DETAILED ACTION
This office action is a response to an application filed on 08/20/2024, in which claims 1-20 are pending and ready for examination.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Terminal disclaimer note
Examiner left a voice mail to applicant’s attorney on the record Mr. Matthew Fernandez (Reg. No. 81,704) to file a terminal disclaimer in order to overcome with a double patenting rejection, but has not received any response from the attorney.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 4-8, 11-15 and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-5, 7-9, 11-12, 14-16 and 18-19 of U.S. Patent No. 12,075447 (Zhou et al. hereinafter, “Zhou”). Although the claims at issue are not identical, they are not patentably distinct from each other.
In response to claim 1,
Zhou teaches a method comprising: receiving by a wireless device, radio resource control (RRC) messages comprising configuration parameters comprising: a first physical downlink shared channel (PDSCH) time domain allocation list associated with a first downlink control information (DCI) format for scheduling a PDSCH in a slot (claim 1, paragraph 1 teaches this limitation); and
a second PDSCH time domain allocation list associated with a second DCI format for scheduling multiple PDSCHs in multiple slots, wherein each entry of the second PDSCH time domain allocation list indicates the multiple slots for the multiple PDSCHs (claim 1, paragraph 2 teaches this limitation);
receiving a first DCI with the second DCI format indicating a first entry of the second PDSCH time domain allocation list (claim 1, paragraph 3 teaches this limitation); and
receiving transport blocks (TBs) in first slots and via PDSCH resources, determined based on the first entry (claim 1, paragraph 4 teaches this limitation).
In response to claim 4,
Zhou teaches further comprising monitoring a first search space for receiving the first DCI with the second DCI format, wherein a first monitoring periodicity of the first search space is greater than a second monitoring periodicity of a second search space for receiving a second DCI with the first DCI format (claim 2, paragraph 1 teaches this limitation).
In response to claim 5,
Zhou teaches further comprising receiving, based on monitoring the second search space, the second DCI with the first DCI format indicating a second entry of the first PDSCH time domain allocation list (claim 4, paragraph 1 teaches this limitation).
In response to claim 6,
Zhou teaches further comprising receiving a second TB, in a second slot and via a second PDSCH resource, determined based on the second entry, wherein the second TB is associated with a second hybrid automatic repeat request process (claim 5, paragraph 1 teaches this limitation).
In response to claim 7,
Zhou teaches wherein the first entry of the second PDSCH time domain allocation list indicates the PDSCH resources in the first slots, and wherein each of the PDSCH resources in a respective slot of the first slots is associated with: a slot offset indication; and a starting symbol and length indication (claim 7, paragraph 1 teaches this limitation).
In response to claim 8,
Zhou teaches a method comprising: transmitting, by a base station, radio resource control (RRC) messages comprising configuration parameters comprising: a first physical downlink shared channel (PDSCH) time domain allocation list associated with a first downlink control information (DCI) format for scheduling a PDSCH in a slot (claim 8, paragraph 1 teaches this limitation); and
a second PDSCH time domain allocation list associated with a second DCI format for scheduling multiple PDSCHs in multiple slots, wherein each entry of the second PDSCH time domain allocation list indicates the multiple slots for the multiple PDSCHs(claim 8, paragraph 2 teaches this limitation);
transmitting a first DCI with the second DCI format indicating a first entry of the second PDSCH time domain allocation list (claim 8, paragraph 3 teaches this limitation); and
transmitting transport blocks (TBs) in first slots and via PDSCH resources, determined based on the first entry (claim 8, paragraph 5 teaches this limitation).
In response to claim 11,
Zhou teaches wherein the configuration parameters cause a wireless device to monitor a first search space for receiving the first DCI with the second DCI format, wherein a first monitoring periodicity of the first search space is greater than a second monitoring periodicity of a second search space for receiving a second DCI with the first DCI format (claim 9, paragraph 1 teaches this limitation).
In response to claim 12,
Zhou teaches further comprising transmitting the second DCI with the first DCI format indicating a second entry of the first PDSCH time domain allocation list (claim 11, paragraph 1 teaches this limitation).
