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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/19/2024 was filed with the instant application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. PCT/CN2020/080865 filed on 09/29/2021 with the application 17/599,890.
Claim Objections
Claim 9 is objected to because of the following informalities: An abbreviated term “URLLC” has been used. Appropriate correction is required.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 7 of U.S. Patent. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 1 of the instant application is anticipated by the claims 1 and 7 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
A transmitting method for transmission, applied to a transmitting terminal, comprising: determining, by the transmitting terminal, in response to firstly received downlink control information (DCI) for scheduling or activating the first transmission, to transmit a first transmission, and cancelling to transmit a second transmission; determining, by the transmitting terminal, in response to firstly received DCI for scheduling or activating the second transmission, to transmit the first transmission or the second transmission no later than a time threshold; and transmitting, by the transmitting terminal, the determined first transmission or second transmission,
wherein a maximum value of the time threshold is associated with to what extent that a look-ahead capability is supported by the transmitting terminal.
A transmitting method for transmission, applied to a transmitting terminal, comprising: determining, by the transmitting terminal, in response to firstly received downlink control information (DCI) for scheduling or activating the first transmission, to transmit a first transmission, and cancelling to transmit a second transmission; determining, by the transmitting terminal, in response to the firstly received DCI for scheduling or activating the second transmission, to transmit the first transmission or the second transmission no later than a time threshold; and transmitting, by the transmitting terminal, the determined first transmission or second transmission, wherein determining to transmit the first transmission or the second transmission no later than the time threshold comprises: determining to transmit the first transmission in response to receiving, within the time threshold, the DCI for scheduling or activating the first transmission, and determining to transmit the second transmission in response to not receiving, within the time threshold, the DCI for scheduling or activating the first transmission.
7. The method of claim 1, wherein a maximum value of the time threshold is associated with a look-ahead capability of the transmitting terminal.
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 2 of the instant application is anticipated by the claim 12 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
2. The method of claim 1, wherein determining to transmit the first transmission or the second transmission no later than the time threshold comprises: determining to transmit the first transmission in response to receiving, within the time threshold, the DCI for scheduling or activating the first transmission, and determining to transmit the second transmission in response to not receiving, within the time threshold, the DCI for scheduling or activating the first transmission.
12. A non-transitory computer-readable storage medium, having a computer program stored thereon, the computer program is configured to be executed by a processor to cause the processor to perform: determining, in response to firstly received downlink control information (DCI) for scheduling or activating a first transmission, to transmit the first transmission, and cancelling to transmit a second transmission; determining, in response to the firstly received DCI for scheduling or activating the second transmission, to transmit the first transmission or the second transmission no later than a time threshold; and transmitting the determined first transmission or second transmission, wherein determining to transmit the first transmission or the second transmission no later than the time threshold comprises: determining to transmit the first transmission in response to receiving, within the time threshold, the DCI for scheduling or activating the first transmission, and determining to transmit the second transmission in response to not receiving, within the time threshold, the DCI for scheduling or activating the first transmission.
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 3 of the instant application is anticipated by the claim 4 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
3. The method of claim 1, wherein a minimum value of the time threshold comprises a first time unit after a time unit in which the DCI for scheduling or activating the second transmission is received by the transmitting terminal; and the maximum value of the time threshold comprises time units from the first time unit after the time unit in which the DCI for scheduling or activating the second transmission is received by the transmitting terminal, to a time unit forward T time units from a start time unit of the second transmission, wherein T is an integer.
4. The method of claim 1, wherein a minimum value of the time threshold comprises a first time unit after a time unit in which the DCI for scheduling or activating the second transmission is received by the transmitting terminal; and a maximum value of the time threshold comprises time units from the first time unit after the time unit in which the DCI for scheduling or activating the second transmission is received by the transmitting terminal, to a time unit forward T time units from a start time unit of the second transmission, wherein T is an integer.
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 4 of the instant application is anticipated by the claim 2 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
4. The method of claim 1, wherein time-domain resources of the first transmission and the second transmission overlap completely or partially.
