DETAILED ACTION
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 .
Information Disclosure Statement
As required by M.P.E.P. 609(c), the Applicant's submissions of the Information Disclosure Statement is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P. 609 C(2), a copy of the PTOL-1449 initialed and dated by the examiner is attached to the instant office action.
Applicant’s Information Disclosure Statement has been received, entered into the record, and considered. See attached form PTO-1449.
Claims 1-20 are presented for examination.
Examiner’s Remarks
Claims 11-20 are withdrawn as of August 27, 2025, with traverse.
Claims 1-10 are currently examined.
This application contains 11-20 are drawn to an invention nonelected with traverse. A complete reply to the final rejection must include cancellation of nonelected claims 11-20 or other appropriate action (37 CFR 1.144) See MPEP § 821.01.
Applicant is reminded that upon the cancellation of claims, 11-20, to a non-elected invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. Any amendment of inventorship must be accompanied by a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
Applicant is reminded that upon the cancellation of claims to a non-elected invention with Applicant’s amendment and response to this Non Final office action.
The requirement is still deemed proper and is therefore made FINAL.
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 claims at issue 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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-10 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1 and 3 of co-pending Application No. 2024/0267847 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because the patentably indistinct claims have not in fact been patented.
Although the claims at issue are not identical, but they are not patentably distinct from each other because they are both exhibiting similar network energy saving mode of a service in an inactive state for a network with first and second radio access network and service active messaging for requesting an alternative radio access network node indication of a service being actively provided by a second radio access network node.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the invention to reasonably interpret the limitations of the instant application, which is the fact The Same Invention in Claims 1-10 of US Patent Application No. and Claims 1-20 of US Patent Publication No. 2024/0267847 A, since they are utilized the similar network energy saving mode of a service in an inactive state for a network with first and second radio access network and service active messaging for requesting an alternative radio access network node indication of a service being actively provided by a second radio access network node. It is obvious to a person having ordinary skill in the art to remove steps or elements from a previously filed claim absent evidence of criticality of the step. The rationale why a modification such as removal of steps does not appear to render the prior art unsatisfactory for its intended purpose. As such the removal is obvious.
The claims are rejected under obvious type double provisional patenting because although different they are alleged not patentably distinct, they have a common inventor. The invention is also commonly owned by Dell Products, L.P. at the time of invention.
This is a provisional obviousness-type double patenting rejection. Further claim tables are provided below.
The Claims 1-10, of current application and U.S. Publication No. 2024/0267847 A1 are compared as follows, showing the obviousness of the teachings of the patent to the claimed invention:
Current Application
US Patent No. 2024/0267847
Claims 1 and 2 (for example):
1. A method, comprising: activating, by a first network access network node comprising a processor, a network energy saving mode, comprising at least one service being in an inactive state, for a network energy saving mode period of time; receiving, by the first radio access network node from a second radio access network node, a first services-active message comprising a first services-active indication indicative of the second radio access network node actively providing a first service of the at least one service that is in the inactive state at the first radio access network node; receiving, by the first radio access network node from a first user equipment, a request for the first service; and responsive to the request for the first service, transmitting, by the first radio access network node to the first user equipment, a first information message comprising an alternative radio access network node indication indicative of the first service being actively provided by the second radio access network node.
Claims 1 and 3 (for example):
1. A method, comprising: receiving, by a first radio access network node comprising a processor from a second radio access network node, a network energy saving message comprising a network energy saving indication indicative of a network energy saving mode corresponding to the second radio access network node; responsive to the network energy saving indication, transmitting, by the first radio access network node to the second radio access network node, a network energy saving mode assistance indication indicative of the first radio access network node being able to assist the second radio access network node during the network energy saving mode; receiving, by the first radio access network node from a user equipment, a first connection establishment message comprising connection information corresponding to the first radio access network node; and facilitating, by the first radio access network node, performance of a connection operation with respect to the user equipment based on the connection information.
2. The method of claim 1, wherein the first information message comprises a system information block 1.
3. The method of claim 2, wherein the minimum system information corresponding to the second radio access network node comprises information that the second radio access network node transmits in a system information block 1 when the network energy saving mode is inactive at the second radio access network node.
