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.
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Claims 1-3,6,11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3,9-10 of U.S. Patent No. 12,089,205. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3,9-10 of U.S. Patent No. 12,089,205 anticipate pending claims 1-3,6,11.
Claim #
18792293
Claim #
U.S. Patent No. 12,089,205
1
A method performed by a base station in a wireless communication system, the method comprising: transmitting configuration for one of a plurality of multiplexing schemes related to single downlink control information (DCI) based Multiple-Transmission and Reception Point (multi-TRP) operation; transmitting the DCI including i) a transmission configuration indication (TCI) field and ii) an antenna port field; and transmitting a shared channel based on the DCI, wherein multiple TCI states are indicated based on the TCI field, and one or more demodulation reference signal (DM-RS) ports are indicated based on the antenna port field, wherein a multiplexing scheme is determined based on a number of one or more code division multiplexing (CDM) groups related to the one or more DM-RS ports, wherein, based on the number of the one or more CDM groups being two, the multiplexing scheme is determined as a Spatial Division Multiplexing (SDM) scheme, and wherein, based on i) the configuration and ii) the number of the one or more CDM groups being one, the multiplexing scheme is determined as a Frequency Division Multiplexing (FDM) scheme or a Time Division Multiplexing (TDM) scheme.
1
A method performed by a user equipment (UE) in a wireless communication system, the method comprising: receiving configuration for one of a plurality of multiplexing schemes related to single downlink control information (DCI) based Multiple-Transmission and Reception Point (multi-TRP) operation; receiving the DCI including i) a transmission configuration indication (TCI) field and ii) an antenna port field; and receiving a shared channel based on the DCI, wherein multiple TCI states are indicated based on the TCI field, and one or more demodulation reference signal (DM-RS) ports are indicated based on the antenna port field, wherein a multiplexing scheme is determined based on a number of one or more code division multiplexing (CDM) groups related to the one or more DM-RS ports, wherein, based on the number of the one or more CDM groups being two, the multiplexing scheme is determined as a Spatial Division Multiplexing (SDM) scheme, and wherein, based on i) the configuration and ii) the number of the one or more CDM groups being one, the multiplexing scheme is determined as a Frequency Division Multiplexing (FDM) scheme or a Time Division Multiplexing (TDM) scheme.
2
The method of claim 1, wherein, based on that the one or more DM-RS ports are related to a plurality of CDM groups, a CDM group related to one of the multiple TCI states is different from a CDM group related to another one of the multiple TCI states.
2
The method of claim 1, wherein, based on that the one or more DM-RS ports are related to a plurality of CDM groups, a CDM group related to one of the multiple TCI states is different from a CDM group related to another one of the multiple TCI states.
3
The method of claim 1, wherein the multiple TCI states are cyclically mapped to frequency resources related to the FDM or time resources related to the TDM.
3
The method of claim 1, wherein the multiple TCI states are cyclically mapped to a frequency resource related to the FDM or a time resource related to the TDM.
6
An apparatus comprising: one or more processors; and one or more memories connected to the one or more processors and storing instructions that, based on being executed by the one or more processors, configure the one or more processors to perform operations comprising: transmitting configuration for one of a plurality of multiplexing schemes related to single downlink control information (DCI) based Multiple-Transmission and Reception Point (multi-TRP) operation; transmitting the DCI including i) a transmission configuration indication (TCI) field and ii) an antenna port field; and transmitting a shared channel based on the DCI, wherein multiple TCI states are indicated based on the TCI field, and one or more demodulation reference signal (DM-RS) ports are indicated based on the antenna port field, wherein a multiplexing scheme is determined based on a number of one or more code division multiplexing (CDM) groups related to the one or more DM-RS ports, wherein, based on the number of the one or more CDM groups being two, the multiplexing scheme is determined as a Spatial Division Multiplexing (SDM) scheme, and wherein, based on i) the configuration and ii) the number of the one or more CDM groups being one, the multiplexing scheme is determined as a Frequency Division Multiplexing (FDM) scheme or a Time Division Multiplexing (TDM) scheme.
9
A user equipment (UE) configured to operate in a wireless communication system, the UE comprising: one or more transceivers; one or more processors; and one or more memories connected to the one or more processors and storing instructions that, when executed by the one or more processors, configure the one or more processors to perform operations comprising: receiving configuration for one of a plurality of multiplexing schemes related to single downlink control information (DCI) based Multiple-Transmission and Reception Point (multi-TRP) operation; receiving the DCI including i) a transmission configuration indication (TCI) field and ii) an antenna port field; and receiving a shared channel based on the DCI, wherein multiple TCI states are indicated based on the TCI field, and one or more demodulation reference signal (DM-RS) ports are indicated based on the antenna port field, wherein a multiplexing scheme is determined based on a number of one or more code division multiplexing (CDM) groups related to the one or more DM-RS ports, wherein, based on the number of the one or more CDM groups being two, the multiplexing scheme is determined as a Spatial Division Multiplexing (SDM) scheme, and wherein, based on i) the configuration and ii) the number of the one or more CDM groups being one, the multiplexing scheme is determined as a Frequency Division Multiplexing (FDM) scheme or a Time Division Multiplexing (TDM) scheme.
11
At least one non-transitory computer-readable media storing instructions that, based on being executed by at least one processor, perform operations comprising: transmitting configuration for one of a plurality of multiplexing schemes related to single downlink control information (DCI) based Multiple-Transmission and Reception Point (multi-TRP) operation; transmitting the DCI including i) a transmission configuration indication (TCI) field and ii) an antenna port field; and transmitting a shared channel based on the DCI, wherein multiple TCI states are indicated based on the TCI field, and one or more demodulation reference signal (DM-RS) ports are indicated based on the antenna port field, wherein a multiplexing scheme is determined based on a number of one or more code division multiplexing (CDM) groups related to the one or more DM-RS ports, wherein, based on the number of the one or more CDM groups being two, the multiplexing scheme is determined as a Spatial Division Multiplexing (SDM) scheme, and wherein, based on i) the configuration and ii) the number of the one or more CDM groups being one, the multiplexing scheme is determined as a Frequency Division Multiplexing (FDM) scheme or a Time Division Multiplexing (TDM) scheme.
10
A base station configured to operate in a wireless communication system, the base station comprising: one or more transceivers; one or more processors; and one or more memories connected to the one or more processors and storing instructions that, when executed by the one or more processors, configure the one or more processors to perform operations comprising: transmitting configuration for one of a plurality of multiplexing schemes related to single downlink control information (DCI) based Multiple-Transmission and Reception Point (multi-TRP) operation; transmitting the DCI including i) a transmission configuration indication (TCI) field and ii) an antenna port field; and transmitting a shared channel based on the DCI, wherein multiple TCI states are indicated based on the TCI field, and one or more demodulation reference signal (DM-RS) ports are indicated based on the antenna port field, wherein a multiplexing scheme is determined based on a number of one or more code division multiplexing (CDM) groups related to the one or more DM-RS ports, wherein, based on the number of the one or more CDM groups being two, the multiplexing scheme is determined as a Spatial Division Multiplexing (SDM) scheme, and wherein, based on i) the configuration and ii) the number of the one or more CDM groups being one, the multiplexing scheme is determined as a Frequency Division Multiplexing (FDM) scheme or a Time Division Multiplexing (TDM) scheme.
Allowable Subject Matter
Claims 4-5,7-10 and 12-15 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZEWDU A BEYEN whose telephone number is (571)270-7157. The examiner can normally be reached M-F 9:00-6:00.
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/ZEWDU A BEYEN/Primary Examiner, Art Unit 2461
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