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 .
Priority
2. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/688,372, filed on November 19, 2019.
Information Disclosure Statement
3. The information disclosure statement(s) submitted on November 4,2024 and December 20, 2024 have been considered by the Examiner and made of record in the application file.
Double Patenting
4. 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 1-18 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-18 of copending Application No. 16/688,372 (U.S. Patent # 11,411,690 B2)(hereinafter refer as Moon et al. ‘690 B2) (This reference is cited in the IDS filed on 11/04/2024) in view of Takeda et al. (U.S. Patent Application Publication # 2021/0235481 A1) (This reference is cited in the IDS filed on 11/04/2024).
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the "same invention" as the first application or patent.
Regarding claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of copending application of Moon et al. ‘690 B2.
Claim 1 of the Instant Application
Claims 1 and 10 of Moon et al. ‘690 B2
Limitation 1: at least one processor, wherein the at least one processor causes the terminal to: receive, from a base station, downlink control information (DCI) indicating time domain resource allocation information including a start and length indicator value (SLIV) set including N SLIVs, each of the N SLIVs corresponding to each of N physical uplink shared channel (PUSCH) resource regions, and the N being a natural number of 2 or more;
Limitation 1: receiving, from a base station, downlink control information (DCI) indicating time domain resource allocation information including a start and length indicator value (SLIV) set including N SLIVs, each of the N SLIVs corresponding to each of N physical uplink shared channel (PUSCH) resource regions, and the N being a natural number of 2 or more;
Limitation 2: N/A
Limitation 2: identifying, in a first slot, a first PUSCH resource region among the N PUSCH resource regions based on a first SLIV among the N SLIVs;
Limitation 3: N/A
Limitation 3: identifying, in a second slot which is determined based on a location of the first PUSCH resource region, a second PUSCH resource region among the N PUSCH resource regions based on a second SLIV among the N SLIVs;
Limitation 4: transmit, to the base station, first data in a first PUSCH resource region, indicated by a first SLIV among the N SLIVs, among the N PUSCH resource regions in a first slot; and
Limitation 4: transmitting, to the base station, first data in the first PUSCH resource region among the N PUSCH resource regions; and
Limitation 5: transmit, to the base station, second data in a second PUSCH resource region, indicated by a second SLIV among the N SLIVs, among the N PUSCH resource regions in a second slot.
Limitation 5: transmitting, to the base station, second data in the second PUSCH resource region among the N PUSCH resource regions.
Takeda et al. teach a user terminal (Fig.11 @ 20) comprising of a processor (Fig.11 @ 1001).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the UE hardware as taught by Takeda et al. with the UE systems as taught by the 3GPP document for the purpose of improving PUSCH scheduling by devices in a NR network.
Regarding claims 2-9, and as applied to claim 1 above, although the conflicting claims are not identical, they are not patentably distinct from each other because claim 2-9 of the instant application, as modified by Takeda et al., merely broadens the scope of the claims 2-9 of copending application of Moon et al. ‘690 B2 by eliminating the elements and their functions of the claims.
Regarding claim 10 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 10 of copending application of Moon et al. ‘690 B2.
Claim 10 of the Instant Application
Claim 10 of Moon et al. ‘690 B2
Limitation 1: at least one processor, wherein the at least one processor causes the base station to: transmit, to a terminal, downlink control information (DCI) indicating time domain resource allocation information which includes a start and length indicator value (SLIV) set including SLIVs, each of the SLIVs corresponding each of physical uplink shared channel (PUSCH) resource regions including a first PUSCH resource region and a second PUSCH resource region;
Limitation 1: generating downlink control information (DCI) indicating time domain resource allocation information which includes a start and length indicator value (SLIV) set including SLIVs, each of the SLIVs corresponding to each of physical uplink shared channel (PUSCH) resource regions including a first PUSCH resource region and a second PUSCH resource region; transmitting, to a terminal, the DCI;
Limitation 2: receive, from the terminal, first data in the first PUSCH resource region indicated by a first SLIV among the SLIVs in a first slot; and
Limitation 2: receiving, from the terminal, first data in the first PUSCH resource region indicated by a first SLIV among the SLIVs in a first slot; and
Limitation 3: receive, from the terminal, second data in the second PUSCH resource region indicated by a second SLIV among the SLIVs in a second slot.
Limitation 3: receiving, from the terminal, second data in the second PUSCH resource region indicated by a second SLIV among the SLIVs in a second slot.
Takeda et al. teach a base station (Fig.11 @ 10) comprising of a processor (Fig.11 @ 1001).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the base station hardware as taught by Takeda et al. with the base stations systems as taught by the 3GPP document for the purpose of improving PUSCH scheduling by devices in a NR network.
