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 .
This Office action is in response to the application filed on 08/16/2024.
Claims 1-20 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/23/2024 is in compliance
with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is considered by the examiner.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,074,711 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of the ‘711 patent encompass all of the limitations recited in claims 1-20 of the instant application.
More specifically, as shown in the claim comparison table below, the claimed base station method of the instant application is not patentably distinct from the claimed wireless device method of the ‘711 patent because the transmitting configuration parameters by the base station is merely the complementary operation corresponding to the receiving of the same configuration parameters by the wireless device. In a wireless communication system, transmission of the configuration parameters by the base station necessarily results in reception of the same configuration parameters by the wireless device. Accordingly, the claimed operations define complementary aspects of the same signaling procedure. Therefore, claims 1 and 5 of the ‘711 patent is not patentably distinct from claim 1 of the instant application.
"A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a 35 patent claim to a species within that genus). " ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Instant Application 18/807,361
Claim 1. A method comprising:
(1) transmitting, by a base station, one or more messages comprising one or more configuration parameters indicating:
(2) a first subcarrier spacing for a first bandwidth part (BWP) of a scheduling cell; and
(3) a second subcarrier spacing for a second BWP of a scheduled cell different from the scheduling cell, wherein the first subcarrier spacing is lower than the second subcarrier spacing;
(4) transmitting, in a control channel monitoring occasion in a time slot of the scheduling cell and via the scheduling cell, a plurality of downlink control information (DCIs) scheduling transport blocks (TBs) for the scheduled cell, wherein a number of the plurality of DCIs is based on the first subcarrier spacing and the second subcarrier spacing; and
(5) receiving an acknowledgment codebook comprising acknowledgment information bits of the TBs, wherein the acknowledgement information bits are ordered, in the acknowledgment codebook, based on starting times associated with the TBs
U.S. Patent 12,074,711 B2
Claim 1. A method comprising:
(1) receiving, by a wireless device, one or more messages comprising one or more configuration parameters indicating:
(2) a first subcarrier spacing for a first bandwidth part (BWP) of a scheduling cell; and
(3) a second subcarrier spacing for a second BWP of a scheduled cell different from the scheduling cell, wherein the first subcarrier spacing is lower than the second subcarrier spacing;
(4) receiving, in a control channel monitoring occasion in a time slot of the scheduling cell and via the scheduling cell, a plurality of downlink control information (DCIs) scheduling transport blocks (TBs) for the scheduled cell, wherein a number of the plurality of DCIs is based on the first subcarrier spacing and the second subcarrier spacing;
(5) ordering, in an acknowledgement codebook, acknowledgement information bits of the TBs based on starting times associated with the TBs; and
transmitting the acknowledgement codebook.
Claim 5. The method of claim 1, wherein
(5) the ordering acknowledgement information bits is based on an ascending order of the starting times associated with the TBs, wherein each TB of the TBs is ordered in a respective time of the starting times.
Claims 1-19 of U.S. Patent No. 12,074,711 B2 comprise the same element of claims 1-19 of instant application, respectively.
Claims 6 and 12 of U.S. Patent No. 12,074,711 B2 comprise the same element of claim 20 of instant application.
Claim Rejections - 35 USC § 103
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.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cirik et al. (US 2023/0318792 A1), in view of Lu et al. (US 2019/0349180 A1).
