DETAILEDACTION
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 non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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.
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Claims 1-7 and 9-12 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 11,792,817. Although the conflicting claims are not identical, they are not patentably distinct from each other because some of the limitations in the instant application claims 1 and 7 have been eliminated or modified some words with the same meaning from patent claims 1 and 7 as seen in the bold and italic in the tables below. It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art.
Instant application claim 1: Patent claim 1:
A process controlled by an integrated circuit, the process comprising:
A terminal comprising:
receiving downlink control information (DCI) used for scheduling time domain units, each of which is shorter than one slot; and
a receiver, which, in operation, receives downlink control information (DCI) used for scheduling time domain units, each of which is shorter than one slot; and
transmitting uplink data on the time domain units based on the DCI,
a transmitter, which, in operation, transmits uplink data on the time domain units based on the DCI,
wherein the DCI includes first control information respectively configured for the time domain units and second control information configured for all of the time domain units, and the second control information includes a modulation and coding scheme (MCS) and a frequency resource assignment.
wherein the DCI includes first control information respectively configured for the time domain units and second control information configured for all of the time domain units, and the second control information includes a modulation and coding scheme (MCS) and a frequency resource assignment.
As to claim 2, this claim is fully disclosed in patent claim 2.
As to claim 3, this claim is fully disclosed in patent claim 3.
As to claim 4, this claim is fully disclosed in patent claim 4.
As to claim 5, this claim is fully disclosed in patent claim 5.
As to claim 6, this claim is fully disclosed in patent claim 6.
Instant application claim 7: Patent claim 7:
An integrated circuit, which comprises circuitry configured to:
A communication method comprising:
control receiving downlink control information (DCI) used for scheduling time domain units, each of which is shorter than one slot; and
receiving downlink control information (DCI) used for scheduling time domain units, each of which is shorter than one slot; and
control transmitting uplink data on the time domain units based on the DCI,
transmitting uplink data on the time domain units based on the DCI,
wherein the DCI includes first control information respectively configured for the time domain units and second control information configured for all of the time domain units, and the second control information includes a modulation and coding scheme (MCS) and a frequency resource assignment.
wherein the DCI includes first control information respectively configured for the time domain units and second control information configured for all of the time domain units, and the second control information includes a modulation and coding scheme (MCS) and a frequency resource assignment.
As to claim 9, this claim is fully disclosed in patent claim 9.
As to claim 10, this claim is fully disclosed in patent claim 10.
As to claim 11, this claim is fully disclosed in patent claim 11.
As to claim 12, this claim is fully disclosed in patent claim 12.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 US Pub. 2016/0345311 to Chen et al. (hereinafter Chen).
In regard claim 1, Chen teaches or discloses a process controlled by an integrated circuit, the process comprising:
receiving downlink control information (DCI) used for scheduling time domain units, each of which is shorter than one slot (see paragraphs [0024], [0055], [0057], [0059], and [0078], a UE can receive the DCI in the search space, determine that the DCI relates to scheduling data resources based on the second TTI, and accordingly communicate data over the data resources based on the second TTI. The UE 602 may process data received over the second data resources based on the second TTI);
transmitting uplink data on the time domain units based on the DCI (see paragraphs [0073], and [0081], transceivers 606, 656 can operate in multiple bands (e.g., using a multiband-multimode modem, not shown) such to process digital data sent and received using transceivers 606, 656. In an aspect, transceivers 606, 656 can be multiband and be configured to support multiple frequency bands for a specific communications protocol. In an aspect, transceivers 606, 656 can be configured to support multiple operating networks and communications protocols. Thus, for example, transceivers 606, 656 may enable transmission and/or reception of signals based on a specified modem configuration. Data processing component 614 may assume the subsequent communications are to be based on the second TTI based on determining the data at Block 710 is based on the second TTI);
wherein the DCI includes first control information respectively configured for the time domain units and second control information configured for all of the time domain units, and the second control information includes a modulation and coding scheme (MCS) and a frequency resource assignment (see paragraphs [0024], [0083], and [0085], where the DCI can include one or more indicators specifying that the DCI corresponds to scheduling data resources that are based on the second TTI. The DCI may include additional bits to indicate the additional parameters (e.g., the reserved HARQ bits in DCI format 1A in LTE, other bits set specifically for RACH orders in DCI format 1A in LTE, etc.).