In response to claim 13,
Zhou teaches further comprising transmitting, a second TB, in a second slot and via a second PDSCH resource, determined based on the second entry, wherein the second TB is associated with a second hybrid automatic repeat request process (claim 12, paragraph 1 teaches this limitation).
In response to claim 14,
Zhou teaches wherein the first entry of the second PDSCH time domain allocation list indicates the PDSCH resources in the first slots, and wherein each of the PDSCH resources in a respective slot of the first slots is associated: a slot offset indication; and a starting symbol and length indication (claim 14, paragraph 1 teaches this limitation).
In response to claim 15,
Zhou teaches a non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station, cause the base station to: transmit radio resource control (RRC) messages comprising configuration parameters comprising: a first physical downlink shared channel (PDSCH) time domain allocation list associated with a first downlink control information (DCI) format for scheduling a PDSCH in a slot (claim 15, paragraph 1 teaches this limitation); and
a second PDSCH time domain allocation list associated with a second DCI format for scheduling multiple PDSCHs in multiple slots, wherein each entry of the second PDSCH time domain allocation list indicates the multiple slots for the multiple PDSCHs (claim 15, paragraph 2 teaches this limitation);
transmit a first DCI with the second DCI format indicating a first entry of the second PDSCH time domain allocation list (claim 15, paragraph 3 teaches this limitation); and
transmit transport blocks (TBs) in first slots and via PDSCH resources, determined based on the first entry (claim 15, paragraph 4 teaches this limitation).
In response to claim 18,
Zhou teaches wherein the configuration parameters cause a wireless device to monitor a first search space for receiving the first DCI with the second DCI format, wherein a first monitoring periodicity of the first search space is greater than a second monitoring periodicity of a second search space for receiving a second DCI with the first DCI format (claim 16, paragraph 1 teaches this limitation).
In response to claim 19,
Zhou teaches wherein the instructions, when executed by the one or more processors, further cause the base station to transmit the second DCI with the first DCI format indicating a second entry of the first PDSCH time domain allocation list (claim 18, paragraph 1 teaches this limitation).
In response to claim 20,
Zhou teaches wherein the instructions, when executed by the one or more processors, further cause the base station to transmit, a second TB, in a second slot and via a second PDSCH resource, determined based on the second entry, wherein the second TB is associated with a second hybrid automatic repeat request process (claim 19, paragraph 4 teaches this limitation).
Claims 2, 9 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-5, 7-9, 11-12, 14-16 and 18-19 of U.S. Patent No. 12,075447 (Zhou et al. hereinafter, “Zhou”) in view of KIM et al. (hereinafter “KIM”; 20230131118).
In response to claim 2, 9 and 16,
Zhou does not teach explicitly about claims 2, 9 and 16.
KIM in view of Zhou teaches wherein the second DCI format is DCI format 1_1(paragraph 103, a DCI format with fallback is equated to first and a DCI fallback with non-fallback is equated to a second DCI format, paragraph 109,using a DCI format 1_1 for a non-fallback DCI explicitly teaches this limitation).
It would have been obvious within the scope of a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhou for using a second DCI format is DCI format 1_1 as taught by KIM because it would allow using a 5G communication to a IT network for a M2M communication.
Allowable Subject Matter
Claims 3, 10 and 17 are 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.
As for claims 3, 10 and 17, these claims are objected, because there is no prior art in the record that teaches claimed limitation “wherein each TB of the TBs is associated with a respective hybrid automatic repeat request process number indicating a hybrid automatic repeat request process of a plurality of hybrid automatic repeat request processes.”
The closet prior art in the record Kim et al. (20230131118) teaches in in paragraph 697-698 about using a HARQ process by a UE in response to receiving a semi-persistent scheduling period from a base station (BS), but he fails to teach the above cited limitation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
20210014026………………………………paragraph 106.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABUSAYEED HAQUE whose telephone number is (571)270-7252. The examiner can normally be reached 9 am -7:30 pm.
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/ABUSAYEED M HAQUE/Examiner, Art Unit 2466
/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466
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