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 .
This office action is in response to amendment filed on Apr. 06, 2026.
Claims 1-15 have been cancelled.
Claims 16-18 have been amend.
Claims 21-35 have been added.
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.
Claims 16 and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 respectively of U.S. Patent No. 11,871,376. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all the limitations of the instant application claims, respectively (see table below). The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Claims 17-20 and 22-31 are rejected as being dependent on independent claims 16 and 21.
Application 18/522,612
U.S. Patent No. 11,871,376
Claim 16 and 21.
An apparatus for wireless communication, comprising: at least one processor; at least one memory comprising instructions; and at least one transceiver communicatively, wherein the at least one processor are is configured to cause the apparatus to for: communicate over a carrier comprising a plurality of bandwidth parts (BWPs) utilizing BWP hopping by configuring the at least one transceiver to switch between BWPs of the plurality of BWPs according to a hopping pattern; receive, via the at least one transceiver, a paging indicator message in a first BWP of the plurality of BWPs, wherein the first BWP is located at first resources; responsive to the paging indicator message, switch the at least one transceiver from the first BWP to a paging BWP of the plurality of BWPs, the paging BWP configured to carry paging messages, wherein the paging BWP is located at second resources having a predetermined relationship with the first resources, wherein the paging BWP is a selected paging BWP from among a plurality of paging BWPs of the plurality of BWPs, and wherein the predetermined relationship comprises the selected paging BWP being a closest paging BWP to the first BWP from among the plurality of paging BWPs; and receive, via the at least one transceiver, a paging message in the paging BWP.
Claim 15.
A user equipment (UE), comprising: one or more processors; a memory comprising instructions; and a transceiver communicatively coupled to the processor, wherein the one or more processors are configured to execute the instructions and cause the UE to: communicate over a carrier comprising a plurality of bandwidth parts (BWPs) utilizing BWP hopping by configuring the transceiver to switch between BWPs of the plurality of BWPs according to a planned hopping pattern; receive, via the transceiver, a paging indicator message in a first BWP of the plurality of BWPs; responsive to the paging indicator message, switch the transceiver from the first BWP to a paging BWP of the plurality of BWPs, the paging BWP configured to carry paging messages, wherein switching from the first BWP to the paging BWP is not part of the planned hopping pattern; and receive, via the transceiver, a paging message in the paging BWP; wherein the paging BWP is a selected paging BWP from among a plurality of paging BWPs of the plurality of BWPs, wherein the carrier comprises a plurality of non-overlapping hop regions, each of the hop regions comprising a respective subset of BWPs of the plurality of BWPs, each of the respective subsets of BWPs comprising a respective paging BWP, wherein the first BWP is within a first hop region of the plurality of hop regions, and wherein the selected paging BWP is the respective paging BWP of the first hop region
Allowable Subject Matter
Claims 32-35 are allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CongVan Tran whose telephone number is (571) 272-7871. The examiner can normally be reached Mon-Th.
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UNITED STATES PATENT AND TRADEMARK OFFICE
/CONGVAN TRAN/
Primary Examiner, Art Unit 2647
Prosecution Insights