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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/28/2025, 06/03/2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
This office action is in response to the Preliminary amendment filed 12/19/2024.
Claims 1-9, 10-18, 19-27 are pending.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.: US 11722998. Although the claims at issue are not identical, they are not patentably distinct from each other because
Claim 1 of the application serial number 18803075
Claim 1 of U.S. Patent No.: US 11722998
receiving, at a user equipment, from a network device, information for configuring a first resource without an associated dynamic grant;
receiving, from a network device, information for configuring a first resource without an associated dynamic grant;
receiving, at the user equipment, from the network device, via a physical downlink control channel, a dynamic uplink grant indicating a second resource for use in a transmission time interval;
receiving, from the network device, a dynamic uplink grant via a physical downlink control channel, the dynamic uplink grant indicating a second resource for use in a transmission time interval;
in an instance in which the first resource overlaps the second resource and a first priority of a first logical channel associated with the first resource is greater than a second priority of a second logical channel associated with the second resource, transmitting, using the user equipment, to the network device, uplink data on the first logical channel using the first resource; and
based on the determining that the first resource overlaps the second resource and the determining that the first priority is greater than the second priority, transmitting uplink data to the network device on the first logical channel using the first resource;
in an instance in which the first resource overlaps the second resource and the first priority of the first logical channel associated with the first resource is equal to or less than the second priority of the second logical channel associated with the second resource, transmitting, using the user equipment, to the network device, further uplink data on the second logical channel using the second resource.
based on the determining that the first resource overlaps the second resource and the determining that the first priority is not greater than the second priority, transmitting further uplink data to the network device on the second logical channel using the second resource.
Claim 2 of the application serial number 18803075
Claim 1 of U.S. Patent No.: US 11722998
determining whether the first resource overlaps the second resource; and determining whether the first priority of the first logical channel associated with the first resource is greater than the second priority of the second logical channel associated with the second resource.
determining that the first resource overlaps the second resource; determining whether a first priority of a first logical channel that is associated with the first resource is greater than a second priority of a second logical channel that is associated with the second resource;
Claim 3 of the application serial number 18803075
Claim 2 of U.S. Patent No.: US 11722998
wherein the first priority of the first logical channel corresponds to a priority of the uplink data carried on the first logical channel, and the second priority of the second logical channel corresponds to a priority of the further uplink data carried on the second logical channel.
wherein the first priority of the first logical channel corresponds to a priority of the uplink data of which is carried on the first logical channel, and the second priority of the second logical channel corresponds to a priority of further uplink data of which is carried on the second logical channel.
Claim 4 of the application serial number 18803075
Claim 3 of U.S. Patent No.: US 11722998
wherein the first priority and the second priority are received from the network device via logical channel configuration.
wherein the first priority and the second priority are received from the network device via logical channel configuration.
Claim 5 of the application serial number 18803075
Claim 4 of U.S. Patent No.: US 11722998
wherein the information for configuring the first resource is received via a radio resource control signaling.
wherein the information for configuring the first resource is received via a radio resource control signaling.
Claim 6 of the application serial number 18803075
Claim 5 of U.S. Patent No.: US 11722998
wherein the information for configuring the first resource is received via a radio resource control signaling and the physical downlink control channel.
wherein the information for configuring the first resource is received via a radio resource control signaling and a physical downlink control channel.
Claim 7 of the application serial number 18803075
Claim 6 of U.S. Patent No.: US 11722998
wherein the information for configuring the first resource includes a periodicity of the first resource.
wherein the information for configuring the first resource includes a periodicity of the first resource.
Claim 8 of the application serial number 18803075
Claim 7 of U.S. Patent No.: US 11722998
wherein the first resource and the second resource are allocated on a same carrier.
wherein the first and second resources are allocated on a same carrier.
Claim 9 of the application serial number 18803075
Claim 8 of U.S. Patent No.: US 11722998
wherein the first resource is allocated on a first carrier and the second resource is allocated on a second carrier different from the first carrier.
wherein the first resource is allocated on a first carrier, and the second resource is allocated on a second carrier different from the first carrier.
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No.: US 11722998. Although the claims at issue are not identical, they are not patentably distinct from each other because
Claim 10 of the application serial number 18803075
Claim 9 of U.S. Patent No.: US 11722998
at least one processor; and at least one memory storing instructions thereon that, when executed by the at least one processor, cause the user equipment to perform at least:
at least one processor; and at least one memory comprising computer program code, the at least one memory and the computer program code are configured, with the at least one processor, to cause the apparatus at least to:
receiving, from a network device, information for configuring a first resource without an associated dynamic grant;
receive, from a network device, information for configuring a first resource without an associated dynamic grant;
receiving, from the network device, via a physical downlink control channel, a dynamic uplink grant indicating a second resource for use in a transmission time interval;
receive, from the network device, a dynamic uplink grant via a physical downlink control channel, the dynamic uplink grant indicating a second resource for use in a transmission time interval;
in an instance in which the first resource overlaps the second resource and a first priority of a first logical channel associated with the first resource is greater than a second priority of a second logical channel associated with the second resource, transmitting, to the network device, uplink data on the first logical channel using the first resource; and
based on the determining that the first resource overlaps the second resource and the determining that the first priority is greater than the second priority, transmitting uplink data to the network device on the first logical channel using the first resource; and
in an instance in which the first resource overlaps the second resource and the first priority of the first logical channel associated with the first resource is equal to or less than the second priority of the second logical channel associated with the second resource, transmitting, to the network device, further uplink data on the second logical channel using the second resource.
based on the determining that the first resource overlaps the second resource and the determining that the first priority is not greater than the second priority, transmitting further uplink data to the network device on the second logical channel using the second resource.
