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).
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Claims 21-34 (Instant application 18/807,878) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,074,747, claims 1-17 of U.S. 11,689,403, claims 1-20 of U.S. Patent No. 11,240,081. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims disclose obvious variants of the pending claims as shown below.
Instant Application 18/807,878
US 12,074,747
21. A User Equipment (UE) in a wireless communication system, the UE comprising: a processor is configured to: transmit uplink control information (UCI) which includes hybrid automatic repeat request acknowledgment (HARQ-ACK) information representing a response to a downlink channel having been received from a base station, a scheduling request (SR) representing whether to request for uplink resource allocation, and a beam recovery request (BR) indicating whether to request for recovery from a beam failure, when a number of bits of the UCI does not exceed 2, transmit the UCI using a physical uplink control channel (PUCCH) format 0 generated by cyclic-shifting a base sequence based on a second cyclic shift (CS) value, wherein a first CS value is determined based on the HARQ-ACK information, wherein a CS offset is determined based on the SR, wherein the second CS value representing a degree of cyclic-shifting the base sequence to be used in a PUCCH based on the first CS value and the CS offset, when the number of bits of the UCI exceeds 2, transmit the UCI using a PUCCH format 2, wherein when the number of bits of the UCI exceeds 2, the UCI includes one or more bits representing the HARQ-ACK information, one or more bits representing the SR, and one or more bits representing BR, wherein each of transmission resource of the PUCCH format 0 and transmission resource of the PUCCH format 2 are one or two symbols in a time domain, wherein a PUCCH resource for the SR and a PUCCH resource for the BR are independently configured.
Difference: The applicant merely broadens the scope of the claim by deleting “wherein a transmission resource of the PUCCH format 0 is one resource block defined by 12 subcarriers in a frequency domain.”
1. A User Equipment (UE) in a wireless communication system, the UE comprising: a processor is configured to: transmit uplink control information (UCI) which includes hybrid automatic repeat request acknowledgment (HARQ-ACK) information representing a response to a downlink channel having been received from a base station, a scheduling request (SR) representing whether to request for uplink resource allocation, and a beam recovery request (BR) indicating whether to request for recovery from a beam failure, when a number of bits of the UCI does not exceed 2, transmit the UCI using a physical uplink control channel (PUCCH) format 0 generated by cyclic-shifting a base sequence based on a second cyclic shift (CS) value, wherein a first CS value is determined based on the HARQ-ACK information, wherein a CS offset is determined based on the SR, wherein the second CS value representing a degree of cyclic-shifting the base sequence to be used in a PUCCH based on the first CS value and the CS offset, wherein a transmission resource of the PUCCH format 0 is one resource block defined by 12 subcarriers in a frequency domain, when the number of bits of the UCI exceeds 2, transmit the UCI using a PUCCH format 2, wherein when the number of bits of the UCI exceeds 2, the UCI includes one or more bits representing the HARQ-ACK information, one or more bits representing the SR, and one or more bits representing BR, wherein each of the transmission resource of the PUCCH format 0 and transmission resource of the PUCCH format 2 are one or two symbols in a time domain, wherein a PUCCH resource for the SR and a PUCCH resource for the BR are independently configured.
22. The UE of claim 21, wherein the second CS value is any one among a plurality of CS values determined according to the CS offset and a number of bits representing the HARQ-ACK information, the plurality of CS values are configured with CS values that are different from each other and increased by an identical interval based on a smallest CS value among the plurality of CS values, and a size of the interval remains constant regardless of whether the SR is positive or negative.
2. The UE of claim 1, wherein the second CS value is any one among a plurality of CS values determined according to the CS offset and a number of bits representing the HARQ-ACK information, the plurality of CS values are configured with CS values that are different from each other and increased by an identical interval based on a smallest CS value among the plurality of CS values, and a size of the interval remains is-constant regardless of whether the SR is positive or negative.
23. The UE of claim 22, wherein the base sequence is cyclic-shifted with N CS values which are different from each other, the HARQ-ACK information comprises m bits, and the size of the interval is N/(2^m).
3. The UE of claim 2, wherein the base sequence is cyclic-shifted with N CS values which are different from each other, the HARQ-ACK information comprises m bits, and the size of the interval is N/(2{circumflex over ( )}m).
