DETAILED ACTION
This office action is a response to an application filed on 11/19/2024, in which claims 1-20 are pending and ready for examination.
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.
Terminal disclaimer note
Examiner contacted applicant’s attorney in the record Mr. Baha A. Obeidat (Reg. No.66,827) to file a terminal disclaimer in order to overcome with double patenting rejections, but has not received any response from the attorney.
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 and 3-20 of U.S. Patent No.12184581B2 (Wang et al.; hereinafter, “Wang”). Although the claims at issue are not identical, they are not patentably distinct from each other.
In response to claim 1,
Wang teaches a process controlled by an integrated circuit, the process comprising: transmitting, to a user equipment (UE), first control information for a sidelink transmission (claim 1, paragraph 1, receiving from a base station is same as transmitting by a base station); and
receiving second control information, which is transmitted from the UE using a shortened time interval that is determined according to the first control information (claim 1, paragraph 2, transmitting by a user equipment (UE) is same as receiving by a base station),
wherein the shortened time interval is less than a standard time interval that is used in signaling between the UE and another UE in the sidelink transmission, and a time offset between reception of the first control information and the sidelink transmission is configured (claim 1, paragraph 4 teaches this limitation).
In response to claim 2,
Wang teaches wherein the shortened time interval is a shortened transmission time interval (sTTI), the standard time interval is a transmission time interval (TTI), and the sTTI is a fraction of the TTI in terms of OFDM symbols (claim 3 teaches this limitation).
In response to claim 3,
Wang teaches wherein the shortened time interval is a mini-slot or non-slot unit in a New Radio system, the standard time interval is a slot in the New Radio system, and the mini-slot or the non-slot unit is a fraction of the slot in terms of OFDM symbols (claim 4 teaches this limitation).
In response to claim 4,
Wang teaches wherein the first control information comprises one or more of downlink control information (DCI) and radio resource control (RRC) signaling, and wherein whether the shortened time interval is used for the signaling is determined according to the one or more of the DCI and RRC signaling (claim 5 teaches this limitation).
In response to claim 5,
Wang teaches wherein when the first control information is transmitted within a control resource that is specially specified for the shortened time interval, the shortened time interval is used for the signaling (claim 7 teaches this limitation).
In response to claim 6,
Wang teaches wherein the first control information comprises downlink control information (DCI), and wherein when the DCI is transmitted within a control resource that is shared by the shortened time interval and the standard time interval, whether the shortened time interval is used for the signaling is determined according to one or more of a search space in the UE and a size of the DCI (claim 7 teaches this limitation).
In response to claim 7,
Wang teaches wherein the first control information comprises sidelink related downlink control information (DCI), and a time of transmitting the sidelink transmission by the UE is not earlier than a first time determined according to one of the following equations
PNG
media_image1.png
137
495
media_image1.png
Greyscale
related DCI, m indicates the time offset, S indicates a length of the shortened time interval in second(s), and X and Y relate to a capacity of the UE and are configured by radio resource control (RRC) signalling or predetermined (claim 8 teaches this limitation).
In response to claim 8,
Wang teaches wherein: the shortened time interval or the standard time interval is selected for the signaling between the UE and a base station for the sidelink transmission, wherein the process comprises receiving a report indicating the selected time interval for the signaling via one or more of a scheduling request and a buffer-status report (claim 9 teaches this limitation).
In response to claim 9,
Wang teaches wherein the mini-slot or the non-slot unit is used for the signaling in the New Radio system, and the sidelink transmission is performed using the mini-slot or the non-slot unit (claim 11 teaches this limitation).
In response to claim 10,
Wang teaches an integrated circuit, which comprises circuitry configured to: control transmitting, to a user equipment (UE), first control information for a sidelink transmission; and control receiving second control information, which is transmitted from the UE using a shortened time interval that is determined according to the first control information (claim 11 paragraphs 1-2 teach this limitation),
wherein the shortened time interval is less than a standard time interval that is used in signaling between the UE and another UE in the sidelink transmission, and a time offset between reception of the first control information and the sidelink transmission is configured (claim 1, paragraph 4 teaches this limitation).
