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 .
Information Disclosure Statement
The information disclosure statement filed on 01/09/2025 has been considered and placed of record in the file.
Oath/Declaration
The Oath or Declaration is being considered by examiner and complies with PTO requirements.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 30 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 30 recites the method steps performed at a first wireless device; however, according to the Specification ¶ [0119-0124] and FIG. 10, in which discloses a flowchart of a method steps performed by a first wireless device; those method steps in the Specification are not the same as what being written in the claim. For example, at step 1020, the first wireless device may transmit, to the network entity via the primary cell, a capability indication associated with the first wireless device. Nevertheless, the claim recites “receiving, from the first sub-THz repeater via the primary cell, a capability indication related to a sub-THz band”. The Specification clearly indicates the transmission of the capability indication, which is totally opposite from what is being claimed as “receiving the capability indication”. Similarly with the next step, the Specification recites receiving an activation for sub-THz communication in step 1030; but the claim recites transmitting an activation for a sub-THz communication. Therefore, claim 30 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement.
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).
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.
Claims 1 and 14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14 and 26-28 of copending Application No. 18/881,202 in view of Babaei US 2022/0294581; and further in view Dalsgaard et al. US 2023/0268979.
Patent Application 18/992,957
Co-pending Patent Application 18/881,202
Claim 1: An apparatus for wireless communication at a first wireless device, comprising:
a memory; and
at least one processor coupled to the memory and, based at least in part on information stored in the memory, the at least one processor is configured to:
establish a first communication with a network entity on a primary cell;
transmit, to the network entity via the primary cell, a capability indication associated with the first wireless device;
receive, from the network entity based on the capability indication via the primary cell, an activation for a sub-Terahertz (THz) communication associated with a user equipment (UE) and a configuration of a synchronization and beam management session for the first wireless device, the sub-THz communication being on a first frequency range that does not include a second frequency of the first communication; and
communicate, with the UE and the network entity via the sub-THz communication, at least one data channel transmission.
Claim 14: An apparatus for wireless communication at a first wireless device, comprising:
a memory; and
at least one processor coupled to the memory and, based at least in part on information stored in the memory, the at least one processor is configured to:
establish a first communication with a network entity on a primary cell;
receive, from the network entity, an activation for a sub-Terahertz (THz) repeating operation for the wireless device,
the sub-THz repeating operation being on a first frequency range that does not include a second frequency of the first communication; and
amplify and forward at least one data channel transmission as part of the sub-THz repeating operation.
Claim 14: wherein the first wireless device has a direct link with the network entity, a direct link with the UE, or two direct links with two different wireless devices.
Claim 26: The apparatus of claim 14, wherein the first wireless device is a sub-THz repeater with a direct link to the network entity.
Claim 27: The apparatus of claim 14, wherein the first wireless device is a sub-THz repeater with a direct link to a user equipment (UE).
Claim 28: The apparatus of claim 14, wherein the first wireless device is a second sub-THz repeater with a direct link to a first sub-THz repeater and a third sub-THz repeater.
However Co-pending Patent Application 18/881,202 does not explicitly disclose receive, from the network entity based on the capability indication via the primary cell, receive a configuration of a synchronization and beam management session for the first wireless device.
Babaei teaches receive, from the network entity based on the capability indication via the primary cell (see ¶ [0273], wherein a wireless device may be capable of monitoring PDCCH on the primary cell and the sSCell in the same timing/slot and may indicate this capability to the base station by transmitting a capability message comprising one or more capability IE). Babaei further discloses enhancing processes associated with scheduling of primary cell from a scheduling secondary cell (see ¶ [0054]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the invention of Co-pending Patent Application 18/881,202, and to include receive, from the network entity based on the capability indication via the primary cell, as taught by Babaei for the purpose of enhancing processes associated with scheduling of primary cell from a scheduling secondary cell.
