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 .
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, 18, 29, and 30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,568,391. Although the claims at issue are not identical, they are not patentably distinct from each other because while the outstanding application further states the channel state information is compressed in the frequency domain, this feature alone is insufficient to distinguish the outstanding claimed invention as separate and distinct from the invention disclosed in U.S. Patent No. 12,568,391.
Application No. 19/879,957 Claim 1
U.S. Patent No. 12,568,391 Claim 1
A user equipment (UE) for wireless communication, comprising: a memory; and one or more processors, coupled to the memory, configured to:
A user equipment (UE) for wireless communication, comprising: a memory; and one or more processors, coupled to the memory, configured to:
identify channel information based at least in part on a set of channel state information reference signals (CSI-RSs),
receive one or more channel state information (CSI)-reference signals (RSs);
generate compressed channel state information (CSI) using a neural network model, wherein an input of the neural network model is based at least in part on the channel information, and
transmit a compressed CSI report that comprises an indication of a plurality of channel metrics, an indication of a channel metric of the plurality of channel metrics comprising a compressed output of a machine learning model having an input as the channel metric
wherein the compressed CSI is compressed in a frequency domain; and
transmit the compressed CSI.
“transmit a compressed CSI report” (see above)
Claims 18, 29, and 30 are similarly unpatentable over claim 1 of U.S. Patent No. 12,568,391 as being drawn to a corresponding network node and receiving method.
Claim Rejections - 35 USC § 102
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 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, 18, 29, and 30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (2026/0172089) [Wang].
Regarding claims 1, 18, 29, and 30, Wang discloses a user equipment (UE) for wireless communication, comprising: a memory; and one or more processors, coupled to the memory, configured to (fig. 1 terminal device 110):
identify channel information based at least in part on a set of channel state information reference signals (CSI-RSs) (fig. 7 step 710),
generate compressed channel state information (CSI) using a neural network model, wherein an input of the neural network model is based at least in part on the channel information (fig. 7 step 720), and
wherein the compressed CSI is compressed in a frequency domain (transmitted over a network, fig. 8 step 820); and
transmit the compressed CSI (paragraph 0068).
Allowable Subject Matter
Claims 2-17 and 19-28 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. The prior art generally teaches using a machine learning model to perform channel state information compression, but omits the necessary detail regarding how the process is performed. The claimed invention will be in condition for allowance upon incorporating at least one distinguishing technical detail found in the dependent claims that specifies how the invention operates. Art was found that similarly teaches applicant’s invention (see for example USPGPUB 2023/0319789 to Park et al. or USPGPUB 2026/0025688 to Zhang et al.), however said art was not available prior art applicant’s effective filing date of August 11, 2022.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC D SALTARELLI whose telephone number is (571)272-7302. The examiner can normally be reached 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Flynn can be reached at (571) 272-1915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOMINIC D SALTARELLI/ Primary Examiner, Art Unit 2421
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