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 .
Claims 1-20 have been examined and are rejected.
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.
Claim 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of copending Application No. 18/162,906. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the instant application are broader version of the claim in the 18/162,906 application. See table below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application
Application No. US 18/162,906
A method comprising: obtaining, by an end device from a network device of a terrestrial network, non-terrestrial network assistance information including location and a radio frequency or band of a non- terrestrial network device for signal acquisition associated with a non- terrestrial network; determining, by the end device, that a criterion to invoke a search of the non-terrestrial network is satisfied; performing, by the end device, the search based on the non-terrestrial network assistance information; and transmitting, by the end device after the performing, feedback information pertaining to the search and the non-terrestrial network assistance information to the network device.
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A method comprising: determining, by an end device, that a first criterion to invoke a first search of a non- terrestrial network is satisfied; performing, by the end device, the first search; selecting, by the end device based on the first search, to establish a connection with the non-terrestrial network based on resource utilization criteria of the end device that pertains to an architecture of the non-terrestrial network; establishing, by the end device based on the selecting, the connection to the non- terrestrial network; performing, by the end device after the establishing, a second search for a terrestrial network; connecting, by the end device, to the terrestrial network; and releasing, by the end device, the connection to the non-terrestrial network.
9) An end device comprising: a processor that is configured to: obtain, from a network device of a terrestrial network, non-terrestrial network assistance information including location and a radio frequency or band of anon-terrestrial network device decoding information for signal acquisition associated with a non-terrestrial network; determine that a criterion to invoke a search of the non-terrestrial network is satisfied; perform the search based on the non-terrestrial network assistance information; and transmit, after the performing the search, feedback information pertaining to the search and the non-terrestrial network assistance information to the network device
17) A non-transitory computer-readable storage medium storing instructions executable by a processor of a device, wherein the instructions are configured to: obtain, from a network device of a terrestrial network, non-terrestrial network assistance information including location and a radio frequency or band of anon-terrestrial network device for signal acquisition associated with a non-terrestrial network; determine that a criterion to invoke a search of the non-terrestrial network is satisfied; perform the search based on the non-terrestrial network assistance information; and transmit, after the performing the search, feedback information pertaining to the search and the non-terrestrial network assistance information to the network device.
9) An end device comprising: a processor that is configured to: determine that a first criterion to invoke a first search of a non-terrestrial network is satisfied; perform the first search; select, based on the first search, to establish a connection with the non-terrestrial network based on resource utilization criteria of the end device that pertains to an architecture of the non-terrestrial network; establish, based on the selection, the connection to the non-terrestrial network; perform, after the establishment of the connection, a second search for a terrestrial network; connect to the terrestrial network; and release the connection to the non-terrestrial network
17) A non-transitory computer-readable storage medium storing instructions executable by a processor of a device, wherein the instructions are configured to: determine that a first criterion to invoke a first search of a non-terrestrial network is satisfied; perform the first search; select, based on the first search, to establish a connection with the non-terrestrial network based on resource utilization criteria of the end device that pertains to an architecture of the non- terrestrial network; establish, based on the selection, the connection to the non-terrestrial network; perform, after the establishment of the connection, a second search for a terrestrial network; connect to the terrestrial network; and release the connection to the non-terrestrial network.
Conclusion
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/HERMON ASRES/Primary Examiner, Art Unit 2449