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 .
No IDS has been has been submitted by applicant for consideration.
The specification and drawings have been accepted 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 obviousness-type 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); 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 12225459 B2, respectively.
The table below shows a direct comparison and mapping of the claims of the instant application and claims of the Patent.
Claims of Instant Application:
1.A method comprising:
receiving, by a base station from a wireless device,
one or more first radio resource control (RRC) messages comprising wireless device capability information comprising one or more maximum numbers of multiple-input multiple-output (MIMO) layers for reception of a physical downlink shared channel (PDSCH), of a cell, scheduled by downlink control information (DCI) from each transmit/receive point (TRP) of a plurality of TRPs of the cell;
transmitting, to the wireless device, one or more second RRC messages comprising one or more parameters indicating a first number of MIMO layers, for a first TRP of the plurality of TRPs of the cell, wherein the first number of MIMO layers is equal to or less than a first maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the first TRP; and
transmitting, to the wireless device, one or more transport blocks with a second number of MIMO layers,wherein the second number is equal to or less than the first number.
2. The method of claim 1, further comprising transmitting, to the wireless device, a first DCI via a control resource set associated with the first TRP, wherein:the first DCI schedules the one or more transport blocks; andthe control resource set associated with the first TRP is different from a second control resource set associated with a second TRP of the plurality of TRPs.
3. The method of claim 2, further comprising transmitting, to the wireless device, the first DCI via the control resource set associated with the first TRP, wherein the first DCI comprises a DCI field indicating the second number.
4. The method of claim 1, wherein:the one or more parameters further indicate a third number of MIMO layers, for a second TRP of the plurality of TRPs of the cell; andthe third number is equal to or less than a second maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the second TRP.
5. The method of claim 4, wherein the third number is different from the first number.
6. The method of claim 4, further comprising transmitting, to the wireless device, one or more second transport blocks with a fourth number of MIMO layers, wherein the fourth number is equal to or less than the third number.
7. The method of claim 6, further comprising transmitting, to the wireless device, a second DCI via a control resource set associated with the second TRP, wherein the second DCI schedules the one or more second transport blocks.
8. A base station comprising:one or more processors; andmemory storing instructions that, when executed by the one or more processors, causes the base station to:
receive, from a wireless device, one or more first radio resource control (RRC) messages comprising wireless device capability information comprising one or more maximum numbers of multiple-input multiple- output (MIMO) layers for reception of a physical downlink shared channel (PDSCH), of a cell, scheduled by downlink control information (DCI) from each transmit/receive point (TRP) of a plurality of TRPs of the cell;
transmit, to the wireless device, one or more second RRC messages comprising one or more parameters indicating a first number of MIMO layers, for a first TRP of the plurality of TRPs of the cell, wherein the first number of MIMO layers is equal to or less than a first maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the first TRP; and
transmit, to the wireless device, one or more transport blocks with a second number of MIMO layers, wherein the second number is equal to or less than the first number.
9. The base station of claim 8, wherein:the instructions further cause the base station to transmit, to the wireless device, a first DCI via a control resource set associated with the first TRP;the first DCI schedules the one or more transport blocks; andthe control resource set associated with the first TRP is different from a second control resource set associated with a second TRP of the plurality of TRPs.
10. The base station of claim 9, wherein:the instructions further cause the base station to transmit, to the wireless device, the first DCI via the control resource set associated with the first TRP; andthe first DCI comprises a DCI field indicating the second number.
11. The base station of claim 8, wherein:the one or more parameters further indicate a third number of MIMO layers, for a second TRP of the plurality of TRPs of the cell; andthe third number is equal to or less than a second maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the second TRP.
12. The base station of claim 11, wherein the third number is different from the first number.
13. The base station of claim 11, wherein the instructions further cause the base station to transmit, to the wireless device, one or more second transport blocks with a fourth number of MIMO layers, wherein the fourth number is equal to or less than the third number.
14. The base station of claim 13, wherein the instructions further cause the base station to transmit, to the wireless device, a second DCI via a control resource set associated with the second TRP, wherein the second DCI schedules the one or more second transport blocks.
15. A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station, cause the base station to:
receive, from a wireless device, one or more first radio resource control (RRC) messages comprising wireless device capability information comprising one or more maximum numbers of multiple-input multiple-output (MIMO) layers for reception of a physical downlink shared channel (PDSCH), of a cell, scheduled by downlink control information (DCI) from each transmit/receive point (TRP) of a plurality of TRPs of the cell;
transmit, to the wireless device, one or more second RRC messages comprising one or more parameters indicating a first number of MIMO layers, for a first TRP of the plurality of TRPs of the cell, wherein the first number of MIMO layers is equal to or less than a first maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the first TRP; and
transmit, to the wireless device, one or more transport blocks with a second number of MIMO layers, wherein the second number is equal to or less than the first number.
