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.
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 respectively of U.S. Patent No. 12176990 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because said instant claims are obvious over said patented claims since they are drawn to a communication apparatus and method for communicating with the apparatus claimed in the patented claims and corresponding method and thus exchanging the same messages and using the same resource elements. Claim 1 of instant application is drawn to the transmitter portion which generates the signal received in the receiver of claim 1 of said patent. Similarly, method claim 11 is drawn to generating and transmitting steps for exchanging signals corresponding to the method claim 11 which is drawn to receiving the signals. The claims are otherwise identically phrased since they are drawn to the details of the signal being generated/processed/received. Dependent claims 1-10 and 12-20 are drawn to the details of the signals exchanged between the transmitting side and receiving side and are hence identically phrased in the instant application and said patent.
It would have been obvious to one of ordinary skill in the art before the effective filing date that the receiver and corresponding method said patented claims 1-20 would be communicating a transmitter and corresponding transmitting method as claimed in instant claims 1-20. It would have been obvious because the patented receiver/method receive and process the exact same signals generated and transmitted by instant claims , thereby making the transmitter/ method of instant claims 1-20 essential to the functioning of the receiver and method of said patented claims.
Conclusion
A communication apparatus comprising: circuitry, which, in operation, generates a Demodulation Reference Signal (DMRS) and receives downlink control information indicating a mapping pattern of the DMRS from a plurality of mapping patterns; and a transmitter, which, in operation, transmits the DMRS and the downlink control information, wherein the plurality of mapping patterns includes a first mapping pattern and a second mapping pattern, wherein resource elements used for the DMRS of the second mapping pattern are same as a part of resource elements used for the DMRS of the first mapping pattern, and wherein a number of the resource elements used for the DMRS of the first mapping pattern is larger than a number of the resource elements used for the DMRS of the second mapping pattern, wherein a density of the DMRS of the first mapping pattern is larger than a density of the DMRS of the second mapping pattern in a time domain
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINEETA S PANWALKAR whose telephone number is (571)272-8561. The examiner can normally be reached M-F 9:00am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David C. Payne can be reached at 571-272-3024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VINEETA S PANWALKAR/Primary Examiner, Art Unit 2635
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