DETAILED ACTION
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 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).
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Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 11,792,724 and claims 1-8 of US 12,207,184 B2 in view of Deng. This being an obvious rejection.
Regarding claim 1, claim 1 of U.S. Patent No. 11,792,724 discloses a base station apparatus comprising:
control circuity, in operation, receives a higher layer signaling for spatial multiplexing; and a transmitter which, in operation, transmits a first downlink data signal and a second downlink data signal respectively over a first downlink channel and a second downlink channel that are at least partially overlapped in time and frequency domain, wherein simultaneous use of the first downlink channel and the second downlink channel is configured by the higher layer signaling.
claim 1 of U.S. Patent No. 11,792,724 does not specifically disclose a base station, utilizing higher layer signaling and overlapping in time.
Deng discloses a base station (Fig. 1A, “114a”), utilizing higher layer signaling (par. [0004], “The resource allocation of the first control channel and/or the second control channel may be received from a network, e.g., via higher layers signaling.”), and overlapping in time (par. [0110], where non-orthogonal multiple access (NOMA) overlaps channels in both frequency and time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Deng’s teachings about disclosing the base station of a wireless communication system, utilizing higher layer signaling and overlapping channels in time with the apparatus disclosed by utilizing non-orthogonal multiple access technology disclosed by claim 1 in U.S. Patent No. 11,792,724 because one of ordinary skill in the art would have recognized that higher layer signaling is utilized in LTE/5G technologies to set/configure protocols, messages and procedures to at least manage resources and allocation of the same; base stations are one of the several elements in wireless communication systems; and the well-known fact where NOMA techniques inherently overlap channels in frequency and time.
Regarding claim 5, claim 5 of U.S. Patent No. 11,792,724 discloses a communication method for a base station apparatus, the communication method comprising: receiving a higher layer signaling for spatial multiplexing; and transmitting a first downlink data signal and a second downlink data signal respectively over a first downlink channel and a second downlink channel that are at least partially overlapped in time and frequency domain, wherein simultaneous use of the first downlink channel and the second downlink channel is configured by the higher layer signaling.
claim 5 of U.S. Patent No. 11,792,724 does not specifically disclose a base station, utilizing higher layer signaling and overlapping in time.
Deng discloses a base station (Fig. 1A, “114a”), utilizing higher layer signaling (par. [0004], “The resource allocation of the first control channel and/or the second control channel may be received from a network, e.g., via higher layers signaling.”), and overlapping in time (par. [0110], where non-orthogonal multiple access (NOMA) overlaps channels in both frequency and time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Deng’s teachings about disclosing the base station of a wireless communication system, utilizing higher layer signaling and overlapping channels in time with the apparatus disclosed by utilizing non-orthogonal multiple access technology disclosed by claim 5 in U.S. Patent No. 11,792,724 because one of ordinary skill in the art would have recognized that higher layer signaling is utilized in LTE/5G technologies to set/configure protocols, messages and procedures to at least manage resources and allocation of the same; base stations are one of the several elements in wireless communication systems; and the well-known fact where NOMA techniques inherently overlap channels in frequency and time.
Claims 2 and 6 in the present application corresponds to respective claims 2 and 6, in U.S. Patent No. 11,792,724.
Claims 3 and 7 in the present application corresponds to claims 3 and 7 in U.S. Patent No. 11,792,724.
Claims 4 and 8 in the present application corresponds to claims 4 and 8 in U.S. Patent No. 11,792,724.
Regarding claim 1, claim 1 of U.S. Patent No. 12,207,184 discloses a base station apparatus comprising:
control circuity, in operation, receives a higher layer signaling for spatial multiplexing; and a transmitter which, in operation, transmits a first downlink data signal and a second downlink data signal respectively over a first downlink channel and a second downlink channel that are at least partially overlapped in time and frequency domain, wherein simultaneous use of the first downlink channel and the second downlink channel is configured by the higher layer signaling.
claim 1 of U.S. Patent No. 12,207,184 B2 does not specifically disclose a base station and utilizing higher layer signaling.
Deng discloses a base station (Fig. 1A, “114a”), utilizing higher layer signaling (par. [0004], “The resource allocation of the first control channel and/or the second control channel may be received from a network, e.g., via higher layers signaling.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Deng’s teachings about disclosing the base station of a wireless communication system and utilizing higher layer signaling with the apparatus disclosed by utilizing non-orthogonal multiple access technology disclosed by claim 1 in U.S. Patent No. 12,207,184 because one of ordinary skill in the art would have recognized that higher layer signaling is utilized in LTE/5G technologies to set/configure protocols, messages and procedures to at least manage resources and allocation of the same and base stations are one of the several elements in wireless communication systems.
Regarding claim 5, claim 5 of U.S. Patent No. 12,207,184 discloses a communication method for a base station apparatus, the communication method comprising: receiving a higher layer signaling for spatial multiplexing; and transmitting a first downlink data signal and a second downlink data signal respectively over a first downlink channel and a second downlink channel that are at least partially overlapped in time and frequency domain, wherein simultaneous use of the first downlink channel and the second downlink channel is configured by the higher layer signaling.
claim 5 of U.S. Patent No. 12,207,184 does not specifically disclose a base station and utilizing higher layer signaling.
Deng discloses a base station (Fig. 1A, “114a”), utilizing higher layer signaling (par. [0004], “The resource allocation of the first control channel and/or the second control channel may be received from a network, e.g., via higher layers signaling.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Deng’s teachings about disclosing the base station of a wireless communication system and utilizing higher layer signaling with the apparatus disclosed by utilizing non-orthogonal multiple access technology disclosed by claim 1 in U.S. Patent No. 12,207,184 because one of ordinary skill in the art would have recognized that higher layer signaling is utilized in LTE/5G technologies to set/configure protocols, messages and procedures to at least manage resources and allocation of the same and base stations are one of the several elements in wireless communication systems.
