frequency domain resource of the reference signal, or a combination thereof; and determining the identification information based on one or more of the sequence index information, the frequency domain index information, and the time domain index information.
10. (Currently Amended): The method according to claim 9, wherein the determining identification information based on the time domain index information and one or more of a the sequence and the frequency domain resource that correspond to the reference signal comprises: determining sequence index information based on the sequence of for the reference signal, determining frequency domain index information based on the frequency domain resource of for the reference signal, or a combination thereof; and determining the identification information based on one or more of the sequence index information, the frequency domain index information, and the time domain index information.
13. A communications apparatus, comprising: at least one processor; and a memory storing programming instructions for execution by the at least one processor, the programming instructions instructing the communications apparatus to perform operations comprising:
…determining time domain index information corresponding to the identification information;
…wherein the identification information identifies a network device,
….determining a time domain resource of the reference signal that corresponds to the time domain index information in the period;
determining a period of a reference signal based on identification information, sequence indication information, and frequency domain indication information, …the sequence indication information indicates one or more candidate sequences, and the frequency domain indication information indicates one or more candidate frequency domain resources; … and sending the reference signal on a transmission resource, wherein the transmission resource comprises a sequence, a frequency domain resource, and the time domain resource of the reference signal.
11. A communications apparatus, comprising: at least one processor; and a memory storing programming instructions for execution by the at least one processor, the programming instructions instructing the communications apparatus to perform operations comprising:
determining time domain index information corresponding to identification information,
wherein the identification information identifies a network device;
determining a time domain resource of a reference signal that corresponds to the time domain index information in a period,
wherein the period is associated with the identification information, sequence indication information, and frequency domain indication information, the sequence indication information indicates one or more candidate sequences, and the frequency domain indication information indicates one or more candidate frequency domain resources; and sending the reference signal on a transmission resource, wherein the transmission resource comprises a sequence, a frequency domain resource, and the time domain resource of the reference signal.
18. The apparatus according to claim 13, wherein the time domain resource is in one or more uplink-downlink switching periods; the time domain resource of the reference signal is determined further based on one or more of first indication information, second indication information, or third indication information; the first indication information indicates a quantity of times of repeatedly sending the reference signal; the second indication information indicates a position, of a symbol that carries the reference signal, in an uplink-downlink switching period; and the third indication information indicates an uplink-downlink switching period for carrying the reference signal and that is in a first uplink-downlink switching period and a second uplink-downlink switching period.
12. (Original): The apparatus according to claim 11, wherein the time domain resource is in one or more uplink-downlink switching periods; the time domain resource of the reference signal is determined further based on one or more of first indication information, second indication information, or third indication information; the first indication information indicates a quantity of times of repeatedly sending the reference signal; the second indication information indicates a position, of a symbol that carries the reference signal, in an uplink-downlink switching period; and the third indication information indicates an uplink-downlink switching period for carrying the reference signal and that is in a first uplink-downlink switching period and a second uplink-downlink switching period.
15. The apparatus according to claim 14, wherein the determining, from the candidate sequences, the sequence of the reference signal corresponding to the identification information comprises: determining sequence index information corresponding to the identification information, and determining, from the candidate sequences, the sequence of the reference signal corresponding to the sequence index information.
13. (Original): The apparatus according to claim 11, wherein the operations further comprise: determining sequence index information corresponding to the identification information, and determining, from the candidate sequences, the sequence of the reference signal corresponding to the sequence index information.
17. The apparatus according to claim 14, wherein the determining, from the candidate frequency domain resources, the frequency domain resource corresponding to the identification information comprises: determining frequency domain index information corresponding to the identification information, and determining, from the candidate frequency domain resources, the frequency domain resource corresponding to the frequency domain index information.
14. (Original): The apparatus according to claim 11, wherein the operations further comprise: determining frequency domain index information corresponding to the identification information, and determining, from the candidate frequency domain resources, the frequency domain resource corresponding to the frequency domain index information.
16. The apparatus according to claim 15, wherein a value of a most significant bit in the sequence index information is determined by interference cancellation state indication information.
15. (Currently Amended): The apparatus according to claim 3, wherein a value of a most significant bit in the sequence index information is determined by interference cancellation state indication information.
19. The apparatus according to claim 13, wherein the identification information comprises first identification information and second identification information; the time domain index information comprises first time domain index information and second time domain index information; and the first identification information corresponds to the first time domain index information, and the second identification information corresponds to the second time domain index information; wherein the first time domain index information and the second time domain index information distinguish different reference signal types.
16. (Original): The apparatus according to claim 11, wherein the identification information comprises first identification information and second identification information; the time domain index information comprises first time domain index information and second time domain index information; and the first identification information corresponds to the first time domain index information, and the second identification information corresponds to the second time domain index information; wherein the first time domain index information and the second time domain index information distinguish different reference signal types.
20. The apparatus according to claim 19, wherein the time domain resource comprises a first time domain resource and a second time domain resource, and the determining the time domain resource of the reference signal that corresponds to the time domain index information in the period comprises: determining the first time domain resource in a first sub-period of the period based on the first time domain index information and a first offset, determining the second time domain resource in a second sub-period of the period based on the second time domain index information and a second offset, or a combination thereof; wherein the period consists of the first sub-period and the second sub-period, the first offset is determined by the second sub-period, and the second offset is determined by the first sub-period.
