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 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 10903935 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the currently claimed processes of a base station are disclosed by the conflicting claims, see comparison in chart below:
Instant claims:
Conflicting claims:
1. An integrated circuit configured to control a base station to execute a process, the process comprising: transmitting, in a subframe n.sub.Trigger, a trigger message that triggers a user equipment to report channel state information (CSI) for at least one of a plurality of downlink component carriers based on reference signals present on the at least one of the plurality of downlink component carriers; and receiving, in a subframe n.sub.Report later than n.sub.Trigger, the CSI from the user equipment, wherein the reference signals are present in a subframe n.sub.RS on the at least one of the plurality of downlink component carriers, where n.sub.RS is indicated by means of higher layer signaling, and wherein the CSI includes: a wideband channel quality indicator (CQI) value per codeword, which is calculated assuming use of a single precoding matrix in all sub-bands and downlink transmission on a set of sub-bands (S); and a selected single precoding matrix indicator (PMI), or a first and second PMI corresponding to the selected single PMI, wherein the single PMI is selected from a codebook subset assuming downlink transmission on the set of sub-bands (S), and wherein the PMI and the CQI values are calculated conditioned on a reported rank indicator (RI) or are calculated conditioned on RI=1.
1. A method performed by a base station, the method comprising: transmitting, to a user equipment, a trigger message which triggers a reporting of channel state information (CSI) for at least one of a plurality of downlink component carriers, the trigger message being transmitted in a subframe n.sub.Trigger; and receiving, from the user equipment, the triggered CSI for the at least one of the plurality of downlink component carriers based on reference signals present on the at least one of the plurality of downlink component carriers, in a subframe n.sub.Report later than n.sub.Trigger, wherein the reference signals, on the basis of which the CSI is to be reported, are present in a subframe n.sub.RS on the at least one of the plurality of downlink component carriers, where n.sub.RS is indicated by means of higher layer signaling, and wherein the triggered CSI includes: a wideband channel quality indicator (CQI) value per codeword, which is calculated assuming use of a single precoding matrix in all sub-bands and downlink transmission on a set of sub-bands (S); and a selected single precoding matrix indicator (PMI), or a first and second PMI corresponding to the selected single PMI, wherein the single PMI is selected from a codebook subset assuming downlink transmission on the set of sub-bands (S), and wherein the reported PMI and the reported CQI values are calculated conditioned on a reported rank indicator (RI) or are calculated conditioned on RI=1.
2. The integrated circuit according to claim 1, wherein the trigger message is transmitted in a downlink control information (DCI) format.
2. The method according to claim 1, wherein the trigger message is transmitted in a downlink control information (DCI) format.
3. The integrated circuit according to claim 1, wherein the CSI is received aperiodically.
3. The method according to claim 1, wherein the triggered CSI is received aperiodically from the user equipment.
4. The integrated circuit according to claim 1, wherein the trigger message is transmitted in the subframe n.sub.Trigger on another one of the plurality of downlink component carriers, which is different from the at least one of the plurality of downlink component carriers for which the CSI reporting is triggered.
4. The method according to claim 1, wherein the trigger message is transmitted in the subframe n.sub.Trigger on another one of the plurality of downlink component carriers, which is different from the at least one of the plurality of downlink component carriers for which the reporting is triggered.
5. The integrated circuit according to claim 1, wherein the trigger message indicates that the reference signals are present in the set of sub-bands (S), which spans a downlink system bandwidth of the at least one of the plurality of downlink component carriers.
5. The method according to claim 1, wherein the trigger message indicates that the reference signals, on the basis of which the CSI is to be reported, are present in the set of sub-bands (S), which spans a downlink system bandwidth of the at least one of the plurality of downlink component carriers.
6. The integrated circuit according to claim 5, wherein the CSI reporting further includes: evaluating reference signals of contiguous or distributed physical resource blocks in the set of sub-bands (S), on the at least one of the plurality of downlink component carriers; and transmitting the triggered CSI on an uplink component carrier based on the evaluated reference signals for the at least one of the plurality of downlink component carriers.
6. The method according to claim 5, wherein the user equipment evaluates reference signals of contiguous or distributed physical resource blocks in the set of sub-bands (S), on the at least one of the plurality of downlink component carriers; and the method comprises, by the base station, receiving the triggered CSI on an uplink component carrier based on the evaluated reference signals for the at least one of the plurality of downlink component carriers.
7. The integrated circuit according to claim 1, wherein the CSI is received in one or two CQI value(s) for the set of sub-bands (S), which spans a downlink system bandwidth of the at least one of the plurality of downlink component carriers.
