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 .
Response to Amendment
The amendment to the specification filed on 02/02/2026 has not introduced a new matter, thus it has been accepted and entered.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/210,746, filed on 07/11/2023.
Interview Summary
The Examiner contacted the Applicant’s representative (Masahito Yokoyama) on 03/02/206 to discuss the double patenting rejections of the claims, wherein the claims are allowable over the prior arts. However, The Applicant’s representative was not available for the discussion. Thus, the instant application is not in condition for allowance.
Response to Arguments
Applicant’s arguments, see Remarks, filed on 02/02/2026, with respect to the objection to the Specification have been fully considered and are persuasive in view of the amendment to the Specification filed on 02/02/2026. The objection to the Specification has been withdrawn.
Applicant's arguments filed on 02/02/2026 with the respect to the double patenting rejections have been fully considered but they are not persuasive.
Regarding the nonstatutory double patenting rejection, the Applicant argued that “…it is respectfully requested that these rejections be held in abeyance. A terminal disclaimer can be filed, if the claims in the present application are deemed obvious in view of the claims of U.S. Patent No. 12,113,616 B2 and U.S. Patent No. 11,711,165 B2 at the time of allowance of the present application. Furthermore, additional amendments (if needed for allowance of these claims) may eliminate the nonstatutory double-patenting rejection, making the filing of a Terminal Disclaimer at this time premature” (emphasis added) (see Remarks, page 9).
In response to applicant’s argument, the Examiner respectfully disagrees with the argument above. Applicant should submit an argument under the heading “Remarks” pointing out disagreements with the examiner’s contentions. Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them. Therefore, the Applicant has failed to provide any reasons to withdrawn the nonstatutory double patenting rejections. Accordingly, the double patenting rejection is maintained.
Applicant’s arguments, see Remarks, filed on 02/02/2026, with respect to the 35 U.S.C. 103 rejections of claims 1-8 have been fully considered and are persuasive in view of the amendment filed on 02/02/2026. The 35 U.S.C. 103 rejections of claims 1-8 have been withdrawn.
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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,113,616 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims are within a same scope as set forth below.
Regarding claim 1, although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application merely broadens the scope of the claim 1 of the U.S. Patent No. 12,113,616 B2 by eliminating the elements and their respective functions of the claims as set forth below.
Claim 1 of Instant application
Claim 1 of U.S. Patent No. 12,113,616 B2
A terminal device that communicates with a base station device, the terminal device comprising: circuitry configured to
A terminal device that communicates with a base station device, the terminal device comprising: circuitry configured to
set bitmap information indicating resource that can be mapped within a predetermined time domain defined by a plurality of symbols, based on a first upper layer signaling from the base station device;
set bitmap information indicating resources to be allocated within a predetermined time domain defined by a plurality of symbols, based on an upper layer signaling from the base station;
set resource block information in a frequency direction to which a channel can be mapped, based on a second upper layer signaling from the base station device, the second upper layer signaling being different from the first upper layer signaling;
set resource block information in a frequency direction to which a channel to be allocated, based on another upper layer signaling from the base station (thus, the another upper layer signaling is different from the upper layer signaling for setting bitmap information, i.e. allocating different information);
receive the channel which indicates a mapping mode, from the base station device; and set a first mode or a second mode of the mapping mode,
set a mapping mode based on a physical layer signaling from the base station; and receive the channel in a first mode or a second mode based on the mapping mode,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the channel is allocated to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
None
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein a schedule timing in the first mode is performed in units of the predetermined time domain, and a schedule timing in the second mode is performed in units of the symbol.
wherein a schedule timing in the first mode is performed on a basis of the predetermined time domain, and a schedule timing in the second mode is performed on a basis of the symbol,
None
wherein the one or more channel candidates within the resource is defined by a search space set.
In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 1 of the instant application merely broadens the scope of the claim 1 of the U.S. Patent No. 12,113,616 B2 by eliminating the limitations 6 and 8 of U.S. Patent No. 12,113,616 B2’s claim 1.
Regarding claim 2, U.S. Patent No. 12,113,616 B2 further claims wherein the bitmap information is used for PDCCH monitoring (see claim 2).
