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, 2, 4-7, 9-12, 14-17, 19 and 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-7, 9-11 and 13-15 of U.S. Patent No. 12,171,000. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, U.S. Patent No. 12,171,000 recites a method performed by a first terminal in a wireless communication system (Claim 1, A method performed by a first terminal in a wireless communication system), the method comprising:
obtaining channel state information (CSI) (Claim 1, obtaining channel state information (CSI));
transmitting, to a second terminal on a physical sidelink control channel (PSCCH), sidelink control information (SCI) for scheduling of a physical sidelink shared channel (PSSCH) (Claim 1, transmitting sidelink control information (SCI) to a second terminal on a physical sidelink control channel (PSCCH)); and
transmitting, to the second terminal on the PSSCH, a medium access control (MAC) control element (CE) including the CSI (Claim 1, transmitting, to the second terminal on a physical sidelink shared channel (PSSCH), a medium access control (MAC) control element (CE) including the CSI) based on the SCI (Claims 9 and 13, based on the SCI).
Regarding claim 2, U.S. Patent No. 12,171,000 recites wherein a preset value is used as a priority of the MAC CE including the CSI, and wherein the SCI includes priority information determined based on the preset value (Claim 1, wherein a preset value is used as a priority of the MAC CE including the CSI, and wherein the SCI includes priority information determined based on the preset value).
Regarding claim 4, U.S. Patent No 12,171,000 recites wherein, in case that data received from a higher layer of the first terminal is transmitted to the second terminal through the PSSCH together with the MAC CE including the CSI, the priority information is determined based on a priority of the data and the preset value (Claim 2, wherein data received from a higher layer of the first terminal is transmitted to the second terminal through the PSSCH together with the MAC CE including the CSI, wherein the SCI includes scheduling information for the data and the MAC CE, and wherein the priority information is determined based on a priority of the data and the preset value).
Regarding claim 5 U.S. Patent No. 12,171,000 recites wherein a transmission of the PSSCH for the MAC CE including the CSI has a higher priority than a transmission of the PSSCH for data not including the CSI (Claim 3, wherein a transmission of the MAC CE including the CSI has a higher priority than a transmission of data not including the CSI).
Regarding claim 6, Patent No. 12,171,000 recites a method performed by a second terminal in a wireless communication system (Claim 9, A method performed by a second terminal in a wireless communication system), the method comprising:
transmitting a channel state information (CSI)-reference signal (RS) to a first terminal (Claim 9, transmitting a channel state information (CSI)-reference signal (RS) to a first terminal);
receiving, from the first terminal on a physical sidelink control channel (PSCCH), sidelink control information (SCI) for scheduling a physical sidelink shared channel (PSSCH) (Claim 9, receiving sidelink control information (SCI) from the first terminal on a physical sidelink control channel (PSCCH)); and
receiving, from the first terminal on the PSSCH, a medium access control (MAC) control element (CE) including the CSI, based on the SCI (Claim 9, receiving, from the first terminal on a physical sidelink shared channel (PSSCH), a medium access control (MAC) control element (CE) including the CSI, based on the SCI).
Regarding claim 7, U.S. Patent No. 12,171,000 recites wherein a preset value is used as a priority of the MAC CE including the CSI, and wherein the SCI includes priority information determined based on the preset value (Claim 9, receiving, from the first terminal on a physical sidelink shared channel (PSSCH), a medium access control (MAC) control element (CE) including the CSI, based on the SCI).
Regarding claim 9, U.S. Patent No. 12,171,000 recites wherein, in case that data received from a higher layer of the first terminal is transmitted to the second terminal through the PSSCH together with the MAC CE including the CSI, the priority information is determined based on a priority of the data and the preset value (Claim 10, wherein data received from a higher layer of the first terminal is transmitted to the second terminal through the PSSCH together with the MAC CE including the CSI, wherein the SCI includes scheduling information for the data and the MAC CE, and wherein the priority information is determined based on a priority of the data and the preset value).
Regarding claim 10, U.S. Patent No. 12,171,000 recites wherein a transmission of the PSSCH for the MAC CE including the CSI has a higher priority than a transmission of the PSSCH for data not including the CSI (Claim 11, wherein a transmission of the MAC CE including the CSI has a higher priority than a transmission of data not including the CSI).
