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 .
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, 2, 3, 6, 8, 9, 11, 13, 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9, 1, 12 of U.S. Patent No. 12107784 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because removing inherent and/or unnecessary limitations/step and rearranging the claims would be within the level of one of ordinary skill in the art. It is well settled that the omission of an element, e.g.” removing features in the claims “ ”… and rearranging the order in claims 1, 6, 11; it means that if we incorporate claims 1, 2, 3 into claim 9; incorporate claims 6, 8, 9, into claim 1; incorporate claims 11, 13, 15, we obtain all the features of claims 1, 9, 12, of U.S. Patent No. 12107784 B2 ….”, and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element or step whose function is not needed would be obvious to one of ordinary skill in the art.
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.
Claims 1-3, 5-8, 10-13, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al (US 20210135803 A1) in view of Niu et al (US 20220060905 A1).
Regarding claims 1, 5, Chang et al, discloses an integrated circuit (figs. 16-17) comprising: determination circuitry, which in operation, controls a determination of one or more possible start timings for signals including one or more synchronization signal blocks (a reliable discovery reference signal, including a primary synchronization signal /secondary synchronization signal /physical broadcast channel transmission; paragraph 0040, and abstract); and reception circuitry, which in operation (receive from a next generation Node B (gNB) in downlink control information or radio resource control signaling; the one or more processors are further configured to decode one or more LBTs received from a next generation node B; paragraph 0108-0109), controls a reception of the signals within a channel occupancy time based on the one or more possible start timings (the one or more processors are further configured to decode a starting OFDM symbol for a PUSCH transmission; starting one, two, or three OFDM symbols that may be reserved for PDCCH transmission, N (e.g. 4) contiguous OFDM symbols are grouped to transmit one SS block; paragraph 0043, 0046), wherein a number of the one or more possible start timings in half a slot for a first subcarrier spacing is different than that for a second SCS (receive one or more discovery reference signal transmitted by a base station (gNB) within a channel occupancy time ; note that 1600 of a next generation node B (gNB), operable for new radio unlicensed communication; the gNB can comprise one or more processors configured to encode a discovery reference signal in a single subframe 1610; the DRS can comprise a first synchronization signal block comprising a plurality of contiguous orthogonal frequency division multiplexed symbols in the single subframe ; in addition, the length of w.sub.oc,interSF,0.sup.(p) and w.sub.oc,interSF,1.sup.(p) can be equal to the assigned OFDM symbols in the first half slot, and the assigned OFDM symbols in the second half slot, respectively; paragraph 0035-0036, 0084; 0089, 0119).
However, Chang et al does not specifically disclose the features of determining frame timing, wherein the one or more possible start timings are determined in advance.
On the other hand, Niu et al, from the same field of endeavor, shows in figure 1, a radio frame 100 of a signal used to transmit the data can be configured to have a duration, T.sub.f, of 10 milliseconds, where each radio frame can be segmented or divided into ten subframes 110i that are each 1 ms long. Each subframe can be further subdivided into one or multiple slots 120a, 120i, and 120x, each with a duration, T.sub.slot, of 1/μ ms, where μ=1 for 15 kHz subcarrier spacing, μ=2 for 30 kHz, μ=4 for 60 kHz, μ=8 for 120 kHz, and u=16 for 240 kHz . The system can determine frame timing (paragraph 0023, 0046, 0059). Furthermore, the SIB can carry information related to the number of sub-channels and also the exact sequence on how these sub-channels hops can be used. The UEs can determine the frame timing based on the candidate position index value of the detected SSB (paragraph 0038-0039, 0056). For instance, a 20 ms dwell containing a discovery reference signal can be transmitted on band 54 regardless of the bandwidth available. The discovery reference signal and a system information block type 1 (SIB1) can be transmitted on band 54 regardless of the bandwidth available (paragraph 0037, 0056, 0114). It is noted above that Niu et al discloses the features of determining frame, wherein the one or more possible start timings are determined in advance. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to apply the technique of Niu to the communication system of Chang in order to provide a method for transmitting a discovery reference signal, and for measuring a discovery reference signal for the communication system operating in an unlicensed band.
