DETAILED ACTION
Notice of 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 .
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 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. US 12,170,587 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application: 18/937,532
US 12,170,587 B2
1. A transmission method according to Frequency-Division Multiplexing (FDM), the transmission method comprising:
selecting a pattern from among resource allocation patterns, the resource allocation patterns defining respective allocations of Orthogonal Frequency-Division Multiplexing (OFDM) subcarriers to subcarrier groups;
mapping data groups onto the subcarrier groups according to the selected pattern to perform Frequency-Division Multiplexing (FDM); and
transmitting allocation information and the mapped data groups according to OFDM, the allocation information indicating the selected pattern, wherein
the subcarrier groups include a fixed subcarrier group having fixed OFDM subcarriers regardless of the selected pattern,
the number of the fixed OFDM subcarriers is fixed regardless of the selected pattern, and
the allocations of the OFDM subcarriers defined by the respective resource allocation patterns are mutually different in a frequency direction.
1. A transmission method according to Frequency-Division Multiplexing (FDM), the transmission method comprising:
selecting a pattern from among resource allocation patterns, the resource allocation patterns defining respective allocations of Orthogonal Frequency-Division Multiplexing (OFDM) subcarriers to subcarrier groups;
mapping data groups onto the subcarrier groups according to the selected pattern to perform Frequency-Division Multiplexing (FDM); and
transmitting allocation information and the mapped data groups according to OFDM, the allocation information indicating the selected pattern, wherein
the subcarrier groups include a fixed subcarrier group having fixed OFDM subcarriers regardless of the selected pattern,
the fixed OFDM subcarriers are fixed in a frequency direction, and a data group among the data groups is mapped onto the fixed subcarrier group,
the number of the fixed OFDM subcarriers is fixed regardless of the selected pattern, and
the allocations of the OFDM subcarriers defined by the respective resource allocation patterns are mutually different in a frequency direction.
2. A transmission device according to Frequency-Division Multiplexing (FDM), the transmission device comprising:
circuitry configured to:
select a pattern from among resource allocation patterns, the resource allocation patterns defining respective allocations of Orthogonal Frequency-Division Multiplexing (OFDM) subcarriers to subcarrier groups; and
map data groups onto the subcarrier groups according to the selected pattern to perform Frequency-Division Multiplexing (FDM); and
a transmitter configured to transmit allocation information and the mapped data groups according to OFDM, the allocation information indicating the selected pattern, wherein
the subcarrier groups include a fixed subcarrier group having fixed OFDM subcarriers regardless of the selected pattern,
the number of the fixed OFDM subcarriers is fixed regardless of the selected pattern, and
the allocations of the OFDM subcarriers defined by the respective resource allocation patterns are mutually different in a frequency direction.
2. A transmission device according to Frequency-Division Multiplexing (FDM), the transmission device comprising:
circuitry configured to:
select a pattern from among resource allocation patterns, the resource allocation patterns defining respective allocations of Orthogonal Frequency-Division Multiplexing (OFDM) subcarriers to subcarrier groups; and
map data groups onto the subcarrier groups according to the selected pattern to perform Frequency-Division Multiplexing (FDM); and
a transmitter configured to transmit allocation information and the mapped data groups according to OFDM, the allocation information indicating the selected pattern, wherein
the subcarrier groups include a fixed subcarrier group having fixed OFDM subcarriers regardless of the selected pattern,
the fixed OFDM subcarriers are fixed in a frequency direction, and a data group among the data groups is mapped onto the fixed subcarrier group,
the number of the fixed OFDM subcarriers is fixed regardless of the selected pattern, and
the allocations of the OFDM subcarriers defined by the respective resource allocation patterns are mutually different in a frequency direction.
3. A receiving device comprising:
a receiver configured to receive allocation information and mapped data groups according to Orthogonal Frequency-Division Multiplexing (OFDM), the allocation information indicating a selected pattern; and
a circuitry configured to demodulate the allocation information and the mapped data groups, wherein
the selected pattern is a pattern selected from among resource allocation patterns, the resource allocation patterns defining respective allocations of OFDM subcarriers to subcarrier groups,
the mapped data groups are data groups mapped onto the subcarrier groups according to the selected pattern to perform Frequency-Division Multiplexing (FDM),
the subcarrier groups include a fixed subcarrier group having fixed OFDM subcarriers regardless of the selected pattern,
the number of the fixed OFDM subcarriers is fixed regardless of the selected pattern, and
the allocations of the OFDM subcarriers defined by the respective resource allocation patterns are mutually different in a frequency direction.
3. A receiving device comprising:
a receiver configured to receive allocation information and mapped data groups according to Orthogonal Frequency-Division Multiplexing (OFDM), the allocation information indicating a selected pattern; and
a circuitry configured to demodulate the allocation information and the mapped data groups, wherein
the selected pattern is a pattern selected from among resource allocation patterns, the resource allocation patterns defining respective allocations of OFDM subcarriers to subcarrier groups,
the mapped data groups are data groups mapped onto the subcarrier groups according to the selected pattern to perform Frequency-Division Multiplexing (FDM),
the subcarrier groups include a fixed subcarrier group having fixed OFDM subcarriers regardless of the selected pattern,
the fixed OFDM subcarriers are fixed in a frequency direction, and a data group among the data groups is mapped onto the fixed subcarrier group,
the number of the fixed OFDM subcarriers is fixed regardless of the selected pattern, and
the allocations of the OFDM subcarriers defined by the respective resource allocation patterns are mutually different in a frequency direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIHONG YU whose telephone number is (571)270-5147. The examiner can normally be reached 10:00 am-6:00 pm EST Monday-Friday.
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/LIHONG YU/Primary Examiner, Art Unit 2631