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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,032,053 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
U.S. Patent No. 11,032,053 B2.
Claim 2, A wireless transmit/receive unit (WTRU) comprising a processor and a memory, the processor and the memory configured to: receive a plurality of transport blocks over at least one configured carrier; generate a number of hybrid automatic repeat request (HARQ) acknowledgment (ACK) feedback bits for the plurality of transport blocks and a number of channel state information (CSI) feedback bits for the at least one configured carrier; determine a number of cyclic redundancy check (CRC) bits based on the generated HARQ-ACK feedback bits and the generated CSI feedback bits; determine a Physical Uplink Control Channel (PUCCH) format based at least on the number of HARQ-ACK feedback bits and the number of CSI feedback bits; determine a transmit power to be used for a PUCCH transmission of feedback bits based on the number of HARQ-ACK feedback bits, the number of CSI feedback bits, and the number of CRC bits; and transmit feedback bits at the determined transmit power using the determined PUCCH format, wherein the feedback bits comprise the generated HARQ-ACK feedback bits, the generated CSI feedback bits, and the determined CRC bits.
Claim 11. A wireless transmit/receive unit (WTRU) for uplink feedback for operating with a plurality of configured carriers, the WTRU comprising: a transceiver; and a processor operatively coupled to the transceiver; wherein: the transceiver is configured to receive a plurality of transport blocks over the plurality of configured carriers; the processor is configured to generate hybrid automatic repeat request (HARQ)-acknowledgment (ACK) feedback for the plurality of transport blocks, channel state information (CSI) feedback for at least one of the plurality of configured carriers, and a cyclic redundancy check (CRC); the processor is configured to generate a feedback message that includes a number of HARQ-ACK feedback bits for the HARQ-ACK feedback, a number of CSI feedback bits for the CSI feedback, and a number of CRC bits for the CRC; the processor is configured to determine a power to be used for a Physical Uplink Control Channel (PUCCH) transmission based on the number of HARQ-ACK feedback bits, the number of CSI feedback bits, and the number of CRC bits; and the transceiver and the processor are configured to transmit the feedback message in the PUCCH transmission at the determined power.
Claim 12, A method performed by a wireless transmit/receive unit (WTRU), the method comprising: receiving a plurality of transport blocks over at least one configured carrier; generating a number of hybrid automatic repeat request (HARQ) acknowledgment (ACK) feedback bits for the plurality of transport blocks and a number of channel state information (CSI) feedback bits for the at least one configured carrier; determining a number of cyclic redundancy check (CRC) bits based on the generated HARQ-ACK feedback bits and the generated CSI feedback bits; determining a Physical Uplink Control Channel (PUCCH) format based at least on the number of HARQ-ACK feedback bits and the number of CSI feedback bits; determining a transmit power to be used for a PUCCH transmission of feedback bits based on the number of HARQ-ACK feedback bits, the number of CSI feedback bits, and the number of CRC bits; and transmitting feedback bits at the determined transmit power using the determined PUCCH format, wherein the feedback bits comprise the generated HARQ-ACK feedback bits, the generated CSI feedback bits, and the determined CRC bits.
Claim 1. A method, for uplink feedback for operating with a plurality of configured carriers, in a wireless transmit/receive unit (WTRU), the method comprising: receiving a plurality of transport blocks over the plurality of configured carriers; generating hybrid automatic repeat request (HARQ)-acknowledgment (ACK) feedback for the plurality of transport blocks, channel state information (CSI) feedback for at least one of the plurality of configured carriers, and a cyclic redundancy check (CRC); generating a feedback message that includes a number of HARQ-ACK feedback bits for the HARQ-ACK feedback, a number of CSI feedback bits for the CSI feedback, and a number of CRC bits for the CRC; determining a power to be used for a Physical Uplink Control Channel (PUCCH) transmission based on the number of HARQ-ACK feedback bits, the number of CSI feedback bits, and the number of CRC bits; and transmitting the feedback message in the PUCCH transmission at the determined power.
Claims 2-21 of the instant application represent broader version of re-arrangement of the claims 1-20 of the patent by eliminating the elements and functions of the claims and are obvious variants of the patent claims.
Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,601,567 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
U.S. Patent No. 10,601,567 B2
Claim 2, A wireless transmit/receive unit (WTRU) comprising a processor and a memory, the processor and the memory configured to: receive a plurality of transport blocks over at least one configured carrier; generate a number of hybrid automatic repeat request (HARQ) acknowledgment (ACK) feedback bits for the plurality of transport blocks and a number of channel state information (CSI) feedback bits for the at least one configured carrier; determine a number of cyclic redundancy check (CRC) bits based on the generated HARQ-ACK feedback bits and the generated CSI feedback bits; determine a Physical Uplink Control Channel (PUCCH) format based at least on the number of HARQ-ACK feedback bits and the number of CSI feedback bits; determine a transmit power to be used for a PUCCH transmission of feedback bits based on the number of HARQ-ACK feedback bits, the number of CSI feedback bits, and the number of CRC bits; and transmit feedback bits at the determined transmit power using the determined PUCCH format, wherein the feedback bits comprise the generated HARQ-ACK feedback bits, the generated CSI feedback bits, and the determined CRC bits.
Claim 11. A wireless transmit/receive unit (WTRU) for uplink feedback for operating with a plurality of configured carriers, the WTRU comprising: a transceiver; and a processor operatively coupled to the transceiver; wherein: the transceiver is configured to receive a plurality of transport blocks over the plurality of configured carriers; the processor is configured to generate hybrid automatic repeat request (HARQ)-acknowledgment (ACK) feedback for the plurality of transport blocks, channel state information (CSI) feedback for at least one of the plurality of configured carriers, and a cyclic redundancy check (CRC); the processor is configured to generate a feedback message that includes a number of HARQ-ACK feedback bits for the HARQ-ACK feedback, a number of CSI feedback bits for the CSI feedback, and a number of CRC bits for the CRC; the processor is configured to determine a power to be used for a Physical Uplink Control Channel (PUCCH) transmission based on the number of HARQ-ACK feedback bits, the number of CSI feedback bits, and the number of CRC bits; and the transceiver and the processor are configured to transmit the feedback message in the PUCCH transmission at the determined power.
Claim 12, A method performed by a wireless transmit/receive unit (WTRU), the method comprising: receiving a plurality of transport blocks over at least one configured carrier; generating a number of hybrid automatic repeat request (HARQ) acknowledgment (ACK) feedback bits for the plurality of transport blocks and a number of channel state information (CSI) feedback bits for the at least one configured carrier; determining a number of cyclic redundancy check (CRC) bits based on the generated HARQ-ACK feedback bits and the generated CSI feedback bits; determining a Physical Uplink Control Channel (PUCCH) format based at least on the number of HARQ-ACK feedback bits and the number of CSI feedback bits; determining a transmit power to be used for a PUCCH transmission of feedback bits based on the number of HARQ-ACK feedback bits, the number of CSI feedback bits, and the number of CRC bits; and transmitting feedback bits at the determined transmit power using the determined PUCCH format, wherein the feedback bits comprise the generated HARQ-ACK feedback bits, the generated CSI feedback bits, and the determined CRC bits.
Claim 1. A method, for uplink feedback for operating with a plurality of configured carriers, in a wireless transmit/receive unit (WTRU), the method comprising: receiving a plurality of transport blocks over the plurality of configured carriers; generating hybrid automatic repeat request (HARQ)-acknowledgment (ACK) feedback for the plurality of transport blocks, channel state information (CSI) feedback for at least one of the plurality of configured carriers, and a cyclic redundancy check (CRC); generating a feedback message that includes a number of HARQ-ACK feedback bits for the HARQ-ACK feedback, a number of CSI feedback bits for the CSI feedback, and a number of CRC bits for the CRC; determining a power to be used for a Physical Uplink Control Channel (PUCCH) transmission based on the number of HARQ-ACK feedback bits, the number of CSI feedback bits, and the number of CRC bits; and transmitting the feedback message in the PUCCH transmission at the determined power.
Claims 2-21 of the instant application represent broader version of re-arrangement of the claims 1-20 of the patent by eliminating the elements and functions of the claims and are obvious variants of the patent claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AJAY P CATTUNGAL whose telephone number is (571)270-7525. The examiner can normally be reached M-F 9:00-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached at 5712723940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AJAY CATTUNGAL/Primary Examiner, Art Unit 2467
Prosecution Insights