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 .
Information Disclosure Statement
The references listed in the Information Disclosure Statement, filed on 01 November 2024, have been considered by the examiner (see attached PTO-1449 form or PTO/SB/08A and 08B forms).
Claim Objections
Claims 8, 11-16 are objected to because of the following informalities:
Claim 8 is directed to an integrated circuit, which is considered an apparatus; however, the body of the claim contains no clear structure or elements. Rather, it is a series of steps.
Claims 11-16 depend from claim 8; therefore, they contain the same problem explained above.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 8, 11-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8, 1-7 respectively of U.S. Patent No. 10,945,258.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the instant application are fully covered by the patent claims.
For claim 1, claim 8 of U.S. Patent No. 10,945,258 teaches a process controlled by an integrated circuit.
generating a first control signal and a second control signal as in the application corresponds to the limitation “demultiplexing a DL .. control signal” (claim 8 of U.S. Patent No. 10,945,258 lines 4-6);
transmitting the first control signal, the second control signal, and a data signal as in the application corresponds to the limitation “receiving a first .. control signal” (claim 8 of U.S. Patent No. 10,945,258 lines 2-3),
a resource for the second control signal is identified based on information related to the data signal indicated by the first control signal, and a resource size for the second control signal is identified in accordance with a modulation and coding scheme (MCS) for the data signal as in the application corresponds to the limitation “a resource size .. control signal” (claim 8 of U.S. Patent No. 10,945,258 lines 7-10).
For claim 8, claim 1 of U.S. Patent No. 10,945,258 teaches an integrated circuit.
generate a first control signal and a second control signal as in the application corresponds to the limitation “circuitry, which, in operation .. control signal” (claim 1 of U.S. Patent No. 10,945,258 lines 4-6); and
control transmitting the first control signal, the second control signal, and a data signal as in the application corresponds to the limitation “a receiver .. control signal” (claim 1 of U.S. Patent No. 10,945,258 lines 2-3),
a resource for the second control signal is identified based on information related to the data signal indicated by the first control signal, and a resource size for the second control signal is identified in accordance with a modulation and coding scheme (MCS) for the data signal as in the application corresponds to the limitation “the receiver identifies .. control signal” (claim 1 of U.S. Patent No. 10,945,258 lines 7-10).
For claim 11, claim 2 of U.S. Patent No. 10,945,258 teaches the resource size for the second control signal is identified in accordance with an aggregation level of the first control signal (claim 2 of U.S. Patent No. 10,945,258 lines 1-4).
For claim 12, claim 3 of U.S. Patent No. 10,945,258 teaches the second control signal is mapped within a frequency domain to which the data signal is mapped (claim 3 of U.S. Patent No. 10,945,258 lines 1-3).
For claim 13, claim 4 of U.S. Patent No. 10,945,258 teaches a frequency domain at a center of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 4 of U.S. Patent No. 10,945,258 lines 1-4).
For claim 14, claim 5 of U.S. Patent No. 10,945,258 teaches a frequency domain at an edge of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 5 of U.S. Patent No. 10,945,258 lines 1-4).
For claim 15, claim 6 of U.S. Patent No. 10,945,258 teaches a frequency domain adjacent to a frequency domain to which the first control signal is mapped is identified as a region to which the second control signal is mapped (claim 6 of U.S. Patent No. 10,945,258 lines 1-4).
For claim 16, claim 7 of U.S. Patent No. 10,945,258 teaches whether the second control signal is transmitted or not is determined based on information on the data signal indicated by the first control signal (claim 7 of U.S. Patent No. 10,945,258 lines 1-4).
Claims 1-8, 11-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-14, 1-7 respectively of U.S. Patent No. 11,382,092.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the instant application are fully covered by the patent claims.
For claim 1, claim 8 of U.S. Patent No. 11,382,092 teaches a process controlled by an integrated circuit.
generating a first control signal and a second control signal as in the application corresponds to the limitation “demultiplexing a .. control signal” (claim 8 of U.S. Patent No. 11,382,092 lines 4-5); and
transmitting the first control signal, the second control signal, and a data signal as in the application corresponds to the limitation “receiving a first .. control. signal” (claim 8 of U.S. Patent No. 11,382,092 lines 2),
a resource for the second control signal is identified based on information related to the data signal indicated by the first control signal, and a resource size for the second control signal is identified in accordance with a modulation and coding scheme (MCS) for the data signal as in the application corresponds to the limitation “a resource for the .. data signal” (claim 8 of U.S. Patent No. 11,382,092 lines 6-11).
