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 .
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. CHINA PCT/CN2023/08896, filed on 04/18/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/23/2024, 04/03/2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
This office action is in response to Preliminary amendment filed 10/23/2024.
Claims 1-10, 11-20 are pending.
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 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. : US 12634954. Although the claims at issue are not identical, they are not patentably distinct from each other because
Claim 1 of the application serial number 18/859,532
Claim 1 of U.S. Patent No. : US 12634954
A method, comprising:
A method, comprising:
receiving, by a processor of an apparatus, a downlink control information (DCI) indicating a scheduling of a plurality of cells from a network node of a wireless network,
receiving, by a processor of an apparatus, a downlink control information (DCI) scheduling a plurality of cells from a network node of a wireless network,
wherein the DCI comprises a first DCI, a second DCI, or a third DCI, the first DCI corresponds to a one-segment DCI structure, and the second DCI and the third DCI correspond to a two-segment DCI structure;
wherein the DCI comprises at least one of a first DCI, a second DCI and a third DCI, the first DCI corresponds to a one-segment DCI structure, and the second DCI and the third DCI correspond to a two-segment DCI structure;
performing, by the processor, a physical downlink shared channel (PDSCH) reception or a physical uplink shared channel (PUSCH) transmission with at least one of the plurality of cells based on the DCI,
performing, by the processor, a physical downlink shared channel (PDSCH) reception or a physical uplink shared channel (PUSCH) transmission with at least one of the plurality of cells based on the DCI,
wherein the first DCI comprises a common bit field and a plurality of designated bit fields corresponding to the plurality of cells, the second DCI comprises the common bit field and a first part of the designated bit fields corresponding to at least one of the plurality of cells, and the third DCI comprises a second part of the designated bit fields corresponding to at least one of the plurality of cells.
wherein the first DCI comprises a common bit field and a plurality of designated bit fields corresponding to the plurality of cells, the second DCI comprises the common bit field and a first part of the designated bit fields corresponding to at least one of the plurality of cells, and the third DCI comprises a second part of the designated bit fields corresponding to at least one of the plurality of cells,
Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. : US 12634954. Although the claims at issue are not identical, they are not patentably distinct from each other because
Claim 11 of the application serial number 18/859,532
Claim 5 of U.S. Patent No. : US 12634954
A method, comprising:
A method, comprising:
configuring, by a processor of a network node, a downlink control information (DCI) indicating a scheduling of a plurality of cells to an apparatus of a wireless network,
receiving, by a processor of an apparatus, a downlink control information (DCI) scheduling a plurality of cells from a network node of a wireless network,
wherein the DCI comprises a first DCI, a second DCI, or a third DCI, the first DCI corresponds to a one-segment DCI structure, and the second DCI and the third DCI correspond to a two-segment DCI structure;
wherein the DCI comprises at least one of a first DCI, a second DCI and a third DCI, the first DCI corresponds to a one-segment DCI structure, and the second DCI and the third DCI correspond to a two-segment DCI structure;
performing, by the processor, a physical downlink shared channel (PDSCH) reception or a physical uplink shared channel (PUSCH) transmission with at least one of the plurality of cells based on the DCI,
performing, by the processor, a physical downlink shared channel (PDSCH) reception or a physical uplink shared channel (PUSCH) transmission with at least one of the plurality of cells based on the DCI,
wherein the first DCI comprises a common bit field and a plurality of designated bit fields corresponding to the plurality of cells, the second DCI comprises the common bit field and a first part of the designated bit fields corresponding to at least one of the plurality of cells, and the third DCI comprises a second part of the designated bit fields corresponding to at least one of the plurality of cells.
