DETAILED ACTION
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 .
Status of Application
2 This instant Office Action is in response to Original Filing filed on 9/25/24.
3. This Office Action is made Non-Final.
4. Claims 1-21 are pending.
Information Disclosure Statement
5. The information disclosure statement (IDS) submitted on 1/16/25 and 5/5/26 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
6. Claims 1, 8, and 15 are objected to because of the following informalities: They recite the abbreviation “TCI” that needs to be spelled out at the first occurrence of the abbreviation. See MPEP § 608.01(m). Appropriate correction is required.
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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1. Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-14 of US Patent 12,133,198 and Claims 1-20 of US Patent 12,101,742 and Claims 1-20 of Co-Pending Application 18/798,183.
Although the claims at issue are not identical, they are not patentably distinct from each other because they both are claiming similar subject matter relating to receiving, by a wireless device, one or more configuration parameters indicating a first control resource set (CORESET) pool index and second CORESET pool index; receiving downlink control information (DCI) scheduling and using TCI state field indicators and the wireless device using available CORESET pool.
A. Note that the table below compares the claims of the current invention with the relevant claims in the US Patent 12,133,198 and US Patent 12,101,742 in the columns side by side. Wherein at least one claim of the instant application is being taught by the claims of the U.S. Patents.
Current Pending AP No. 18896103
Patent No. US 12,133,198
Patent No. US 12,101,742
1. A method comprising: receiving, by a wireless device, one or more configuration parameters indicating a first control resource set (CORESET) pool index and second CORESET pool index; receiving downlink control information (DCI) scheduling a channel state information reference signal (CSI-RS); and based on the first CORESET pool index and the second CORESET pool index being different and based on a time offset between the DCI and the CSI-RS being less than a threshold, receiving the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index.
1. A method comprising: receiving, by a wireless device via at least one of a first control resource set (CORESET) or a second CORESET, repetitions of downlink control information (DCI) scheduling a downlink signal, wherein a time offset between the DCI and the downlink signal is less than a threshold; based on a first CORESET pool index of the first CORESET and a second CORESET pool index of the second CORESET being different, determining a default CORESET pool index by determining, among the first CORESET pool index and the second CORESET pool index, a lowest CORESET pool index or a highest CORESET pool index; and receiving the downlink signal using a CORESET associated with a lowest CORESET index among one or more CORESETs associated with the default CORESET pool index.
6. The method of claim 1, wherein the downlink signal comprises at least one of: a transport block; a physical downlink shared channel (PDSCH) transmission; or a channel state information (CSI) reference signal (RS).
1. A method comprising: receiving, by a wireless device via at least one of a first control resource set (CORESET) or a second CORESET, repetitions of downlink control information (DCI) scheduling a downlink signal and comprising a transmission configuration indicator (TCI) field; based on a first CORESET pool index of the first CORESET and a second CORESET pool index of the second CORESET being different, determining a default CORESET pool index among the first CORESET pool index and the second CORESET pool index; and receiving the downlink signal based on a TCI state, among one or more TCI states activated for the default CORESET pool index, indicated by the TCI field.
9. A method comprising: receiving, by a wireless device, one or more configuration parameters indicating: a first control resource set (CORESET) pool index for a first CORESET; and a second CORESET pool index for a second CORESET; receiving, via at least one of the first CORESET or the second CORESET, repetitions of downlink control information (DCI) scheduling a downlink signal and comprising a transmission configuration indicator (TCI) field; and based on the first CORESET pool index and the second CORESET pool index being different, receiving the downlink signal based on a TCI state indicated by the TCI field and associated with a default CORESET pool index among the first CORESET pool index and the second CORESET pool index.
8. The method of claim 1, wherein the downlink signal comprises at least one of: a transport block; a physical downlink shared channel (PDSCH) transmission; or a channel state information (CSI) reference signal (RS).
15. The method of claim 9, wherein the downlink signal comprises at least one of: a transport block; a physical downlink shared channel (PDSCH) transmission; or a channel state information (CSI) reference signal (RS).
