DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
This application discloses and claims only subject matter disclosed in prior application no 13/256,618, filed 09/14/2011, 16/862,353, filed 04/29/2020 and 18/365,811, filed 08/04/2023, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes as a continuation of the above-mentioned applications.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/10/2024 is considered. The submission is in compliance with the provisions of 37 CFR 1.97.
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over respective claims of U.S. Patent No. 12,150,160 (hereinafter US Pat. 160) in view of the implied teachings of US Pat. 160.
Regarding claim 1 of the application, claim 1 of US Pat. 160 shows:
Application
US Pat. 160
1. An integrated circuit, comprising:
transmission circuitry, which, in operation, controls transmitting on a first downlink component carrier first downlink control information including a first transmission power control (TPC) field related to a Physical Uplink Control Channel (PUCCH) and first downlink data, and transmitting on a second downlink component carrier second downlink control information including a second TPC field related to the PUCCH and second downlink data; and
reception circuitry, which, in operation, controls receiving an ACK/NACK response signal on a first uplink component carrier associated with the first downlink component carrier, the ACK/NACK response signal being mapped into a position of a resource of the PUCCH determined using the second TPC field and being transmitted at a transmission power determined from the first TPC field.
1. A base station, comprising:
a transmitter, which, in operation, transmits on a first downlink component carrier first downlink control information including a first transmission power control (TPC) field related to a Physical Uplink Control Channel (PUCCH) and first downlink data, and transmits on a second downlink component carrier second downlink control information including a second TPC field related to the PUCCH and second downlink data;
a receiver, which, in operation, receives an ACK/NACK response signal on a first uplink component carrier associated with the first downlink component carrier, the ACK/NACK response signal being mapped into a position of a resource of the PUCCH determined using the second TPC field and being transmitted at a transmission power determined from the first TPC field.
The difference between the claimed invention of the application compared to the claimed invention of US Pat. 160 is that the claimed invention of the application is directed to an integrated circuit, while the claimed invention of US Pat. 160 is directed to a base station. Therefore, US Pat. 160 does not specifically show the integrated circuit.
However, the disclosure of US Pat. 160 shows the embodiment of an integrated circuit performing the disclosed method (col. 33, lines 33-39).
In view of the above, having the system of US Pat. 160, then given the disclosed teaching of US Pat. 160, it would have been obvious before the effective filing date of the claimed invention to modify the system of US Pat. 160 as taught by US Pat. 160, in order to provide motivation for an efficient communication of signaling between devices in a network.
Regarding claim 2 of the application, claim 2 of modified US Pat. 160 shows:
Application
US Pat. 160
2. The integrated circuit according to claim 1, wherein the second downlink control information includes resource assignment information indicating a resource allocated to the second downlink data transmitted on the second downlink component carrier.
2. The base station according to claim 1, wherein the second downlink control information includes resource assignment information indicating a resource allocated to the second downlink data transmitted on the second downlink component carrier.
Regarding claim 3 of the application, claim 3 of modified US Pat. 160 shows:
Application
US Pat. 160
3. The integrated circuit according to claim 1, wherein the ACK/NACK response signal includes ACK/NACK for the first downlink data transmitted on the first downlink component carrier and ACK/NACK for the second downlink data transmitted on the second downlink component carrier.
3. The base station according to claim 1, wherein the ACK/NACK response signal includes ACK/NACK for the first downlink data transmitted on the first downlink component carrier and ACK/NACK for the second downlink data transmitted on the second downlink component carrier.
Regarding claim 4 of the application, claim 7 of modified US Pat. 160 shows:
Application
US Pat. 160
4. The integrated circuit according to claim 1, wherein the transmission circuitry, in operation, controls transmitting on the first downlink component carrier information associated with the first downlink component carrier, and transmitting on the second downlink component carrier information associated with the second downlink component carrier.
7. The base station according to claim 1, wherein the transmitter, in operation, transmits on the first downlink component carrier information associated with the first downlink component carrier, and transmits on the second downlink component carrier information associated with the second downlink component carrier.
Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over respective claims of U.S. Patent No. 11,765,760 (hereinafter US Pat. 760) in view of the implied teachings of US Pat. 760.
Regarding claim 1 of the application, claim 1 of US Pat. 760 shows:
Application
US Pat. 760
1. An integrated circuit, comprising:
transmission circuitry, which, in operation, controls transmitting on a first downlink component carrier first downlink control information including a first transmission power control (TPC) field related to a Physical Uplink Control Channel (PUCCH) and first downlink data, and transmitting on a second downlink component carrier second downlink control information including a second TPC field related to the PUCCH and second downlink data; and
reception circuitry, which, in operation, controls receiving an ACK/NACK response signal on a first uplink component carrier associated with the first downlink component carrier, the ACK/NACK response signal being mapped into a position of a resource of the PUCCH determined using the second TPC field and being transmitted at a transmission power determined from the first TPC field.
