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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,166,560. Although the claims at issue are not identical, they are not patentably distinct from each other because (See mapping below).
Regarding claims 1, 10 and 18 (Instant Application), claim 1, 10 and 18 (U.S. Patent No. 12,166,560) substantially disclose the corresponding claim limitations as highlighted in the table below.
As can be seen, the slight difference is that the instant application claim recites “scheduling request ID based on detection of a beam failure” in lieu of “scheduling request ID on which the beam failure is detected” recited in claims of the U.S. Patent No. US 12,166,560.
The minor difference would be obvious to one skilled in the art since each of the respective elements perform the same function. The obvious variation in the wording does not change claim scope.
18/940,336 (instant application)
12,166,560
1. A method, comprising: receiving radio resource control (RRC) signaling indicating a first beam failure detection (BFD) resource set and a second BFD resource set associated with a first transmission reception point (TRP) and a second TRP, respectively; receiving a configuration for a first scheduling request ID and a second scheduling request ID associated with the first BFD resource set and the second BFD resource set, respectively;
and transmitting an indication with at least one of the first scheduling request ID or the second scheduling request ID based on detection of a beam failure of at least one of the first BFD resource set or the second BFD resource set.
1. A method, comprising: receiving radio resource control (RRC) signaling indicating first beam failure detection (BFD) resource set and a second BFD resource set associated with a first transmission reception point (TRP) and a second TRP, respectively; receiving a configuration for a first scheduling request ID and a second scheduling request ID associated with the first BFD resource set and the second BFD resource set, respectively; detecting beam failure on at least one of the first BFD resource set or the second BFD resource set; and transmitting an indication of at least one of the first scheduling request ID or the second scheduling request ID associated with the at least one of the first BFD resource set or the second BFD resource set on which the beam failure is detected.
10. An apparatus, comprising: a processor configured to, when executing instructions stored in a memory, perform operations comprising: receiving radio resource control (RRC) signaling indicating a first beam failure detection (BFD) resource set and a second BFD resource set associated with a first transmission reception point (TRP) and a second TRP, respectively; receiving a configuration for a first scheduling request ID and a second scheduling request ID associated with the first BFD resource set and the second BFD resource set, respectively;
and transmitting an indication with at least one of the first scheduling request ID or the second scheduling request ID based on detection of a beam failure of at least one of the first BFD resource set or the second BFD resource set.
10. An apparatus, comprising: a processor configured to, when executing instructions stored in a memory, perform operations comprising: receiving radio resource control (RRC) signaling indicating a first beam failure detection (BFD) resource set and a second BFD resource set associated with a first transmission reception point (TRP) and a second TRP, respectively; receiving a configuration for a first scheduling request ID and a second scheduling request ID associated with the first BFD resource set and the second BFD resource set, respectively; detecting beam failure on at least one of the first BFD resource set or the second BFD resource set; and transmitting an indication of at least one of the first scheduling request ID or the second scheduling request ID associated with the at least one of the first BFD resource set or the second BFD resource set on which the beam failure is detected.
18. A method, comprising: transmitting radio resource control (RRC) signaling indicating a first beam failure detection (BFD) resource set and a second BFD resource set associated with a first transmission reception point (TRP) and a second TRP, respectively; transmitting a configuration for a first scheduling request ID and a second scheduling request ID associated with the first BFD resource set and the second BFD resource set, respectively; and receiving an indication of a beam failure, the beam failure associated with least one of the first scheduling request ID or the second scheduling request ID.
18. A method, comprising: transmitting radio resource control (RRC) signaling indicating a first beam failure detection (BFD) resource set and a second BFD resource set associated with a first transmission reception point (TRP) and a second TRP, respectively; transmitting a configuration for a first scheduling request ID and a second scheduling request ID associated with the first BFD resource set and the second BFD resource set, respectively; and receiving an indication of at least one of the first scheduling request ID or the second scheduling request ID associated with the at least one of the first BFD resource set or the second BFD resource set on which a beam failure is detected.
Regarding claim 2 (instant application), claim 2 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 3 (instant application), claim 3 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 4 (instant application), claim 4 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 5 (instant application), claim 5 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 6 (instant application), claim 6 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 7 (instant application), claim 7 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 8 (instant application), claim 8 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 9 (instant application), claim 9 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 11 (instant application), claim 11 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 12 (instant application), claim 12 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 13 (instant application), claim 13 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 14 (instant application), claim 14 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 15 (instant application), claim 15 (US 11,251,841 B2) substantially disclose similar claim limitations.
Regarding claim 16 (instant application), claim 16 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 17 (instant application), claim 17 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 19 (instant application), claim 19 (US 12,166,560) substantially disclose similar claim limitations.
Regarding claim 20 (instant application), claim 20 (US 12,166,560) substantially disclose similar claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240214142 A1 or US 11930550 B2 or US 20210282168 A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL BAYARD whose telephone number is (571)272-3016. The examiner can normally be reached 6-9.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahn K Sam can be reached at 571-272-3044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL BAYARD/Primary Examiner, Art Unit 2633