DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. This communication is responsive to Application No. 18/967,536 filed on December 03, 2024, which is CON of 18/001,835 (US 12,212,443 B2). Claims 1-20 are subject to examination.
Claim Objections
3. Following claims are objected to because of the following informalities:
in claim 4, “the obtaining the data” (line 1) should be replaced with “the obtained data”; and
in claim 15, “UW and” (line 4) should be replaced with “UW; and”.
Appropriate correction is required.
Double Patenting
4. 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.
5. Claims 1-20 (Instant Application) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,212,443 B2 (Patented Application) and in view of Gotoh et al. (US 2021/0068115 A1).
Claim 1 of Instant Application
Claim 1 of Patented Application
A method comprising: receiving information related to a configuration for symbols from a base station; receiving the symbols including data from the base station; and performing at least one operation on each of the symbols to obtain the data from the symbols based on the information related to the configuration, wherein the at least one operation comprises fast Fourier transform (FFT) operation; wherein the symbols comprise orthogonal frequency division multiplexing (OFDM) based symbols, and wherein the information related to the configuration comprises information related to a unique word (UW) of each of the symbols and is received through downlink control information (DCI).
A method of operating a terminal in a wireless communication system, the method comprising: receiving information related to a configuration for symbols from a base station; receiving the symbols including data from the base station; and obtaining the data from the symbols based on the information related to the configuration, wherein the symbols comprise orthogonal frequency division multiplexing (OFDM) based symbols, and wherein the information related to the configuration comprises information related to a unique word (UW) of each of the symbols and is received through downlink control information (DCI).
As shown above, claim 1 of the Patented Application discloses all limitations of claim 1 of the Instant Application with the exception of “at least one operation comprises fast Fourier transform (FFT) operation.” Gotoh et al. (US 2021/0068115 A1) discloses the at least one operation comprises fast Fourier transform (FFT) operation (Figure 4: “Base Station Apparatus”, “Terminal Apparatus”, “Configuration” & “DCI”; Figure 7 (Terminal Apparatus): “FFT”; and Paragraph 141: UW-DFTS-OFDM). At the time the invention was made it would have been obvious to modify Applicant’s operation to include the FFT as in Gotoh. One of ordinary skill in the art would be motivated to do so to ensure high reliability, Paragraph 11.
Claims 2-8 of the Instant Application and claims 2-8 of the Patented Application recite similar limitations.
Claim 9 of Instant Application
Claim 9 of Patented Application
A method comprising: transmitting information related to a configuration for symbols; and performing at least one operation on each of the symbols to generate the symbols according to the configuration; and transmitting the symbols, wherein the at least one operation comprises inverse fast Fourier transform (IFFT) operation; wherein the symbols comprise orthogonal frequency division multiplexing (OFDM) based symbols, and wherein the information related to the configuration comprises information related to a unique word (UW) of each of the symbols and is transmitted through downlink control information (DCI).
A method of operating a base station in a wireless communication system, the method comprising: transmitting information related to a configuration for symbols; and generating the symbols according to the configuration; and transmitting the symbols, wherein the symbols comprise orthogonal frequency division multiplexing (OFDM) based symbols, and wherein the information related to the configuration comprises information related to a unique word (UW) of each of the symbols and is transmitted through downlink control information (DCI).
As shown above, claim 9 of the Patented Application discloses all limitations of claim 9 of the Instant Application with the exception of “at least one operation comprises inverse fast Fourier transform (IFFT) operation.” Gotoh et al. (US 2021/0068115 A1) discloses the at least one operation comprises fast Fourier transform (FFT) operation (Figure 4: “Base Station Apparatus”, “Terminal Apparatus”, “Configuration” & “DCI”; Figure 9 (Base Station Apparatus): “IFFT”; and Paragraph 141: UW-DFTS-OFDM). At the time the invention was made it would have been obvious to modify Applicant’s operation to include the IFFT as in Gotoh. One of ordinary skill in the art would be motivated to do so to ensure high reliability, Paragraph 11.
Claims 10-15 of the Instant Application and claims 10-15 of the Patented Application recite similar limitations.
Claim 16 of Instant Application
Claim 16 of Patented Application
An apparatus comprising: a transceiver; and at least one processor coupled to the transceiver and configured to: receive information related to a configuration for symbols from a base station; receive the symbols including data from the base station; and perform at least one operation on each of the symbols to obtain the data from the symbols based on the information related to the configuration, wherein the at least one operation comprises fast Fourier transform (FFT) operation; wherein the symbols comprise orthogonal frequency division multiplexing (OFDM) based symbols, and wherein the information related to the configuration comprises information related to a unique word (UW) of each of the symbols and is received through downlink control information (DCI).
A terminal in a wireless communication system, the terminal comprising: a transceiver; and at least one processor coupled to the transceiver and configured to: receive information related to a configuration for symbols from a base station; receive the symbols including data from the base station; and obtain the data from the symbols based on the information related to the configuration, wherein the symbols comprise orthogonal frequency division multiplexing (OFDM) based symbols, and wherein the information related to the configuration comprises information related to a unique word (UW) of each of the symbols and is received through downlink control information (DCI).
As shown above, claim 16 of the Patented Application discloses all limitations of claim 16 of the Instant Application with the exception of “at least one operation comprises fast Fourier transform (FFT) operation.” Gotoh et al. (US 2021/0068115 A1) discloses the at least one operation comprises fast Fourier transform (FFT) operation (Figure 4: “Base Station Apparatus”, “Terminal Apparatus”, “Configuration” & “DCI”; Figure 7 (Terminal Apparatus): “FFT”; and Paragraph 141: UW-DFTS-OFDM). At the time the invention was made it would have been obvious to modify Applicant’s operation to include the FFT as in Gotoh. One of ordinary skill in the art would be motivated to do so to ensure high reliability, Paragraph 11.
Claims 17-20 of the Instant Application and claims 17-20 of the Patented Application recite similar limitations.
Claim Rejections - 35 USC § 112
6. 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
7. Claims 3-7, 11-14 and 18-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the Applicant regards as the invention.
Claim 3 recites the limitation "the number" in line 2. There is insufficient antecedent basis for this limitation in the claim. Similar rejection applies to claims 11 and 18.
Claim 4 recites the limitation "the UW-OFDM symbols" in line 3. There is insufficient antecedent basis for this limitation in the claim. Similar rejection applies to claims 5, 12 and 19.
Reason for Allowance
8. Regarding claims 1, 9 and 16, prior art of record fails to disclose wherein the information related to the configuration comprises information related to a unique word (UW) of each of the symbols (OFDM) and is received/transmitted through downlink control information (DCI).
Conclusion
9. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to SHAWKAT M. ALI whose telephone number is (571) 270-1639. The Examiner can normally be reached on Monday-Thursday 8:30AM-3:30PM ET.
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 AIR at http://www.uspto.gov/interviewpractice.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, SAM K. AHN can be reached on (571) 272-3044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWKAT M ALI/
Primary Examiner, Art Unit 2633