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 .
DETAILED ACTION
Drawings
The drawings are objected to because the letterings, lines are poor or not legible for figures 6-7, and 13. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 1-6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-6 of copending Application No. 18/853281 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because one skill in the art would recognize that the scope of the instant claims are within the scope of the copending claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1-6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-5 of copending Application No. 18/853320 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because one skill in the art would recognize that the scope of the instant claims are within the scope of the copending claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TAKEDA et al. (US 2022/0322388 A1), hereinafter TAKEDA.
Regarding claim 1, TAKEDA discloses a terminal comprising:
a transmission unit configured to report, to a base station, information related to a band for use in a transmission switching scheme as capability information, in the transmission switching scheme in which at least one antenna port of a plurality of antenna ports can switch bands across two or more bands and the plurality of antenna ports in total switch bands for transmission across three or more bands (the UE 115 transmit capability message 380 that indicates a first set of bands and a second set of bands, see ¶ 0012, figure 3; capability information 320 indicates a maximum total number of Tx chains or a maximum total number of antenna ports in a set of bands, a maximum number of Tx chains or a maximum number of antenna ports in a set of bands, or a combination thereof. Additionally, or alternatively, capability information 320 indicates one or more fixed Tx chains or one or more fixed antenna ports in a set of bands, one or more distributable Tx chains or one or more distributable antenna ports in a set of bands, or a combination thereof, see ¶ 0071); and
a reception unit configured to receive, from the base station, information for determining one state among a plurality of states in a case where there are the plurality of states that are transmission destination candidates when transitioning from a certain state related to a plurality of antenna ports to another state due to band switching (state information 326 may indicate a configuration of transmitter 316. For example, state information 326 may indicate a current configuration of one or more Tx chains, one or more ports, or a combination thereof, see ¶ 0072).
Regarding claim 2, TAKEDA discloses the reception unit receives, as the information for determining the one state, a maximum number of antenna ports that can be used for transmission by one band, or a pair of a state before transition and a state after transition (capability information 320 indicates a maximum total number of Tx chains or a maximum total number of antenna ports in a set of bands, a maximum number of Tx chains or a maximum number of antenna ports in a set of bands, or a combination thereof, see ¶ 0071).
Regarding claim 3, TAKEDA discloses the reception unit reports, to the base station, a number of carriers supported by a band for use in the transmission switching scheme (Capability information 320 includes or indicates a first set of bands 321, a second set of bands 322, and a switching time 324. First set of bands 321 may include a first band pair or a first group of one or more bands. Second set of bands 322 may include a second band pair or a second group of one or more bands. In some implementations, first set of bands 321 may include a first band, a first carrier of a second band, a first subcarrier of a third band, or a combination thereof. Accordingly, first set of bands 321 may include a combination of one or more bands, one or more carriers of one or more bands, one or more bandwidth parts (BWPs) of one or more bands, one or more subcarriers of one or more bands, or a combination thereof. Additionally, or alternatively, second set of bands 322 may include a fourth band, a second carrier of a fifth band, a second subcarrier of a sixth band, or a combination thereof, see ¶ 0069).
Regarding claim 4, TAKEDA discloses the transmission unit reports information related to whether or not a downlink carrier is necessary in a band for use in the transmission switching scheme (UE 115 receives DCI 386 and, based on DCI 386, determines the new configuration, schedule information, or a combination thereof. In some implementations, the new configuration includes a configuration to use second set of bands 322, the schedule information indicates to transmit one or more UL messages via second set of bands 322, or a combination thereof. Based on DCI 386, UE 115 may store or update schedule information 328, switch from a first uplink communication configuration (for first set of bands 321) to a second uplink configuration (for second set of bands 322), see ¶ 0085).
Regarding claim 5, TAKEDA discloses a base station (base station 105, see figure 3) comprising:
a reception unit configured to receive, from a terminal, information related to a band for use in a transmission switching scheme as capability information, in the transmission switching scheme in which at least one antenna port of a plurality of antenna ports can switch bands across two or more bands and the plurality of antenna ports in t total switch bands for transmission across three or more bands (the UE 115 transmit capability message 380 that indicates a first set of bands and a second set of bands, see ¶ 0012, figure 3; capability information 320 indicates a maximum total number of Tx chains or a maximum total number of antenna ports in a set of bands, a maximum number of Tx chains or a maximum number of antenna ports in a set of bands, or a combination thereof. Additionally, or alternatively, capability information 320 indicates one or more fixed Tx chains or one or more fixed antenna ports in a set of bands, one or more distributable Tx chains or one or more distributable antenna ports in a set of bands, or a combination thereof, see ¶ 0071); and
a transmission unit configured to transmit, to the terminal, information for determining one state among a plurality of states in a case where there are the plurality of states that are transmission destination candidates when transitioning from a certain state related to a plurality of antenna ports to another state due to band switching (state information 326 may indicate a configuration of transmitter 316. For example, state information 326 may indicate a current configuration of one or more Tx chains, one or more ports, or a combination thereof, see ¶ 0072).
Regarding claim 6, TAKEDA discloses a communication method executed by a terminal (UE 115, see figure 3), the communication method comprising:
reporting, to a base station, information related to a band for use in a transmission switching scheme as capability information, in the transmission switching scheme in which at least one antenna port of a plurality of antenna ports can switch bands across two or more bands and the plurality of antenna ports in total switch bands for transmission across three or more bands (the UE 115 transmit capability message 380 that indicates a first set of bands and a second set of bands, see ¶ 0012, figure 3; capability information 320 indicates a maximum total number of Tx chains or a maximum total number of antenna ports in a set of bands, a maximum number of Tx chains or a maximum number of antenna ports in a set of bands, or a combination thereof. Additionally, or alternatively, capability information 320 indicates one or more fixed Tx chains or one or more fixed antenna ports in a set of bands, one or more distributable Tx chains or one or more distributable antenna ports in a set of bands, or a combination thereof, see ¶ 0071); and
receiving, from the base station, information for determining one state among a plurality of states in a case where there are the plurality of states that are transmission destination candidates when transitioning from a certain state related to a plurality of antenna ports to another state due to band switching (state information 326 may indicate a configuration of transmitter 316. For example, state information 326 may indicate a current configuration of one or more Tx chains, one or more ports, or a combination thereof, see ¶ 0072).
Conclusion
Any response to this action should be mailed to:
The following address mail to be delivered by the United States Postal Service (USPS) only:
Mail Stop _____________
Commissioner for Patents
P. O. Box 1450
Alexandria, VA 22313-1450
or faxed to:
(571) 273-8300, (for formal communications intended for entry)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob A. Phunkulh whose telephone number is (571) 272-3083. The examiner can normally be reached on Monday-Thursday from 8:00 A.M. to 5:00 P.M. (first week of the bi-week) and Monday-Friday (for second week of the bi-week).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor CHARLES C. JIANG can be reach on (571) 270-7191.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/BOB A PHUNKULH/Primary Examiner, Art Unit 2412
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