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 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,979,869. Although the claims at issue are not identical, they are not patentably distinct from each other because.
For claims 1 and 11, U.S. Patent No. 11,979,869 discloses: determine time and frequency resources to use for device-to-device communications based on (i) first information indicative of any of an availability of at least some time and frequency resources of a plurality of time and frequency resources and an unavailability of at most some of the plurality of time and frequency resources, (ii) a number of transmission periods within a scheduling period, and (iii) a periodicity of the transmission periods within the scheduling period; transmit second information during a plurality of the transmission periods, wherein the second information indicates the time and frequency resources and a duration of the scheduling period; and transmit data via device-to-device communications during the plurality of the transmission periods using the time and frequency resources (claim 1: determine time and frequency resources to use for device-to-device communications based on (i) first information indicative of any of an availability of at least some time and frequency resources of a plurality of time and frequency resources and an unavailability of at most some of the plurality of time and frequency resources, (ii) a number of transmission periods within a scheduling period, and (iii) a periodicity of the transmission periods within the scheduling period; transmit second information during a plurality of the transmission periods, wherein the second information indicates the time and frequency resources and a duration of the scheduling period; and transmit data via device-to-device communications during the plurality of the transmission periods using the time and frequency resources).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 9 of U.S. Patent No. 10,462,802. Although the claims at issue are not identical, they are not patentably distinct from each other because.
For claims 1 and 11, U.S. Patent No. 10,462,802 discloses: determine time and frequency resources to use for device-to-device communications based on (i) first information indicative of any of an availability of at least some time and frequency resources of a plurality of time and frequency resources and an unavailability of at most some of the plurality of time and frequency resources, (ii) a number of transmission periods within a scheduling period, and (iii) a periodicity of the transmission periods within the scheduling period; transmit second information during a plurality of the transmission periods, wherein the second information indicates the time and frequency resources and a duration of the scheduling period; and transmit data via device-to-device communications during the plurality of the transmission periods using the time and frequency resources (claim 1: determine whether the first WTRU has D2D data to transmit to a second WTRU; and on a condition that the first WTRU has D2D data to transmit to the second WTRU: autonomously select a subset of scheduling assignment (SA) resources for transmission of an SA to the second WTRU from a pre-configured set of allowed SA resources, transmit the SA to the second WTRU according to a first transmission period using the autonomously selected subset of SA resources; determine a set of allowed device-to-device (D2D) data resources for D2D data transmission to the second WTRU, autonomously select one or more transmission patterns for D2D data transmission to the second WTRU, autonomously select one or more transmission parameters for D2D data transmission to the second WTRU, and transmit D2D data to the second WTRU over the set of allowed D2D data resources according to a second transmission period using the autonomously selected one or more transmission patterns, and according to the autonomously selected one or more transmission parameters) (claim 3: wherein a transmission pattern comprises a time pattern) (claim 9: wherein the set of allowed D2D data resources for D2D data transmission to the second WTRU or the set of allowed SA resources for transmission of an SA to the second WTRU are pre-configured).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,277,849. Although the claims at issue are not identical, they are not patentably distinct from each other because.
For claims 1 and 11, U.S. Patent No. 11,277,849 discloses: determine time and frequency resources to use for device-to-device communications based on (i) first information indicative of any of an availability of at least some time and frequency resources of a plurality of time and frequency resources and an unavailability of at most some of the plurality of time and frequency resources, (ii) a number of transmission periods within a scheduling period, and (iii) a periodicity of the transmission periods within the scheduling period; transmit second information during a plurality of the transmission periods, wherein the second information indicates the time and frequency resources and a duration of the scheduling period; and transmit data via device-to-device communications during the plurality of the transmission periods using the time and frequency resources (claim 1: determine, for an upcoming scheduling period, a transmission period resource and a periodicity for the transmission period resource to use for transmissions during a plurality of transmission periods within the scheduling period; transmit a scheduling assignment transmission indicating the transmission period resource, wherein the scheduling assignment transmission is transmitted during any one or more transmission periods of the plurality of transmission periods in which the WTRU has data to transmit via device-to-device communications; and transmit data via a device-to-device communications using the transmission period resource, wherein the data is transmitted during any one or more transmission periods of the plurality of transmission periods in which the scheduling assignment transmission indicating the transmission period resource is transmitted) (claim 2: receive one or more transmissions of one or more prior transmission periods to determine which resources are available, and wherein the circuitry is configured to determine the transmission period resource and the periodicity for the transmission period resource for the upcoming scheduling period based on the resources determined to be available) (claim 10: wherein each of the plurality of transmission periods defines a set of N successive time resources, and wherein the transmission period resource is subset of the set of N successive time resources).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ko et al. (US 2015/0092689); Ko discloses D2D scheduling of resources. Yilmaz et al. (US 2016/0143052); Yilmaz discloses D2D scheduling of discontinuous reception and restricted periods.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN D BLANTON whose telephone number is (571)270-3933. The examiner can normally be reached 7am-6pm EST, Mon-Thu.
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/JOHN D BLANTON/ Primary Examiner, Art Unit 2466