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).
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.
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Claims 1-16 and 19-22 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18, 27, and 29 of copending Application No. 18/994,131 (2026/0019957) (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the reference application recite a specific scenario encompassed by the broader claims of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1, 9, and 19-22 is/are rejected under 35 U.S.C. 102 as being anticipated by Zhang 2025/0184916
As to claim 1, (Original) Zhang discloses A power headroom reporting method based on multi-panel transmission, performed by a terminal device with a plurality of panels, comprising:
in response to the terminal device configuring multiple transmission and reception point (multi-TRP) based uplink simultaneous multi-panel transmission (STxMP) for a physical uplink shared channel (PUSCH) on a first transmission slot corresponding to the PUSCH carrying a medium access control control element (MAC CE) PHR report, or on a slot meeting a timeline requirement, and an actual PUSCH transmission being a transmission from a single panel towards a single TRP, see [0069]: “where the UE supports M-TRP PUSCH repetitions, for PHR reporting under M-TRP PUSCH repetitions, option 4 is supported as the UE optional capability…”, [0076]: “The simultaneous multi-panel uplink transmission for M-TRPs means that the UE uses multiple panels to simultaneously transmit a signal and/or a physical channel to the M-TRPs. For example, the UE uses panel 1 for transmission to TRP1, and simultaneously uses panel 2 for transmission to TRP2.”.
calculating at least one actual power headroom (PH) and reporting a power headroom report (PHR) based on a maximum power configuration of the terminal device (see [0069]: “…Option 4: two PHRs (at least corresponding to a component carrier (CC) that is applied to M-TRP PUSCH repetitions) are calculated, each associated with a first PUSCH transmission occasion for each TRP, and the two PHRs are reported.”, [0070]: “For option 4, when a media access control-control element (MAC-CE) carrying the PHRs is reported in slot n, for a CC that is configured for one M-TRP PUSCH repetition, 1) if the first PHR is an actual PHR and corresponds to one repetition for a specified TRP among the M-TRP PUSCH repetitions, then when the repetition is associated with the other TRP, the second PHR is the actual PHR”, [0078]-[0080]: “ 601, a UE calculates a first PH according to a first transmission power and a maximum transmission power of the UE, and calculates a second PH according to a second transmission power and the maximum transmission power of the UE.”, [0082], [0102]-[0103]: “602, the UE sends control signaling… The control signaling contains the first PH and the second PH”, [0104].
Claim 9 recites a corresponding method to claim 1 by network device.
As to claim 19. (Currently Amended) Zhang discloses A communication terminal device (UE / Fig 10), comprising; a processor (1002); and a memory (1003), storing a computer program executable by the processor as applied above to claim 1.
As to claim 20. (Currently Amended) Zhang discloses A non-transitory computer-readable storage medium (1003) configured to store storing instructions that, when executed by a processor of a terminal device, cause the terminal device to perform the method according to claim 1.
As to claims 21-22. (New) Zhang discloses A network device ([0042]) , inherently comprising (non-transitory computer-readable storage medium – claim 22): a processor; and a memory storing a computer program executable by the processor, wherein the processor is configured to perform the method according to claim 9. See Fig 11.
Claim Rejections - 35 USC § 103
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.
Claim(s) 2-5 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang and GO et al. (2023/0379843) hereinafter “GO”.
As to claim 2. (Currently Amended) Zhang discloses The method according to claim 1, is silent to yet in an analogous art GO discloses wherein the calculating at least one actual power headroom (PH) and reporting the power headroom report (PHR) based on the maximum power configuration of the terminal device comprises at least one of:
in response to the maximum power configuration of the terminal device being a maximum transmission power Pcmax for the terminal device, calculating the at least one actual PH and reporting the PHR based on the Pcmax; (see [0270],[0272],[0275],[0277],[0514],[0525] etc.)
in response to the maximum power configuration of the terminal device being maximum transmission powers Pcmax,p for different panels, calculating the at least one actual PH and reporting the PHR based on a maximum transmission power Pcmax,p corresponding to at least one panel, wherein p is a positive integer less than or equal to N, and N is a number of the panels of the terminal device;
in response to the maximum power configuration of the terminal device being Pcmax and Pcmax,p corresponding to each panel, calculating the at least one actual PH and reporting the PHR jointly based on the Pcmax, the Pcmax,p. Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to modify Zhang wherein the calculating and reporting included in response to the maximum power configuration of the terminal device being a maximum transmission power Pcmax for the terminal device, calculating the at least one actual PH and reporting the PHR based on the Pcmax, as taught by GO for the purpose of MPE conformance.