wherein the first DCI comprises a common bit field and a plurality of designated bit fields corresponding to the plurality of cells, the second DCI comprises the common bit field and a first part of the designated bit fields corresponding to at least one of the plurality of cells, and the third DCI comprises a second part of the designated bit fields corresponding to at least one of the plurality of cells,
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2-10, 11, 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable Sun et al. ( US 20260006622, hereinafter, Sun’s 622 ) in view of Lee et al. ( US 20210112528, hereinafter, Lee’s 528 )
Regarding to the claim 1, Sun’s 622 teaches a method, comprising:
receiving, by a processor of an apparatus, a downlink control information (DCI) (the single DCI includes multiple DCI fields ) indicating a scheduling of a plurality of cells from a network node of a wireless network ( the single DCI includes multiple DCI fields for indicating required communication parameters. Each DCI field of at least a subset of the multiple DCI fields is either used for every cell of the multiple cells ) [see the Abstract ] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ] , wherein the DCI comprising a first DCI, a second DCI, or a third DCI [see Figure 10 and Figure 11]
wherein the DCI comprises a first DCI (each carrier indicator (CI) fields ) , a second DCI (each carrier indicator (CI) fields ) , or a third DCI, ( [0271] In some embodiments, the single DCI is a result of a concatenation of individual DCIs, each individual DCI corresponding to a different cell of the multiple cells. [0272] In some embodiments, the one or more DCI fields include multiple carrier indicator (CI) fields, where each CI field corresponds to a different single cell of the multiple cells. [0273] In some embodiments, the one or more DCI fields include a single carrier indicator (CI) field that corresponds to every cell of the multiple cells ) [see Paragraphs 0271-0272];
performing, by the processor, a physical downlink shared channel (PDSCH) reception or a physical uplink shared channel (PUSCH) transmission with at least one of the plurality of cells based on the DCI [see Paragraphs 0267, 0268 & 0269 & 0270 & 0271 & 0272 & 0272 ] ,
wherein the first DCI (DCI fields) [see Paragraphs 0251 & 0270 ] comprises a common bit field and a plurality of designated bit fields corresponding to the plurality of cells , the second DCI (DCI fields) [see Paragraphs 0251 & 0270] comprises the common bit field and a first part of the designated bit fields corresponding to at least one of the plurality of cells, and the third DCI (DCI fields) [see Paragraphs 0251 & 0270 ] comprises a second part of the designated bit fields corresponding to at least one of the plurality of cells .
However, Sun’s 622 does not explicitly teach the first DCI corresponds to a one-segment DCI structure, and the second DCI and the third DCI correspond to a two-segment DCI structure;
Lee’s 528, from the same or similar fields of endeavor, teaches wherein the DCI comprises a first DCI, a second DCI, or a third DCI, the first DCI corresponds to a one-segment DCI (one segment DCI ) [see Paragraph 0034] structure, and the second DCI and the third DCI correspond to a two-segment DCI (two segments DCI) [see Paragraphs 0034] structure [also see the paragraphs 0035 & 0036 & 0037 & 0038 & 0040 & 0041 ].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Sun’s 622 in view of Lee’s 528 because Lee’s 528 suggests that at the present time, a single DCI can only be used to schedule a physical data channel on one (e.g., a single) cell. Improvements in the field are desired.
Regarding to the claim 2, Sun’s 622 further teaches receiving, by the processor, a radio resource control (RRC) from the network node to configure which DCI field to be the common bit field and which DCI fields to be the plurality of designated bit fields [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 3, Sun’s 622 further teaches receiving, by the processor, a bitmap, a medium access control (MAC) control element (CE), a fourth DCI, or a pre-determined rule from the network node to configure which DCI field to be the common bit field and which DCI fields to be the plurality of designated bit fields [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 4, Sun’s 622 further teaches wherein the DCI comprises at least one of: an information indicating a type of the one-segment DCI structure or the two-segment DCI structure; an information indicating which cell to be scheduled by the first DCI, the second DCI, or the third DCI; a number of carrier scheduled by the first DCI, the second DCI, or the third DCI; and a matching information between the designated bit fields and the plurality of cells scheduled by the first DCI, the second DCI, or the third DCI [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 5, Sun’s 622 further teaches receiving, by the processor, a second DMRS scrambled physical downlink control channel (PDCCH) from the network node; and determining, by the processor, which cell is scheduled by the third DCI according to the second DMRS [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 6, Sun’s 622 further teaches receiving, by the processor, a second DMRS scrambled physical downlink control channel (PDCCH) from the network node; and determining, by the processor, which cell is scheduled by the third DCI according to the second DMRS [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 7, Sun’s 622 further teaches transmitting, by the processor, a report to the network node, wherein the report indicates a supportable number of cells that can be simultaneously scheduled by at least one of the first DCI, the second DCI, and the third DCI [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 8, Sun’s 622 further teaches receiving, by the processor, a configuration from the wireless network via the network node, wherein the configuration configures a maximum number of cells simultaneously scheduled by at least one of the first DCI, the second DCI, and the third DCI [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 9, Sun’s 622 further teaches determining, by the processor, a preparation time of the PUSCH, wherein the preparation time is initiated after a last symbol of the PDCCH is received by the apparatus, and is determined based on a largest time value among different numerologies of the plurality of cells [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 10, Sun’s 622 further teaches determining, by the processor, a processing time of the PDSCH, wherein the processing time is initiated after a last symbol of the PDSCH is received by the apparatus, and is determined based on a largest time value among different numerologies of the plurality of cells [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 11, Sun’s 622 teaches a method, comprising:
