DETAILED ACTION
This action is in response to application filed on 09 December 2024. Claims 1-20 are now pending in the present application. This office action is made Non-Final.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on
17 December 2024
is in compliance with the provisions of 37 CFR 1.97 and is being considered by the examiner.
Brief Description of Communications Methods and Systems
“…DCI formats 1A/1B/1D/2A/2B/2C/2D/2 may comprise TPC command for PUCCH. In the current LTE-Advanced, the TPC command in these DCI formats are applicable to PUCCH on PCell or PSCell…” (for above paragraph - see instant application, section detailed description of embodiments, pp. 15-16, [0217]).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yang et al. (hereinafter Yang) (US 2018/0013533 A1).
Regarding claims 1 and 10, Yang discloses a non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station, cause the base station to:
transmit configuration parameters of a plurality of cells e.g., eNB) grouped into { (see pg. 2, [0015]; pg. 17, [0185]; pg. 16, [0173]; Figs. 1, 6, & 11-15), where the system provides a UE with configuration to dual connectivity to communicate via cell groups (see pg. 16, [0172]) }:
a primary physical uplink control channel (PUCCH) group (e.g., MCG) comprising a primary cell with a primary PUCCH { (see pg. 2, [0015]; pg. 17, [0185]; pg. 16, [0173]) }; and
a secondary PUCCH group (e.g., MCG) comprising a PUCCH secondary cell with a secondary PUCCH { (see pg. 2, [0015]; pg. 17, [0185]; pg. 16, [0173]) };
transmit, for a cell in the plurality of cells, downlink control information comprising a PUCCH transmit power control (TPC) command and scheduling information for the cell { (see pg. 19, [0218, lines 1-5; 0219, lines 7-12]; pg. 18, [0215, lines 1-6]), where the system receives communication on the Acell, and the system has UL/DL scheduling (see pg. 16, [0173]; pg. 7, [0071]; pg. 8, [0082, lines 7-12]), and the system has a secondary cell group (SCG) that includes a Scell (i.e., Acell) (see pg. 17, [0185, 0192]) },
wherein: a downlink control information format of the downlink control information does not have a downlink control information format 3 { (see pg. 7, [0071, lines 12-24), where the system provide DCI formats (e.g., 0, 4) that can include transmit power control (TPC) (see pg. 7, [0072-0073]), and the system provides different formats (e.g., 0, 4, 1, 1A, 2A, etc.) for transmitting control information (see pg. 7, [0071, lines 10-24]) }; and
the downlink control information format of the downlink control information does not have a downlink control information format 3A { (see pg. 7, [0071, lines 12-24), where the system provide DCI formats (e.g., 0, 4) that can include transmit power control (TPC) (see pg. 7, [0072-0073]), and the system provides different formats (e.g., 0, 4, 1, 1A, 2A, etc.) for transmitting control information (see pg. 7, [0071, lines 10-24]) }; and
receive uplink signals with a transmit power calculated, for one of the primary PUCCH or the secondary PUCCH, employing the PUCCH TPC command, wherein the one of the primary PUCCH or the secondary PUCCH is determined based on whether the cell is the primary cell or the PUCCH secondary cell { (see pg. 19, [0218, lines 1-6]; pg. 7, [0072-0073]), where the system has DCI formats for TPC commands with power adjustments (see pg. 18, [0215, lines 1-4]; pg. 8, [0085]; pg. 16, [0172, 0174]), and the system has PUCCH format for larger payload (see pg. 16, [0174]) }.
Regarding claims 2 and 12, Yang discloses the non-transitory computer-readable medium of claim 1, wherein the instructions further cause the base station to transmit the configuration parameters to a wireless device { (see pg. 2, [0015]; pg. 17, [0185]; pg. 16, [0173]; Figs. 1, 6, & 11-15), where the system provides a UE with configuration to dual connectivity to communicate via cell groups (see pg. 16, [0172]) }.
Regarding claims 3 and 13, Yang discloses the non-transitory computer-readable medium of claim 1, wherein the instructions further cause the base station to transmit a media access control (MAC) activation command indicating activation of the PUCCH secondary cell { (see pg. 19, [0218, lines 1-5]; Figs. 1, 6, & 11-15).