Analysis: In comparing the pending application with the Patents they are claiming similar subject matter relating to receiving DCI scheduling, CORSETs pool to determine or select CORESET to receive downlink signal. The difference between the claims of the current pending claim and the patents is that the current Claim 1 recites an additional element of receiving the DCI scheduling SCSI-RS and receiving the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index. In addition, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention AIA (FITF) to add the limitations of US Patent 12,133,198 claim 6 and US patent 12,101,742 claims 8 or 15 to arrive at the pending claim 1 limitations without requiring more experimentation than is reasonable.
Therefore, the patented applications recited above anticipates or renders obvious the current pending claim 1.
8. A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive one or more configuration parameters indicating a first control resource set (CORESET) pool index and second CORESET pool index; receive downlink control information (DCI) scheduling a channel state information reference signal (CSI-RS); and based on the first CORESET pool index and the second CORESET pool index being different and based on a time offset between the DCI and the CSI-RS being less than a threshold, receive the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index.
15. A non-transitory computer readable medium storing instructions that, when executed, cause: receiving, by a wireless device, one or more configuration parameters indicating a first control resource set (CORESET) pool index and second CORESET pool index; receiving downlink control information (DCI) scheduling a channel state information reference signal (CSI-RS); and based on the first CORESET pool index and the second CORESET pool index being different and based on a time offset between the DCI and the CSI-RS being less than a threshold, receiving the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index.
7. A method comprising: receiving, by a wireless device, one or more configuration parameters indicating: a first control resource set (CORESET) pool index for a first CORESET; and a second CORESET pool index for a second CORESET; receiving, via at least one of the first CORESET or the second CORESET, repetitions of downlink control information (DCI) scheduling a downlink signal, wherein a time offset between the DCI and the downlink signal is less than a threshold; and based on the first CORESET pool index and the second CORESET pool index being different, receiving the downlink signal using a CORESET associated with a lowest CORESET index among one or more CORESETs associated with a default CORESET pool index that is a lowest CORESET pool index or a highest CORESET pool index among the first CORESET pool index and the second CORESET pool index.
10. A method comprising: sending, by a base station via a first control resource set (CORESET) and a second CORESET, repetitions of downlink control information (DCI) scheduling a downlink signal, wherein a time offset between the DCI and the downlink signal is less than a threshold; based on a first CORESET pool index of the first CORESET and a second CORESET pool index of the second CORESET being different, determining a default CORESET pool index by determining, among the first CORESET pool index and the second CORESET pool index, a lowest CORESET pool index or a highest CORESET pool index; and sending the downlink signal using a CORESET associated with a lowest CORESET index among one or more CORESETs associated with the default CORESET pool index.
14. The method of claim 10, wherein the downlink signal comprises at least one of: a transport block; a physical downlink shared channel (PDSCH) transmission; or a channel state information (CSI) reference signal (RS).
16. A method comprising, sending, by a base station via a first control resource set (CORESET) and a second CORESET, repetitions of downlink control information (DCI) scheduling a downlink signal and comprising a transmission configuration indicator (TCI) field; based on a first CORESET pool index of the first CORESET and a second CORESET pool index of the second CORESET being different, determining a default CORESET pool index among the first CORESET pool index and the second CORESET pool index; and sending the downlink signal based on a TCI state, among one or more TCI states activated for the default CORESET pool index, indicated by the TCI field.
19. The method of claim 16, wherein the downlink signal comprises at least one of: a transport block; a physical downlink shared channel (PDSCH) transmission; or a channel state information (CSI) reference signal (RS).
Analysis: In comparing the pending application with the Patents they are claiming similar subject matter relating to a Wireless Device receiving from a base station the DCI scheduling, CORSETs pool to determine or select CORESET to receive downlink signal. The difference between the claims of the current pending claim and the patents is that the current Claims recites an additional element of receiving the DCI scheduling CSI-RS and receiving the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index. In addition, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention AIA (FITF) to add the limitations of US Patent 12,133,198 claim 14 and US patent 12,101,742 claim 19 to arrive at the pending claim 1 limitations without requiring more experimentation than is reasonable. Therefore, the patented applications recited above anticipates or renders obvious the current pending claims 8 and 15.
