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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "the inter-polarization co-phasing value Cl" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the inter-polarization co-phasing value Cl" in line 4. There is insufficient antecedent basis for this limitation in the claim.
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 1-2, 4, 9-10, 12, 17-18 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 8-12, and 15-19 of copending Application No. 19/051,038 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
Independent Claims (instant application) 1, 9 and 17 are combinations of claims 1 and 5 (US 19/051,038 co-pending), claims 8 and 12 claims (US 19/051,038 co-pending), claims 15 and 19 (US 19/051,038 co-pending), respectively, and substantially disclose the corresponding claim limitations as highlighted in the table above (see mapping below).
As can be seen, the slight difference is that the instant claim recites “a channel state information (CSI) report, the information indicating an antenna port group” in lieu of “a channel state information (CSI) report, the information indicating (i) codebookType set to ‘typeI-SinglePanel-r19’, (ii) codebookMode set to either ‘ModeA’ or ‘ModeB’, and (iii) P.sub.CSI-RS CSI reference signal (CSI-RS) antenna ports” recited in claims of the Co-Pending Application 19/051,038.
The minor difference would be obvious to one skilled in the art since each of the respective elements perform the same function. The obvious variation in the wording does not change claim scope.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
18/912,509 (instant)
19/051,038 (co-pending)
1. A user equipment (UE) comprising: a transceiver configured to receive information about a channel state information (CSI) report, the information indicating
an antenna port group;
and a processor operably coupled to the transceiver, the processor configured to: determine, based on the information,
a spatial domain (SD) basis vector bl for each layer l=1,2…,v; and determine, based on the information, an inter-polarization coefficient value cl for each layer l=1,2…,v, where v is a rank value,
wherein the transceiver is further configured to transmit the CSI report including a precoding matrix indicator (PMI),
wherein the PMI indicates the SD basis vector and the inter-polarization coefficient value.
1. A user equipment (UE) comprising: a transceiver configured to receive information about a channel state information (CSI) report, the information indicating (i) codebookType set to ‘typeI-SinglePanel-r19’, (ii) codebookMode set to either ‘ModeA’ or ‘ModeB’, and (iii) P.sub.CSI-RS CSI reference signal (CSI-RS) antenna ports, where P.sub.CSI-RS>32;
and a processor operably coupled to the transceiver, the processor, based on the information, configured to determine the CSI report associated with the CSI-RS antenna ports,
the CSI report including a precoding matrix indicator (PMI),wherein the transceiver is further configured to transmit the CSI report.
5. The UE of claim 1, when codebookMode is set to 'ModeB', for a rank value v = 1, 2, 3, or 4, the PMI includes: a first indicator for spatial domain (SD) basis vector b1 for each layer l= 1,2 ..., v, and a second indicator for inter-polarization coefficient value cl for each layer l= 1,2 ...,v,
where:the first and second indicators indicate a precoding matrix as follows:=1b1---VVPCSI-RSC1b1''''b1 is a two-dimensional (2D) discrete Fourier transform (DFT) vector, andCl E {1, -1, j, -j} for l = 1,2 ..., v.
9. A base station (BS) comprising: a processor; and a transceiver operably coupled to the processor, the transceiver configured to: transmit information about a channel state information (CSI) report, the information indicating
an antenna port group;
and receive the CSI report that includes a precoding matrix indicator (PMI),
wherein the PMI indicates (i) a spatial domain (SD) basis vector bl for each layer l=1,2…,v and (ii) an inter-polarization coefficient value cl for each layer l=1,2…,v, where v is a rank value.
8. A base station comprising: a processor; and a transceiver operably coupled to the processor, the transceiver configured to:transmit information about a channel state information (CSI) report, the information indicating (i) codebookType set to 'typel-SinglePanel-r9', (ii) codebookMode set to either 'ModeA' or 'ModeB', and (iii) PCSI-RS CSI reference signal (CSI-RS) antenna ports, where PCSI-RS> 32;
and receive the CSI report associated with the CSI-RS antenna ports, the CSI report including a precoding matrix indicator (PMI).
