DETAILED ACTION
The amendments and remarks filed 6/30/2026 were received.
CLAIM REJECTIONS — Nonstatutory 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 1-20
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12439302. Although the claims at issue are not identical, they are not patentably distinct from each other because the differences in claim language are minor and do not distinguish the overall appearance of one over the other, as shown in the table below.
App. No. 17/886632 Claim 1
Patent No. 12,439,302 Claim 11
A cell handover method, executed by a terminal device, comprising: determining that a cell handover condition for handing over to a target transmission and reception point (TRP) is satisfied, wherein the cell handover condition is satisfied when a first control resource set (CORESET) is associated with the target TRP,
[Claim 11] The method according to claim 1…
[Claim 1] wherein that the cell handover trigger condition is met is determined according to at least one of the following:
a Transmission Configuration Indicator (TCI) indicated by DCI monitored on a first COntrol REsource SET (CORESET) is associated with a neighbor cell or neighbor Transmission and Reception Point (TRP);
[Claim 11] wherein the performing, by the terminal, a cell handover comprises at least one of the following: … a handover from a cell associated with a TRP of a non-anchor node to the target cell or the target TRP;
wherein that the first information is associated with the target TRP comprises: a transmission configuration indication (TCI) of the first CORESET comprises a network node identifier or network node related information of the target TRP to indicate the target TRP;
[Claim 1] a Transmission Configuration Indicator (TCI) indicated by DCI monitored on a first COntrol REsource SET (CORESET) is associated with a neighbor cell or neighbor Transmission and Reception Point (TRP);
the DCI monitored on the first CORESET carries identifier information of the neighbor cell or the neighbor TRP;
[Claim 11] associating a first CORESET with the target cell or the target TRP;
[Claim 11] associating network node identifier information associated with a control resource set pool index with the target cell or the target TRP.
and responsive to the cell handover condition being satisfied, handing over to the target TRP, comprising: keeping an anchor node unchanged, and when there are multiple TRPs, handing over to a cell associated with a TRP of a non-anchor node.
[Claim 11] wherein the performing, by the terminal, a cell handover comprises at least one of the following: … performing when the anchor node remains unchanged, and there are a plurality of TRPs, a handover from a cell associated with a TRP of a non-anchor node to the target cell or the target TRP;
Independent claim 16 recites limitations similar to claim 1 and is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12439302 by similar reasoning.
Independent claim 20 recites limitations similar to claim 1 of U.S. Patent No. 12439302 and is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12439302 by similar reasoning. Claim 20 is a system claim reciting a memory, processor, computer program, etc., which is obvious claim drafting technique (as exemplified by claim 16 of U.S. Patent No. 12439302).
Dependent claims 2-15 and 17-19 ultimately depend on one of independent claims 1, 16, and 20 are rejected by virtue of their dependency.
RESPONSE TO ARGUMENTS
Applicant’s arguments have been fully considered and are persuasive. The rejections under 35 U.S.C. 103 have been withdrawn.
CONCLUSION
Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Davis whose telephone number is 703-756-1832. The examiner can normally be reached Mon-Fri from 11AM to 7PM ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh, can be reached at telephone number 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.R.D./
Examiner, Art Unit 2476
/AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
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