Regarding claim 11, U.S. Patent No. 12,171,000 recites a first terminal in a wireless communication system (Claim 5, A first terminal of a wireless communication system), the first terminal comprising:
a transceiver (Claim 5, a transceiver); and
at least one processor (Claim 5, a controller) configured to:
obtain channel state information (CSI) (Claim 5, obtain channel state information (CSI),
transmit, to a second terminal on a physical sidelink control channel (PSCCH), sidelink control information (SCI) for scheduling of a physical sidelink shared channel (PSSCH) (Claim 5, transmit sidelink control information (SCI) to a second terminal on a physical sidelink control channel (PSCCH)), and
transmit, to the second terminal on the PSSCH, a medium access control (MAC) control element (CE) including the CSI (Claim 5, transmit, to the second terminal on a physical sidelink shared channel (PSSCH), a medium access control (MAC) control element (CE) including the CSI) based on the SCI (Claims 9 and 13, based on the SCI).
Regarding claim 12, U.S. Patent No. 12,171,000 recites wherein a preset value is used as a priority of the MAC CE including the CSI, and wherein the SCI includes priority information determined based on the preset value (Claim 5, wherein a preset value is used as a priority of the MAC CE including the CSI, and wherein the SCI includes priority information determined based on the preset value).
Regarding claim 14, U.S. Patent No. 12,171,000 recites wherein, in case that data received from a higher layer of the first terminal is transmitted to the second terminal through the PSSCH together with the MAC CE including the CSI, the priority information is determined based on a priority of the data and the preset value (Claim 6, wherein data received from a higher layer of the first terminal is transmitted to the second terminal through the PSSCH together with the MAC CE including the CSI, wherein the SCI includes scheduling information for the data and the MAC CE, and wherein the priority information is determined based on a priority of the data and the preset value).
Regarding claim 15, U. S. Patent No. 12,171,000 recites wherein a transmission of the PSSCH for the MAC CE including the CSI has a higher priority than a transmission of the PSSCH for data not including the CSI (Claim 7, wherein a transmission of the MAC CE including the CSI has a higher priority than a transmission of data not including the CSI).
Regarding claim 16, U. S. Patent No. 12,171,000 recites a second terminal in a wireless communication system (Claim 13, A second terminal of a wireless communication system), the second terminal comprising:
a transceiver (Claim 13, a transceiver); and
at least one processor (Claim 13, a controller) configured to:
transmit a channel state information (CSI)-reference signal (RS) to a first terminal (Claim 13, transmit a channel state information (CSI)-reference signal (RS) to a first terminal via the transceiver),
receive, from the first terminal on a physical sidelink control channel (PSCCH), sidelink control information (SCI) for scheduling a physical sidelink shared channel (PSSCH) (Claim 13, receive sidelink control information (SCI) from the first terminal on a physical sidelink control channel (PSCCH)), and
receive, from the first terminal on the PSSCH, a medium access control (MAC) control element (CE) including the CSI, based on the SCI (Claim 13, receive, from the first terminal on a physical sidelink shared channel (PSSCH), a medium access control (MAC) control element (CE) including the CSI, based on the SCI).
Regarding claim 17, U.S. Patent No. 12,171,000 recites wherein a preset value is used as a priority of the MAC CE including the CSI, and wherein the SCI includes priority information determined based on the preset value (Claim 13, wherein a preset value is used as a priority of the MAC CE including the CSI, and wherein the SCI includes priority information determined based on the preset value).
Regarding claim 19, U.S. Patent No. 12,171,000 recites wherein, in case that data received from a higher layer of the first terminal is transmitted to the second terminal through the PSSCH together with the MAC CE including the CSI, the priority information is determined based on a priority of the data and the preset value (Claim 14, wherein data received from a higher layer of the first terminal is transmitted to the second terminal through the PSSCH together with the MAC CE including the CSI, wherein the SCI includes scheduling information for the data and the MAC CE, and wherein the priority information is determined based on a priority of the data and the preset value).
Regarding claim 20, U.S. Patent No. 12,171,000 recites wherein a transmission of the PSSCH for the MAC CE including the CSI has a higher priority than a transmission of the PSSCH for data not including the CSI (Claim 15, wherein a transmission of the MAC CE including the CSI has a higher priority than a transmission of data not including the CSI).
Claims 3, 8, 13 and 18 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 9 and 13 of U.S. Patent No. 12,171,000 in view of Tang et al. (US 2020/0328852).
