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 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 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims of U.S. Patent No. 10,856,322. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claimed limitations are similar in scope with obvious wording variations.
Instant Application
US 10,856,322
Claim 1. A terminal device comprising: circuitry configured to:
receive a master information block (MIB), a first system information block (SIB), and a second SIB from a base station of a wireless telecommunication system,
wherein the first SIB includes first scheduling information, the second SIB includes second scheduling information, and the first scheduling information and the second scheduling information relate to a timing of at least one additional block of system information, and
the MIB includes an information element indicating that the second SIB is being transmitted from the base station;
decode the MIB;
determine whether the information element included in the MIB indicates that the second SIB is being transmitted from the base station; and
ignore the first SIB and process the second SIB when it is determined that the information element indicates that the second SIB is being transmitted from the base station, wherein the second scheduling information included in the second SIB indicates a time domain window for receiving at least one additional block of system information.
Claim 1. A terminal device comprising: circuitry configured to:
receive a master information block (MIB), from a wireless telecommunication system, wherein the wireless telecommunication system is configured to transmit the MIB, a first system information block (SIB), and a second (SIB),
the first SIB includes first scheduling information, the second SIB includes second scheduling information, and the first scheduling information and the second scheduling information relate to a timing of at least one additional block of system information, and
the MIB includes an information element indicating that the second SIB is being transmitted from the wireless telecommunication system;
decode the MIB;
determine whether the information element included in the MIB indicates that the second SIB is being transmitted from the wireless telecommunication system; and
ignore the first SIB and process the second SIB when it is determined that the information element indicates that the second SIB is being transmitted from the wireless telecommunication system, wherein the second scheduling information included in the second SIB indicates a time domain window for receiving at least one additional block of system information.
Note that the table above only compared the conflicting claim 1. However, the Applicant is advised that the other independent and dependent claims in instant application also have their conflicting claims in US 10,856,322 and thus are rejected on a similar fashion as that in the table above, resulting in a double patenting rejection to all claims in instant application.
Further, Claims 1-20 are also rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims of U.S. Patent No. 10,433,331 and 9,980,282.
Thus, this double patenting rejection is necessary to prevent unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees.
Conclusion
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/ZHIREN QIN/Examiner, Art Unit 2411