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 .
Response to Arguments
Applicant’s arguments, see page 7-9, filed on 3/2/2026, with respect to objection to claim 3, 35 U.S.C. 112(b) rejection of claims 2-8, and 35 U.S.C. 101 rejection of claim 14 have been fully considered and are persuasive. The objection to claim 3, 35 U.S.C. 112(b) rejection of claims 2-8, and 35 U.S.C. 101 rejection of claim 14 has been withdrawn.
Applicant’s arguments with respect to claims 1-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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Claims 1 and 13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13/12/1 of copending Application No. 18/289054 (claims filed on 10/31/2023) in view of Choi et al. (US 2015/0304016 A1).
Claim
Instant Application
Claim
US Patent Application 18/569762
1
A communication control apparatus configured to perform:
estimating an emergency information distribution area where a moving station capable of communicating with a communication device is located; and
having the moving station distribute emergency information for the estimated emergency information distribution area,
wherein the moving station is not a user equipment and is a base station or a relay station that expands an area of a fixed communication cell of another base station.
13/
12/
1
A communication control apparatus comprising at least one processor that performs: by a position estimation target identification unit, identifying a position estimation target equipped with a communication function; by a position estimation policy setting unit, setting a position estimation policy for the identified position estimation target; and by a position estimation unit, estimating a position of the position estimation target in accordance with the set position estimation policy.
The communication control apparatus according to claim 1, wherein
the position estimation target identification unit identifies a moving station that can communicate with a communication device as the position estimation target, and
the position estimation unit estimates an emergency information distribution area where the moving station is located in accordance with the position estimation policy set for the identified moving station.
The communication control apparatus according to claim 12, wherein the at least one processor performs, by an emergency information distribution control unit, having the moving station distribute emergency information for the estimated emergency information distribution area.
13
A communication control method comprising:
estimating an emergency information distribution area where a moving station capable of communicating with a communication device is located; and
having the moving station distribute emergency information for the estimated emergency information distribution area,
wherein the moving station is not a user equipment and is a base station or a relay station that expands an area of a fixed communication cell of another base station.
13/
12/
1
A communication control apparatus comprising at least one processor that performs: by a position estimation target identification unit, identifying a position estimation target equipped with a communication function; by a position estimation policy setting unit, setting a position estimation policy for the identified position estimation target; and by a position estimation unit, estimating a position of the position estimation target in accordance with the set position estimation policy.
The communication control apparatus according to claim 1, wherein
the position estimation target identification unit identifies a moving station that can communicate with a communication device as the position estimation target, and
the position estimation unit estimates an emergency information distribution area where the moving station is located in accordance with the position estimation policy set for the identified moving station.
The communication control apparatus according to claim 12, wherein the at least one processor performs, by an emergency information distribution control unit, having the moving station distribute emergency information for the estimated emergency information distribution area.
(1) Regarding claim 1:
Claim 13/12/1 of US Patent Application 18/289,054 discloses all subject matter of claim 1 as shown in above comparison, but fails to disclose the moving station is not a user equipment and is a base station or a relay station that expands an area of a fixed communication cell of another base station.
However, in the same field of endeavor, Choi teaches using a relay system 20 to relay for relaying signal from base station 10 to user equipment 30 as shown in figure 4 (para. 0043-0044).
It is desirable for the moving station is a base station or a relay station that expands an area of a fixed communication cell of another base station because it improves throughputs and extends cell coverages at cell edges (para. 0004). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the relay of Choi in the method of Claim 13/12/1 of US Patent Application 18/289,054 for the benefit of improving throughputs and extending cell coverages at cell edges.
(2) Regarding claim 13:
Claim 13/12/1 of US Patent Application 18/289,054 discloses all subject matter of claim 13 as shown in above comparison, but fails to disclose the moving station is not a user equipment and is a base station or a relay station that expands an area of a fixed communication cell of another base station.
However, in the same field of endeavor, Choi teaches using a relay system 20 to relay for relaying signal from base station 10 to user equipment 30 as shown in figure 4 (para. 0043-0044).
It is desirable for the moving station is a base station or a relay station that expands an area of a fixed communication cell of another base station because it improves throughputs and extends cell coverages at cell edges (para. 0004). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the relay of Choi in the method of Claim 13/12/1 of US Patent Application 18/289,054 for the benefit of improving throughputs and extending cell coverages at cell edges.
This is a provisional nonstatutory double patenting rejection.
Claim 14 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13/12/1 of copending Application No. 18/289,054 in view of Choi et al. (US 2015/0304016 A1) and Langberg et al. (US 5,852,630).
Claim
Instant Application
Claim
US Patent Application 18/569762
20
A non-transitory computer-readable medium storing a communication control program causing a computer to perform:
estimating an emergency information distribution area where a moving station capable of communicating with a communication device is located; and
having the moving station distribute emergency information for the estimated emergency information distribution area,
wherein the moving station is not a user equipment and is a base station or a relay station that expands an area of a fixed communication cell of another base station.