In response to claim 11,
Wang teaches comprising: at least one input coupled to the circuitry, wherein the at least one input, in operation, inputs data; and at least one output coupled to the circuitry, wherein the at least one output, in operation, outputs data to be transmitted (claim 12 teaches this limitation).
In response to claim 12,
Wang teaches wherein the shortened time interval is a shortened transmission time interval (sTTI), the standard time interval is a transmission time interval (TTI), and the sTTI is a fraction of the TTI in terms of OFDM symbols (claim 13 teaches this limitation).
In response to claim 13,
Wang teaches wherein the shortened time interval is a mini-slot or non-slot unit in a New Radio system, the standard time interval is a slot in the New Radio system, and the mini-slot or the non-slot unit is a fraction of the slot in terms of OFDM symbols (claim 14 teaches this limitation).
In response to claim 14,
Wang teaches wherein the first control information comprises one or more of downlink control information (DCI) and radio resource control (RRC) signaling, and wherein whether the shortened time interval is used for the signaling is determined according to the one or more of the DCI and RRC signaling (claim 15 teaches this limitation).
In response to claim 15,
Wang teaches wherein when the first control information is transmitted within a control resource that is specially specified for the shortened time interval, the shortened time interval is used for the signaling (claim 16 teaches this limitation).
In response to claim 16,
Wang teaches wherein the first control information comprises downlink control information (DCI), and wherein when the DCI is transmitted within a control resource that is shared by the shortened time interval and the standard time interval, whether the shortened time interval is used for the signaling is determined according to one or more of a search space in the UE and a size of the DCI (claim 17 teaches this limitation).
In response to claim 17,
Wang teaches wherein the first control information comprises sidelink related downlink control information (DCI), and a time of transmitting the sidelink transmission by the UE is not earlier than a first time determined according to one of the following equations
PNG
media_image1.png
137
495
media_image1.png
Greyscale
indicates a time that a base station transmits the sidelink related DCI, m indicates the time offset, S indicates a length of the shortened time interval in second(s), and X and Y relate to a capacity of the UE and are configured by radio resource control (RRC) signalling or predetermined (claim 18 teaches this limitation).
In response to claim 18,
Wang teaches wherein: the shortened time interval or the standard time interval is selected for the signaling between the UE and a base station for the sidelink transmission, wherein the process comprises receiving a report indicating the selected time interval for the signaling via one or more of a scheduling request and a buffer-status report (claim 19 teaches this limitation).
In response to claim 19,
Wang teaches wherein the mini-slot or the non-slot unit is used for the signaling in the New Radio system, and the sidelink transmission is performed using the mini-slot or the non-slot unit (claim 20 teaches this limitation).
In response to claim 20,
Wang teaches a non-transitory computer-readable medium having contents which cause processing circuitry to perform a method, the method comprising: transmitting, to a user equipment (UE), first control information for a sidelink transmission (claim 1, paragraph 1, receiving from a base station is same as transmitting by a base station); and
receiving second control information, which is transmitted from the UE using a shortened time interval that is determined according to the first control information (claim 1, paragraph 2, transmitting by a user equipment (UE) is same as receiving by a base station),
wherein the shortened time interval is less than a standard time interval that is used in signaling between the UE and another UE in the sidelink transmission, and a time offset between reception of the first control information and the sidelink transmission is configured (claim 1, paragraph 4 teaches this limitation).
Claims 1-10, 12-18 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 5-9 of U.S. Patent No.11916839B2 (Wang et al.; hereinafter, “Wang”). Although the claims at issue are not identical, they are not patentably distinct from each other.
In response to claim 1,
Wang teaches a process controlled by an integrated circuit, the process comprising: transmitting, to a user equipment (UE), first control information for a sidelink transmission (claim 1, paragraph 1 teaches this limitation); and
receiving second control information, which is transmitted from the UE using a shortened time interval that is determined according to the first control information (claim 1, paragraph 2 teaches this limitation),
wherein the shortened time interval is less than a standard time interval that is used in signaling between the UE and another UE in the sidelink transmission, and a time offset between reception of the first control information and the sidelink transmission is configured (claim 1, paragraph 3 teaches this limitation).
