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 .
This application has been examined.
Claims 1-20 are pending.
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, 4, 11, 14, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-6, 11, 15-16, and 20 of U.S. Patent No. 12,107,779 in view of Lu et al. (US Patent Application Publication 2021/0127413; hereinafter Lu). Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to the same inventive concept related to multi-antenna communication in sidelink.
Regarding claim 1 12,107,779 discloses a wireless device comprising: one or more processors (claim 11); and memory storing instructions that, when executed by the one or more processors (claim 11), cause the wireless device to: transmit, during the slot: sidelink data over multiple antenna ports (claim 11); and sidelink control information, wherein a rank number used for the sidelink data is a same rank number used for transmission of the sidelink control information (claim 11).
12,107,779 fails to explicitly disclose but Lu, in the same field of endeavor related to communications in sidelink, discloses receive a configuration indicating a resource pool for transmission of a physical sidelink shared channel (PSSCH) in a slot (paragraphs 0030, 0057, amongst others). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of 12,107,779 with the teachings of Lu, in order to reduce complexity and increasing sensing efficiency (Lu: paragraph 0377).
Regarding claim 4 12,107,779 discloses the wireless device of claim 1, wherein the PSSCH is for transmission of the sidelink data (claims 15, 16).
Regarding claim 11 12,107,779 discloses a method comprising: transmitting, by the wireless device and during the slot: sidelink data over multiple antenna ports (claim 1); and sidelink control information, wherein a rank number used for the sidelink data is a same rank number used for transmission of the sidelink control information (claim 1).
12,107,779 fails to explicitly disclose but Lu, in the same field of endeavor related to communications in sidelink, discloses receiving, by a wireless device, a configuration indicating a resource pool for transmission of a physical sidelink shared channel (PSSCH) in a slot (paragraphs 0030, 0057, amongst others). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of 12,107,779 with the teachings of Lu, in order to reduce complexity and increasing sensing efficiency (Lu: paragraph 0377).
Regarding claim 14 12,107,779 discloses the method of claim 11, wherein the PSSCH is for transmission of the sidelink data (claims 5, 6).
Regarding claim 20 12,107,779 discloses a non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a wireless device (claim 20), cause the wireless device to: transmit, during the slot: sidelink data over multiple antenna ports (claim 20); and sidelink control information (claim 20), wherein a rank number used for the sidelink data is a same rank number used for transmission of the sidelink control information (claim 20).
12,107,779 fails to explicitly disclose but Lu, in the same field of endeavor related to communications in sidelink, discloses receive a configuration indicating a resource pool for transmission of a physical sidelink shared channel (PSSCH) in a slot (paragraphs 0030, 0057, amongst others). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of 12,107,779 with the teachings of Lu, in order to reduce complexity and increasing sensing efficiency (Lu: paragraph 0377).
Claims 1, 4, 11, 14, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-6, 11, 15-16, and 20 of U.S. Patent No. 11,728,941 in view of Lu et al. (US Patent Application Publication 2021/0127413; hereinafter Lu). Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to the same inventive concept related to multi-antenna communication in sidelink.
Regarding claim 1 11,728,941 discloses a wireless device comprising: one or more processors (claim 11); and memory storing instructions that, when executed by the one or more processors (claim 11), cause the wireless device to: transmit, during the slot: sidelink data over multiple antenna ports (claim 11); and sidelink control information, wherein a rank number used for the sidelink data is a same rank number used for transmission of the sidelink control information (claim 11).
11,728,941 fails to explicitly disclose but Lu, in the same field of endeavor related to communications in sidelink, discloses receive a configuration indicating a resource pool for transmission of a physical sidelink shared channel (PSSCH) in a slot (paragraphs 0030, 0057, amongst others). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of 11,728,941 with the teachings of Lu, in order to reduce complexity and increasing sensing efficiency (Lu: paragraph 0377).
Regarding claim 4 11,728,941 discloses the wireless device of claim 1, wherein the PSSCH is for transmission of the sidelink data (claims 15, 16).
Regarding claim 11 11,728,941 discloses a method comprising: transmitting, by the wireless device and during the slot (claim 1): sidelink data over multiple antenna ports (claim 1); and sidelink control information, wherein a rank number used for the sidelink data is a same rank number used for transmission of the sidelink control information (claim 1).
11,728,941 fails to explicitly disclose but Lu, in the same field of endeavor related to communications in sidelink, discloses receiving, by a wireless device, a configuration indicating a resource pool for transmission of a physical sidelink shared channel (PSSCH) in a slot (paragraphs 0030, 0057, amongst others). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of 11,728,941 with the teachings of Lu, in order to reduce complexity and increasing sensing efficiency (Lu: paragraph 0377).
