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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted is being considered by the examiner.
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.
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Claims 1, 4-6, 12-16, 19-20, 26-29, 32-35 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 8-11, 13-15, 17-18, 22, 25, 28-31 of copending Application No. 18859400 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of following:
Copending Application
Application
1. A method for receiving configuration information, performed by a user equipment (UE), comprising:
receiving first configuration information, wherein the first configuration information is configured to configure N search space (SS) sets with a link relationship, the N SS sets with the link relationship correspond to physical downlink control channel (PDCCH) candidates, respectively, and the PDCCH candidate is configured to for PDCCH transmission, where N is an integer greater than 1.
2. The method of claim 1, further comprising: receiving first indication information for indicating N transmission configuration indication (TCI) state sets; and monitoring the PDCCH on the PDCCH candidate based on the N TCI state sets.
1. A channel transmission method, performed by a terminal, comprising:
receiving first configuration information, wherein the first configuration information is used to configure N search space sets having a link relationship, each of the N search space sets corresponds to one physical downlink control channel (PDCCH) candidate, the N PDCCH candidates are used for reception of one PDCCH, and N is an integer greater than 1; and
receiving indication information, wherein in response to the indication information indicating one set of transmission configuration indication (TCI) states, the one set of TCI states is used for one PDCCH candidate among the N PDCCH candidates.
With respect to the difference between the Application and the Copending, it have been held that the omission of the 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 Raine, 168 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not need would be obvious to one skill in the art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4-6, 12-16, 19-20, 26-29, 32-35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the N PDCCH candidates" in line 6. There is insufficient antecedent basis for this limitation in the claim. Same rejection for claims 16, 32-35
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4, 6, 12, 14-16, 19, 26, 28-29, 32-35 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Moon et al. (Pub. No. 20210360667).
- With respect to claims 1, 16, 32-35, Moon teaches a channel transmission method, performed by a terminal, comprising: receiving first configuration information, wherein the first configuration information is used to configure N search space sets having a link relationship, each of the N search space sets corresponds to one physical downlink control channel (PDCCH) candidate, the N PDCCH candidates are used for reception of one PDCCH, and N is an integer greater than 1 (e.g. par. 6 discloses “receiving configuration information of a resource set for a physical downlink control channel (PDCCH) monitoring operation from a base station… wherein the resource set includes a first search space and a second search space for PDCCH”; par. 9); and receiving indication information, wherein in response to the indication information indicating one set of transmission configuration indication (TCI) states, the one set of TCI states is used for one PDCCH candidate among the N PDCCH candidates (see par. 94 discloses terminal perform PDCCH monitoring based on the TCI; par. 153).
- With respect to claims 4, 19, Moon teaches receiving second configuration information, wherein the second configuration information is used to indicate a correspondence relationship between the one set of TCI states and one PDCCH candidate; or determining one PDCCH candidate corresponding to the one set of TCI states from the N PDCCH candidates based on a default mapping relationship (see par. 153).
- With respect to claim 6, Moon teaches determining a reference PDCCH candidate from the N PDCCH candidates; and determining a transmission time domain parameter based on the reference PDCCH candidate, or determining a transmission frequency domain resource based on the reference PDCCH candidate (e.g. par. 84, 121 discloses “The symbols constituting one CORESET may be consecutive in the time domain. The PRBs constituting one CORESET may be consecutive or non-consecutive in the frequency domain”).
- With respect to claims 12, 26, Moon teaches wherein the indication information comprises first indication information, and the first indication information is used to indicate the one set of TCI states (see par. 9, 21) or a plurality of sets of TCI states; and wherein the first indication information comprises medium access control element (MAC CE) signaling (see par. 94, 143) or, the first indication information comprises MAC CE signaling and downlink control information (DCI).
- With respect to claims 14, 28, Moon teaches wherein: the one set of TCI states comprises one joint TCI state; the one set of TCI states comprises one downlink TCI state (e.g. the PDSCH base on the TCI state in par. 9; par. 96 and Fig. 7); the one set of TCI states comprises one uplink TCI state; or the one set of TCI states comprises one uplink TCI state and one downlink TCI state.
- With respect to claims 15, 29, Moon teaches wherein the one set of TCI states indicated by the indication information is used for transmission of at least two types of channels and/or signals, including a PDCCH, and the signal comprises at least one of a channel state information reference signal (CSI-RS) or a sounding reference signal (SRS) (see par. 96 discloses “the base station may configure a TCI state for reception of physical signals and channels (e.g., PDCCH, PDSCH, CSI-RS, PUCCH, PUSCH, SRS, PRACH, etc.) of the terminal to the terminal based on the measurement information of the beam quality received from the terminal.”).
Allowable Subject Matter
Claims 5,13,20,27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUC H TRAN whose telephone number is (571)272-3172. The examiner can normally be reached M-F 8-5 Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy K. Kundu can be reached at 571-272-8586. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUC H TRAN/Primary Examiner, Art Unit 2471
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