7. The method according to claim 1, wherein the triggered CSI is received in one or two CQI value(s) for the set of sub-bands (S), which spans a downlink system bandwidth of the at least one of the plurality of downlink component carriers.
8. The integrated circuit according to claim 1, wherein the triggered CSI includes: a single CQI value, corresponding to a codeword, if the user equipment is not configured to report RI feedback, or if RI=1; and two CQI values, corresponding to different codewords, if RI>1.
8. The method according to claim 1, wherein the triggered CSI includes: a single CQI value, corresponding to a codeword, if the user equipment is not configured to report RI feedback, or if RI=1; and two CQI values, corresponding to different codewords, if RI>1.
9. The integrated circuit according to claim 1, wherein, in case a physical downlink shared channel (PDSCH) utilizes the same subframe n.sub.RS in which the reference signals are present, the reference signals are punctured into the PDSCH.
9. The method according to claim 1, wherein, in case a physical downlink shared channel (PDSCH) utilizes the same subframe n.sub.RS in which the reference signals are present, a punctured PDSCH transmission is performed.
10. The integrated circuit according to claim 1, wherein the reference signals are at least one of: cell-specific reference signals (CRS); or channel state information reference signals (CSI-RS).
10. The method according to claim 1, wherein the reference signals are at least one of: cell-specific reference signals (CRS); and channel state information reference signals (CSI-RS).
11. The integrated circuit according to claim 10, wherein the CSI-RS is based on at least one of: a non-zero-power CSI-RS configuration for which the user equipment assumes non-zero transmission power in a subframe n.sub.NZP-CSI-RS=n.sub.RS; or a zero-power CSI-RS configuration for which the user equipment assumes zero transmission power in a subframe n.sub.ZP-CSI-RS≠N.sub.RS, wherein the subframe n.sub.ZP-CSI-RS is earlier than the subframe n.sub.NZP-CSI-RS, where n.sub.Trigger≤n.sub.ZP-CSI-RS<n.sub.NZP-CSI-RS<n.sub.Report.
11. The method according to claim 10, wherein the CSI-RS includes at least one of: a non-zero-power CSI-RS configuration for which the user equipment assumes non-zero transmission power in a subframe n.sub.NZP-CSI-RS=n.sub.RS; and a zero-power CSI-RS configuration for which the user equipment assumes zero transmission power in a subframe n.sub.ZP-CSI-RS≠n.sub.RS, wherein the subframe n.sub.ZP-CSI-RS is earlier than the subframe n.sub.NZP-CSI-RS, where n.sub.Trigger≤n.sub.ZP-CSI-RS<n.sub.NZP-CSI-RS<n.sub.Report.
12. The integrated circuit according to claim 10, wherein the reference signals include at least one CSI-RS, wherein a CSI-RS configuration includes a zero-power CSI-RS configuration for which the user equipment assumes zero transmission power indicating at least one resource element in the subframe n.sub.RS corresponding to a resource element prescribed for CRS transmission, and/or wherein a CSI-RS configuration is indicated in the trigger message.
12. The method according to claim 10, wherein the CSI-RS includes a zero-power CSI-RS configuration for which the user equipment assumes zero transmission power indicating at least one resource element in the subframe n.sub.RS corresponding to a resource element prescribed for CRS transmission.
13. The method according to claim 10, wherein the CSI-RS is indicated in the trigger message.
13. An integrated circuit configured to control operation of a base station, comprising: transmission circuity, which, in operation, controls transmitting, in a subframe n.sub.Trigger, a trigger message that triggers a user equipment to report channel state information (CSI) for at least one of a plurality of downlink component carriers based on reference signals present on the at least one of the plurality of downlink component carriers; and reception circuitry, which, in operation, controls receiving, in a subframe n.sub.Report later than n.sub.Trigger, the CSI from the user equipment, wherein the reference signals are present in a subframe n.sub.RS on the at least one of the plurality of downlink component carriers, where n.sub.RS is indicated by means of higher layer signaling, and wherein the CSI includes: a wideband channel quality indicator (CQI) value per codeword, which is calculated assuming use of a single precoding matrix in all sub-bands and downlink transmission on a set of sub-bands (S); and a selected single precoding matrix indicator (PMI), or a first and second PMI corresponding to the selected single PMI, wherein the single PMI is selected from a codebook subset assuming downlink transmission on the set of sub-bands (S), and wherein the PMI and the CQI values are calculated conditioned on a reported rank indicator (RI) or are calculated conditioned on RI=1.