As to claim 3. (Original) The combination of Zhang and GO provides for the method according to claim 2, wherein Zhang discloses the calculating the at least one actual PH and reporting the PHR based on the Pcmax comprises: calculating the actual PH and reporting an actual PHR of a first panel corresponding to the actual PUSCH transmission based on the Pcmax, a power allocation rule [0051]-[0054]; or calculating the actual PH and reporting an actual PHR of a first panel corresponding to the actual PUSCH transmission based on the Pcmax, a power allocation rule, and calculating a virtual PH and reporting a virtual PHR of another panel based on the Pcmax, the power allocation rule, wherein the actual PHR is associated with a transmission occasion corresponding to the actual PUSCH transmission on the first panel, and the virtual PHR is associated with a transmission occasion corresponding to a PUSCH transmission reference assumption on the another panel. See Zhang [0016],[0070].
4. (Original) The combination of Zhang and GO provides for the method according to claim 2, wherein Zhang discloses the calculating the at least one actual PH and reporting the PHR based on the Pcmax,p corresponding to the at least one panel comprises: calculating the actual PH and reporting an actual PHR of a first panel corresponding to the actual PUSCH transmission based on a first Pcmax,p corresponding to the first panel; or calculating the actual PH and reporting an actual PHR of a first panel based on a first Pcmax,p, and calculating a virtual PH and reporting a virtual PHR of another panel based on a second Pcmax,p corresponding to the another panel, wherein the actual PHR is associated with a transmission occasion corresponding to the actual PUSCH transmission on the first panel, and the virtual PHR is associated with a transmission occasion corresponding to a PUSCH transmission reference assumption on the another panel. See Zhang [0016],[0070], [0051-0054].
5. (Currently Amended) The combination of Zhang and GO provides for the method according to claim 2, wherein Zhang discloses the calculating the at least one actual PH and reporting the PHR jointly based on the Pcmax, the Pcmax,p comprises at least one of: calculating the actual PH and reporting an actual PHR of a first panel corresponding to the actual PUSCH transmission based on the Pcmax; calculating the actual PH and reporting an actual PHR of a first panel corresponding to the actual PUSCH transmission based on a first Pcmax,p corresponding to the first panel; calculating and reporting two actual PHRs of a first panel corresponding to the actual PUSCH transmission based on a first Pcmax,p corresponding to the first panel and the Pcmax; calculating the actual PH and reporting an actual PHR of a first panel corresponding to the actual PUSCH transmission based on the Pcmax, and calculating a virtual PH and reporting a virtual PHR of another panel based on the Pcmax; calculating the actual PH and reporting an actual PHR of a first panel based on a first Pcmax,p, and calculating a virtual PH and reporting a virtual PHR of another panel based on a second Pcmax,p corresponding to the another panel; [[or]] calculating the actual PH and reporting an actual PHR of a first panel based on a first Pcmax,p, calculating the actual PH and reporting another actual PHR of the first panel based on the Pcmax, and calculating a virtual PH and reporting a virtual PHR of another panel based on the Pcmax; calculating and reporting two actual PHRs of a first panel respectively based on a first Pcmax,p corresponding to the first panel and the Pcmax, and calculating and reporting a virtual PHR of another panel based on a second Pcmax,p corresponding to the another panel; calculating the actual PH and reporting an actual PHR of a first panel based on a first Pcmax,p, and calculating and reporting two virtual PHRs of another panel respectively based on a second Pcmax,p corresponding to the another panel and the Pcmax; [[or]] calculating the actual PH and reporting an actual PHR of a first panel based on the Pcmax, and calculating and reporting two virtual PHRs of another panel respectively based on a second Pcmax,p corresponding to the another panel and the Pcmax; [[or]] calculating and reporting one actual PHR of a first panel based on a first Pcmax,p, calculating and reporting one virtual PHR corresponding to another panel based on a second Pcmax,p, and calculating and reporting one PHR corresponding to the terminal device jointly based on the first Pcmax,p, the second Pcmax,p and the Pcmax; [[or]] calculating