As to claim 1, Cirik discloses the invention as claimed, including a method comprising:
transmitting, by a base station, one or more messages comprising one or more configuration parameters indicating (Figs. 16-18; ¶0025-¶0027, “cross-carrier scheduling”; ¶0173, “Information in the DCI formats for downlink scheduling may comprise an indicator (e.g., identifier) of a DCI format, carrier indicator, frequency domain resource assignment, time domain resource assignment, bandwidth part indicator,…”):
a first subcarrier spacing for a first bandwidth part (BWP) of a scheduling cell; and
a second subcarrier spacing for a second BWP of a scheduled cell different from the scheduling cell, wherein the first subcarrier spacing is lower than the second subcarrier spacing (Figs. 16-18; ¶0095; ¶0240, “the wireless device may receive a plurality of DCI messages (e.g., DCI 1630-DCI 1634) via a PDCCH monitoring occasion of a scheduling cell (e.g., a first cell 1610). The scheduling cell may have a first numerology (e.g., subcarrier spacing). The plurality of DCI messages may be used to schedule a scheduled cell (e.g., a second cell 1620). The scheduled cell may have a second numerology that is higher than the first numerology of the scheduling cell”; ¶0266, “The first cell may be a scheduling cell. The second cell may be a scheduled cell. The first cell may cross-carrier schedule the second cell, for example, if the first cell is the scheduling cell and the second cell is the scheduled cell. The first cell cross-carrier scheduling the second cell may comprise monitoring (e.g., by the wireless device), for DCI and for the second cell, PDCCH candidates in PDCCH monitoring occasions for the one or more coresets of the first BWP of the first cell”);
transmitting, in a control channel monitoring occasion in a time slot of the scheduling cell and via the scheduling cell, a plurality of downlink control information (DCIs) scheduling transport blocks (TBs) for the scheduled cell (Fig. 16, DCI 0, DCI 1, DCI 2; Fig. 17, DCI0 and DCI1 or DCI2 and DCI3; Fig.18. DCI0-DCI3; ¶0104, “A base station may send (e.g., transmit) DCI and/or control signaling…DCI may comprise downlink and/or uplink scheduling information (e.g., resource allocation information, HARQ related parameters, MCS), request(s) for CSI (e.g., aperiodic CQI reports), request(s) for an SRS, uplink power control commands for one or more cells, one or more timing information (e.g., TB transmission/reception timing, HARQ feedback timing, etc.), and/or the like”; ¶0240, “The wireless device may receive a plurality of DCI messages (e.g., unicast DCIs), in/via a PDCCH monitoring occasion of a scheduling cell. The plurality of DCI messages may schedule a plurality of TBs for a scheduled cell…The scheduling cell may have a first numerology (e.g., subcarrier spacing). The plurality of DCI messages may be used to schedule a scheduled cell (e.g., a second cell 1620)”; ¶0267, “The DCI may schedule a TB for the second cell. The DCI may schedule a PDSCH for the second cell. The wireless device may receive the TB (and/or the PDSCH) via the second cell”; ¶0278, “in FIG. 17, the second quantity/number may be two (e.g., DCI-0 and DCI-1 or DCI-2 and DCI-3). For example, in FIG. 18, the second quantity/number may be four (e.g., DCI-0, DCI-1, DCI-2 and DCI-3). The plurality of DCI messages may schedule a plurality of transport blocks (e.g., PDSCH, PUSCH) for the plurality of second slots of the second cell”); and
receiving an acknowledgment codebook comprising acknowledgment information bits of the TBs, wherein the acknowledgement information bits are ordered, in the acknowledgment codebook, based on starting times associated with the TBs (¶0162, “indicate an uplink resource (e.g., an uplink time slot, a PUCCH resource, etc.) to use for a transmission, such as for sending an acknowledgment of the at least one TB (e.g., a HARQ-ACK information)”; ¶0223, “indicate HARQ feedback (e.g., a positive or negative acknowledgement (ACK or NACK respectively)) for a downlink reception (e.g., dynamically scheduled PDSCH and/or semi-persistently scheduled PDSCH or a DCI indicating release of downlink SPS). The wireless device may create a HARQ-ACK codebook. The codebook may comprise a plurality of acknowledgements corresponding to the plurality of downlink receptions”; ¶0504, “transmission of hybrid automatic repeat request acknowledgement (HARQ-ACK) information associated with each of the plurality of TBs, wherein each of the plurality of uplink time slots is the same; determining a physical uplink control channel (PUCCH) resource associated with a latest starting time of the downlink time slots”; ¶0506, “transmitting, via the PUCCH resource, the HARQ-ACK information. The operations may further comprise ordering the DCI messages based on starting times of the downlink time slots; and determining, based on the ordering, the latest starting time of the downlink time slots”; ¶0510).
