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 .
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,167,346. Although the claims at issue are not identical, they are not patentably distinct from each other because both inventions are drawn to an IAB node that controls transmission power in a wireless communications system. Further, the claims recite language which is directed to an obvious variant of the instant application.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chopra et al. (Chopra), U.S. Patent Pub. No. 2020/0045645.
Regarding claims 1 and 11, Chopra discloses a method performed by an integrated access and backhaul (IAB) node (with an inherent memory and processor) in a wireless system (network node 106 can be part of a integrated access and backhaul network where multiple nodes are connected to each other, providing backhaul and access communications to each other, while simultaneously or concurrently being connected to local user equipment (UE) devices (e.g., UE 102 and 104).) (0031), comprising: transmitting, to a parent node (donor node), information on a desired backhaul downlink Tx power adjustment (inner loop power control embodiments); transmitting, to the parent node, information on a specific time resource configuration, to which the information on a desired backhaul downlink Tx power adjustment applies; and based on the information on a desired backhaul downlink Tx power adjustment, receiving, from the parent node, a backhaul downlink signal (In another embodiment, the closed loop power control can be performed via inner-loop power control where the donor node provides further adjustments to the value set by the outer-loop control. Unlike the outer-loop which provides the relative value, the inner-loop power control can be an iterative step up and step down command that iteratively adjusts the power level of the uplink transmission from the relay node.) (0017); (the DL backhaul transmission is performed by the DU-f of the parent node whereas the UL access transmission is performed by a UE-f of a child node or a UE.) (0046); see figures 7 and 8.
Regarding claims 6 and 16, Chopra discloses a method performed by a parent node (donor node) (with an inherent memory and processor) in a wireless system, the method comprising: receiving, from an IAB node, information on a desired backhaul downlink Tx power adjustment; receiving, from the IAB node, information on a specific time resource configuration, to which the information on a desired backhaul downlink Tx power adjustment applies; and based on the information on a desired backhaul downlink Tx power adjustment, transmitting, to the IAB node, a backhaul downlink signal (In another embodiment, the closed loop power control can be performed via inner-loop power control where the donor node provides further adjustments to the value set by the outer-loop control. Unlike the outer-loop which provides the relative value, the inner-loop power control can be an iterative step up and step down command that iteratively adjusts the power level of the uplink transmission from the relay node.) (0017); (the DL backhaul transmission is performed by the DU-f of the parent node whereas the UL access transmission is performed by a UE-f of a child node or a UE.) (0046); (see figures 7 and 8).
Regarding claims 2, 7, 12 and 17, Chopra discloses wherein a plurality of time resources where the information on a desired backhaul downlink Tx power adjustment applies are indicated via higher layer signaling (see network topology in figures 2 and 3, 0042).
Regarding claims 3, 8, 13 and 18, Chopra discloses receiving, from the parent node, information associated with backhaul downlink Tx power adjustment (The backhaul link and the access link can therefore be multiplexed in the fowling manner: 1) Time Division Multiplexing: The access link and the backhaul link are time multiplexed with each other. This implies that UE stack 306 and the GNB stack 308 are not active simultaneously; 2) Frequency Division Multiplexing (FDM): The access link and the backhaul link are active at the same time but on different frequency resources, e.g. on separate CC or on separate PRB on the same CC; 3) Space Division Multiplexing (SDM): The access link and the backhaul link are active at the same time on the same frequency resources.) (0042) (see also 0017).
Regarding claims 4, 9, 14 and 19, Chopra discloses receiving, from the parent node, information associated with multiplexing mode of the IAB node (The backhaul link and the access link can therefore be multiplexed in the fowling manner: 1) Time Division Multiplexing: The access link and the backhaul link are time multiplexed with each other. This implies that UE stack 306 and the GNB stack 308 are not active simultaneously; 2) Frequency Division Multiplexing (FDM): The access link and the backhaul link are active at the same time but on different frequency resources, e.g. on separate CC or on separate PRB on the same CC; 3) Space Division Multiplexing (SDM): The access link and the backhaul link are active at the same time on the same frequency resources. The spatial multiplexing can further be divided in to the two following cases: a) Intra Panel SDM: The access and backhaul use the same panel but different spatial layers; b) Inter Panel SDM: The access and backhaul use different panels. In an embodiment, the power control management system disclosed herein can apply when the UE stack and GNB stack are using FDM or SDM as the resources may overlap with each other in time, and reducing the power differences can improve AGC and overall throughput.) (0042) (see also 0031).
Regarding claims 5, 10, 15 and 20, Chopra discloses based on the information associated with multiplexing mode of the IAB node, receiving simultaneously backhaul downlink signals and backhaul uplink signals, in non-overlapping frequency resources or in overlapping frequency resources (The backhaul link and the access link can therefore be multiplexed in the fowling manner: 1) Time Division Multiplexing: The access link and the backhaul link are time multiplexed with each other. This implies that UE stack 306 and the GNB stack 308 are not active simultaneously; 2) Frequency Division Multiplexing (FDM): The access link and the backhaul link are active at the same time but on different frequency resources, e.g. on separate CC or on separate PRB on the same CC; 3) Space Division Multiplexing (SDM): The access link and the backhaul link are active at the same time on the same frequency resources. The spatial multiplexing can further be divided in to the two following cases: a) Intra Panel SDM: The access and backhaul use the same panel but different spatial layers; b) Inter Panel SDM: The access and backhaul use different panels. In an embodiment, the power control management system disclosed herein can apply when the UE stack and GNB stack are using FDM or SDM as the resources may overlap with each other in time, and reducing the power differences can improve AGC and overall throughput.) (0042) (see also 0031).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
NAM et al. U.S. Patent Pub. No. 2020/0059879 discloses dynamic timing adjustment for new radio IAB node.
LIU et al. U.S. Patent Pub. No. 2021/0168728 discloses a power control method and apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEMICA M. BEAMER whose telephone number is (571)272-7797. The examiner can normally be reached Monday thru Friday; 9:00 AM to 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D. Anderson can be reached at 571-272-4177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TEMICA M BEAMER/Primary Examiner, Art Unit 2646
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