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 - 13 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 15 of U.S. Patent No. 12,082,016. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to the repetition of control data and user data in a wireless communication system. The claims of the issued patent contain all limitations, albeit in different combinations, of the instant application claims and thus anticipate and render obvious all claims and subgroups.
To illustrate the above, independent claim 1 of the instant application (in plain text) will be mapped against independent claim 1 of the issued patent (in bold text).
1. A method of receiving physical downlink control channels (PDCCHs) by a terminal in a wireless communication system, the method comprising (A method of receiving a physical downlink control channel (PDCCH) by a terminal in a wireless communication system, the method comprising):
receiving, from a base station, configuration information related to a first search space set and a second search space set for the PDCCHs for the same downlink control information (DCI) format with same information (receiving, from a base station, configuration information related to a first search space set and a second search space set for the PDCCH); and
receiving, from the base station, the PDCCHs for the same DCI format with same information in a first monitoring occasion of the first search space set and a second monitoring occasion of the second search space set (and receiving, from the base station, the PDCCH for the same downlink control information (DCI) in a first monitoring occasion of the first search space set and a second monitoring occasion of the second search space set),
wherein the first monitoring occasion and the second monitoring occasion respectively correspond to the n-th monitoring occasion within the first search space set and the second search space set within a single slot, each of the first search space set and the second search space including one or more monitoring occasions, and n being a natural number (wherein the first monitoring occasion and the second monitoring occasion respectively correspond to the n-th monitoring occasion within the first search space set and the second search space set within a single slot, each of the first search space set and the second search space including one or more monitoring occasions, and n being a natural number).
The remaining independent claims are rejected in a substantially similar manner. Regarding the dependent claims, the claims of the instant application contain all of the limitations of the dependent claims in the issued patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER G SOLINSKY whose telephone number is (571)270-7216. The examiner can normally be reached M - Th, 6:30 A - 5:00 P.
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PETER G. SOLINSKY
Examiner
Art Unit 2463
/Peter G Solinsky/Primary Examiner, Art Unit 2463
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