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 .
Priority
Applicant’s claim for domestic benefit under 35 U.S.C. 119(e) is acknowledged.
Information Disclosure Statement
The information disclosure statement submitted has been considered by the Examiner and made of record in the application file.
Claim Rejections — 35 U.S.C. § 112
The following is a quotation of the first paragraph of 35 U.S.C. § 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of 35 U.S.C. § 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 2–17 are rejected under 35 U.S.C. § 112(a) — written description
Claims 2–17 are rejected under 35 U.S.C. § 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
Independent claims 2 and 10 each recite "wherein the priority value is indicated using a single bit in the DCI." The specification as filed does not describe a one-bit priority field.
The passages that address how a priority is conveyed in a DCI describe a priority that "may be a function of a field received in a DCI on a control channel", and "an explicit indication received from a DCI from an existing field (e.g. TPC command field) or a newly defined field." The TPC command field of an LTE DCI is a two-bit field, and the specification describes selecting one of its four codepoints; it nowhere states that the priority is conveyed by a single bit, nor does it describe the size of any "newly defined field." A disclosure that a value of a multi-bit field, or an unspecified "newly defined field," may indicate priority but does not reasonably convey possession of the specific species in which priority is conveyed by exactly one bit. See Ariad Pharm., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1351 (Fed. Cir. 2010) (en banc); MPEP § 2163.
Applicant is invited to identify, by paragraph number, where the originally filed specification (or any application to which benefit is claimed) describes indicating the priority value using a single bit. If such support is identified, this rejection will be withdrawn. Dependent claims 3–9 and 11–17 are rejected for incorporating the deficiency of their base claims.
Claims 9 and 17 are rejected under 35 U.S.C. § 112(b) — indefiniteness
Claims 9 and 17 are rejected under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Claim 9 (and claim 17 in parallel) recites that "the first uplink transmission comprises hybrid automatic repeat request (HARQ) feedback for a downlink transmission, wherein a priority value associated with the downlink transmission is set to a highest value." Base claim 2 recites that the DCI "includes a grant for a first uplink transmission and a priority value associated with the grant." Two "priority values" are therefore recited — one "associated with the grant" (claim 2) and one "associated with the downlink transmission" (claim 9) — and the claim does not make clear whether they are the same value or different values, or how a priority value "associated with the downlink transmission" is signaled and relates to the single bit in the DCI of claim 2. It is also unclear how a DCI that "includes a grant for a first uplink transmission" (claim 2) relates to a first uplink transmission that consists of HARQ feedback for a downlink transmission (claim 9), since in the specification HARQ feedback on PUCCH is associated with a downlink assignment rather than with an uplink grant. Because the metes and bounds of the claim cannot be determined with reasonable certainty, the claim is indefinite. Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. 898 (2014); MPEP § 2173.02. For purposes of applying prior art, the examiner interprets claims 9 and 17 as reciting that the DCI of claim 2 is a downlink assignment whose priority value applies to the HARQ feedback transmitted in response to the assigned downlink transmission, and that this priority value is the highest of the values that the single bit can indicate.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent Nos. 9763199, 11290961, 11856523, and 12192913. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the claimed subject matter to arrive at the slightly broader instantly claimed invention. See comparison table below.
Instant Application
Pat # 9763199
Comments
2. A wireless transmit/receive unit (WTRU) comprising a processor and memory, the processor and memory configured to: receive a downlink control information (DCI) which includes a grant for a first uplink transmission and a priority value associated with the grant, wherein the priority value is indicated using a single bit in the DCI;
11. A transmit/receive unit (WTRU) configured for allocating uplink transmission power of a wireless during a time interval, the WTRU comprising: configuration circuitry adapted to configure the WTRU with a first minimum guaranteed power for a first cell group (CG); and
Substantially similar subject matter.
determine that a second uplink transmission has a lower priority than the first uplink transmission, based on at least the priority value included in the DCI; and transmit the first uplink transmission, based on the first uplink transmission being of higher priority than the second uplink transmission.
configuration circuitry adapted to configure the WTRU with a second minimum guaranteed power for a second CG; wherein a total power (Pcmax) is available to the WTRU for uplink transmissions during the time interval; and determination circuitry adapted to, on a condition that, during the time interval, an earliest transmission is scheduled to occur for the first CG, determine a first remaining power based on Pcmax, a power level for the earliest transmission for the first CG and the first minimum guaranteed power, wherein an uplink transmission power level for the second CG is based on the first remaining power; the determination circuitry further adapted to, on a condition that, during the time interval, the earliest transmission is scheduled to occur for the second CG, determine a second remaining power based on Pcmax, a power level for the earliest transmission for the second CG and the second minimum guaranteed power, wherein an uplink transmission power level for the first CG is based on the second remaining power; and
Substantially similar subject matter.
transmitter circuitry adapted to transmit uplink transmissions for the first and second CG in the time interval.