Regarding claim 3, although the claims at issue are not identical, they are not patentably distinct from each other because claim 3 of the instant application merely broadens the scope of the claim 6 of the U.S. Patent No. 12,113,616 B2 by eliminating the elements and their respective functions of the claims as set forth below.
Claim 3 of Instant application
Claim 6 of U.S. Patent No. 12,113,616 B2
A method for a terminal device that communicates with a base station, the method comprising:
A method for a terminal device that communicates with a base station, the method comprising:
setting bitmap information indicating resource that can be mapped within a predetermined time domain defined by a plurality of symbols, based on a first upper layer signaling from the base station device;
setting bitmap information indicating resources to be allocated within a predetermined time domain defined by a plurality of symbols, based on an upper layer signaling from the base station;
setting resource block information in a frequency direction to which a channel can be mapped, based on a second upper layer signaling from the base station device, the second upper layer signaling being different from the first upper layer signaling;
setting resource block information in a frequency direction to which a channel to be allocated, based on another upper layer signaling from the base station (thus, the another upper layer signaling is different from the upper layer signaling for setting bitmap information, i.e. allocating different information);
receiving the channel which indicates a mapping mode, from the base station device; and set a first mode or a second mode of the mapping mode,
setting a mapping mode based on a physical layer signaling from the base station; and receiving the channel in a first mode or a second mode based on the mapping mode,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the channel is allocated to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
NONE
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein a schedule timing in the first mode is performed in units of the predetermined time domain, and a schedule timing in the second mode is performed in units of the symbol.
wherein a schedule timing in the first mode is performed in units of the predetermined time domain, and a schedule timing in the second mode is performed in units of the symbol,
NONE
wherein the one or more channel candidates within the resource is defined by a search space set.
In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 3 of the instant application merely broadens the scope of the claim 6 of the U.S. Patent No. 12,113,616 B2 by eliminating the limitations 6 and 8 of U.S. Patent No. 12,113,616 B2’s claim 6.
Regarding claim 4, U.S. Patent No. 12,113,616 B2 further claims wherein the bitmap information is used for PDCCH monitoring (see claim 7).
Regarding claim 5, although the claims at issue are not identical, they are not patentably distinct from each other because claim 5 of the instant application merely broadens the scope of the claim 11 of the U.S. Patent No. 12,113,616 by eliminating the elements and their respective functions of the claims as set forth below.
Claim 5 of Instant application
Claim 11 of U.S. Patent No. 12,113,616 B2
A base station that communicates with a terminal device, the base station comprising: circuitry configured to
A base station that communicates with a terminal device, the base station comprising: circuitry configured to
transmit a first upper layer signaling to the terminal device, the upper layer signaling being used to set bitmap information at the terminal device, the bitmap information indicating resource that can be mapped within a predetermined time domain defined by a plurality of symbols;
transmit an upper layer signaling to the terminal device, the upper layer signaling being used to set bitmap information at the terminal device, the bitmap information indicating resources to be allocated within a predetermined time domain defined by a plurality of symbols;
transmit a second upper layer signaling to the terminal device, the second upper layer signaling being used to set resource block information, at the terminal device, in a frequency direction to which a channel can be mapped, the second upper layer signaling being different from the first upper layer signaling; and
transmit another upper layer signaling to the terminal device, the other upper layer signaling being used to set resource block information, at the terminal device, in a frequency direction to which a channel to be allocated (thus, the another upper layer signaling is different from the upper layer signaling for setting bitmap information, i.e. allocating different information); and
transmit a physical layer signaling to the terminal device, the terminal device receiving the channel which indicates a mapping mode and setting a first mode or a second mode of the mapping mode,
transmit a physical layer signaling to the terminal device, the physical layer signaling being used to set a mapping mode at the terminal device, the terminal device receiving the channel in a first mode or a second mode based on the mapping mode,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the channel is allocated to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein a schedule timing in the first mode is performed in units of the predetermined time domain, and a schedule timing in the second mode is performed in units of the symbol.
wherein a schedule timing in the first mode is performed on a basis of the predetermined time domain, and a schedule timing in the second mode is performed on a basis of the symbol,
NONE
wherein the one or more channel candidates within the resource is defined by a search space set.
In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 5 of the instant application merely broadens the scope of the claim 11 of the U.S. Patent No. 12,113,616 B2 by eliminating the limitations 6 and 8 of U.S. Patent No. 12,113,616 B2’s claim 11.
