DETAILED ACTION
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.
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 1, 4-14, 16, 19, 20, 22,25,26 and 29 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5-9, 11-13, 15, 16, 20, 22, 30, 33, 35, 38 and 40 of U.S. Patent No. 12,069,609. Although the claims at issue are not identical, they are not patentably distinct from each other because the broader limitations of the claims in the instant application are anticipated by the narrower patented claims as illustrated below:
Claim
Instant Application
Claim
US Patent No. 12,069,609
1
A user equipment (UE) for wireless communication, comprising: a memory; and at least one processor coupled to the memory, wherein the at least one processor is configured to: transmit an indication of one or more paging attributes for paging reception; and receive a response message, wherein the response message includes a UE group number, and wherein the UE group number is based on an expected mobility of the UE and the indication of the one or more paging attributes.
1
A user equipment (UE) for wireless communication, comprising: a memory; and at least one processor coupled to the memory, wherein the at least one processor is configured to: transmit, to a network, an indication of one or more paging attributes for paging reception; and receive, from the network, a response message, wherein the response message includes a UE group number, and wherein the UE group number is based on an expected mobility status of the UE and the indication of the one or more paging attributes.
2
The UE of claim 1, wherein the one or more paging attributes include at least one of: a paging probability of the UE, a power profile of the UE, a radio resource control (RRC) state of the UE, or a current mobility status of the UE.
4
The UE of claim 1, wherein the one or more paging attributes include a paging probability of the UE.
3
The UE of claim 2, wherein the one or more paging attributes include the paging probability of the UE.
5
The UE of claim 1, wherein the one or more paging attributes include a power profile of the UE.
15
The UE of claim 1, wherein the one or more paging attributes include a power profile of the UE.
6
The UE of claim 1, wherein the one or more paging attributes include a radio resource control (RRC) state of the UE.
16
The UE of claim 1, wherein the one or more paging attributes include a radio resource control (RRC) state of the UE.
7
The UE of claim 1, wherein the at least one processor is configured to select the one or more paging attributes for paging reception.
13
The UE of claim 1, wherein the at least one processor is configured to select the one or more paging attributes for paging reception.
8
The UE of claim 1, wherein the at least one processor is configured to: monitor, based on the UE group number, for at least one paging indication.
5
The UE of claim 1, wherein the at least one processor is configured to: monitor, based on the UE group number, for at least one paging indication.
9
The UE of claim 1, wherein the at least one processor is configured to: receive, based on the UE group number, at least one paging indication.
6
The UE of claim 1, wherein the at least one processor is configured to: receive, from the network based on the UE group number, at least one paging indication.
10
The UE of claim 9, wherein the at least one processor is configured to: identify, based on the at least one paging indication, whether a base station configured to serve the UE supports UE grouping.
7
The UE of claim 6, wherein the at least one processor is configured to: identify, based on the at least one paging indication, whether a base station of the network configured to serve the UE supports UE grouping.
11
The UE of claim 9, wherein the at least one processor is configured to: decode, based on the UE group number and the at least one paging indication, a paging message associated with the at least one paging indication.
8
The UE of claim 6, wherein the at least one processor is configured to: decode, based on the UE group number and the at least one paging indication, a paging message associated with the at least one paging indication.
12
The UE of claim 1, wherein, to transmit the indication of the one or more paging attributes, the at least one processor is configured to transmit non-access stratum (NAS) signaling including the indication of the one or more paging attributes.
9
The UE of claim 1, wherein, to transmit the indication of the one or more paging attributes to the network, the at least one processor is configured to transmit non-access stratum (NAS) signaling including the indication of the one or more paging attributes.
13
The UE of claim 1, wherein, to transmit the indication of the one or more paging attributes, the at least one processor is configured to transmit the indication of the one or more paging attributes when the UE is in a radio resource control (RRC) connected state.
11
The UE of claim 1, wherein, to transmit the indication of the one or more paging attributes to the network, the at least one processor is configured to transmit the indication of the one or more paging attributes to the network when the UE is in a radio resource control (RRC) connected state.
14
The UE of claim 1, wherein the at least one processor is configured to: initiate a radio resource control (RRC) connection to transmit the indication of the one or more paging attributes.