Claims 2-9 are obvious over claims of Pat. # 9763199.
Instant Application
Pat # 9763199
Comments
10. A method to be performed by a wireless transmit/receive unit (WTRU), the method comprising: receiving a downlink control information (DCI) which includes a grant for a first uplink transmission and a priority value associated with the grant, wherein the priority value is indicated using a single bit in the DCI;
1. A method for allocating uplink transmission power of a wireless transmit/receive unit (WTRU) during a time interval, the method comprising: configuring the WTRU with a first minimum guaranteed power for a first cell group (CG);
Substantially similar subject matter.
configuring the WTRU with a second minimum guaranteed power for a second CG;
Substantially similar subject matter.
determining that a second uplink transmission has a lower priority than the first uplink transmission, based on at least the priority value included in the DCI; and transmitting the first uplink transmission, based on the first uplink transmission being of higher priority than the second uplink transmission.
on a condition that, during the time interval, an earliest transmission is scheduled to occur for the first CG, determining a first remaining power based on Pcmax, a power level for the earliest transmission for the first CG and the first minimum guaranteed power, wherein an uplink transmission power level for the second CG is based on the first remaining power; on a condition that, during the time interval, the earliest transmission is scheduled to occur for the second CG, determining a second remaining power based on Pcmax, a power level for the earliest transmission for the second CG and the second minimum guaranteed power, wherein an uplink transmission power level for the first CG is based on the second remaining power; and
Substantially similar subject matter.
transmitting uplink transmissions for the first and second CG in the time interval.
Claims 11-17 are obvious over claims of Pat. # 9763199.
Instant Application
Pat # 10542499
Comments
1. A wireless transmit/receive unit (WTRU), comprising a processor configured to: receive a first downlink control information (DCI), the first DCI comprising an assignment for a physical downlink shared channel transmission and an indication of a first priority value, wherein the indication of the first priority value is indicated using a single bit in the first DCI;
1. A wireless transmit/receive unit (WTRU) comprising: a processor configured to receive information which includes a grant for an uplink transmission, wherein the information is received based on a first radio network temporary identifier (RNTI) or a second RNTI;
Substantially similar subject matter.
Receive a second DCI, the second DCI comprising a grant for a physical uplink shared transmission and an indication of a second priority value, wherein the indication of the second priority value is indicated using a single bit in the second DCI;
the processor further configured to determine a parameter for the uplink transmission, wherein the processor determines the parameter from a first set of parameters on a condition that the information is received based on the first RNTI or from a second set of parameters on a condition that the information is received based on the second RNTI; and
Substantially similar subject matter.
determine that a physical uplink control channel transmission comprising hybrid automatic repeat request (HARQ) feedback for the downlink shared transmission at least partially overlaps in time with the physical uplink shared channel transmission; and
the processor further configured to transmit the uplink transmission based on the determined parameter.
Substantially similar subject matter.
transmit the physical uplink shared channel transmission and drop the physical uplink control channel transmission comprising the HARQ feedback for the downlink shared transmission based on the second priority value comprised in the second DCI indicating a higher priority than the first priority value comprised in the first DCI.
Substantially similar subject matter.
Claims 3-9 are obvious over claims of Pat. # 10542499.
Instant Application
Pat # 10542499
Comments
9. A method implemented in a wireless transmit/receive unit (WTRU), the method comprising: receiving a first downlink control information (DCI), the first DCI comprising an assignment for a physical downlink shared channel transmission and an indication of a first priority value, wherein the indication of the first priority value is indicated using a single bit in the first DCI;
8. A method implemented in a wireless transmit/receive unit (WTRU), the method comprising: receiving information which includes a grant for an uplink transmission, wherein the received information is received based on a first radio network temporary identifier (RNTI) or a second RNTI;
Substantially similar subject matter.
receiving a second DCI, the second DCI comprising a grant for a physical uplink shared transmission and an indication of a second priority value, wherein the indication of the second priority value is indicated using a single bit in the second DCI;
determining a parameter for the uplink transmission from a first set of parameters on a condition that the information is received based on the first RNTI or from a second set of parameters on a condition that the information is received based on the second RNTI; and
Substantially similar subject matter.
determining that a physical uplink control channel transmission comprising hybrid automatic repeat request (HARQ) feedback for the downlink shared transmission at least partially overlaps in time with the physical uplink shared channel transmission; and
transmitting the uplink transmission based on the determined parameter.