Regarding claim 6, U.S. Patent No. 12,113,616 B2 further claims wherein the bitmap information is used for PDCCH monitoring (see claim 12).
Regarding claim 7, although the claims at issue are not identical, they are not patentably distinct from each other because claim 7 of the instant application merely broadens the scope of the claim 16 of the U.S. Patent No. 12,113,616 B2 by eliminating the elements and their respective functions of the claims as set forth below.
Claim 7 of Instant application
Claim 16 of U.S. Patent No. 12,113,616 B2
A method for a base station that communicates with a terminal device, the method comprising:
A method for a base station that communicates with a terminal device, the method comprising:
transmitting a first upper layer signaling to the terminal device, the upper layer signaling being used to set bitmap information at the terminal device, the bitmap information indicating resource that can be mapped within a predetermined time domain defined by a plurality of symbols;
transmitting an upper layer signaling to the terminal device, the upper layer signaling being used to set bitmap information at the terminal device, the bitmap information indicating resources that to be allocated within a predetermined time domain defined by a plurality of symbols;
transmitting a second upper layer signaling to the terminal device, the second upper layer signaling being used to set resource block information, at the terminal device, in a frequency direction to which a channel can be mapped, the second upper layer signaling being different from the first upper layer signaling; and
transmitting another upper layer signaling to the terminal device, the other upper layer signaling being used to set resource block information, at the terminal device, in a frequency direction to which a channel to be allocated (thus, the another upper layer signaling is different from the upper layer signaling for setting bitmap information, i.e. allocating different information); and
transmitting a physical layer signaling to the terminal device, the terminal device receiving the channel which indicates a mapping mode and setting a first mode or a second mode of the mapping mode,
transmitting a physical layer signaling to the terminal device, the physical layer signaling being used to set a mapping mode at the terminal device, the terminal device receiving the channel in a first mode or a second mode based on the mapping mode,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the channel is allocated to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein a schedule timing in the first mode is performed in units of the predetermined time domain, and a schedule timing in the second mode is performed in units of the symbol.
wherein a schedule timing in the first mode is performed on a basis of the predetermined time domain, and a schedule timing in the second mode is performed on a basis of the symbol,
NONE
wherein the one or more channel candidates within the resource is defined by a search space set.
In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 7 of the instant application merely broadens the scope of the claim 16 of the U.S. Patent No. 12,113,616 B2 by eliminating the limitations 6 and 8 of U.S. Patent No. 12,113,616 B2’s claim 16.
Regarding claim 8, U.S. Patent No. 12,113,616 B2 further claims wherein the bitmap information is used for PDCCH monitoring (see claim 17).
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 11,711,165 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims are within a same scope as set forth below.
Regarding claim 1, although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application merely broadens the scope of the claim 1 of the U.S. Patent No. 11,711,165 B2 by eliminating the elements and their respective functions of the claims as set forth below.
Claim 1 of Instant application
Claim 1 of U.S. Patent No. 11,711,165 B2
A terminal device that communicates with a base station device, the terminal device comprising: circuitry configured to
A terminal device that communicates with a base station device, the terminal device comprising: circuitry configured to
set bitmap information indicating resource that can be mapped within a predetermined time domain defined by a plurality of symbols, based on first upper layer signaling from the base station device;
set bitmap information indicating resources that can be mapped within a predetermined time domain defined by a plurality of symbols, based on an upper layer signaling from the base station;
set resource block information in a frequency direction to which a channel can be mapped, based on a second upper layer signaling from the base station device, the second upper layer signaling being different from the first upper layer signaling;
set resource block information in a frequency direction to which a channel can be mapped, based on another upper layer signaling from the base station (thus, the another upper layer signaling is different from the upper layer signaling for setting bitmap information, i.e. allocating different information);
receive the channel which indicates a mapping mode, from the base station device; and set a first mode or a second mode of the mapping mode,
set a mapping mode based on a physical layer signaling from the base station; and receive the channel in a first mode or a second mode based on the mapping mode,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
None
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein a schedule timing in the first mode is performed in units of the predetermined time domain, and a schedule timing in the second mode is performed in units of the symbol.
wherein a schedule timing in the first mode is performed on a basis of the predetermined time domain, and a schedule timing in the second mode is performed on a basis of the symbol.