Claim 11 of the application serial number 18803075
Claim 9 of U.S. Patent No.: US 11722998
determining whether the first resource overlaps the second resource; and determining whether the first priority of the first logical channel associated with the first resource is greater than the second priority of the second logical channel associated with the second resource.
determine that the first resource overlaps the second resource; determine whether a first priority of a first logical channel that is associated with the first resource is greater than a second priority of a second logical channel that is associated with the second resource;
Claim 12 of the application serial number 18803075
Claim 10 of U.S. Patent No.: US 11722998
wherein the first priority of the first logical channel corresponds to a priority of the uplink data of which is carried on the first logical channel, and the second priority of the second logical channel corresponds to a priority of further uplink data of which is carried on the second logical channel.
wherein the first priority of the first logical channel corresponds to a priority of the uplink data of which is carried on the first logical channel, and the second priority of the second logical channel corresponds to a priority of further uplink data of which is carried on the second logical channel.
Claim 13 of the application serial number 18803075
Claim 11 of U.S. Patent No.: US 11722998
wherein the first priority and the second priority are received from the network device via logical channel configuration.
wherein the first priority and the second priority are received from the network device via logical channel configuration.
Claim 14 of the application serial number 18803075
Claim 12 of U.S. Patent No.: US 11722998
wherein the information for configuring the first resource is received via a radio resource control signaling.
wherein the information for configuring the first resource is received via a radio resource control signaling.
Claim 15 of the application serial number 18803075
Claim 13 of U.S. Patent No.: US 11722998
wherein the information for configuring the first resource is received via a radio resource control signaling and a physical downlink control channel.
wherein the information for configuring the first resource is received via a radio resource control signaling and a physical downlink control channel.
Claim 16 of the application serial number 18803075
Claim 14 of U.S. Patent No.: US 11722998
wherein the information for configuring the first resource includes a periodicity of the first resource.
wherein the information for configuring the first resource includes a periodicity of the first resource.
Claim 17 of the application serial number 18803075
Claim 15 of U.S. Patent No.: US 11722998
wherein the first and second resources are allocated on a same carrier.
wherein the first and second resources are allocated on a same carrier.
Claim 18 of the application serial number 18803075
Claim 16 of U.S. Patent No.: US 11722998
wherein the first resource is allocated on a first carrier, and the second resource is allocated on a second carrier different from the first carrier.
wherein the first resource is allocated on a first carrier, and the second resource is allocated on a second carrier different from the first carrier.
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No.: US 11722998. Although the claims at issue are not identical, they are not patentably distinct from each other because
Claim 19 of the application serial number 18803075
Claim 17 of U.S. Patent No.: US 11722998
receiving, at the user equipment, from a network device, information for configuring a first resource without an associated dynamic grant;
receive, from a network device, information for configuring a first resource without an associated dynamic grant;
receiving, at the user equipment, from the network device, via a physical downlink control channel, a dynamic uplink grant indicating a second resource for use in a transmission time interval;
receive, from the network device, a dynamic uplink grant via a physical downlink control channel, the dynamic uplink grant indicating a second resource for use in a transmission time interval;
in an instance in which the first resource overlaps the second resource and a first priority of a first logical channel associated with the first resource is greater than a second priority of a second logical channel associated with the second resource, transmitting, using the user equipment, to the network device, uplink data on the first logical channel using the first resource;
based on the determining that the first resource overlaps the second resource and the determining that the first priority is greater than the second priority, transmitting uplink data to the network device on the first logical channel using the first resource;
in an instance in which the first resource overlaps the second resource and the first priority of the first logical channel associated with the first resource is equal to or less than the second priority of the second logical channel associated with the second resource, transmitting, using the user equipment, to the network device, further uplink data on the second logical channel using the second resource.
based on the determining that the first resource overlaps the second resource and the determining that the first priority is not greater than the second priority, transmitting further uplink data to the network device on the second logical channel using the second resource.
Claim 20 of the application serial number 18803075
Claim 17 of U.S. Patent No.: US 11722998
wherein the instructions stored thereon, when executed by the at least one processor of the user equipment, further cause the user equipment to perform at least: determining whether the first resource overlaps the second resource; and determining whether the first priority of the first logical channel associated with the first resource is greater than the second priority of the second logical channel associated with the second resource.
determine that the first resource overlaps the second resource; determine whether a first priority of a first logical channel that is associated with the first resource is greater than a second priority of a second logical channel that is associated with the second resource;
Claim 21 of the application serial number 18803075
Claim 18 of U.S. Patent No.: US 11722998
wherein the first priority of the first logical channel corresponds to a priority of the uplink data of which is carried on the first logical channel, and the second priority of the second logical channel corresponds to a priority of further uplink data of which is carried on the second logical channel.
wherein the first priority of the first logical channel corresponds to a priority of the uplink data of which is carried on the first logical channel, and the second priority of the second logical channel corresponds to a priority of further uplink data of which is carried on the second logical channel.
