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 .
DETAILED ACTION
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-8 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-8 of prior U.S. Patent No. 11,368,272. This is a statutory double patenting rejection.
Instant Application
US Patent No. 11,368,272
1. A communication apparatus comprising: circuitry which, in operation, maps one or more repetitions of control information in a search space region, wherein the search space region includes a first plurality of sub-regions of different lengths for a largest repetition number of the control information, wherein the search space region includes a second plurality of sub-regions of different lengths for a second-largest repetition number of the control information, and wherein an interval of subframes to which the first plurality of sub-regions are mapped is greater than an interval of subframes to which the second plurality of sub-regions are mapped; and a transmitter which, in operation, transmits the one or more repetitions of the control information.
1. A communication apparatus comprising: circuitry which, in operation, maps one or more repetitions of control information in a search space region, wherein the search space region includes a first plurality of sub-regions of different lengths for a largest repetition number of the control information, wherein the search space region includes a second plurality of sub-regions of different lengths for a second-largest repetition number of the control information, and wherein an interval of subframes to which the first plurality of sub-regions are mapped is greater than an interval of subframes to which the second plurality of sub-regions are mapped; and a transmitter which, in operation, transmits the one or more repetitions of the control information.
2. The communication apparatus according to claim 1, wherein the first plurality of sub-regions are determined based on the largest repetition number of the control information, and the second plurality of sub-regions are determined based on the second-largest repetition number of the control information.
2. The communication apparatus according to claim 1, wherein the first plurality of sub-regions are determined based on the largest repetition number of the control information, and the second plurality of sub-regions are determined based on the second-largest repetition number of the control information.
3. The communication apparatus according to claim 1, wherein the first plurality of sub-regions for the largest repetition number of the control information are mapped to a same starting subframe, and the second plurality of sub-regions for the second-largest repetition number of the control information are mapped to a same starting subframe.
3. The communication apparatus according to claim 1, wherein the first plurality of sub-regions for the largest repetition number of the control information are mapped to a same starting subframe, and the second plurality of sub-regions for the second-largest repetition number of the control information are mapped to a same starting subframe.
4. The communication apparatus according to claim 1, wherein the search space region is determined based on physical layer signaling.
4. The communication apparatus according to claim 1, wherein the search space region is determined based on physical layer signaling.
5. A communication method comprising: mapping one or more repetitions of control information in a search space region, wherein the search space region includes a first plurality of sub-regions of different lengths for a largest repetition number of the control information, wherein the search space region includes a second plurality of sub-regions of different lengths for a second-largest repetition number of the control information, and wherein an interval of subframes to which the first plurality of sub-regions are mapped is greater than an interval of subframes to which the second plurality of sub-regions are mapped; and transmitting the one or more repetitions of the control information.
5. A communication method comprising: mapping, by a communication apparatus, one or more repetitions of control information in a search space region, wherein the search space region includes a first plurality of sub-regions of different lengths for a largest repetition number of the control information, wherein the search space region includes a second plurality of sub-regions of different lengths for a second-largest repetition number of the control information, and wherein an interval of subframes to which the first plurality of sub-regions are mapped is greater than an interval of subframes to which the second plurality of sub-regions are mapped; and transmitting, by the communication apparatus, the one or more repetitions of the control information.
6. The communication method according to claim 5, wherein the first plurality of sub-regions are determined based on the largest repetition number of the control information, and the second plurality of sub-regions are determined based on the second-largest repetition number of the control information.
6. The communication method according to claim 5, wherein the first plurality of sub-regions are determined based on the largest repetition number of the control information, and the second plurality of sub-regions are determined based on the second-largest repetition number of the control information.
7. The communication method according to claim 5, wherein the first plurality of sub-regions for the largest repetition number of the control information are mapped to a same starting subframe, and the second plurality of sub-regions for the second-largest repetition number of the control information are mapped to a same starting subframe.
7. The communication method according to claim 5, wherein the first plurality of sub-regions for the largest repetition number of the control information are mapped to a same starting subframe, and the second plurality of sub-regions for the second-largest repetition number of the control information are mapped to a same starting subframe.
8. The communication method according to claim 5, wherein the search space region is determined based on physical layer signaling.
8. The communication method according to claim 5, wherein the search space region is determined based on physical layer signaling.
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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 11,777,688. Although the claims at issue are not identical, they are not patentably distinct from each other because slight variation of wordings does not change the scope of the claims. One skill in the art would recognize that the instant claims are fall within the scope of the issued claims 1-4 for Patent No. 11,777,688.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 12,143,336. Although the claims at issue are not identical, they are not patentably distinct from each other because slight variation of wordings does not change the scope of the claims. One skill in the art would recognize that the instant claims are fall within the scope of the issued claims 1-4 for Patent No. 12,143,336.
Conclusion
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob A. Phunkulh whose telephone number is (571) 272-3083. The examiner can normally be reached on Monday-Thursday from 8:00 A.M. to 5:00 P.M. (first week of the bi-week) and Monday-Friday (for second week of the bi-week).
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/BOB A PHUNKULH/Primary Examiner, Art Unit 2412
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