In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 1 of the instant application merely broadens the scope of the claim 1 of the U.S. Patent No. 11,711,165 B2 by eliminating the limitation 6 of U.S. Patent No. 11,711,165 B2’s claim 1.
Regarding claim 2, U.S. Patent No. 11,711,165 B2 further claims wherein the bitmap information is used for PDCCH monitoring (see claim 2).
Regarding claim 3, although the claims at issue are not identical, they are not patentably distinct from each other because claim 3 of the instant application merely broadens the scope of the claim 3 of the U.S. Patent No. 11,711,165 B2 by eliminating the elements and their respective functions of the claims as set forth below.
Claim 3 of Instant application
Claim 3 of U.S. Patent No. 11,711,165 B2
A method for a terminal device that communicates with a base station, the method comprising:
A method for a terminal device that communicates with a base station, the method comprising:
setting bitmap information indicating resource that can be mapped within a predetermined time domain defined by a plurality of symbols, based on first upper layer signaling from the base station device;
setting bitmap information indicating resources that can be mapped within a predetermined time domain defined by a plurality of symbols, based on an upper layer signaling from the base station;
setting resource block information in a frequency direction to which a channel can be mapped, based on a second upper layer signaling from the base station device, the second upper layer signaling being different from the first upper layer signaling;
setting resource block information in a frequency direction to which a channel can be mapped, based on another upper layer signaling from the base station (thus, the another upper layer signaling is different from the upper layer signaling for setting bitmap information, i.e. allocating different information);
receiving the channel which indicates a mapping mode, from the base station device; and set a first mode or a second mode of the mapping mode,
setting a mapping mode based on a physical layer signaling from the base station; and receiving the channel in a first mode or a second mode based on the mapping mode,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
NONE
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein a schedule timing in the first mode is performed in units of the predetermined time domain, and a schedule timing in the second mode is performed in units of the symbol.
wherein a schedule timing in the first mode is performed in units of the predetermined time domain, and a schedule timing in the second mode is performed in units of the symbol.
In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 3 of the instant application merely broadens the scope of the claim 3 of the U.S. Patent No. 11,711,165 B2 by eliminating the limitation 6 of U.S. Patent No. 11,711,165 B2’s claim 3.
Regarding claim 4, U.S. Patent No. 11,711,165 B2 further claims wherein the bitmap information is used for PDCCH monitoring (see claim 4).
Regarding claim 5, although the claims at issue are not identical, they are not patentably distinct from each other because claim 5 of the instant application merely broadens the scope of the claim 5 of the U.S. Patent No. 11,711,165 B2 by eliminating the elements and their respective functions of the claims as set forth below.
Claim 5 of Instant application
Claim 11 of U.S. Patent No. 11,711,165 B2
A base station that communicates with a terminal device, the base station comprising: circuitry configured to
A base station that communicates with a terminal device, the base station comprising: circuitry configured to
transmit a first upper layer signaling to the terminal device, the upper layer signaling being used to set bitmap information at the terminal device, the bitmap information indicating resource that can be mapped within a predetermined time domain defined by a plurality of symbols;
transmit an upper layer signaling to the terminal device, the upper layer signaling being used to set bitmap information at the terminal device, the bitmap information indicating resources that can be mapped within a predetermined time domain defined by a plurality of symbols;
transmit a second upper layer signaling to the terminal device, the second upper layer signaling being used to set resource block information, at the terminal device, in a frequency direction to which a channel can be mapped, the second upper layer signaling being different from the first upper layer signaling; and
transmit another upper layer signaling to the terminal device, the other upper layer signaling being used to set resource block information, at the terminal device, in a frequency direction to which a channel can be mapped (thus, the another upper layer signaling is different from the upper layer signaling for setting bitmap information, i.e. allocating different information); and
transmit a physical layer signaling to the terminal device, the terminal device receiving the channel which indicates a mapping mode and setting a first mode or a second mode of the mapping mode,
transmit a physical layer signaling to the terminal device, the physical layer signaling being used to set a mapping mode at the terminal device, the terminal device receiving the channel in a first mode or a second mode based on the mapping mode,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein a schedule timing in the first mode is performed in units of the predetermined time domain, and a schedule timing in the second mode is performed in units of the symbol.
wherein a schedule timing in the first mode is performed on a basis of the predetermined time domain, and a schedule timing in the second mode is performed on a basis of the symbol.
