DETAILED ACTION
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 statements (IDSs) submitted on 3/04/2026, 4/08/2026, and 8/26/2026 have been entered and considered by the examiner.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of Pat.No. 12225528. Although the claims at issue are not identical, they are not patentably distinct from each other. Please see the direct claim comparison below.
Instant Application Claims 1 and 2
Issued Patent US 12225528 (claims 1, 3, and 4)
A method performed by a user equipment (UE) in a wireless communication system, the method comprising:
A method for receiving physical downlink control channels (PDCCHs), the method comprising:
receiving, from a base station, configuration information on a value a; receiving, from the base station, information configuring (i) a scheduling on a primary cell from the primary cell and (ii) a scheduling on the primary cell from a secondary cell; and
receiving information for scheduling on a primary cell from the primary cell and from a secondary cell; Claim 3: wherein: the first number of PDCCH candidates is associated with a scaling factor α and the first number of non-overlapping CCEs is associated with the scaling factor α, and
the scaling factor α is provided by higher layer signaling
monitoring, for scheduling on the primary cell from the primary cell, a physical downlink control channel (PDCCH) candidate, wherein a number of the PDCCH candidate to be monitored per slot does not exceed a first number or a number of a non-overlapping control channel elements (CCEs) to be monitored per slot does not exceed a second number,
identifying a number of PDCCH candidates on the primary cell in a slot and a number of non-overlapping control channel elements (CCEs) on the primary cell in the slot based on the information;
monitoring, for scheduling on the primary cell from the primary cell, a physical downlink control channel (PDCCH) candidate, wherein a number of the PDCCH candidate to be monitored per slot does not exceed a first number or a number of a non-overlapping control channel elements (CCEs) to be monitored per slot does not exceed a second number,
identifying, for scheduling on the primary cell from the primary cell, that at least one of: the number of PDCCH candidates exceeds a first number of PDCCH candidates, and the number of non-overlapping CCEs exceeds a first number of non-overlapping CCEs;
Claim 2: wherein the first SCS for the primary cell is smaller than or equal to a second SCS for the secondary cell
canceling PDCCH receptions corresponding to UE-specific search space (USS) sets for scheduling on the primary cell from the primary cell; and
receiving all PDCCHs for scheduling on the primary cell from the secondary cell,
wherein PDCCH candidates on the primary cell are with a first subcarrier spacing (SCS) configuration,
wherein PDCCH candidates on the secondary cell are with a second SCS configuration, and
wherein the slot corresponds to a smaller of the first SCS and the second SCS.
wherein the value a is multiplied to a minimum value between a maximum number of PDCCH candidates in slot for a first subcarrier spacing (SCS) and a total number of PDCCH candidates in slot for the first SCS, for the first number, and wherein the value a is multiplied to a minimum value between a maximum number of non-overlapping CCEs in slot for the first SCS and a total number of non-overlapping CCEs in slot for the first SCS, for the second number.
Claim 4: wherein:
the first number of PDCCH candidates is equal toα·min(M PDCCH total,slot,μ1 ,M PDCCH max,slot,μ1),
the first number of non-overlapping CCEs is equal to
α·min(C PDCCH total,slot,μ1 ,C PDCCH max,slot,μ1),
MPDCCH total, slot, μ1 and CPDCCH total, slot, μ1 are, respectively, a total number of PDCCH candidates and a total number of non-overlapping CCEs in a slot on the primary cell
As can be seen from the direct claim comparison above, instant application claims 1 and 2 are merely a variation of Pat. No. 12225528 claims 1, 3, and 4 where the instant application uses word to describe the equation recited in claim 4. Therefore, this is clearly an obvious type non-statutory double patenting issue.
Allowable Subject Matter
Claims 1-9 are allowable except for the Double Patenting rejections, as shown above. It is suggested that Applicant file an eTerminal Disclaimer so that a Notice of Allowance may be issue.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENT KRUEGER whose telephone number is (303)297-4238. The examiner can normally be reached on M-F 8:00-5:00 MT.
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/KENT KRUEGER/Primary Examiner, Art Unit 2474