Regarding claim 2, Chang et al as modified, discloses an integrated circuit (figs. 16-17) wherein more than one possible start timing in half a slot are determined for the first SCS (each radio frame can be segmented or divided into ten subframes 110i that are each 1 ms long; each subframe can be further subdivided into two slots 120a and 120b, each with a duration, T.sub.slot, of 0.5 ms; the first slot (#0) 120a can include a legacy physical downlink control channel 160 and/or a physical downlink shared channel 166, and the second slot (#1) 120b can include data transmitted using the PDSCH; in addition, the length of w.sub.oc,interSF,0.sup.(p) and w.sub.oc,interSF,1.sup.(p) can be equal to the assigned OFDM symbols in the first half slot, and the assigned OFDM symbols in the second half slot, respectively; paragraph 0035-0036, 0084).
Regarding claim 3, Chang et al as modified, discloses an integrated circuit (figs. 16-17), wherein the more than one possible start timing include a start timing which is not aligned with half a slot boundary (each subframe can be further subdivided into two slots 120a and 120b, each with a duration, T.sub.slot, of 0.5 ms; the first slot (#0) 120a can include a legacy physical downlink control channel 160 and/or a physical downlink shared channel 166, and the second slot (#1) 120b can include data transmitted using the PDSCH; in addition, the length of w.sub.oc,interSF,0.sup.(p) and w.sub.oc,interSF,1.sup.(p) can be equal to the assigned OFDM symbols in the first half slot, and the assigned OFDM symbols in the second half slot, respectively; paragraph 0035-0036, 0084).
Regarding claims 6, 10, Chang et al discloses a terminal (UE 1901 includes a receiver and a transmitter; the UEs 1901 and 1902 may be configured to connect, communicatively couple, with a radio access network 1910; paragraph 0118) comprising: circuitry, which in operation, determines one or more possible start timings for signals including one or more synchronization signal blocks ; a receiver (the UEs 1901 receive one or more discovery reference signal) one or more discovery reference signal (a reliable discovery reference signal (DRS), including a primary synchronization signal /secondary synchronization signal /physical broadcast channel transmission; paragraph 0040, and abstract), which in operation, receives the signals within a channel occupancy time based on the one or more possible start timings (the one or more processors are further configured to decode a starting OFDM symbol for a PUSCH transmission; starting one, two, or three OFDM symbols that may be reserved for PDCCH transmission, N (e.g. 4) contiguous OFDM symbols are grouped to transmit one SS block; paragraph 0043, 0046), wherein a number of the one or more possible start timings in half a slot for a first subcarrier spacing (SCS) is different than that for a second SCS boundary (receive one or more discovery reference signal transmitted by a base station (gNB) within a channel occupancy time ; note that 1600 of a next generation node B (gNB), operable for new radio unlicensed communication; the gNB can comprise one or more processors configured to encode a discovery reference signal in a single subframe 1610; the DRS can comprise a first synchronization signal block comprising a plurality of contiguous orthogonal frequency division multiplexed symbols in the single subframe ; in addition, the length of w.sub.oc,interSF,0.sup.(p) and w.sub.oc,interSF,1.sup.(p) can be equal to the assigned OFDM symbols in the first half slot, and the assigned OFDM symbols in the second half slot, respectively; paragraph 0035-0036, 0084; 0089, 0119).
However, Chang et al does not specifically disclose the features of determining frame timing, wherein the one or more possible start timings are determined in advance.