13/
12/
1
A communication control apparatus comprising at least one processor that performs:
by a position estimation target identification unit, identifying a position estimation target equipped with a communication function; by a position estimation policy setting unit, setting a position estimation policy for the identified position estimation target; and by a position estimation unit, estimating a position of the position estimation target in accordance with the set position estimation policy.
The communication control apparatus according to claim 1, wherein
the position estimation target identification unit identifies a moving station that can communicate with a communication device as the position estimation target, and
the position estimation unit estimates an emergency information distribution area where the moving station is located in accordance with the position estimation policy set for the identified moving station.
The communication control apparatus according to claim 12, wherein the at least one processor performs, by an emergency information distribution control unit, having the moving station distribute emergency information for the estimated emergency information distribution area.
Regarding claim 14:
Claim 13/12/1 of US Patent Application 18/289,054 discloses all subject matter of claim 14 as shown in above comparison, except (a) the method is implemented by a computer readable medium storing a communication control program executable by a computer, and (b) the moving station is not a user equipment and is a base station or a relay station that expands an area of a fixed communication cell of another base station.
With respect to (a), Langberg discloses a method and apparatus for a transceiver warm start activation procedure with precoding can be implemented in software stored in a computer-readable medium and run by a digital signal processor (DSP); the computer-readable medium is an electronic, magnetic, optical, or other physical device or means that can be contain or store a computer program for use by or in connection with a computer-related system or method (column 3, lines 51-65). One skilled in the art would have clearly recognized that the method of Claim 13/12/1 of US Patent Application 18/289,054 would have been implemented by software. The implemented software would perform same function of the hardware for less expense, adaptability, and flexibility. Therefore, it would have been obvious to have used the software as taught by Langberg to implement the method of Claim 13/12/1 of US Patent Application 18/289,054 for the benefit for reducing cost and improving the adaptability and flexibility of the communication system.
With respect to (b), in the same field of endeavor, Choi teaches using a relay system 20 to relay for relaying signal from base station 10 to user equipment 30 as shown in figure 4 (para. 0043-0044).
It is desirable for the moving station is a base station or a relay station that expands an area of a fixed communication cell of another base station because it improves throughputs and extends cell coverages at cell edges (para. 0004). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the relay of Choi in the method of Claim 13/12/1 of US Patent Application 18/289,054 for the benefit of improving throughputs and extending cell coverages at cell edges.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 4-5, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over NPL (JP2016-178522A) (the quoted recitation are from the attached translated copy of the NPL document) in view of Choi et al. (US 2015/0304016 A1).
(1) Regarding claims 1 and 13:
NPL discloses A communication control apparatus configured to perform:
estimating a distance from the transmission source of the newly received distribution information to the terminal 2 where a moving station (terminal 2) capable of communicating with a communication device is located (step S8 in figure 5, position acquisition step; the terminal 2 comprise a transmit unit 26 capable of performing transfer processing of the distribution information (step S12 output step, page 28, last paragraph to page 29, first paragraph); and
having the moving station distribute emergency information for the estimated emergency information distribution area (When the distance from the transmission source to the terminal 2 is shorter (step S9; No output control step), the output control unit 23 sends the distribution information and the ring instruction received by the reception unit 21 to the ring unit 25. The distribution information received by the reception unit 21 and the transfer instruction are sent to the transfer unit 26. In response to this, the ringing unit 25 performs ringing processing based on the distribution information (step S11 output step), and the transfer unit 26 performs transfer processing of the distribution information (step S12 output step), page 29, 1st paragraph)).
NPL fails to disclose (a) estimating the claimed emergency information distribution area, and (b) the moving station is not a user equipment and is a base station or a relay station that expands an area of a fixed communication cell of another base station.
With respect to (a), NPL estimated the distance between the transmission source of the distribution information and the location of the terminal 2, one of ordinary skill in the art would recognize the estimated distance as a radius of the n area, that is the terminal 2 is within the area represented by the radius (distance between the transmission source of the distribution information and the location of the terminal 2), thus satisfied the claimed limitation for the benefit of reducing the potential of false alarm (page 19 last paragraph to page 20, 1st paragraph).
With respect to (b), in the same field of endeavor, Choi teaches using a relay system 20 to relay for relaying signal from base station 10 to user equipment 30 as shown in figure 4 (para. 0043-0044).
It is desirable for the moving station is a base station or a relay station that expands an area of a fixed communication cell of another base station because it improves throughputs and extends cell coverages at cell edges (para. 0004). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the relay as taught by Choi in the method of NPL for the benefit of improving throughputs and extending cell coverages at cell edges.
