DETAILED ACTION
Claim(s) 1-13 have been examined and are pending.
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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: “BASE STATION, TERMINAL, AND COMMUNICATION FOR PHYSICAL UPLINK CONTROL CHANNEL (PUCCH) RESOURCE ALLOCATION”
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.
Claim(s) 1-13 rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-13 of U.S. Patent No. 12, 167, 407 in view of NOGAMI (USPGPub No. 2014/0211732).
Claim 1 of Instant Application
Claim 1 of Patent No. 12,167,407 (Pat ‘407)
A base station comprising:
A terminal comprising:
a transmitter, which, in operation, transmits, to a terminal, information indicating a set of parameters related to a physical uplink control channel (PUCCH) resource; and
a receiver, which, in operation, receives information indicating a set of parameters related to a physical uplink control channel (PUCCH) resource; and
a receiver, which, in operation, receives uplink control information that is transmitted from the terminal using the PUCCH resource determined based on the information,
a transmitter, which, in operation, transmits uplink control information using the PUCCH resource determined based on the information,
wherein a starting symbol and a number of symbol(s) for a given PUCCH format are variable by the set of parameters while a number of resource block(s) for the given PUCCH format is fixed according to the given PUCCH format.
wherein a starting symbol and a number of symbol(s) for a given PUCCH format are variable by the set of parameters while a number of resource block(s) for the given PUCCH format is fixed according to the given PUCCH format.
Claim 1 of Pat’ 407 differs from claim 1 of the Instant Application, in that Claim 1 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 1 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side.
Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 1 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 1 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 2 of Instant Application
Claim 2 of Patent No. 12,167,407 (Pat ‘407)
2. The base station according to claim 1, wherein the set of parameters includes a starting resource block.
2. the terminal according to claim 1, wherein the set of parameters includes a starting resource block.
Claim 2 of Pat’ 407 differs from claim 2 of the Instant Application, in that Claim 2of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 2 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side.
Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 2 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 2 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 3 of Instant Application
Claim 3 of Patent No. 12,167,407 (Pat ‘407)
3. The base station according to claim 2, wherein the starting resource block is represented as an offset from an edge of a bandwidth.
3. The terminal according to claim 2, wherein the starting resource block is represented as an offset from an edge of a bandwidth.
Claim 3 of Pat’ 407 differs from claim 3 of the Instant Application, in that Claim 3 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 3 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side.
Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 3 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 3 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 4 of Instant Application
Claim 4 of Patent No. 12,167,407 (Pat ‘407)
4. The base station according to claim 3, wherein the offset is in a range of a bandwidth that the terminal supports in a system bandwidth.
4. The terminal according to claim 3, wherein the offset is in a range of a bandwidth that the terminal supports in a system bandwidth.
Claim 4 of Pat’ 407 differs from claim 4 of the Instant Application, in that Claim 4 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 4 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side.
Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 4 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 4 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 5 of Instant Application
Claim 5 of Patent No. 12,167,407 (Pat ‘407)
5. The base station according to claim 1, wherein a plurality of sets, each set including parameters related to the PUCCH resource, are configured to the terminal, and the information indicates one set of the plurality of sets.
5. The terminal according to claim 1, wherein a plurality of sets, each set including parameters related to the PUCCH resource, are configured to the terminal, and the information indicates one set of the plurality of sets.
Claim 5 of Pat’ 407 differs from claim 5 of the Instant Application, in that Claim 5 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 5 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side.
Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 5 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 5 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 6 of Instant Application
Claim 6 of Patent No. 12,167,407 (Pat ‘407)
6. The base station according to claim 5, wherein the plurality of sets are semi-statically configured by a higher layer, and the information is received in a downlink control information.
6. The terminal according to claim 5, wherein the plurality of sets are semi-statically configured by a higher layer, and the information is received in a downlink control information.
Claim 6 of Pat’ 407 differs from claim 6 of the Instant Application, in that Claim 6 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 6 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side.
Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 6 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 6 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 7 of Instant Application
Claim 7 of Patent No. 12,167,407 (Pat ‘407)
7. The base station according to claim 5, wherein the information is dedicated to the terminal.
7. The terminal according to claim 5, wherein the information is dedicated to the terminal.
Claim 7 of Pat’ 407 differs from claim 7 of the Instant Application, in that Claim 7 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 7 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side.
Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 7 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 7 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 8 of Instant Application
Claim 8 of Patent No. 12,167,407 (Pat ‘407)
8. The base station according to claim 1, wherein the transmitter, in operation, transmits, to the terminal, a downlink control information, and the receiver, in operation, receives the uplink control information transmitted from the terminal using the PUCCH resource that is based on the information and that is associated with a resource used for transmission of the downlink control information.
