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 .
DETAILED ACTION
Claims 1-20 are pending in this action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/18/2024, 01/12/206 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11/664,939. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
US 11,664,939
As per claim 1:
A method for use in a wireless transmit/receive unit (WTRU), the method comprising:
…receive first uplink (UL)-downlink (DL) configuration information indicating a first UL-DL configuration …
…receive second UL-DL configuration information indicating a second UL-DL configuration…
…receive a physical downlink shared channel (PDSCH) transmission in a DL direction of one or more first time units in the first set of PRBs,
wherein the DL direction of the one or more first time units is based on the first UL-DL configuration; and
… transmit first acknowledgement (ACK)/negative ACK (NACK) information in a UL direction of one or more second time units in the second set of …
wherein the first ACK/NACK information is based on the PDSCH transmission, and
wherein the UL direction of the one or more second time units is based on the second UL-DL configuration,
wherein the second UL-DL configuration …
As per claim 2:
As per claim 12:
wherein the first ACK/NACK information is transmitted in a physical uplink control channel (PUCCH) transmission.
As per claim 3:
As per claim 13:
wherein the first ACK/NACK information is transmitted in a physical uplink shared channel (PUSCH) transmission.
As per claim 5:
As per claim 15:
wherein the first UL-DL configuration information is received via broadcast signaling.
As per claim 6:
As per claim 16:
wherein the first UL-DL configuration information is received via radio resource control (RRC) signaling.
As per claim 7:
As per claim 17:
wherein the second UL-DL configuration information is received via RRC signaling.
As per claim 8:
As per claim 18:
wherein the second UL-DL configuration information is received via dynamic signaling.
As per claim 9:
As per claim 19:
wherein the first UL-DL configuration information is received via downlink control information (DCI).
As per claim 10:
As per claim 20:
wherein the second UL-DL configuration information is received via DCI.
As per claim 1:
A method for use in a wireless transmit/receive unit (WTRU), the method comprising:
receiving first uplink (UL)-downlink (DL) configuration information indicating a first UL-DL configuration;
receiving second UL-DL configuration information indicating a second UL-DL configuration;
receiving a physical downlink shared channel (PDSCH) transmission in a DL direction of one or more first symbols in a first subframe,
wherein the DL direction of the one or more first symbols is based on the first UL-DL configuration …
transmitting first acknowledgement (ACK)/negative ACK (NACK) information in a UL direction of one or more second symbols in the first …
wherein the first ACK/NACK information is based on the PDSCH transmission, and
wherein the UL direction of the one or more second symbols is based on the first UL-DL configuration and
the second UL-DL configuration.
As per claim 2:
wherein the first ACK/NACK information is transmitted in a physical uplink control channel (PUCCH) transmission.
As per claim 3:
wherein the first ACK/NACK information is transmitted in a physical uplink shared channel (PUSCH) transmission.
As per claim 5:
wherein the first UL-DL configuration information is received via broadcast signaling.
As per claim 6:
wherein the first UL-DL configuration information is received via radio resource control (RRC) signaling.
As per claim 6:
wherein the first UL-DL configuration information is received via radio resource control (RRC) signaling.
As per claim 8:
wherein the second UL-DL configuration information is received via downlink control information (DCI).
As per claim 8:
wherein the second UL-DL configuration information is received via downlink control information (DCI).
As per claim 8:
wherein the second UL-DL configuration information is received via … (DCI).
As per claim 2:
As per claim 12:
wherein the first ACK/NACK information is transmitted in a physical uplink control channel (PUCCH) transmission.
As per claim 2:
wherein the first ACK/NACK information is transmitted in a physical uplink control channel (PUCCH) transmission.
As per claim 3:
wherein the first ACK/NACK information is transmitted in a physical uplink shared channel (PUSCH) transmission.
As per claim 3:
wherein the first ACK/NACK information is transmitted in a physical uplink shared channel (PUSCH) transmission.
As per claim 5:
wherein the first UL-DL configuration information is received via broadcast signaling.
As per claim 5:
wherein the first UL-DL configuration information is received via broadcast signaling.
As per claim 6:
wherein the first UL-DL configuration information is received via radio resource control (RRC) signaling.
As per claim 6:
wherein the first UL-DL configuration information is received via radio resource control (RRC) signaling.
As per claim 7:
wherein the second UL-DL configuration information is received via RRC signaling.
As per claim 6:
wherein the first UL-DL configuration information is received via radio resource control (RRC) signaling.
As per claim 8:
wherein the second UL-DL configuration information is received via dynamic signaling.
