DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. 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. 102 and 103) is incorrect, any correction of the statutory basis 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.
Status of Claims
1. The following is a non-final office action in response to the applicant’s submission received on 01/13/2025.
2. Claims 1 – 20 are currently pending and have been examined.
Foreign Priority/Domestic benefit
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed under 35 U.S.C. §119 for Chinese Patent Application No. 201910365288.5, filed on April 30, 2019.
Domestic benefit is claimed with regards to continuation for U.S. Patent Application No. 17/884,842, filed on August 10, 2022, which is a continuation of U.S. Patent Application No. 17/513,869, filed on October 28, 2021, now U.S. Patent No.11,445,568, which is a continuation of International Application No. PCT/CN2020/088247, filed on April 30, 2020.
Oath/Declaration
1. The applicant’s oath/declaration filed on 11/01/2024 has been reviewed by the examiner and is found to conform to the requirements prescribed in 37 C.F.R. 1.63.
Information Disclosure Statement
1. The information disclosure statement filed on 11/05/2024; 11/21/2024; 03/07/2025 and 05/12/2025 are in compliance with the provision of 37 CFR 1.97, 1.98 and MPEP § 609. It has been placed in the application file and the information referred to therein has been considered as to the merits.
Drawings
1. The applicant’s drawings submitted on 11/01/2024 are acceptable for examination purposes.
Claim interpretation
1. Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily) [MPEP 2106 Sec I, C]. “Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment.” Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69 USPQ2d 1865, 1868 (Fed. Cir. 2004). [MPEP 2111.01 Sec II]. Thus, the Examiner interprets Applicant’s claims "in view of the specification" and does not “import into a claim limitations that are not part of the claim”.
2. When multiple limitations are connected with “OR”, one of the limitations does not have any patentable weight since both of the limitations are optional.
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 – 8, 10 – 18, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3 – 5, 7 - 8, 10 – 11, 13 of U.S. Patent No. 12, 185, 412. Although the claims at issue are not identical, they are not patentably distinct from each other, the analysis in the table below:
Patent: 12, 185, 412
18/934, 918
1. A communication method, comprising:
sending a first downlink control information (DCI), wherein the first DCI comprises first indication information, the first indication information is a bit and
the first indication information indicates a terminal device not to start an on duration timer and not to detect physical downlink control channel (PDCCH) within a first discontinuous reception (DRX) cycle; and
sending a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) within the first DRX cycle, wherein a start position of the first time period is a start position of the first DRX cycle, wherein the first DRX cycle comprises a first time period, and the first time period corresponds to a time length configured for the on duration timer.
1. A communication method, comprising:
receiving a first downlink control information (DCI), wherein the first DCI comprises a first power saving signal;
determining, based on the first power saving signal, not to start an on duration timer and not to detect physical downlink control channel (PDCCH) within a first discontinuous reception (DRX) cycle; and
performing, in the first DRX cycle, measurement on a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) from a network device, wherein the first DRX cycle comprises a first time period, a start position of the first time period is a start position of the first DRX cycle, and the first time period corresponds to a time length configured for the on duration timer.
3. The method according to claim 1, wherein the first DCI is sent in a preconfigured second time period that is before the first DRX cycle.
2. The method according to claim 1, wherein the first power saving signal is received in a preconfigured second time period that is before the first DRX cycle.
7. The method according to claim 1,
wherein the CSI-RS or the SSB is for radio resource management (RRM) measurement of the terminal device.
The method according to claim 1, wherein performing, in the first DRX cycle, measurement on a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) from a network device comprises:
performing, in the first time period within the first DRX cycle, radio resource management (RRM) measurement on the CSI-RS or the SSB from the network device.
4. The method according to claim 1, further comprising: sending a second DCI to the terminal device in a preconfigured fourth time period that is before a second DRX cycle, wherein second DCI comprises second indication information, the second indication information is a bit in the first second DCI and the second indication information indicates the terminal device to detect PDCCH within the second DRX cycle; and sending a CSI-RS or SSB to the terminal device in a third time period within the second DRX cycle.
4. The method according to claim 1, wherein the first power saving signal is a bit whose value is 0.
4. The method according to claim 1, further comprising: sending a second DCI to the terminal device in a preconfigured fourth time period that is before a second DRX cycle, wherein second DCI comprises second indication information, the second indication information is a bit in the first second DCI and the second indication information indicates the terminal device to detect PDCCH within the second DRX cycle; and sending a CSI-RS or SSB to the terminal device in a third time period within the second DRX cycle.
