DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Application
2 This instant Office Action is in response to Original Filing filed on 10/24/2024.
3. This Office Action is made Non-Final.
4. Claims 1-20 are pending.
Information Disclosure Statement
5. The information disclosure statement (IDS) submitted on 10/24/24, 10/24/24, 2/6/25, 2/6/25, 3/13/25, 3/25/25, 4/17/25, 9/5/25, 12/24/25 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement 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.
6. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of Patent No. 12,167,404; Claims 1-20 of Patent No. 11,382,121, and Claims 1, 11 of Patent No. US 11,800,524. Although the claims at issue are not identical, they are not patentably distinct from each other because they are claiming similar subject matter relating to a UE receiving configuration information, profiles and parameters from the network/base station associated with uplink resources with different conditions in order to control signaling.
Note that the table below compares the claims of the present invention with the relevant claims in the Patent Application, wherein each claim that are similar or exact are in the same box side by side.
Current Con AP 18/925,798
Patent No. US 12,167,404
Patent No. US 11,382,121
1. A base station comprising a processor and transceiver, the processor and transceiver configured to: send configuration information to a wireless transmit/receive unit (WTRU), the configuration information comprising a first physical uplink control channel (PUCCH) configuration associated with a first set of PUCCH resources and a second PUCCH configuration associated with a second set of PUCCH resources, wherein the first set of PUCCH resources associated with the first PUCCH configuration are associated with a first transmission profile and the second set of PUCCH resources associated with the second PUCCH configuration are associated with a second transmission profile; send a first physical downlink control channel (PDCCH) transmission to the WTRU, the first PDCCH transmission comprising first downlink control information (DCI), wherein the first DCI comprises a first resource indicator; and receive uplink control information (UCI) from the WTRU, wherein the UCI is received via a first physical uplink control channel (PUCCH) resource, the first PUCCH resource is comprised in the first set of PUCCH resources associated with the first PUCCH configuration on a condition that the DCI indicates that the UCI is to be sent using the first transmission profile, and the first PUCCH resource is comprised in the second set of PUCCH resources associated with the second PUCCH configuration on a condition that the DCI indicates that the UCI is to be sent using the second transmission profile.
1. A wireless transmit/receive unit (WTRU) comprising: a processor configured to: receive configuration information comprising a first physical uplink control channel (PUCCH) configuration associated with a first set of PUCCH resources and a second PUCCH configuration associated with a second set of PUCCH resources, wherein the first set of PUCCH resources associated with the first PUCCH configuration are associated with a first transmission profile and the second set of PUCCH resources associated with the second PUCCH configuration are associated with a second transmission profile; receive a first physical downlink control channel (PDCCH) transmission comprising first downlink control information (DCI), wherein the first DCI comprises a first resource indicator; determine whether a first uplink transmission is to be performed using the first transmission profile or the second transmission profile based on the first DCI; select a first PUCCH resource based on the first resource indicator, wherein the first PUCCH resource is comprised in the first set of PUCCH resources associated with the first PUCCH configuration on a condition that the first uplink transmission is determined to be performed using the first transmission profile based on the DCI and the first PUCCH resource is comprised in the second set of PUCCH resources associated with the second PUCCH configuration on a condition that the first uplink transmission is determined to be performed using the second transmission profile based on the DCI; and transmit the first uplink transmission using the selected first PUCCH resource.
1. A wireless transmit/receive unit (WTRU) comprising: a processor configured to: receive a first physical downlink control channel (PDCCH) transmission comprising a first downlink control information (DCI), wherein the first DCI indicates a first priority level associated with a scheduled first uplink channel transmission; receive a second PDCCH transmission comprising a second DCI, wherein the second DCI indicates a second priority level associated with a scheduled second uplink channel transmission; and transmit information associated with one or more of the scheduled first uplink transmission or the scheduled second uplink transmission, wherein the processor is further configured to: on a condition that the first priority level associated with the scheduled first uplink channel transmission is equal to the second priority level associated with the scheduled second uplink channel transmission and a first set of resources associated with the scheduled first uplink channel transmission overlaps with a second set of resources associated with the scheduled second uplink channel transmission: transmit multiplexed information, wherein the multiplexed information comprises information associated with the scheduled first uplink channel transmission multiplexed with information associated with the scheduled second uplink channel transmission, wherein the multiplexed information is transmitted using a physical uplink control channel transmission or a physical uplink shared channel transmission.