12. The BS of claim 8, when codebookMode is set to 'ModeB', for a rank value v = 1, 2, 3, or 4, the PMI includes:a first indicator for spatial domain (SD) basis vector bl for each layer l= 1,2 ...,v, and a second indicator for inter-polarization coefficient value cl for each layer l= 1,2 .where:the first and second indicators indicate a precoding matrix as follows: bl is a two-dimensional (2D) discrete Fourier transform (DFT) vector, and Cl E {1, -1, j, -j} for l = 1,2 ..., v
17. A method performed by a user equipment (UE), the method comprising: receiving information about a channel state information (CSI) report, the information indicating
an antenna port group;
determining, based on the information, a spatial domain (SD) basis vector bl for each layer l=1,2…,v; determining, based on the information, an inter-polarization coefficient value cl for each layer l=1,2…,v, where v is a rank value;
and transmitting the CSI report including a precoding matrix indicator (PMI),
wherein the PMI indicates the SD basis vector and the inter-polarization coefficient value.
15. A method performed by a user equipment (UE), the method comprising: receiving information about a channel state information (CSI) report, the information indicating (i) codebookType set to 'typel-SinglePanel-r19', (ii) codebookMode set to either 'ModeA' or 'ModeB', and (iii) PcsI-RS CSI reference signal (CSI-RS) antenna ports, where PcsI-RS>32;
based on the information, determining the CSI report associated with the CSI-RS antenna ports,
the CSI report including a precoding matrix indicator (PMI); and transmitting the CSI report.
19. The method of claim 15, when codebookMode is set to 'ModeB', for a rank value v =2, 3, or 4, the PMI includes: a first indicator for spatial domain (SD) basis vector bl for each layer l= 1,2 ...,v, and a second indicator for inter-polarization coefficient value cl for each layer l= 1,2 .where: the first and second indicators indicate a precoding matrix as follows: F b1 b2---C1b1c2b2---bl is a two-dimensional (2D) discrete Fourier transform (DFT) vector, and cl E {1, -1, j, -j} for l = 1,2 ...,v
Regarding Independent Claim 2 (instant application), claim 2 (19/051,038 co-pending), substantially, discloses the corresponding claim limitations.
Regarding Independent Claim 4 (instant application), claim 2 or 3 (19/051,038 co-pending), substantially, discloses the corresponding claim limitations.
Regarding Independent Claim 10 (instant application), claim 9 (19/051,038 co-pending), substantially, discloses the corresponding claim limitations.
Regarding Independent Claim 12 (instant application), claim 10 or 11 (19/051,038 co-pending), substantially, discloses the corresponding claim limitations.
Regarding Independent Claim 18 (instant application), claim 16 (19/051,038 co-pending), substantially, discloses the corresponding claim limitations.
Regarding Independent Claim 20 (instant application), claim 17 or 18 (19/051,038 co-pending), substantially, discloses the corresponding claim limitations.
-------Claims 1, 3, 9, 11, 17 and 19 are also provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 8-9 and 15-16 of copending Application No. 18/952,755 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding Independent Claims 1, 9 and 17 (instant application), claims 1, 8 and 15, respectively (18/952,755 co-pending), substantially disclose the corresponding claim limitations as highlighted in the table above (see mapping below).
As can be seen, the slight difference is that the instant claim recites “a channel state information (CSI) report, the information indicating an antenna port group” in lieu of “a channel state information (CSI) report, the information indicating: (i) an antenna port group, (ii) wideband (WB) or sub-band (SB) reporting, and (iii) a physical uplink control channel (PUCCH) format X” recited in claims of the Co-Pending Application 18/952,755.
The minor difference would be obvious to one skilled in the art since each of the respective elements perform the same function. The obvious variation in the wording does not change claim scope.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
18/912,509 (instant)
18/952,755 (co-pending)
1. A user equipment (UE) comprising: a transceiver configured to receive information about a channel state information (CSI) report, the information indicating an antenna port group;
and a processor operably coupled to the transceiver, the processor configured to: determine, based on the information, a spatial domain (SD) basis vector bl for each layer l=1,2…,v; and determine, based on the information, an inter-polarization coefficient value cl for each layer l=1,2…,v, where v is a rank value,
wherein the transceiver is further configured to transmit the CSI report including a precoding matrix indicator (PMI),
wherein the PMI indicates the SD basis vector and the inter-polarization coefficient value.