The remaining dependent claims 2-7, 9-14, 16-21 of this instant application claim is essentially the same subject matter as claims 2-5, 8-13 of US Patent 12,133,198 and to claims 2-7,10-14,17-18,20 of US Patent 12,101,742 respectively, and hence fall with independent claims 1, 8, 15 of this instant application.
With respect to the claims, the Pending Application merely broaden the scope of the application by eliminating terms “repetitions of downlink control information (DCI) scheduling a downlink signal, determining a default CORESET pool index by determining, among the first CORESET pool index and the second CORESET pool index, a lowest CORESET pool index or a highest CORESET pool index”
B. Note that the table below compares the claims of the current invention with the relevant claims in the Co-Pending Application 18/798,183 in the columns side by side. Wherein at least one claim of the instant application is being taught by the claims of the co-pending application.
Current Pending AP No. 18896103
Co-Pending Application 18798183
1. A method comprising: receiving, by a wireless device, one or more configuration parameters indicating a first control resource set (CORESET) pool index and second CORESET pool index; receiving downlink control information (DCI) scheduling a channel state information reference signal (CSI-RS); and based on the first CORESET pool index and the second CORESET pool index being different and based on a time offset between the DCI and the CSI-RS being less than a threshold, receiving the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index.
1. A method comprising: receiving, by a wireless device via at least one of a first control resource set (CORESET) with a first CORESET pool index or a second CORESET with a second CORESET pool index, downlink control information (DCI) scheduling a downlink signal and comprising a transmission configuration indicator (TCI) field; and receiving the downlink signal based on a TCI state, among one or more TCI states activated for a default CORESET pool index that is selected based on the first CORESET pool index and the second CORESET pool index being different, indicated by the TCI field.
Analysis: In comparing the pending application with the Co-Pending Application they both are claiming similar subject matter relating to receiving, by a wireless device, one or more configuration parameters indicating a first control resource set (CORESET) pool index and second CORESET pool index; receiving downlink control information (DCI) scheduling and using TCI state field indicators. The difference between the claims is that the current pending claim 1 recites an additional element of receiving the DCI scheduling CSI-RS and receiving the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index. Therefore, the co-pending claim 1 anticipates or renders obvious the current pending claim 1.
8. A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive one or more configuration parameters indicating a first control resource set (CORESET) pool index and second CORESET pool index; receive downlink control information (DCI) scheduling a channel state information reference signal (CSI-RS); and based on the first CORESET pool index and the second CORESET pool index being different and based on a time offset between the DCI and the CSI-RS being less than a threshold, receive the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index.
15. A non-transitory computer readable medium storing instructions that, when executed, cause: receiving, by a wireless device, one or more configuration parameters indicating a first control resource set (CORESET) pool index and second CORESET pool index; receiving downlink control information (DCI) scheduling a channel state information reference signal (CSI-RS); and based on the first CORESET pool index and the second CORESET pool index being different and based on a time offset between the DCI and the CSI-RS being less than a threshold, receiving the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index.
6. A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive, via at least one of a first control resource set (CORESET) with a first CORESET pool index or a second CORESET with a second CORESET pool index, downlink control information (DCI) scheduling a downlink signal and comprising a transmission configuration indicator (TCI) field; and receive, the downlink signal based on a TCI state, among one or more TCI states activated for a default CORESET pool index that is selected based on the first CORESET pool index and the second CORESET pool index being different, indicated by the TCI field.
11. A method comprising: sending, by a base station via a first control resource set (CORESET) with a first CORESET pool index and a second CORESET with a second CORESET pool index, downlink control information (DCI) scheduling a downlink signal and comprising a transmission configuration indicator (TCI) field; and sending the downlink signal based on a TCI state, among one or more TCI states activated for a default CORESET pool index that is selected based on the first CORESET pool index and the second CORESET pool index being different, indicated by the TCI field.
16. A base station comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the base station to: send, via a first control resource set (CORESET) with a first CORESET pool index and a second CORESET with a second CORESET pool index, downlink control information (DCI) scheduling a downlink signal and comprising a transmission configuration indicator (TCI) field; and send the downlink signal based on a TCI state, among one or more TCI states activated for a default CORESET pool index that is selected based on the first CORESET pool index and the second CORESET pool index being different, indicated by the TCI field.