1. A terminal apparatus, comprising:
a receiver, which, in operation, receives on a first downlink component carrier first downlink control information including a first transmission power control (TPC) field related to a Physical Uplink Control Channel (PUCCH) and-a first downlink data, and receives on a second downlink component carrier second downlink control information including a second TPC field related to the PUCCH and-a second downlink data;
circuitry, which, in operation, maps an ACK/NACK response signal, on a first uplink component carrier associated with the first downlink component carrier, into a position of a resource of the PUCCH determined using the second TPC field included in the second downlink control information received on the second downlink component carrier; and
a transmitter, which, in operation, transmits the ACK/NACK response signal at a transmission power determined from the first TPC field.
The difference between the claimed invention of the application compared to the claimed invention of US Pat. 760 is that the claimed invention of the application is directed to an integrated circuit (on the transmitting side), while the claimed invention of US Pat. 760 is directed to a terminal apparatus (receiving side). Therefore, US Pat. 760 does not specifically show the integrated circuit.
However, it is implied in the claimed invention of US Pat. 760 that the terminal apparatus interacts with a corresponding base station (i.e. receiving TPC commands on the downlink and transmitting a response signal on a PUCCH resource.) that includes an integrated circuit (col. 33, lines 30-36).
In view of the above, having the system of US Pat. 760, then given the implied teaching of US Pat. 760, it would have been obvious before the effective filing date of the claimed invention to modify the system of US Pat. 760 as taught by US Pat. 760, in order to provide motivation for an efficient communications of signaling between devices in a network.
Regarding claim 2 of the application, claim 2 of modified US Pat. 760 shows:
Application
US Pat. 760
2. The integrated circuit according to claim 1, wherein the second downlink control information includes resource assignment information indicating a resource allocated to the second downlink data transmitted on the second downlink component carrier.
2. The terminal apparatus according to claim 1, wherein the second downlink control information includes resource assignment information indicating a resource allocated to the second downlink data transmitted on the second downlink component carrier.
Regarding claim 3 of the application, claim 3 of modified US Pat. 760 shows:
Application
US Pat. 760
3. The integrated circuit according to claim 1, wherein the ACK/NACK response signal includes ACK/NACK for the first downlink data transmitted on the first downlink component carrier and ACK/NACK for the second downlink data transmitted on the second downlink component carrier.
3. The terminal apparatus according to claim 1, wherein the ACK/NACK response signal includes ACK/NACK for the first downlink data transmitted on the first downlink component carrier and ACK/NACK for the second downlink data transmitted on the second downlink component carrier.
Regarding claim 4 of the application, claim 4 of modified US Pat. 760 shows:
Application
US Pat. 760
4. The integrated circuit according to claim 1, wherein the transmission circuitry, in operation, controls transmitting on the first downlink component carrier information associated with the first downlink component carrier, and transmitting on the second downlink component carrier information associated with the second downlink component carrier.
4. The terminal apparatus according to claim 1, wherein the receiver, in operation, receives on the first downlink component carrier information associated with the first downlink component carrier, and receives on the second downlink component carrier information associated with the second downlink component carrier.
Claims 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over respective claims of U.S. Patent No. 10,681,709 (hereinafter US Pat. 709) in view of implied teachings of US Pat. 709.
Regarding claim 1 of the application, claim 1 of US Pat. 709 shows:
Application
US Pat. 709
1. An integrated circuit, comprising:
transmission circuitry, which, in operation, controls transmitting on a first downlink component carrier first downlink control information including a first transmission power control (TPC) field related to a Physical Uplink Control Channel (PUCCH) and first downlink data, and transmitting on a second downlink component carrier second downlink control information including a second TPC field related to the PUCCH and second downlink data; and
reception circuitry, which, in operation, controls receiving an ACK/NACK response signal on a first uplink component carrier associated with the first downlink component carrier, the ACK/NACK response signal being mapped into a position of a resource of the PUCCH determined using the second TPC field and being transmitted at a transmission power determined from the first TPC field.