In regard claims 2, 9, and 16, Chen teaches or discloses the process according to claim 1, wherein the DCI includes information indicating whether each of the time domain units is assigned or not (see paragraph [0055], the legacy wireless technology (e.g., DCI format 1A in LTE) and can use one or more bits defined by the format to indicate whether the data resources being scheduled correspond to data resources based on the second TTI or not (or on the first TTI or other TTIs having a different duration). Thus, the UE 515 receiving and descrambling the DCI may interpret a value of one or more bits in DCI format 1A as indicating the data resources to be scheduled (e.g., resources corresponding to uPDSCH in symbol 512) are based on a 1 ms TTI, a new TTI (e.g., 1 or 2 symbols, 1 slot, etc.), and/or the like for paging, random access (e.g., random access response), system information, or similar broadcast resources (e.g., based on the RNTI used to successfully descramble the DCI)).
In regard claims 3, 10, and 17, Chen teaches or discloses the process according to claim 1, wherein the first control information includes at least one of information indicating an HARQ process number, a new data indicator (NDI), a redundancy version (RV), or a combination of a plurality of transport blocks and codewords (see paragraphs [0055], [0056], [0057], and [0062], one or more bits of the DCI format that are reserved for HARQ process information (e.g., since HARQ may not be utilized for broadcast/multicast communications) to indicate whether the data resources being scheduled correspond to the second TTI (or the first TTI or other TTIs). Thus, the UE 515 receiving and descrambling the DCI may interpret a value of one or more bits in DCI format 1A as indicating the data resources to be scheduled (e.g., resources corresponding to uPDSCH in symbol 512) are based on a 1 ms TTI, a new TTI (e.g., 1 or 2 symbols, 1 slot, etc.), and/or the like for paging, random access (e.g., random access response), system information, or similar broadcast resources (e.g., based on the RNTI used to successfully descramble the DCI)).
In regard claims 4, 11, and 18, Chen teaches or discloses the process according to claim 1, wherein the DCI is used for scheduling the time domain units for an uplink data signal (see paragraphs [0056], and [0058], one or more bits of the DCI format may be used to indicate a duration of the data resources being scheduled, a location of the data resources respective to the control region (e.g., in the same region, a subsequent region (e.g., another resource block), etc.). In an example, the duration of the data resources to be scheduled can be varied. In such an example, the UE 515 receiving and descrambling the DCI may determine the duration of the data resources to be scheduled (e.g., resources corresponding to uPDSCH in symbol 512) based on the one or more bits of the DCI. It is to be appreciated that scheduling data resources based on the second TTI may be enabled for some broadcast/multicast transmissions but not necessarily others (e.g., enabled for P-RNTI and RA-RNTI but SI-RNTI is based on lms TTI; or enabled for RA-RNTI but P-RNTI and SI-RNTI are based on 1 ms TTI; etc.). In a specific example, for RA-RNTI, base station 505 schedules data resources based on the second TTI (e.g., uPDSCH resources in symbol 512) to carry a random access response (RAR) grant to be transmitted by the base station 505, where the RAR grant may be scheduled and transmitted based on a received random access request from the UE 515).
In regard claims 5, 12, and 19, Chen teaches or discloses the process according to claim 1, wherein the time domain units are included in one subframe (see paragraphs [0005], [0023], [0027], and [0034], in one specific example, in long term evolution (LTE), which is based on a TTI of 1 millisecond (ms) (1 subframe), ULL LTE is being defined as based on a TTI having a duration less than a subframe. For example, ULL LTE may be based on a TTI having a duration of one symbol of a subframe (e.g., one orthogonal frequency division multiplexing (OFDM) symbol), two symbols of a subframe, a subframe slot comprising multiple symbols, etc. In this regard, a lower latency in communications is achieved by the shorter, more frequent TTI. In some examples, access points 105 and UEs 115 may concurrently transmit in a first hierarchical layer, within a frame, one or more subframes each having a first subframe type using two or more separate carriers. Each carrier may have a bandwidth of, for example, 20 MHz, although other bandwidths may be utilized. Hybrid UE 115-a, and/or second layer UE 115-b may, in certain examples, receive and/or transmit one or more subframes in a second hierarchical layer utilizing a single carrier that has a bandwidth greater than a bandwidth of one or more of the separate carriers.
In regard claims 6, 13, and 20, Chen teaches or discloses the process according to claim 1, wherein the time domain units are included in one slot (see paragraphs [0023], [0049], and [0051], TTI may be two or more symbols, a slot of a subframe (where a subframe includes two slots), etc.