In response to claim 2,
Wang teaches wherein the shortened time interval is a shortened transmission time interval (sTTI), the standard time interval is a transmission time interval (TTI), and the sTTI is a fraction of the TTI in terms of OFDM symbols (claim 2 teaches this limitation).
In response to claim 3,
Wang teaches wherein the shortened time interval is a mini-slot or non-slot unit in a New Radio system, the standard time interval is a slot in the New Radio system, and the mini-slot or the non-slot unit is a fraction of the slot in terms of OFDM symbols (claim 3 teaches this limitation).
In response to claim 4,
Wang teaches wherein the first control information comprises one or more of downlink control information (DCI) and radio resource control (RRC) signaling, and wherein whether the shortened time interval is used for the signaling is determined according to the one or more of the DCI and RRC signaling (claim 5 teaches this limitation).
In response to claim 5,
Wang teaches wherein when the first control information is transmitted within a control resource that is specially specified for the shortened time interval, the shortened time interval is used for the signaling (claim 6 teaches this limitation).
In response to claim 6,
Wang teaches wherein the first control information comprises downlink control information (DCI), and wherein when the DCI is transmitted within a control resource that is shared by the shortened time interval and the standard time interval, whether the shortened time interval is used for the signaling is determined according to one or more of a search space in the UE and a size of the DCI (claim 7 teaches this limitation).
In response to claim 7,
Wang teaches wherein the first control information comprises sidelink related downlink control information (DCI), and a time of transmitting the sidelink transmission by the UE is not earlier than a first time determined according to one of the following equations
PNG
media_image1.png
137
495
media_image1.png
Greyscale
related DCI, m indicates the time offset, S indicates a length of the shortened time interval in second(s), and X and Y relate to a capacity of the UE and are configured by radio resource control (RRC) signalling or predetermined (claim 8 teaches this limitation).
In response to claim 8,
Wang teaches wherein: the shortened time interval or the standard time interval is selected for the signaling between the UE and a base station for the sidelink transmission, wherein the process comprises receiving a report indicating the selected time interval for the signaling via one or more of a scheduling request and a buffer-status report (claim 9 teaches this limitation).
In response to claim 10,
Wang teaches an integrated circuit, which comprises circuitry configured to: control transmitting, to a user equipment (UE), first control information for a sidelink transmission (claim 1, a base station with a transmitter and a receiver is interpreted as using an integrated circuit, which comprises circuitry configured to teach this limitation); and
control receiving second control information, which is transmitted from the UE using a shortened time interval that is determined according to the first control information (claim 1, paragraph 2 teaches this limitation),
wherein the shortened time interval is less than a standard time interval that is used in signaling between the UE and another UE in the sidelink transmission, and a time offset between reception of the first control information and the sidelink transmission is configured (claim 1, paragraph 3 teaches this limitation).
In response to claim 12,
Wang teaches wherein the shortened time interval is a shortened transmission time interval (sTTI), the standard time interval is a transmission time interval (TTI), and the sTTI is a fraction of the TTI in terms of OFDM symbols (claim 2 teaches this limitation).
In response to claim 13,
Wang teaches wherein the shortened time interval is a mini-slot or non-slot unit in a New Radio system, the standard time interval is a slot in the New Radio system, and the mini-slot or the non-slot unit is a fraction of the slot in terms of OFDM symbols (claim 3 teaches this limitation).
In response to claim 14,
Wang teaches wherein the first control information comprises one or more of downlink control information (DCI) and radio resource control (RRC) signaling, and wherein whether the shortened time interval is used for the signaling is determined according to the one or more of the DCI and RRC signaling (claim 5 teaches this limitation).
In response to claim 15,
Wang teaches wherein when the first control information is transmitted within a control resource that is specially specified for the shortened time interval, the shortened time interval is used for the signaling (claim 6 teaches this limitation).
In response to claim 16,
Wang teaches wherein the first control information comprises downlink control information (DCI), and wherein when the DCI is transmitted within a control resource that is shared by the shortened time interval and the standard time interval, whether the shortened time interval is used for the signaling is determined according to one or more of a search space in the UE and a size of the DCI (claim 7 teaches this limitation).