2. The method of claim 1, wherein time-domain resources of the first transmission and the second transmission overlap completely or partially
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 5 of the instant application is anticipated by the claim 3 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
5. The method of claim 1, wherein the transmitting terminal determines to transmit the first transmission or the second transmission in a specific time-frequency resource, and the specific time-domain resource satisfies at least one of: the specific time-domain resource comprises an available uplink resource of a carrier group (CG) 1 for transmitting the first transmission; the specific time-domain resource comprises an unavailable uplink resource of the CG 1; the specific time-domain resource comprises an available uplink resource of a CG 2 for transmitting the second transmission; the specific time-domain resource comprises an unavailable uplink resource of the CG 2; or the specific time-domain resource is configured to the transmitting terminal through a high-level signaling.
3. The method of claim 1, wherein the transmitting terminal determines to transmit the first transmission or the second transmission in a specific time-frequency resource, and the specific time-domain resource satisfies at least one of: the specific time-domain resource comprises an available uplink resource of a carrier group (CG) 1; the specific time-domain resource comprises an unavailable uplink resource of the CG 1; the specific time-domain resource comprises an available uplink resource of a CG 2; the specific time-domain resource comprises an unavailable uplink resource of the CG 2; or the specific time-domain resource is configured to the transmitting terminal through a high-level signaling.
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 6 of the instant application is anticipated by the claim 5 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
6. The method of claim 1, wherein the maximum value of the time threshold is associated with a processing delay at the transmitting terminal.
5. The method of claim 1, wherein a maximum value of the time threshold is associated with a processing delay at the transmitting terminal.
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 7 of the instant application is anticipated by the claim 6 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
7. The method of claim 1, wherein the maximum value of the time threshold is predefined by a system or semi-statically configured by a base station to the transmitting terminal, and T is predefined by the system or semi-statically configured by the base station to the terminal.
6. The method of claim 1, wherein a maximum value of the time threshold is predefined by a system or semi-statically configured by a base station to the transmitting terminal, and T is predefined by the system or semi-statically configured by the base station to the terminal.
Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 8 of the instant application is anticipated by the claim 8 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
8. The method of claim 1, further comprising: determining, by the transmitting terminal, to transmit the first transmission or the second transmission according to at least one of a transmission type of the first transmission or a transmission type of the second transmission.
8. The method of claim 1, further comprising: determining, by the transmitting terminal, to transmit the first transmission or the second transmission according to at least one of a transmission type of the first transmission and a transmission type of the second transmission.
Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 9 of the instant application is anticipated by the claim 9 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
9. The method of claim 8, wherein the determining, by the transmitting terminal, to transmit the first transmission or the second transmission according to at least one of a transmission type of the first transmission or a transmission type of the second transmission comprises at least one of: determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the first transmission being a Physical Random Access Channel (PRACH) and the second transmission being an uplink channel or signal other than the PRACH; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the second transmission being the PRACH and the first transmission being an uplink channel or signal other than the PRACH; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the first transmission being a New Radio (NR) PRACH and the second transmission being an uplink channel or signal other than a Long Term Evolution (LTE) PRACH; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the second transmission being the NR PRACH and the first transmission being an uplink channel or signal other than the LTE PRACH; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case where the first transmission is a Physical Uplink Control Channel (PUCCH) or Physical Uplink Shared Channel (PUSCH) comprising an NR Hybrid Automatic Repeat reQuest Acknowledgement (HARQ-ACK), and the second transmission does not comprise the NR HARQ-ACK; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case where the second transmission is the PUCCH or PUSCH comprising the NR HARQ-ACK, and the first transmission does not comprise the HARQ-ACK; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case where the first transmission is a PUCCH or PUSCH comprising NR uplink control information (UCI), and the second transmission does not comprise the NR UCI; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case where the second transmission is the PUCCH or PUSCH comprising the NR UCI, and the first transmission does not comprise the NR UCI; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the first transmission being a URLLC transmission and the second transmission being a non-URLLC transmission; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the second transmission being the URLLC transmission, and the first transmission being the non-URLLC transmission; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the first transmission being a PUCCH and the second transmission being an uplink channel or signal other than the PUCCH; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the second transmission being the PUCCH and the first transmission being an uplink channel or signal other than the PUCCH; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case where the first transmission is a PUCCH or PUSCH comprising an HARQ-ACK, and the second transmission is an uplink channel or signal that does not comprise an HARQ-ACK; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case where the second transmission is the PUCCH or PUSCH comprising the HARQ-ACK, and the first transmission is an uplink channel or signal that does not comprise an HARQ-ACK; or determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case where the first transmission is a PUSCH or PUCCH scheduled by DCI or a Sounding Reference Signal (SRS), and the second transmission is a transmission or transmission resource configured by a Radio Resource Control (RRC) signaling.