Substantially similar subject matter.
transmitting the physical uplink shared channel transmission and dropping the physical uplink control channel transmission comprising the HARQ feedback for the downlink shared transmission based on the second priority value comprised in the second DCI indicating a higher priority than the first priority value comprised in the first DCI.
Substantially similar subject matter.
Claims 11-17 are obvious over claims of Pat. # 10542499.
Instant Application
Pat # 11290961
Comments
2. A wireless transmit/receive unit (WTRU) comprising a processor and memory, the processor and memory configured to: receive a downlink control information (DCI) which includes a grant for a first uplink transmission and a priority value associated with the grant, wherein the priority value is indicated using a single bit in the DCI;
1. A wireless transmit/receive unit (WTRU) comprising: a transceiver; and a processor; the transceiver and the processor configured to receive a first grant for a first uplink transmission;
Substantially similar subject matter.
determine that a second uplink transmission has a lower priority than the first uplink transmission, based on at least the priority value included in the DCI; and
the transceiver and the processor configured to receive a downlink control information (DCI) which includes a second grant for a second uplink transmission, the DCI including a priority value associated with the second grant; the processor configured to determine whether the first uplink transmission and the second uplink transmission would overlap in time and on a condition that the first and second uplink transmission would overlap in time, to determine whether the first grant or the second grant has a higher priority based on at least the priority value; and
Substantially similar subject matter.
transmit the first uplink transmission, based on the first uplink transmission being of higher priority than the second uplink transmission.
the processor and the transceiver configured to transmit one of the first uplink transmission or the second uplink transmission based on which of the first grant or the second grant is determined to have the higher priority.
Substantially similar subject matter.
Claims 3-9 are obvious over claims of Pat. # 11290961.
Instant Application
Pat # 11290961
Comments
10. A method to be performed by a wireless transmit/receive unit (WTRU), the method comprising: receiving a downlink control information (DCI) which includes a grant for a first uplink transmission and a priority value associated with the grant, wherein the priority value is indicated using a single bit in the DCI;
11. A method implemented in a wireless transmit/receive unit (WTRU), the method comprising: receiving a first grant for a first uplink transmission;
Substantially similar subject matter.
receiving a downlink control information (DCI) which includes a second grant for a second uplink transmission, the DCI including a priority value associated with the second grant;
Substantially similar subject matter.
determining that a second uplink transmission has a lower priority than the first uplink transmission, based on at least the priority value included in the DCI; and
determining whether the first uplink transmission and the second uplink transmission would overlap in time and on a condition that the first and second uplink transmission would overlap in time, to determine whether the first grant or the second grant has a higher priority based on at least the priority value; and
Substantially similar subject matter.
transmitting the first uplink transmission, based on the first uplink transmission being of higher priority than the second uplink transmission.
transmitting one of the first uplink transmission or the second uplink transmission based on which of the first grant or the second grant is determined to have the higher priority.
Substantially similar subject matter.
Claims 11-17 are obvious over claims of Pat. # 11290961.
Instant Application
Pat # 11856523
Comments
2. A wireless transmit/receive unit (WTRU) comprising a processor and memory, the processor and memory configured to: receive a downlink control information (DCI) which includes a grant for a first uplink transmission and a priority value associated with the grant, wherein the priority value is indicated using a single bit in the DCI;
1. A wireless transmit/receive unit (WTRU) comprising: a transceiver; and a processor; the processor and the transceiver configured to receive a downlink control information (DCI) which includes a grant for an uplink transmission, the DCI including a priority value associated with the grant;
Substantially similar subject matter.
determine that a second uplink transmission has a lower priority than the first uplink transmission, based on at least the priority value included in the DCI; and
the processor configured to determine whether a priority associated with a logical channel is equal to a priority associated with the grant based on at least the priority value; and
Substantially similar subject matter.
transmit the first uplink transmission, based on the first uplink transmission being of higher priority than the second uplink transmission.
the processor and the transceiver configured to include data of the logical channel in the uplink transmission on a condition that the priority associated with the grant is determined to be equal to the priority associated with the logical channel.
Substantially similar subject matter.
Claims 3-9 are obvious over claims of Pat. # 11856523.