For claim 2, claim 9 of U.S. Patent No. 11,382,092 teaches the resource size for the second control signal is identified in accordance with an aggregation level of the first control signal (claim 9 of U.S. Patent No. 11,382,092 lines 1-4).
For claim 3, claim 10 of U.S. Patent No. 11,382,092 teaches the second control signal is mapped within a frequency domain to which the data signal is mapped (claim 10 of U.S. Patent No. 11,382,092 lines 1-3).
For claim 4, claim 11 of U.S. Patent No. 11,382,092 teaches a frequency domain at a center of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 11 of U.S. Patent No. 11,382,092 lines 1-4).
For claim 5, claim 12 of U.S. Patent No. 11,382,092 teaches a frequency domain at an edge of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 12 of U.S. Patent No. 11,382,092 lines 1-4).
For claim 6, claim 13 of U.S. Patent No. 11,382,092 teaches a frequency domain adjacent to a frequency domain to which the first control signal is mapped is identified as a region to which the second control signal is mapped (claim 13 of U.S. Patent No. 11,382,092 lines 1-4).
For claim 7, claim 14 of U.S. Patent No. 11,382,092 teaches whether the second control signal is transmitted or not is determined based on information on the data signal indicated by the first control signal (claim 14 of U.S. Patent No. 11,382,092 lines 1-4).
For claim 8, claim 1 of U.S. Patent No. 11,382,092 teaches an integrated circuit.
generate a first control signal and a second control signal as in the application corresponds to the limitation “circuitry, which, in operation .. control signal” (claim 1 of U.S. Patent No. 11,382,092 lines 4-6);
control transmitting the first control signal, the second control signal, and a data signal as in the application corresponds to the limitation “a receiver .. control signal” (claim 1 of U.S. Patent No. 11,382,092 lines 2-3),
a resource for the second control signal is identified based on information related to the data signal indicated by the first control signal, and a resource size for the second control signal is identified in accordance with a modulation and coding scheme (MCS) for the data signal as in the application corresponds to the limitation “identifies a resource .. data signal” (claim 1 of U.S. Patent No. 11,382,092 lines 7-12).
For claim 11, claim 2 of U.S. Patent No. 11,382,092 teaches the resource size for the second control signal is identified in accordance with an aggregation level of the first control signal (claim 2 of U.S. Patent No. 11,382,092 lines 1-4).
For claim 12, claim 3 of U.S. Patent No. 11,382,092 teaches the second control signal is mapped within a frequency domain to which the data signal is mapped (claim 3 of U.S. Patent No. 11,382,092 lines 1-3).
For claim 13, claim 4 of U.S. Patent No. 11,382,092 teaches a frequency domain at a center of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 4 of U.S. Patent No. 11,382,092 lines 1-5).
For claim 14, claim 5 of U.S. Patent No. 11,382,092 teaches a frequency domain at an edge of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 5 of U.S. Patent No. 11,382,092 lines 1-5).
For claim 15, claim 6 of U.S. Patent No. 11,382,092 teaches a frequency domain adjacent to a frequency domain to which the first control signal is mapped is identified as a region to which the second control signal is mapped (claim 6 of U.S. Patent No. 11,382,092 lines 1-5).
For claim 16, claim 7 of U.S. Patent No. 11,382,092 teaches whether the second control signal is transmitted or not is determined based on information on the data signal indicated by the first control signal (claim 7 of U.S. Patent No. 11,382,092 lines 1-4).
Claims 1-8, 11-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-14, 1-7 respectively of U.S. Patent No. 11,856,588.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the instant application are fully covered by the patent claims.
For claim 1, claim 8 of U.S. Patent No. 11,856,588 teaches a process controlled by an integrated circuit.
generating a first control signal and a second control signal as in the application corresponds to the limitation “generating a first .. control signal” (claim 8 of U.S. Patent No. 11,856,588 lines 2-3);
transmitting the first control signal, the second control signal, and a data signal as in the application corresponds to the limitation “transmitting the first .. data signal” (claim 8 of U.S. Patent No. 11,856,588 lines 4-5),
a resource for the second control signal is identified based on information related to the data signal indicated by the first control signal, and a resource size for the second control signal is identified in accordance with a modulation and coding scheme (MCS) for the data signal as in the application corresponds to the limitation “a resource size .. data signal” (claim 8 of U.S. Patent No. 11,856,588 lines 8-11).
For claim 2, claim 9 of U.S. Patent No. 11,856,588 teaches in the resource size for the second control signal is identified in accordance with an aggregation level of the first control signal (claim 9 of U.S. Patent No. 11,856,588 lines 1-4).