9. The method of claim 8, wherein the transmitting terminal determining to transmit the first transmission or the second transmission according to at least one of the transmission type of the first transmission and the transmission type of the second transmission comprises one of: determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the first transmission being a Physical Random Access Channel (PRACH) and the second transmission being an uplink channel or signal other than the PRACH; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the second transmission being the PRACH and the first transmission being an uplink channel or signal other than the PRACH; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the first transmission being a New Radio (NR) PRACH and the second transmission being an uplink channel or signal other than a Long Term Evolution (LTE) PRACH; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the second transmission being the NR PRACH and the first transmission being an uplink channel or signal other than the LTE PRACH; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case where the first transmission is a Physical Uplink Control Channel (PUCCH) or Physical Uplink Shared Channel (PUSCH) comprising an NR Hybrid Automatic Repeat reQuest Acknowledgement (HARQ-ACK), and the second transmission does not comprise the NR HARQ-ACK; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case where the second transmission is the PUCCH or PUSCH comprising the NR HARQ-ACK, and the first transmission does not comprise the HARQ-ACK; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case where the first transmission is a PUCCH or PUSCH comprising NR uplink control information (UCI), and the second transmission does not comprise the NR UCI; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case where the second transmission is the PUCCH or PUSCH comprising the NR UCI, and the first transmission does not comprise the NR UCI; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the first transmission being a URLLC transmission and the second transmission being a non-URLLC transmission; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the second transmission being the URLLC transmission, and the first transmission being the non-URLLC transmission; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the first transmission being a PUCCH and the second transmission being an uplink channel or signal other than the PUCCH; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the second transmission being the PUCCH and the first transmission being an uplink channel or signal other than the PUCCH; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case where the first transmission is a PUCCH or PUSCH comprising an HARQ-ACK, and the second transmission is an uplink channel or signal that does not comprise an HARQ-ACK; determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case where the second transmission is the PUCCH or PUSCH comprising the HARQ-ACK, and the first transmission is an uplink channel or signal that does not comprise an HARQ-ACK; and determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case where the first transmission is a PUSCH or PUCCH scheduled by DCI or a Sounding Reference Signal (SRS), and the second transmission is a transmission or transmission resource configured by a Radio Resource Control (RRC) signaling.
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 10 of the instant application is anticipated by the claim 10 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
10. The method of claim 1, further comprising: determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of a carrier group (CG) 1 for transmitting the first transmission being a main carrier group (MCG) and a CG 2 for transmitting the second transmission being a secondary cell group (SCG); determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the MCG and the CG 1 being the SCG; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the CG 1 being an LTE CG and the CG 2 being an NR CG; and determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the LTE CG and the CG 1 being the NR CG.
10. The method of claim 1, further comprising: determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of a carrier group (CG) 1 being a main carrier group (MCG) and a CG 2 being a secondary cell group (SCG); determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the MCG and the CG 1 being the SCG; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the CG 1 being an LTE CG and the CG 2 being an NR CG; and determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the LTE CG and the CG 1 being the NR CG.
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 11 of the instant application is anticipated by the claim 11 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
11. The method of claim 1, wherein the first transmission is scheduled to be transmitted on a first carrier or a first carrier group (CG), and the second transmission is scheduled to be transmitted on a second carrier or a second CG.
11. The method of claim 1, wherein the first transmission is scheduled to be transmitted on a first carrier or a first carrier group (CG), and the second transmission is scheduled to be transmitted on a second carrier or a second CG.
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12 and 7 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 12 of the instant application is anticipated by the claims 12 and 7 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
A non-transitory computer-readable storage medium, having a computer program stored thereon, the computer program is configured to be executed by a processor to cause the processor to perform: determining, in response to firstly received downlink control information (DCI) for scheduling or activating a first transmission, to transmit the first transmission by a transmitting terminal, and cancelling to transmit a second transmission by the transmitting terminal; determining, in response to firstly received DCI for scheduling or activating the second transmission, to transmit the first transmission or the second transmission by the transmitting terminal no later than a time threshold; and transmitting the determined first transmission or second transmission by the transmitting terminal,
wherein a maximum value of the time threshold is associated with to what extent that a look-ahead capability is supported by the transmitting terminal.
