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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent No. 12,127,018 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because independent claims of the present application merely broaden the scope of independent claims of US Patent No. 12,127,018 B2 respectively, by eliminating wherein the measurement configuration indicates a usage associated with measurement resources to be used to perform multiple different measurement types.
It has been held that the omission an element and its function is an obvious expedient if the remaining elements perform the same as before. In Re Karlson, 136 USPQ 184 (CCPA). Also, note Ex Parte Rainu, 168 USPQ 375 (Bd.App. 1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Haustein et al (US 2023/0189315 A1).
Regarding claims 1 and 16, Haustein discloses a user equipment (UE) (Fig. 5, device 11 and/or Fig. 6, device 20) for wireless communication (Fig. 17), comprising:
one or more memories (Fig 5, 665th paragraph, the device 11 may include memory); and
one or more processors coupled to the one or more memories (Fig. 5 and 700th paragraph, device 11 may include processors), the one or more processors individually or collectively configured to:
receive a measurement configuration that is associated with a common measurement object (611th and 1402nd paragraphs, device may be configured for measuring SRS and/or SIR) or a common resource pool (alternative) for at least two of cross-link interference (CLI) measurements (Fig. 29A), self-interference (SI) measurements (Fig. 29A), or wireless sensing measurements (113th paragraph, reception pattern may be used in connection with sensing a signal);
perform, based at least in part on the measurement configuration, one or more measurements that include at least one of a CLI measurement, an SI measurement, or a wireless sensing measurement (1388th – 1393rd and 1402nd paragraphs, the device is configured to measure and report the CLI and SI); and
transmit, based at least in part on the measurement configuration, a measurement report indicating at least one measurement of the one or more measurements (1388th – 1393rd and 1402nd paragraphs, the device is configured to report CLI and SI interference measurement results).
Regarding claims 2, 10, 17, and 25, Haustein discloses tha twherein the one or more processors, to receive the measurement configuration, are configured to: receive the measurement configuration indicating a measurement object (611th and 1402nd paragraphs, device may be configured for measuring SRS and/or SIR) and a parameter indicating a usage associated with measurement resources associated with the measurement object (Figs. 29B and 30B, resource configuration for CLI and SI measurements).
Regarding claims 3, 11, 18, and 26, Haustein discloses that wherein the one or more processors, to receive the measurement configuration, are configured to: receive the measurement configuration indicating at least one of a first measurement object associated with the CLI measurements (1388th – 1393rd and 1402 paragraphs, SIR for CLI), a second measurement object associated with the SI measurements (1388th – 1393rd and 1402 paragraphs, SIR for SI), or a third measurement object associated with the wireless sensing measurements.
Regarding claims 4, 12, 19, and 27, Haustein discloses that wherein the one or more processors, to receive the measurement configuration, are configured to: receive the measurement configuration indicating that the common resource pool is shared between at least two of the first measurement object, the second measurement object, or the third measurement object (Figs. 29B and 30B, resource configuration for SIR measurements of CLI and SI).
Regarding claims 5, 13, 20, and 28, Haustein discloses that wherein the one or more processors are further configured to: transmit a capability report indicating one or more capabilities associated with the UE, wherein the measurement configuration is based at least in part on the one or more capabilities (748th paragraph, the device transmits its capability to the network and from those capabilities, the network may select the measurements it needs or requests).
Regarding claims 6, 14, 21, and 29, Haustein discloses that wherein the one or more processors, to transmit the measurement report, are configured to: transmit the measurement report indicating at least one of: a measurement object index associated with the at least one measurement, a reference signal index associated with the at least one measurement, a time of arrival associated with the at least one measurement, or a measurement value associated with the at least one measurement (1402nd paragraph, UE is measuring and reporting SIR).
Regarding claims 7 and 22, Haustein discloses that wherein the one or more processors, to transmit the measurement report, are configured to: transmit the measurement report based at least in part on a reporting configuration associated with the measurement configuration, wherein the reporting configuration indicates that the measurement report is at least one of: a periodic measurement report, a semi-persistent measurement report, an aperiodic measurement report (Fig. 27B), or a trigger event based measurement report.
Regarding claims 8, 15, 23, and 30, Haustein discloses that wherein the one or more processors, to receive the measurement configuration, are configured to: receive a reporting configuration that indicates one or more trigger events associated with reporting measurements (266th paragraph, event based report configuration), wherein the one or more trigger events include at least one of: a measurement value satisfying a first threshold (178th paragraph, when signal power is above a threshold, the device may report this to the network), a time of arrival variation satisfying a second threshold, a measurement value variation satisfying a third threshold, or an object detection event associated with a wireless sensing measurement.
Regarding claims 9 and 24, Haustein discloses a network entity (Fig. 7) for wireless communication (Fig. 17), comprising:
one or more memories (Fig. 7, the device 31 must include memory); and
one or more processors coupled to the one or more memories (Fig. 7, the device must include processors), the one or more processors individually or collectively configured to:
determine a measurement configuration that is associated with a common measurement object (611th and 1402nd paragraphs, device may be configured for measuring SRS and/or SIR) or a common resource pool (alternative) for at least two of cross-link interference (CLI) measurements (Fig. 29A), self-interference (SI) measurements (Fig. 29A), or wireless sensing measurements (113th paragraph, reception pattern may be used in connection with sensing a signal);
transmit, to a user equipment (UE), the measurement configuration (1388th – 1393rd and 1402nd paragraphs, the device is configured to measure and report the CLI and SI); and
receive, from the UE, a measurement report that indicates at least one of a CLI measurement, an SI measurement, or a wireless sensing measurement (1388th – 1393rd and 1402nd paragraphs, the device is configured to report CLI and SI interference measurement results).
Conclusion
Oh et al (US 2024/0236736 A1), generally related, discloses controlling measuring and reporting of channel interference in wireless communication system (Fig. 27).
Abedini et al (US 2022/0022142 A1), same assignee, discloses power configuration for self-interference measurement (Figs. 12-15).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH VU H LY whose telephone number is (571)272-3175. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nick Jensen can be reached at 571-270-5443. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ANH VU H. LY
Primary Examiner
Art Unit 2472
/ANH VU H LY/Primary Examiner, Art Unit 2472
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