Regarding claims 3, 8, 13 and 18, U.S. Patent No. 12,171,000 recites the claimed invention above does not recite the following limitations that are disclosed by Tang et al.: transmitting a demodulation reference signal (DMRS) for the MAC CE including the CSI (Tang et al., Paragraphs 33-34, the measurement signal includes at least one of: a DMRS, a Channel State Indicator Reference Signal (CSI-RS), a Sounding Reference Signal (SRS) or a Phase Tracking Reference Signal (PT-RS)), wherein the SCI includes information on the DMRS (Tang et al., Paragraphs 71, 73, 136-137, DMRS symbols of the PSSCH).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the claimed invention of U.S. Patent No. 12,131,000 with the cited disclosure from Tang et al. in order to further determine feedback information resources in the PSSCH (Tang et al., Paragraphs 71 and 73).
Claim Rejections - 35 USC § 102
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, 3, 6, 8, 11, 13, 16 and 18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tang et al. (US 2020/0328852).
Regarding claim 1, Tang et al. disclose a method performed by a first terminal in a wireless communication system, the method comprising:
Obtaining channel state information (CSI) (Figure 3 and paragraph 30, In 301, a first terminal receives data and/or measurement signal sent by a second terminal; Paragraphs 33-34, the measurement signal includes at least one of: a DMRS, a Channel State Indicator Reference Signal (CSI-RS), a Sounding Reference Signal (SRS) or a Phase Tracking Reference Signal (PT-RS); Figure 3 and paragraphs 35, 45-47, first terminal determines measurement information including RSRP, RSRQ, RSSI, interference and path loss of the sidelink between the first and second terminal);
Transmitting, to a second terminal on a physical sidelink control channel (PSCCH), sidelink control information (SCI) for scheduling of a physical sidelink shared channel (PSSCH) (Paragraph 53, PSCCH sent by the first terminal carries SCI; Paragraph 59, when the value of the bit is 0, the SCI is SCI in a second format… the SCI in the second format is used to transmit scheduling information of the PSSCH); and
Transmitting, to the second terminal on the PSSCH, a medium access control (MAC) control element (CE) including the CSI based on the SCI (Paragraph 69, the first terminal sends the feedback information and/or the measurement information to the second terminal through a MAC CE in the PSSCH, the MAC CE including the feedback information and/or the measurement information).
Regarding claim 3, Tang et al. disclose transmitting a demodulation reference signal (DMRS) for the MAC CE including the CSI (Paragraphs 33-34, the measurement signal includes at least one of: a DMRS, a Channel State Indicator Reference Signal (CSI-RS), a Sounding Reference Signal (SRS) or a Phase Tracking Reference Signal (PT-RS)), wherein the SCI includes information on the DMRS (Paragraphs 71, 73, 136-137, DMRS symbols of the PSSCH).
Regarding claim 6, Tang et al. disclose a method performed by a second terminal in a wireless communication system, the method comprising:
Transmitting a channel state information (CSI)-reference signal (RS) to a first terminal (Figure 3 and paragraph 30, In 301, a first terminal receives data and/or measurement signal sent by a second terminal; Paragraphs 33-34, the measurement signal includes at least one of: a DMRS, a Channel State Indicator Reference Signal (CSI-RS), a Sounding Reference Signal (SRS) or a Phase Tracking Reference Signal (PT-RS));
Receiving, from the first terminal on a physical sidelink control channel (PSCCH), sidelink control information (SCI) for scheduling a physical sidelink shared channel (PSSCH) (Paragraph 53, PSCCH sent by the first terminal carries SCI; Paragraph 59, when the value of the bit is 0, the SCI is SCI in a second format… the SCI in the second format is used to transmit scheduling information of the PSSCH); and
Receiving, from the first terminal on the PSSCH, a medium access control (MAC) control element (CE) including the CSI, based on the SCI (Paragraph 69, the first terminal sends the feedback information and/or the measurement information to the second terminal through a MAC CE in the PSSCH, the MAC CE including the feedback information and/or the measurement information).
Regarding claim 8, Tang et al. disclose receiving, a demodulation reference signal (DMRS) for the MAC CE including the CSI (Paragraphs 33-34, the measurement signal includes at least one of: a DMRS, a Channel State Indicator Reference Signal (CSI-RS), a Sounding Reference Signal (SRS) or a Phase Tracking Reference Signal (PT-RS)), wherein the SCI includes information on the DMRS (Paragraphs 71, 73, 136-137, DMRS symbols of the PSSCH).