On the other hand, Niu et al, from the same field of endeavor, shows in figure 1, a radio frame 100 of a signal used to transmit the data can be configured to have a duration, T.sub.f, of 10 milliseconds, where each radio frame can be segmented or divided into ten subframes 110i that are each 1 ms long. Each subframe can be further subdivided into one or multiple slots 120a, 120i, and 120x, each with a duration, T.sub.slot, of 1/μ ms, where μ=1 for 15 kHz subcarrier spacing, μ=2 for 30 kHz, μ=4 for 60 kHz, μ=8 for 120 kHz, and u=16 for 240 kHz . The system can determine frame timing (paragraph 0023, 0046, 0059). Furthermore, the SIB can carry information related to the number of sub-channels and also the exact sequence on how these sub-channels hops can be used. The UEs can determine the frame timing based on the candidate position index value of the detected SSB (paragraph 0038-0039, 0056). For instance, a 20 ms dwell containing a discovery reference signal can be transmitted on band 54 regardless of the bandwidth available. The discovery reference signal and a system information block type 1 (SIB1) can be transmitted on band 54 regardless of the bandwidth available (paragraph 0037, 0056, 0114). It is noted above that Niu et al discloses the features of determining frame timing, wherein the one or more possible start timings are determined in advance. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to apply the technique of Niu to the communication system of Chang in order to provide a method for transmitting a discovery reference signal, and for measuring a discovery reference signal for the communication system operating in an unlicensed band.
Regarding claim 7, Chang et al as modified, discloses a terminal (UE 1901 includes a receiver and a transmitter; the UEs 1901 and 1902 may be configured to connect, communicatively couple, with a radio access network 1910; paragraph 0118), wherein more than one possible start timing in half a slot are determined for the first SCS (each radio frame can be segmented or divided into ten subframes 110i that are each 1 ms long; each subframe can be further subdivided into two slots 120a and 120b, each with a duration, T.sub.slot, of 0.5 ms; the first slot (#0) 120a can include a legacy physical downlink control channel 160 and/or a physical downlink shared channel 166, and the second slot (#1) 120b can include data transmitted using the PDSCH; in addition, the length of w.sub.oc,interSF,0.sup.(p) and w.sub.oc,interSF,1.sup.(p) can be equal to the assigned OFDM symbols in the first half slot, and the assigned OFDM symbols in the second half slot, respectively; paragraph 0035-0036, 0084).
Regarding claim 8, Chang et al as modified, discloses a terminal (UE 1901 includes a receiver and a transmitter; the UEs 1901 and 1902 may be configured to connect, communicatively couple, with a radio access network 1910; paragraph 0118), wherein the more than one possible start timing include a start timing which is not aligned with half a slot boundary (each subframe can be further subdivided into two slots 120a and 120b, each with a duration, T.sub.slot, of 0.5 ms; the first slot (#0) 120a can include a legacy physical downlink control channel 160 and/or a physical downlink shared channel 166, and the second slot (#1) 120b can include data transmitted using the PDSCH; in addition, the length of w.sub.oc,interSF,0.sup.(p) and w.sub.oc,interSF,1.sup.(p) can be equal to the assigned OFDM symbols in the first half slot, and the assigned OFDM symbols in the second half slot, respectively; paragraph 0035-0036, 0084).
Regarding claims 11, 15, Chang et al discloses a communication method (figs. 16-17) comprising: determining one or more possible start timings for signals (the gNB can schedule a mini-slot for a small packet, while the gNB can also schedule multiple aggregated slots for large packets; paragraph 0051) including one or more synchronization signal blocks (the gNB can comprise one or more processors configured to encode a discovery reference signal in a single subframe 1610; the DRS can comprise a first synchronization signal block comprising a plurality of contiguous orthogonal frequency division multiplexed symbols in the single subframe; paragraph 0089; and receiving (receive one or more discovery reference signal transmitted by a base station within a channel occupancy time; the gNB can send the DRS in the single subframe to a user equipment ; paragraph 0047) the signals within a channel occupancy time (COT) based on the one or more possible start timings (the one or more processors are further configured to decode a starting OFDM symbol for a PUSCH transmission; starting one, two, or three OFDM symbols that may be reserved for PDCCH transmission, N (e.g. 4) contiguous OFDM symbols are grouped to transmit one SS block; paragraph 0043, 0046) wherein a number of the one or more possible start timings in half a slot for a first subcarrier spacing (SCS) is different than that for a second SCS (receive one or more discovery reference signal transmitted by a base station (gNB) within a channel occupancy time ; note that 1600 of a next generation node B (gNB), operable for new radio unlicensed communication; the gNB can comprise one or more processors configured to encode a discovery reference signal in a single subframe 1610; the DRS can comprise a first synchronization signal block comprising a plurality of contiguous orthogonal frequency division multiplexed symbols in the single subframe ; in addition, the length of w.sub.oc,interSF,0.sup.(p) and w.sub.oc,interSF,1.sup.(p) can be equal to the assigned OFDM symbols in the first half slot, and the assigned OFDM symbols in the second half slot, respectively; paragraph 0035-0036, 0084; 0089, 0119).