5. The method according to claim 4, wherein the third time period is an active time within the second DRX cycle.
5. The method according to claim 1, further comprising: receiving, before a second DRX cycle, a second DCI comprising a second power saving signal, wherein the second power saving signal is a bit; determining, based on the second power saving signal in the second DCI, to detect PDCCH within the second DRX cycle; and performing, in a third time period within the second DRX cycle, measurement on a CSI-RS or SSB sent from the network device.
5. The method according to claim 4, wherein the third time period is an active time within the second DRX cycle.
6. The method according to claim 5, wherein the third time period is an active time within the second DRX cycle.
1. A communication method, comprising:
sending a first downlink control information (DCI), wherein the first DCI comprises first indication information, the first indication information is a bit and the first indication information indicates a terminal device not to start an on duration timer and not to detect physical downlink control channel (PDCCH) within a first discontinuous reception (DRX) cycle;
and sending a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) within the first DRX cycle, wherein a start position of the first time period is a start position of the first DRX cycle, wherein the first DRX cycle comprises a first time period, and the first time period corresponds to a time length configured for the on duration timer.
7. A communication method, comprising:
sending a first downlink control information (DCI), wherein the first DCI comprises a first power saving signal, the first power saving signal indicates a terminal device not to start an on duration timer and not to detect physical downlink control channel (PDCCH) within a first discontinuous reception (DRX) cycle; and
sending a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) to the terminal device within the first DRX cycle, wherein the first DRX cycle comprises a first time period, a start position of the first time period is a start position of the first DRX cycle, and the first time period corresponds to a time length configured for the on duration timer.
3. The method according to claim 1, wherein the first DCI is sent in a preconfigured second time period that is before the first DRX cycle.
8. The method according to claim 7, wherein the first power saving signal is received in a preconfigured second time period that is before the first DRX cycle.
9. The method according to claim 7, wherein sending a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) to the terminal device within the first DRX cycle comprising: sending the CSI-RS or the SSB to the terminal device in the first time period.
4. The method according to claim 1, further comprising: sending a second DCI to the terminal device in a preconfigured fourth time period that is before a second DRX cycle, wherein second DCI comprises second indication information, the second indication information is a bit in the first second DCI and the second indication information indicates the terminal device to detect PDCCH within the second DRX cycle; and sending a CSI-RS or SSB to the terminal device in a third time period within the second DRX cycle.
10. The method according to claim 7, wherein the first power saving signal is a bit whose value is 0.
The method according to claim 1, further comprising: sending a second DCI to the terminal device in a preconfigured fourth time period that is before a second DRX cycle, wherein second DCI comprises second indication information, the second indication information is a bit in the first second DCI and the second indication information indicates the terminal device to detect PDCCH within the second DRX cycle; and sending a CSI-RS or SSB to the terminal device in a third time period within the second DRX cycle.
7. The method according to claim 1, wherein the CSI-RS or the SSB is for radio resource management (RRM) measurement of the terminal device.
11. The method according to claim 1, further comprising: sending, before a second DRX cycle, a second DCI comprising a second power saving signal, wherein the second power saving signal is a bit, the second power saving signal indicates a terminal device to start an on duration timer and to detect physical downlink control channel (PDCCH) within the second DRX cycle; and sending a CSI-RS or SSB to the terminal device within the second DRX cycle,
wherein the CSI-RS or SSB is used by the terminal device to perform measurement.
8. A communications apparatus, comprising:
one or more processors in communications with a non-transitory memory storing computer instructions for execution by the one or more processors to cause the communications apparatus to:
send a first downlink control information (DCI), wherein the first DCI comprises first indication information, the first indication information is a bit
and the first indication information indicates a terminal device not to start an on duration timer and not to detect physical downlink control channel (PDCCH) within a first discontinuous reception (DRX) cycle; and send a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) within the first DRX cycle, wherein the first DRX cycle comprises a first time period, a start position of the first time period is a start position of the first DRX cycle, and the first time period corresponds to a time length of the on duration timer.
12. A communications apparatus, comprising:
one or more processors; and
a memory coupled to the one or more processors and storing programming instructions for execution by the one or more processors to cause the communications apparatus to:
receive a first downlink control information (DCI), wherein the first DCI comprises a first power saving signal;
determine based on the first power saving signal, not to start an on duration timer and not to detect physical downlink control channel (PDCCH) within a first discontinuous reception (DRX) cycle; and perform in the first DRX cycle, measurement on a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) from a network device, wherein the first DRX cycle comprises a first time period, a start position of the first time period is a start position of the first DRX cycle, and the first time period corresponds to a time length configured for the on duration timer.
10. The communications apparatus according to claim 8, wherein the first DCI is sent in a preconfigured second time period that is before the first DRX cycle.
