DETAILED ACTION
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 obviousness-type 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); 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 conflicting 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. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
2. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patents No. 11018946, 11108639, and 12113676.
The subject matter claimed in the instant application is fully disclosed in the U.S. Patents No. 11018946, 11108639, and 12113676 as follows:
Instant application:
1. A non-transitory computer-readable medium storing instructions that, when executed, cause a wireless device to: receive one or more radio resource control (RRC) messages comprising:
a first configuration parameter, of a first semi-persistent scheduling (SPS) configuration, indicating a first hybrid automatic repeat request (HARQ) codebook identifier;
a second configuration parameter, of a second SPS configuration, indicating a second HARQ codebook identifier, wherein the second HARQ codebook identifier is the same as the first HARQ codebook identifier; and
a third configuration parameter indicating a state that is mapped to the first SPS configuration and the second SPS configuration;
receive a downlink control information (DCI), wherein: a value of one or more bits of a HARQ process number field of the DCI indicates the state; and the DCI indicates deactivation of the first SPS configuration and the second SPS configuration; and
transmit an acknowledgement.
2. The non-transitory computer-readable medium of claim 1, wherein the deactivation of the first SPS configuration and the second SPS configuration comprises deactivation of: a first plurality of resources associated with the first SPS configuration; and a second plurality of resources associated with the second SPS configuration.
3. The non-transitory computer-readable medium of claim 1, wherein: the DCI comprises a physical downlink shared channel (PDSCH)-to-HARQ feedback timing field; and a value of the PDSCH-to-HARQ feedback timing field indicates a time duration between the DCI and the acknowledgement.
4. The non-transitory computer-readable medium of claim 3, wherein a timing of the acknowledgement is based on a first timing of the DCI and the value of the PDSCH-to-HARQ feedback timing field.
5. The non-transitory computer-readable medium of claim 1, wherein: the first HARQ codebook identifier indicates a first HARQ feedback codebook for transmission of an acknowledgement associated with releasing the first SPS configuration or a HARQ feedback for a transport block received via a resource associated with the first SPS configuration; the second HARQ codebook identifier indicates a second HARQ feedback codebook for transmission of an acknowledgement associated with releasing the second SPS configuration or a HARQ feedback for a transport block received via a resource associated with the second SPS configuration; and the first HARQ feedback codebook is the same as the second HARQ feedback codebook based on the first HARQ codebook identifier being the same as the second HARQ codebook identifier.
6. The non-transitory computer-readable medium of claim 1, wherein the state is associated with a plurality of configuration indexes comprising a first configuration index, of the first SPS configuration, and a second configuration index of the second SPS configuration.
7. The non-transitory computer-readable medium of claim 1, wherein transmitting the acknowledgement is in response to the DCI indicating release of the first SPS configuration and the second SPS configuration.
8. The non-transitory computer-readable medium of claim 1, wherein the one or more RRC messages further comprise a fourth configuration parameter indicating a configured scheduling radio network temporary identifier, wherein the DCI is associated with the configured scheduling radio network temporary identifier.
9. The non-transitory computer-readable medium of claim 1, wherein the instructions, when executed, further cause the wireless device to: receive a first activation DCI indicating activation of a first plurality of resources associated with the first SPS configuration; and receive a second activation DCI indicating activation of a second plurality of resources associated with the second SPS configuration.
10. The non-transitory computer-readable medium of claim 1, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
11. A non-transitory computer-readable medium storing instructions that, when executed, cause a base station to: transmit one or more radio resource control (RRC) messages comprising: a first configuration parameter, of a first semi-persistent scheduling (SPS) configuration, indicating a first hybrid automatic repeat request (HARQ) codebook identifier; a second configuration parameter, of a second SPS configuration, indicating a second HARQ codebook identifier, wherein the second HARQ codebook identifier is the same as the first HARQ codebook identifier; and a third configuration parameter indicating a state that is mapped to the first SPS configuration and the second SPS configuration; transmit a downlink control information (DCI), wherein: a value of one or more bits of a HARQ process number field of the DCI indicates the state; and the DCI indicates deactivation of the first SPS configuration and the second SPS configuration; and receive an acknowledgement.
12. The non-transitory computer-readable medium of claim 11, wherein the deactivation of the first SPS configuration and the second SPS configuration comprises deactivation of: a first plurality of resources associated with the first SPS configuration; and a second plurality of resources associated with the second SPS configuration.