and reporting two actual PHRs of a first panel respectively based on a first Pcmax,p corresponding to the first panel and the Pcmax, and calculating and reporting two virtual PHRs of another panel respectively based on a second Pcmax,p corresponding to the another panel and the Pcmax; or calculating and reporting two actual PHRs of a first panel respectively based on a first Pcmax,p corresponding to the first panel and the Pcmax, calculating and reporting two virtual PHRs of another panel respectively based on a second Pcmax,p corresponding to the another panel and the Pcmax, and calculating and reporting one PHR corresponding to the terminal device jointly based on the first Pcmax,p, the second Pcmax,p and the Pcmax, wherein the actual PHR is associated with a transmission occasion corresponding to the actual PUSCH transmission on the first panel, and the virtual PHR is associated with a transmission occasion corresponding to a PUSCH transmission reference assumption on the another panel. See Zhang [0016],[0070], [0051-0054].
Claims 10-13 correspond to claims 2-5.
Claim(s) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang and GO as applied to claim 2 above, and further in view of Kang et al. (2022/0217654) hereinafter “Kang”.
6. (Currently Amended) The combination of Zhang and GO provides for the method according to claim 2, is silent to yet in an analogous art Kang discloses wherein in response to the PUSCH being scheduled based on a single downlink control information (DCI), determining a reference format of the virtual PHR based on transmission manners of different panels when one PUSCH is transmitted from the panels in a space division multiplexing (SDM) or frequency division multiplexing (FDM) transmission scheme; or in response to the PUSCH being scheduled based on multi-DCI, determining a reference format of the virtual PHR based on PUSCH transmission manners of different panels when two PUSCHs are transmitted from the panels in an SDM or FDM or time division multiplexing (TDM) transmission scheme. See [0191], [0328], [0342]-[0344], [0365], etc. Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to modify Zhang wherein in response to the PUSCH being scheduled based on a single downlink control information (DCI), determining a reference format of the virtual PHR based on transmission manners of different panels when one PUSCH is transmitted from the panels in a space division multiplexing (SDM) or frequency division multiplexing (FDM) transmission scheme; or in response to the PUSCH being scheduled based on multi-DCI, determining a reference format of the virtual PHR based on PUSCH transmission manners of different panels when two PUSCHs are transmitted from the panels in an SDM or FDM or time division multiplexing (TDM) transmission scheme for the purpose of utilizing known scheduling formats.
Claim 14 corresponds to claim 6.
Claim(s) 7-8 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claim 1 above, and further in view of Lim et al. (2024/0214954) hereinafter “Lim”.
As to claim 7. (Currently Amended) The combination of Zhang provides for the method according to claim 1, is silent to yet in an analogous art Lim discloses receiving indication information transmitted by a network device, wherein the indication information indicates a PHR reporting manner; and calculating and reporting the PHR based on the maximum power configuration of the terminal device and the PHR reporting manner. See [0487]. Before the effective filing date of the instant invention it would have been obvious to one of ordinary skill in the art to receiving indication information transmitted by a network device, wherein the indication information indicates a PHR reporting manner; and calculating and reporting the PHR based on the maximum power configuration of the terminal device and the PHR reporting manner as taught by Lim for the purpose of allowing customization.
As to claim 8. (Original) The combination of Zhang and Lim provides for the method according to claim 7, Zhang discloses wherein the PHR reporting manner comprises any one of: reporting one PHR, reporting two PHRs, reporting three PHRs, reporting four PHRs, or reporting five PHRs. (703, one PHR with 4 PH).
Claims 15-16 correspond to claims 7-8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Matsumura et al. (2025/0301418) provide for a panel based PHR.
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LESTER G. KINCAID
Primary Patent Examiner
Art Unit 2649
/LESTER G KINCAID/Primary Examiner, Art Unit 2649
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