1. A terminal apparatus, comprising:
a receiver, which, in operation, receives at least one of a first transmission power control (TPC) field on a first downlink component carrier and a second TPC field on a second downlink component carrier that is different from the first downlink component carrier, and receives at least one of first downlink data on the first downlink component carrier and second downlink data on the second downlink component carrier;
error detection circuitry, which, in operation, performs error detection on at least one of the first downlink data and the second downlink data and generates an ACK/NACK response signal that indicates a result of the error detection; and
a transmitter, which, in operation, in response to the first downlink component carrier and the second component carrier not being in discontinuous reception (DRX), determines, based on a value in the second TPC field, an index value of a starting Physical Uplink Control Channel (PUCCH) resource out of a plurality of index values of a plurality of PUCCH resources defined in an PUCCH area on a first uplink component carrier corresponding to the first downlink component carrier, transmits the ACK/NACK response signal on the starting PUCCH resource of the determined index value of the first uplink component carrier at a transmission power determined from a value in the first TPC field; and
in response to the first downlink component carrier being in discontinuous reception (DRX), the transmitter transmits the ACK/NACK response signal at a transmission power determined from the value in the second TPC field.
The difference between the claimed invention of the application compared to the claimed invention of US Pat. 709 is that the claimed invention of the application is directed to an integrated circuit (on the transmitting side), while the claimed invention of US Pat. 709 is directed to a terminal apparatus (receiving side). Therefore, US Pat. 709does not specifically show the integrated circuit.
However, it is implied in the claimed invention of US Pat. 709 that the terminal apparatus interacts with a corresponding base station (i.e. receiving TPC commands on the downlink and transmitting a response signal on a PUCCH resource.) that includes an integrated circuit (col. 33, lines 23-29).
In view of the above, having the system of US Pat. 709, then given the implied teaching of US Pat. 709, it would have been obvious before the effective filing date of the claimed invention to modify the system of US Pat. 709 as taught by US Pat. 709, in order to provide motivation for an efficient communications of signaling between devices in a network.
Regarding claim 2 of the application, claim 2 of modified US Pat. 709 shows:
Application
US Pat. 709
2. The integrated circuit according to claim 1, wherein the second downlink control information includes resource assignment information indicating a resource allocated to the second downlink data transmitted on the second downlink component carrier.
2. The terminal apparatus according to claim 1, wherein the receiver receives resource assignment information indicating a resource allocated to the second downlink data transmitted on the second downlink component carrier.
Claims 3 and 4 are rejected on the ground of nonstatutory double patenting as being unpatentable over US Pat. 709 in view of US Pat. 760.
Regarding claim 3 of the application, modified US Pat. 709 shows all of the elements except wherein the ACK/NACK response signal includes ACK/NACK for the first downlink data transmitted on the first downlink component carrier and ACK/NACK for the second downlink data transmitted on the second downlink component carrier.
However, the above-mentioned claim limitations are well-established in the art as evidenced by US Pat. 760. Specifically, US Pat. 760 shows wherein the ACK/NACK response signal includes ACK/NACK for the first downlink data transmitted on the first downlink component carrier and ACK/NACK for the second downlink data transmitted on the second downlink component carrier (US Pat. 760 – claim 3).
In view of the above, having the system of US Pat. 709, then given the well-established teaching of US Pat. 760, it would have been obvious before the effective filing date of the claimed invention to modify the system of US Pat. 709 as taught by US Pat. 760, in order to provide motivation for an efficient communications of signaling between devices in a network.
Regarding claim 4 of the application, modified claim of US Pat. 709 shows all of the elements except wherein the transmission circuitry, in operation, controls transmitting on the first downlink component carrier information associated with the first downlink component carrier, and transmitting on the second downlink component carrier information associated with the second downlink component carrier.
However, the above-mentioned claim limitations are well-established in the art as evidenced by US Pat. 760. Specifically, US Pat. 760 shows wherein the transmission circuitry, in operation, controls transmitting on the first downlink component carrier information associated with the first downlink component carrier, and transmitting on the second downlink component carrier information associated with the second downlink component carrier (US Pat. 760 – claim 4).
In view of the above, having the system of US Pat. 709, then given the well-established teaching of US Pat. 760, it would have been obvious before the effective filing date of the claimed invention to modify the system of US Pat. 709 as taught by US Pat. 760, in order to provide motivation for an efficient communications of signaling between devices in a network.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20140204888 A1 - METHOD FOR DETECTING CONTROL INFORMATION IN WIRELESS COMMUNICATION SYSTEM
US 20110122825 A1 - METHOD AND APPARATUS OF RECEIVING DATA IN WIRELESS COMMUNICATION SYSTEM
US 20100172313 A1 - SEMI-PERSISTENT SCHEDULING RESOURCE RELEASE WITH DRX COMMAND
US 20090245194 A1 - DYNAMIC ASSIGNMENT OF ACK RESOURCE IN A WIRELESS COMMUNICATION SYSTEM
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/REDENTOR PASIA/Primary Examiner, Art Unit 2413
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