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 10/11/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 7, 14, and 20 are objected to because of the following informalities:
Regarding claim 7, on line 1, it appears that the word “the” is missing before the word “first”.
Regarding claim 14, on line 1, it appears that the word “the” is missing before the word “first”.
Regarding claim 20, on line 2, it appears that the word “the” is missing before the word “first”.
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 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11, 12, 14, and 17 of U.S. Patent No. 12,082,226. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following correspondences.
Regarding claim 1, “a wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive one or more radio resource control (RRC) messages comprising indicating: first sets of power (P0) values for physical uplink shared channel (PUSCH) transmissions; and second sets of P0 values for PUSCH transmissions” corresponds to “a wireless device comprising: one or more processors; memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive power control parameters of a physical uplink shared channel (PUSCH) … wherein: the power control parameters indicate first power values and second power values” in claim 11 of the above U.S. Patent.
“Receiving downlink control information (DCI) scheduling a PUSCH transmission” corresponds to “receive downlink control information (DCI) indicating a transmission via the PUSCH” in claim 11 of the above U.S. Patent.
Lastly, “transmitting the PUSCH transmission using a transmission power determined based on at least one of: a first P0 value in a first set with a lowest index among the first sets, and a second P0 value in a second set with the lowest index among the second sets” corresponds to “transmit, via the PUSCH, the transport block with a transmission power based on a power value with a lowest index among indexes associated with the determined power values” in claim 11 of the above U.S. Patent.
Claim 1 of the instant application does not claim “a bandwidth part of a cell” or “each power value of the first power values and the second power values is associated with a respective index” or “determine, based on the DCI, one of the first power values or the second power values as determined power values for transmission of a transport block”. Therefore, claim 1 merely broadens the scope of claim 11 of the above U.S. Patent.
It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. See In re Karlson, 136 USPQ 184 (CCPA). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). The omission of a reference element whose function is not needed would be obvious to one skilled in the art.
Regarding claim 2, this claim similarly corresponds to claim 12 of the above U.S. Patent.
Regarding claim 3, this claim similarly corresponds to claim 14 of the above U.S. Patent.
Regarding claim 4, this claim similarly corresponds to claim 17 of the above U.S. Patent.
Regarding claim 5, this claim similarly corresponds to claim 11 of the above U.S. Patent.
Regarding claim 6, this claim similarly corresponds to claim 11 of the above U.S. Patent.
Regarding claim 7, this claim similarly corresponds to claim 11 of the above U.S. Patent.
Regarding claims 8-14, these claims similarly correspond to claims 11, 12, 14, and 17 of the above U.S. Patent as they are directed to “a base station” reciting transmission and reception steps complementary to the reception and transmission steps recited in claims 11, 12, 14, and 17.
Regarding claims 15-20, these claims similarly correspond to claims 11, 12, 14, and 17 of the above U.S. Patent as they are directed to “a non-transitory computer-readable medium comprising instructions” reciting similar reception and transmission steps as recited in claims 11, 12, 14, and 17.
Allowable Subject Matter
Claims 1-20 would be considered allowable once the above obviousness-type double patenting rejections are overcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References considered relevant to this application are listed in the attached “Notice of References Cited” (PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J. MOORE, JR., whose telephone number is (571)272-3168. 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, Hassan A. Phillips can be reached at (571)272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J MOORE JR/Primary Examiner, Art Unit 2467
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