Although Cirik discloses a number of the plurality of DCIs (Figs. 16-18), Cirik does not specifically disclose a number of the plurality of DCIs is based on the first subcarrier spacing and the second subcarrier spacing.
However, Lu discloses wherein a number of the plurality of DCIs is based on the first subcarrier spacing and the second subcarrier spacing (¶0273, “The UE transmits PUSCH, PUCCH, PRACH, or SRS in the set of symbols of the slot if the UE receives a corresponding indication by a DCI format 0_0, DCI format 0_1, or DCI format 2_3”; ¶0276; ¶0297; ¶0389, “configured to receive DCI format 2_0 on a monitoring occasion such that a time period containing a number of consecutive slots with a second SCS associated with a slot format in the combination of slot formats indicated by a SFI index in the DCI format 2_0 aligns slot boundary of a slot with the first SCS”; ¶0390, “the first SFI index in the DCI format 2_0 could indicate slot format of a number of consecutive slot with the second SCS, wherein the number of consecutive slot begins from the slot where the UE receives the DCI format 2_0. The first SFI index in the DCI format 2_0 could also indicate slot format of a number of consecutive slot with the second SCS”; ¶0391, “receive DCI format 2_0 on a monitoring occasion such that a number of consecutive slots indicated by a SFI index in the DCI format 2_0 does not align slot boundary of a slot with the first SCS. The value of the first SCS could be smaller than or equal to value of the second SCS. The first SCS could be a reference SCS”; ¶0392, “A monitoring occasion for DCI format 2_0 could be determined based on at least a slot-level periodicity, slot level offset, and/or a bit-map, wherein the bit-map indicates a monitoring occasion for DCI format 2_0 within a slot with a second SCS. A monitoring occasion for a DCI format 2_0 may only occur in the first three OFDM symbols in a slot with a second SCS”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Cirik to include a number of the plurality of DCIs is based on the first subcarrier spacing and the second subcarrier spacing, as taught by Lu because it would allow the base station to control scheduling across different frequency ranges or bandwidth parts (BWPs) with distinct subcarrier spacings, thereby enhancing the cross carrier or cross bandwidth scheduling (Lu; ¶0044-¶0047).
As to claim 2, Cirik discloses the method of claim 1, wherein each DCI of the plurality of DCIs indicates a same uplink time slot for transmission of acknowledgement information of a respective TB of the TBs (¶0510, “wherein each DCI of the plurality of DCIs: schedules a respective TB, of the TBs, in a downlink time slot of the downlink time slots; and indicates a same uplink time slot for transmission of hybrid automatic repeat request acknowledgement (HARQ-ACK) information of the respective TB…The indexing the plurality of DCIs may be based on each DCI of the plurality of DCIs indicating the same uplink time slot”).
As to claim 3, Cirik discloses the method of claim 1, wherein each DCI of the plurality of DCIs schedules a respective TB of the TBs (¶0451, “a plurality of downlink control information (DCIs), in a physical downlink control channel (PDCCH) monitoring occasion of a cell, scheduling transport blocks (TBs) in downlink time slots, wherein each DCI of the plurality of DCIs schedules a respective TB, of the TBs, in a downlink time slot of the downlink time slots”; ¶0510).
As to claim 4, Cirik discloses the e method of claim 1, wherein the plurality of DCIs are a plurality of unicast DCIs (¶0240, “receive a plurality of DCI messages (e.g., unicast DCIs), in/via a PDCCH monitoring occasion of a scheduling cell”; ¶0279, “the plurality of DCIs may be unicast DCI. For example, each DCI message of the plurality of DCI messages may be a unicast DCI message”).