24. The UE of claim 23, wherein m is 2, and N is 12.
4. The UE of claim 3, wherein m is 2, and N is 12.
25. The UE of claim 24, wherein when the SR is the positive SR, the CS offset is 1, and when the SR is the negative SR, the CS offset is 0.
5. The UE of claim 4, wherein when the SR is the positive SR, the CS offset is 1, and when the SR is the negative SR, the CS offset is 0.
26. The UE of claim 25, wherein when the SR is the negative SR, the second CS value is one among 0, 3, 6, and 9.
6. The UE of claim 5, wherein when the SR is the negative SR, the second CS value is one among 0, 3, 6, and 9.
27. The UE of claim 26, wherein when the SR is the positive SR, the second CS value is one among 1, 4, 7, and 10.
7. The UE of claim 6, wherein when the SR is the positive SR, the second CS value is one among 1, 4, 7, and 10.
28. The UE of claim 21, wherein the processor further configured to: when the number of bits of the UCI does not exceed 2 and the BR is a negative BR which requests a recovery from a beam failure, transmit the SR and the HARQ-ACK information through the PUCCH resource for the SR, and when the number of bits of the UCI does not exceed 2 and the BR is the positive BR, transmit the BR and the HARQ-ACK information through the PUCCH resource for the BR.
8. The UE of claim 1, wherein the processor further configured to: when the number of bits of the UCI does not exceed 2 and the BR is a negative BR which requests a recovery from a beam failure, transmit the SR and the HARQ-ACK information through the PUCCH resource for the SR, and when the number of bits of the UCI does not exceed 2 and the BR is the positive BR, transmit the BR and the HARQ-ACK information through the PUCCH resource for the BR.
29. A method of wireless communication by a User Equipment (UE) operating in a wireless communication system, the wireless communication method comprising: transmitting uplink control information (UCI) which includes hybrid automatic repeat request acknowledgment (HARQ-ACK) information representing a response to a downlink channel having been received from a base station, a scheduling request (SR) representing whether to request for uplink resource allocation, and a beam recovery request (BR) indicating whether to request for recovery from a beam failure, when a number of bits of the UCI does not exceed 2, transmitting the UCI using a physical uplink control channel (PUCCH) format 0 generated by cyclic-shifting a base sequence based on a second CS value, wherein a first CS value is determined based on the HARQ-ACK information, wherein a CS offset is determined based on the SR, wherein the second CS value representing a degree of cyclic-shifting the base sequence to be used in a PUCCH based on the first CS value and the CS offset, and when the number of bits of the UCI exceeds 2, transmitting the UCI using a PUCCH format 2, wherein when the number of bits of the UCI exceeds 2, the UCI includes one or more bits representing the HARQ-ACK information, one or more bits representing the SR, and one or more bits representing BR, wherein each of transmission resource of the PUCCH format 0 and transmission resource of the PUCCH format 2 are one or two symbols in a time domain, wherein a PUCCH resource for the SR and a PUCCH resource for the BR are independently configured.
Difference: The applicant merely broadens the scope of the claim by deleting “wherein a transmission resource of the PUCCH format 0 is one resource block defined by 12 subcarriers in a frequency domain.”
9. A method of wireless communication by a User Equipment (UE) operating in a wireless communication system, the wireless communication method comprising: transmitting uplink control information (UCI) which includes hybrid automatic repeat request acknowledgment (HARQ-ACK) information representing a response to a downlink channel having been received from a base station, a scheduling request (SR) representing whether to request for uplink resource allocation, and a beam recovery request (BR) indicating whether to request for recovery from a beam failure, when a number of bits of the UCI does not exceed 2, transmitting the UCI using a physical uplink control channel (PUCCH) format 0 generated by cyclic-shifting a base sequence based on a second CS value, wherein a first CS value is determined based on the HARQ-ACK information, wherein a CS offset is determined based on the SR, wherein the second CS value representing a degree of cyclic-shifting the base sequence to be used in a PUCCH based on the first CS value and the CS offset, wherein a transmission resource of the PUCCH format 0 is one resource block defined by 12 subcarriers in a frequency domain, and when the number of bits of the UCI exceeds 2, transmitting the UCI using a PUCCH format 2, wherein when the number of bits of the UCI exceeds 2, the UCI includes one or more bits representing the HARQ-ACK information, one or more bits representing the SR, and one or more bits representing BR, wherein each of the transmission resource of the PUCCH format 0 and transmission resource of the PUCCH format 2 are one or two symbols in a time domain, wherein a PUCCH resource for the SR and a PUCCH resource for the BR are independently configured.