Instant Application
Pat # 11856523
Comments
10. A method to be performed by a wireless transmit/receive unit (WTRU), the method comprising: receiving a downlink control information (DCI) which includes a grant for a first uplink transmission and a priority value associated with the grant, wherein the priority value is indicated using a single bit in the DCI;
20. A method implemented in a wireless transmit/receive unit (WTRU), the method comprising: receiving a downlink control information (DCI) which includes an assignment for a downlink transmission, the DCI including a priority value associated with the assignment, wherein the priority value is indicated using a single bit in the DCI;
Substantially similar subject matter.
determining that a second uplink transmission has a lower priority than the first uplink transmission, based on at least the priority value included in the DCI; and transmitting the first uplink transmission, based on the first uplink transmission being of higher priority than the second uplink transmission.
determining that a priority associated with a physical uplink control channel transmission comprising hybrid automatic repeat request (HARD) feedback associated with the downlink transmission has a high priority based on at least the priority value; and transmitting the physical uplink control channel transmission and dropping a physical uplink shared channel transmission based on determining that the physical uplink control transmission has the high priority indicated using the single bit in the DCI.
Substantially similar subject matter.
Claims 11-17 are obvious over claims of Pat. # 11856523.
Instant Application
Pat # 12192913
Comments
2. A wireless transmit/receive unit (WTRU) comprising a processor and memory, the processor and memory configured to: receive a downlink control information (DCI) which includes a grant for a first uplink transmission and a priority value associated with the grant, wherein the priority value is indicated using a single bit in the DCI;
1. A wireless transmit/receive unit (WTRU), comprising a processor configured to: receive a first downlink control information (DCI), the first DCI comprising an assignment for a physical downlink shared channel transmission and an indication of a first priority value, wherein the first priority value is indicated using a single bit in the first DCI; receive a second DCI, the second DCI comprising a grant for a physical uplink shared channel transmission and an indication of a second priority value, wherein the second priority value is indicated using a single bit in the second DCI;
Substantially similar subject matter.
determine that a second uplink transmission has a lower priority than the first uplink transmission, based on at least the priority value included in the DCI; and
determine that a physical uplink control channel transmission comprising hybrid automatic repeat request (HARQ) feedback for the physical downlink shared channel transmission at least partially overlaps in time with the physical uplink shared channel transmission; and
Substantially similar subject matter.
transmit the first uplink transmission, based on the first uplink transmission being of higher priority than the second uplink transmission.
transmit the physical uplink shared channel transmission and drop the physical uplink control channel transmission comprising the HARQ feedback for the physical downlink shared channel transmission based on the second priority value comprised in the second DCI indicating a higher priority than the first priority value comprised in the first DCI.
Substantially similar subject matter.
Claims 3-9 are obvious over claims of Pat. # 12192913.
Instant Application
Pat # 12192913
Comments
10. A method to be performed by a wireless transmit/receive unit (WTRU), the method comprising: receiving a downlink control information (DCI) which includes a grant for a first uplink transmission and a priority value associated with the grant, wherein the priority value is indicated using a single bit in the DCI;
9. A method implemented in a wireless transmit/receive unit (WTRU), the method comprising: receiving a first downlink control information (DCI), the first DCI comprising an assignment for a physical downlink shared channel transmission and an indication of a first priority value, wherein the first priority value is indicated using a single bit in the first DCI; receiving a second DCI, the second DCI comprising a grant for a physical uplink shared channel transmission and an indication of a second priority value, wherein the second priority value is indicated using a single bit in the second DCI;
Substantially similar subject matter.
determining that a second uplink transmission has a lower priority than the first uplink transmission, based on at least the priority value included in the DCI; and transmitting the first uplink transmission, based on the first uplink transmission being of higher priority than the second uplink transmission.
determining that a physical uplink control channel transmission comprising hybrid automatic repeat request (HARQ) feedback for the physical downlink shared channel transmission at least partially overlaps in time with the physical uplink shared channel transmission; and transmitting the physical uplink shared channel transmission and dropping the physical uplink control channel transmission comprising the HARQ feedback for the physical downlink shared channel transmission based on the second priority value comprised in the second DCI indicating a higher priority than the first priority value comprised in the first DCI.
Substantially similar subject matter.
Claims 11-17 are obvious over claims of Pat. # 12192913.
Allowable Subject Matter
Claims 2-17 would be allowable over prior art once the outstanding rejections have been overcome.
Conclusion
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Any inquiry concerning this communication or earlier communications from the
Examiner should be directed to Fayyaz Alam whose telephone number is (571) 270-1102. The Examiner can normally be reached on Monday-Friday from 9:30am to 7:00pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Jeanette Parker can be reached on (571) 270-3647. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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Fayyaz Alam
September 3, 2026
/FAYYAZ ALAM/
Primary Examiner, Art Unit 2646
Prosecution Insights