Analysis: In comparing the pending application with the Patents they are claiming similar subject matter relating to a UE receiving a first physical downlink control channel (PDCCH) transmission comprising first downlink control information (DCI), determine transmission profile such as priority level or mode for uplink transmissions which are PUSCH or PUCCH based on DCI and transmission profile.
2. The base station of claim 1, wherein the UCI comprises hybrid automatic repeat request (HARQ) acknowledgement/non-acknowledgement (ACK/NACK) feedback.
3. The base station of claim 1, wherein the first resource indicator is an acknowledgement/non-acknowledgement (ACK/NACK) resource indicator (ARI).
4. The base station of claim 1, wherein one or more of a format associated with the UCI, a number of symbols associated with reception of the UCI, or a numerology associated with the reception of the UCI is different depending on whether the UCI is associated with the first transmission profile or the second transmission profile.
5. The base station of claim 4, wherein the numerology associated with reception of the UCI comprises one or more of a subcarrier spacing, a length of a cyclic prefix, or a number of symbols per slot.
12. The method of claim 11, wherein the UCI comprises hybrid automatic repeat request (HARQ) acknowledgement/non-acknowledgement (ACK/NACK) feedback.
13. The method of claim 11, wherein the first resource indicator is an acknowledgement/non-acknowledgement (ACK/NACK) resource indicator (ARI).
14. The method of claim 11, wherein one or more of a format associated with the UCI, a number of symbols associated with reception of the UCI, or a numerology associated with the reception of the UCI is different depending on whether the UCI is associated with the first transmission profile or the second transmission profile.
15. The method of claim 14, wherein the numerology associated with reception of the UCI comprises one or more of a subcarrier spacing, a length of a cyclic prefix, or a number of symbols per slot.
2. The WTRU of claim 1, wherein the first uplink transmission comprises hybrid automatic repeat request (HARQ) acknowledgement/non-acknowledgement (ACK/NACK) feedback.
3. The WTRU of claim 1, wherein the first resource indicator is an acknowledgement/non- acknowledgement (ACK/NACK) resource indicator (ARI).
4. The WTRU of claim 1, wherein the processor is further configured to determine one or more of the following based on the first transmission profile or the second transmission profile: a format associated with the first uplink transmission, a number of symbols associated with the first uplink transmission, or a numerology associated with the first uplink transmission.
5. The WTRU of claim 4, wherein the numerology associated with the uplink transmission comprises one or more of a subcarrier spacing, a length of a cyclic prefix, or a number of symbols per slot.
13. The method of claim 12, wherein the first uplink transmission comprises hybrid automatic repeat request (HARD) acknowledgement/non-acknowledgement (ACK/NACK) feedback.
14. The method of claim 12, wherein the resource indicator is an acknowledgement/non-acknowledgement (ACK/NACK) resource indicator (ARI).
15. The method of claim 12, further comprising determining one or more of the following based on the first transmission profile or the second transmission profile: a format associated with the first uplink transmission, a number of symbols associated with the first uplink transmission, or a numerology associated with the first uplink transmission.
16. The method of claim 15, wherein the numerology associated with the first uplink transmission comprises one or more of a subcarrier spacing, a length of a cyclic prefix, or a number of symbols per slot.
9. The WTRU of claim 1, wherein the information associated with the scheduled first uplink channel transmission comprises control information, and the information associated with the scheduled second uplink channel transmission comprises control information or data information.
10. The WTRU of claim 9, wherein the control information comprises hybrid automatic repeat request (HARQ) feedback information or uplink control information (UCI), and wherein the data information comprises uplink data.
