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 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 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No.12,069,719. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application largely rearranges the same inventive concept in different statutory classes (method, apparatus, CRM) without any substantive technical differences. Dependent claims are almost identical. Please see the table below for comparison.
Instant Application 18/789,394
US Patent No. 12,069,719
1. A method, comprising:
decoding downlink control information (DCI) from a base station;
determining, according to radio resource control (RRC) signaling, a channel occupancy time (COT) field in the DCI, and a length of the COT field in the DCI; determining, based on the COT field, COT information that indicates a remaining duration of a COT, wherein the COT field is different from a slot format indication (SFI) field of the DCI; and
communicating data with the base station based at least in part on the COT information.
1. An apparatus comprising:
processing circuitry configured to cause a user equipment (UE) to:
decode downlink control information (DCI) from a base station;
determine, from a channel occupancy time (COT) field of the downlink control information, COT information of a COT acquired by the base station, wherein the COT information indicates a remaining duration of the COT, wherein the COT field is different from a slot format indication (SFI) field of the DCI; determine, according to radio resource control (RRC) signaling, a presence of the COT field in the DCI, and a length of the COT field in the DCI; and
communicate data with the base station based on the COT information.
2. The method of claim 1,
wherein the DCI is decoded from a physical downlink control channel (PDCCH), wherein the DCI has been formed in accordance with a DCI format, the method further comprising:
determining the COT information from the COT field using the DCI format.
2. The apparatus of claim 1,
wherein the DCI is decoded from a physical downlink control channel (PDCCH), wherein the DCI has been formed in accordance with a DCI format, wherein the processing circuitry is further configured to cause the UE to: determine the COT information from the COT field using the DCI format.
3. The method of claim 2, wherein a cyclic redundancy check (CRC) of the DCI is masked with either COT-Radio Network Temporary Identifier (RNTI) or a slot format indication RNTI, depending on whether or not the DCI format contains the COT field.
3. The apparatus of claim 2, wherein a cyclic redundancy check (CRC) of the DCI is masked with either COT-Radio Network Temporary Identifier (RNTI) or a slot format indication RNTI, depending on whether or not the DCI format contains the COT field.
4. The method of claim 2, further comprising decoding higher layer signaling that indicates:
a size of the DCI according to the DCI format, a number of available slot formats supported by the DCI according to the DCI format, and a monitoring period of the DCI according to the DCI format.
4. The apparatus of claim 2, wherein the processing circuitry is further configured to cause the UE to decode higher layer signaling that indicates:
a size of the DCI according to the DCI format,
a number of available slot formats supported by the DCI according to the DCI format, and
a monitoring period of the DCI according to the DCI format.
5. The method of claim 1, wherein the DCI is format 2_0.
5. The apparatus of claim 1, wherein the DCI is format 2_0.
6. The method of claim 1, wherein the DCI has a maximum size of 128 bits.
6. The apparatus of claim 1, wherein the DCI has a maximum size of 128 bits.
7. The method of claim 1, wherein the DCI includes an indication of one or more frequency sub-bands associated with the remaining duration of the COT.
7. The apparatus of claim 1, wherein the DCI includes an indication of one or more frequency sub-bands associated with the remaining duration of the COT.
8. The method of claim 1, wherein the remaining duration of the COT indicates a time between reception of the DCI and an end of the COT.
9. The apparatus of claim 1, wherein the remaining duration of the COT indicates a time between reception of the DCI and an end of the COT.
9. The method of claim 1, further comprising:
determining that the COT information is indicated by the DCI based on a result of masking a cyclic redundancy check (CRC) of the DCI with a Radio Network Temporary Identifier (RNTI).
10. The apparatus of claim 1, wherein the processing circuitry is further configured to cause the UE to:
determine that the COT information is indicated by the DCI based on a result of masking a cyclic redundancy check (CRC) of the DCI with a Radio Network Temporary Identifier (RNTI).
10. The method of claim 1, wherein the base station is a gNodeB of 3GPP 5G New Radio.
11. The apparatus of claim 1, wherein the base station is a gNodeB of 3GPP 5G New Radio.
11. The method of claim 1, wherein the COT is associated with a channel on an unlicensed band.
12. The apparatus of claim 1, wherein the channel occupancy time (COT) is associated with a channel on an unlicensed band.
12. An apparatus, comprising: processing circuitry configured to: decode downlink control information (DCI) from a base station; determine, according to radio resource control (RRC) signaling, an indication of a presence of a channel occupancy time (COT) field in the DCI, and a length of the COT field in the DCI; determine, based on the COT field, COT information that indicates a remaining duration of a COT, wherein the COT field is different from a slot format indication (SFI) field of the DCI; and communicate data with the base station based at least in part on the COT information.
1. An apparatus comprising:
processing circuitry configured to cause a user equipment (UE) to:
decode downlink control information (DCI) from a base station;
determine, from a channel occupancy time (COT) field of the downlink control information, COT information of a COT acquired by the base station, wherein the COT information indicates a remaining duration of the COT, wherein the COT field is different from a slot format indication (SFI) field of the DCI;
determine, according to radio resource control (RRC) signaling, a presence of the COT field in the DCI, and a length of the COT field in the DCI; and communicate data with the base station based on the COT information.