Regarding claims 11-18, and as applied to claim 10 above, although the conflicting claims are not identical, they are not patentably distinct from each other because claims 11-18 of the instant application, as modified by Takeda et al., merely broadens the scope of the claim 11-18 of copending application of Moon et al. ‘690 B2 by eliminating the elements and their functions of the claims.
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 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.
Claim Rejections - 35 USC § 103
5. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over the 3GPP document (“TS 38.214 V15.3.0”, September 2018) (This reference is cited in the IDS filed on 11/04/2024) in view of Takeda et al. (U.S. Patent Application Publication # 2021/0235481 A1) (This reference is cited in the IDS filed on 11/04/2024).
Regarding claim 1, the 3GPP document teach a terminal (read as UE (Section 6.1, page 72-73); For example, “A UE shall upon detection of a PDCCH with a configured DCI format 0_0 or 0_1 transmit the corresponding PUSCH as indicated by that DCI.”(Section 6.1, page 72-73)), the terminal (read as UE (Section 6.1, page 72-73)) comprising:
a downlink control information (DCI) indicating time domain resource allocation information including a start and length indicator value (SLIV) set including N SLIVs (read as DCI with a time domain resource assignment field (Section 6.1.2.1, pages 74-75) For example, the time domain resource assignment may be a “the start and length indicator SLIV”(Section 6.1.2.1, page 74)),
each of the N SLIVs corresponding to each of N physical uplink shared channel (PUSCH) resource regions (read as “The determination of the used resource allocation table is defined in sub-clause 6.1.2.1.1. The indexed row defines the slot offset K2, the start and length indicator SLIV, or directly the start symbol S and the allocation length L, and the PUSCH mapping type to be applied in the PUSCH transmission.”(Section 6.1.2.1, page 74)), and
the N being a natural number of 2 or more (read as slot offset K2 (Section 6.1.2.1, Table 6.1.2.1.1-2, page 75-77));
However, the 3GPP document fails to explicitly teach at least one processor,
wherein the at least one processor causes the terminal to:
receiving, from a base station, downlink control information (DCI)
transmit, to the base station, first data in a first PUSCH resource region, indicated by a first SLIV among the N SLIVs, among the N PUSCH resource regions in a first slot; and
transmit, to the base station, second data in a second PUSCH resource region, indicated by a second SLIV among the N SLIVs, among the N PUSCH resource regions in a second slot.
Takeda et al. teach a user terminal (Fig.11 @ 20) comprising at least one processor (Fig.11 @ 1001),
wherein the at least one processor (Fig.11 @ 1001) causes the terminal (Fig.11 @ 20) to:
receiving, from a base station (Fig(s).8 @ 11 and 11 @ 10), downlink control information (DCI) (read as “the base station provides a row number of the N-row SLIV table to a UE by using DCI to schedule a PUSCH.”(Paragraph [0029]))
transmit, to the base station (Fig(s).8 @ 11 and 11 @ 10), first data in a first PUSCH resource region among the N PUSCH resource regions (read as transmitting/receiving section (Fig.8, Fig.11 @ 203 and Fig.12; Paragraphs [0124] and [0126]); For example, “uplink user data is input from the application section 205 to the baseband signal processing section 204. In the baseband signal processing section 204, the uplink user data is subjected to a transmission process (for example, HARQ transmission process) of retransmission control, channel coding, pre-coding, a discrete Fourier transform (DFT) process, an IFFT process, and the like and is transferred to the transmitting/receiving section 203, The transmitting/receiving section 203 converts a baseband signal output from the baseband signal processing section 204 into a radio frequency band and transmits a signal in the radio frequency band.”(Paragraph [0126])); and
transmit, to the base station (Fig(s).8 @ 11 and 11 @ 10), second data in a second PUSCH resource region among the N PUSCH resource regions (read as transmitting/receiving section (Fig.8, Fig.11 @ 203, and Fig.12; Paragraphs [0124] and [0126]); For example, “uplink user data is input from the application section 205 to the baseband signal processing section 204. In the baseband signal processing section 204, the uplink user data is subjected to a transmission process (for example, HARQ transmission process) of retransmission control, channel coding, pre-coding, a discrete Fourier transform (DFT) process, an IFFT process, and the like and is transferred to the transmitting/receiving section 203, The transmitting/receiving section 203 converts a baseband signal output from the baseband signal processing section 204 into a radio frequency band and transmits a signal in the radio frequency band.”(Paragraph [0126])),
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the UE hardware executing the function for receiving a DCI and the UE hardware executing the function to transmit uplink user data as taught by Takeda et al. with the UE systems as taught by the 3GPP document for the purpose of improving PUSCH scheduling by devices in a NR network.