Regarding claims 4 and 14, Yang discloses the non-transitory computer-readable medium of claim 1, wherein the downlink control information is transmitted in a wireless device specific search space of a physical downlink control channel of the PUCCH secondary cell { (see pg. 7, [0072-0073]; pg. 8, [0085]; pg. 16, [0172]; pg. 18, [0215]) }.
Regarding claims 5 and 15, Yang discloses the non-transitory computer-readable medium of claim 1, wherein the instructions further cause the base station to transmit: one or more first PUCCH information elements (IEs) indicating one or more PUCCH formats of the secondary PUCCH; and one or more second PUCCH power control IEs indicating a power parameter value for at least one of the one or more PUCCH formats; wherein the transmit power is further calculated employing the one or more second PUCCH power control IEs { (see pg. 19, [0218, lines 1-6]; pg. 7, [0072-0073]), where the system has DCI formats for TPC commands with power adjustments (see pg. 18, [0215, lines 1-4]; pg. 8, [0085]; pg. 16, [0172, 0174]), and the system has PUCCH format for larger payload (see pg. 16, [0174]) }.
Regarding claims 6 and 16, Yang discloses the non-transitory computer-readable medium of claim 1, wherein the instructions further cause the base station to transmit a pathloss reference parameter indicating a pathloss reference cell of the PUCCH secondary cell { (see pg. 9, [0092]; pg. 19, [0218, lines 1-6]; pg. 7, [0072-0073]) }.
Regarding claims 7 and 17, Yang discloses the non-transitory computer-readable medium of claim 1, wherein the uplink signals comprise channel state information { (see pg. 8, [0085]; pg. 16, [0172]; pg. 18, [0215]) }.
Regarding claims 8 and 18, Yang discloses the non-transitory computer-readable medium of claim 1, wherein the instructions further cause the base station to transmit, on a common search space of the primary cell, a second PUCCH TPC command for the secondary PUCCH { (see pg. 7, [0072-0073]; pg. 9, [0092]; pg. 19, [0218, lines 1-6]), where the system performs the power adjustment with TPC }.
Regarding claims 9 and 19, Yang discloses the non-transitory computer-readable medium of claim 1, wherein the transmit power is calculated, for the primary PUCCH, employing the PUCCH TPC command { (see pg. 19, [0218, lines 1-6]; pg. 7, [0072-0073]), where the system has DCI formats for TPC commands with power adjustments (see pg. 18, [0215, lines 1-4]; pg. 8, [0085]; pg. 16, [0172, 0174]), and the system has PUCCH format for larger payload (see pg. 16, [0174]) }.
Regarding claims 10 and 20, Yang discloses the non-transitory computer-readable medium of claim 9, wherein the uplink signals are received on the primary PUCCH with the transmit power { (see pg. 19, [0218, lines 1-6]; pg. 7, [0072-0073]), where the system has DCI formats for TPC commands with power adjustments (see pg. 18, [0215, lines 1-4]; pg. 8, [0085]; pg. 16, [0172, 0174]), and the system has PUCCH format for larger payload (see pg. 16, [0174]) }.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,207,201 B2 (Dinan.; application no. 17/746774; Applicant Related Art; hereinafter ARA ‘201). Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant application and the US patent ARA ‘956 claim the same subject matter. The common subject matter is transmission power control of a wireless device.
Regarding claims 1 and 11, ARA ‘201 discloses a non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station, cause the base station to: transmit configuration parameters of a plurality of cells grouped into: a primary physical uplink control channel (PUCCH) group comprising a primary cell with a primary PUCCH; and a secondary PUCCH group comprising a PUCCH secondary cell with a secondary PUCCH; transmit, for a cell in the plurality of cells, downlink control information comprising a PUCCH transmit power control (TPC) command and scheduling information for the cell, wherein: a downlink control information format of the downlink control information does not have a downlink control information format 3; and the downlink control information format of the downlink control information does not have a downlink control information format 3A; and receive uplink signals with a transmit power calculated, for one of the primary PUCCH or the secondary PUCCH, employing the PUCCH TPC command, wherein the one of the primary PUCCH or the secondary PUCCH is determined based on whether the cell is the primary cell or the PUCCH secondary cell { (drawn to features - see claims 11 & 1, respectively) }.