12. A non-transitory computer-readable storage medium, having a computer program stored thereon, the computer program is configured to be executed by a processor to cause the processor to perform: determining, in response to firstly received downlink control information (DCI) for scheduling or activating a first transmission, to transmit the first transmission, and cancelling to transmit a second transmission; determining, in response to the firstly received DCI for scheduling or activating the second transmission, to transmit the first transmission or the second transmission no later than a time threshold; and transmitting the determined first transmission or second transmission, wherein determining to transmit the first transmission or the second transmission no later than the time threshold comprises: determining to transmit the first transmission in response to receiving, within the time threshold, the DCI for scheduling or activating the first transmission, and determining to transmit the second transmission in response to not receiving, within the time threshold, the DCI for scheduling or activating the first transmission.
7. The method of claim 1, wherein a maximum value of the time threshold is associated with a look-ahead capability of the transmitting terminal.
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 13 of the instant application is anticipated by the claim 12 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
13. The storage medium of claim 12, wherein determining to transmit the first transmission or the second transmission by the transmitting terminal no later than the time threshold comprises: determining to transmit the first transmission by the transmitting terminal in response to receiving, within the time threshold, the DCI for scheduling or activating the first transmission, and determining to transmit the second transmission by the transmitting terminal in response to not receiving, within the time threshold, the DCI for scheduling or activating the first transmission.
12. A non-transitory computer-readable storage medium, having a computer program stored thereon, the computer program is configured to be executed by a processor to cause the processor to perform: determining, in response to firstly received downlink control information (DCI) for scheduling or activating a first transmission, to transmit the first transmission, and cancelling to transmit a second transmission; determining, in response to the firstly received DCI for scheduling or activating the second transmission, to transmit the first transmission or the second transmission no later than a time threshold; and transmitting the determined first transmission or second transmission, wherein determining to transmit the first transmission or the second transmission no later than the time threshold comprises: determining to transmit the first transmission in response to receiving, within the time threshold, the DCI for scheduling or activating the first transmission, and determining to transmit the second transmission in response to not receiving, within the time threshold, the DCI for scheduling or activating the first transmission.
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 14 of the instant application is anticipated by the claim 15 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
14. The storage medium of claim 12, wherein a minimum value of the time threshold comprises a first time unit after a time unit in which the DCI for scheduling or activating the second transmission is received; and the maximum value of the time threshold comprises time units from the first time unit after the time unit in which the DCI for scheduling or activating the second transmission is received by the transmitting terminal, to a time unit forward T time units from a start time unit of the second transmission, wherein T is an integer.
15. The storage medium of claim 12, wherein a minimum value of the time threshold comprises a first time unit after a time unit in which the DCI for scheduling or activating the second transmission is received; and a maximum value of the time threshold comprises time units from the first time unit after the time unit in which the DCI for scheduling or activating the second transmission is received by the transmitting terminal, to a time unit forward T time units from a start time unit of the second transmission, wherein T is an integer.
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 15 of the instant application is anticipated by the claim 13 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
15. The storage medium of claim 12, wherein time-domain resources of the first transmission and the second transmission overlap completely or partially.
13. The storage medium of claim 12, wherein time-domain resources of the first transmission and the second transmission overlap completely or partially.
Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 16 of the instant application is anticipated by the claim 14 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
16. The storage medium of claim 12, wherein the computer program is configured to be executed by the processor to cause the processor to determine to transmit the first transmission or the second transmission in a specific time-frequency resource, and the specific time-domain resource satisfies at least one of: the specific time-domain resource comprises an available uplink resource of a carrier group (CG) 1 for transmitting the first transmission; the specific time-domain resource comprises an unavailable uplink resource of the CG 1; the specific time-domain resource comprises an available uplink resource of a CG 2 for transmitting the second transmission; the specific time-domain resource comprises an unavailable uplink resource of the CG 2; or the specific time-domain resource is configured to a transmitting terminal through a high-level signaling.
