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 .
This Office Action is a response to communications dated 11/09/2024. Claims 1-20 are pending in the application.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 11/26/2024 complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. It has been considered and placed in the application file.
Claim Objections
Claims 1, 8-9, 12, 19, and 20 are objected to because of the following informalities:
As per claim 1, first occurrence of acronyms QCL, MAC, PDCCH, PDSCH, TCI-StateId should be spelled out.
As per claim 8, first occurrence of acronym RRC should be spelled out.
As per claim 9, first occurrence of acronym RRC should be spelled out.
As per claim 12, first occurrence of acronym HARQ should be spelled out.
As per claim 19, first occurrence of acronyms QCL, MAC, PDCCH, PDSCH, TCI-StateId should be spelled out.
As per claim 20, first occurrence of acronyms QCL, MAC, PDCCH, PDSCH, TCI-StateId should be spelled out.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per base claims 1, 19, and 20, the claims are deemed indefinite for the following reasons.
First, the claims commonly recite the limitations of “a physical-layer channel occupied by the first signaling comprises a PDCCH; a physical-layer channel occupied by the second signaling comprises a PDCCH; a physical-layer channel occupied by the second signal comprises a PDSCH.” The limitations are indefinite because it is unclear whether the limitations refer to one “physical-layer channel” or three different “physical-layer channels.” In addition, the limitations recite the past tense of the verb “occupy.” It is further unclear when or where “the first signaling,” “the second signaling,” and “the second signal” were first “occupy” the “physical-layer channel.” As a result, the claims are deemed indefinite because it appears that the Applicant fails to clearly set forth the metes and bounds of a claim invention that the Applicant seeks to protect.
Second, the claims also recite the limitations of “the first reference signal resource comprises a Channel-State Information Reference Signals (CSI-RS) resource, the first reference signal resource corresponds to a TCI-StateId; the second reference signal resource comprises a CSI-RS resource, the second reference signal resource corresponds to a TCI-StateId; the third reference signal resource comprises a CSI-RS resource, the third reference signal resource corresponds to a TCI-StateId.” The recitations appears to further limit the “first reference signal,” “the second reference signal, and “the third reference signal,” previously recited elsewhere in the claims. Therefore, it should begin with the word “wherein” to clearly delineate the claim limitations. Moreover, it is also unclear one “TCI-StateId” or three different “TCI-State Ids” are required in the recitations. For at least one of the mentioned rationales, the claims are deemed indefinite because it appears that the Applicant fails to clearly set forth the metes and bounds of a claim invention that the Applicant seeks to protect.
Dependent claims 2-18 inherit the discrepancies of their parent claim as above discussed.
For examining purpose, the claims are examined as understood hereinbelow.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,185,128 in view of ETSI TS 138 321 V16.1.0, 5G; NR; Medium Access Control (MAC) protocol specification (3GPP TS 38.321 version 16.1.0 Release 16), 153 pages, July 2020 (hereinafter “Doc”).
Instant Application Claim 1 Claims:
A first node for wireless communications, comprising:
a first receiver, receiving a first signaling in a first time-frequency resource set, a demodulation reference signal of a channel occupied by the first signaling and a first reference signal resource being QCL;
a second receiver, receiving a MAC-layer control unit, the MAC-layer control unit being used to indicate a second reference signal resource; and
a third receiver, receiving a second signaling in a second time-frequency resource set, and receiving a second signal in a third time-frequency resource set;
wherein the first reference signal resource is associated with a first Physical Cell Identifier (PCI), and the second reference signal resource is associated with a second PCI; the first signaling and the second signaling are both physical-layer signalings, and the second signaling is used to indicate the third time-frequency resource set; a demodulation reference signal of a channel occupied by the second signaling and the second reference signal resource are QCL; a demodulation reference signal of a channel occupied by the second signal and a third reference signal resource are QCL;
whether the first PCI is the same as the second PCI is used to determine the third reference signal resource;
a physical-layer channel occupied by the first signaling comprises a PDCCH; a physical-layer channel occupied by the second signaling comprises a PDCCH; a physical-layer channel occupied by the second signal comprises a PDSCH; the first reference signal resource comprises a Channel-State Information Reference Signals (CSI-RS) resource, the first reference signal resource corresponds to a TCI-StateId; the second reference signal resource comprises a CSI-RS resource, the second reference signal resource corresponds to a TCI-StateId; the third reference signal resource comprises a CSI-RS resource, the third reference signal resource corresponds to a TCI-StateId.