For claim 3, claim 10 of U.S. Patent No. 11,856,588 teaches the second control signal is mapped within a frequency domain to which the data signal is mapped (claim 10 of U.S. Patent No. 11,856,588 lines 1-3).
For claim 4, claim 11 of U.S. Patent No. 11,856,588 teaches a frequency domain at a center of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 11 of U.S. Patent No. 11,856,588 lines 1-5).
For claim 5, claim 12 of U.S. Patent No. 11,856,588 teaches a frequency domain at an edge of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 12 of U.S. Patent No. 11,856,588 lines 1-5).
For claim 6, claim 13 of U.S. Patent No. 11,856,588 teaches a frequency domain adjacent to a frequency domain to which the first control signal is mapped is identified as a region to which the second control signal is mapped (claim 13 of U.S. Patent No. 11,856,588 lines 1-4).
For claim 7, claim 14 of U.S. Patent No. 11,856,588 teaches whether the second control signal is transmitted or not is determined based on information on the data signal indicated by the first control signal (claim 14 of U.S. Patent No. 11,856,588 lines 1-4).
For claim 8, claim 1 of U.S. Patent No. 11,856,588 teaches an integrated circuit.
generate a first control signal and a second control signal as in the application corresponds to the limitation “circuitry, which in operation .. control signal” (claim 1 of U.S. Patent No. 11,856,588 lines 2-3); and
control transmitting the first control signal, the second control signal, and a data signal as in the application corresponds to the limitation “a transmitter .. data signal” (claim 1 of U.S. Patent No. 11,856,588 lines 4-6),
a resource for the second control signal is identified based on information related to the data signal indicated by the first control signal, and a resource size for the second control signal is identified in accordance with a modulation and coding scheme (MCS) for the data signal as in the application corresponds to the limitation “a resource size .. data signal” (claim 1 of U.S. Patent No. 11,856,588 lines 9-12).
For claim 11, claim 2 of U.S. Patent No. 11,856,588 teaches the resource size for the second control signal is identified in accordance with an aggregation level of the first control signal (claim 2 of U.S. Patent No. 11,856,588 lines 1-4).
For claim 12, claim 3 of U.S. Patent No. 11,856,588 teaches the second control signal is mapped within a frequency domain to which the data signal is mapped (claim 3 of U.S. Patent No. 11,856,588 lines 1-3).
For claim 13, claim 4 of U.S. Patent No. 11,856,588 teaches a frequency domain at a center of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 4 of U.S. Patent No. 11,856,588 lines 1-5).
For claim 14, claim 5 of U.S. Patent No. 11,856,588 teaches a frequency domain at an edge of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 5 of U.S. Patent No. 11,856,588 lines 1-5).
For claim 15, claim 6 of U.S. Patent No. 11,856,588 teaches a frequency domain adjacent to a frequency domain to which the first control signal is mapped is identified as a region to which the second control signal is mapped (claim 6 of U.S. Patent No. 11,856,588 lines 1-4).
For claim 16, claim 7 of U.S. Patent No. 11,856,588 teaches whether the second control signal is transmitted or not is determined based on information on the data signal indicated by the first control signal (claim 7 of U.S. Patent No. 11,856,588 lines 1-4).
Claims 1-9, 11-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-16 respectively of U.S. Patent No. 12,167,421.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the instant application are fully covered by the patent claims.
For claim 1, claim 1 of U.S. Patent No. 12,167,421 teaches a process controlled by an integrated circuit.
generating a first control signal and a second control signal as in the application corresponds to the limitation “demultiplexing a data .. second control signal” (claim 1 of U.S. Patent No. 12,167,421 lines 5-6);
transmitting the first control signal, the second control signal, and a data signal as in the application corresponds to the limitation “receiving a first .. control signal” (claim 1 of U.S. Patent No. 12,167,421 lines 3),
a resource for the second control signal is identified based on information related to the data signal indicated by the first control signal, and a resource size for the second control signal is identified in accordance with a modulation and coding scheme (MCS) for the data signal as in the application corresponds to the limitation “a resource size .. data signal” (claim 1 of U.S. Patent No. 12,167,421 lines 10-12).
For claim 2, claim 3 of U.S. Patent No. 12,167,421 teaches the resource size for the second control signal is identified in accordance with an aggregation level of the first control signal (claim 3 of U.S. Patent No. 12,167,421 lines 1-4).
For claim 3, claim 4 of U.S. Patent No. 12,167,421 teaches the second control signal is mapped within a frequency domain to which the data signal is mapped (claim 4 of U.S. Patent No. 12,167,421 lines 1-3).