However, Co-pending Patent Application 18/881,202 and Babaei do not explicitly disclose receive a configuration of a synchronization and beam management session for the first wireless device. Dalsgaard teaches receive a configuration of a synchronization and beam management session for the first wireless device (see ¶ [0052], wherein the method includes receiving, from a network element, a configuration for beam management on synchronization blocks). Dalsgaard further discloses enhancing beam switching (see ¶ [0002]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the invention of Co-pending Patent Application 18/881,202 and Babaei, and to include receive a configuration of a synchronization and beam management session for the first wireless device, as taught by Dalsgaard for the purpose of enhancing beam switching.
This is a provisional nonstatutory double patenting rejection.
Claims 15 and 26-30 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6, and 29 of copending Application No. 18/881,202 in view of Dalsgaard et al. US 2023/0268979.
Patent Application #18/992,957
Co-pending Application #18/881,202
Claim 15: An apparatus for wireless communication at a network entity, comprising:
a memory; and
at least one processor coupled to the memory and, based at least in part on information stored in the memory, the at least one processor is configured to:
establish a first communication with a user equipment (UE) and a first sub- Terahertz (THz) repeater on a primary cell;
receive, from the first sub-THz repeater via the primary cell, a capability indication related to a sub-THz band;
transmit an activation for a sub-THz communication for the UE, the sub- THz communication being on a first frequency range that does not include a second frequency of the first communication;
transmit, for the first sub-THz repeater based on the capability indication via the primary cell, the activation for the sub-THz communication and at least one configuration of a synchronization and beam management session for the first sub-THz repeater;
communicate, via the primary cell, scheduling information for at least one data channel transmission over the sub-THz band for the UE; and
communicate, via the first sub-THz repeater and the sub-THz communication, the at least one data channel transmission for the UE.
Claim 1: An apparatus for wireless communication at a network entity, comprising:
a memory; and
at least one processor coupled to the memory and, based at least in part on information stored in the memory, the at least one processor is configured to:
establish a first communication with a user equipment (UE) and at least one sub-Terahertz (THz) repeater on a primary cell;
receive a UE capability indication from the UE and at least one repeater capability indication from the at least one sub-THz repeater, the UE capability indication representing a capability for sub-THz communication associated with the UE, the at least one repeater capability indication representing at least one capability for the sub-THz communication associated with the at least one sub-THz repeater, the sub-THz communication being on a first frequency range that does not include a second frequency of the first communication, the second frequency being lower than the first frequency range;
transmit an activation for the sub-THz communication for the UE; transmit, for each repeater of the at least one sub-THz repeater, the activation for the sub-THz communication;
communicate, via the primary cell, scheduling information for at least one data channel transmission; and
communicate, via the at least one sub-THz repeater and the sub-THz communication, the at least one data channel transmission.
Claim 26: The apparatus of claim 15, wherein the capability indication is included in control information signaled over the primary cell.
Claim 2: The apparatus of claim 1, wherein the at least one processor is further configured to: communicate, with the at least one repeater over the primary cell, control information associated with the sub-THz communication.
Claim 27: The apparatus of claim 26, and wherein the control information further comprises at least one of:
a radio resource control (RRC) configuration determined by the network entity at least in part on the capability indication, or repeater location information associated with the first sub-THz repeater.
Claim 3: The apparatus of claim 2, wherein the control information comprises at least one of: capability information for a sub-THz band for the at least one sub-THz repeater,
a radio resource control (RRC) configuration for the at least one sub-THz repeater based on the respective capability information for repeating operation for the sub-THz communication over sub-THz, repeater location information associated with the at least one sub-THz repeater, or the activation for the sub-THz communication or a deactivation for the sub-THz communication for the at least one sub-THz repeater.
Claim 28: The apparatus of claim 15, wherein the first sub-THz repeater has a direct link with the network entity, a direct link with the UE, or two direct links with two different wireless devices.
Claim 6: The apparatus of claim 1, wherein the at least one sub-THz repeater comprises a first sub-THz repeater and a second sub-THz repeater, the first sub-THz repeater having a direct link with the network entity.