13. The non-transitory computer-readable medium of claim 11, wherein: the DCI comprises a physical downlink shared channel (PDSCH)-to-HARQ feedback timing field; and a value of the PDSCH-to-HARQ feedback timing field indicates a time duration between the DCI and the acknowledgement.
14. The non-transitory computer-readable medium of claim 13, wherein a timing of the acknowledgement is based on a first timing of the DCI and the value of the PDSCH-to-HARQ feedback timing field.
15. The non-transitory computer-readable medium of claim 11, wherein: the first HARQ codebook identifier indicates a first HARQ feedback codebook for transmission of an acknowledgement associated with releasing the first SPS configuration or a HARQ feedback for a transport block received via a resource associated with the first SPS configuration; the second HARQ codebook identifier indicates a second HARQ feedback codebook for transmission of an acknowledgement associated with releasing the second SPS configuration or a HARQ feedback for a transport block received via a resource associated with the second SPS configuration; and the first HARQ feedback codebook is the same as the second HARQ feedback codebook based on the first HARQ codebook identifier being the same as the second HARQ codebook identifier.
16. The non-transitory computer-readable medium of claim 11, wherein the state is associated with a plurality of configuration indexes comprising a first configuration index, of the first SPS configuration, and a second configuration index of the second SPS configuration.
17. The non-transitory computer-readable medium of claim 11, wherein receiving the acknowledgement is in response to the DCI indicating release of the first SPS configuration and the second SPS configuration.
18. The non-transitory computer-readable medium of claim 11, wherein the one or more RRC messages further comprise a fourth configuration parameter indicating a configured scheduling radio network temporary identifier, wherein the DCI is associated with the configured scheduling radio network temporary identifier.
19. The non-transitory computer-readable medium of claim 11, wherein the instructions, when executed, further cause the base station to: transmit a first activation DCI indicating activation of a first plurality of resources associated with the first SPS configuration; and transmit a second activation DCI indicating activation of a second plurality of resources associated with the second SPS configuration.
20. The non-transitory computer-readable medium of claim 11, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
Pat. No. 11018946:
1. A method comprising: receiving, by a wireless device, one or more radio resource control (RRC) messages comprising:
first configuration parameters, of a first semi-persistent scheduling (SPS) configuration, indicating a first hybrid automatic repeat request (HARQ) codebook identifier;
second configuration parameters, of a second SPS configuration, indicating a second HARQ codebook identifier, wherein the second HARQ codebook identifier is the same as the first HARQ codebook identifier; and
a third configuration parameter indicating a state that is mapped to the first SPS configuration and the second SPS configuration;
receiving a downlink control information (DCI) comprising a HARQ process number field, wherein a value of one or more bits of the HARQ process number field indicates the state configured using the third configuration parameter; deactivating the first SPS configuration and the second SPS configuration in response to receiving the DCI; and
transmitting an acknowledgment indicating reception of the DCI.
2. The method of claim 1, further comprising deactivating, based on receiving the DCI: first plurality of resources associated with the first SPS configuration; and second plurality of resources associated with the second SPS configuration.
3. The method of claim 2, wherein: the DCI comprises a physical downlink shared channel (PDSCH)-to-HARQ feedback timing field; and a value of the PDSCH-to-HARQ feedback timing field indicates a time duration between the DCI and the acknowledgement.
4. The method of claim 3, further comprising determining a timing of the acknowledgement based on a first timing of the DCI and the value of the PDSCH-to-HARQ feedback timing field.
5. The method of claim 2, wherein: the first HARQ codebook identifier indicates a first HARQ feedback codebook for transmission of an acknowledgement associated with releasing the first SPS configuration or a HARQ feedback for a transport block received via a resource associated with the first SPS configuration; the second HARQ codebook identifier indicates a second HARQ feedback codebook for transmission of an acknowledgement associated with releasing the second SPS configuration or a HARQ feedback for a transport block received via a resource associated with the second SPS configuration; and the first HARQ feedback codebook is the same as the second HARQ feedback codebook based on the first HARQ codebook identifier being the same as the second HARQ codebook identifier.
6. The method of claim 2, wherein the state is associated with a plurality of configuration indexes comprising a first configuration index, of the first SPS configuration, and a second configuration index of the second SPS configuration.
7. The method of claim 2, wherein transmitting the acknowledgement is in response to the DCI indicating release of the first SPS configuration and the second SPS configuration.