Claims 2 and 12, are drawn to the features of ARA ‘201 claims 12 and 2, respectively.
Claims 3 and 13, are drawn to the features of ARA ‘901 claims 13 and 3.
Claims 4 and 14, are drawn to the features of ARA ‘201 claims 14 and 4, respectively.
Claims 5 and 15, are drawn to the features of ARA ‘201 claims 15 and 5, respectively.
Claims 6 and 16, are drawn to the features of ARA ‘201 claims 16 and 6, respectively.
Claims 7 and 17, are drawn to the features of ARA ‘201 claims 17 and 7, respectively.
Claims 8 and 18, are drawn to the features of ARA ‘201 claims 18 and 8, respectively.
Claims 9 and 19, are drawn to the features of ARA ‘201 claims 19 and 9, respectively.
Claims 10 and 20, are drawn to the features of ARA ‘201 claims 20 and 10, respectively.
Therefore, the US patent reference ARA ‘201 includes the same manipulations of the instant application and as addressed above more than adequately meets the claim limitations.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11,356,956 B2 (Dinan et al.; application no. 15/186502; Applicant Related Art; hereinafter ARA ‘956). Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant application and the US patent ARA ‘956 claim the same subject matter. The common subject matter is transmission power control of a wireless device.
Regarding claims 1 and 11, ARA ‘2956 discloses a non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station, cause the base station to: transmit configuration parameters of a plurality of cells grouped into: a primary physical uplink control channel (PUCCH) group comprising a primary cell with a primary PUCCH; and a secondary PUCCH group comprising a PUCCH secondary cell with a secondary PUCCH; transmit, for a cell in the plurality of cells, downlink control information comprising a PUCCH transmit power control (TPC) command and scheduling information for the cell, wherein: a downlink control information format of the downlink control information does not have a downlink control information format 3; and the downlink control information format of the downlink control information does not have a downlink control information format 3A; and receive uplink signals with a transmit power calculated, for one of the primary PUCCH or the secondary PUCCH, employing the PUCCH TPC command, wherein the one of the primary PUCCH or the secondary PUCCH is determined based on whether the cell is the primary cell or the PUCCH secondary cell { (drawn to features - see claims 1 & 10, respectively) }.
Claims 2 and 12, are drawn to the features of ARA ‘956 claims 1 and 10.
Claims 3 and 13, are drawn to the features of ARA ‘956 claims 1 and 10.
Claims 4 and 14, are drawn to the features of ARA ‘956 claims 2 and 11.
Claims 5 and 15, are drawn to the features of ARA ‘956 claims 3 and 12.
Claims 6 and 16, are drawn to the features of ARA ‘956 claims 4 and 13.
Claims 7 and 17, are drawn to the features of ARA ‘956 claims 5 and 14.
Claims 8 and 18, are drawn to the features of ARA ‘956 claims 6 and 15.
Claims 9 and 19, are drawn to the features of ARA ‘956 claims 1, 7, and 10.
Claims 10 and 20, are drawn to the features of ARA ‘956 claims 1 and 10.
Therefore, the US patent reference ARA ‘956 includes the same manipulations of the instant application and as addressed above more than adequately meets the claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Choi (US 8,311,053 B2) discloses methods for controlling an uplink signal transmission power and communication devices. Choi at the least further discloses…TPC commands may be transmitted…DCI format 1/1A/1B UE-specific, 2-bit TPC command PUCCH… DCI format 1/1A/1B UE-specific, 2-bit TPC command PUCCH (see Choi - col. 7, lines 1-22 ‘Table 3’).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIE J DANIEL JR whose telephone number is (571)272-7907. The examiner can normally be reached on 9 - 6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Mui can be reached on 571-270-1420. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIE J DANIEL JR/Primary Examiner, Art Unit 2465
WJD,Jr
30 September 2026
