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 .
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 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.
“A later patent claim not patentably distinct from an earlier patent claim if the later claims are obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness type double patenting where a patent application claim to a genus is anticipated by a 35 patent claim to a species within that genus). “ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ONPETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-5 respectively of U.S. Patent No: 11,910,324 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the Instant claim(s) are similar/same subject matter as that of the Patented Claim(s) with slight modifications and therefore rejected accordingly.
Accordingly, absent a terminal disclaimer, claims 1-7 are properly rejected under the doctrine of obviousness-type double patenting.” (In re Goodman (CA FC) 29 USPQe2d 2010 (12/3/1993).
A contrast of Instant Independent Claim 1 against the Patented Claim 1 is illustrated below with underlined and deletion of differences as appropriate;
Instant Case: 18/410,574
US Patent: 11,910,324
A method of receiving a group wake up signal (GWUS) by a user equipment (UE) in a wireless communication system, the method comprising:
receiving GWUS resource configuration information; and monitoring the GWUS based on the GWUS resource configuration information,
wherein the GWUS resource configuration information includes first GWUS resource configuration related to a discontinuous reception (DRX) type, second GWUS resource configuration related to an extended DRX (eDRX)-short type, and
third GWUS resource configuration related to an eDRX-long type, wherein the eDRX-short type is for a first time gap smaller than a second time gap related to the eDRX-long type.
A method of receiving a group wake up signal (GWUS) by a user equipment (UE) in a wireless communication system, the method comprising:
receiving GWUS resource configuration information; and monitoring the GWUS based on the GWUS resource configuration information,
wherein the GWUS resource configuration information includes first GWUS resource configuration related to a discontinuous reception (DRX) type, second GWUS resource configuration related to an extended DRX (eDRX)-short type, and
third GWUS resource configuration related to an eDRX-long type, wherein the eDRX-short type is related to an eDRX operation that a time gap can be configured to
Based on the foregoing comparison, it is clearly obvious to one of skill in the art that instant Claim 1 is broader (although not identical) compared with the patented Claim 1 by merely deleting specific portions of limitations of patented claim 1, while maintaining the same inventive concepts. Therefore claim 1 is properly rejected under Non-Statutory Double Patenting.
Similarly, Independent Claim 5-6 recites features similar to Patented Claim 5 and therefore are rejected for same reasoning’s as Claim 1.
Similarly, Claims 2-4,7 recite features similar to Claims 2-4 respectively and therefore rejected for same reasoning’s as Claims 1 and 5-6.
DETAILED ACTION
Claim Rejections - 35 USC §102(a)2
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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 are/is rejected under pre-AIA 35 U.S.C. 102(a)2 as being clearly anticipated by Shi et al (US 20220377666 A1 ) hereinafter as Shi.
Regarding claim(s) 1, Shi discloses a method of receiving a group wake up signal (GWUS) by a user equipment (UE) in a wireless communication system (See Fig(s). 6 , See ¶ 58, A UE can receive the default group information, and will detect the WUS associated with the default group information. ), the method comprising:
receiving GWUS resource configuration information (See Fig(s). 4, See ¶ 58, A UE can receive the default group information, and will detect the WUS associated with the default group information.) ;
monitoring the GWUS based on the GWUS resource configuration information (See ¶ 47-48, See Fig(s). 3C, Once a UE detects its WUS, it will monitor the following N Pos),
wherein the GWUS resource configuration information includes first GWUS resource configuration related to a discontinuous reception (DRX) type, second GWUS resource configuration related to an extended DRX (eDRX)-short type, and third GWUS resource configuration related to an eDRX-long type (See Fig(s). 3, See ¶ 48, 74, a UE can detect the corresponding WUS/GWUS by DRX gap, or by eDRX gap. All gaps (or offset, hereafter the same) use the same GWUS configuration on the number of UE groups and WUS resource allocation. The eDRX gap could include a short gap or a long gap as shown in FIGS. 3A-3C. ),
wherein the eDRX-short type is for a first time gap smaller than a second time gap related to the eDRX-long type (See Fig(s).3A-3B, See ¶ 48, The eDRX gap could include a short gap or a long gap as shown in FIGS. 3A-3C. In addition, the eDRX gap may be configured individually in the case it is separated from the DRX gap. A UE can apply the gap type based on the DRX or eDRX configuration and its capability on grouping rules for WUS).