14. A base station, comprising: a transmitter, which, in operation, transmits, to a user equipment, a trigger message which triggers a reporting of channel state information (CSI) for at least one of a plurality of downlink component carriers, the trigger message being transmitted in a subframe n.sub.Trigger; and a receiver, which is coupled to the transmitter and which, in operation, receives, from the user equipment, the triggered CSI for the at least one of the plurality of downlink component carriers based on reference signals present on the at least one of the plurality of downlink component carriers, in a subframe n.sub.Report later than n.sub.Trigger, wherein the reference signals, on the basis of which the CSI is to be reported, are present in a subframe n.sub.RS on the at least one of the plurality of downlink component carriers, where n.sub.RS is indicated by means of higher layer signaling, wherein the triggered CSI includes: a wideband channel quality indicator (CQI) value per codeword, which is calculated assuming use of a single precoding matrix in all sub-bands and downlink transmission on a set of sub-bands (S); and a selected single precoding matrix indicator (PMI), or a first and second PMI corresponding to the selected single PMI, wherein the single PMI is selected from a codebook subset assuming downlink transmission on the set of sub-bands (S), and wherein the reported PMI and the reported CQI values are calculated conditioned on a reported rank indicator (RI) or are calculated conditioned on RI=1.
14. The integrated circuit according to claim 13, wherein the transmission circuitry, in operation, controls transmitting the trigger message in a downlink control information (DCI) format.
15. The base station according to claim 14, wherein the transmitter transmits the trigger message in a downlink control information (DCI) format.
15. The integrated circuit according to claim 13, wherein the reception circuitry, in operation, controls receiving the CSI aperiodically.
16. The base station according to claim 14, wherein the receiver receives the triggered CSI aperiodically.
16. The integrated circuit according to claim 13, wherein the transmission circuitry, in operation, controls transmitting the trigger message in the subframe n.sub.Trigger on another one of the plurality of downlink component carriers, which is different from the at least one of the plurality of downlink component carriers for which the CSI reporting is triggered.
17. The base station according to claim 14, wherein the transmitter transmits the trigger message in the subframe n.sub.Trigger on another one of the plurality of downlink component carriers, which is different from the at least one of the plurality of downlink component carriers for which the reporting is triggered.
17. The integrated circuit according to claim 13, wherein the trigger message indicates that the reference signals are present in the set of sub-bands (S), which spans a downlink system bandwidth of the at least one of the plurality of downlink component carriers.
18. The base station according to claim 14, wherein the trigger message indicates that the reference signals, on the basis of which the CSI is to be reported, are present in the set of sub-bands (S), which spans a downlink system bandwidth of the at least one of the plurality of downlink component carriers.
18. The integrated circuit according to claim 13, wherein the reception circuitry, in operation, controls receiving the CSI in one or two CQI value(s) for the set of sub-bands (S), which spans a downlink system bandwidth of the at least one of the plurality of downlink component carriers.
19. The base station according to claim 14, wherein the receiver receives the triggered CSI in one or two CQI value(s) for the set of sub-bands (S), which spans a downlink system bandwidth of the at least one of the plurality of downlink component carriers.
19. The integrated circuit according to claim 13, wherein the reference signals are at least one of: cell-specific reference signals (CRS); or channel state information reference signals (CSI-RS).
20. The base station according to claim 14, wherein the reference signals are at least one of: cell-specific reference signals (CRS); and channel state information reference signals (CSI-RS).
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. US 10505669 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding instant claims 1-19, respectively conflicting claims 1-19 of the patent encompass the limitation as claimed, except that the direction is alternated with the base station in place of the mobile station, in which they have the similar scope of the invention.
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 1-19 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.
In claim 1, reciting a phrase “assuming” in lines 14 and 20, however it renders unclarity whether if it truly happened, a tangible term “based on” or “according to” is suggested as to have a clear claim boundary. Same argument applies to claim 13. Claims 2-12 and 14-19 are rejected for depend from claim 1 or 13.
Further claim 11 reciting a phrase “assumes” in lines 4 and 7, however it renders unclarity whether if it truly happened, and since the CSI-RS configuration is true, thus a concrete term/phrase should be used. Same argument applies to claim 12.
Conclusion
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Commissioner for Patents
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rui Meng Hu whose telephone number is 571-270-1105, email is ruimeng.hu@uspto.gov. The examiner can normally be reached on Monday - Friday, 8:00 a.m. - 5:00 p.m., EST.
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/Rui Meng Hu/
R.H./rh
September 21, 2026
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
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