In response to claim 17,
Wang teaches wherein the first control information comprises sidelink related downlink control information (DCI), and a time of transmitting the sidelink transmission by the UE is not earlier than a first time determined according to one of the following equations
PNG
media_image1.png
137
495
media_image1.png
Greyscale
indicates a time that a base station transmits the sidelink related DCI, m indicates the time offset, S indicates a length of the shortened time interval in second(s), and X and Y relate to a capacity of the UE and are configured by radio resource control (RRC) signalling or predetermined (claim 8 teaches this limitation).
In response to claim 18,
Wang teaches wherein: the shortened time interval or the standard time interval is selected for the signaling between the UE and a base station for the sidelink transmission, wherein the process comprises receiving a report indicating the selected time interval for the signaling via one or more of a scheduling request and a buffer-status report (claim 9 teaches this limitation).
In response to claim 20,
Wang teaches a non-transitory computer-readable medium having contents which cause processing circuitry to perform a method, the method comprising: transmitting, to a user equipment (UE), first control information for a sidelink transmission (claim 1, paragraph 1 teaches this limitation); and
receiving second control information, which is transmitted from the UE using a shortened time interval that is determined according to the first control information (claim 1, paragraph 2 teaches this limitation),
wherein the shortened time interval is less than a standard time interval that is used in signaling between the UE and another UE in the sidelink transmission, and a time offset between reception of the first control information and the sidelink transmission is configured (claim 1, paragraph 3 teaches this limitation).
Claims 1-8, 10, 12-18 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 5-9 of U.S. Patent No.11626956B2 (Wang et al.; hereinafter, “Wang”). Although the claims at issue are not identical, they are not patentably distinct from each other.
In response to claim 1,
Wang teaches a process controlled by an integrated circuit, the process comprising: transmitting, to a user equipment (UE), first control information for a sidelink transmission (claim 1, paragraph 1, receiving from a base station is same as transmitting by a base station); and
receiving second control information, which is transmitted from the UE using a shortened time interval that is determined according to the first control information (claim 1, paragraph 3, transmitting from a base station is same as receiving, paragraph 3 teaches this limitation),
wherein the shortened time interval is less than a standard time interval that is used in signaling between the UE and another UE in the sidelink transmission, and a time offset between reception of the first control information and the sidelink transmission is configured (claim 1, paragraph 4 teaches this limitation).
In response to claim 2,
Wang teaches wherein the shortened time interval is a shortened transmission time interval (sTTI), the standard time interval is a transmission time interval (TTI), and the sTTI is a fraction of the TTI in terms of OFDM symbols (claim 2 teaches this limitation).
In response to claim 3,
Wang teaches wherein the shortened time interval is a mini-slot or non-slot unit in a New Radio system, the standard time interval is a slot in the New Radio system, and the mini-slot or the non-slot unit is a fraction of the slot in terms of OFDM symbols(claim 3 teaches this limitation).
In response to claim 4,
Wang teaches wherein the first control information comprises one or more of downlink control information (DCI) and radio resource control (RRC) signaling, and wherein whether the shortened time interval is used for the signaling is determined according to the one or more of the DCI and RRC signaling (claim 5 teaches thus limitation).
In response to claim 5,
Wang teaches wherein when the first control information is transmitted within a control resource that is specially specified for the shortened time interval, the shortened time interval is used for the signaling (claim 6 teaches this limitation).
In response to claim 6,
Wang teaches wherein the first control information comprises downlink control information (DCI), and wherein when the DCI is transmitted within a control resource that is shared by the shortened time interval and the standard time interval, whether the shortened time interval is used for the signaling is determined according to one or more of a search space in the UE and a size of the DCI (claim 7 teaches this limitation).
In response to claim 7,
Wang teaches wherein the first control information comprises sidelink related downlink control information (DCI), and a time of transmitting the sidelink transmission by the UE is not earlier than a first time determined according to one of the following equations
PNG
media_image1.png
137
495
media_image1.png
Greyscale
related DCI, m indicates the time offset, S indicates a length of the shortened time interval in second(s), and X and Y relate to a capacity of the UE and are configured by radio resource control (RRC) signalling or predetermined (claim 8 teaches this limitation).
