CTNF 19/033,823 CTNF 74795 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claims 1 to 30 are presented for examination. Information Disclosure Statement The references listed in the information disclosure statement submitted on 2-5, 3-17, 5-9, 6-27, 8-7 and 11-4-2025 and 1-27-2026 have been considered by the examiner (see attached PTO-1449). Specification 07-29 AIA The disclosure is objected to because of the following informalities: please correct “connunicate” recited on line 3, paragraph 4. The word “connunication” is recited multiple times throughout the specification (see par. 0005 and 0006) . Appropriate correction is required. 06-31 AIA The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1 to 2,9 to 10, 17 to 18, 25 and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 7 of U.S. Patent No. 12, 640, 842 B2 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are an obvious variation of the patent claim. claims 1 and 2 recites similar limitations to claims 1 of U.S. Patent No. 12,640,842 which includes the same claim scope. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the limitations of claim 1 of the US patent 12,640,842 such that the steps of selecting a base graph would comprise the steps of selecting from a first base graph and second base graph as well as, having a second resource allocation and a second MCS since, Patel teaches that in the art of wireless communication, to employ multiple access technologies adopted in various telecommunication standards enables different wireless devices to communicate on a municipal, national, regional, and global level. This modification would have been obvious because a person of ordinary skill in the art would have been motivated to employ a method and an apparatus for adapting various technologies according to the telecommunication standards to achieve communication on a national, regional and global levels as taught by Patel (see par. 0004) . Claims 9 and 10 are similar to claims 1 and 2 and are also rejected for the same rational applied to claims 1 and 2. Claims 17 to 18 and 25 to 26 are similar to claim 1 except for the memory configured to store computer executable code; and one or more processors coupled with the memory, thus they are an obvious variation of claim 1 and are rejected for obvious type double patenting rejection over US patent 12,640,842 and for the same rational applied to claim 1. The table below shows the similarities and differences between claim 1 of the instant application and claim 1 of the patent. US 12,640,842 Instant application 19/033,823 1 . A method in a user equipment (UE), the method comprising: 1. A method for wireless communications by a user equipment (UE), the method comprising: receiving control information indicating a modulation and coding scheme (MCS) and a resource allocation (RA) for reception of a codeword; receiving control information indicating a first modulation and coding scheme (MCS) and a first resource allocation for reception of a codeword; determining a code rate based on the MCS; determining a transport block size (TBS) based on the first MCS and the first resource allocation; and selecting a first base graph (BG) from which to derive a low-density parity check (LDPC) code for use in decoding the codeword for an original transmission, wherein the selecting is based on the code rate and the RA; selecting a first base graph, from a set of base graphs including the first base graph and a second base graph, from which to derive a low-density parity check (LDPC) code for use in decoding the codeword for an original transmission, wherein the selecting is based on the TBS. receiving a retransmission of the codeword; selecting a second BG for use in decoding the retransmission based at least on a second code rate, wherein the second code rate is restricted; 2. The method of claim 1, further comprising : receiving a retransmission of the codeword associated with a second MCS and a second resource allocation, the second MCS and the second resource allocation associated with the TBS ; selecting, based on the TBS, the first base graph for use in decoding the retransmission of the codeword; and decoding the retransmission based on the second BG. and decoding the retransmission of the codeword based on the first base graph . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 3 to 8, 11 to 16, 19 to 24 and 27 to 30 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 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhang et al. US 11190211) teaches using a base graph to generate low-density parity check code. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHELLY A CHASE whose telephone number is (571)272-3816. The examiner can normally be reached Mon-Thu 8:00-5:30, 2nd Friday 8:00-4:30. 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, Albert Decady can be reached at 571-272 3819. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Shelly A Chase/Primary Examiner, Art Unit 2112 Application/Control Number: 19/033,823 Page 2 Art Unit: 2112 Application/Control Number: 19/033,823 Page 3 Art Unit: 2112 Application/Control Number: 19/033,823 Page 4 Art Unit: 2112 Application/Control Number: 19/033,823 Page 5 Art Unit: 2112 Application/Control Number: 19/033,823 Page 6 Art Unit: 2112 Application/Control Number: 19/033,823 Page 7 Art Unit: 2112 Application/Control Number: 19/033,823 Page 8 Art Unit: 2112 Application/Control Number: 19/033,823 Page 9 Art Unit: 2112 Application/Control Number: 19/033,823 Page 10 Art Unit: 2112
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