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 .
DETAILED ACTION
This office action is in response to the application filed on 08/22/2024.
Claims 1-17 are currently pending.
Claims 1-17 are rejected.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 6-8, 12-15, 19-20 of Patent No. US 12075438 B2 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because independent claims 1, 8, 13 of the instant application merely broaden the scope of claims 1, 8, 13 of Patent No. US 12075438 B2 (reference application) by omitting limitations, such as transmission of a first PUCCH with; and transmission of a second PUCCH with.
The table below maps the claims in the instant applications to corresponding claims which have substantially the same limitations [up to and including limitations of parent and intervening claims] in Patent No. US 12075438 B2 (reference application).
Claim # in Instant Application
18812945 )
Claim # in Patent No. US 12075438 B2
[Claim 1] A method comprising: receiving: first physical downlink control channels (PDCCHs) providing first downlink control information (DCI) formats associated with a first set of radio network temporary identifiers (RNTIs), the first set of RNTIs being associated with unicast communications, and second PDCCHs providing second DCI formats associated with a second set of RNTIs, the second set of RNTIs being associated with multicast communications; determining: first hybrid automatic request acknowledgement (HARQ-ACK) information associated with the first DCI formats, second HARQ-ACK information associated with the second DCI formats, and a physical uplink control channel (PUCCH) resource indicated by a last DCI format from the first DCI formats, wherein: the first DCI formats indicate a slot for reporting the first HARQ-ACK information, the second DCI formats indicate the slot for reporting the second HARQ-ACK information, and the last DCI format is provided in a PDCCH reception from the first PDCCH receptions that starts last among the first PDCCH receptions; and transmitting a PUCCH in the slot using the PUCCH resource, wherein the PUCCH includes the first HARQ-ACK information and the second HARQ-ACK information.
A method comprising: receiving: first physical downlink control channels (PDCCHs) providing first downlink control information (DCI) formats associated with a first set of radio network temporary identifiers (RNTIs), the first set of RNTIs being associated with unicast communications, and second PDCCHs providing second DCI formats associated with a second set of RNTIs, the second set of RNTIs being associated with multicast communications; determining: first hybrid automatic request acknowledgement (HARQ-ACK) information associated with the first DCI formats, second HARQ-ACK information associated with the second DCI formats, and a physical uplink control channel (PUCCH) resource indicated by a last DCI format from the first DCI formats, wherein: the first DCI formats indicate a slot for transmission of a first PUCCH with the first HARQ-ACK information, the second DCI formats indicate the slot for transmission of a second PUCCH with the second HARQ-ACK information, and the last DCI format is provided in a PDCCH reception from the first PDCCH receptions that starts last among the first PDCCH receptions; and transmitting a PUCCH in the slot using the PUCCH resource, wherein the PUCCH includes the first HARQ-ACK information and the second HARQ-ACK information.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. LEE et al (US 20220232609 A1) pertains to a method of receiving a signal by a user equipment (UE) in which the plurality of PDCCHs may include a first PDCCH carrying first DCI for unicast scheduling and a second PDCCH carrying second DCI for multicast scheduling; wherein the HARQ feedback information may include at least one of first HARQ feedback information for the unicast PDSCH, and second HARQ feedback information for the multicast PDSCH.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED A KAMARA whose telephone number is (571)2705629. The examiner can normally be reached M-F 9AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES JIANG can be reached at (571)2707191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED A KAMARA/Primary Examiner, Art Unit 2412
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