Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This communication is in response to the Application No. 18/892,404 filed on 9/22/24. Claims 1 – 20 has been examined.
Double Patenting
3. 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).
4. 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).
5. 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.
6. 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.
7. Claim(s) 1 – 2, 9 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,126,477 in view of Zewail et al. (US 2023/0261924, Zewail hereafter). See the reasons below:
Regarding claim 1, Please see the table below:
Instant Application
Pat # 12,126,477
A method for a wireless transmitter to transmit a message, the method comprising:
a) preparing a resource grid comprising resource elements, each resource element occupying one subcarrier in frequency and one symbol-time in time, each resource element comprising a guard-space interval followed by a message data interval; and
b) transmitting a message comprising resource elements;
c) wherein each resource element of the message comprises:
i) a demodulation reference configured in the guard-space interval; and
ii) a data signal, modulated according to bits of the message, configured in the message data interval.
A method for a wireless transmitter, the method comprising:
a) transmitting a message comprising message elements, each message element comprising a single resource element of a resource grid, the resource grid comprising symbol-times in time and subcarriers in frequency; b) wherein each message element comprises a guard space followed by message data;
c) wherein the message data of each message element is modulated according to bits of the message;
d) wherein the guard space of each message element comprises a reference signal; and
e) wherein the reference signal comprises a predetermined reference amplitude and a predetermined reference phase.
However, the claim is different that it has multiple resource elements and the reference signal is demodulation reference signal. However, does not specifically disclose having amplitude and a predetermined reference phase (known in the art to have two axis (amplitude and phase)).
Zewail teaches having multiple resource elements and the reference signal is demodulation reference signal (The transmit processor 220 may generate reference symbols for reference signals (e.g., a cell-specific reference signal (CRS) or a demodulation reference signal (DMRS)) and synchronization signals (e.g., a primary synchronization signal (PSS) or a secondary synchronization signal (SSS)), paragraph 48, 83; resources; paragraph 40, 48, 84).
Regarding claim 2, Pat # 12,126,477 with Zewail teaches method of claim 1, Pat # 12,126,477 further teaches see below:
Instant Application
Pat # 12,126,477
The method of claim 1, wherein the message is transmitted according to 5G or 6G technologies.
The method of claim 1, wherein the message is transmitted according to 5G or 6G technology.
Regarding claim 9, the method substantially has same limitation(s) as claim 1, thus the same rejection is applicable (Just the receiver part or the transmitter of claim 1 (performing opposite steps of transmitting)).
Allowable Subject Matter
8. Claims 3 – 8, 10 - 14 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.
9. Claims 15 – 20 are allowed.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANMAY K SHAH whose telephone number is (571)270-3624. The examiner can normally be reached Mon - Fri - 8:00 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TANMAY K. SHAH
Primary Examiner
Art Unit 2632
/TANMAY K SHAH/Primary Examiner, Art Unit 2632
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