19. The method of claim 11, wherein the information associated with the scheduled first uplink channel transmission comprises control information, and the information associated with the scheduled second uplink channel transmission comprises control information or data information.
20. The method of claim 19, wherein the control information comprises hybrid automatic repeat request (HARQ) feedback information or uplink control information (UCI), and wherein the data information comprises uplink data.
Analysis: In comparing the pending application with the Patents they are claiming similar subject matter relating UE transmitting uplink information such as ACK/NACK and transmitting uplink control information using uplink channel.
6. The base station of claim 1, wherein the DCI comprises a field, the field indicating one of the first transmission profile or the second transmission profile.
7. The base station of claim 1, wherein the first transmission profile is associated with a first priority level and the second transmission profile is associated with a second priority level.
8. The base station of claim 1, wherein one or more of a type of code associated with reception of the UCI, a code rate associated with reception of the UCI, or a length of a cyclic redundancy check (CRC) associated with reception of the UCI is different depending on whether the UCI is associated with the first transmission profile or the second transmission profile
9. The base station of claim 1, wherein the first transmission profile is associated with a first type of transmission and the second transmission profile is associated with a second type of transmission.
10. The base station of claim 9, wherein the first type of transmission is an ultra-reliable low latency communication (URLLC) transmission, and the second type of transmission is a non-URLLC transmission.
16. The method of claim 11, wherein the DCI comprises a field, the field indicating one of the first transmission profile or the second transmission profile.
17. The method of claim 11, wherein the first transmission profile is associated with a first priority level and the second transmission profile is associated with a second priority level.
18. The method of claim 11, wherein one or more of a type of code associated with reception of the UCI, a code rate associated with reception of the UCI, or a length of a cyclic redundancy check (CRC) associated with reception of the UCI is different depending on whether the UCI is associated with the first transmission profile or the second transmission profile
19. The method of claim 11, wherein the first transmission profile is associated with a first type of transmission and the second transmission profile is associated with a second type of transmission.
20. The method of claim 19, wherein the first type of transmission is an ultra-reliable low latency communication (URLLC) transmission, and the second type of transmission is a non-URLLC transmission.
6. The WTRU of claim 1, wherein the DCI comprises a field, the field indicating whether the first uplink transmission is to be performed using the first transmission profile or the second transmission profile.
7. The WTRU of claim 1, wherein the first transmission profile is associated with a first priority level and the second transmission profile is associated with a second priority level, and wherein the processor is further configured to: determine that a priority level of the first uplink transmission is higher than a priority level of a second uplink transmission; and drop the second uplink transmission based on the priority level of the first uplink transmission being higher than the priority level of the second uplink transmission.
8. The WTRU of claim 1, wherein the processor is further configured to determine, based on the first transmission profile or the second transmission profile, one or more of a type of code associated with the first uplink transmission, a code rate associated with the first uplink transmission, or a length of a cyclic redundancy check (CRC) associated with the first uplink transmission.
9. The WTRU of claim 1, wherein the processor is further configured to determine a transmission power level for the first uplink transmission based on the first transmission profile or the second transmission profile, and wherein the first uplink transmission is transmitted using the determined transmission power level.
17. The method of claim 12, wherein the DCI comprises a field, the field indicating whether the first uplink transmission is to be performed using the first transmission profile or the second transmission profile.
18. The method of claim 10, wherein the first transmission profile is associated with a first priority level and the second transmission profile is associated with a second priority level, and wherein the method further comprises: determining that a priority level of the first uplink transmission is higher than a priority level of a second uplink transmission; and dropping the second uplink transmission based on the priority level of the first uplink transmission being higher than the priority level of the second uplink transmission.
19. The method of claim 12, further comprising determining, based on the first transmission profile or the second transmission profile, one or more of a type of code associated with the first uplink transmission, a code rate associated with the first uplink transmission, or a length of a cyclic redundancy check (CRC) associated with the first uplink transmission.