(2) Regarding claim 14:
NPL discloses a computer-readable medium storing a communication control program (RAM 102 with software, page 24, 4th paragraph) causing a computer (CPU 101, page 24, 4th paragraph) to perform:
estimating a distance from the transmission source of the newly received distribution information to the terminal 2 where a moving station (terminal 2) capable of communicating with a communication device is located (step S8 in figure 5, position acquisition step; the terminal 2 comprise a transmit unit 26 capable of performing transfer processing of the distribution information (step S12 output step, page 28, last paragraph to page 29, first paragraph); and
having the moving station distribute emergency information for the estimated emergency information distribution area (When the distance from the transmission source to the terminal 2 is shorter (step S9; No output control step), the output control unit 23 sends the distribution information and the ring instruction received by the reception unit 21 to the ring unit 25. The distribution information received by the reception unit 21 and the transfer instruction are sent to the transfer unit 26. In response to this, the ringing unit 25 performs ringing processing based on the distribution information (step S11 output step), and the transfer unit 26 performs transfer processing of the distribution information (step S12 output step), page 29, 1st paragraph)).
NPL fails to disclose (a) estimating the claimed emergency information distribution area, and (b) the moving station is not a user equipment and is a base station or a relay station that expands an area of a fixed communication cell of another base station.
With respect to (a), NPL estimated the distance between the transmission source of the distribution information and the location of the terminal 2, one of ordinary skill in the art would recognize the estimated distance as a radius of the n area, that is the terminal 2 is within the area represented by the radius (distance between the transmission source of the distribution information and the location of the terminal 2), thus satisfied the claimed limitation for the benefit of reducing the potential of false alarm (page 19 last paragraph to page 20, 1st paragraph).
With respect to (b), in the same field of endeavor, Choi teaches using a relay system 20 to relay for relaying signal from base station 10 to user equipment 30 as shown in figure 4 (para. 0043-0044).
It is desirable for the moving station is a base station or a relay station that expands an area of a fixed communication cell of another base station because it improves throughputs and extends cell coverages at cell edges (para. 0004). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the relay as taught by Choi in the method of NPL for the benefit of improving throughputs and extending cell coverages at cell edges.
(3) Regarding claim 12:
NPL and Choi discloses all subject matter of claim 1, and NPL further discloses the moving station is installed to a movable object (a mobile communication terminal such as a mobile phone, page 22, 5th paragraph; the examiner interprets the terminal 2 as a UE carry by a user).
(4) Regarding claim 2 (the examiner interprets the “which” are referring to the emergency information distribution area):
NPL and Choi disclose all subject matter of claim 1, and NPL further discloses:
the moving station is connectable to a fixed base station that statically belongs to a specific emergency information distribution area (When a disaster such as an earthquake / tsunami occurs, for example, emergency broadcasts (information related to disasters) are broadcast from mobile base stations (BTS / eNodeB) by mobile communication (mobile network) using the CBS (Cell Broadcast Service) method, page 19, 3rd paragraph), and
the communication control apparatus is configured to estimate that the moving station is located in the emergency information distribution area (within the distance between the base station and the terminal 2) to which the fixed base station to which the moving station is connected belongs (such as eNodeB 1A or 1b as shown in figure 1) (step S8 in figure 5, position acquisition step; the terminal 2 comprise a transmit unit 26 capable of performing transfer processing of the distribution information (step S12 output step, page 28, last paragraph to page 29, 1st paragraph; such as the eNodeB 1A and terminal 2A is within the area X).
(5) Regarding claim 4:
NPL and Choi disclose all subject matter of claim 2, and further discloses the communication control apparatus is configured to have the moving station distribute the emergency information acquired from the fixed base station (The distribution information received by the reception unit 21 and the transfer instruction are sent to the transfer unit 26. In response to this, the ringing unit 25 performs ringing processing based on the distribution information (step S11 output step), and the transfer unit 26 performs transfer processing of the distribution information (step S12 output step), page 29, 1st paragraph).
(6) Regarding claim 5:
NPL and Choi disclose all subject matter of claim 4, and further discloses the communication control apparatus is configured to have the moving station distribute the emergency information, acquired by the moving station from the fixed base station, for the emergency information distribution area different from the emergency information distribution area to which such fixed base station belongs (as shown in figure 1, each terminal 2A and 2B has its own distribution area that is different from the distribution area of eNodeB 1A (area X as shown in figure 1; The distribution information received by the reception unit 21 and the transfer instruction are sent to the transfer unit 26. In response to this, the ringing unit 25 performs ringing processing based on the distribution information (step S11 output step), and the transfer unit 26 performs transfer processing of the distribution information (step S12 output step), page 29, 1st paragraph).
Allowable Subject Matter
Claims 3 and 6-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. 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 SIU M LEE whose telephone number is (571)270-1083. The examiner can normally be reached M-T 8:30-7:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh M Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIU M LEE/Primary Examiner, Art Unit 2632 3/26/2026
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