Configuring, by a processor of a network node, a downlink control information (DCI) (the single DCI includes multiple DCI fields ) indicating a scheduling of a plurality of cells to an apparatus of a wireless network ( the single DCI includes multiple DCI fields for indicating required communication parameters. Each DCI field of at least a subset of the multiple DCI fields is either used for every cell of the multiple cells ) [see the Abstract ] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ] , wherein the DCI comprising a first DCI, a second DCI, or a third DCI [see Figure 10 and Figure 11]
wherein the DCI comprises a first DCI (each carrier indicator (CI) fields ) , a second DCI (each carrier indicator (CI) fields ) , or a third DCI, ( [0271] In some embodiments, the single DCI is a result of a concatenation of individual DCIs, each individual DCI corresponding to a different cell of the multiple cells. [0272] In some embodiments, the one or more DCI fields include multiple carrier indicator (CI) fields, where each CI field corresponds to a different single cell of the multiple cells. [0273] In some embodiments, the one or more DCI fields include a single carrier indicator (CI) field that corresponds to every cell of the multiple cells ) [see Paragraphs 0271-0272];
transmitting, by the processor, the DCI to the apparatus to schedule a physical downlink shared channel (PDSCH) reception or a physical uplink shared channel (PUSCH) transmission with at least one of the plurality of cells based on the DCI [see Paragraphs 0267, 0268 & 0269 & 0270 & 0271 & 0272 & 0272 ] ,
wherein the first DCI (DCI fields) [see Paragraphs 0251 & 0270 ] comprises a common bit field and a plurality of designated bit fields corresponding to the plurality of cells , the second DCI (DCI fields) [see Paragraphs 0251 & 0270] comprises the common bit field and a first part of the designated bit fields corresponding to at least one of the plurality of cells, and the third DCI (DCI fields) [see Paragraphs 0251 & 0270 ] comprises a second part of the designated bit fields corresponding to at least one of the plurality of cells .
However, Sun’s 622 does not explicitly teach the first DCI corresponds to a one-segment DCI structure, and the second DCI and the third DCI correspond to a two-segment DCI structure;
Lee’s 528, from the same or similar fields of endeavor, teaches wherein the DCI comprises a first DCI, a second DCI, or a third DCI, the first DCI corresponds to a one-segment DCI (one segment DCI ) [see Paragraph 0034] structure, and the second DCI and the third DCI correspond to a two-segment DCI (two segments DCI) [see Paragraphs 0034] structure [also see the paragraphs 0035 & 0036 & 0037 & 0038 & 0040 & 0041 ].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Sun’s 622 in view of Lee’s 528 because Lee’s 528 suggests that at the present time, a single DCI can only be used to schedule a physical data channel on one (e.g., a single) cell. Improvements in the field are desired.
Regarding to the claim 12, claim 12 is rejected in the same ground, or for the same reason as claim 2, because both claims has the same claim limitations.
Regarding to the claim 13, claim 13 is rejected in the same ground, or for the same reason as claim 3, because both claims has the same claim limitations.
Regarding to the claim 14, claim 14 is rejected in the same ground, or for the same reason as claim 4, because both claims has the same claim limitations.
Regarding to the claim 15, Sun’s 622 further teaches transmitting, by the processor, a first demodulation reference signal (DMRS) scrambled physical downlink control channel (PDCCH) to the apparatus, wherein the first DMRS indicates a number of cells scheduled by at least one of the first DCI, the second DCI, and the third DCI [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 16, Sun’s 622 further teaches transmitting, by the processor, a second DMRS scrambled physical downlink control channel (PDCCH) to the apparatus, wherein the second DMRS indicates which cell is scheduled by the third DCI [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 17, Sun’s 622 further teaches receiving, by the processor, a report from the apparatus, wherein the report indicates a supportable number of cells that can be simultaneously scheduled by at least one of the first DCI, the second DCI, and the third DCI [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 18, Sun’s 622 further teaches transmitting, by the processor, a configuration to the apparatus, wherein the configuration configures a maximum number of cells simultaneously scheduled by at least one of the first DCI, the second DCI, and the third DCI [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Regarding to the claim 19, Sun’s 622 further teaches determining, by the processor, a preparation time of the PUSCH of the apparatus, wherein the preparation time is initiated after a last symbol of the PDCCH is received by the apparatus, and is determined based on a largest time value among different numerologies of the plurality of cells [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ] .
Regarding to the claim 20, Sun’s 622 further teaches determining, by the processor, a processing time of the PDSCH of the apparatus, wherein the processing time is initiated after a last symbol of the PDSCH is received by the apparatus, and is determined based on a largest time value among different numerologies of the plurality of cells [see paragraphs 0270-276] [also see the paragraphs 0208 & 0234 & 0218 & 0269 & 0171 & 0173 & 0176 ].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUONG T HO whose telephone number is (571)272-3133. The examiner can normally be reached 7:30-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHUONG T HO/Examiner, Art Unit 2412
Prosecution Insights