8. The terminal according to claim 1, wherein the receiver, in operation, receives a downlink control information, and the transmitter, in operation, transmits the uplink control information using the PUCCH resource that is based on the information and that is associated with a resource used for transmission of the downlink control information.
Claim 8 of Pat’ 407 differs from claim 8 of the Instant Application, in that Claim 8 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 8 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side. Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 8 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 8 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 9 of Instant Application
Claim 9 of Patent No. 12,167,407 (Pat ‘407)
9. The base station according to claim 8, wherein the information is specific to a cell or a group of terminals.
9. The terminal according to claim 8, wherein the information is specific to a cell or a group of terminals.
Claim 9 of Pat’ 407 differs from claim 9 of the Instant Application, in that Claim 9 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 9 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side.
Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 9 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 9 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 10 of Instant Application
Claim 10 of Patent No. 12,167,407 (Pat ‘407)
10. The base station according to claim 1, wherein the transmitter, in
operation, transmits, to the terminal, a downlink control information related to a
symbol available for uplink, and the receiver, in operation, receives the uplink
control information transmitted from the terminal using the symbol available for
uplink in the PUCCH resource determined based on the information.
10. (Original) The terminal according to claim 1, wherein the receiver, in operation, receives a downlink control information related to a symbol available for uplink, and the transmitter, in operation, transmits the uplink control information using the symbol available for uplink in the PUCCH resource determined based on the information.
Claim 10 of Pat’ 407 differs from claim 10 of the Instant Application, in that Claim 10 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 10 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side. Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 1 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 10 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 11 of Instant Application
Claim 11 of Patent No. 12,167,407 (Pat ‘407)
11. The base station according to claim 10, wherein when the PUCCH resource determined based on the information is not the symbol available for uplink, the uplink control information is not transmitted.
11. The terminal according to claim 10, wherein when the PUCCH resource determined based on the information is not the symbol available for uplink, the uplink control information is not transmitted.
Claim 11 of Pat’ 407 differs from claim 11 of the Instant Application, in that Claim 11 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 11 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side.
Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 11 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 11 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 12 of Instant Application
Claim 12 of Patent No. 12,167,407 (Pat ‘407)
12. The base station according to claim 10, wherein the uplink control information is a periodically transmitted signal.
12. The terminal according to claim 10, wherein the uplink control information is a periodically transmitted signal.
Claim 12 of Pat’ 407 differs from claim 12 of the Instant Application, in that Claim 12 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 1 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side. Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 12 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 12 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Claim 13 of Instant Application
Claim 13 of Patent No. 12,167,407 (Pat ‘407)
A communication method comprising:
A communication method comprising:
transmitting, to a terminal, information indicating a set of parameters related to a physical uplink control channel (PUCCH) resource; and
receiving information indicating a set of parameters related to a physical uplink control channel (PUCCH) resource; and
receiving uplink control information that is transmitted from the terminal using the PUCCH resource based on the information,
transmitting uplink control information using the PUCCH resource determined based on the information,
wherein a starting symbol and a number of symbol(s) for a given PUCCH format are variable by the set of parameters while a number of resource block(s) for the given PUCCH format is fixed according to the given PUCCH format.
wherein a starting symbol and a number of symbol(s) for a given PUCCH format are variable by the set of parameters while a number of resource block(s) for the given PUCCH format is fixed according to the given PUCCH format.
Claim 13 of Pat’ 407 differs from claim 13 of the Instant Application, in that Claim 13 of Pat ‘407 is directed to a PUCCH resource allocation feature from a user (i.e. terminal) side, whereas claim 13 of the Instant Application is directed to the PUCCH resource allocation feature from a network (i.e. base station) side. Despite these differences similar features have been in other prior art involving PUCCH resource allocation.
NOGAMI (USPGPub No. 2014/0211732) [Fig. 19] shows a PUCCH resource allocation (i.e. “S1903 CONFIGURE PUCCH RESOURCE CANDDIATES” ) from a network-side (i.e. Base station/PCell). Therefore, based upon the teachings of NOGAMI it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, the adapt Claim 13 of Pat ‘407, to perform said features from a network-side, to thus arrive at claim 13 of the Instant Application. A person of ordinary skill in the art would have been motivated to make such a modification to more comprehensively realize a two-way PUCCH resource configuration in a cellular network.
Allowable Subject Matter
Claim(s) 1-13 would be allowable pending the filing of a Terminal Disclaimer to overcome the Double Patenting Rejections, set forth in this Office action.
Conclusion
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/TARELL A HAMPTON/Examiner, Art Unit 2476 /AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
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