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 .
Initial Examination
Applicant's submission filed on 09/03/24 has been entered.
Claims 1-20 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 20 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 13 of prior U.S. Patent No. 12114314. This is a statutory double patenting rejection.
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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over their respective claims of U.S. Patent No. 12114314 in view of Choi (US 20220394739 A1). Specifically, the instant application’s independent claims 1 and 17 are rejected over the ‘314 patent’s independent claims 1 and 9, respectively, where Choi additionally discloses an UL grant for scheduling the PDSCH [par. 0131] and where the scheduling is used for configuring time-freq resources for UE communication [par. 0010].
Allowable Subject Matter
Claims 1-19 are allowable (pending resolution of the above DP rejection).
The following is a statement of reasons for the indication of allowable subject matter: the cited references fail to anticipate or render the claimed subject matter (combined with other limitations claimed in the claimed subject matter) obvious over any of the prior art of record, either alone or in combination. Therefore, when taken as a whole application, and incorporating all the respective limitations, none of the prior art discloses the features as claimed. For instance, although Qualcomm (“Multiplexing of PUCCH and PUSCH”, 3GPP TSG RAN WG1 Meeting 91 R1-1721387, cited by Applicant of Record) generally discloses multiplexing PUCCH/PUSCH, including utilizing UCI, DCI, HARQ-ACK, and CSI, Qualcomm does not specifically disclose “A first node for wireless communications, comprising: a first receiver, receiving a first signaling, a second signaling and a second radio signal; a first transmitter, transmitting a first radio signal and first information in a first time-frequency resource set; wherein the first signaling is used to determine the first time-frequency resource set, and the first signaling comprises a first field, the first field comprised in the first signaling being used to determine a first parameter set out of K1 parameter sets, the first parameter set comprises K2 first-type parameters, and at least one of the K2 first-type parameters is used to determine a first integer, a number of resource elements occupied by the first information in the first time-frequency resource set is equal to the first integer, the first integer being greater than 0; the K1 parameter sets are related to a first condition set; K1 and K2 are positive integers greater than 1, respectively; the second signaling comprises a group of configuration information of the second radio signal, the group of configuration information being comprised of at least one of time-frequency resources occupied, an MCS, a HARQ process ID or a New Data Indicator (NDI); the first information is used to determine whether the second radio signal is correctly received, or the second radio signal is a reference signal and the first information is Channel State Information (CSI) for the reference signal; the first radio signal corresponds to a first type, and the second radio signal corresponds to a second type, the first condition set being comprised of the first type and the second type; the first signaling is an Uplink Grant (UL Grant), a physical layer channel occupied by the first radio signal comprises a PUSCH, the first signaling schedules the first radio signal.” Consequently, the claims are allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Walter J DiVito whose telephone number is (571)272-2556. The examiner can normally be reached M-R: 8 am - 6 pm (PST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Mui can be reached at 571-270-1420. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WALTER J DIVITO/Primary Examiner, Art Unit 2465
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