16. The non-transitory computer-readable medium of claim 15, wherein:the instructions further cause the base station to transmit, to the wireless device, a first DCI via a control resource set associated with the first TRP;the first DCI schedules the one or more transport blocks; andthe control resource set associated with the first TRP is different from a second control resource set associated with a second TRP of the plurality of TRPs.
17. The non-transitory computer-readable medium of claim 16, wherein:the instructions further cause the base station to transmit, to the wireless device, the first DCI via the control resource set associated with the first TRP; andthe first DCI comprises a DCI field indicating the second number.
18. The non-transitory computer-readable medium of claim 15, wherein:the one or more parameters further indicate a third number of MIMO layers, for the second TRP of the plurality of TRPs of the cell; andthe third number is equal to or less than a second maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the second TRP.
19. The non-transitory computer-readable medium of claim 18, wherein the third number is different from the first number.
20. The non-transitory computer-readable medium of claim 18, wherein the instructions further cause the base station to transmit, to the wireless device, one or more second transport blocks with a fourth number of MIMO layers, wherein the fourth number is equal to or less than the third number
Claims of Patent NO. 12225459
1.A method comprising:
transmitting, by a wireless device to a base station,
one or more first radio resource control (RRC) messages comprising wireless device capability information comprising one or more maximum numbers of multiple-input multiple-output (MIMO) layers for reception of a physical downlink shared channel (PDSCH), of a cell, scheduled by downlink control information (DCI) from each transmit/receive point (TRP) of a plurality of TRPs of the cell;
receiving, from the base station, one or more second RRC messages comprising one or more parameters indicating a first number of MIMO layers, for a first TRP of the plurality of TRPs of the cell, wherein the first number of MIMO layers is equal to or less than a first maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the first TRP; and
receiving, from the base station, one or more transport blocks with a second number of MIMO layers, wherein the second number is equal to or less than the first number.
2. The method of claim 1, wherein: the one or more transport blocks are scheduled by a first DCI via a control resource set associated with the first TRP; and the control resource set associated with the first TRP is different from a second control resource set associated with a second TRP of the plurality of TRPs.
3. The method of claim 2, wherein: the wireless device receives the first DCI via the control resource set associated with the first TRP; and the first DCI comprises a DCI field indicating the second number.
4. The method of claim 1, wherein: the one or more parameters further indicate a third number of MIMO layers, for a second TRP of the plurality of TRPs of the cell; and the third number is equal to or less than a second maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the second TRP.
5. The method of claim 4, wherein the third number is different from the first number.
6. The method of claim 4, further comprising receiving one or more second transport blocks with a fourth number of MIMO layers, wherein the fourth number is equal to or less than the third number.
7. The method of claim 6, wherein the one or more second transport blocks are scheduled by a second DCI via a control resource set associated with the second TRP.
8. A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, causes the wireless device to:
transmit, to a base station, one or more first radio resource control (RRC) messages comprising wireless device capability information comprising one or more maximum numbers of multiple-input multiple-output (MIMO) layers for reception of a physical downlink shared channel (PDSCH), of a cell, scheduled by downlink control information (DCI) from each transmit/receive point (TRP) of a plurality of TRPs of the cell;
receive, from the base station, one or more second RRC messages comprising one or more parameters indicating a first number of MIMO layers, for a first TRP of the plurality of TRPs of the cell, wherein the first number of MIMO layers is equal to or less than a first maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the first TRP; and
receive, from the base station, one or more transport blocks with a second number of MIMO layers, wherein the second number is equal to or less than the first number.
9. The wireless device of claim 8, wherein: the one or more transport blocks are scheduled by a first DCI via a control resource set associated with the first TRP; and the control resource set associated with the first TRP is different from a second control resource set associated with a second TRP of the plurality of TRPs.
10. The wireless device of claim 9, wherein: the wireless device receives the first DCI via the control resource set associated with the first TRP; and the first DCI comprises a DCI field indicating the second number.
11. The wireless device of claim 8, wherein: the one or more parameters further indicate a third number of MIMO layers, for a second TRP of the plurality of TRPs of the cell; and the third number is equal to or less than a second maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the second TRP.
12. The wireless device of claim 11, wherein the third number is different from the first number.
13. The wireless device of claim 11, wherein: the instructions further cause the wireless device to receive one or more second transport blocks with a fourth number of MIMO layers; and the fourth number is equal to or less than the third number.
14. The wireless device of claim 13, wherein the one or more second transport blocks are scheduled by a second DCI via a control resource set associated with the second TRP.