14. The storage medium of claim 12, wherein the computer program is configured to be executed by the processor to cause the processor to determine to transmit the first transmission or the second transmission in a specific time-frequency resource, and the specific time-domain resource satisfies at least one of: the specific time-domain resource comprises an available uplink resource of a carrier group (CG) 1; the specific time-domain resource comprises an unavailable uplink resource of the CG 1; the specific time-domain resource comprises an available uplink resource of a CG 2; the specific time-domain resource comprises an unavailable uplink resource of the CG 2; or the specific time-domain resource is configured to a transmitting terminal through a high-level signaling.
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 17 of the instant application is anticipated by the claim 16 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
17. The storage medium of claim 12, wherein the maximum value of the time threshold is associated with a processing delay at the transmitting terminal.
16. The storage medium of claim 12, wherein a maximum value of the time threshold is associated with a processing delay at a transmitting terminal.
Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 18 of the instant application is anticipated by the claim 17 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
18. The storage medium of claim 12, wherein the maximum value of the time threshold is predefined by a system or semi-statically configured by a base station to the transmitting terminal, and T is predefined by the system or semi-statically configured by the base station to the terminal.
17. The storage medium of claim 12, wherein a maximum value of the time threshold is predefined by a system or semi-statically configured by a base station to a transmitting terminal, and T is predefined by the system or semi-statically configured by the base station to the terminal.
Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 19 of the instant application is anticipated by the claim 19 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
19. The storage medium of claim 12, wherein the computer program is configured to be executed by the processor to cause the processor to perform: determining to transmit the first transmission or the second transmission by the transmitting terminal according to at least one of a transmission type of the first transmission or a transmission type of the second transmission.
19. The storage medium of claim 12, wherein the computer program is configured to be executed by the processor to cause the processor to perform: determining to transmit the first transmission or the second transmission according to at least one of a transmission type of the first transmission and a transmission type of the second transmission.
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of U.S. Patent No. US 12,082,110 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claim 20 of the instant application is anticipated by the claim 20 of said patent.
Instant Application# 18/808,469
US 12,082,110 B2 (Patent)
20. The storage medium of claim 12, wherein the computer program is configured to be executed by the processor to cause the processor to perform: determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of a carrier group (CG) 1 for transmitting the first transmission being a main carrier group (MCG) and a CG 2 for transmitting the second transmission being a secondary cell group (SCG); determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the MCG and the CG 1 being the SCG; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the CG 1 being an LTE CG and the CG 2 being an NR CG; and determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the LTE CG and the CG 1 being the NR CG.
20. The storage medium of claim 12, wherein the computer program is configured to be executed by the processor to cause the processor to perform: determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of a carrier group (CG) 1 being a main carrier group (MCG) and a CG 2 being a secondary cell group (SCG); determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the MCG and the CG 1 being the SCG; determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the CG 1 being an LTE CG and the CG 2 being an NR CG; and determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the LTE CG and the CG 1 being the NR CG.
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:
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8, 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Pelletier et al (US 2017/0013565 A1), hereinafter, “Pelletier” in view of Loehr et al (US 2025/0280371 A1), hereinafter, “Loehr”.
Regarding claim 1, Pelletier discloses: A transmitting method for transmission, applied to a transmitting terminal (Pelletier: fig 1A, para [0006]), where, “The methods, apparatuses, and systems may include sharing a WTRU's total available power for uplink transmissions”), comprising:
determining, by the transmitting terminal (Pelletier: fig 1A, para [0006]), where, “WTRU 102” equivalent to “transmitting terminal”) in response to firstly received downlink control information (DCI) for scheduling or activating the first transmission, to transmit a first transmission (Pelletier: fig 1A, para [0029]), where, “WTRU 102” equivalent to “transmitting terminal”, fig 6, para [0168], receives DCI with timing for first and second transmission indicating first transmission duration , TTI for transmission of CG2, where, numerology 1 may indicate the first transmission duration (TTI)),