Regarding claim 10, the 3GPP document teaches a base station (read as gNB (Section 5.2.1, page 34); For example, “The time and frequency resources that can be used by the UE to report CSI are controlled by the gNB.”(Section 5.2.1, page 34)),, the base station (read as gNB (Section 5.2.1, page 34)) comprising:
a downlink control information (DCI) indicating time domain resource allocation information which includes a start and length indicator value (SLIV) set including SLIVs (read as DCI with a time domain resource assignment field (Section 6.1.2.1, pages 74-75) For example, the time domain resource assignment may be a “the start and length indicator SLIV”(Section 6.1.2.1, page 74)),
each of the SLIVs corresponding each of physical uplink shared channel (PUSCH) resource regions including a first PUSCH resource region and a second PUSCH resource region (read as slot offset). (read as “The indexed row defines the slot offset K2, the start and length indicator SLIV, or directly the start symbol S and the allocation length L, and the PUSCH mapping type to be applied in the PUSCH transmission.”(Section 6.1.2.1, page 74));
However, the 3GPP document fails to explicitly teach at least one processor, wherein the at least one processor causes the base station to:
transmit, to a terminal, downlink control information (DCI)
receive, from the terminal, first data in the first PUSCH resource region indicated by a first SLIV among the SLIVs in a first slot; and
receive, from the terminal, second data in the second PUSCH resource region indicated by a second SLIV among the SLIVs in a second slot.
Takeda et al. teach a base station (Fig(s).8-10 and 11 @ 10) comprising at least one processor (Fig.11 @ 1001),
wherein the at least one processor (Fig.11 @ 1001) causes the base station (Fig.11 @ 10) to:
transmit, to a terminal (Fig(s).8-11), downlink control information (DCI) (read as “the base station provides a row number of the N-row SLIV table to a UE by using DCI to schedule a PUSCH.”(Paragraph [0029]))
receive, from the terminal (Fig(s).8-11), first data in the first PUSCH resource region indicated by a first SLIV among the SLIVs in a first slot (read as transmitting/receiving section (Fig.9 @ 103) For example, “The transmitting/receiving section 103 receives the uplink signal amplified by the amplifying section 102. The transmitting/receiving section 103 converts the received signal in frequency to a baseband signal and outputs the baseband signal to the baseband signal processing section 104.”(Paragraph [0104]) Also, “user data contained in the input uplink signal is subjected to a reception process …”(Paragraph [0105])); and
receive, from the terminal (Fig(s).8-11), second data in the second PUSCH resource region indicated by a second SLIV among the SLIVs in a second slot. (read as transmitting/receiving section (Fig.9 @ 103) For example, “The transmitting/receiving section 103 receives the uplink signal amplified by the amplifying section 102. The transmitting/receiving section 103 converts the received signal in frequency to a baseband signal and outputs the baseband signal to the baseband signal processing section 104.”(Paragraph [0104]) Also, “user data contained in the input uplink signal is subjected to a reception process …”(Paragraph [0105]))
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the base station hardware executing the function for transmitting a DCI and the base station hardware executing the function to receive uplink user data as taught by Takeda et al. with the gNB systems as taught by the 3GPP document for the purpose of improving PUSCH scheduling by devices in a NR network.
