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 action is in response to the continuation filed on 11/13/2024.
The IDS filed on 12/2/2024, 1/15/2025 and 6/11/2025 are considered.
Claims 1-20 are examined and rejected.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No.12,185,300 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1 is generic to all that is recited in claim 1 of the patent. That is, claim 1 is anticipated by claim 1 of the patent.
Representative claim 1 is directed to a UE for receiving channel state information (CSI) report configuration information associated with channel state information-reference signal (CSI-RS) resources configured as channel measurement resources (CMRs) wherein the CSI-RS resources are configured as CMRs including first N1 CSI-RS resources, second N2 CSI-RS resources, and K pairs of CSI-RS resources, wherein the CMRs comprise N1+N2+K resources, and wherein the CSI-RS report configuration information is also associated with CSI interference measurement (CSI-IM) resources including N1+N2+K CSI-IM resources; performing CSI interference measurements on the N1+N2+K CSI-IM resources, wherein each of the N1+N2 CMRs is one-to-one mapped, in order, to a CSI-IM resource of the first N1+N2 CSI-IM resources of the N1+N2+K CSI-IM resources, and wherein the K pairs of CMRs are mapped, in order, to last K indices of the N1+N2+K CSI-IM resources; and performing CSI reporting associated with the CSI interference measurements and based at least in part on the CSI report configuration information.
Claim 1 of the U.S. Patent No.12,185,300 B2 is directed to a UE to receive channel state information (CSI) report configuration information with corresponding sets of channel measurement resources (CMRs) associated with multiple transmission reception points (TRPs) including a first set of N1 channel state information-reference signal (CSI-RS) resources, a second set of N2 CSI-RS resources, and K pairs of CSI-RS resources, wherein the CMRs comprise N1+N2+K resources; perform CSI interference measurements on N1+N2+K CSI interference measurement (CSI-IM) resources, wherein each of the CMRs is one-to-one mapped to a CSI-IM resource, wherein the first set of N1 CSI-RS resources are mapped, in ascending order, to first indices for CSI-IM, the second set N2 CSI-RS resources are mapped, in ascending order, to second indices for CSI-IM immediately following the first indices for CSI-IM, and the K pairs of CSI-RS resources are mapped, in ascending order, to last indices for CSI-IM; and perform CSI reporting associated with the CSI interference and based at least in part on the CSI report configuration information.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gao (US20240063870 A1) teaches in FIG. 7., para 76, two CSI-RS resources in different subsets are associated for multi-TRP transmission … as illustrated in FIG. 7, the CSI-RS resource set includes for example N (N is a positive integer. For example, 2<=N<=64) CSI-RS resources, and is divided into two groups G1 and G2. In group G1, there are N1 (N1 is an integer, and 2<=N1<=N) CSI-RS resources wherein each CSI-RS resource is associated with two TCI states. In group G2, there are N2 (e.g., N2=N−N1) CSI-RS resources wherein each CSI-RS resource is associated with one TCI state. In the group G1. CSI-RS resources associated with same two TC states are considered as a pair of CSI-RS resources and associated with each other. For example, the pair of two CSI-RS resources can be used for NCJT scenario
Hindy (US 20220140981 A1 having provisional application No. 63/117,444 filed on Nov. 23, 2020) teaches CSI report configuration… paragraphs 64-65, a UE configured with multi-TRP transmission may be configured with a CSI reporting setting (e.g., CSI-ReportConfig) that includes a higher-layer parameter that triggers two groups of CMRs (e.g., two groups of NZP CSI-RS resources for channel measurement, e.g., CMR-Group1, CMR-Group2, corresponding to the two TRPs). In one example, the higher-layer parameter exists in an IE within the CSI reporting setting (e.g., a non-zero power (“NZP”) CSI reference signal (“RS”) (“CSI-RS”) resource set configuration, NZP-CSI-RS-ResourceSet) that is configured for channel measurement. An example of ASN.1 code that corresponds to this IE is provided in FIG. 6. Specifically, FIG. 6 is a schematic block diagram illustrating a third embodiment of ASN.1 code 600 for triggering more than one CMR group in an NZP CSI-RS resource set configuration IE… in another embodiment of the first set of embodiments, a UE configured with multi-TRP transmission may be configured with a CSI reporting setting (e.g., CSI-ReportConfig) that includes a higher-layer parameter that triggers a set of N CMR pairs corresponding to CMRs associated with joint transmission from the two TRPs (e.g., nCMR-Pairs) corresponding to the two TRPs. In one example, the higher-layer parameter exists in an IE within the CSI reporting setting (e.g., an NZP CSI-RS resource set configuration, NZP-CSI-RS-ResourceSet) that is configured for channel measurement. An example of ASN.1 code that corresponds to this IE is provided in FIG. 7. Specifically, FIG. 7 is a schematic block diagram illustrating a fourth embodiment of ASN.1 code 700 for triggering two CSI reports within a CodebookConfig codebook configuration IE.
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/DEEPA BELUR/Primary Examiner, Art Unit 2472
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