As to claim 5, Cirik discloses the method of claim 1, wherein: the order of the acknowledgement information bits is based on an ascending order of the starting times associated with the TBs; and each TB of the TBs is ordered in a respective time of the starting times (¶0162, “indicate an uplink resource (e.g., an uplink time slot, a PUCCH resource, etc.) to use for a transmission, such as for sending an acknowledgment of the at least one TB (e.g., a HARQ-ACK information)”; ¶0223, “indicate HARQ feedback (e.g., a positive or negative acknowledgement (ACK or NACK respectively)) for a downlink reception (e.g., dynamically scheduled PDSCH and/or semi-persistently scheduled PDSCH or a DCI indicating release of downlink SPS). The wireless device may create a HARQ-ACK codebook. The codebook may comprise a plurality of acknowledgements corresponding to the plurality of downlink receptions”; ¶0504, “transmission of hybrid automatic repeat request acknowledgement (HARQ-ACK) information associated with each of the plurality of TBs, wherein each of the plurality of uplink time slots is the same; determining a physical uplink control channel (PUCCH) resource associated with a latest starting time of the downlink time slots”; ¶0506, “transmitting, via the PUCCH resource, the HARQ-ACK information. The operations may further comprise ordering the DCI messages based on starting times of the downlink time slots; and determining, based on the ordering, the latest starting time of the downlink time slots”; ¶0510).
As to claim 6, Cirik discloses the method of claim 1, wherein the order of the acknowledgement information of the TBs is based on the starting times associated with the TBs is in response to receiving the plurality of DCIs in the same control channel monitoring occasion of the same cell (¶0510, “wherein each DCI of the plurality of DCIs: schedules a respective TB, of the TBs, in a downlink time slot of the downlink time slots; and indicates a same uplink time slot for transmission of hybrid automatic repeat request acknowledgement (HARQ-ACK) information of the respective TB; indexing the plurality of DCIs in an order based on starting times of the downlink time slots; selecting a last DCI of the plurality of DCIs in the order; and transmitting HARQ-ACK information of the TBs via a physical uplink control channel (PUCCH) resource indicated by the last DCI”; ¶0512).
As to claim 7, Cirik discloses the method of claim 1, wherein the number of the plurality of DCIs is: two in response to the first subcarrier spacing and the second subcarrier spacing being 30 kHz and 60 kHz, respectively; and four in response to the first subcarrier spacing and the second subcarrier spacing being: 15 kHz and 60 kHz, respectively; or 30 kHz and 120 kHz, respectively (Fig. 10; ¶0115, “BWPs may be configured as follows: BWP1 (1010 and 1050) with a width of 40 MHz and subcarrier spacing of 15 kHz; BWP2 (1020 and 1040) with a width of 10 MHz and subcarrier spacing of 15 kHz; BWP3 1030 with a width of 20 MHz and subcarrier spacing of 60 kHz. Any quantity/number of BWP configurations may comprise any other width and subcarrier spacing combination”; ¶0254, “The first BWP may have a first BWP-specific numerology (e.g., 15 kHz, 30 kHz, etc.) of the BWP-specific numerologies. The second BWP may have a second BWP-specific numerology (e.g., 15 kHz, 60 kHz, 120 kHz) of the BWP-specific numerologies”).
As to claim 8, it is rejected for the same reasons set forth in claim 1 above. In addition, Cirik discloses a base station (Fig. 3, 120) comprising: one or more processors (Fig. 3, 321); and memory (Fig. 3, 322) storing instructions (Fig. 3, 323) that, when executed by the one or more processors, cause the one or more processors to perform operations.
As to claims 9-14, they are rejected for the same reasons set forth in claims 2-7 above, respectively.
As to claim 15, it is rejected for the same reasons set forth in claim 1 above. In addition, Cirik discloses a non-transitory computer-readable medium comprising instructions (Fig. 3, 323) that, when executed by one or more processors (Fig. 3, 321) of a base station (Fig. 3, 120), cause the base station to perform operations (Fig. 3; ¶0054; ¶0068).
As to claims 16-20, they are rejected for the same reasons set forth in claims 2-6 above, respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
YEO et al. (US 2021/0314100), Aiba et al. (US 2019/0215871), Shaheen et al. (US 10,805,941), Takeda et al. (US 2022/0104201), CHENG et al. (US 2019/0037551) disclose method and system for determining, by a first device, a subcarrier spacing of a serving cell, and determining a resource unit of the serving cell based on the subcarrier spacing of the serving cell.
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/JUNGWON CHANG/Primary Examiner, Art Unit 2454 July 24, 2026
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