In addition, although the conflicting claims are not identical, they are not patentably distinct from each other because the scope of each claim in the present application is essentially identical to the scope of a corresponding claim in the instant application and US Patent Publication No. 2024/0267847 A1, as indicated in the above claim diagram (see above for details).
Also, it is noted, claims 1-10 of current application and claims 1-20 of U.S. Patent Publication No. 2024/0267847 A1 are exhibiting similar network energy saving mode of a service in an inactive state for a network with first and second radio access network and service active messaging for requesting an alternative radio access network node indication of a service being actively provided by a second radio access network node, similarly.
Allowable Subject Matter
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure [see USPTO Notice of References Cited Form 892]:
Claims 1-10 are allowed over the prior art made of record.
The following is an examiner's statement of reasons for allowance:
Interpreting the claims in light of the specification, Examiner finds the claimed invention is patentably distinct from the prior art of record, which sets forth in the following: the prior art of record does not teach the combination of claimed elements including and under the broadest reasonable interpretation of the claimed limitation consistence with the Applicant's Specification. The prior art cited above fails to teach all of the Applicant’s claimed limitation. In particularly, the claimed invention advantageously provides a finer level of detail that includes “activating, by a first network access network node comprising a processor, a network energy saving mode, comprising at least one service being in an inactive state, for a network energy saving mode period of time; receiving, by the first radio access network node from a second radio access network node, a first services-active message comprising a first services-active indication indicative of the second radio access network node actively providing a first service of the at least one service that is in the inactive state at the first radio access network node; receiving, by the first radio access network node from a first user equipment, a request for the first service; and responsive to the request for the first service, transmitting, by the first radio access network node to the first user equipment, a first information message comprising an alternative radio access network node indication indicative of the first service being actively provided by the second radio access network node” in combination with the other limitations of the claims, was not disclosed by, would not have been obvious over, nor would have been fairly suggested by the prior art of record in context to the claims and the specification.
The dependent claims, being further limiting to the independent claims, definite and enabled by the Specification are also allowed. The Examiner asserts that the claims overcome the prior art of record as describes above when the limitations are read in combination with the respective claimed limitations in their entirety.
The closes prior made of record, Ali Esswie teaches, “radio access nodes may receive from a core network a configuration comprising a criterion to be used to determine to activate a network energy saving mode. The nodes share network energy saving information. A node activates a network energy saving mode upon the criterion being satisfied. A user equipment may establish a connection with a node that has not activated a network energy saving mode via a provisioning beam. Based on the connection being established via the provisioning beam, the node that has not activated a network energy saving mode may request that the node that activated the network energy saving mode transmit a synchronization signal block signal and that the user equipment monitor the synchronization signal block signal and determine whether to establish a connection with the node that is operating in an active network energy saving mode based on a signal strength of the synchronization signal block signal“.
Thus, prior art of record, Ali Esswie neither render obvious nor anticipates the combination of claimed elements, activating, by a first network access network node comprising a processor, a network energy saving mode, comprising at least one service being in an inactive state, for a network energy saving mode period of time; receiving, by the first radio access network node from a second radio access network node, a first services-active message comprising a first services-active indication indicative of the second radio access network node actively providing a first service of the at least one service that is in the inactive state at the first radio access network node; receiving, by the first radio access network node from a first user equipment, a request for the first service; and responsive to the request for the first service, transmitting, by the first radio access network node to the first user equipment, a first information message comprising an alternative radio access network node indication indicative of the first service being actively provided by the second radio access network node n in light of the specification.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ali Esswie (US Patent Publication No. 2024/0267847 A1), “IDLE MODE NETWORK POWER SAVING” (August 8, 2024).
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE D MIZRAHI whose telephone number is 571- 272-4079. The examiner can normally be reached on 7:30-3:30 PM (7:30 - 4:30 p.m.).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison T. Slater can be reached on (571) 270-0375. The fax phone numbers for the organization where this application or proceeding is assigned are (703) 872-9306 for regular communications and for After Final communication.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (571) 272-2600.
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Diane.Mizrahi@USPTO.gov
/DIANE D MIZRAHI/ Primary Examiner, Art Unit 2647