8. The method of claim 2, wherein the one or more RRC messages further comprise a fourth configuration parameter indicating a configured scheduling radio network temporary identifier, wherein the DCI is associated with the configured scheduling radio network temporary identifier.
9. The method of claim 2, further comprising: receiving a first activation DCI indicating activation of a first plurality of resources associated with the first SPS configuration; and receiving a second activation DCI indicating activation of a second plurality of resources associated with the second SPS configuration.
10. The method of claim 2, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
11. The method of claim 1, wherein: the DCI comprises a physical downlink shared channel (PDSCH)-to-HARQ feedback timing field; and a value of the PDSCH-to-HARQ feedback timing field indicates a time duration between the DCI and the acknowledgement.
12. The method of claim 11, further comprising determining a timing of the acknowledgement based on a first timing of the DCI and the value of the PDSCH-to-HARQ feedback timing field.
13. The method of claim 12, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
14. The method of claim 1, wherein: the first HARQ codebook identifier indicates a first HARQ feedback codebook for transmission of an acknowledgement associated with releasing the first SPS configuration or a HARQ feedback for a transport block received via a resource associated with the first SPS configuration; the second HARQ codebook identifier indicates a second HARQ feedback codebook for transmission of an acknowledgement associated with releasing the second SPS configuration or a HARQ feedback for a transport block received via a resource associated with the second SPS configuration; and the first HARQ feedback codebook is the same as the second HARQ feedback codebook based on the first HARQ codebook identifier being the same as the second HARQ codebook identifier.
15. The method of claim 14, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
16. The method of claim 1, wherein the state is associated with a plurality of configuration indexes comprising a first configuration index, of the first SPS configuration, and a second configuration index of the second SPS configuration.
17. The method of claim 1, wherein transmitting the acknowledgement is in response to the DCI indicating release of the first SPS configuration and the second SPS configuration.
18. The method of claim 1, wherein the one or more RRC messages further comprise a fourth configuration parameter indicating a configured scheduling radio network temporary identifier, wherein the DCI is associated with the configured scheduling radio network temporary identifier.
19. The method of claim 1, further comprising: receiving a first activation DCI indicating activation of a first plurality of resources associated with the first SPS configuration; and receiving a second activation DCI indicating activation of a second plurality of resources associated with the second SPS configuration.
20. The method of claim 1, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
Pat. No. 11108639:
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: a first configuration parameter, of a first semi-persistent scheduling (SPS) configuration, indicating a first hybrid automatic repeat request (HARQ) codebook identifier; a second configuration parameter, of a second SPS configuration, indicating a second HARQ codebook identifier, wherein the second HARQ codebook identifier is the same as the first HARQ codebook identifier; and a third configuration parameter indicating a state that is mapped to the first SPS configuration and the second SPS configuration; receive a downlink control information (DCI), wherein a value of one or more bits of a HARQ process number field of the DCI indicates the state; deactivate the first SPS configuration and the second SPS configuration in response to receiving the DCI; and transmit an acknowledgment.
2. The wireless device of claim 1, wherein deactivating the first SPS configuration and the second SPS configuration comprises deactivating: a first plurality of resources associated with the first SPS configuration; and a second plurality of resources associated with the second SPS configuration.
3. The wireless device of claim 2, wherein: the DCI comprises a physical downlink shared channel (PDSCH)-to-HARQ feedback timing field; and a value of the PDSCH-to-HARQ feedback timing field indicates a time duration between the DCI and the acknowledgement.
4. The wireless device of claim 3, wherein the instructions, when executed by the one or more processors, further cause the wireless device to determine a timing of the acknowledgement based on a first timing of the DCI and the value of the PDSCH-to-HARQ feedback timing field.
5. The wireless device of claim 2, wherein: the first HARQ codebook identifier indicates a first HARQ feedback codebook for transmission of an acknowledgement associated with releasing the first SPS configuration or a HARQ feedback for a transport block received via a resource associated with the first SPS configuration; the second HARQ codebook identifier indicates a second HARQ feedback codebook for transmission of an acknowledgement associated with releasing the second SPS configuration or a HARQ feedback for a transport block received via a resource associated with the second SPS configuration; and the first HARQ feedback codebook is the same as the second HARQ feedback codebook based on the first HARQ codebook identifier being the same as the second HARQ codebook identifier.
