DETAILED ACTION
It is hereby acknowledged that the following papers have been received and placed of record in the file: Amendment date 02/17/2026.
Claims 1-3, 7-14, 16 and 19-21 are presented for examination and claims 4-6, 15 and 17-18 are cancelled.
Response to Arguments
Applicant's arguments with respect to claims 1-3, 7-14, 16 and 19-21 have been considered but are moot in view of the new ground(s) of rejection.
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. 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/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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 12, 19 and 20-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,12 and 19-20 of U.S Patent No. 11,246,167; claims 1,12 and 19-20 of U.S Patent No. 10,219,302 and claims 1, 12, 21 and 22 of U.S. Patent No. 8,503,426. The subject matter claimed in the instant application is disclosed in the referenced patent application and would be covered by any patent granted on that patented application since the referenced patent application and the instant application are claiming common subject matter, as follows:
Instant Application US Application:
#18/467835 (835”)
U.S. Patent#11,246, 167 (167’)
U.S. Patent#10,219,302 (302’)
U.S. Patent#: 8,503,426 (426’)
Claim 1. A method by a mobile terminal performing a random access procedure over a radio interface, the method comprising:
transmitting a synchronization request for synchronization information;
receiving synchronization information in response to the synchronization request; and
transmitting, based on at least one transmission parameter adjusted in accordance with the synchronization information, a resource request for data transmission resources, and,
Claim 1. A method of performing a random access procedure over a radio interface, the method comprising the following steps in a mobile terminal:
transmitting, to a radio base station, a synchronization request for synchronization information;
receiving, from the radio base station, the synchronization information in response to the synchronization request;
transmitting, based on at least one uplink transmission parameter adjusted in accordance with the synchronization information, a resource request for data transmission resources for uplink communications between the mobile terminal and the radio base station; and
Claim 1. A method of performing a random access procedure over a radio interface, the method in a mobile terminal comprising:
transmitting, by the mobile terminal, a synchronization request for synchronization information;
receiving, at the mobile terminal, synchronization information in response to the synchronization request;
transmitting, by the mobile terminal based on at least one transmission parameter adjusted in accordance with the synchronization information, a resource request for data transmission resources; and
Claim 1. A method of operating a mobile terminal in a random access procedure performed over a radio interface, the method comprising the following steps in a mobile terminal:
transmitting a synchronization request for synchronization information;
receiving synchronization information in response to the synchronization request;
transmitting a resource request for data transmission resources based on at least one transmission parameter adjusted in accordance with the synchronization information;
transmitting data using resources scheduled in response to the resource request so long as the terminal remains in synchronization or until expiry of a synchronization timer; and
starting a synchronization timer in response to reception of synchronization information, wherein the synchronization timer has an expiry value and where the expiry value of the synchronization timer is configurable by a base station.
using a timer mechanism providing an indication related to a validity of the at least one uplink transmission parameter used by the mobile terminal to keep the mobile terminal in synchronization with the radio base station.
using a timer mechanism providing an indication related to the validity of the at least one transmission parameter utilized by the mobile terminal to keep the mobile terminal in synchronization.
starting the synchronization timer in response to reception of synchronization information, wherein after expiry of the synchronization timer a resynchronization is required prior to any data transmission following the expiry of the synchronization timer.
Although the conflict claims are not identical, they are not patentably distinct from each other because 835’ discloses the method by a mobile terminal performing a random access procedure over a radio interface, the method comprising:
transmitting a synchronization request for synchronization information;
receiving synchronization information in response to the synchronization request;
transmitting, based on at least one transmission parameter adjusted in accordance with the synchronization information, a resource request for data transmission resources
835’’ does not discloses the phrase “using a timer mechanism providing an indication related to a validity of the at least one uplink transmission parameter used by the mobile terminal to keep the mobile terminal in synchronization with the radio base station” in the instant application. However, it would have been obvious to one or ordinary skill in the art using the method step perform by the mobile terminal with same functionalities (such as starting a synchronization timer in response to reception of synchronization information and wherein the synchronization timer has a value and where the value of the synchronization timer is configurable by a base station) which does not patentably distinct from each other.
Regarding claims 12 and 19-21 are rejected for the same reasons as claim 1 described above corresponding to patented claims 1 of US Patent #11,770,858; patented claims 1, 12 and 19-21 of US Patent#11,246,167; patented claims 1, 12 and 19-20 of US Patent#10,219,302 and claims 12, 21 and 23 of U.S. Patent#: 8,503,426.
Examiner suggests applicant to file electronic terminals disclaimer over the both parent cases of US Patent #11,770,858; U.S. Patent#11,246,167; U.S. Patent #10,219,302 and U.S. Patent#: 8,503,426 to overcome the double patenting rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUANG W LI whose telephone number is (571)270-1897. The examiner can normally be reached Monday - Thursday 7AM-5PMET.
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GUANG W. LI
Primary Examiner
Art Unit 2478
April 18, 2026
/GUANG W LI/Primary Examiner, Art Unit 2478
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