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 .
Priority
2. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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. 16/088,567, filed on September 26, 2018.
Information Disclosure Statement
3. The information disclosure statement submitted on September 13, 2024, September 25, 2025, and June 1, 2026 have been considered by the Examiner and made of record in the application file.
Double Patenting
4. 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 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-17 of copending Application No. 17/340,193 (U.S. Patent # 11,818,693 B2)(hereinafter refer as Shimezawa et al. of ‘693 B2).
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the "same invention" as the first application or patent.
Regarding claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of copending application Shimezawa et al. of ‘693 B2.
Claim 1 of the Instant Application
Claim 1 of Shimezawa et al. of ‘693 B2
Limitation 1: a transceiver; and
Limitation 1: a transceiver; and
Limitation 2: a processing circuitry configured to control the transceiver to
Limitation 2: a processing circuitry coupled to the transceiver, the processing circuitry being configured to:
Limitation 3: receive a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) on predetermined resources in a New Radio (NR) cell,
Limitation 3: receive by Radio Resource Control (RRC) signaling: first information indicating a parameter set regarding a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) in a New Radio (NR) cell,
Limitation 4: wherein a subcarrier spacing for the SS and the PBCH is predefined for the predetermined resources where the SS and PBCH are received,
Limitation 4: wherein the parameter set regarding the SS and the PBCH comprises a subcarrier spacing common to the SS and the PBCH, and
second information indicating a predetermined starting resource of a plurality of resources in the NR cell that are successive in a frequency direction,
wherein the SS and the PBCH are transmitted in the successive plurality of resources in the NR cell; and
receive the SS and the PBCH in the NR cell based on the first information and the second information,
Limitation 5: wherein the processing circuitry is further configured to control the transceiver to receive first information indicating a starting predetermined resource of the predetermined resources where the SS and PBCH are received,
Limitation 6: wherein the predetermined resources are successive in a frequency direction and are expressed as a number of multiple subcarriers in the frequency direction,
Limitation 5: wherein the plurality of resources in the NR cell that are successive in the frequency direction where the SS and the PBCH are transmitted are successive resources decided based on the predetermined starting resource and are expressed as a number of multiple subcarriers in the frequency direction, and
Limitation 7: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Limitation 6: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Regarding claim 8 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 4 of copending application Shimezawa et al. of ‘693 B2.
Claim 8 of the Instant Application
Claim 4 of Shimezawa et al. of ‘693 B2
Limitation 1: a transceiver; and
Limitation 1: a transceiver; and
Limitation 2: a processing circuitry configured to control the transceiver to
Limitation 2: a processing circuitry coupled to the transceiver, the processing circuitry being configured to:
Limitation 3: transmit a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) on predetermined resources in a New Radio (NR) cell,
Limitation 4: transmit the SS and the PBCH in the NR cell based on the first information and the second information,
Limitation 4: wherein a subcarrier spacing for the SS and the PBCH is predefined for the predetermined resources where the SS and PBCH are transmitted,
Limitation 3: provide, by Radio Resource Control (RRC) signaling: first information indicating a parameter set regarding a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) in a New Radio (NR) cell,
wherein the parameter set regarding the SS and the PBCH comprises a subcarrier spacing common to the SS and the PBCH, and
second information indicating a predetermined starting resource of a plurality of resources in the NR cell that are successive in a frequency direction,
wherein the SS and the PBCH are transmitted in the successive plurality of resources in the NR cell; and
Limitation 5: wherein the processing circuitry is further configured to control the transceiver to provide first information indicating a starting predetermined resource of the predetermined resources where the SS and PBCH are transmitted,
Limitation 6: wherein the predetermined resources are successive in a frequency direction and are expressed as a number of multiple subcarriers in the frequency direction,
Limitation 5: wherein the plurality of resources in the NR cell that are successive in the frequency direction where the SS and the PBCH are transmitted are successive resources decided based on the predetermined starting resource and are expressed as a number of multiple subcarriers in the frequency direction, and
Limitation 7: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Limitation 6: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Regarding claim 15 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 15 of copending application Shimezawa et al. of ‘693 B2.
Claim 15 of the Instant Application
Claim 15 of Shimezawa et al. of ‘693 B2
Limitation 1: a processing circuitry configured to control a radio transceiver to
Limitation 1: a circuitry configured to control a transceiver to:
Limitation 2: receive a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) on predetermined resources in a New Radio (NR) cell,
Limitation 2: receive by Radio Resource Control (RRC) signaling: first information indicating a parameter set regarding a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) in a New Radio (NR) cell,
Limitation 3: wherein a subcarrier spacing for the SS and the PBCH is predefined for the predetermined resources where the SS and PBCH are received,
Limitation 3: wherein the parameter set regarding the SS and the PBCH comprises a subcarrier spacing common to the SS and the PBCH, and
second information indicating a predetermined starting resource of a plurality of resources in the NR cell that are successive in a frequency direction,
wherein the SS and the PBCH are transmitted in the successive plurality of resources in the NR cell; and
receive the SS and the PBCH in the NR cell based on the first information and the second information,
Limitation 4: wherein the processing circuitry is further configured to control the transceiver to receive first information indicating a starting predetermined resource of the predetermined resources where the SS and PBCH are received,
Limitation 5: wherein the predetermined resources are successive in a frequency direction and are expressed as a number of multiple subcarriers in the frequency direction,
Limitation 4: wherein the plurality of resources in the NR cell that are successive direction in the frequency direction where the SS and the PBCH are transmitted in the NR cell are successive resources decided based on the predetermined starting resource and are expressed as the number of multiple subcarriers in the frequency direction, and
Limitation 6: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Limitation 5: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Regarding claim 18 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 8 of copending application Shimezawa et al. of ‘693 B2.
