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 1-20 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.
Regarding claims 1, 15 and 18, “configured to transmit over a first frequency band and to a receive over a second frequency band”, it is not clear as to what is being transmitted or received.
Regarding “a radio configured to control the front-end system to perform a sounding reference signaling for the first frequency band on the plurality of antennas”, it is not clear as to whether the “sounding reference signaling is performed for the “first frequency band” or the “plurality of antennas”, claims 1, 15 and 18.
It is not clear as to whether “a radio configuration” is referring to “a radio configured to control”.
“an antenna puncturing scenario”, claims 1, 15 and 18 is indefinite.
In claim 15, line 8, “the radio” has no clear antecedent basis.
Claim 20, “the base station” has no clear antecedent basis.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3, 5, 15 and 18 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, 10, 12, 15 and 19 of copending Application No. 18/931520 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are not patentable distinct.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
current application (18/931,524)
(claim 1) A mobile device comprising: a plurality of antennas; a front-end system coupled to the plurality of antennas and configured to transmit over a first frequency band and to a receive over a second frequency band, the front-end system including a plurality of data paths of the second frequency band each associated with a corresponding one of the plurality of antennas; and a radio configured to control the front-end system to perform a sounding reference signaling for the first frequency band on the plurality of antennas, the radio further configured to decode all of the plurality of data paths for a radio configuration in which a subset of the plurality of antennas are used for receiving data layers of the second frequency band, the radio configuration avoiding an antenna puncturing scenario arising from the sounding reference signaling.
(Claim 8) The mobile device of claim 1 wherein the radio configuration is established by a capability signaling from the mobile device to a base station.
(Claim 3) The mobile device of claim 1 wherein the plurality of data paths includes four data paths, and the radio configuration has a 4x2 order or a 4x3 order.
(Claim 5) The mobile device of claim 4 wherein the second frequency band is one of a frequency-division duplexed band or a time-division duplexed band within a same band group as the first frequency band.
(Claim 15) A method of radio frequency communication, the method comprising: transmitting over a first frequency band and receiving over a second frequency band using a front-end system of a mobile device, the front-end system including a plurality of data paths of the second frequency band each associated with a corresponding one of a plurality of antennas of a mobile device; controlling the front-end system to perform a sounding reference signaling for the first frequency band on the plurality of antennas; and decoding all of the plurality of data paths using the radio for a radio configuration in which a subset of the antennas are used for receiving data layers of the second frequency band, the radio configuration avoiding an antenna puncturing scenario arising from the sounding reference signaling.
(Claim 18) A radio system for user equipment, the radio system comprising: a front-end system configured to transmit over a first frequency band and to a receive over a second frequency band, the front-end system including a plurality of data paths of the second frequency band each associated with a corresponding one of a plurality of antennas; and a radio configured to control the front-end system to perform a sounding reference signaling for the first frequency band on the plurality of antennas, the radio further configured to decode all of the plurality of data paths for a radio configuration in which a subset of the plurality of antennas are used for receiving data layers of the second frequency band, the radio configuration avoiding an antenna puncturing scenario arising from the sounding reference signaling.
Co-pending (18/931,520)
(claim 1) A mobile device comprising: a plurality of antennas; a front-end system coupled to the plurality of antennas and configured to transmit over a first frequency band and to a receive over a second frequency band; and a radio configured to control the front-end system to perform a sounding reference signaling for the first frequency band on the plurality of antennas, the radio operable to detect an antenna puncturing scenario arising from the sounding reference signaling for a first radio configuration in which each antenna of the plurality of antennas is used for receiving a corresponding data layer of the second frequency band, the radio further configured to indicate to a base station a second radio configuration in which a subset of the antennas are used at a given time for receiving the second frequency band to avoid the antenna puncturing scenario.
(Claim 8) The mobile device of claim 1 wherein the radio decodes a plurality of data layers received from a base station on the plurality of antennas, a number of the plurality of antennas greater than a number of the plurality of data layers.
(Claim 11) The mobile device of claim 1 wherein the second radio configuration is established by a capability signaling from the mobile device to a base station.
(Claim 10) The mobile device of claim 9 wherein the first radio configuration has a 4x4 order and the second radio configuration has a 4x2 order or a 4x3 order.
(Claim 12) The mobile device of claim 1 wherein the first frequency band is a fifth-generation frequency band that is time-division duplexed.
(Claim 15) A method of radio frequency communication, the method comprising: transmitting over a first frequency band and receiving over a second frequency band using a front-end system of a mobile device; controlling the front-end system to perform a sounding reference signaling for the first frequency band on a plurality of antennas of the mobile device; detecting an antenna puncturing scenario arising from the sounding reference signaling for a first radio configuration in which each antenna of the plurality of antennas is used for receiving a corresponding data layer of the second frequency band; and indicating to a base station a second radio configuration in which a subset of the antennas are used at a given time for receiving the second frequency band to avoid the antenna puncturing scenario.
(Claim 19) A radio system for user equipment, the radio system comprising: a front-end system configured to transmit over a first frequency band and to a receive over a second frequency band; and a radio configured to control the front-end system to perform a sounding reference signaling for the first frequency band, the radio operable to detect an antenna puncturing scenario arising from the sounding reference signaling for a first radio configuration in which each antenna of the plurality of antennas is used for receiving a corresponding data layer of the second frequency band, the radio further configured to indicate to a base station a second radio configuration in which a subset of the antennas are used at a given time for receiving the second frequency band to avoid the antenna puncturing scenario.
The combination of claims 1 and 8 of co-pending application would have rendered claim 1 of the current application obvious.
Allowable Subject Matter
Claims 2, 16 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-15 and 17-18 and 20 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Yen et al. Yen et al. discloses a system comprising:
a plurality of antennas (¶ 0018); a front-end system coupled to the plurality of antennas and configured to transmit over a first frequency band and to a receive over a second frequency band (Fig.3), the front-end system including a plurality of data paths of the second frequency band each associated with a corresponding one of the plurality of antennas (¶ 0023-0024, 0043-0045);
and a radio configured to control the front-end system to perform a sounding reference signaling for the first frequency band on the plurality of antennas (¶0025), the radio further configured to decode all of the plurality of data paths for a radio configuration in which a subset of the plurality of antennas are used for receiving data layers of the second frequency band, the radio configuration avoiding an antenna puncturing scenario arising from the sounding reference signaling (¶0027-0034, 0053).
Regarding claim 3, Yan et al. teaches “wherein the plurality of data paths includes four data paths, and the radio configuration has a 4x2 order or a 4x3 order”, (¶ 0018 – 0019).
Regarding claims 4-6, “wherein the first frequency band is a general time-division duplexed band supporting SRS-AS operation”, see (¶ 0020 – 0030).
Regarding claim 8, “wherein the radio configuration is established by a capability signaling from the mobile device to a base station”, (¶ 0042).
Regarding claims 9, 10 and 12, “wherein the first frequency band is a fifth generation frequency band that is time-division duplexed”, (¶ 0046).
Regarding claims 11, 12 and 13, wherein the second frequency band is a fifth-generation frequency band for carrier aggregation (¶ 0044).
Regarding claim 14 and 17, “wherein an uplink symbol for the sounding reference signaling for the first frequency band is time-aligned by the base station with a downlink symbol for the second frequency band”, (¶0024-0027).
Conclusion
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/GLENTON B BURGESS/Supervisory Patent Examiner, Art Unit 2454
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