DETAILED ACTION
This office action is a response to the application 18/944,756 filed on November 12, 2024.
Claims 1-17 are pending.
Claims 1-17 are rejected.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/499,949.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 12, 2024, April 28, 2025 and July 21, 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11,258,558, Claims 1-13 of U.S. Patent No. 11,824,805 and Claims 1-13 of U.S. Patent No. 12,177,149 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the Instant application are obvious variations of the claims of the Patent. The table below shows only Example (sample) of the Claims which are anticipated by U.S. Patent 11,258,558, U.S. Patent 11,824,805 and U.S. Patent 12,177,149.
Present Claims
US 11,258,558
US 11,824,805
US 12,177,149
1. A process controlled by an integrated circuit, the process comprising: mapping a phase tracking reference signal onto a subcarrier, which is selected by using an identification of a transmission apparatus from among subcarriers on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and transmitting a signal containing the phase tracking reference signal.
1. A transmission apparatus comprising: circuitry, which, in operation, maps a phase tracking reference signal onto a subcarrier, which is determined by using an index for identification of a mobile station and on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and a transmitter, which, in operation, transmits a signal containing the phase tracking reference signal.
1. A reception apparatus comprising: a receiver, which, in operation, receives, from a mobile station, a phase tracking reference signal mapped onto a subcarrier, which is selected by using an identification of the mobile station from among subcarriers on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and circuitry, which, in operation, demodulates data using the phase tracking reference signal.
1. A transmission apparatus comprising: circuitry, which, in operation, maps a phase tracking reference signal onto a subcarrier, which is selected by using an identification of the transmission apparatus from among subcarriers on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and a transmitter, which, in operation, transmits a signal containing the phase tracking reference signal.
13. An integrated circuit, which comprises circuitry configured to: map a phase tracking reference signal onto a subcarrier, which is selected by using an identification of a transmission apparatus from among subcarriers on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and control transmitting of a signal containing the phase tracking reference signal.
1. A transmission apparatus comprising: circuitry, which, in operation, maps a phase tracking reference signal onto a subcarrier, which is determined by using an index for identification of a mobile station and on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and a transmitter, which, in operation, transmits a signal containing the phase tracking reference signal.
1. A reception apparatus comprising: a receiver, which, in operation, receives, from a mobile station, a phase tracking reference signal mapped onto a subcarrier, which is selected by using an identification of the mobile station from among subcarriers on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and circuitry, which, in operation, demodulates data using the phase tracking reference signal.
1. A transmission apparatus comprising: circuitry, which, in operation, maps a phase tracking reference signal onto a subcarrier, which is selected by using an identification of the transmission apparatus from among subcarriers on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and a transmitter, which, in operation, transmits a signal containing the phase tracking reference signal.
16. A non-transitory computer-readable medium having contents which cause processing circuitry to perform a method, the method comprising: mapping a phase tracking reference signal onto a subcarrier, which is selected by using an identification of a transmission apparatus from among subcarriers on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and transmitting a signal containing the phase tracking reference signal.
13. A transmission method comprising: mapping a phase tracking reference signal onto a subcarrier, which is determined by using an index for identification of a mobile station and on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and transmitting a signal containing the phase tracking reference signal.
13. A reception method comprising: receiving, from a mobile station, a phase tracking reference signal mapped onto a subcarrier, which is selected by using an identification of the mobile station from among subcarriers on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and demodulating data using the phase tracking reference signal.
13. A transmission method comprising: mapping a phase tracking reference signal onto a subcarrier, which is selected by using an identification of a transmission apparatus from among subcarriers on which a demodulation reference signal is mapped, a precoding applied to the demodulation reference signal being the same as a precoding applied to the phase tracking reference signal; and transmitting a signal containing the phase tracking reference signal.
Regarding Claims 1-17, claims 1-13 of U.S. Patent No. 11,258,558, Claims 1-13 of U.S. Patent No. 11,824,805 and Claims 1-13 of U.S. Patent No. 12,177,149 disclose all the limitations of Claims 1-17 by eliminating limitations. It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 186 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not needed would have been obvious to one skilled in the art.
Conclusion
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IVAN O. LATORRE
Primary Examiner
Art Unit 2409
/IVAN O LATORRE/Primary Examiner, Art Unit 2409
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