1. A user equipment (UE) comprising: a transceiver configured to receive information about a channel state information (CSI) report, the information indicating: (i) an antenna port group, (ii) wideband (WB) or sub-band (SB) reporting, and (iii) a physical uplink control channel (PUCCH) format X, where X=2, 3, or 4;
and a processor operably coupled to the transceiver, the processor configured to: determine, based on the information, a spatial domain (SD) basis vector b.sub.l for each layer l=1,2 . . . , v, where v is a rank value; determine, based on the information, an inter-polarization coefficient value c.sub.l for each layer l=1,2 . . . , v; and determine, based on the information, a channel quality indicator (CQI), wherein the transceiver is further configured to transmit the CSI report on the PUCCH format X, wherein the CSI report includes a rank indicator (RI), a precoding matrix indicator (PMI), and the CQI, wherein the PMI indicates the SD basis vector and the inter-polarization coefficient value, and wherein the RI indicates the rank value.
9. A base station (BS) comprising: a processor; and a transceiver operably coupled to the processor, the transceiver configured to: transmit information about a channel state information (CSI) report, the information indicating an antenna port group;
and receive the CSI report that includes a precoding matrix indicator (PMI), wherein the PMI indicates (i) a spatial domain (SD) basis vector bl for each layer l=1,2…,v and (ii) an inter-polarization coefficient value cl for each layer l=1,2…,v, where v is a rank value.
8. A base station (BS) comprising: a processor; and a transceiver operably coupled to the processor, the transceiver configured to: transmit information about a channel state information (CSI) report, the information indicating: (i) an antenna port group, (ii) wideband (WB) or sub-band (SB) reporting, and (iii) a physical uplink control channel (PUCCH) format X, where X=2, 3, or 4;
and receive the CSI report on the PUCCH format X, wherein the CSI report includes a rank indicator (RI), a precoding matrix indicator (PMI), and a channel quality indicator (CQI), wherein the PMI indicates (i) a spatial domain (SD) basis vector b.sub.l for each layer l=1,2 . . . , v, where v is a rank value, and (ii) an inter-polarization coefficient value c.sub.l for each layer l=1,2 . . . , v, wherein the RI indicates the rank value.
17. A method performed by a user equipment (UE), the method comprising: receiving information about a channel state information (CSI) report, the information indicating
an antenna port group;
determining, based on the information, a spatial domain (SD) basis vector bl for each layer l=1,2…,v; determining, based on the information, an inter-polarization coefficient value cl for each layer l=1,2…,v, where v is a rank value;
and transmitting the CSI report including a precoding matrix indicator (PMI), wherein the PMI indicates the SD basis vector and the inter-polarization coefficient value.
15. A method performed by a user equipment (UE), the method comprising: receiving information about a channel state information (CSI) report, the information indicating: (i) an antenna port group, (ii) wideband (WB) or sub-band (SB) reporting, and (iii) a physical uplink control channel (PUCCH) format X, where X=2, 3, or 4;
determining, based on the information, a spatial domain (SD) basis vector b.sub.l for each layer l=1,2 . . . , v, where v is a rank value; determining, based on the information, an inter-polarization coefficient value c.sub.l for each layer l=1,2 . . . , v; determining, based on the information, a channel quality indicator (CQI);
and transmitting the CSI report on the PUCCH format X, wherein the CSI report includes a rank indicator (RI), a precoding matrix indicator (PMI), and the CQI, wherein the PMI indicates the SD basis vector and the inter-polarization coefficient value, and wherein the RI indicates the rank value.
Regarding Independent Claim 3 (instant application), claim 2 (18/952,755 co-pending), substantially, discloses the corresponding claim limitations.
Regarding Independent Claim 11 (instant application), claim 9 (18/952,755 co-pending), substantially, discloses the corresponding claim limitations.
Regarding Independent Claim 19 (instant application), claim 16 (18/952,755 co-pending), substantially, discloses the corresponding claim limitations.
Claim Objections
Claims 5-7 and 13-15 are objected to as being dependent upon a rejected base claim, but would be allowable if terminal disclaimer is filed to overcome the above double patent rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
20220368386 or US 20220286176 A or US 20220224391 A1 or US 20220052732 A1 or US 20220149915 A1 or US 20250159518 A1 or US 20250055528 A1.
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/EMMANUEL BAYARD/Primary Examiner, Art Unit 2633