Claims 2 and 6 in the present application corresponds to respective claims 2 and 6, in U.S. Patent No. 12,207,184.
Claims 3 and 7 in the present application corresponds to claims 3 and 7 in U.S. Patent No. 12,207,184.
Claims 4 and 8 in the present application corresponds to claims 4 and 8 in U.S. Patent No. 12,207,184.
Claim Rejections - 35 USC § 103
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 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over
US 20180014292 A1 (Wang et al., hereinafter Wang) in view of US 20170034812 A1 (Deng et al., hereinafter Deng).
Regarding claim 1, Wang discloses a base station apparatus (Fig. 13, “eNB”) comprising:
control circuity (Fig. 13, “central processing unit 1301”), in operation, receives a [higher layer signaling] for spatial multiplexing (par. [0042], “spatial domain resources”; par. [0062], “non-orthogonal multiple access”. Where both spatial domain technology and “non-orthogonal multiple access” technology use multiplexing. Par. [0064], “indication information” corresponding to signaling information. Note: The specification does not disclose what the “higher layer signaling” is); and
a transmitter (Fig. 13, “transceiver 1303”) which, in operation, transmits a first downlink data signal and a second downlink data signal respectively over a first downlink channel and a second downlink channel that are at least partially overlapped in time and frequency domain (par. [0065], “…the first information may be data in a PDSCH of the UE, and the second information may be data in a PDCCH/ePDCCH of the UE. Or, conversely, the first information may be data in a PDCCH/ePDCCH of the UE, and the second information may be data in a PDSCH of the UE”), wherein simultaneous use of the first downlink channel and the second downlink channel is configured by the [higher layer signaling] (par. [0062], “non-orthogonal multiple access” technique uses multiple users to share the same frequency-time resource block simultaneously by superimposing their respective signals at different power levels).
Although implied, Wang does not specifically disclose utilizing higher layer signaling.
In related art concerning mmW physical layer downlink channel scheduling and control signaling, Deng discloses utilizing higher layer signaling (par. [0004], “The resource allocation of the first control channel and/or the second control channel may be received from a network, e.g., via higher layers signaling.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Deng’s teachings about utilizing higher layer signaling with the apparatus utilizing non-orthogonal multiple access technology disclosed by Wang because one of ordinary skill in the art would have recognized that higher layer signaling is utilized in LTE/5G technologies to set/configure protocols, messages and procedures to at least manage resources and allocation of the same.
Regarding claim 5, Wang discloses a communication method for a base station apparatus (par. [0062], “method based on a non-orthogonal multiple access technology, applicable to an eNB”), the communication method comprising:
receiving a [higher layer] signaling for spatial multiplexing (par. [0042], “spatial domain resources”; par. [0062], “non-orthogonal multiple access”. Where both spatial domain technology and “non-orthogonal multiple access” technology use multiplexing. Par. [0064], “indication information” corresponding to signaling information. Note: The specification does not disclose what the “higher layer signaling” is); and
transmitting a first downlink data signal and a second downlink data signal respectively over a first downlink channel and a second downlink channel that are at least partially overlapped in time and frequency domain, wherein simultaneous use of the first downlink channel and the second downlink channel is configured by the [higher layer] signaling (par. [0065], “…the first information may be data in a PDSCH of the UE, and the second information may be data in a PDCCH/ePDCCH of the UE. Or, conversely, the first information may be data in a PDCCH/ePDCCH of the UE, and the second information may be data in a PDSCH of the UE”), wherein simultaneous use of the first downlink channel and the second downlink channel is configured by the [higher layer signaling] (par. [0062], “non-orthogonal multiple access” technique uses multiple users to share the same frequency-time resource block simultaneously by superimposing their respective signals at different power levels).
Although implied, Wang does not specifically disclose utilizing higher layer signaling.
Deng discloses utilizing higher layer signaling (par. [0004], “The resource allocation of the first control channel and/or the second control channel may be received from a network, e.g., via higher layers signaling.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Deng’s teachings about utilizing higher layer signaling with the apparatus utilizing non-orthogonal multiple access technology disclosed by Wang because one of ordinary skill in the art would have recognized that higher layer signaling is utilized in LTE/5G technologies to set/configure protocols, messages and procedures to at least manage resources and allocation of the same.
Regarding claims 2 and 6, Wang and Deng disclose all the limitations of claims 1 and 5, respectively. Wang further discloses wherein a first communication scheme used for transmission of the first downlink data signal is same as a second communication scheme used for transmission of the second downlink data signal (par. [0003], “…transmitted in the same resources… data overlapped on the same resources and modulation coding schemes”; par. [0049]).
Regarding claims 3 and 7, Wang and Deng disclose all the limitations of claims 1 and 5, respectively. Wang further discloses wherein the first downlink data signal and the second downlink data signal include a same data signal (par. [0044], “first information and the second information of the UE may be data in a PDCCH/ePDCCH of the UE and data in a PDSCH of the UE, respectively”, where data of the UE is transmitted using PDSCH and PDCCH/ePDCCH, corresponding to the “same data”).
Regarding claims 4 and 8, Wang and Deng disclose all the limitations of claims 1 and 5, respectively. Wang further discloses wherein the transmitter, in operation, transmits a control signal that indicates scheduling information for the first downlink data signal and the second downlink data signal (par. [0076], “Semi-persistent Scheduling-Radio Network Temporary identifier (SPS-RNTI)” reads on scheduling data).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20170208552 A1 relates to base station and user device.
US 20150312074 A1 relates to non-orthogonal multiple access (NOMA) wireless systems and methods.
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/ANGELICA M PEREZ/ Primary Examiner, Art Unit 2649
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