DETAILED ACTION
This action is responsive to the communications filed on 7/7/2025 and 11/13/2025.
Currently, claims 1-20 are pending.
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.
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, 3, 9, 11, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, and 11 of Parent U.S. Patent No. 12,376,122 (hereinafter: Patent ‘122). Although the claims at issue are not identical, they are not patentably distinct from each other because:
The limitations of Patented claim 1 (of Patent ‘122) anticipate (in the context of ODP) the limitations of instant independent claim 1 (as well as instant claim 3).
The limitations of Patented claim 6 (of Patent ‘122) anticipate (in the context of ODP) the limitations of instant independent claim 9 (as well as instant claim 11).
The limitations of Patented claim 11 (of Patent ‘122) anticipate (in the context of ODP) the limitations of instant independent claim 17.
For example, below is a comparison of instant claim 1 and Patented claim 1.
Patented claim 1:
1. A beam indication method performed by an access network device, the method comprising:
sending configuration information to a terminal device, wherein the configuration information is used to indicate, based on a unified beam indicator, one or more beams used by the terminal device to transmit or receive a plurality of physical channels or physical signals, the plurality of physical channels or physical signals comprise one or more downlink physical channels or physical signals and one or more uplink physical channels or physical signals; and
sending first information to the terminal device;
wherein the first information is used to indicate the unified beam indicator;
wherein the unified beam indicator includes a downlink transmission configuration indicator (TCI) state and an uplink TCI state;
wherein the downlink TCI state is used to indicate a receive beam of the one or more beams for receiving the one or more downlink physical channels or physical signals, and
the uplink TCI state is used to indicate a transmit beam of the one or more beams for transmitting the one or more uplink physical channels or physical signals; and
wherein the configuration information is further used to indicate the terminal device to transmit the plurality of physical channels or physical signals based on a unified beam.
Instant claim 1:
1. A beam indication method, comprising:
sending configuration information to a terminal device, wherein the configuration information is used to indicate that the terminal device determines a beam used for transmitting or receiving a plurality physical channels and/or physical signals based on a unified beam indication, the plurality of physical channels or physical signals comprise one or more downlink physical channels or physical signals and one or more uplink physical channels or physical signals; and
sending first information to the terminal device;
wherein the first information is used to indicate the unified beam indicator;
whererin the unified beam indicator includes a downlink transmission configuration indicator (TCI) state and an uplink TCI state; and
wherein the downlink TCI state is used to indicate a receive beam for receiving the one or more downlink physical channels or physical signals, and
the uplink TCI state is used to indicate a transmit beam for transmitting the one or more uplink physical channels or physical signals.
Allowable Subject Matter
Claims 2, 4-8, 10, 12-16, and 18-20 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.
Where the closest prior art of record is Yerramalli et al. (US 2019/0387418: previously cited), the merits of Yerramalli et al. reference were previously during the prosecution of parent application 18/088,352 (see the OAs mailed on 10/24/2024 &
3/31/2025 as well as applicant’s arguments filed on 1/24/2025).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and are cited in the attached PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M. Perez, telephone number (571)270-3231. The examiner can normally be reached Monday through Friday: 10am to 6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David C. Payne can be reached at (571)272-3024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M PEREZ/Primary Examiner, Art Unit 2635 9/28/2026