15. A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a wireless device, cause the wireless device to:
transmit, to a base station, one or more first radio resource control (RRC) messages comprising wireless device capability information comprising one or more maximum numbers of multiple-input multiple-output (MIMO) layers for reception of a physical downlink shared channel (PDSCH), of a cell, scheduled by downlink control information (DCI) from each transmit/receive point (TRP) of a plurality of TRPs of the cell;
receive, from the base station, one or more second RRC messages comprising one or more parameters indicating a first number of MIMO layers, for a first TRP of the plurality of TRPs of the cell, wherein the first number of MIMO layers is equal to or less than a first maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the first TRP; and
receive, from the base station, one or more transport blocks with a second number of MIMO layers, wherein the second number is equal to or less than the first number.
16. The non-transitory computer-readable medium of claim 15, wherein: the one or more transport blocks are scheduled by a first DCI via a control resource set associated with the first TRP; and the control resource set associated with the first TRP is different from a second control resource set associated with a second TRP of the plurality of TRPs.
17. The non-transitory computer-readable medium of claim 16, wherein: the wireless device receives the first DCI via the control resource set associated with the first TRP; and the first DCI comprises a DCI field indicating the second number.
18. The non-transitory computer-readable medium of claim 15, wherein: the one or more parameters further indicate a third number of MIMO layers, for a second TRP of the plurality of TRPs of the cell; and the third number is equal to or less than a second maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the second TRP.
19. The non-transitory computer-readable medium of claim 18, wherein the third number is different from the first number.
20. The non-transitory computer-readable medium of claim 18, wherein: the instructions further cause the wireless device to receive one or more second transport blocks with a fourth number of MIMO layers; and the fourth number is equal to or less than the third number.
The table shows that every transmitting of a limitation by the base station to a wireless device of the instant claim corresponds to a receiving by the wireless device from the base station of patent claims of that same limitation. Also, every receiving limitation by the base station of the instant claim corresponds to a transmitting by the wireless device of patent claims of that same limitation.
For convenience, limitations of the instant application that corresponds explicitly to the limitations of the Patent claims are underlined (in the independent claims), and the limitations are obvious word variations are bolded in the independent claims.
Both claims of the instant application and claims of Patent NO. 12225459 are directed to the same subject matter. Every claim limitation of the instant application is found explicitly or implicitly in the patent claims. The only difference between the claims of the instant application and claims of Patent NO. 12225459 is that claims of the instant application are directed to a base station communicating with a base station while claims of Patent are directed to a wireless device communicating with the base station.
Specifically, every transmission of every limitation by the base station claims of the instant application to the wireless device has a corresponding receiving limitation by the wireless device from the base station which was transmitted in the Patent claims. Further, every transmission of every limitation by the base station of the instant application to the wireless device has a corresponding receiving by the wireless device from the base station the limitation transmitted. Further, every transmission of every limitation by the wireless device of the Patent to the base station has a corresponding receiving by the base station from the wireless device.
Regarding Claim 1:
Take as an example, claim 1 of the instant application and claim 1 of Patent NO. 12225459.
The limitation “receiving, by a base station from a wireless device, one or more first radio resource control (RRC) messages comprising wireless device capability information comprising one or more maximum numbers of multiple-input multiple-output (MIMO) layers for reception of a physical downlink shared channel (PDSCH), of a cell, scheduled by downlink control information (DCI) from each transmit/receive point (TRP) of a plurality of TRPs of the cell” of the instant application in claims 1 has corresponding limitation, “transmitting, by a wireless device to a base station, one or more first radio resource control (RRC) messages comprising wireless device capability information comprising one or more maximum numbers of multiple-input multiple-output (MIMO) layers for reception of a physical downlink shared channel (PDSCH), of a cell, scheduled by downlink control information (DCI) from each transmit/receive point (TRP) of a plurality of TRPs of the cell” in the patent claim 1.
Further, the limitation, “transmitting, to the wireless device, one or more second RRC messages comprising one or more parameters indicating a first number of MIMO layers, for a first TRP of the plurality of TRPs of the cell, wherein the first number of MIMO layers is equal to or less than a first maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the first TRP” of the instant application corresponds to “receiving, from the base station, one or more second RRC messages comprising one or more parameters indicating a first number of MIMO layers, for a first TRP of the plurality of TRPs of the cell, wherein the first number of MIMO layers is equal to or less than a first maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the first TRP” of the patent claim 1.
Further, the limitation, “transmitting, to the wireless device, one or more transport blocks with a second number of MIMO layers, wherein the second number is equal to or less than the first number” of the instant application corresponds to “receiving, from the base station, one or more transport blocks with a second number of MIMO layers, wherein the second number is equal to or less than the first number” of the Patent claim 1.
Therefore, it would have been obvious to one of the ordinary skill in the art, before the effective filing date of the claimed invention, to modify the Patent claims by changing the order to transmitting entities and receiving entities using obvious word changes.