Analysis: In comparing the pending application with the Co-Pending Application they both are claiming similar subject matter relating to receiving, by a wireless device, from a base station one or more configuration parameters indicating a first control resource set (CORESET) pool index and second CORESET pool index; receiving downlink control information (DCI) scheduling and using TCI state field indicators. The difference between the claims is that the current pending claim 1 recites an additional element of receiving the DCI scheduling CSI-RS and receiving the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index. Therefore, the co-pending claims 6, 11, and 16 anticipates or renders obvious the current pending claim 8 and 15.
The remaining dependent claims 2-7,9-14,16-21 of this instant application claim is essentially the same subject matter as claims 2-5,7-10,12-15,17-20 of the Co-Pending Application respectively, and hence fall with independent claims 1, 8, and 15 of this instant application.
With respect to claims, the Pending Application merely broaden the scope of the application by eliminating terms “and send the downlink signal based on a TCI state, among one or more TCI states activated for a default CORESET pool index.”
It has 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 needed would be obvious to one skill in the art.
Allowable Subject Matter
2. Claims 1-21 are rejected under a non-statutory double patenting rejections but would be allowable if a Terminal Disclaimer is filed and approved which would overcome the non-statutory double patenting rejections set forth herein.
Furthermore, as to Independent Claims 1, 8, and 15, the limitations recited in the claims along with its dependent claims would be allowed because in combination with their dependent claims the closest prior arts, KIM et al. US 20230388081 discloses respectively in Section [0010] Receiving a downlink signal by a terminal include repeatedly receiving downlink control information (DCI); Section [0321] A method of receiving DCI related to downlink signal reception a time of offset between receiving timing of a downlink signal related to the DCI being less than a predetermined threshold; Section [0328] CORESET 1 and CORESET 2 belong to a different CORESET Pool; Section [0330] UE receives a PDSCH in which a default beam of a CORESET that the lowest CORESET ID (i.e. index) is configured;
However, Kim does not explicitly state and based on a time offset between the DCI and the CSI-RS being less than a threshold, receiving the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index.
The prior art, Kim et al. US 20230239114 hereafter Kim II discloses respectively in Section [0167] A scheduling offset between the last symbol of a PDCCH carrying the triggering DCI and the first symbol of AP CSI-RS (i.e. downlink signal) is less than a threshold, then UE apply QCL assumption when receiving AP CSI-RS and the other downlink signal which may be i) a PDSCH with the lowest CORESET identifier; Section [0238] DCI (e.g., DCI 1, DCI transmitted through a control channel, a PDCCH, and data in a data channel (e.g. a PDSCH), the control channel, PDCCH, may be repetitively transmitted; Section [0168] First, if there is any other downlink signal indicated with a TCI state within the same symbol as the CSI-RS, a UE may apply a QCL assumption of the other downlink signal when receiving the CSI-RS; Section [0239] For example, the DCI 1/DCI 2 may include information triggering an AP CSI-RS/(indication) information for a TCI state
However Kim II does not explicitly state receiving the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index.
Therefore, Kim in view of Kim II do not render obvious in combination with other limitations in the independent claims the claim elements receiving, by a wireless device, one or more configuration parameters indicating a first control resource set (CORESET) pool index and second CORESET pool index; receiving downlink control information (DCI) scheduling a channel state information reference signal (CSI-RS); and based on the first CORESET pool index and the second CORESET pool index being different and based on a time offset between the DCI and the CSI-RS being less than a threshold, receiving the CSI-RS using a TCI state associated with a lowest of the first CORESET pool index and the second CORESET pool index.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: 1. Jung et al. US 20210321442
2. KHOSHNEVISAN et al. US 20230379951.
Furthermore, each additional prior arts cited on PTO-892 but not applied in rejection contains a disclosed description related to the claimed subject matter found either in the Figures, description summary and/or disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEL M ULYSSE whose telephone number is (571)272-1228. The examiner can normally be reached Monday-Friday 9am-5pm.
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August 20, 2026
/JAEL M ULYSSE/Primary Examiner, Art Unit 2477
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