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 .
DETAILED ACTION
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 03/14/2024 has been considered by Examiner and made of record in the application file.
Double Patenting
2. 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 e Terminal Disclaimer may be filled out completely online using web-screens. An e Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e Terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
3. Claims 1-7; 8-14; and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 and 7-8; 16-17, 3, 18, 5 and 19-20; 15, 2-5 and 7 respectively of U.S. Patent No. 11,917,549. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations are transparently found in the U.S. Patent No. 18/585,223 with obvious wording variations as shown in the following table.
U.S. Patent No. 11,917,549
Application No. 18/585,223
1. A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive, from a base station, one or more radio resource control messages comprising: at least one first power parameter indicating a first maximum total transmit power of a first group comprising one or more first cells of a first frequency band;
1. A method comprising: transmitting, by a base station to a wireless device, one or more radio resource control messages comprising: at least one first power parameter indicating a first maximum total transmit power of a first group comprising one or more first cells of a first frequency band;
and at least one second power parameter indicating a second maximum total transmit power of a second group comprising one or more second cells of a second frequency band different from the first frequency band;
and at least one second power parameter indicating a second maximum total transmit power of a second group comprising one or more second cells of a second frequency band different from the first frequency band;
determine a first total power for transmission of one or more first signals via the first group exceeding the first maximum total transmit power; scale first transmission power of at least one of the one or more first signals so that an updated first total power does not exceed the first maximum total transmit power;
and receiving: one or more first signals via the first group, wherein a first transmission power of at least one of the one or more first signals is scaled based on a first total power for transmission of the one or more first signals exceeding the first maximum total transmit power;
determine a second total power for transmission of one or more second signals via the second group exceeding the second maximum total transmit power; scale second transmission power of at least one of the one or more second signals so that an updated second total power does not exceed the second maximum total transmit power; and transmit the one or more first signals with the updated first total power and the one or more second signals with the updated second total power.
and one or more second signals via the second group, wherein a second transmission power of at least one of the one or more second signals is scaled based on a second total power for transmission of the one or more second signals exceeding the second maximum total transmit power.
U.S. Patent No. 10,685,540 Application No. 16/870,956
2-5, 7 and 8. 2-5, 6 and 7.
Claim 1 of the US Patent No. 11,917,549, the subject-matter of independent claim 1 relates to a wireless device with features fully corresponding to the method of claim 1 of application No.18/585,223. Therefore, the presented in relation to claim 1 of the US Patent No. 11,917,549 with the application claim 1 is the same.
U.S. Patent No. 11,917,549
Application No. 18/585,223
16. A base station comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the base station to: transmit, to a wireless device, one or more radio resource control messages comprising: at least one first power parameter indicating a first maximum total transmit power of a first group comprising one or more first cells of a first frequency band;
8. A base station comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the base station to: transmit, to a wireless device, one or more radio resource control messages comprising: at least one first power parameter indicating a first maximum total transmit power of a first group comprising one or more first cells of a first frequency band;
and at least one second power parameter indicating a second maximum total transmit power of a second group comprising one or more second cells of a second frequency band different from the first frequency band;
and at least one second power parameter indicating a second maximum total transmit power of a second group comprising one or more second cells of a second frequency band different from the first frequency band;
and receive: one or more first signals via the first group, wherein a first transmission power of at least one of the one or more first signals is scaled based on a first total power for transmission of the one or more first signals exceeding the first maximum total transmit power;
and receive: one or more first signals via the first group, wherein a first transmission power of at least one of the one or more first signals is scaled based on a first total power for transmission of the one or more first signals exceeding the first maximum total transmit power;
and one or more second signals via the second group, wherein a second transmission power of at least one of the one or more second signals is scaled based on a second total power for transmission of the one or more second signals exceeding the second maximum total transmit power.
and one or more second signals via the second group, wherein a second transmission power of at least one of the one or more second signals is scaled based on a second total power for transmission of the one or more second signals exceeding the second maximum total transmit power.
U.S. Patent No. 10,685,540 Application No. 16/870,956
17, 3, 18, 5 and 19-20. 9, 10, 11, 12 and 13-14.
U.S. Patent No. 11,917,549
Application No. 18/585,223
15. A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors, cause a wireless device to: receive, from a base station, one or more radio resource control messages comprising: at least one first power parameter indicating a first maximum total transmit power of a first group comprising one or more first cells of a first frequency band;
15. A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station, cause the base station to: transmit, to a wireless device, one or more radio resource control messages comprising: at least one first power parameter indicating a first maximum total transmit power of a first group comprising one or more first cells of a first frequency band;
and at least one second power parameter indicating a second maximum total transmit power of a second group comprising one or more second cells of a second frequency band different from the first frequency band;
and at least one second power parameter indicating a second maximum total transmit power of a second group comprising one or more second cells of a second frequency band different from the first frequency band;
determine a first total power for transmission of one or more first signals via the first group exceeding the first maximum total transmit power; scale first transmission power of at least one of the one or more first signals so that an updated first total power does not exceed the first maximum total transmit power;
and receive: one or more first signals via the first group, wherein a first transmission power of at least one of the one or more first signals is scaled based on a first total power for transmission of the one or more first signals exceeding the first maximum total transmit power;
determine a second total power for transmission of one or more second signals via the second group exceeding the second maximum total transmit power; scale second transmission power of at least one of the one or more second signals so that an updated second total power does not exceed the second maximum total transmit power; and transmit the one or more first signals with the updated first total power and the one or more second signals with the updated second total power.
and one or more second signals via the second group, wherein a second transmission power of at least one of the one or more second signals is scaled based on a second total power for transmission of the one or more second signals exceeding the second maximum total transmit power.
U.S. Patent No. 10,685,540 Application No. 16/870,956
2-5 and 7. 16-19 and 20.
Conclusion
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan H. Nguyen whose telephone number is (571) 272-8329. The examiner can normally be reached on 8:00Am - 5:00Pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pan Yuwen can be reached on (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/TUAN H NGUYEN/Primary Examiner, Art Unit 2649
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