determining, by the transmitting terminal (Pelletier: fig 1A, para [0020]), where, “WTRU 102” equivalent to “transmitting terminal”, para [0468], the WTRU receives DCI, where, “the WTRU may determine the value of the set that should be used (for each MAC instance) based on a field of a received DCI, possibly only if received from a specific MAC instance. The value may be applied only to a subframe associated to the DCI or to an uplink transmission associated to this DCI”), in response to firstly received DCI for scheduling or activating the second transmission, to transmit the first transmission or the second transmission no later than a time threshold (Pelletier: fig 6, para [0468], where, “The value may be applied only to a subframe associated to the DCI or to an uplink transmission associated to this DCI. Alternatively, the value may apply to all subsequent uplink transmissions until reception of a new indication.”, fig 17, para [0422], where, in CG1, timing window 1730 within a timing threshold or limit, where, subframe i us scheduled for transmission, see further, fig 3-4, para [0123]-[0124]); and, transmitting, by the transmitting terminal, the determined first transmission or second transmission (Pelletier: para [0101], where, the WTRU determines the first transmission based on received PDCCH for specific data control information messages (DCI formats) masked using a known radio network temporary identifier (RNTI) in specific locations);
wherein a maximum value of the time threshold is associated with to what extent (Pelletier: fig 16, para [0419], where, “the WTRU may determine whether a subframe i scheduled for transmission using the uplink resources of CG1 asynchronously overlaps a subframe j scheduled for transmission using the uplink resources of CG2 (i.e. the difference in start times of subframe i and subframe j exceeds a threshold for synchronicity as described with respect to FIGS. 2 and 3). If frames i and j overlap asynchronously, the WTRU may determine in step 1620 whether subframe i begins before subframe j”) that a look-ahead capability is supported by the transmitting terminal or the transmitting terminal determining the first transmission or the second transmission according to a specified rule (Pelletier: para [0787], where, “The WTRU may determine to allocate power using proactive scaling (i.e. with look ahead) for synch case, and with guaranteed power”); Pelletier does not explicitly teach: and cancelling to transmit a second transmission.
Loehr teaches: cancelling to transmit a second transmission (Loehr: para [0043], where, “the uplink transmission on the third transmission duration may be either stopped or dropped”).
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to use “cancelling to transmit a second transmission” as taught by Loehr into Pelletier in order to enable PHR power headroom reporting (para [0667]).
Regarding claim 12, the claim includes features identical to the subject matter mentioned in the rejection to claim 1 above. The claims are mere reformulation of claim 1 in order to define the corresponding data transmission method, and the rejection to claim 1 is applied hereto. Additionally, the claim includes a memory and a processor. However, Pelletier discloses the memory and the processor (Pelletier: fig 1B, para [0045]).
Regarding claims 2 and 13, Pelletier modified by Loehr disclose: wherein determining to transmit the first transmission or the second transmission no later than the time threshold (Pelletier: fig 1A, para [0020]), where, “WTRU 102” equivalent to “transmitting terminal”, para [0468], the WTRU receives DCI, where, “the WTRU may determine the value of the set that should be used (for each MAC instance) based on a field of a received DCI, possibly only if received from a specific MAC instance. The value may be applied only to a subframe associated to the DCI or to an uplink transmission associated to this DCI”), comprises: determining to transmit the first transmission in response to receiving, within the time threshold, the DCI for scheduling or activating the first transmission , and determining to transmit the second transmission in response to not receiving, within the time threshold, the DCI for scheduling or activating the first transmission (Pelletier: para [0101], where, the WTRU determines the first transmission based on received PDCCH for specific data control information messages (DCI formats) masked using a known radio network temporary identifier (RNTI) in specific locations).
Regarding claims 3 and 14, Pelletier modified by Loehr disclose: The method of claim 1, wherein a minimum value of the time threshold (Pelletier: fig 17, para [0422]) comprises: a first time unit after a time unit in which the DCI for scheduling or activating the first transmission is received by the transmitting terminal (Pelletier: fig 7 and fig 17, para [0422], where, subframe i is scheduled for transmission); and a maximum value of the time threshold (Pelletier: fig 17, para [0422]) comprises: a T-th time unit forward from a time unit prior to a start time unit of the first transmission, wherein T is an integer (Pelletier: fig 7 and fig 17, para [0422], where, subframe i is scheduled for transmission).
Regarding claims 4 and 15, Pelletier modified by Loehr disclose: The method of claim 1, wherein time-domain resources of the first transmission and the second transmission overlap completely or partially (Pelletier: fig 2, and 17, para [0116], where, “FIG. 2 illustrates an example system 200 operating using dual connectivity. System 200 includes a WTRU 210, a MeNB 220, and a SeNB 230. WTRU 210 is configured for dual connectivity operation and may transmit simultaneous and/or overlapping uplink communications to both MeNB 220 and SeNB 230 as discussed further herein”, further, para [0120]-[0122], fig 3-4, para [0124]).