30. The method of claim 29, wherein the second CS value is any one among a plurality of CS values determined according to the CS offset and a number of bits representing the HARQ-ACK information, the plurality of CS values are configured with CS values that are different from each other and increased by an identical interval based on a smallest CS value among the plurality of CS values, and a size of the interval remains constant regardless of whether the SR is positive or negative.
10. The method of claim 9, wherein the second CS value is any one among a plurality of CS values determined according to the CS offset and a number of bits representing the HARQ-ACK information, the plurality of CS values are configured with CS values that are different from each other and increased by an identical interval based on a smallest CS value among the plurality of CS values, and a size of the interval remains is constant regardless of whether the SR is positive or negative.
31. The method of claim 30, wherein the base sequence is cyclic-shifted with N CS values which are different from each other, the HARQ-ACK information comprises m bits, and the size of the interval is N/(2^m).
11. The method of claim 10, wherein the base sequence is cyclic-shifted with N CS values which are different from each other, the HARQ-ACK information comprises m bits, and the size of the interval is N/(2{circumflex over ( )}m).
32. The method of claim 31, wherein when the SR is a positive SR, the CS offset is 1, and when the SR is the negative SR, the CS offset is 0.
12. The method of claim 11, wherein when the SR is a positive SR, the CS offset is 1, and when the SR is the negative SR, the CS offset is 0.
33. The method of claim 32, wherein when the SR is the negative SR, the second CS value is one among 0, 3, 6, and 9.
13. The method of claim 12, wherein when the SR is the negative SR, the second CS value is one among 0, 3, 6, and 9.
34. The method of claim 29, wherein the transmitting the UCI using the PUCCH format 0 further comprises: when the number of bits of the UCI does not exceed 2 and the BR is a negative BR which requests a recovery from a beam failure, transmitting the SR and the HARQ-ACK information through the PUCCH resource for the SR, and when the number of bits of the UCI does not exceed 2 and the BR is the positive BR, transmitting the BR and the HARQ-ACK information through the PUCCH resource for the BR.
14. The method of claim 9, wherein the transmitting the UCI using the PUCCH format 0 further comprises: when the number of bits of the UCI does not exceed 2 and the BR is a negative BR which requests a recovery from a beam failure, transmitting the SR and the HARQ-ACK information through the PUCCH resource for the SR, and when the number of bits of the UCI does not exceed 2 and the BR is the positive BR, transmitting the BR and the HARQ-ACK information through the PUCCH resource for the BR.
The closest Prior Arts:
YOSHIMURA et al (US 2019/0140876 A1) discloses a User Equipment (UE) in a wireless communication system (fig. 1, wireless communication system 100 which includes base station apparatus 1 and terminal apparatuses 3A, 3B, section 0031-0033), the UE (fig. 1, see, terminal apparatus 13 which wirelessly communicates with base station/eNB 1, section 0031-0033) comprising: (fig. 12, terminal apparatus 3 which includes receive antenna 412/transmit antenna 401 coupled to a processing unit/extracting unit 403/405 and controller 406, section 0155-0156) ; and a processor (fig. 12, controller which is coupled to the processing units and antennas, section 0155-0156) for controlling an operation of the communication module (fig. 12, terminal apparatus 3 which includes receive antenna 412/transmit antenna 401 coupled to a processing unit/extracting unit 403/405 and controller 406, section 0155-0156), wherein the processor (see, the controller of the terminal apparatus which is configured to determine a cyclic shift for transmission on the PUCCH, section 0014-0015, noted: there are values/amounts associated with the cyclic shifts, section 0120-0129) is configured to: determine a first cyclic shift (CS) value (see, the controller of the terminal apparatus which is configured to determine a cyclic shift for transmission on the PUCCH, section 0014-0015, noted: there are values/amounts associated with the cyclic shifts, section 0120-0129) based on hybrid automatic repeat request acknowledgment (HARQ-ACK) information (see, the cyclic shift based on the scheduling request (SR) and HAR-ACK, section 0014-0015) representing a response to a downlink channel (see, the cyclic shift depends on DCI, PDCCH received from base station or from which the base station expects, section 0064, 0085, 0142) having been received from a base station (fig. 1, base station apparatus 1, section 0031-0033), determine a CS offset based on request information representing a request to be transmitted from the UE to the base station (see, second cyclic shift value based on a second sequence, section 0014-0015, 0166-0168, 0171, 0120, 0128-0129-diffent cyclic values/amounts in relation to SR that are transmitted to the base station via the PUCCH), determine a second CS value representing a degree of cyclic-shifting a base sequence (see, different cyclic shifts used in the transmission of SR and HARQ-ACK , section 0120, 0128-0129) to be used in a physical uplink control channel (PUCCH) on based on the first CS value and the CS offset (see, generating sequences based on the first cyclic shift value and second cyclic shift value, transmits of SR and HARQ on the PUCCH, section 0014-0015, 0178, 0181, 0120, 0128-0129-transmitted SR with different cyclic shifts/amounts to the base station).
