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 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 5, 6 and 13, respectively of U.S. Patent No. 11, 956,792. Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding claim 1, see entire claim (see claim 1 of the Patent 11,956,792 at col.19, lines 34-51).
Regarding claim 2, see entire claim (see claim 3 of the Patent 11,956,792 at col.19, lines 57-59).
Regarding claim 3, see entire claim (see claim 4 of the Patent 11,956,792 at col.19, lines 60-67).
Regarding claim 4, see entire claim (see claim 5 of the Patent 11,956,792 at col.20, lines 1-4).
Regarding claim 5, see entire claim (see claim 6 of the Patent 11,956,792 at col.20, lines 5-7).
Regarding claim 6, see entire claim (see claim 13 of the Patent 11,956,792 at col.20, line 51 to col. 21, line 4).
Regarding claim 7, see entire claim (see claim 4 of the Patent 11,956,792 at col.20, lines 1-4).
Regarding claim 8, see entire claim (see claim 6 of the Patent 11,956,792 at col.20, lines 5-7).
Regarding claim 9, see entire claim (see claim 1 of the Patent 11,956,792 at col.19, lines 34-51).
Regarding claim 10, see entire claim (see claim 4 of the Patent 11,956,792 at col.20, lines 1-4).
Regarding claim 11, see entire claim (see claim 6 of the Patent 11,956,792 at col.20, lines 5-7).
Regarding claim 12, see entire claim (see claim 1 of the Patent 11,956,792 at col.19, lines 34-51).
Regarding claim 13, see entire claim (see claim 6 of the Patent 11,956,792 at col.20, lines 5-7).
Regarding claim 14, see entire claim (see claim 4 of the Patent 11,956,792 at col.20, lines 1-4).
Regarding claim 1, Applicant merely broadens the scope of the claim 1 by eliminating two words: “punctured or” in the patented claim 1 of the Patent 11,956,792 and a similar context of the limitation “wherein the first resource comprises the second resource” is now used to replace “wherein the second resource is a part of the first resource”.
Regarding claims 2-5, these claims have the same limitations as those of the patented claims 3-6, respectively.
Regarding claim 6, Applicant merely broadens the scope of the claim 1 by eliminating two words: “punctured or”, in the patented claim 13 of the Patent 11,956,792, and a similar context of the limitation “wherein the first resource comprises the second resource” is now used to replace “wherein the second resource is a part of the first resource”.
Regarding claims 7-8, these claims have the same limitations as those of the patented claims 4 & 6, respectively.
Regarding claims 9 and 11, although, the US patent does not explicitly claim a non-transitory computer readable medium nor a system it would have been obvious to one skilled in the art before the effective filing date to claim the subject matter a non-transitory computer readable medium and a system claims as they are obvious variants where claiming a non-transitory computer readable medium and a system would yield a reasonable and predictable result.
Regarding claims 10-11, these claims have the same limitations as those of the patented claims 4 & 6, respectively.
Regarding claims 13-14, these claims have the same limitations as those of the patented claims 6 & 4, respectively.
Allowable subject matter
Claims 1-14 would be allowable if rewritten or amended to overcome the nonstatutory double patenting rejection, set forth in this Office action.
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhao et al. (US 2020/0374846 A1); Wang (US 2023/0039648 A1) are cited, and considered pertinent to the instant specification.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUC C HO whose telephone number is (571)272-3147. The examiner can normally be reached on M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Mui can be reached on 571-270-1420 (Gary.mui@uspto.gov). The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUC C HO/Primary Examiner, Art Unit 2465