Claim 29: A method of wireless communication at a network entity, comprising:
establishing a first communication with a user equipment (UE)on a primary cell;
receiving, from a first sub-Terahertz (THz) repeater via the primary cell, a capability indication;
transmitting an activation for a sub-THz communication for the UE, the sub-THz communication being on a first frequency range that does not include a second frequency of the first communication;
transmitting, for the first sub-THz repeater via the primary cell, the activation for the sub-THz communication and at least one configuration of synchronization and beam management session for the at least one sub-THz repeater;
communicating, via the primary cell, scheduling information for at least one data channel transmission; and
communicating, via the first sub-THz repeater and the sub-THz communication, the at least one data channel transmission.
Claim 29: A method of wireless communication at a network entity, comprising:
establishing a first communication with a user equipment (UE) and at least one sub-Terahertz (THz) repeater on a primary cell;
receiving a UE capability indication from the UE and at least one repeater capability indication from the at least one sub-THz repeater, the UE capability indication representing a capability for sub-THz communication associated with the UE, the at least one repeater capability indication representing at least one capability for the sub-THz communication associated with the at least one sub-THz repeater, the sub-THz communication being on a first frequency range that does not include a second frequency of the first communication, the second frequency being lower than the first frequency range;
transmitting an activation for the sub-THz communication for the UE;
transmitting, for each repeater of the at least one sub-THz repeater, the activation for the sub-THz communication;
communicating, via the primary cell, scheduling information for at least one data channel transmission; and communicating, via the at least one sub-THz repeater and the sub-THz communication, the at least one data channel transmission.
Claim 30: A method of wireless communication at a first wireless device, comprising:
establishing a first communication with a user equipment (UE) and a first sub- Terahertz (THz) repeater on a primary cell;
receiving, from the first sub-THz repeater via the primary cell, a capability indication related to a sub-THz band;
transmitting an activation for a sub-THz communication for the UE, the sub-THz communication being on a first frequency range that does not include a second frequency of the first communication;
transmitting, for the first sub-THz repeater based on the capability indication via the primary cell, the activation for the sub-THz communication and at least one configuration of synchronization and beam management session for the first sub-THz repeater;
communicating, via the primary cell, scheduling information for at least one data channel transmission over the sub-THz band for the UE; and communicating, via the first sub-THz repeater and the sub-THz communication, the at least one data channel transmission for the UE.
Claim 29: A method of wireless communication at a network entity, comprising:
establishing a first communication with a user equipment (UE) and at least one sub-Terahertz (THz) repeater on a primary cell;
receiving a UE capability indication from the UE and at least one repeater capability indication from the at least one sub-THz repeater, the UE capability indication representing a capability for sub-THz communication associated with the UE, the at least one repeater capability indication representing at least one capability for the sub-THz communication associated with the at least one sub-THz repeater, the sub-THz communication being on a first frequency range that does not include a second frequency of the first communication, the second frequency being lower than the first frequency range;
transmitting an activation for the sub-THz communication for the UE;
transmitting, for each repeater of the at least one sub-THz repeater, the activation for the sub-THz communication;
communicating, via the primary cell, scheduling information for at least one data channel transmission; and
communicating, via the at least one sub-THz repeater and the sub-THz communication, the at least one data channel transmission.
However, Co-pending Patent Application 18/881,202 do not explicitly disclose transmitting at least one configuration of a synchronization and beam management session for the first wireless device. Dalsgaard teaches receive a configuration of a synchronization and beam management session for the first sub-THz repeater (see ¶ [0052], wherein the method includes receiving, from a network element, a configuration for beam management on synchronization blocks). Dalsgaard further discloses enhancing beam switching (see ¶ [0002]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the invention of Co-pending Patent Application 18/881,202, and to include transmitting at least one configuration of a synchronization and beam management session for the first wireless device, as taught by Dalsgaard for the purpose of enhancing beam switching.
This is a provisional nonstatutory double patenting rejection.
Allowable Subject Matter
Claims 2-13 and 16-25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Okamura et al. US 2026/0113726; Hwang et al. US 2025/0337507; Tian et al. US 2025/0175374; and Paz et al. US 2024/0008042.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANICE N TIEU whose telephone number is (571)270-1888. The examiner can normally be reached Monday-Friday 9:00-5:30.
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 Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sam Ahn can be reached at (571) 272-3044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JANICE N TIEU/Primary Examiner, Art Unit 2633
Prosecution Insights