20. The method of claim 12, further comprising determining a transmission power level for the first uplink transmission based on the first transmission profile or the second transmission profile, wherein the first uplink transmission is transmitted using the determined transmission power level.
2. The WTRU of claim 1, wherein the processor is further configured to: on a condition that the first priority level associated with the scheduled first uplink channel transmission is higher than the second priority level associated with the scheduled second uplink channel transmission and the first set of resources associated with the scheduled first uplink channel transmission overlaps with the second set of resources associated with the scheduled second uplink channel transmission: drop the scheduled second uplink channel transmission, and transmit information associated with the scheduled first uplink channel transmission using the physical uplink control channel transmission or the physical uplink shared channel transmission.
3. The WTRU of claim 2, wherein the first DCI or the second DCI is associated with a physical downlink shared channel (PDSCH) transmission.
4. The WTRU of claim 3, wherein the first priority level is associated with a physical downlink shared channel (PDSCH) on which the PDSCH transmission is received, or a physical uplink control channel (PUCCH) on which feedback associated with the PDSCH transmission is sent.
5. The WTRU of claim 1, wherein the first scheduled uplink channel transmission is a first PUCCH transmission, and the second scheduled uplink channel transmission is a second PUCCH transmission.
6. The WTRU of claim 1, wherein the first DCI or the second DCI is associated with a physical uplink shared channel (PUSCH) transmission.
7. The WTRU of claim 1, wherein the scheduled first uplink channel transmission is a physical uplink control channel (PUCCH) transmission, and the scheduled second uplink channel transmission is a physical uplink shared channel (PUSCH) transmission.
8. The WTRU of claim 1, wherein the first priority level or the second priority level is associated with a transmission profile.
12. The method of claim 11, wherein the method further comprises: on a condition that the first priority level associated with the scheduled first uplink channel transmission is higher than the second priority level associated with the scheduled second uplink channel transmission and the first set of resources associated with the scheduled first uplink channel transmission overlaps with the second set of resources associated with the scheduled second uplink channel transmission: dropping the scheduled second uplink channel transmission, and transmitting information associated with the scheduled first uplink channel transmission using the physical uplink control channel transmission or the physical uplink shared channel transmission.
13. The method of claim 12, wherein the first DCI or the second DCI is associated with a physical downlink shared channel (PDSCH) transmission.
14. The method of claim 13, wherein the first priority level is associated with a physical downlink shared channel (PDSCH) on which the PDSCH transmission is received, or a physical uplink control channel (PUCCH) on which feedback associated with the PDSCH transmission is sent.
15. The method of claim 11, wherein the first scheduled uplink channel transmission is a first PUCCH transmission, and the second scheduled uplink channel transmission is a second PUCCH transmission.
16. The method of claim 11, wherein the first DCI or the second DCI is associated with a physical uplink shared channel (PUSCH) transmission.
17. The method of claim 11, wherein the scheduled first uplink channel transmission is a PUCCH transmission, and the scheduled second uplink channel transmission is a physical uplink shared channel (PUSCH) transmission.
18. The method of claim 11, wherein the first priority level or the second priority level is associated with a transmission profile.
Analysis: In comparing the pending application with the Patents they are claiming similar subject matter relating to UE performing more that on uplink transmissions, performing one or more PUCCH transmissions, determining priority levels associated with transmission profile.
11. A method implemented by a base station, the method comprising: sending configuration information to a wireless transmit/receive unit (WTRU), the configuration information comprising a first physical uplink control channel (PUCCH) configuration associated with a first set of PUCCH resources and a second PUCCH configuration associated with a second set of PUCCH resources, wherein the first set of PUCCH resources associated with the first PUCCH configuration are associated with a first transmission profile and the second set of PUCCH resources associated with the second PUCCH configuration are associated with a second transmission profile; sending a first physical downlink control channel (PDCCH) transmission to the WTRU, the first PDCCH transmission comprising first downlink control information (DCI), wherein the first DCI comprises a first resource indicator; and receiving uplink control information (UCI) from the WTRU, wherein the UCI is received via a first physical uplink control channel (PUCCH) resource, the first PUCCH resource is comprised in the first set of PUCCH resources associated with the first PUCCH configuration on a condition that the DCI indicates that the UCI is to be sent using the first transmission profile, and the first PUCCH resource is comprised in the second set of PUCCH resources associated with the second PUCCH configuration on a condition that the DCI indicates that the UCI is to be sent using the second transmission profile.
