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 .
DETAILED ACTION
Claims 21-40 received on 4/17/2026 have been examined, of which claims 21, 29 and 35 are independent.
Drawings
The drawings are objected to because fig 6b and 9 do not appear to be clear or visible about words/description within the blocks. The last three columns in fig 6B are unclear and the bottom line of the table is not visible. The mini-slot # x reference labeling in fig 9 appears to be incomplete. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Double Patenting
Claims 21, 23-29, 31-34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-9, 11-13 of U.S. Patent No. 12213129 (parent application # 17429826). Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 1 of instant application anticipates the limitations of claim 21, and additionally recites slot format configuration information limitation. Claims 23-29, 31-34 are anticipated or substantially similar to the corresponding claims of the patent.
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.
Claim Rejections - 35 USC § 112
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.
Claims 22, 24, 30, 32, 35-40 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.
Claims 22 and 30 recite limitations of “skipping the at least one unavailable block group”, preceded by “sending the PUSCH transmission using identified uplink symbol” and “identifying the identified uplink symbol is associated with at least one unavailable resource block group”. It is unclear how the transmission of PUSCH (one transmission) on the identified uplink symbol is sent and also skipped when the unavailable resource block group is skipped.
Claims 24, 32 and 38 recite “the flexible symbols available for uplink”, preceded by “flexible symbols in a plurality of symbols” and “flexible symbols that are available for uplink”. It is unclear if two prior recitations refer to same symbols or which recitation is further limited.
Claim 35 recites “send the PUSCH transmission using the available uplink symbols and avoiding the unavailable resource block groups in the available uplink symbols”. It is unclear if “avoiding” is related to the PUSCH transmission not being sent or WTRU configured to avoid the symbol for any transmissions. Dependent claims are rejected for same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et al. (US 20180367289): fig 57; abstract: TDD configuration may be dynamically and/or semi-statically signaled to user equipment devices by a base station. Semi-static TDD configuration may include: an initial portion for downlink transmission; a flexible portion; and a terminal portion for uplink transmission. TDD structure of the flexible portion may be determined later by transmission of dynamic physical layer configuration information such as downlink control information (DCI) and/or slot format indicator (SFI). (The SFI may be included in a group common PDCCH of a slot.) The downlink portion and/or the uplink portion may include subsets whose nominal transmit direction is subject to override by transmission of dynamic physical layer configuration information.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RINA C PANCHOLI whose telephone number is (571)272-2679. The examiner can normally be reached M-F 7:30am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag Shah can be reached on 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RINA C PANCHOLI/Primary Examiner, Art Unit 2477 9/17/2026
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