DETAILED ACTION
This office action is a response to the application 18/415,046 filed on January 17, 2024.
Claims 1-18 are pending.
Claims 1-18 are rejected.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in the Instant Application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 17, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,357,070 and Claims 1-18 of U.S. Patent No. 11,910,466. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the Instant application are obvious variations of the claims of the Patent. The table below shows only Example (sample) of Claims which are anticipated by of U.S. Patent No. 11,357,070 and U.S. Patent No. 11,910,466.
Present Claims
US 11,357,070
US 11,910,466
1. A wireless user device comprising: at least one antenna to transmit and receive one or more wireless signals; at least one processor; and memory storing instructions that, when executed by the at least one processor, cause the wireless user device to: receive first radio access network-based notification area (RNA) information; receive, from a base station: second RNA information different from the first RNA information; and an access barring threshold value; based on a difference between the first RNA information and the second RNA information and based on the access barring threshold value, determine that an RNA update indication is allowed; while the wireless user device is in a radio resource control (RRC) inactive mode, transmit, to the base station and based on the RNA update indication being allowed, an RNA update indication message; receive an RNA update reject message responsive to the RNA update indication message; and after receiving the RNA update reject message and while a timer is running, start a cell reselection.
1. A method comprising: receiving, by a wireless user device, first radio access network-based notification area (RNA) information, wherein the wireless user device is in a radio resource control (RRC) inactive mode; receiving, from a base station: second RNA information different from first RNA information; and access barring information comprising an access barring threshold value; based on a difference between the first RNA information and the second RNA information and based on the access barring threshold value, determining that an RNA update indication is allowed; transmitting, to the base station and based on the determining, an RNA update indication message; receiving an RNA update reject message responsive to the RNA update indication message; and after receiving the RNA update reject message and while a timer is running, starting a cell reselection.
1. A wireless user device comprising: at least one antenna to transmit and receive one or more wireless signals; at least one processor; and memory storing instructions that, when executed by the at least one processor, cause the wireless user device to: receive first radio access network-based notification area (RNA) information, wherein the wireless user device is in a radio resource control (RRC) inactive mode; receive, from a base station: second RNA information different from the first RNA information; and an access barring threshold value; based on a difference between the first RNA information and the second RNA information and based on the access barring threshold value, determine that an RNA update indication is allowed; transmit, to the base station and based on determining that the RNA update indication is allowed, an RNA update indication message; receive an RNA update reject message responsive to the RNA update indication message; and after receiving the RNA update reject message and while a timer is running, start a cell reselection.
8. A base station comprising: at least one antenna to transmit and receive one or more wireless signals; at least one processor; and memory storing instructions that, when executed by the at least one processor, cause the base station to: transmit, to a wireless user device: radio access network-based notification area (RNA) information; and an access barring threshold value, wherein the access barring threshold value is associated with a determination that an RNA update indication is allowed; after transmitting the RNA information, receive, from the wireless user device that is in a radio resource control (RRC) inactive mode, an RNA update indication message, wherein the RNA update indication message is based on: the RNA information; and the access barring threshold value; based on the RNA update indication message, determine whether to maintain the RRC inactive mode for the wireless user device; and perform, by the base station: based on a determination to maintain the RRC inactive mode for the wireless user device, transmission, to a node, a request for forwarding context information of the wireless user device; or based on a determination to not maintain the RRC inactive mode for the wireless user device, transmission, to the wireless user device, an RNA update reject message.
8. A method comprising: transmitting, by a base station to a wireless user device: radio access network-based notification area (RNA) information; and access barring information comprising an access barring threshold value, wherein the wireless user device is in a radio resource control (RRC) inactive mode, and wherein the access barring threshold value is associated with a determination that an RNA update indication is allowed; after the transmitting the RNA information, receiving, from the wireless user device, an RNA update indication message, wherein the RNA update indication message is based on: the RNA information; and the access barring threshold value; based on the RNA update indication message, determining whether to maintain the RRC inactive mode for the wireless user device; and performing, by the base station: based on a determination to maintain the RRC inactive mode for the wireless user device, transmission, to a node, a request for forwarding context information of the wireless user device; or based on a determination to not maintain the RRC inactive mode for the wireless user device, transmission, to the wireless user device, an RNA update reject message.
8. A base station comprising: at least one antenna to transmit and receive one or more wireless signals; at least one processor; and memory storing instructions that, when executed by the at least one processor, cause the base station to: transmit, to a wireless user device: radio access network-based notification area (RNA) information; and an access barring threshold value, wherein the wireless user device is in a radio resource control (RRC) inactive mode, and wherein the access barring threshold value is associated with a determination that an RNA update indication is allowed; after transmitting the RNA information, receive, from the wireless user device, an RNA update indication message, wherein the RNA update indication message is based on: the RNA information; and the access barring threshold value; based on the RNA update indication message, determine whether to maintain the RRC inactive mode for the wireless user device; and perform, by the base station: based on a determination to maintain the RRC inactive mode for the wireless user device, transmission, to a node, a request for forwarding context information of the wireless user device; or based on a determination to not maintain the RRC inactive mode for the wireless user device, transmission, to the wireless user device, an RNA update reject message.
Regarding Claims 1-18, Claims 1-18 of U.S. Patent No. 11,357,070 and Claims 1-18 of U.S. Patent No. 11,910, 466 disclose all the limitations of Claims 1-18 by eliminating limitations. It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 186 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not needed would have been obvious to one skilled in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IVAN O LATORRE whose telephone number is (571)272-6264. The examiner can normally be reached Monday-Friday 9:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hadi Armouche can be reached at (571) 270-3618. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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IVAN O. LATORRE
Primary Examiner
Art Unit 2409
/IVAN O LATORRE/Primary Examiner, Art Unit 2409