6DETAILED 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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted is being considered by the examiner.
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.
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.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12132592. Although the claims at issue are not identical, they are not patentably distinct from each other because of following:
Application
Patent
1. A method performed by a wireless transmit / receive unit (WTRU), the method comprising: determining a sequence, from a set of sequences comprising 0 0 0 0 0 0 1 1 0 1 1 0, 0 0 0 0 0 1 0 0 0 1 1 1 and 0 0 0 0 0 1 1 1 0 1 1 1; and transmitting a demodulation reference signal (DMRS) derived from the determined sequence.
6. A method performed by a wireless transmit / receive unit (WTRU), the method comprising: determining a sequence, from a set of sequences comprising: 0 0 0 0 0 0 0 1 1 1 1 1 0 0 1 0 0 1, 0 0 0 0 0 1 0 0 0 1 1 1 1 1 0 0 0 1 and 0 0 0 0 0 1 1 1 1 0 1 1 1 0 1 1 1 1; and transmitting a demodulation reference signal (DMRS) derived from the determined sequence.
11. A method performed by a wireless transmit / receive unit (WTRU), the method comprising: determining a sequence, from a set of sequences comprising: 0 0 0 0 0 0 0 1 0 0 1 1 1 1 1 0 0 1 0 0 1 0 0 1, 0 0 0 0 0 0 0 0 1 1 0 1 1 0 0 1 0 1 0 1 1 0 1 1, 0 0 0 0 0 0 0 0 1 0 0 1 0 0 1 0 0 1 1 1 1 0 1 1 and 0 0 0 0 0 0 0 1 0 0 1 0 1 1 0 1 1 1 0 0 0 1 1 0; and transmitting a demodulation reference signal (DMRS) derived from the determined sequence.
1. A wireless transmit/receive unit (WTRU) comprising: a processor configured to determine a sequence, from a set of sequences comprising 0 0 0 0 0 0 1 1 0 1 1 0, 0 0 0 0 0 1 0 0 0 1 1 1 and 0 0 0 0 0 1 1 1 0 1 1 1; and a transmitter configured to transmit a demodulation reference signal (DMRS) derived from the determined sequence.
6. A wireless transmit/receive unit (WTRU) comprising: a processor configured to determine a sequence, from a set of sequences comprising: 0 0 0 0 0 0 0 1 1 1 1 1 0 0 1 0 0 1, 0 0 0 0 0 1 0 0 0 1 1 1 1 1 0 0 0 1 and 0 0 0 0 0 1 1 1 1 0 1 1 1 0 1 1 1 1; and a transmitter configured to transmit a demodulation reference signal (DMRS) derived from the determined sequence.
11. A wireless transmit/receive unit (WTRU) comprising: a processor configured to determine a sequence, from a set of sequences comprising: 0 0 0 0 0 0 0 1 0 0 1 1 1 1 1 0 0 1 0 0 1 0 0 1, 0 0 0 0 0 0 0 0 1 1 0 1 1 0 0 1 0 1 0 1 1 0 1 1, 0 0 0 0 0 0 0 0 1 0 0 1 0 0 1 0 0 1 1 1 1 0 1 1 and 0 0 0 0 0 0 0 1 0 0 1 0 1 1 0 1 1 1 0 0 0 1 1 0; and a transmitter configured to transmit a demodulation reference signal (DMRS); derived from the determined sequence.
- Regarding to compare of claims above, it have 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 need would be obvious to one skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
. Examiner's Note: Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUC H TRAN whose telephone number is (571)272-3172. The examiner can normally be reached M-F 8-5 Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy K. Kundu can be reached at 571-272-8586. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUC H TRAN/Primary Examiner, Art Unit 2471
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