Regarding independent claims 8 and 15:
Claims 8 and 15 of the instant application correspond to Patent’s claims 8 and 15 respectively. Further, the same logic and comparison can be applied for Claims 8 and 15 of the instant application corresponding to Patent’s claims 8 and 15 respectively.
Therefore, it would have been obvious to one of the ordinary skill in the art, before the effective filing date of the claimed invention, to modify the Patent claims by changing the order of transmitting entities and receiving entities using obvious word changes.
Dependent claims 2-7, 9-14 and 16-20 of the instant application corresponds to Patents claims 2-7, 9-14 and 16-20 respectively.
Therefore, it would have been obvious to one of the ordinary skill in the art, before the effective filing date of the claimed invention, to modify the Patent claims by changing the order of transmitting entities and receiving entities using obvious word changes.
Allowable Subject Matter
Claim(s) claims 1-20 would be allowable once the double patenting rejection is overcome.
The following is the examiner’s statement of reasons for allowance:
Claims 1-20 of Patent NO. 12225459 have been allowed and claims 1-20 of the instant application include every limitation of claims 1-20 of the Patent claims.
Further, the closest prior art, JIN (US 2022/0287025), teaches the concepts of transmitting assistance information, e.g., MIMO layer configuration, comprising first configuration parameters (FIG. 6 and "information of BWP specific UL/DL MIMO layer configuration". Par. 127, " the UE may transfer a UE capability information (UECapabi3lityInformation) message to the gNB further include information indicating whether the maximum number of MIMO layers is capable of being set for each BWP supported by a UE") indicating that each cell group of cell groups is associated with a maximum number of multiple- input multiple-output (MIMO) layers (FIG. 7A, FIG. 9, step 9-20, "information of BWP specific UL/DL MIMO layer configuration [per band per band combination or per CC]", Par. 22, 24, "cell-based maximum number of MIMO layers", "setting the maximum number of MIMO layers for the predetermined downlink BWP by limiting the number than the cell-based maximum number of MIMO layers", Par. 117, "the maximum number of MIMO layers of the serving cell set by the gNB". Note that in figure 9, the UE transmits MIMO layer configuration to the eNB) for a power saving operation of the wireless device (Par. 7, "for reducing the amount of power consumed by a user equipment (UE)"), and receiving second configuration parameters, for the power saving operation (FIG. 6, step 6-24, note that the UE receives the secondary cell config and it includes UL/DL BWP configuration), a first maximum number of MIMO layers for a first bandwidth part (BWP) of a first cell group of the cell groups; and a second maximum number of MIMO layers for a second BWP of the first cell (FIG. 6 and FIG. 9 and Par. 8, the first maximum number of multi- input-multi-output (MIMO) layers related to the activated downlink bandwidth part is received from a base station" based on the first cell belonging to the first cell group, the first maximum number and the second maximum number are each less than or equal to the maximum number corresponding to the first cell group (FIG. 6 and 9 and Par. 8, the first maximum number of multi-input-multi-output (MIMO) layers related to the activated downlink bandwidth part is received from a base station receiving information associated with a second maximum number of MIMO layers from the base station". Par. 10 and claim 9). Here, the UE receives first maximum number of MIMO layers and second maximum number of MIMO layers based on the initial assistance information that the UE transmitted to the eNB according to the first cell group, first maximum number and the second maximum number are each less than or equal to the maximum number corresponding to the first cell group because the eNB adjusted them according to that assistance information.
However, the prior art including JIN does not disclose the specific features of “receiving, by a base station from a wireless device, one or more first radio resource control (RRC) messages comprising wireless device capability information comprising one or more maximum numbers of multiple-input multiple-output (MIMO) layers for reception of a physical downlink shared channel (PDSCH), of a cell, scheduled by downlink control information (DCI) from each transmit/receive point (TRP) of a plurality of TRPs of the cell; transmitting, to the wireless device, one or more second RRC messages comprising one or more parameters indicating a first number of MIMO layers, for a first TRP of the plurality of TRPs of the cell, wherein the first number of MIMO layers is equal to or less than a first maximum number of MIMO layers, of the one or more maximum numbers of MIMO layers, corresponding to the first TRP; and transmitting, to the wireless device, one or more transport blocks with a second number of MIMO layers, wherein the second number is equal to or less than the first number”, along with other limitations of independent claim 1. Independent claims 8 and 15 include the same subject matter of claim 1, thus, they are allowed for the same reasons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRED A CASCA whose telephone number is (571)272-7918. The examiner can normally be reached on Monday through Friday from 9 to 5. 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, Kathy Wang-Hurst, can be reached at (571) 270-5371. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/FRED A CASCA/ Primary Examiner, Art Unit 2644
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