DETAILED ACTION
This office action is a response to the amendment and arguments filed on June 22, 2026.
Claims 4-10 are pending.
Claims 4-10 are rejected.
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 5, filed June 22, 2026 with respect to the double patenting rejection have been fully considered but they are not persuasive. Applicant states that a terminal disclaimer would be filed with the reply. No terminal disclaimer has been filed thus the rejection is maintained.
Applicant’s arguments, see page 5, filed June 22, 2026, with respect to the rejection of Claims 5-7 under 35 U.S.C. §112(d) have been fully considered and are persuasive. The rejection of Claims 5-7 under 35 U.S.C. §112(d) has been withdrawn.
Applicant’s arguments, see page 6-8, filed June 22, 2026, with respect to the rejection of Claims 4-10 under 35 U.S.C. §103 have been fully considered and are persuasive. The rejection of Claims 4-10 under 35 U.S.C. §103 has been withdrawn.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 4-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,985,533. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the Instant application are obvious variations of the claims of the Patent. The table below shows only Example (sample) of Claims which are anticipated by of US 11,985,533.
Present Claims
US 11,985,533
4. A radio communication system comprising: a plurality of radio devices each detecting an interference source signal transmitted by an interference source and each generating detection information indicating, for each of a plurality of time slots, an interference detection status on whether the signal from the interference source is detected by the radio device during the respective time slot; an aggregation device configured to receive the detection information from each of the plurality of radio devices, and generate an estimation of an air time of the interference source by aggregating the detection information received from the plurality of radio devices, wherein generating the estimation of the air time of the interference source comprises, for each of the plurality of time slots, determining that the interference source signal is present for the respective time slot if at least one of the plurality of radio devices detects the interference source signal during the respective time slot.
1. A radio communication system comprising: a plurality of radio devices, wherein: each radio device among the plurality of radio devices is configured to detect an interference source signal transmitted by an interference source while the radio device is not performing transmission/reception of communications signals; at least a first radio device and a second radio device among the plurality of radio devices are each configured to generate a respective piece of air time information specifying whether the interference source signal is detected or not detected for each predetermined time unit; and for at least one predetermined time unit, only one of the first radio device or the second radio device is (i) not performing transmission/reception of communications signals and (ii) generating the respective piece of air time information; and an aggregation device configured to estimate air time of the interference source by acquiring the respective pieces of air time information from the first and second radio devices and aggregate the acquired respective pieces of air time information by computing a logical sum of the acquired pieces of air time information for each predetermined time unit, wherein a result of the logical sum indicates that the interference source signal is present during the at least one predetermined time unit based on the interference source signal being detected, during the at least one predetermined time unit, by (i) the first radio device but not the second radio device or (ii) the second radio device but not the first radio device.
8. An aggregation device connected to a plurality of radio devices, the plurality of radio devices each detecting an interference source signal transmitted by an interference source and each generating detection information indicating, for each of a plurality of time slots, an interference detection status on whether the signal from the interference source is detected by the radio device during the respective time slot, the aggregation device comprising: circuitry configured to receive the detection information from each of the plurality of radio devices, and generate an estimation of an air time of the interference source by aggregating the detection information received from the plurality of radio devices, wherein generating the estimation of the air time of the interference source comprises, for each of the plurality of time slots, determining that the interference source signal is present for the respective time slot if at least one of the plurality of radio devices detects the interference source signal during the respective time slot.
9. An aggregation device connected to a plurality of radio devices, wherein: each radio device among the plurality of radio devices is configured to detect an interference source signal transmitted by an interference source while the radio device is not performing transmission/reception of communications signals, at least a first radio device and a second radio device among the plurality of radio devices are each configured to generate a respective piece of air time information specifying whether the interference source signal is detected or not detected for each predetermined time unit, and for at least one predetermined time unit, only one of the first radio device or the second radio device is (i) not performing transmission/reception of communications signals and (ii) generating the respective piece of air time information, the aggregation device is configured to perform operations comprising: estimating air time of the interference source by acquiring the respective pieces of air time information from the first and second radio devices and aggregate the acquired respective pieces of air time information by computing a logical sum of the acquired pieces of air time information for each predetermined time unit, wherein a result of the logical sum indicates that the interference source signal is present during the at least one predetermined time unit based on the interference source signal being detected, during the at least one predetermined time unit, by (i) the first radio device but not the second radio device or (ii) the second radio device but not the first radio device.
9. A radio communication method comprising: causing a plurality of radio devices respectively to detect an interference source signal transmitted by an interference source; causing the plurality of radio devices respectively to generate detection information indicating, for each of a plurality of time slots, an interference detection status on whether the signal from the interference source is detected by the radio device during the respective time slot; acquiring the detection information from each of the plurality of radio devices, respectively; and generating an estimation of an air time of the interference source by aggregating the detection information received from the plurality of radio devices, wherein generating the estimation of the air time of the interference source comprises, for each of the plurality of time slots, determining that the interference source signal is present for the respective time slot if at least one of the plurality of radio devices detects the interference source signal during the respective time slot.
10. An interference source air time acquisition method comprising the steps of: by each radio device among a plurality of radio devices, detecting an interference source signal transmitted by an interference source while the radio device is not performing transmission/reception of communications signals, wherein at least a first radio device and a second radio device among the plurality of radio devices each generate a respective piece of air time information specifying whether the interference source signal is detected or not detected for each predetermined time unit, and for at least one predetermined time unit, only one of the first radio device or the second radio device is (i) not performing transmission/reception of communications signals and (ii) generating the respective piece of air time information; and by an aggregation device connected to the plurality of radio devices, air time of the interference source by acquiring the respective pieces of air time information from the first and second radio devices and aggregate the acquired respective pieces of air time information by computing a logical sum of the acquired pieces of air time information for each predetermined time unit, wherein a result of the logical sum indicates that the interference source signal is present during the at least one predetermined time unit based on the interference source signal being detected, during the at least one predetermined time unit, by (i) the first radio device but not the second radio device or (ii) the second radio device but not the first radio device.
Regarding Claims 4-10, Claims 1-10 of U.S. Patent No. 11,985,533 disclose all the limitations of Claims 4-10 by eliminating limitations. It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 186 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not needed would have been obvious to one skilled in the art.
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.
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IVAN O. LATORRE
Primary Examiner
Art Unit 2409
/IVAN O LATORRE/Primary Examiner, Art Unit 2409
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