Nayeb Nazar et al (US 2020/0067680 A1, Provisional Application No. 62/500,772, filed on May 3, 2017) from a similar field of endeavor (see, the WTRU in the wireless method and apparatus where the UE transmit UL transmission, simultaneous transmission,, the UE sends positive/negative HARQ acknowledgments with different cyclic shifts of the Zadoff-Sequence, section 0052, 0083,0104) discloses: transmit the PUCCH for simultaneous transmission (section 0052-simultanoeus transmission, the PUCCH caries HARQ-ACK with scheduling request (SR), HARQ-ACK values/bits, section 0083, 0088, 0090) of the request information and the HARQ-ACK information using a sequence generated by cyclic-shifting the base sequence based on the second CS value (see, the WTRU uses cyclic shifts with CAZAC sequences of HARQ-ACK, SR bits on the PUCH, section 0091, section 0092-0093-the cyclic shifts (See, CS 1, 4, 7, and 10) with different sequence lengths used in transmitting of HARQ ACK/NAK values).
Cho et al (US 2020/0092876 A1) discloses multiplexing of SR PUCCHs with different cyclic shift. Cyclic shifts for the CAZAK sequences to different UEs (section 0046-0048).
Cho ‘876 further discloses PUCCH table listing of PUCH formats in relation to UCI types of HARQ-ACK (section 0064) and number of UCI bits that exceeds a certain threshold (section 0071, 0074).
Zhou et al (US 2019/0149305 A1) discloses scheduling request (SR) in relation uplink control information (UCI) via PUCCH resources (section 0287) and number of UCI bits in relation to PUCCH format.
Cheng et al (US 2014/0301324 A1) discloses device and method for transmission uplink control information (UCI) to a UE, the UE then determines cyclic shifts (i.e., first, second CSs) for transmitting of scheduling request (SR), HARQ-ACK on the PUCCH (section 0035, 0063, 0108, 0127, 0185, 0195, 0204).
YAMAMOTO et al (US 2020/0178242 A1) discloses a terminal that calculates PUCCH sequence (cyclic shift pattern) (section 0125).
LIU et al (US 2020/0413428 A1) discloses terminal and base station apparatuses for calculating of cyclic shift value in sequence PUCCH format, transmitting of HARQ-ACK and SR (i.e., SR = 1, SR=0) using bit values (Section 0180, 0187, 0206, 0209-0210).
Allowable Subject Matter
Claims 21-34 allowed if a Terminal Disclaimer (TD) is filed to overcome the Double Patenting Rejection, as set forth in this Office Action.
The closest prior arts either singularly or in combination fail to reasonably anticipate or render obvious “when a number of bits of the UCI does not exceed 2, transmit the UCI using a physical uplink control channel (PUCCH) format 0 generated by cyclic-shifting a base sequence based on a second cyclic shift (CS) value, wherein a first CS value is determined based on the HARQ-ACK information, wherein a CS offset is determined based on the SR, wherein the second CS value representing a degree of cyclic-shifting the base sequence to be used in a PUCCH based on the first CS value and the CS offset, when the number of bits of the UCI exceeds 2, transmit the UCI using a PUCCH format 2, wherein when the number of bits of the UCI exceeds 2, the UCI includes one or more bits representing the HARQ-ACK information, one or more bits representing the SR, and one or more bits representing BR, wherein each of transmission resource of the PUCCH format 0 and transmission resource of the PUCCH format 2 are one or two symbols in a time domain, wherein a PUCCH resource for the SR and a PUCCH resource for the BR are independently configured” recited in claim 21, 29.
Conclusion
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/CANDAL ELPENORD/Primary Examiner, Art Unit 2473
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