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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restriction
Applicant’s election without traverse of group I which includes claims 16-21 and 26-31, in the reply filed on 12/19/25 is acknowledged.
Claims 1-15 have been canceled.
Claims 16-35 are pending.
Information Disclosure Statement
The references listed in the Information Disclosure Statement filed on 03/31/23 have been considered by the examiner (see attached PTO-1449 form or PTO/SB/08A and 08B).
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 161-17 and 26-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 12556883. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S. 12556883 with obvious wording variations.
Instant Application
U.S. 12556883
1. A method performed by a server for a location management service (LMS) for monitoring a location of a vertical application layer (VAL)-user equipment (UE) in a wireless network, the method comprising:
receiving, from a VAL server, a monitor location subscription request message for monitoring the location of the VAL-UE;obtaining location information of the VAL-UE; and
transmitting, to the VAL server, a monitor location subscription response message indicating that the server for the LMS accepts the monitor location subscription request message for monitoring the location of the VAL-UE; and monitoring the location of the VAL-UE.
1. A method performed by a location management server for updating a location-based group in a vehicle-to-everything (V2X) network, the method comprising:
receiving, from a vertical application layer (VAL) server, a location area monitoring subscription request for a subscription to a list of user equipments (UEs) moving into or moving out of a specific location area associated with a reference UE, wherein the location area monitoring subscription request includes reference UE information corresponding to the reference UE; checking if the VAL server is authorized;
sending, to the VAL server, a location area monitoring subscription response including information indicating a subscription result; identifying at least one V2X UE moving into or moving out of the specific location area by identifying the at least one V2X UE moving into or out of a proximity range from the reference UE; and sending, to the VAL server, a location area monitoring notification including a subscription identity, a triggering event, and information about the at least one V2X UE moving into or moving out of the specific location area.
For claim 17, the claim has features similar to claim 3 of the U.S. 12556883. Therefore, it can be compared as above.
For claims 26-27, the claims have features similar to claims 16-17. Therefore, the claims can be compared as above.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 16-17 and 26-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pateromichelakis et al. (U.S. 20230239724).
For claim 16, Pateromichelakis et al. disclose a method performed by a server for a location management service (LMS) for monitoring a location of a vertical application layer (VAL)-user equipment (UE) in a wireless network, the method comprising:
receiving, from a VAL server, a monitor location subscription request message for monitoring the location of the VAL-UE (at least [0076], [0138], [0149] and [0177]. The UAE server 221 requests the SEAL server 135 to provide Location information for the UAV 201 and receives a report (UAE server 201 acts as VAL server as in TS 3GPP 23.434) (see messaging 331). In particular, from Location Management (LM) Server, the UAE server 221 receives the precise location (geographical coordinates) of the UAV(s) 201 and ground UEs (e.g., UAV-C UE 307) in a given area (cell/TA area). From Location Management (LM) Server: the precise location of the UAVs and ground UEs in a given area (cell/TA area) which is acquired based on subscription to location monitoring by the UAVs/UAV-Cs. The SEAL server 135 provides on-demand (subscription or request) services for all vertical enabler layer (aka middleware) platforms (e.g., UAE servers 133).);
obtaining location information of the VAL-UE; and transmitting, to the VAL server, a monitor location subscription response message indicating that the server for the LMS accepts the monitor location subscription request message for monitoring the location of the VAL-UE (at least [0076], [0138], [0149] and [0177]. The UAE server 221 requests the SEAL server 135 to provide Location information for the UAV 201 and receives a report (UAE server 201 acts as VAL server as in TS 3GPP 23.434) (see messaging 331). In particular, from Location Management (LM) Server, the UAE server 221 receives the precise location (geographical coordinates) of the UAV(s) 201 and ground UEs (e.g., UAV-C UE 307) in a given area (cell/TA area). From Location Management (LM) Server: the precise location of the UAVs and ground UEs in a given area (cell/TA area) which is acquired based on subscription to location monitoring by the UAVs/UAV-Cs. The SEAL server 135 provides on-demand (subscription or request) services for all vertical enabler layer (aka middleware) platforms (e.g., UAE servers 133).); and
monitoring the location of the VAL-UE (at least [0076], [0138], [0149] and [0177]. The UAE server 221 requests the SEAL server 135 to provide Location information for the UAV 201 and receives a report (UAE server 201 acts as VAL server as in TS 3GPP 23.434) (see messaging 331). In particular, from Location Management (LM) Server, the UAE server 221 receives the precise location (geographical coordinates) of the UAV(s) 201 and ground UEs (e.g., UAV-C UE 307) in a given area (cell/TA area). From Location Management (LM) Server: the precise location of the UAVs and ground UEs in a given area (cell/TA area) which is acquired based on subscription to location monitoring by the UAVs/UAV-Cs. The SEAL server 135 provides on-demand (subscription or request) services for all vertical enabler layer (aka middleware) platforms (e.g., UAE servers 133).)
For claim 17, Pateromichelakis et al. disclose the method of claim 16, wherein the monitor location subscription request message includes at least one of an identifier of the VAL-UE, area of interest information of the VAL-UE, a notify interval, or a notification target uniform resource identifier (URI) (at least [0076], [0138], [0149] and [0177]. The UAE server 221 requests the SEAL server 135 to provide Location information for the UAV 201 and receives a report (UAE server 201 acts as VAL server as in TS 3GPP 23.434) (see messaging 331). In particular, from Location Management (LM) Server, the UAE server 221 receives the precise location (geographical coordinates) of the UAV(s) 201 and ground UEs (e.g., UAV-C UE 307) in a given area (cell/TA area). From Location Management (LM) Server: the precise location of the UAVs and ground UEs in a given area (cell/TA area) which is acquired based on subscription to location monitoring by the UAVs/UAV-Cs. The SEAL server 135 provides on-demand (subscription or request) services for all vertical enabler layer (aka middleware) platforms (e.g., UAE servers 133).)
For claims 26-27, the claims have features similar to claims 16-17. Therefore, the claims are rejected for the same reason in claims 16-17.
Allowable Subject Matter
Claims 18-21 and 28-31 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
El Essaili et al. (U.S. 20220291678) disclose updating the tele-operated driving session between the first device and the second device includes sending, by the first device to the second device, a tele-operated driving change request and receiving, from the second device to the first device, a tele-operated driving change response indicating acceptance of the tele-operated change request.
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/DAI PHUONG/Primary Examiner, Art Unit 2644