12. A method implemented in a WTRU, the method comprising: receiving configuration information comprising a first physical uplink control channel (PUCCH) configuration associated with a first set of PUCCH resources and a second PUCCH configuration associated with a second set of PUCCH resources, wherein the first set of PUCCH resources associated with the first PUCCH configuration are associated with a first transmission profile and the second set of PUCCH resources associated with the second PUCCH configuration are associated with a second transmission profile; receiving a first physical downlink control channel (PDCCH) transmission comprising first downlink control information (DCI), wherein the first DCI comprises a first resource indicator; determining whether a first uplink transmission is to be performed using the first transmission profile or the second transmission profile based on the first DCI; selecting a first PUCCH resource based on the first resource indicator, wherein the first PUCCH resource is comprised in the first set of PUCCH resources associated with the first PUCCH configuration on a condition that the first uplink transmission is determined to be performed using the first transmission profile based on the DCI and the first PUCCH resource is comprised in the second set of PUCCH resources associated with the second PUCCH configuration on a condition that the first uplink transmission is determined to be performed using the second transmission profile based on the DCI; and transmitting the first uplink transmission using the selected first PUCCH resource.
11. An uplink control information (UCI) transmission method comprising: receiving a first physical downlink control channel (PDCCH) transmission comprising a first downlink control information (DCI), wherein the first DCI indicates a first priority level associated with a scheduled first uplink channel transmission; receiving a second PDCCH transmission comprising a second DCI, wherein the second DCI indicates a second priority level associated with a scheduled second uplink channel transmission; and transmitting information associated with one or more of the scheduled first uplink transmission or the scheduled second uplink transmission, wherein the method further comprises: on a condition that the first priority level associated with the scheduled first uplink channel transmission is equal to the second priority level associated with the scheduled second uplink channel transmission and a first set of resources associated with the scheduled first uplink channel transmission overlaps with a second set of resources associated with the scheduled second uplink channel transmission: transmitting multiplexed information, wherein the multiplexed information comprises information associated with the scheduled first uplink channel transmission multiplexed with information associated with the scheduled second uplink channel transmission, wherein the multiplexed information is transmitted using a physical uplink control channel transmission or a physical uplink shared channel transmission.
Analysis: In comparing the pending application with the Patents they are claiming similar subject matter relating to first and second PDCCH/DCI, transmission profiles associated with priority levels used for uplink transmissions relative to set of resources used by UE/user.
Note that the table below compares the claims of the present invention with the relevant claims in the Patent Application, wherein each claim that are similar or exact are in the same box side by side.
Current Con AP 18/925,798
Patent No. US 11,800,524
1. A base station comprising a processor and transceiver, the processor and transceiver configured to: send configuration information to a wireless transmit/receive unit (WTRU), the configuration information comprising a first physical uplink control channel (PUCCH) configuration associated with a first set of PUCCH resources and a second PUCCH configuration associated with a second set of PUCCH resources, wherein the first set of PUCCH resources associated with the first PUCCH configuration are associated with a first transmission profile and the second set of PUCCH resources associated with the second PUCCH configuration are associated with a second transmission profile; send a first physical downlink control channel (PDCCH) transmission to the WTRU, the first PDCCH transmission comprising first downlink control information (DCI), wherein the first DCI comprises a first resource indicator; and receive uplink control information (UCI) from the WTRU, wherein the UCI is received via a first physical uplink control channel (PUCCH) resource, the first PUCCH resource is comprised in the first set of PUCCH resources associated with the first PUCCH configuration on a condition that the DCI indicates that the UCI is to be sent using the first transmission profile, and the first PUCCH resource is comprised in the second set of PUCCH resources associated with the second PUCCH configuration on a condition that the DCI indicates that the UCI is to be sent using the second transmission profile.