Claim 18 of the Instant Application
Claim 8 of Shimezawa et al. of ‘693 B2
Limitation 1: receiving a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) on predetermined resources in a New Radio (NR) cell,
Limitation 1: receiving by Radio Resource Control (RRC) signaling: first information indicating a parameter set regarding a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) in a New Radio (NR) cell,
Limitation 2: wherein a subcarrier spacing for the SS and the PBCH is predefined for the predetermined resources where the SS and PBCH are received,
Limitation 2: wherein the parameter set regarding the SS and the PBCH comprises a subcarrier spacing common to the SS and the PBCH, and
second information indicating a predetermined starting resource of a plurality of resources in the NR cell that are successive in a frequency direction,
wherein the SS and the PBCH are transmitted in the successive plurality of resources in the NR cell; and
receiving the SS and the PBCH in the NR cell based on the first information and the second information,
Limitation 3: wherein the method further comprises receiving first information indicating a starting predetermined resource of the predetermined resources where the SS and PBCH are received,
Limitation 4: wherein the predetermined resources are successive in a frequency direction and are expressed as a number of multiple subcarriers in the frequency direction,
Limitation 3: wherein the plurality of resources in the NR cell that are successive in the frequency direction where the SS and the PBCH are transmitted are successive resources decided based on the predetermined starting resource and are expressed as a number of multiple subcarriers in the frequency direction, and
Limitation 5: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Limitation 4: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Regarding claim 19 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 11 of copending application Shimezawa et al. of ‘693 B2.
Claim 19 of the Instant Application
Claim 11 of Shimezawa et al. of ‘693 B2
Limitation 1: transmitting a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) on predetermined resources in a New Radio (NR) cell,
Limitation 1: transmit the SS and the PBCH in the NR cell based on the first information and the second information,
Limitation 2: wherein a subcarrier spacing for the SS and the PBCH is predefined for the predetermined resources where the SS and PBCH are transmitted,
Limitation 2: provide, by Radio Resource Control (RRC) signaling: first information indicating a parameter set regarding a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) in a New Radio (NR) cell,
wherein the parameter set regarding the SS and the PBCH comprises a subcarrier spacing common to the SS and the PBCH, and
second information indicating a predetermined starting resource of a plurality of resources in the NR cell that are successive in a frequency direction,
wherein the SS and the PBCH are transmitted in the successive plurality of resources in the NR cell; and
Limitation 3: wherein the method further comprises providing first information indicating a starting predetermined resource of the predetermined resources where the SS and PBCH are transmitted,
Limitation 4: wherein the predetermined resources are successive in a frequency direction and are expressed as a number of multiple subcarriers in the frequency direction,
Limitation 3: wherein the plurality of resources in the NR cell that are successive in the frequency direction where the SS and the PBCH are transmitted are successive resources decided based on the predetermined starting resource and are expressed as a number of multiple subcarriers in the frequency direction, and
Limitation 5: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Limitation 4: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Regarding claim 20 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 15 of copending application Shimezawa et al. of ‘693 B2.
Claim 20 of the Instant Application
Claim 15 of Shimezawa et al. of ‘693 B2
Limitation 1: receiving a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) on predetermined resources in a New Radio (NR) cell,
Limitation 1: a circuitry configured to control a transceiver to:
Limitation 2: receive by Radio Resource Control (RRC) signaling: first information indicating a parameter set regarding a Synchronization Signal (SS) and Physical Broadcast Channel (PBCH) in a New Radio (NR) cell,
Limitation 2: wherein a subcarrier spacing for the SS and the PBCH is predefined for the predetermined resources where the SS and PBCH are received,
Limitation 3: wherein the parameter set regarding the SS and the PBCH comprises a subcarrier spacing common to the SS and the PBCH, and
second information indicating a predetermined starting resource of a plurality of resources in the NR cell that are successive in a frequency direction,
wherein the SS and the PBCH are transmitted in the successive plurality of resources in the NR cell; and
receive the SS and the PBCH in the NR cell based on the first information and the second information,
Limitation 3: wherein the method further comprises receiving first information indicating a starting predetermined resource of the predetermined resources where the SS and PBCH are received,
Limitation 4: wherein the predetermined resources are successive in a frequency direction and are expressed as a number of multiple subcarriers in the frequency direction,
Limitation 5: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Limitation 5: wherein the SS includes a Primary Synchronization signal (PSS) and a Secondary Synchronization Signal (SSS).
Limitation 4: wherein the plurality of resources in the NR cell that are successive direction in the frequency direction where the SS and the PBCH are transmitted in the NR cell are successive resources decided based on the predetermined starting resource and are expressed as the number of multiple subcarriers in the frequency direction, and
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Higuchi et al. (U.S. Patent Application Publication # 2011/0216844 A1) teach “The synchronization channel may be mapped in the frequency direction at intervals each wider than a sub-carrier spacing.”(Paragraph [0038])
Li et al. (U.S. Patent Application Publication # 2019/0124637 A1) teach “a synchronization channel whose time-frequency location is corresponding to the frame structure with a subcarrier spacing of 15 KHz and a normal CP is referred to as a legacy synchronization channel.”(Paragraph [0094])
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Commissioner for Patents
P.O. Box 1450
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Any inquiry concerning this communication or early communications from the Examiner should be directed to Salvador E. Rivas whose telephone number is (571) 270-1784. The examiner can normally be reached on Monday-Friday from 7:00AM to 3:30PM.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Un C. Cho can be reached on (571) 272- 7919. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/SALVADOR E RIVAS/Primary Examiner, Art Unit 2413
June 18, 2026
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