Regarding claim 2, and as applied to claim 1 above, The 3GPP document, as modified by Takeda et al., teach a terminal (read as UE (Section 6.1, page 72-73)) wherein duration of the first PUSCH resource region is determined based on a first SLIV among the N SLIVs (read as resource allocation in time domain for data to be transmitted on a PUSCH (Section 6.1.2, pages 74-77)), and
duration of the second PUSCH resource region is determined based on a second SLIV among the N SLIVs. (read as resource allocation in time domain for data to be transmitted on a PUSCH (Section 6.1.2, pages 74-77))
Regarding claims 3 and 11, and as applied to claims 1 and 10 above, the 3GPP document, as modified by Takeda et al., teach a terminal (read as UE (Section 6.1, page 72-73)) and base station (read as gNB (Section 5.2.1, page 34)) wherein the time domain resource allocation information further includes a slot offset, and a first slot in which the first PUSCH resource region is located is determined based on the slot offset. (read as K2 (Table(s) 6.1.2.1.1-2 and 6.1.2.1.1-3, page(s) 76-77))
Regarding claims 4 and 12, and as applied to claims 3 and 11 above, the 3GPP document, as modified by Takeda et al., teach a terminal (read as UE (Section 6.1, page 72-73)) and base station (read as gNB (Section 5.2.1, page 34)) wherein the at least one processor further causes the terminal and the base station comprising:
receive, from the base station (read as gNB (Section 5.2.1, page 34)), configuration information including the SLIV set and the slot offset. (read as DCI with a time domain resource assignment field (Section 6.1.2.1, pages 74-75))
transmit, to the terminal (read as UE (Section 6.1, page 72-73)), configuration information including the SLIV set and the slot offset. (read as DCI with a time domain resource assignment field (Section 6.1.2.1, pages 74-75))
Regarding claim 13, and as applied to claim 10 above, the 3GPP document, as modified by Takeda et al., teach a terminal (read as UE (Section 6.1, page 72-73)) wherein a number of the PUSCH resource regions is signaled by a number of the SLIVs included in the SLIV set. (read as resource allocation in time domain for data to be transmitted on a PUSCH (Section 6.1.2, pages 74-77))
Regarding claims 5 and 14, and as applied to claims 1 and 10 above, the 3GPP document, as modified by Takeda et al., teach a terminal (read as UE (Section 6.1, page 72-73)) and a base station (read as gNB (Section 5.2.1, page 34)) wherein the DCI further includes frequency domain resource allocation information (read as resource allocation in frequency domain (Section 6.1.2.2, page 77)), and
the PUSCH resource regions are located in same frequency resources indicated by the frequency domain resource allocation information. (read as resource allocation in frequency domain (Section 6.1.2.2, page 77-79))
Regarding claims 6 and 15, and as applied to claims 1 and 10 above, the 3GPP document, as modified by Takeda et al., teach a terminal (read as UE (Section 6.1, page 72-73)) and a base station (read as gNB (Section 5.2.1, page 34)) whether the time domain resource allocation information further includes a mapping type of each of the PUSCH resource regions. (read as PUSCH type (Section 6.1.2.1, page 74-77))
Regarding claims 7 and 16, and as applied to claims 1 and 10 above, the 3GPP document, as modified by Takeda et al., teach a terminal (read as UE (Section 6.1, page 72-73)) and a base station (read as gNB (Section 5.2.1, page 34)) wherein a start symbol of the each of the PUSCH resource regions is indicated by the each of the SLIVs (read as resource allocation (Section 6.1.2, pages 74-77)), and
the start symbol indicates a time offset between a start point of a slot in which the each of the PUSCH resource regions is located and a start point of the each of the PUSCH resource regions. (read as “The indexed row defines the slot offset K2, the start and length indicator SLIV, or directly the start symbol S and the allocation length L, and the PUSCH mapping type to be applied in the PUSCH transmission.”(Section 6.1.2.1, page 74))
Regarding claims 8 and 17, and as applied to claims 1 and 10 above, the 3GPP document, as modified by Takeda et al., teach a terminal (read as UE (Section 6.1, page 72-73)) and a base station (read as gNB (Section 5.2.1, page 34)) wherein the first data and the second data are associated with a same transport block (TB). (read as same transport block (Section 6.1.4.2, page 84))
Regarding claims 9 and 18, and as applied to claims 1 and 10 above, the 3GPP document, as modified by Takeda et al., teach a terminal (read as UE (Section 6.1, page 72-73)) and a base station (read as gNB (Section 5.2.1, page 34)) wherein the first data and the second data are associated with different TBs. (read as Transport block size determination (Section 6.1.4.2, pages 83-84))
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure:
Yoshioka et al. (U.S. Patent Application Publication # 2021/0344440 A1) teach “the UE controls a PDSCH receiving process (for example, at least one of receiving, demapping, demodulation, or decoding) or a PUSCH transmitting process (for example, at least one of transmitting, mapping, modulation, or encoding) in the K consecutive slots on the basis of at least one of the following field values (or information indicating the field value) in the above DCI: [0166] the allocation of time-domain resource (such as the start symbol and the number of symbols in each slot, for example), [0167] the allocation of frequency-domain resource (for example, a given number of resource blocks (RB) or a given number of resource block groups (REGs)),… ”(Paragraph(s) [0165]-[0166])
Peng et al. (U.S. Patent Application Publication # 2021/0344440 A1) teach “a downlink control information (DCI) transmission method, a device and a network equipment, wherein the method includes: determining a DCI format for transmitting the downlink control information (DCI), the DCI format comprising: a time domain resource allocation field, an aggregation transmission indication field, a first indication field or a second indication field, the first indication field indicating a configuration value of a time domain resource and a configuration value of a modulation order, the second indication field indicating a configuration value of a time domain resource and a configuration value of an aggregate transmission indication; and transmitting the DCI according to the DCI format. ”(Abstract)
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/SALVADOR E RIVAS/Primary Examiner, Art Unit 2413
October 5, 2026
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