6. The wireless device of claim 2, wherein the state is associated with a plurality of configuration indexes comprising a first configuration index, of the first SPS configuration, and a second configuration index of the second SPS configuration.
7. The wireless device of claim 2, wherein transmitting the acknowledgement is in response to the DCI indicating release of the first SPS configuration and the second SPS configuration.
8. The wireless device of claim 2, wherein the one or more RRC messages further comprise a fourth configuration parameter indicating a configured scheduling radio network temporary identifier, wherein the DCI is associated with the configured scheduling radio network temporary identifier.
9. The wireless device of claim 2, wherein the instructions, when executed by the one or more processors, further cause the wireless device to: receive a first activation DCI indicating activation of a first plurality of resources associated with the first SPS configuration; and receive a second activation DCI indicating activation of a second plurality of resources associated with the second SPS configuration.
10. The wireless device of claim 2, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
11. The wireless device of claim 1, wherein: the DCI comprises a physical downlink shared channel (PDSCH)-to-HARQ feedback timing field; and a value of the PDSCH-to-HARQ feedback timing field indicates a time duration between the DCI and the acknowledgement.
12. The wireless device of claim 11, further comprising determining a timing of the acknowledgement based on a first timing of the DCI and the value of the PDSCH-to-HARQ feedback timing field.
13. The wireless device of claim 12, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
14. The wireless device of claim 1, wherein: the first HARQ codebook identifier indicates a first HARQ feedback codebook for transmission of an acknowledgement associated with releasing the first SPS configuration or a HARQ feedback for a transport block received via a resource associated with the first SPS configuration; the second HARQ codebook identifier indicates a second HARQ feedback codebook for transmission of an acknowledgement associated with releasing the second SPS configuration or a HARQ feedback for a transport block received via a resource associated with the second SPS configuration; and the first HARQ feedback codebook is the same as the second HARQ feedback codebook based on the first HARQ codebook identifier being the same as the second HARQ codebook identifier.
15. The wireless device of claim 14, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
16. The wireless device of claim 1, wherein the state is associated with a plurality of configuration indexes comprising a first configuration index, of the first SPS configuration, and a second configuration index of the second SPS configuration.
17. The wireless device of claim 1, wherein transmitting the acknowledgement is in response to the DCI indicating release of the first SPS configuration and the second SPS configuration.
18. The wireless device of claim 1, wherein the one or more RRC messages further comprise a fourth configuration parameter indicating a configured scheduling radio network temporary identifier, wherein the DCI is associated with the configured scheduling radio network temporary identifier.
19. The wireless device of claim 1, wherein the instructions, when executed by the one or more processors, further cause the wireless device to: receive a first activation DCI indicating activation of a first plurality of resources associated with the first SPS configuration; and receive a second activation DCI indicating activation of a second plurality of resources associated with the second SPS configuration.
20. The wireless device of claim 1, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
Pat. No. 12113676:
1. A method comprising: transmitting, by a base station, one or more radio resource control (RRC) messages comprising: a first configuration parameter, of a first semi-persistent scheduling (SPS) configuration, indicating a first hybrid automatic repeat request (HARQ) codebook identifier; a second configuration parameter, of a second SPS configuration, indicating a second HARQ codebook identifier, wherein the second HARQ codebook identifier is the same as the first HARQ codebook identifier; and a third configuration parameter indicating a state that is mapped to the first SPS configuration and the second SPS configuration; transmitting a downlink control information (DCI), wherein: a value of one or more bits of a HARQ process number field of the DCI indicates the state; and the DCI indicates deactivation of the first SPS configuration and the second SPS configuration; and receiving an acknowledgement.
2. The method of claim 1, further comprising deactivating the first SPS configuration and the second SPS configuration by deactivating: a first plurality of resources associated with the first SPS configuration; and a second plurality of resources associated with the second SPS configuration.
3. The method of claim 1, wherein: the DCI comprises a physical downlink shared channel (PDSCH)-to-HARQ feedback timing field; and a value of the PDSCH-to-HARQ feedback timing field indicates a time duration between the DCI and the acknowledgement.
4. The method of claim 3, wherein a timing of the acknowledgement is based on a first timing of the DCI and the value of the PDSCH-to-HARQ feedback timing field.