17. (Currently Amended): The apparatus according to claim 16, wherein the time domain resource comprises a first time domain resource and a second time domain resource, and the determining the time domain resource of the reference signal that corresponds to the time domain index information in the period comprises: determining the first time domain resource in a first sub-period of the period based on the first time domain index information and a first offset, determining the second time domain resource in a second sub-period of the period based on the second time domain index information and a second offset, or a combination thereof; wherein the period consists of comprises the first sub-period and the second sub-period, the first offset is determined by the second sub-period, and the second offset is determined by the first sub-period.
21. A communications apparatus, comprising: at least one processor; and a memory storing programming instructions for execution by the at least one processor, the programming instructions instructing the communications apparatus to perform operations comprising:
…receiving a reference signal on the receiving resource.
determining a receiving resource based on parameter information, wherein the parameter information comprises sequence indication information and frequency domain indication information,
the sequence indication information indicates one or more candidate sequences, and the frequency domain indication information indicates one or more candidate frequency domain resources;…; determining a time domain resource of the reference signal in a period, wherein the period is associated with identification information, sequence indication information, and frequency domain indication information, the identification information identifies a network device that sends the reference signal; determining time domain index information corresponding to the time domain resource of the reference signal; and determining the identification information based on the time domain index information.
18. (Original): A communications apparatus, comprising: at least one processor; and a memory storing programming instructions for execution by the at least one processor, the programming instructions instructing the communications apparatus to perform operations comprising:
receiving a reference signal on a receiving resource,
wherein the receiving resource is associated with sequence indication information and frequency domain indication information,
the sequence indication information indicates one or more candidate sequences, and the frequency domain indication information indicates one or more candidate frequency domain resources; determining a time domain resource of the reference signal in a period, wherein the period is associated with identification information, sequence indication information, and frequency domain indication information, the identification information identifies a network device that sends the reference signal; determining time domain index information corresponding to the time domain resource of the reference signal; and determining the identification information based on the time domain index information.
22. The apparatus according to claim 21, wherein the operations further comprise:
determining one or more of a sequence, a frequency domain resource, and a time domain resource that correspond to the reference signal; and determining the identification information based on the time domain index information comprising:
determining the identification information of the reference signal based on the time domain index information and one or more of a sequence, a frequency domain resource that correspond to the reference signal.
19. (Currently Amended): The apparatus according to claim 18, wherein the operations further comprise:
determining one or more of a sequence, a frequency domain resource, and a time domain resource that correspond to the reference signal; and determining the identification information based on the time domain index information comprising:
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determining the identification information of for the reference signal based on the time domain index information and one or more of a sequence[[,]] and a frequency domain resource that correspond to the reference signal.
23. The apparatus according to claim 22, wherein the determining identification information based on the time domain index information and one or more of a sequence, a frequency domain resource that correspond to the reference signal comprise: determining sequence index information based on the sequence of the reference signal, determine frequency domain index information based on the frequency domain resource of the reference signal, or a combination thereof; and determining the identification information based on one or more of the sequence index information, the frequency domain index information, and the time domain index information.
20. (Currently Amended): The apparatus according to claim 19, wherein the determining identification information based on the time domain index information and one or more of at he sequence[[,]]and the frequency domain resource that correspond to the reference signal comprise: determining sequence index information based on the sequence of for the reference signal, determine frequency domain index information based on the frequency domain resource of for the reference signal, or a combination thereof; and determining the identification information based on one or more of the sequence index information, the frequency domain index information, and the time domain index information.
24. The apparatus according to claim 21, wherein the time domain resource comprises a first time domain resource and a second time domain resource; the identification information comprises first identification information and second identification information; the time domain index information comprises first time domain index information and second time domain index information; and the first time domain index information corresponds to the first identification information, and the second time domain index information corresponds to the second identification information; wherein the first time domain index information and the second time domain index information are used to distinguish different reference signal types.
21. (Currently Amended): The method apparatus according to claim 18,wherein the time domain resource comprises a first time domain resource and a second time domain resource; the identification information comprises first identification information and second identification information; the time domain index information comprises first time domain index information and second time domain index information; and the first time domain index information corresponds to the first identification information, and the second time domain index information corresponds to the second identification information; wherein the first time domain index information and the second time domain index information are used to distinguish different reference signal types.
24. The apparatus according to claim 21, wherein the time domain resource comprises a first time domain resource and a second time domain resource; the identification information comprises first identification information and second identification information; the time domain index information comprises first time domain index information and second time domain index information; and the first time domain index information corresponds to the first identification information, and the second time domain index information corresponds to the second identification information; wherein the first time domain index information and the second time domain index information are used to distinguish different reference signal types.
22. (Currently Amended): The apparatus according to claim 2-18,wherein the time domain resource comprises a first time domain resource and a second time domain resource; the identification information comprises first identification information and second identification information; the time domain index information comprises first time domain index information and second time domain index information; and the first time domain index information corresponds to the first identification information, and the second time domain index information corresponds to the second identification information; wherein the first time domain index information and the second time domain index information are used to distinguish different reference signal types.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHARISHI V KHIRODHAR whose telephone number is (571)270-7909. The examiner can normally be reached 6:00 AM - 3:00 PM.
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MAHARISHI V. KHIRODHAR
Examiner
Art Unit 2463
/MAHARISHI V KHIRODHAR/Primary Examiner, Art Unit 2463
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