Regarding claims 5 and 16, Pelletier modified by Loehr disclose: The method of claim 1, wherein the transmitting terminal determines to transmit the first transmission or the second transmission in a specific time-frequency resource (Pelletier: fig 3, para [0123], where, “In the synchronized case, at least the portions of transmissions i and j occurring during the overlapping time interval 340 may be considered to be a simultaneous transmission. It is noted that in some implementations, transmissions i and j may be considered as corresponding to different MAC entities”), and the specific time-domain resource satisfies at least one of: the specific time-domain resource comprises an available uplink resource of a carrier group (CG) 1 (Pelletier: fig 3-4, para [0123]-[0124], where, “transmissions i and j may be considered as corresponding to different MAC entities, or performed using the uplink resources of different cell groups (CGs) rather than as directed toward different eNBs”);
the specific time-domain resource comprises an unavailable uplink resource of the CG 1 (Pelletier: fig 17, para [0422], where, fig 17, depicts time zone before 1700, is not available for uplink transmission for CG1); the specific time-domain resource comprises an available uplink resource of a CG 2 (fig 18, para [0423], where, “Subframe j is scheduled for transmission from the WTRU to CG2. Start time 1800 of subframe i precedes start time 1810 of subframe j by time 1830”);
the specific time-domain resource comprises an unavailable uplink resource of the CG 2 (Pelletier: fig 18, , para [0423], where, zone before 1800, is not available for uplink transmission for CG2); or
the specific time-domain resource is configured to the transmitting terminal through a high-level signaling (Pelletier: fig 17-18, para [0423] and para [0468], where, “the WTRU may determine the value of the set that should be used (for each MAC instance) based on a field of a received DCI, possibly only if received from a specific MAC instance. The value may be applied only to a subframe associated to the DCI or to an uplink transmission associated to this DCI”).
Regarding claims 6 and 17, Pelletier modified by Loehr disclose: The method of claim 1, wherein a maximum value of the time threshold is associated with a processing delay at the transmitting terminal (Pelletier: para [0657], where, “the WTRU's buffers, such as when the head of queue delay (or when the oldest SDU in the PDCP buffer) becomes larger than a specific threshold”).
Regarding claims 7 and 18, Pelletier modified by Loehr disclose: The method of claim 1, wherein a maximum value of the time threshold is predefined by a system or semi-statically configured by a base station to the transmitting terminal (Pelletier: para [0653], where, “For example, such function may be a HARQ process that reaches maximum number of transmissions (i.e. the process is unsuccessful) and at least one of: the WTRU has scaled the transmission power for at least one of the transmission attempt(s) and/or has dropped at least one of its associated (re)transmissions and/or has used an alternative grant for the transmission of a TB”) and T is predefined by the system or semi-statically configured by the base station to the terminal (Pelletier: fig 17, para [0099] and [0422], where, “The eNB may grant radio resources to the WTRU for a transmission on PUSCH, indicated either in a grant received on the PDCCH in configured resources (a Semi-Persistently Scheduled UL grant)”).
Regarding claims 8 and 19, Pelletier modified by Loehr disclose: The method of claim 1, further comprising: determining, by the transmitting terminal, to transmit the first transmission or the second transmission according to at least one of a transmission type of the first transmission or a transmission type of the second transmission (Pelletier: para [0101], where, the WTRU determines the first transmission based on received PDCCH for specific data control information messages (DCI formats) masked using a known radio network temporary identifier (RNTI) in specific locations).
Regarding claim 11, Pelletier modified by Loehr disclose: The method of claim 1, wherein the first transmission is scheduled to be transmitted on a first carrier or a first carrier group (CG) (Pelletier: para [0094], where, first carrier is based on LTE-Advanced), and the second transmission is scheduled to be transmitted on a second carrier or a second CG (Pelletier: para [0116], where, “dual connectivity may be conceptualized as simultaneous and/or overlapping communications to more than one MAC entity or using the uplink resources of more than one cell group (CG) rather than to more than one eNB”).