Patent 12185128 Claim 1 Claims:
A first node for wireless communications, comprising:
a first receiver, receiving a first signaling in a first time-frequency resource set, a demodulation reference signal of a channel occupied by the first signaling and a first reference signal resource being QCL;
a second receiver, receiving a MAC-layer control unit, the MAC-layer control unit being used to indicate a second reference signal resource; and
a third receiver, receiving a second signaling in a second time-frequency resource set, and receiving a second signal in a third time-frequency resource set;
wherein the first reference signal resource is associated with a first Physical Cell Identifier (PCI), and the second reference signal resource is associated with a second PCI; the first signaling and the second signaling are both physical-layer signalings, and the second signaling is used to indicate the third time-frequency resource set; a demodulation reference signal of a channel occupied by the second signaling and the second reference signal resource are QCL; a demodulation reference signal of a channel occupied by the second signal and a third reference signal resource are QCL; whether the first PCI is the same as the second PCI is used to determine the third reference signal resource.
Rationales:
From the above claim comparison, one can see that claim 1 of the ‘128 patent teaches similar recitations of claim 1 of the instant application. Alternatively, claim 1 of the instant application claims variously and essentially similar limitations as those in claim 1 of the ‘128 patent. There is a mere difference between the claim depicts in the bolded words and it is deemed obvious as following. Pertaining to the difference depicted in the bolded words, it appears the Applicant further specifies some parameters/control signals in a later filed patent application from reading claims of an early filed patent application issued into a patent. It is obvious to those skilled in the art to do so to seek a well-rounded protection for a disclosed invention. Moreover, there is no apparent reason why applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent.
Alternatively, it appears that claim 1 of the ‘128 patent fails to explicitly recite the limitations of “a physical-layer channel occupied by the first signaling comprises a PDCCH; a physical-layer channel occupied by the second signaling comprises a PDCCH; a physical-layer channel occupied by the second signal comprises a PDSCH;
the first reference signal resource comprises a Channel-State Information Reference Signals (CSI-RS) resource, the first reference signal resource corresponds to a TCI-StateId; the second reference signal resource comprises a CSI-RS resource, the second reference signal resource corresponds to a TCI-StateId; the third reference signal resource comprises a CSI-RS resource, the third reference signal resource corresponds to a TCI-StateId.” Nevertheless, such limitations lack of from the recitation of claim 1 of the ‘128 patent are well-known in the art and taught by Doc.
In an analogous in the same field of endeavor, Doc teaches new radio (NR) MAC protocol (Doc; page 8, section 1, Scope) comprising, among other things, the limitations of “a physical-layer channel occupied by the first signaling comprises a PDCCH; a physical-layer channel occupied by the second signaling comprises a PDCCH; a physical-layer channel occupied by the second signal comprises a PDSCH;
the first reference signal resource comprises a Channel-State Information Reference Signals (CSI-RS) resource, the first reference signal resource corresponds to a TCI-StateId; the second reference signal resource comprises a CSI-RS resource, the second reference signal resource corresponds to a TCI-StateId; the third reference signal resource comprises a CSI-RS resource, the third reference signal resource corresponds to a TCI-StateId” (Doc, page 77, section 5.18.4 Activation/Deactivation of UE-specific PDSCH TCI state; page 78, section 5.18.5 Indication of TCI state for UE-specific PDCCH).
Thus, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains before the effective filing date of the claimed invention to incorporate/combine/implement Doc’s teaching of activation/deactivation of UE-specific PDSCH TCI state and Indication of TCI state for UE-specific PDCCH into claim 1 of the ‘128 patent to arrive the claim invention to provide a serving cell ways to active/deactivate/indicate TCI state for UE-specific (Doc; pages 77-78).
The dependent claims 2-18 are included in the statement of rejection but not specifically addressed in the body of the rejection have inherited the deficiencies of their parent claim and have not resolved the deficiencies. Specifically, the claims are deemed obvious over the dependent claims 2-18 of '128 patent for the same rationale as applied to their parent claim as above discussed.
Claims 19-20 are deemed obvious over claims 19-20 of the ‘128 patent in view of Doc for the same rationales applied to method claim 1 as above discussed.
Allowable Subject Matter
It is noted that claims 1-20 of the instant application recite similar limitations as those in claims 1-20 of the ‘128 patent. Should a response to this Office Action overcome all of the above raised issues, the instant application shall be placed in a favorable condition for allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cirik et al. (US 2022/0353707).
Liu et al. (US 2023/0188283).
Ji et al. (US 2023/0232313).
Muruganathan et al. (US 2023/0199793).
Xiaomi, Enhancement on Inter-cell Multi-TRP operations, 3GPP TSG RAN WG1 #102-e, R1-2006545, August 17th-18th, 2020.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK DUONG whose telephone number is (571)272-3164. The examiner can normally be reached 7:00AM-3:30PM.
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/FRANK DUONG/Primary Examiner, Art Unit 2474 October 1, 2026