As per claim 17:
wherein the second UL-DL configuration information is received via dynamic signaling.
As per claim 9:
wherein the first UL-DL configuration information is received via downlink control information (DCI).
As per claim 8:
wherein the second UL-DL configuration information is received via downlink control information (DCI).
As per claim 10:
wherein the second UL-DL configuration information is received via DCI.
As per claim 8:
wherein the second UL-DL configuration information is received via downlink control information (DCI).
One of ordinary skill in the art would clearly recognize independent claims of current application is an obvious variation of the claimed subject matter of independent claims of patent US 11,664,939. The primary difference is that current applicant receiving “physical resource blocks (PRBs)” instead of receiving “symbols in a subframe”.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,160,319, in view of Ji et al. (US 2015/0,280,868). Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
US 12,160,319
As per claim 1:
A method for use in a wireless transmit/receive unit (WTRU), the method comprising:
…receive first uplink (UL)-downlink (DL) configuration information indicating a first UL-DL configuration …
…receive second UL-DL configuration information indicating a second UL-DL configuration…
…receive a physical downlink shared channel (PDSCH) transmission in a DL direction of one or more first time units in the first set of PRBs,
wherein the DL direction of the one or more first time units is based on the first UL-DL configuration; and
… transmit first acknowledgement (ACK)/negative ACK (NACK) information in a UL direction of one or more second time units in the second set of …
wherein the first ACK/NACK information is based on the PDSCH transmission, and
wherein the UL direction of the one or more second time units is based on the second UL-DL configuration,
wherein the second UL-DL configuration …
As per claim 1:
A method for use in a base station, the method comprising:
transmitting first uplink (UL)-downlink (DL) configuration information indicating a first UL-DL configuration;
transmitting second UL-DL configuration information indicating a second UL-DL configuration;
transmitting, in a first subframe, a physical downlink shared channel (PDSCH) transmission in a DL direction of one or more first symbols,
wherein the DL direction of the one or more first symbols is based on the first UL-DL configuration and the second UL-DL configuration; and
receiving, in the first subframe, first acknowledgement (ACK)/negative ACK (NACK) information in a UL direction of one or more second symbols,
wherein the first ACK/NACK information is based on the PDSCH transmission, and
wherein the UL direction of the one or more second symbols is based on the first UL-DL configuration and
the second UL-DL configuration.
As per claim 2:
wherein the first ACK/NACK information is transmitted in a physical uplink control channel (PUCCH) transmission.
As per claim 2:
wherein the first ACK/NACK information is received in a physical uplink control channel (PUCCH) transmission.
As per claim 3:
wherein the first ACK/NACK information is transmitted in a physical uplink shared channel (PUSCH) transmission.
As per claim 3:
wherein the first ACK/NACK information is received in a physical uplink shared channel (PUSCH) transmission.
As per claim 5:
wherein the first UL-DL configuration information is received via broadcast signaling.
As per claim 5:
wherein the first UL-DL configuration information is transmitted via broadcast signaling.
As per claim 6:
wherein the first UL-DL configuration information is received via radio resource control (RRC) signaling
As per claim 6:
wherein the first UL-DL configuration information is received via radio resource control (RRC) signaling
As per claim 7:
wherein the second UL-DL configuration information is received via RRC signaling.
As per claim 6:
wherein the first UL-DL configuration information is received via radio resource control (RRC) signaling
As per claim 8:
wherein the second UL-DL configuration information is received via dynamic signaling.
As per claim 7:
wherein the second UL-DL configuration information is transmitted via dynamic signaling.
As per claim 9:
wherein the first UL-DL configuration information is received via downlink control information (DCI).
As per claim 8:
wherein the second UL-DL configuration information is transmitted via downlink control information (DCI).
As per claim 10:
wherein the second UL-DL configuration information is received via DCI.
As per claim 8:
wherein the second UL-DL configuration information is transmitted via downlink control information (DCI).
One of ordinary skill in the art would recognize that the primary difference of the current application recite a method of receiving 1‘ and 2" configuration and receiving ACK/NACK instead of receiving 1st and 2nd configuration and transmitting ACK/NACK. As such, it would have been obvious before the effective filing date of the claimed to a person having ordinary skill in the art to incorporate Ji’s method of transmitting 1st and 2nd configuration and receiving ACK/NACK response into the system in order for the receiver to receive the 1st and 2nd configuration.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN DANG NGUYEN whose telephone number is (571)272-9189. The examiner can normally be reached Monday-Friday 7 AM - 3:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Featherstone can be reached on 571-270-3750. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Thien Nguyen/ Primary Examiner, Art Unit 2111