Regarding claim 14 11,728,941 discloses the method of claim 11, wherein the PSSCH is for transmission of the sidelink data (claims 5, 6).
Regarding claim 20 11,728,941 discloses a non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a wireless device (claim 20), cause the wireless device to: transmit, during the slot: sidelink data over multiple antenna ports (claim 20); and sidelink control information, wherein a rank number used for the sidelink data is a same rank number used for transmission of the sidelink control information (claim 20).
11,728,941 fails to explicitly disclose but Lu, in the same field of endeavor related to communications in sidelink, discloses receive a configuration indicating a resource pool for transmission of a physical sidelink shared channel (PSSCH) in a slot (paragraphs 0030, 0057, amongst others). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of 11,728,941 with the teachings of Lu, in order to reduce complexity and increasing sensing efficiency (Lu: paragraph 0377).
Claims 1, 11, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11, and 20 of U.S. Patent No. 11,438,876 in view of Lu et al. (US Patent Application Publication 2021/0127413; hereinafter Lu). Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed to the same inventive concept related to multi-antenna communication in sidelink.
Regarding claim 1 11,438,876 discloses a wireless device comprising: one or more processors (claim 11); and memory storing instructions that, when executed by the one or more processors (claim 11), cause the wireless device to: transmit, during the slot: sidelink data over multiple antenna ports (claim 11); and sidelink control information, wherein a rank number used for the sidelink data is a same rank number used for transmission of the sidelink control information (claim 11).
11,438,876 fails to explicitly disclose but Lu, in the same field of endeavor related to communications in sidelink, discloses receive a configuration indicating a resource pool for transmission of a physical sidelink shared channel (PSSCH) in a slot (paragraphs 0030, 0057, amongst others). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of 11,438,876 with the teachings of Lu, in order to reduce complexity and increasing sensing efficiency (Lu: paragraph 0377).
Regarding claim 11 11,438,876 discloses a method comprising: transmitting, by the wireless device and during the slot (claim 1): sidelink data over multiple antenna ports (claim 1); and sidelink control information, wherein a rank number used for the sidelink data is a same rank number used for transmission of the sidelink control information (claim 1).
11,438,876 fails to explicitly disclose but Lu, in the same field of endeavor related to communications in sidelink, discloses receiving, by a wireless device, a configuration indicating a resource pool for transmission of a physical sidelink shared channel (PSSCH) in a slot (paragraphs 0030, 0057, amongst others). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of 11,438,876 with the teachings of Lu, in order to reduce complexity and increasing sensing efficiency (Lu: paragraph 0377).
Regarding claim 20 11,438,876 discloses a non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a wireless device (claim 20), cause the wireless device to: transmit, during the slot: sidelink data over multiple antenna ports (claim 20); and sidelink control information, wherein a rank number used for the sidelink data is a same rank number used for transmission of the sidelink control information (claim 20).
11,438,876 fails to explicitly disclose but Lu, in the same field of endeavor related to communications in sidelink, discloses receive a configuration indicating a resource pool for transmission of a physical sidelink shared channel (PSSCH) in a slot (paragraphs 0030, 0057, amongst others). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of 11,438,876 with the teachings of Lu, in order to reduce complexity and increasing sensing efficiency (Lu: paragraph 0377).
Allowable Subject Matter
Claims 1-20 are considered allowable over the prior art.
The present application is a continuation of USPN 12,107,779, USPN 11,728,941, USPN 11,438,876, and the present independent claims recite language similar to that of the parent applications. Because these claims recite language that was deemed allowable in the parent applications, the present claims are considered allowable for similar reasons to those provided in the parent application, more specifically in application 16,865,549 (now USPN 11,438,876).
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PGPUB 2018/0145818 to Choi et al. – that discloses a new radio PDSCH using the same transmission scheme as a new radio PDCCH (pp. 0484).
US PGPUB 2017/0264414 to Fröberg Olsson et al. – which discloses transmitting a data channel (rPDCH) transmitted with the same rank as the demodulation reference signal (pp. 0054).
US PGPUB 2021/0135732 to Sun et al. – that discloses a wireless device configured for transmission using a transmission scheme other than a multi-antenna transmission scheme is provided. The wireless device includes at least one receiver configured to receive a transmission of a multi-antenna transmission scheme, and processing circuitry configured to perform at least one of a channel estimation function and measurement function using the received transmission of the multi-antenna transmission scheme, the multi-antenna transmission scheme remaining transparent to the wireless device.
Conclusion
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/Aixa Guadalupe-Cruz/
Examiner
Art Unit 2466
/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
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