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 .
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.
Claim(s) 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. (US 11,930,374 B2). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims of the Instant Application
Claims of the Patent 374
Regarding claim 1: A cellular network comprising: a first radio unit, wherein: first communications for the first radio unit on a cellular network are performed as part of a first cellular network slice; and a second radio unit, wherein: second communications for the second radio unit on the cellular network are performed as part of a second cellular network slice; and a distributed unit of the cellular network is in communication with the first radio unit and the second radio unit, wherein: the second communications are routed to a data center that is separate and distinct from the cellular network; and the second communications are routed to the data center as encrypted.
Regarding claim 1: A cellular network system with advanced secondary operator privacy, the cellular network system comprising: a first radio unit that communicates with a first plurality of user equipment using a first radio spectrum, wherein: first communications between the first radio unit and a cellular network are performed using a first cellular network slice; and the first radio unit is operated by a cellular network operator; a second radio unit that communicates with a second plurality of user equipment using a second radio spectrum, wherein: the second radio unit is operated by a secondary operator distinct from the cellular network operator; second communications between the second radio unit and the cellular network are performed using a second cellular network slice; and the second communications are encrypted such that the cellular network cannot decrypt the second communications; a distributed unit (DU) of the cellular network that is in communication with the first radio unit and the second radio unit, wherein the DU is operated by the cellular network operator; and a first national data center (NDC) of the cellular network that is in communication with the DU, wherein: the first NDC processes the first communications performed using the first cellular network slice; and a second NDC, operated by the secondary operator distinct from the cellular network operator, processes the encrypted second communications performed using the second cellular network slice.
Regarding claim 2: The cellular network of claim 1, further comprising a centralized unit and a first national data center, wherein: the centralized unit routes the first communications and the second communications to the centralized unit; the centralized unit routes the first communications and the second communications to the first national data center; and the first national data center routes the second communications, but not the first communications, to a second national data center that is separate and distinct from the first national data center
As can be seen, the claims of the instant application are substantially similar to the patented claims, such that, allowance of the claims of the instant application would unjustifiably time wise extend the patent rights granted for the patent above. Thus, the claims are rejected for double patenting.
Claim(s) 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. (US 11,622,282 B2). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims of the Instant Application
Claims of the Patent 374
Regarding claim 1: A cellular network comprising: a first radio unit, wherein: first communications for the first radio unit on a cellular network are performed as part of a first cellular network slice; and a second radio unit, wherein: second communications for the second radio unit on the cellular network are performed as part of a second cellular network slice; and a distributed unit of the cellular network is in communication with the first radio unit and the second radio unit, wherein: the second communications are routed to a data center that is separate and distinct from the cellular network; and the second communications are routed to the data center as encrypted.
Regarding claim 1: A cellular network with advanced secondary operator privacy, the cellular network comprising: a first radio unit that communicates with a first plurality of user equipment using a first radio spectrum, wherein: first communications between the first radio unit and the cellular network are performed as part of a first cellular network slice; and the first radio unit is operated by a cellular network operator; a second radio unit that communicates with a second plurality of user equipment using a second radio spectrum, wherein: the second radio unit is operated by a secondary operator distinct from the cellular network operator; second communications between the second radio unit and the cellular network are performed as part of a second cellular network slice; and the second radio unit encrypts the second communications such that the cellular network cannot decrypt the second communications; a distributed unit (DU) of a cellular access network that is in communication with the first radio unit and the second radio unit, wherein the DU is operated by the cellular network operator, wherein: the DU routes the first communications and the second communications to a centralized unit (CU) of the cellular network, wherein the CU is operated by the cellular network operator; and the CU routes the second communications to a data center of the secondary operator that is separate and distinct from the cellular network; and the cellular access network of the cellular network that routes the second communications performed as part of the second cellular network slice as encrypted by the second radio unit to the data center.
Regarding claim 2: The cellular network of claim 1, further comprising a centralized unit and a first national data center, wherein: the centralized unit routes the first communications and the second communications to the centralized unit; the centralized unit routes the first communications and the second communications to the first national data center; and the first national data center routes the second communications, but not the first communications, to a second national data center that is separate and distinct from the first national data center
As can be seen, the claims of the instant application are substantially similar to the patented claims, such that, allowance of the claims of the instant application would unjustifiably time wise extend the patent rights granted for the patent above. Thus, the claims are rejected for double patenting.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMAAL HENSON whose telephone number is (571)272-5339. The examiner can normally be reached M-Thu: 7:30 am - 6:30 pm.
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JAMAAL HENSON
Primary Examiner
Art Unit 2411
/JAMAAL HENSON/ Primary Examiner, Art Unit 2411
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