Regarding claim 11, Tang et al. disclose a first terminal in a wireless communication system (Figure 3, first terminal; Figure 5 and paragraph 158, computer device 100 being a terminal of any type), the first terminal comprising:
a transceiver (Figure 5, transceiver 1006); and
at least one processor (Figure 5, processor 1002) configured to:
Obtain channel state information (CSI) (Figure 3 and paragraph 30, In 301, a first terminal receives data and/or measurement signal sent by a second terminal; Paragraphs 33-34, the measurement signal includes at least one of: a DMRS, a Channel State Indicator Reference Signal (CSI-RS), a Sounding Reference Signal (SRS) or a Phase Tracking Reference Signal (PT-RS); Figure 3 and paragraphs 35, 45-47, first terminal determines measurement information including RSRP, RSRQ, RSSI, interference and path loss of the sidelink between the first and second terminal);
Transmit, to a second terminal on a physical sidelink control channel (PSCCH), sidelink control information (SCI) for scheduling of a physical sidelink shared channel (PSSCH) (Paragraph 53, PSCCH sent by the first terminal carries SCI; Paragraph 59, when the value of the bit is 0, the SCI is SCI in a second format… the SCI in the second format is used to transmit scheduling information of the PSSCH); and
Transmit, to the second terminal on the PSSCH, a medium access control (MAC) control element (CE) including the CSI based on the SCI (Paragraph 69, the first terminal sends the feedback information and/or the measurement information to the second terminal through a MAC CE in the PSSCH, the MAC CE including the feedback information and/or the measurement information).
Regarding claim 13, Tang et al. disclose transmitting a demodulation reference signal (DMRS) for the MAC CE including the CSI (Paragraphs 33-34, the measurement signal includes at least one of: a DMRS, a Channel State Indicator Reference Signal (CSI-RS), a Sounding Reference Signal (SRS) or a Phase Tracking Reference Signal (PT-RS)), wherein the SCI includes information on the DMRS (Paragraphs 71, 73, 136-137, DMRS symbols of the PSSCH).
Regarding claim 16, Tang et al. disclose a second terminal in a wireless communication system (Figure 3, second terminal; Figure 5 and paragraph 158, computer device 100 being a terminal of any type), the second terminal comprising:
a transceiver (Figure 5, transceiver 1006); and
at least one processor (Figure 5, processor 1002)configured to:
Transmit a channel state information (CSI)-reference signal (RS) to a first terminal (Figure 3 and paragraph 30, In 301, a first terminal receives data and/or measurement signal sent by a second terminal; Paragraphs 33-34, the measurement signal includes at least one of: a DMRS, a Channel State Indicator Reference Signal (CSI-RS), a Sounding Reference Signal (SRS) or a Phase Tracking Reference Signal (PT-RS));
Receive, from the first terminal on a physical sidelink control channel (PSCCH), sidelink control information (SCI) for scheduling a physical sidelink shared channel (PSSCH) (Paragraph 53, PSCCH sent by the first terminal carries SCI; Paragraph 59, when the value of the bit is 0, the SCI is SCI in a second format… the SCI in the second format is used to transmit scheduling information of the PSSCH); and
Receive, from the first terminal on the PSSCH, a medium access control (MAC) control element (CE) including the CSI, based on the SCI (Paragraph 69, the first terminal sends the feedback information and/or the measurement information to the second terminal through a MAC CE in the PSSCH, the MAC CE including the feedback information and/or the measurement information).
Regarding claim 18, Tang et al. disclose receiving, a demodulation reference signal (DMRS) for the MAC CE including the CSI (Paragraphs 33-34, the measurement signal includes at least one of: a DMRS, a Channel State Indicator Reference Signal (CSI-RS), a Sounding Reference Signal (SRS) or a Phase Tracking Reference Signal (PT-RS)), wherein the SCI includes information on the DMRS (Paragraphs 71, 73, 136-137, DMRS symbols of the PSSCH).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OTIS L THOMPSON, JR whose telephone number is (571)270-1953. The examiner can normally be reached Monday - Friday, 6:30am - 7:00pm.
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/OTIS L THOMPSON, JR/Primary Examiner, Art Unit 2477
September 16, 2026
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