For claim 4, claim 5 of U.S. Patent No. 12,167,421 teaches a frequency domain at a center of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 5 of U.S. Patent No. 12,167,421 lines 1-4).
For claim 5, claim 6 of U.S. Patent No. 12,167,421 teaches a frequency domain at an edge of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 6 of U.S. Patent No. 12,167,421 lines 1-4).
For claim 6, claim 7 of U.S. Patent No. 12,167,421 teaches a frequency domain adjacent to a frequency domain to which the first control signal is mapped is identified as a region to which the second control signal is mapped (claim 7 of U.S. Patent No. 12,167,421 lines 1-4).
For claim 7, claim 8 of U.S. Patent No. 12,167,421 teaches whether the second control signal is transmitted or not is determined based on information on the data signal indicated by the first control signal (claim 8 of U.S. Patent No. 12,167,421 lines 1-4).
For claim 8, claim 9 of U.S. Patent No. 12,167,421 teaches an integrated circuit.
generate a first control signal and a second control signal as in the application corresponds to the limitation “demultiplexes a data .. control signal” (claim 9 of U.S. Patent No. 12,167,421 lines 5-6);
control transmitting the first control signal, the second control signal, and a data signal as in the application corresponds to the limitation “controls reception .. control signal” (claim 9 of U.S. Patent No. 12,167,421 lines 3-4),
a resource for the second control signal is identified based on information related to the data signal indicated by the first control signal, and a resource size for the second control signal is identified in accordance with a modulation and coding scheme (MCS) for the data signal as in the application corresponds to the limitation “0a resource size .. data signal” (claim 9 of U.S. Patent No. 12,167,421 lines 10-12).
For claim 9, claim 10 of U.S. Patent No. 12,167,421 teaches at least one input coupled to the circuitry, wherein the at least one input, in operation, inputs data; and at least one output coupled to the circuitry, wherein the at least one output, in operation, outputs data to be transmitted (claim 10 of U.S. Patent No. 12,167,421 lines 1-6).
For claim 11, claim 11 of U.S. Patent No. 12,167,421 teaches the resource size for the second control signal is identified in accordance with an aggregation level of the first control signal (claim 11 of U.S. Patent No. 12,167,421 lines 1-4).
For claim 12, claim 12 of U.S. Patent No. 12,167,421 teaches the second control signal is mapped within a frequency domain to which the data signal is mapped (claim 12 of U.S. Patent No. 12,167,421 lines 1-3).
For claim 13, claim 13 of U.S. Patent No. 12,167,421 teaches a frequency domain at a center of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 13 of U.S. Patent No. 12,167,421 lines 1-4).
For claim 14, claim 14 of U.S. Patent No. 12,167,421 teaches a frequency domain at an edge of a channel estimation region indicated by the first control signal is identified as a region to which the second control signal is mapped (claim 14 of U.S. Patent No. 12,167,421 lines 1-4).
For claim 15, claim 15 of U.S. Patent No. 12,167,421 teaches a frequency domain adjacent to a frequency domain to which the first control signal is mapped is identified as a region to which the second control signal is mapped (claim 15 of U.S. Patent No. 12,167,421 lines 1-4).
For claim 16, claim 16 of U.S. Patent No. 12,167,421 teaches whether the second control signal is transmitted or not is determined based on information on the data signal indicated by the first control signal (claim 16 of U.S. Patent No. 12,167,421 lines 1-4).
Allowable Subject Matter
Claims 1-9, 11-16 would be allowable if the rejections as stated above are overcome.
Claim 10 is 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 and if the rejection of independent claim 8 is overcome.
Claims 17-20 are allowed.
The cited prior art alone or in combination fail to teach or make obvious on the following when considered in combination with other limitations in the claim: “generating a first control signal and a second control signal; and transmitting the first control signal, the second control signal, and a data signal, wherein a resource for the second control signal is identified based on information related to the data signal indicated by the first control signal, and a resource size for the second control signal is identified in accordance with a modulation and coding scheme (MCS) for the data signal” as recited in independent claims 1, 8, 17.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tavildar et al. (PG Pub US 2017/0033901 A1) discloses multiplexing downlink control information (DCI) signals for multiple user equipments (UEs) at an aggregation level (AL) by coding the DCI signals together in a control channel and transmitting the control channel. In an exemplary method, a BS multiplexes a first plurality of downlink control information (DCI) signals for a first plurality of user equipments (UEs) at a first aggregation level (AL) coded together in a first control channel and transmits the control channel.
Conclusion
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CHRISTINE DUONG FUQUA
Primary Examiner
Art Unit 2462
/CHRISTINE T DUONG/ Primary Examiner, Art Unit 2462 08/19/2026
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