In regard claim 7, Chen teaches or discloses an integrated circuit, which comprises circuitry configured to:
control receiving downlink control information (DCI) used for scheduling time domain units, each of which is shorter than one slot (see paragraphs [0024], [0055], [0057], [0059], a and [0078], a UE can receive the DCI in the search space, determine that the DCI relates to scheduling data resources based on the second TTI, and accordingly communicate data over the data resources based on the second TTI. The UE 602 may process data received over the second data resources based on the second TTI); and
control transmitting uplink data on the time domain units based on the DCI (see paragraphs [0073], and [0081], transceivers 606, 656 can operate in multiple bands (e.g., using a multiband-multimode modem, not shown) such to process digital data sent and received using transceivers 606, 656. In an aspect, transceivers 606, 656 can be multiband and be configured to support multiple frequency bands for a specific communications protocol. In an aspect, transceivers 606, 656 can be configured to support multiple operating networks and communications protocols. Thus, for example, transceivers 606, 656 may enable transmission and/or reception of signals based on a specified modem configuration. Data processing component 614 may assume the subsequent communications are to be based on the second TTI based on determining the data at Block 710 is based on the second TTI),
wherein the DCI includes first control information respectively configured for the time domain units and second control information configured for all of the time domain units, and the second control information includes a modulation and coding scheme (MCS) and a frequency resource assignment (see paragraphs [0024], [0083], and [0085], where the DCI can include one or more indicators specifying that the DCI corresponds to scheduling data resources that are based on the second TTI. The DCI may include additional bits to indicate the additional parameters (e.g., the reserved HARQ bits in DCI format 1A in LTE, other bits set specifically for RACH orders in DCI format 1A in LTE, etc.).
In regard claim 8, Chen teaches or discloses the integrated circuit according to claim 7, comprising:
at least one input coupled to the circuitry, wherein the at least one input, in operation, inputs data (see Fig. 3);
at least one output coupled to the circuitry, wherein the at least one output, in operation, outputs data (see Fig. 3).
In regard claim 14, Chen teaches or discloses a non-transitory computer-readable medium having contents which cause processing circuitry to perform a method, the method comprising:
receiving downlink control information (DCI) used for scheduling time domain units, each of which is shorter than one slot (see paragraphs [0024], [0055], [0057], [0059], and [0078], a UE can receive the DCI in the search space, determine that the DCI relates to scheduling data resources based on the second TTI, and accordingly communicate data over the data resources based on the second TTI. The UE 602 may process data received over the second data resources based on the second TTI); and
transmitting uplink data on the time domain units based on the DCI (see paragraphs [0073], and [0081], transceivers 606, 656 can operate in multiple bands (e.g., using a multiband-multimode modem, not shown) such to process digital data sent and received using transceivers 606, 656. In an aspect, transceivers 606, 656 can be multiband and be configured to support multiple frequency bands for a specific communications protocol. In an aspect, transceivers 606, 656 can be configured to support multiple operating networks and communications protocols. Thus, for example, transceivers 606, 656 may enable transmission and/or reception of signals based on a specified modem configuration. Data processing component 614 may assume the subsequent communications are to be based on the second TTI based on determining the data at Block 710 is based on the second TTI),
wherein the DCI includes first control information respectively configured for the time domain units and second control information configured for all of the time domain units, and the second control information includes a modulation and coding scheme (MCS) and a frequency resource assignment (see paragraphs [0024], [0083], and [0085], where the DCI can include one or more indicators specifying that the DCI corresponds to scheduling data resources that are based on the second TTI. The DCI may include additional bits to indicate the additional parameters (e.g., the reserved HARQ bits in DCI format 1A in LTE, other bits set specifically for RACH orders in DCI format 1A in LTE, etc.).
In regard claim 15, Chen teaches or discloses the non-transitory computer-readable medium according to claim 14, wherein the contents comprise configuration settings (see paragraphs [0021], [0028], [0053], [0059], and [0060], DCI format 1A is used for random access procedures initiated by a PDCCH order if the CRC of the DCI format 1A is scrambled with a cell RNTI (C-RNTI) and the remaining fields of the DCI are set to certain values (e.g., a localized/distributed virtual resource block (VRB) assignment flag has 1 bit set to ‘0,’ resource block assignment bits set to ‘1,’ a six bit preamble index, a 4 bit physical RACH (PRACH) mask index, and remaining bits for compact scheduling assignment of one PDSCH codeword set to ‘0’)).
Conclusion
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/PHIRIN SAM/Primary Examiner, Art Unit 2476
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