Claim 22 of the application serial number 18803075
Claim 3 of U.S. Patent No.: US 11722998
wherein the first priority and the second priority are received from the network device via logical channel configuration.
wherein the first priority and the second priority are received from the network device via logical channel configuration.
Claim 23 of the application serial number 18803075
Claim 4 of U.S. Patent No.: US 11722998
wherein the information for configuring the first resource is received via a radio resource control signaling.
wherein the information for configuring the first resource is received via a radio resource control signaling.
Claim 24 of the application serial number 18803075
Claim 5 of U.S. Patent No.: US 11722998
wherein the information for configuring the first resource is received via a radio resource control signaling and the physical downlink control channel.
wherein the information for configuring the first resource is received via a radio resource control signaling and a physical downlink control channel.
Claim 25 of the application serial number 18803075
Claim 6 of U.S. Patent No.: US 11722998
wherein the information for configuring the first resource includes a periodicity of the first resource.
wherein the information for configuring the first resource includes a periodicity of the first resource.
Claim 26 of the application serial number 18803075
Claim 19 of U.S. Patent No.: US 11722998
wherein the first and second resources are allocated on a same carrier.
wherein the first and second resources are allocated on a same carrier.
Claim 27 of the application serial number 18803075
Claim 20 of U.S. Patent No.: US 11722998
wherein the first resource is allocated on a first carrier, and the second resource is allocated on a second carrier different from the first carrier.
wherein the first resource is allocated on a first carrier, and the second resource is allocated on a second carrier different from the first carrier.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.: US 12089188. Although the claims at issue are not identical, they are not patentably distinct from each other because
Claim 1 of the application serial number 18803075
Claim 1 of U.S. Patent No.: US 12089188
receiving, at a user equipment, from a network device, information for configuring a first resource without an associated dynamic grant;
receiving, at a user equipment, from a network device, information for configuring a first resource without an associated dynamic grant;
receiving, at the user equipment, from the network device, via a physical downlink control channel, a dynamic uplink grant indicating a second resource for use in a transmission time interval;
receiving, at the user equipment, from the network device, a dynamic uplink grant via a physical downlink control channel, the dynamic uplink grant indicating a second resource for use in a transmission time interval;
in an instance in which the first resource overlaps the second resource and a first priority of a first logical channel associated with the first resource is greater than a second priority of a second logical channel associated with the second resource, transmitting, using the user equipment, to the network device, uplink data on the first logical channel using the first resource; and
in an instance in which the first resource overlaps the second resource and the first priority is greater than the second priority, transmitting, using the user equipment, uplink data to the network device on the first logical channel using the first resource;
in an instance in which the first resource overlaps the second resource and the first priority of the first logical channel associated with the first resource is equal to or less than the second priority of the second logical channel associated with the second resource, transmitting, using the user equipment, to the network device, further uplink data on the second logical channel using the second resource.
and in an instance in which the first resource overlaps the second resource and the first priority is not greater than the second priority, transmitting, using the user equipment, further uplink data to the network device on the second logical channel using the second resource.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.: US 11395262. Although the claims at issue are not identical, they are not patentably distinct from each other because
Claim 1 of the application serial number 18803075
Claim 1 of U.S. Patent No.: US 11395262
A method comprising:
A method implemented by a terminal device, comprising:
receiving, at a user equipment, from a network device, information for configuring a first resource without an associated dynamic grant; receiving, at the user equipment, from the network device, via a physical downlink control channel, a dynamic uplink grant indicating a second resource for use in a transmission time interval; in an instance in which the first resource overlaps the second resource and a first priority of a first logical channel associated with the first resource is greater than a second priority of a second logical channel associated with the second resource, transmitting, using the user equipment, to the network device, uplink data on the first logical channel using the first resource; and in an instance in which the first resource overlaps the second resource and the first priority of the first logical channel associated with the first resource is equal to or less than the second priority of the second logical channel associated with the second resource, transmitting, using the user equipment, to the network device, further uplink data on the second logical channel using the second resource.
receiving, from a network device, a configuration of a first resource, the first resource being a grant-free resource; receiving, from the network device, an uplink grant indicating a second resource for use in a transmission time interval; determining, based on the configuration of the first resource, whether the first resource is available in the transmission time interval; determining whether a predefined condition associated with a logical channel for the terminal device is met; in response to determining that the first resource is available in the transmission time interval and the predefined condition is met, transmitting uplink data to the network device on the logical channel using the first resource; and in response to determining that the predefined condition is not met, transmitting further uplink data to the network device on a further logical channel using the second resource.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUONG T HO whose telephone number is (571)272-3133. The examiner can normally be reached 7:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUONG T HO/Primary Examiner, Art Unit 2412
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