Claim 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over PELLETIER; Ghyslain et al (US 2017/0013565 A1), hereinafter, “Pelletier” in view of Loehr et al (US 2025/0280371 A1), hereinafter, “Loehr” further in view of Takeda et al (US 2019/0230635 A1), hereinafter, “Takeda”
Regarding claims 10 and 20, Pelletier in view of Loehr disclose: further comprising: determining, by the transmitting terminal (Pelletier: fig 1A, para [0006]), where, “WTRU 102” equivalent to “transmitting terminal”), to transmit the first transmission (Pelletier: fig 1A, para [0029]), where, “WTRU 102” equivalent to “transmitting terminal”, fig 6, para [0168], receives DCI with timing for first and second transmission indicating first transmission duration , TTI for transmission of CG2, where, numerology 1 may indicate the first transmission duration (TTI)), in a case of a carrier group (CG) 1 for transmitting the first transmission being a main carrier group (MCG) and a CG 2 for transmitting the second transmission being a secondary cell group (SCG) (Pelletier: para [0141], where, “cell group (CG) or primary/secondary or the like as used herein may be used in referring to a power allocation function of different radio access technologies. For example, in some embodiments a “primary MAC instance” or a “MeNB CG-MCG” may correspond to a first radio access technology such as LTE while a “secondary MAC instance” or a “Secondary CG-SCG” may correspond to a second radio access technology such as HSPA or Wifi”, further fig 17, para [0422]);
determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the MCG and the CG 1 being the SCG (Pelletier: para [0141], “cell group (CG) or primary/secondary or the like as used herein may be used in referring to a power allocation function of different radio access technologies. For example, in some embodiments a “primary MAC instance” or a “MeNB CG-MCG” may correspond to a first radio access technology such as LTE while a “secondary MAC instance” or a “Secondary CG-SCG” may correspond to a second radio access technology such as HSPA or Wifi”);
determining, by the transmitting terminal, to transmit the first transmission and cancel the second transmission, in a case of the CG 1 being an LTE CG and the CG 2 being an NR CG (Pelletier: fig 5, step 550 or 560, para [0160]-[0162] and para [0168], where, “Transmit Uplink Tx’s without prioritization 560” equivalent to “first transmission” and “Transmit Uplink Tx’s per Prioritization 550” equivalent to “second transmission”, where, the logic 500, is being used to determine which transmission will be performed by the WTRU equivalent to “terminal”)); Pelletier does not explicitly teach: and cancel the second transmission,
Loehr teaches: cancelling to transmit a second transmission (Loehr: para [0043], where, “the uplink transmission on the third transmission duration may be either stopped or dropped”).
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to use “cancelling to transmit a second transmission” as taught by Loehr into Pelletier in order to enable PHR power headroom reporting (para [0667]).
however, neither Pelletier nor Loehr explicitly teach: in a case of the CG 1 being an LTE CG and the CG 2 being an NR CG; and determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the LTE CG and the CG 1 being the NR CG.
Takeda teach: in a case of the CG 1 being an LTE CG and the CG 2 being an NR CG (Takeda: fig 14, para [0129], where, “uses a plurality of cell groups (CGs) that each accommodate one or more CCs. Note that the radio communication system 1 may be also referred to as “SUPER 3G,” “LTE-A (LTE-Advanced),” “IMT-Advanced,” “4G,” “5G,” “FRA (Future Radio Access),” “NR (New RAT (New Radio Access Technology)),”); and determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the LTE CG and the CG 1 being the NR CG (Takeda: fig 14, para [0129], where, “uses a plurality of cell groups (CGs) that each accommodate one or more CCs. Note that the radio communication system 1 may be also referred to as “SUPER 3G,” “LTE-A (LTE-Advanced),” “IMT-Advanced,” “4G,” “5G,” “FRA (Future Radio Access),” “NR (New RAT (New Radio Access Technology))”).
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to use “in a case of the CG 1 being an LTE CG and the CG 2 being an NR CG; and determining, by the transmitting terminal, to transmit the second transmission and cancel the first transmission, in a case of the CG 2 being the LTE CG and the CG 1 being the NR CG” as taught by Takeda into the system of Pelletier and Loehr in order to provide communication services with strict requirements on latency, such as URLLC (Takeda: para [0052]).
Allowable Subject Matter
Claim 9 is 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
Prior Art considered but not used: Pelletier; Ghyslain et al (US-20200163023-A1)
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/NIZAM U AHMED/Examiner, Art Unit 2461
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