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al (US 20220377666 A1 ) hereinafter as Shi in view of HÖGLUND et al (US 20250016675 A1) hereinafter as HÖGLUND.
Regarding claim(s) 2,7, HÖGLUND discloses wherein the first time gap is 40ms or 240ms, and wherein the second time gap is 1s or 2s (See ¶ Table 7.4-1). The time gap for the UE is desired for UE WUS capability so at least minimum time required for the UE to start up its main receiver.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the teachings of HÖGLUND within Shi, to allow the UE to have enough time to start up its main receiver.
Regarding claim(s) 3, HÖGLUND discloses wherein the configuration information is signaled as a higher layer signal having an independent field for each of the first GWUS resource and the second GWUS resource (See ¶ Table WUS configuration, 16, 18, Value ms40 corresponds to 40 ms, value ms240 corresponds to 240 ms and so on. If this field is included, the UE may be required to also indicate support for WUS or GWUS for paging in DRX.). Reasons for combining same as claim 2.
Regarding claim(s) 4, HÖGLUND discloses wherein the first WUS configuration is configured not to be applied to the UE having a time gap of the size of 1s or 2s, wherein the time gap is a time interval from the end of the WUS resource to the a paging occasion (PO) (See Fig(s). 1-2. Reasons for combining same as claim 2.
Regarding claim(s) 5,6, Shi discloses a method of receiving a group wake up signal (GWUS) by a user equipment (UE) in a wireless communication system (See Fig(s). 6 , See ¶ 58, A UE can receive the default group information, and will detect the WUS associated with the default group information. ), the method comprising:
receiving GWUS resource configuration information (See Fig(s). 4, See ¶ 58, A UE can receive the default group information, and will detect the WUS associated with the default group information.) ;
monitoring the GWUS based on the GWUS resource configuration information (See ¶ 47-48, See Fig(s). 3C, Once a UE detects its WUS, it will monitor the following N Pos),
wherein the GWUS resource configuration information includes first GWUS resource configuration related to a discontinuous reception (DRX) type, second GWUS resource configuration related to an extended DRX (eDRX)-short type, and third GWUS resource configuration related to an eDRX-long type (See Fig(s). 3, See ¶ 48, 74, a UE can detect the corresponding WUS/GWUS by DRX gap, or by eDRX gap. All gaps (or offset, hereafter the same) use the same GWUS configuration on the number of UE groups and WUS resource allocation. The eDRX gap could include a short gap or a long gap as shown in FIGS. 3A-3C. ),
wherein the eDRX-short type is for a first time gap smaller than a second time gap related to the eDRX-long type (See Fig(s).3A-3B, See ¶ 48, The eDRX gap could include a short gap or a long gap as shown in FIGS. 3A-3C. In addition, the eDRX gap may be configured individually in the case it is separated from the DRX gap. A UE can apply the gap type based on the DRX or eDRX configuration and its capability on grouping rules for WUS).
Shi fails to disclose wherein the eDRX-short type is related to an eDRX operation that a time gap can be configured to 40ms or 240ms, and wherein the eDRX-long type is related to the eDRX operation that the time gap can be configured to 1s or 2s.
HÖGLUND discloses wherein the eDRX-short type is related to an eDRX operation that a time gap can be configured to 40ms or 240ms, and wherein the eDRX-long type is related to the eDRX operation that the time gap can be configured to 1s or 2s (See ¶ Table 7.4-1). The time gap for the UE is desired for UE WUS capability so at least minimum time required for the UE to start up its main receiver.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate the teachings of HÖGLUND within Shi, to allow the UE to have enough time to start up its main receiver.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Raj Jain whose telephone number is (571) 272-3145. The examiner can normally be reached on M-Th ~8 ~6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached on 571-272-3123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAJ JAIN/Primary Examiner, Art Unit 2411