However, Chang et al does not specifically disclose the features of determining frame timing, wherein the one or more possible start timings are determined in advance.
On the other hand, Niu et al, from the same field of endeavor, shows in figure 1, a radio frame 100 of a signal used to transmit the data can be configured to have a duration, T.sub.f, of 10 milliseconds, where each radio frame can be segmented or divided into ten subframes 110i that are each 1 ms long. Each subframe can be further subdivided into one or multiple slots 120a, 120i, and 120x, each with a duration, T.sub.slot, of 1/μ ms, where μ=1 for 15 kHz subcarrier spacing, μ=2 for 30 kHz, μ=4 for 60 kHz, μ=8 for 120 kHz, and u=16 for 240 kHz . The system can determine frame timing (paragraph 0023, 0046, 0059). Furthermore, the SIB can carry information related to the number of sub-channels and also the exact sequence on how these sub-channels hops can be used. The UEs can determine the frame timing based on the candidate position index value of the detected SSB (paragraph 0038-0039, 0056). For instance, a 20 ms dwell containing a discovery reference signal can be transmitted on band 54 regardless of the bandwidth available. The discovery reference signal and a system information block type 1 (SIB1) can be transmitted on band 54 regardless of the bandwidth available (paragraph 0037, 0056, 0114). It is noted above that Niu et al discloses the features of determining frame, wherein the one or more possible start timings are determined in advance. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to apply the technique of Niu to the communication system of Chang in order to provide a method for transmitting a discovery reference signal, and for measuring a discovery reference signal for the communication system operating in an unlicensed band.
Regarding claim 12, Chang et alas modified discloses a communication method (figs. 16-17), wherein more than one possible start timing in half a slot are determined for the first SCS (each radio frame can be segmented or divided into ten subframes 110i that are each 1 ms long; each subframe can be further subdivided into two slots 120a and 120b, each with a duration, T.sub.slot, of 0.5 ms; the first slot (#0) 120a can include a legacy physical downlink control channel 160 and/or a physical downlink shared channel 166, and the second slot (#1) 120b can include data transmitted using the PDSCH; in addition, the length of w.sub.oc,interSF,0.sup.(p) and w.sub.oc,interSF,1.sup.(p) can be equal to the assigned OFDM symbols in the first half slot, and the assigned OFDM symbols in the second half slot, respectively; paragraph 0035-0036, 0084).
Regarding claim 13, Chang et alas modified discloses a communication method (figs. 16-17), wherein the more than one possible start timing include a start timing which is not aligned with half a slot boundary (each subframe can be further subdivided into two slots 120a and 120b, each with a duration, T.sub.slot, of 0.5 ms; the first slot (#0) 120a can include a legacy physical downlink control channel 160 and/or a physical downlink shared channel 166, and the second slot (#1) 120b can include data transmitted using the PDSCH; in addition, the length of w.sub.oc,interSF,0.sup.(p) and w.sub.oc,interSF,1.sup.(p) can be equal to the assigned OFDM symbols in the first half slot, and the assigned OFDM symbols in the second half slot, respectively; paragraph 0035-0036, 0084).