In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 5 of the instant application merely broadens the scope of the claim 5 of the U.S. Patent No. 11,711,165 B2 by eliminating the limitation 6 of U.S. Patent No. 11,711,165 B2’s claim 5.
Regarding claim 6, U.S. Patent No. 11,711,165 B2 further claims wherein the bitmap information is used for PDCCH monitoring (see claim 6).
Regarding claim 7, although the claims at issue are not identical, they are not patentably distinct from each other because claim 7 of the instant application merely broadens the scope of the claim 7 of the U.S. Patent No. 11,711,165 B2 by eliminating the elements and their respective functions of the claims as set forth below.
Claim 7 of Instant application
Claim 7 of U.S. Patent No. 11,711,165 B2
A method for a base station that communicates with a terminal device, the method comprising:
A method for a base station that communicates with a terminal device, the method comprising:
transmitting a first upper layer signaling to the terminal device, the upper layer signaling being used to set bitmap information at the terminal device, the bitmap information indicating resource that can be mapped within a predetermined time domain defined by a plurality of symbols;
transmitting an upper layer signaling to the terminal device, the upper layer signaling being used to set bitmap information at the terminal device, the bitmap information indicating resources that can be mapped within a predetermined time domain defined by a plurality of symbols;
transmitting a second upper layer signaling to the terminal device, the second upper layer signaling being used to set resource block information, at the terminal device, in a frequency direction to which a channel can be mapped, the second upper layer signaling being different from the first upper layer signaling; and
transmitting another upper layer signaling to the terminal device, the other upper layer signaling being used to set resource block information, at the terminal device, in a frequency direction to which a channel can be mapped (thus, the another upper layer signaling is different from the upper layer signaling for setting bitmap information, i.e. allocating different information); and
transmitting a physical layer signaling to the terminal device, the terminal device receiving the channel which indicates a mapping mode and setting a first mode or a second mode of the mapping mode,
transmitting a physical layer signaling to the terminal device, the physical layer signaling being used to set a mapping mode at the terminal device, the terminal device receiving the channel in a first mode or a second mode based on the mapping mode,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the channel is mapped to at least one of one or more channel candidates within the resource which is determined based on the bitmap information and the resource block information,
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein the bitmap information indicates whether or not the channel candidate is included in the resource of the time domain corresponding to each bit,
wherein a schedule timing in the first mode is performed in units of the predetermined time domain, and a schedule timing in the second mode is performed in units of the symbol.
wherein a schedule timing in the first mode is performed on a basis of the predetermined time domain, and a schedule timing in the second mode is performed on a basis of the symbol.
In view of the above, it is clear that the conflicting claims are not patentably distinct from each other because claim 7 of the instant application merely broadens the scope of the claim 7 of the U.S. Patent No. 11,711,165 B2 by eliminating the limitation 6 of U.S. Patent No. 11,711,165 B2’s claim 7.
Regarding claim 8, U.S. Patent No. 11,711,165 B2 further claims wherein the bitmap information is used for PDCCH monitoring (see claim 8).
It has been held that the omission an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex parte Rainu, 168 USPQ 375 (Bd.App.1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art. Moreover, the doctrine of double patenting seeks to prevent the unjustified extension of patent exclusivity beyond the term of a patent.
Allowable Subject Matter
Claims 1-8 would be allowable if rewritten or amended to overcome the rejection(s) under the nonstatutory double patenting set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2013/0188558 A1 discloses a higher layer signaling configures a UE with multiple E-PDCCH PRB set for monitoring (see paragraphs [95-101]).
US 2019/0223204 A1 discloses setting bitmap information (see paragraphs [174, 183-186]), setting resource block information (see paragraphs [202]) and monitoring control channel in sTTI mapping mode (paragraph [179]).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG B. HUYNH whose telephone number is (571)270-7642. The examiner can normally be reached M-F 9:00 AM - 6:00 PM.
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/DUNG B HUYNH/Primary Examiner, Art Unit 2469 March 7, 2026