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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/18/2026 has been entered.
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 obviousness-type 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); 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims (1-11) are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable claims (1-6) US Patent No. 12/732,999 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the US Patent No. 12/732,999 B2 with obvious wording variations. Take an example of comparing claim (1) of pending application and claim (1) of US Patent No. 12/732,999 B2:
Pending Application (18/533,501)
US Patent No. 12/732,999 B2
Analysis
1. (currently amended) A communication apparatus comprising:
a receiver configured to:
receive, from a base station, a radio resource control (RRC) message including information configuring a duration in unit of slots for skipping of physical downlink control channel (PDCCH) monitoring; and
receive, from the base station, a downlink control information (DCI) format
including an information field related to the skipping of the PDCCH monitoring;
a controller configured to start the skipping of PDCCH monitoring for the duration
on a downlink bandwidth part (BWP) of a serving cell in a case where the duration is
configured and a value indicating the skipping of the PDCCH monitoring for the duration
is set in the information field; and
a transmitter configured to transmit, to the base station, a scheduling request
(SR);
wherein the controller is configured to:
resume the PDCCH monitoring in a case where the duration is configured and a
positive SR is transmitted on a physical uplink control channel (PUCCH) after receiving
the DCI format including the information field in which the value indicating the skipping
of the PDCCH monitoring for the duration is set; and
resume the PDCCH monitoring in a case where the duration is configured and a
random access procedure is initiated after receiving the DCI format including the
information field in which the value indicating the skipping of the PDCCH monitoring for
the duration is set, the random access procedure being initiated in a case where no
PUCCH resource is available for transmission of the SR.
1. A communication apparatus comprising: a receiver configured to: receive, from a base station, a radio resource control (RRC) message including first information and second information, the first information configuring a plurality of cell groups, the second information configuring a duration in unit of slots for skipping of physical downlink control channel (PDCCH) monitoring, and receive, from the base station, a downlink control information (DCI) format including an information field related to the skipping of the PDCCH monitoring, a controller configured to start the skipping of the PDCCH monitoring for the duration on a downlink bandwidth part (BWP) of a serving cell in a case where the duration is configured and a value indicating the skipping of the PDCCH monitoring for the duration is set in the information field, and a transmitter configured to transmit, to the base station, a positive scheduling request (SR), wherein the controller is configured to, in a case where the duration is configured and the positive SR is transmitted on a physical uplink control channel (PUCCH) after receiving the DCI format including the information field in which the value is set, resume the PDCCH monitoring in all serving cells of a cell group corresponding to the transmission of the positive SR, the cell group being one of the plurality of cell groups configured based on-determined according to the first information.
Here, both claims relate to receiving RRC messaging including information related to the configuration of duration and skipping physical downlink control channel (PDCCH).
The claims of the application (18/533,501) encompass the same subject matter except the instant claims are identical and encompassed by US Patent No. 12/732,999 B except the instant claims are broader and fully encompassed by US Patent 10,634,460 B2. Specifically, application 14/669,372 discloses a “receive, from a base station, a radio resource control (RRC) message including information configuring a duration in unit of slots for skipping of physical downlink control channel (PDCCH) monitoring” whereas US Patent No. 12/732,999 B2 claims include “receive, from a base station, a radio resource control (RRC) message including first information and second information, the first information configuring a plurality of cell groups, the second information configuring a duration in unit of slots for skipping of physical downlink control channel (PDCCH) monitoring” and “resume the PDCCH monitoring in all serving cells of a cell group corresponding to the transmission of the positive SR”. The aforementioned omissions, however, do not entirely change the results of each invention and both inventions, minus stated variations, have the exact same purpose and provide identical results. Therefore, it would have been obvious to one ordinary skill in the art at the time of the invention to implement the US Patent No. 12/732,999 B2’s apparatus for “receiving” RRC messaging because it would be an obvious variant or choice to “resume the PDCCH monitoring in all serving cells of a cell group” and incorporate 18/533,501’s apparatus for receiving RRC messaging.
Examiner Note:
Regarding claim 1, the prior art of reference does not disclose singly or in combination to resume the PDCCH monitoring in a case where the duration is configured and a
positive SR is transmitted on a physical uplink control channel (PUCCH) after receiving
the DCI format including the information field in which the value indicating the skipping
of the PDCCH monitoring for the duration is set; and resume the PDCCH monitoring in a case where the duration is configured and a random access procedure is initiated after receiving the DCI format including the information field in which the value indicating the skipping of the PDCCH monitoring for
the duration is set, the random access procedure being initiated in a case where no
PUCCH resource is available for transmission of the SR.
Regarding claim 5, the prior art of reference does not disclose singly or in combination to resume the PDCCH monitoring in a case where the duration is configured and a
positive SR is transmitted on a physical uplink control channel (PUCCH) after receiving
the DCI format including the information field in which the value indicating the skipping
of the PDCCH monitoring for the duration is set; and resume the PDCCH monitoring in a case where the duration is configured and a random access procedure is initiated after receiving the DCI format including the information field in which the value indicating the skipping of the PDCCH monitoring for
the duration is set, the random access procedure being initiated in a case where no
PUCCH resource is available for transmission of the SR.
Regarding claim 9, the prior art of reference does not disclose singly or in combination to resume the PDCCH monitoring in a case where the duration is configured and a
positive SR is transmitted on a physical uplink control channel (PUCCH) after receiving
the DCI format including the information field in which the value indicating the skipping
of the PDCCH monitoring for the duration is set; and resume the PDCCH monitoring in a case where the duration is configured and a random access procedure is initiated after receiving the DCI format including the information field in which the value indicating the skipping of the PDCCH monitoring for
the duration is set, the random access procedure being initiated in a case where no
PUCCH resource is available for transmission of the SR.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to K. WILFORD SHAHEED whose telephone number is (469)295-9175. The examiner can normally be reached on Monday-Friday 9 am-5pm; CST; ALT Friday. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. The examiner’s Supervisor Jinsong Hu can be reached at (571)272-3965 where attempts to reach the examiner are unsuccessful.
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/KHALID W SHAHEED/Primary Examiner, Art Unit 2643
