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 claims at issue 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(CCPA1970); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. - Claim 2-31 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over of US patent US12108351B2 for the parent application 17740881.
Claim#
Present application 18815225
US patent US12108351B2 for the parent application 17740881
Claim #
2
2. (New) An apparatus for wireless communications at a user equipment (UE), comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the UE to:
receive a synchronization signal block associated with a physical layer cell identifier,
wherein one or more first resource elements carrying the synchronization signal block overlap with one or more second resource elements carrying a downlink shared channel associated with the physical layer cell identifier; and
process a demodulation reference signal corresponding to the downlink shared channel in accordance with the synchronization signal block and the downlink shared channel being associated with the physical layer cell identifier,
wherein, in accordance with the physical layer cell identifier, no overlap is permitted between the one or more first resource elements and the one or more second resource elements
1. An apparatus for wireless communications at a user equipment (UE), comprising: a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to:
receive a synchronization signal block associated with a first physical layer cell identifier,
wherein one or more resource elements carrying the synchronization signal block overlap with one or more resource elements carrying a downlink shared channel associated with a second physical layer cell identifier;
determine, according to a comparison of the first physical layer cell identifier and the second physical layer cell identifier, whether overlap is permitted between the one or more resource elements carrying the synchronization signal block and one or more resource elements carrying a demodulation reference signal corresponding to the downlink shared channel; and
process the demodulation reference signal based at least in part on the determination.
2. The apparatus of claim 1, wherein the instructions to determine whether overlap is permitted are executable by the processor to cause the apparatus to: determine that no overlap is permitted between the one or more resource elements carrying the synchronization signal block and the one or more resource elements carrying the demodulation reference signal based at least in part on the first physical layer cell identifier and the second physical layer cell identifier being a same physical layer cell identifier.
1+2
10
18
10. (New) An apparatus for wireless communications at a network entity, comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the network entity to: transmit a synchronization signal block associated with a physical layer cell identifier, wherein one or more first resource elements carrying the synchronization signal block overlap with one or more second resource elements carrying a downlink shared channel associated with the physical layer cell identifier; and
process a demodulation reference signal corresponding to the downlink shared channel in accordance with the synchronization signal block and the downlink shared channel being associated with the physical layer cell identifier,
wherein, in accordance with the physical layer cell identifier, no overlap is permitted between the one or more first resource elements and the one or more second resource elements.
18. (New) A method for wireless communication by a user equipment (UE), comprising:
receiving a synchronization signal block associated with a physical layer cell identifier,
wherein one or more first resource elements carrying the synchronization signal block overlap with one or more second resource elements carrying a downlink shared channel associated with the physical layer cell identifier; and
processing a demodulation reference signal corresponding to the downlink shared channel in accordance with the synchronization signal block and the downlink shared channel being associated with the physical layer cell identifier,
wherein, in accordance with the physical layer cell identifier, no overlap is permitted between the one or more first resource elements and the one or more second resource elements.
26. (New) A method for wireless communication by a network entity, comprising:
transmitting a synchronization signal block associated with a physical layer cell identifier, wherein one or more first resource elements carrying the synchronization signal block overlap with one or more second resource elements carrying a downlink shared channel associated with the physical layer cell identifier; and
processing a demodulation reference signal corresponding to the downlink shared channel in accordance with the synchronization signal block and the downlink shared channel being associated with the physical layer cell identifier,
wherein, in accordance with the physical layer cell identifier, no overlap is permitted between the one or more first resource elements and the one or more second resource elements.
13. An apparatus for wireless communications at a network entity, comprising: a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to:
transmit a synchronization signal block associated with a first physical layer cell identifier, wherein one or more resource elements carrying the synchronization signal block overlap with one or more resource elements carrying a downlink shared channel associated with a second physical layer cell identifier;
determine, according to a comparison of the first physical layer cell identifier and the second physical layer cell identifier, whether overlap is permitted between the one or more resource elements carrying the synchronization signal block and one or more resource elements carrying a demodulation reference signal corresponding to the downlink shared channel; and process the demodulation reference signal based at least in part on the determination.
14. The apparatus of claim 13, wherein the instructions are further executable by the processor to cause the apparatus to:
determine there is no overlap between the one or more resource elements carrying the synchronization signal block and the one or more resource elements carrying the demodulation reference signal based at least in part on the first physical layer cell identifier and the second physical layer cell identifier being a same physical layer cell identifier.
25. A method for wireless communications at a user equipment (UE), comprising:
receiving a synchronization signal block associated with a first physical layer cell identifier, wherein one or more resource elements carrying the synchronization signal block overlap with one or more resource elements carrying a downlink shared channel associated with a second physical layer cell identifier;
determining, according to a comparison of the first physical layer cell identifier and the second physical layer cell identifier, whether overlap is permitted between the one or more resource elements carrying the synchronization signal block and one or more resource elements carrying a demodulation reference signal corresponding to the downlink shared channel; and processing the demodulation reference signal based at least in part on the determination.
26. The method of claim 25, wherein determining whether overlap is permitted comprises: determining that no overlap is permitted between the one or more resource elements carrying the synchronization signal block and the one or more resource elements carrying the demodulation reference signal based at least in part on the first physical layer cell identifier and the second physical layer cell identifier being a same physical layer cell identifier.
30. A method for wireless communications at a network entity, comprising:
transmitting a synchronization signal block associated with a first physical layer cell identifier, wherein one or more resource elements carrying the synchronization signal block overlap with one or more resource elements carrying a downlink shared channel associated with a second physical layer cell identifier;
determining, according to a comparison of the first physical layer cell identifier and the second physical layer cell identifier, whether overlap is permitted between the one or more resource elements carrying the synchronization signal block and one or more resource elements carrying a demodulation reference signal corresponding to the downlink shared channel; and processing the demodulation reference signal based at least in part on the determination.
13+14
25+26
The claims 3;4;5;6 ;7have the double patenting with the claims 6;7;9;11;2, respectively.
US patent US12108351B2 for the parent application 17740881discloses claims 8 and 9 in (Col 8 lines 49-61).
Thus, the claims of US patent US12108351B2 for the parent application 17740881 contain every element of the claims, of the instant application and thus anticipate the claims of the instant application. Claims of the instant application therefore are not patently distinct from the earlier patent claims and as such are unpatentable over obvious-type double patenting.
Conclusion
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/ABDELTIF AJID/ Primary Examiner, Art Unit 2478
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