7. The base station of claim 1, wherein the first transmission profile is associated with a first priority level and the second transmission profile is associated with a second priority level.
1. A wireless transmit/receive unit (WTRU) comprising: a receiver configured to: receive configuration information, the configuration information indicating a first set of one or more parameters associated with resource allocation for a first uplink control information (UCI) associated with a first priority and a second set of one or more parameters associated with resource allocation for a second UCI associated with a second priority; receive information indicating that the first UCI associated with the first priority is to be transmitted, wherein the first UCI is to be transmitted in a physical uplink shared channel (PUSCH) transmission; a processor configured to at least: determine an amount of resources of the PUSCH transmission to be allocated to the first UCI based on the first set of one or more parameters associated with resource allocation for the first UCI associated with the first priority; and a transmitter configured to transmit the first UCI using the amount of resources of the physical uplink shared channel transmission determined based on the first set of one or more parameters associated with resource allocation for the first UCI associated with the first priority.
Analysis: In comparing the pending application with the Patent they both are claiming similar subject matter relating UE transmitting uplink information using uplink channel and transmission profile associated with priority levels.
11. A method implemented by a base station, the method comprising: sending configuration information to a wireless transmit/receive unit (WTRU), the configuration information comprising a first physical uplink control channel (PUCCH) configuration associated with a first set of PUCCH resources and a second PUCCH configuration associated with a second set of PUCCH resources, wherein the first set of PUCCH resources associated with the first PUCCH configuration are associated with a first transmission profile and the second set of PUCCH resources associated with the second PUCCH configuration are associated with a second transmission profile; sending a first physical downlink control channel (PDCCH) transmission to the WTRU, the first PDCCH transmission comprising first downlink control information (DCI), wherein the first DCI comprises a first resource indicator; and receiving uplink control information (UCI) from the WTRU, wherein the UCI is received via a first physical uplink control channel (PUCCH) resource, the first PUCCH resource is comprised in the first set of PUCCH resources associated with the first PUCCH configuration on a condition that the DCI indicates that the UCI is to be sent using the first transmission profile, and the first PUCCH resource is comprised in the second set of PUCCH resources associated with the second PUCCH configuration on a condition that the DCI indicates that the UCI is to be sent using the second transmission profile.
17. The method of claim 11, wherein the first transmission profile is associated with a first priority level and the second transmission profile is associated with a second priority level.
11. An uplink control information (UCI) transmission method comprising: receiving configuration information, the configuration information indicating a first set of one or more parameters associated with resource allocation for a first uplink control information (UCI) associated with a first priority and a second set of one or more parameters associated with resource allocation for a second UCI associated with a second priority; receiving information indicating that the first UCI associated with the first priority is to be transmitted, wherein the first UCI is to be transmitted in a physical uplink shared channel (PUSCH) transmission; determining an amount of resources of the PUSCH transmission to be allocated to the first UCI based on the first set of one or more parameters associated with resource allocation for the first UCI associated with the first priority; and transmitting the first UCI using the amount of resources of the physical uplink shared channel transmission determined based on the first set of one or more parameters associated with resource allocation for the first UCI associated with the first priority.
Analysis: In comparing the pending application with the Patent they both are claiming similar subject matter relating UE transmitting uplink information using uplink channel and transmission profile associated with priority levels.