5. The method of claim 1, wherein: the first HARQ codebook identifier indicates a first HARQ feedback codebook for transmission of an acknowledgement associated with releasing the first SPS configuration or a HARQ feedback for a transport block received via a resource associated with the first SPS configuration; the second HARQ codebook identifier indicates a second HARQ feedback codebook for transmission of an acknowledgement associated with releasing the second SPS configuration or a HARQ feedback for a transport block received via a resource associated with the second SPS configuration; and the first HARQ feedback codebook is the same as the second HARQ feedback codebook based on the first HARQ codebook identifier being the same as the second HARQ codebook identifier.
6. The method of claim 1, wherein the state is associated with a plurality of configuration indexes comprising a first configuration index, of the first SPS configuration, and a second configuration index of the second SPS configuration.
7. The method of claim 1, wherein the receiving the acknowledgement is in response to the DCI indicating release of the first SPS configuration and the second SPS configuration.
8. The method of claim 1, wherein the one or more RRC messages further comprise a fourth configuration parameter indicating a configured scheduling radio network temporary identifier, wherein the DCI is associated with the configured scheduling radio network temporary identifier.
9. The method of claim 1, further comprising: transmitting a first activation DCI indicating activation of a first plurality of resources associated with the first SPS configuration; and transmitting a second activation DCI indicating activation of a second plurality of resources associated with the second SPS configuration.
10. The method of claim 1, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
11. A base station comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the base station to: transmit one or more radio resource control (RRC) messages comprising: a first configuration parameter, of a first semi-persistent scheduling (SPS) configuration, indicating a first hybrid automatic repeat request (HARQ) codebook identifier; a second configuration parameter, of a second SPS configuration, indicating a second HARQ codebook identifier, wherein the second HARQ codebook identifier is the same as the first HARQ codebook identifier; and a third configuration parameter indicating a state that is mapped to the first SPS configuration and the second SPS configuration; transmit a downlink control information (DCI), wherein: a value of one or more bits of a HARQ process number field of the DCI indicates the state; and the DCI indicates deactivation of the first SPS configuration and the second SPS configuration; and receive an acknowledgement.
12. The base station of claim 11, wherein the DCI is configured to cause deactivation of the first SPS configuration and the second SPS configuration by deactivating: a first plurality of resources associated with the first SPS configuration; and a second plurality of resources associated with the second SPS configuration.
13. The base station of claim 11, wherein: the DCI comprises a physical downlink shared channel (PDSCH)-to-HARQ feedback timing field; and a value of the PDSCH-to-HARQ feedback timing field indicates a time duration between the DCI and the acknowledgement.
14. The base station of claim 13, wherein a timing of the acknowledgement is based on a first timing of the DCI and the value of the PDSCH-to-HARQ feedback timing field.
15. The base station of claim 11, wherein: the first HARQ codebook identifier indicates a first HARQ feedback codebook for transmission of an acknowledgement associated with releasing the first SPS configuration or a HARQ feedback for a transport block received via a resource associated with the first SPS configuration; the second HARQ codebook identifier indicates a second HARQ feedback codebook for transmission of an acknowledgement associated with releasing the second SPS configuration or a HARQ feedback for a transport block received via a resource associated with the second SPS configuration; and the first HARQ feedback codebook is the same as the second HARQ feedback codebook based on the first HARQ codebook identifier being the same as the second HARQ codebook identifier.
16. The base station of claim 11, wherein the state is associated with a plurality of configuration indexes comprising a first configuration index, of the first SPS configuration, and a second configuration index of the second SPS configuration.
17. The base station of claim 11, wherein receiving the acknowledgement is in response to the DCI indicating release of the first SPS configuration and the second SPS configuration.
18. The base station of claim 11, wherein the one or more RRC messages further comprise a fourth configuration parameter indicating a configured scheduling radio network temporary identifier, wherein the DCI is associated with the configured scheduling radio network temporary identifier.
19. The base station of claim 11, wherein the instructions, when executed by the one or more processors, further cause the base station to: transmit a first activation DCI indicating activation of a first plurality of resources associated with the first SPS configuration; and transmit a second activation DCI indicating activation of a second plurality of resources associated with the second SPS configuration.
20. The base station of claim 11, wherein the one or more RRC messages further comprise fourth configuration parameters of a bandwidth part of a cell, wherein the first SPS configuration and the second SPS configuration are for the bandwidth part.
Conclusion
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/KHAI M NGUYEN/Primary Examiner, Art Unit 2641
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