13. The communications apparatus according to claim 12, wherein the first power saving signal is received in a preconfigured second time period that is before the first DRX cycle.
13. The communications apparatus according to claim 8, wherein the CSI-RS or the SSB is for radio resource management (RRM) measurement of the terminal device.
14. The communications apparatus according to claim 12, wherein perform in the first DRX cycle, measurement on a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) from a network device comprises: perform in the first time period within the first DRX cycle, radio resource management (RRM) measurement on the CSI-RS or the SSB from the network device.
11. The communications apparatus according to claim 8, wherein the instructions are for execution by the one or more processors to further cause the communications apparatus to: send a second DCI to the terminal device in a preconfigured fourth time period that is before a second DRX cycle, wherein second DCI comprises second indication information, the second indication information is a bit and the second indication information indicates the terminal device to detect PDCCH within the second DRX cycle; and send a CSI-RS or a SSB to the terminal device in a third time period within the second DRX cycle.
15. The communications apparatus according to claim 12, wherein the first power saving signal is a bit whose value is 0.
11. The communications apparatus according to claim 8, wherein the instructions are for execution by the one or more processors to further cause the communications apparatus to: send a second DCI to the terminal device in a preconfigured fourth time period that is before a second DRX cycle, wherein second DCI comprises second indication information, the second indication information is a bit and the second indication information indicates the terminal device to detect PDCCH within the second DRX cycle; and send a CSI-RS or a SSB to the terminal device in a third time period within the second DRX cycle.
16. The communications apparatus according to claim 12, the one or more processors further cause the communications apparatus to: receive before a second DRX cycle, a second DCI comprising a second power saving signal, wherein the second power saving signal is a bit; determine based on the second power saving signal in the second DCI, to detect PDCCH within the second DRX cycle; and perform in a third time period within the second DRX cycle, measurement on a CSI-RS or SSB sent from the network device.
8. A communications apparatus, comprising:
one or more processors
in communications with a non-transitory memory storing computer instructions for execution by the one or more processors to cause the communications apparatus to:
send a first downlink control information (DCI), wherein the first DCI comprises first indication information, the first indication information is a bit and the first indication information indicates a terminal device not to start an on duration timer and not to detect physical downlink control channel (PDCCH) within a first discontinuous reception (DRX) cycle; and
send a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) within the first DRX cycle, wherein the first DRX cycle comprises a first time period, a start position of the first time period is a start position of the first DRX cycle, and the first time period corresponds to a time length of the on duration timer.
17. A communications apparatus, comprising:
one or more processors; and
a memory coupled to the one or more processors and storing programming instructions for execution by the one or more processors to cause the communications apparatus to:
send a first downlink control information (DCI), wherein the first DCI comprises a first power saving signal, the first power saving signal indicates a terminal device not to start an on duration timer and not to detect physical downlink control channel (PDCCH) within a first discontinuous reception (DRX) cycle; and
send a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) to the terminal device within the first DRX cycle, wherein the first DRX cycle comprises a first time period, a start position of the first time period is a start position of the first DRX cycle, and the first time period corresponds to a time length configured for the on duration timer.
10. The communications apparatus according to claim 8, wherein the first DCI is sent in a preconfigured second time period that is before the first DRX cycle.
18. The communications apparatus according to claim 17, wherein the first power saving signal is received in a preconfigured second time period that is before the first DRX cycle.
19. The communications apparatus according to claim 17, wherein send a channel state information reference signal (CSI-RS) or a synchronization signal/physical broadcast channel block (SSB) to the terminal device within the first DRX cycle comprising: send the CSI-RS or the SSB to the terminal device in the first time period.
11. The communications apparatus according to claim 8, wherein the instructions are for execution by the one or more processors to further cause the communications apparatus to: send a second DCI to the terminal device in a preconfigured fourth time period that is before a second DRX cycle, wherein second DCI comprises second indication information, the second indication information is a bit and the second indication information indicates the terminal device to detect PDCCH within the second DRX cycle; and send a CSI-RS or a SSB to the terminal device in a third time period within the second DRX cycle.
20. The communications apparatus according to claim 17, wherein the first power saving signal is a bit whose value is 0.
Allowable Subject Matter
Claims 9 and 19 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHARISHI V KHIRODHAR whose telephone number is (571)270-7909. The examiner can normally be reached 6:00 AM - 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nawaz M Asad can be reached at 571-272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MAHARISHI V. KHIRODHAR
Examiner
Art Unit 2463
/MAHARISHI V KHIRODHAR/Primary Examiner, Art Unit 2463
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