With respect to claims, the Pending Application merely broaden the scope of the application by eliminating terms "wherein on a condition that the first priority level associated with the scheduled first uplink channel transmission is equal to the second priority level associated with the scheduled second uplink channel transmission and a first set of resources associated with the scheduled first uplink channel transmission overlaps with a second set of resources associated with the scheduled second uplink channel transmission: transmit multiplexed information, wherein the multiplexed information comprises information associated with the scheduled first uplink channel transmission multiplexed with information associated with the scheduled second uplink channel transmission, wherein the multiplexed information is transmitted using a physical uplink control channel transmission or a physical uplink shared channel transmission.”
It has 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 needed would be obvious to one skill in the art.
Allowable Subject Matter
1. Claims 1-20 are rejected under a non-statutory double patenting rejection but would be allowable if a Terminal Disclaimer is filed and approved which would overcome the non-statutory double patenting rejections set forth herein.
2. As to Independent Claims 1 and 11, the limitations recited in the claims along with its
dependent claims are allowed because in combination with their dependent claims the closest
prior arts, Pelletier et al. US 20120113831 discloses in Section [0009] The UE transmit UCI
bits by multiplexing UCI and uplink shared data on PUSCH; Section [0087] The WTRU
monitors the PDCCH for DCI containing the details of the DL assignment; Section [0101] One
or more dependencies related to the uplink transmission mode supported configured by the UE
for PUCCH mode and relative priority between different types of UCI; Section [0210] In LTE,
uplink control information (UCI) may be transmitted using a Physical Uplink Control Channel
(PUCCH) by WTRU; Section [0213] in LTE Rel 8/9 control signaling transmitted using PUSCH
by multiplexing control signaling with PUSCH; Section [0216] UE is configured for initial
transmission of resource allocation partially overlaps with bandwidth configuration; Section
[0441] The WTRU is assigned first PDCCH DCI used to reserve additional PUCCH reserve;
Section [0442] A second PDCCH DCI used to indicated reserve additional PUCCH resources.
The prior art, Marinier et al. US 20140056278 discloses in particular Section [0064]
the WTRU may be configured to transmit uplink control information (UCI) in a given subframe
and sent via PUCCH; Section [0084] For example, the WTRU may determine one or more
parameters to apply for an uplink transmission on PUCCH.
However, Pelletier and Marinier do not render obvious in combination with other
limitations in the independent claims 1 and 11 the claim elements A base station comprising a processor and transceiver, the processor and transceiver configured to: send configuration information to a wireless transmit/receive unit (WTRU), the configuration
information comprising a first physical uplink control channel (PUCCH) configuration associated with a first set of PUCCH resources and a second PUCCH configuration associated with a second set of PUCCH resources, wherein the first set of PUCCH resources associated with the first PUCCH configuration are associated with a first transmission profile and the second set of PUCCH resources associated with the second PUCCH configuration are associated with a second transmission profile; send a first physical downlink control channel (PDCCH) transmission to the WTRU, the first PDCCH transmission comprising first downlink control information (DCI), wherein the first DCI comprises a first resource indicator; and receive uplink control information (UCI) from the WTRU, wherein the UCI is received via a first physical uplink control channel (PUCCH) resource, the first PUCCH resource is comprised in the first set of PUCCH resources associated with the first PUCCH configuration on a condition that the DCI indicates that the UCI is to be sent using the first transmission profile, and the first PUCCH resource is comprised in the second set of PUCCH resources associated with the second PUCCH configuration on a condition that the DCI indicates that the UCI is to be sent using the second transmission profile.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure; Marinier et al. US 20140056278 in particular Section [0064] the WTRU may be configured to transmit uplink control information (UCI) in a given subframe and sent via PUCCH; Section [0084] For example, the WTRU may determine one or more parameters to apply for an uplink transmission on PUCCH.
Furthermore, each additional prior arts cited on PTO-892 but not applied in rejection contains a disclosed description related to the claimed subject matter found either in the Figures, description summary and/or disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEL M ULYSSE whose telephone number is (571)272-1228. The examiner can normally be reached Monday-Friday 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag G. Shah can be reached on (571)272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
August 7, 2026
/JAEL M ULYSSE/Primary Examiner, Art Unit 2477
Prosecution Insights