In response to claim 8,
Wang teaches wherein: the shortened time interval or the standard time interval is selected for the signaling between the UE and a base station for the sidelink transmission, wherein the process comprises receiving a report indicating the selected time interval for the signaling via one or more of a scheduling request and a buffer-status report (claim 9 teaches this limitation).
In response to claim 10,
Wang teaches an integrated circuit, which comprises circuitry configured to: control transmitting, to a user equipment (UE), first control information for a sidelink transmission (claim 1, a base station with a transmitter and a receiver is interpreted as using an integrated circuit, which comprises circuitry configured to teach this limitation); and
control receiving second control information, which is transmitted from the UE using a shortened time interval that is determined according to the first control information (claim 1, paragraph 2 teaches this limitation),
wherein the shortened time interval is less than a standard time interval that is used in signaling between the UE and another UE in the sidelink transmission, and a time offset between reception of the first control information and the sidelink transmission is configured (claim 1, paragraph 3 teaches this limitation).
In response to claim 12,
Wang teaches wherein the shortened time interval is a shortened transmission time interval (sTTI), the standard time interval is a transmission time interval (TTI), and the sTTI is a fraction of the TTI in terms of OFDM symbols (claim 2 teaches this limitation).
In response to claim 13,
Wang teaches wherein the shortened time interval is a mini-slot or non-slot unit in a New Radio system, the standard time interval is a slot in the New Radio system, and the mini-slot or the non-slot unit is a fraction of the slot in terms of OFDM symbols (claim 3 teaches this limitation).
In response to claim 14,
Wang teaches wherein the first control information comprises one or more of downlink control information (DCI) and radio resource control (RRC) signaling, and wherein whether the shortened time interval is used for the signaling is determined according to the one or more of the DCI and RRC signaling (claim 5 teaches this limitation).
In response to claim 15,
Wang teaches wherein when the first control information is transmitted within a control resource that is specially specified for the shortened time interval, the shortened time interval is used for the signaling (claim 6 teaches this limitation).
In response to claim 16,
Wang teaches wherein the first control information comprises downlink control information (DCI), and wherein when the DCI is transmitted within a control resource that is shared by the shortened time interval and the standard time interval, whether the shortened time interval is used for the signaling is determined according to one or more of a search space in the UE and a size of the DCI (claim 7 teaches this limitation).
In response to claim 17,
Wang teaches wherein the first control information comprises sidelink related downlink control information (DCI), and a time of transmitting the sidelink transmission by the UE is not earlier than a first time determined according to one of the following equations
PNG
media_image1.png
137
495
media_image1.png
Greyscale
indicates a time that a base station transmits the sidelink related DCI, m indicates the time offset, S indicates a length of the shortened time interval in second(s), and X and Y relate to a capacity of the UE and are configured by radio resource control (RRC) signalling or predetermined (claim 8 teaches this limitation).
In response to claim 18,
Wang teaches wherein: the shortened time interval or the standard time interval is selected for the signaling between the UE and a base station for the sidelink transmission, wherein the process comprises receiving a report indicating the selected time interval for the signaling via one or more of a scheduling request and a buffer-status report (claim 9 teaches this limitation).
In response to claim 20,
Wang teaches a non-transitory computer-readable medium having contents which cause processing circuitry to perform a method, the method comprising: transmitting, to a user equipment (UE), first control information for a sidelink transmission (claim 1, paragraph 1, receiving by a user equipment is read as transmitting by a base station, claim 1 paragraph teaches this limitation); and
receiving second control information, which is transmitted from the UE using a shortened time interval that is determined according to the first control information (claim 1, paragraph 3, transmitting by a UE is read as receiving by a base station, paragraph 3 teaches this limitation),
wherein the shortened time interval is less than a standard time interval that is used in signaling between the UE and another UE in the sidelink transmission, and a time offset between reception of the first control information and the sidelink transmission is configured (claim 1, paragraph 3 teaches this limitation).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
20190141679……………paragraph 29-30, 35 and 84.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABUSAYEED HAQUE whose telephone number is (571)270-7252. The examiner can normally be reached 9 am -7:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at 571-272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABUSAYEED M HAQUE/ Examiner, Art Unit 2466
/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466
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