Notice of Pre-AIA or AIA Status
1. 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
2. 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.
3. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12,114,293 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of instant application are substantially similar to the corresponding claim 8 of above cited US patent.
Regarding claim 1, U.S. Patent No. 12,114,293 B2 teaches a wireless transmit/receive unit (WTRU) (see claim 8, preamble) comprising a processor (see claim 8, limitation 1) and memory (see claim 8, limitation 2) the processor and memory configured to: monitor, in one or more monitoring occasions for control information (see claim 8, limitation 3), wherein the control information is received using a first beam, wherein the first beam is based on a physical downlink control channel (PDCCH) quasi co-located with a synchronization signal block (SSB) (see claim 8, limitation 4); and receive, based on the one or more monitoring occasions, downlink control channel spatial information using the first beam (see claim 8, limitation 5).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
4. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
5. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Davydov et al. (US Pub. No: 2018/0219605 A1) in view of Davydov_2 et al. (US Pub. No: 2019/0364556 A1).
Regarding claim 1, Davydov et al. teach a wireless transmit/receive unit (WTRU) (see Abstract and Fig.7) comprising a processor and memory (see Fig.7, processor & memory and para [0059]), the processor and memory configured to: monitor, in one or more monitoring occasions for control information, wherein the control information is received using a first beam (see Fig.5 and para [0031] wherein an Rx beam being implicitly indicated by the transmission of a set of ePDCCH parameters (e.g., an ePDCCH set) whose values are associated with the Rx beam/first beam, is mentioned and also for each configured ePDCCH set that the UE is supposed to monitor, a corresponding Rx beam index being configured, is mentioned and also see para [0037]) and receive, based on the one or more monitoring occasions, downlink control channel spatial information using the first beam (see Fig.5 and para [0031] wherein an Rx beam being implicitly indicated by the transmission of a set of ePDCCH parameters (e.g., an ePDCCH set) whose values are associated with the Rx beam/first beam, is mentioned and also for each configured ePDCCH set that the UE is supposed to monitor, a corresponding Rx beam index being configured, is mentioned and also see para [0037] wherein the UE being configured to receive, via a higher layer, configuration information for a plurality of receive (Rx) beams for the UE from a cellular base station, is mentioned and also see para [0040]).
Davydov et al. is silent in teaching the above wireless transmit/receive unit (WTRU) comprising wherein the first beam is based on a physical downlink control channel (PDCCH) quasi co-located with a synchronization signal block (SSB).
However, Davydov_2 et al. teach a wireless transmit/receive unit (WTRU) (see Abstract and Fig.2C/UE) comprising wherein the first beam is based on a physical downlink control channel (PDCCH) quasi co-located with a synchronization signal block (SSB) (see Fig.2C & para [0036] wherein the each SS block can be assigned to a specific/first beam, is mentioned, also see para [0038] wherein the quasi co-location between the one or more antenna ports of an SS block and the one or more demodulation reference signal (DM-RS) antenna ports of the common control channel/PDCCH being established with respect to spatial parameters at the receiver of UE, is mentioned and also see para [0040] wherein under the QCL assumption, the UE tuning the Rx beam according to the Tx beam of the SS block, is mentioned, all of which clearly includes and is equivalent to “wherein the first beam is based on a physical downlink control channel (PDCCH) quasi co-located with a synchronization signal block (SSB)”).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify the above wireless transmit/receive unit (WTRU) of Davydov et al. to have the first beam being based on a physical downlink control channel (PDCCH) quasi co-located with a synchronization signal block (SSB), disclosed by Davydov_2 et al. in order to provide an effective mechanism of a user equipment (UE) for efficiently demodulating a synchronization signal (SS) block transmitted by a gNB from a first antenna port, wherein one or more of a Doppler shift, a Doppler spread, an average delay, a delay spread, and spatial receiving parameters are derived from the SS block in wireless communication system.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
SHI et al. (US Pub. No: 2022/0232571 A1) disclose mechanisms relating to a wireless device for providing a channel transmission method in wireless communication system.
Davydov et al. (US Pub. No: 2019/0058519 A1) disclose mechanisms relating to a wireless device for monitoring of Physical Downlink Control Channel (PDCCH) in a search space configured by gNB, subsequent to a transmission of the beam failure recovery request in wireless communication system.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to SRINIVASA REDDIVALAM whose telephone number is (571)270-3524. The examiner can normally be reached on Mon-Fri 10:00 AM - 7:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHIRAG G SHAH can be reached on 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SRINIVASA R REDDIVALAM/Primary Examiner, Art Unit 2477
6/7/2026
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