13. The apparatus of claim 1, wherein the DCI is decoded from a physical downlink control channel (PDCCH), wherein the DCI has been formed in accordance with a DCI format, wherein the processing circuitry is configured to: determine the COT information from the COT field using the DCI format.
2. The apparatus of claim 1, wherein the DCI is decoded from a physical downlink control channel (PDCCH), wherein the DCI has been formed in accordance with a DCI format, wherein the processing circuitry is further configured to cause the UE to:
determine the COT information from the COT field using the DCI format.
14. The apparatus of claim 13, wherein a cyclic redundancy check (CRC) of the DCI is masked with either COT-Radio Network Temporary Identifier (RNTI) or a slot format indication RNTI, depending on whether or not the DCI format contains the COT field.
3. The apparatus of claim 2, wherein a cyclic redundancy check (CRC) of the DCI is masked with either COT-Radio Network Temporary Identifier (RNTI) or a slot format indication RNTI, depending on whether or not the DCI format contains the COT field.
15. The apparatus of claim 13, wherein the processing circuitry is configured to decode higher layer signaling that indicates: a size of the DCI according to the DCI format, a number of available slot formats supported by the DCI according to the DCI format, and a monitoring period of the DCI according to the DCI format.
4. The apparatus of claim 2, wherein the processing circuitry is further configured to cause the UE to decode higher layer signaling that indicates:
a size of the DCI according to the DCI format,
a number of available slot formats supported by the DCI according to the DCI format, and
a monitoring period of the DCI according to the DCI format.
16. The apparatus of claim 13, wherein the DCI is format 2_0.
5. The apparatus of claim 1, wherein the DCI is format 2_0.
17. A non-transitory computer-readable memory medium storing instructions executable by at least one processor to cause the at least one processor to: decode downlink control information (DCI) from a base station; determine, according to radio resource control (RRC) signaling, an indication of a presence of a channel occupancy time (COT) field in the DCI, and a length of the COT field in the DCI; determine, based on the COT field, COT information that indicates a remaining duration of a COT, wherein the COT field is different from a slot format indication (SFI) field of the DCI; and communicate data with the base station based at least in part on the COT information.
1. An apparatus comprising:
processing circuitry configured to cause a user equipment (UE) to:
decode downlink control information (DCI) from a base station;
determine, from a channel occupancy time (COT) field of the downlink control information, COT information of a COT acquired by the base station, wherein the COT information indicates a remaining duration of the COT, wherein the COT field is different from a slot format indication (SFI) field of the DCI;
determine, according to radio resource control (RRC) signaling, a presence of the COT field in the DCI, and a length of the COT field in the DCI; and communicate data with the base station based on the COT information.
18. The non-transitory computer-readable memory medium of claim 17, wherein the DCI includes an indication of one or more frequency sub-bands associated with the remaining duration of the COT.
7. The apparatus of claim 1, wherein the DCI includes an indication of one or more frequency sub-bands associated with the remaining duration of the COT.
19. The non-transitory computer-readable memory medium of claim 17, wherein the instructions are executable to cause the at least one processor to: determine that the COT information is indicated by the DCI based on a result of masking a cyclic redundancy check (CRC) of the DCI with a Radio Network Temporary Identifier (RNTI).
10. The apparatus of claim 1, wherein the processing circuitry is further configured to cause the UE to:
determine that the COT information is indicated by the DCI based on a result of masking a cyclic redundancy check (CRC) of the DCI with a Radio Network Temporary Identifier (RNTI).
20. The non-transitory computer-readable memory medium of claim 17 wherein the COT is associated with a channel on an unlicensed band.
12. The apparatus of claim 1, wherein the channel occupancy time (COT) is associated with a channel on an unlicensed band.
Allowable Subject Matter
Claims 1-20 would be allowable if they overcome the Double Patenting rejection above.
The following is an examiner’s statement of reasons for allowance: claims 1-20 would be allowable because the closest prior arts listed above either alone or in combination, fail to anticipate or render obvious, the claimed invention of “determining, based on the COT field, COT information that indicates a remaining duration of a COT, wherein the COT field is different from a slot format indication (SFI) field of the DCI”, in combination with all other limitations in the claim(s) above as defined by applicant.
Closest prior art is Xu et al. (US 2021/0360698): Xu discloses a method comprising: receiving, by a wireless device, configuration parameters indicating: a plurality of slot format combinations of a cell; and a slot format indicator (SFI) radio network temporary identifier (RNTI); receiving, during a slot and based on the SFI-RNTI, a downlink control information (DCI) indicating a slot format combination of the plurality of slot format combinations, wherein the slot format combination indicates a channel occupancy time (COT) duration for the cell; determining, based on the receiving the DCI, that the COT duration starts from the slot; and transmitting, via the cell, a transport block based on the COT duration. However, Xu does not explicitly disclose determining, based on the COT field, COT information that indicates a remaining duration of a COT, wherein the COT field is different from a slot format indication (SFI) field of the DCI.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
- Xu et al. (US 2021/0360698);
-Huang et al. (US 2020/0045696).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAE S LEE whose telephone number is (571)272-8236. The examiner can normally be reached 8:30AM - 5:00PM.
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, Jeffrey Rutkowski can be reached at (571) 270-1215. 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.
/CHAE S LEE/Primary Examiner, Art Unit 2415
Prosecution Insights