Claims 4, 9, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al (US 20210135803 A1) in view of Niu et al (US 20220060905 A1) as applied to claims 1, 6 above, and further in view of Moon et al (US 20220104258 A1).
Regarding claims 4, 9, 14, Chang and Niu disclose everything claimed as explained above except the features of the number of the one or more possible start timings in half a slot for the first SCS is greater than that for the second SCS, the first SCS being smaller than the second SCS.
However, Moon et al discloses the features of the number of the one or more possible start timings in half a slot (information of the bandwidth part may include information indicating a position of a starting PRB of the bandwidth part; paragraph 0068) (the slot may comprise 14 consecutive OFDM symbols; the length of the slot may be variable differently from the length of the subframe, and may be inversely proportional to the subcarrier spacing; the frequency region of the carrier may be divided into (N+1) sub bands based on the N guard band, and each of the subbands may be composed of one or a plurality of consecutive RBs ; note that the base station may schedule a data channel using a plurality of slots; the minislot may be used as a transmission unit, and the length of the minislot may be set shorter than the length of the slot; a slot having a length shorter than the length of the conventional slot may be referred to as a “minislot” in the communication system; paragraph 0010, 0060, 0062), wherein the number of possible starting positions for the first SCS is greater than that for the second SCS, the first SCS being smaller than the second SCS (a starting RB of a first subband among the (N+1) subbands may be a starting RB of the carrier, and an ending RB of the first subband may be an RB having an index one lower than an index of a starting RB of a first guard band; paragraph 0011, 0021) (a starting RB of an (N+1)-th subband among the (N+1) subbands may be an RB having an index one higher than an index of an ending RB of an N-th guard band, and an ending RB of the (N+1)-th subband may be an ending RB of the carrier; paragraph 0021). Furthermore, Moon et al discloses the features of the number of possible starting positions (information of the bandwidth part may further include information indicating a position of a starting PRB of the bandwidth part and information indicating the number of PRBs constituting the bandwidth part ; paragraph 0068) in half a slot (the slot may comprise 14 consecutive OFDM symbols; the length of the slot may be variable differently from the length of the subframe, and may be inversely proportional to the subcarrier spacing; the base station may schedule a data channel using a plurality of slots; the frequency region of the carrier may be divided into (N+1) subbands based on the N guard band, and each of the subbands may be composed of one or a plurality of consecutive RBs ; the minislot may be used as a transmission unit, and the length of the minislot may be set shorter than the length of the slot; a slot having a length shorter than the length of the conventional slot may be referred to as a “minislot” in the communication system; paragraph 0060, 0062) for a smaller synchronization signal block subcarrier spacing (a subcarrier spacing may be 30 kHz, the length of one slot may be 0.5 ms, and the length of the DRS transmission window may be 5 ms; one DRS transmission window may consist of 5 slots, each slot may include two DRS candidate resources (or two SS/PBCH block candidate resources), and 10 DRS candidates may be arranged within one DRS transmission window; the DRS transmission window may appear periodically in the time domain; a synchronization signal/physical broadcast channel block reception and measurement operation, the synchronization signal may include a primary synchronization signal, a secondary synchronization signal ;paragraph 0065, 0128) is greater than that for a larger SSB SCS (the activation time point of the first guard band, that is, the time point t2 may be the starting time point of the slot (n+1); in addition, D1 may be the duration from the time point t1 to the time point t2, and D2 may be the duration from the time point t2 to the ending time point of the COT, that is, the entire duration of the slot (n+1); the time point t2 may be defined, configured, or indicated as a starting time point of the (C+1)-th slot among the slot(s) constituting the COT or transmission burst ; paragraph 0133-0134, 0139). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to apply the technique of Moon to the modified system of Niu and Chang in order to provide a method for configuring an LBT subband in a communication system operating in an unlicensed band.
Conclusion
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MARCEAU MILORD
Examiner
Art Unit 2641
/MARCEAU MILORD/Primary Examiner, Art Unit 2641
Prosecution Insights