12
The UE of claim 1, wherein at least one processor is configured to: initiate a radio resource control (RRC) connection to transmit the indication of the one or more paging attributes.
16
A first network entity for wireless communication, comprising: a memory; and at least one processor coupled to the memory, wherein the at least one processor is configured to: receive an indication of one or more paging attributes for paging reception; and transmit a response message including a user equipment (UE) group number, wherein the UE group number is based on an expected mobility of a UE and the indication of the one or more paging attributes.
20
A first network entity for wireless communication, comprising: a memory; and at least one processor coupled to the memory, wherein the at least one processor is configured to: receive, from a user equipment (UE), an indication of one or more paging attributes for paging reception; and transmit, to the UE, a response message including a UE group number, wherein the UE group number is based on an expected mobility status of the UE and the indication of the one or more paging attributes.
21
The first network entity of claim 20, wherein the one or more paging attributes include at least one of: a paging probability of the UE, a power profile of the UE, a radio resource control (RRC) state of the UE, or a current mobility status of the UE.
19
The first network entity of claim 16, wherein the one or more paging attributes include a paging probability of the UE.
22
The first network entity of claim 21, wherein the one or more paging attributes include the paging probability of the UE.
20
The first network entity of claim 16, wherein the at least one processor is configured to: identify, based on the indication of the one or more paging attributes, the UE group number for paging reception.
30
The first network entity of claim 20, wherein the at least one processor is configured to: identify, based on the indication of the one or more paging attributes, the UE group number for paging reception.
22
A user equipment (UE) for wireless communication, comprising: a memory; and at least one processor coupled to the memory, wherein the at least one processor is configured to: transmit an indication of one or more paging attributes for paging reception; and receive a response message, wherein the response message includes a UE group number, and wherein the response message is based on an expected mobility of the UE and the indication of the one or more paging attributes.
33
A user equipment (UE) for wireless communication, comprising: a memory; and at least one processor coupled to the memory, wherein the at least one processor is configured to: transmit, to a network, an indication of one or more paging attributes for paging reception; and receive, from the network, a response message including a UE group number, wherein the response message is based on an expected mobility status of the UE and the indication of the one or more paging attributes.
34
The UE of claim 33, wherein the one or more paging attributes include at least one of: a paging probability of the UE, a power profile of the UE, a radio resource control (RRC) state of the UE, or a current mobility status of the UE.
25
The UE of claim 22, wherein the one or more paging attributes include a paging probability of the UE.
35
The UE of claim 34, wherein the one or more paging attributes include the paging probability of the UE.
26
A first network entity for wireless communication, comprising: a memory; and at least one processor coupled to the memory, wherein the at least one processor is configured to: receive an indication of one or more paging attributes for paging reception; and transmit a response message including a user equipment (UE) group number, wherein the response message is based on an expected mobility of a UE and the indication of the one or more paging attributes.
38
A first network entity for wireless communication, comprising: a memory; and at least one processor coupled to the memory, wherein the at least one processor is configured to: receive, from a user equipment (UE), an indication of one or more paging attributes for paging reception; and transmit, to the UE, a response message including a UE group number, wherein the response message is based on an expected mobility status of the UE and the indication of the one or more paging attributes.
39
The first network entity of claim 38, wherein the one or more paging attributes include at least one of: a paging probability of the UE, a power profile of the UE, a radio resource control (RRC) state of the UE, or a current mobility status of the UE.
29
The first network entity of claim 26, wherein the one or more paging attributes include a paging probability of the UE.
40
The first network entity of claim 39, wherein the one or more paging attributes include the paging probability of the UE.
Claims 2, 3, 15, 17, 18, 21, 23, 24, 27 and 28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 18, 20, 32, 33 and 38 of U.S. Patent No. 12,069,609 in view of Lanev et al. (US 2021/03377371, “Ianev” hereinafter).
Regarding claims 15 and 21, claims 18 and 32 of US patent No. 12,069,609 cover all limitations except the expected mobility of the UE is stationary or mobile. However, such limitation is well-known. Ianev teaches AMF may retrieve subscriber information such as UE mobility status needed for RRC inactivity assistance ([0045]), wherein the information indicating the status of the expected mobility of the UE indicates at least whether the UE is expected to be stationary or mobile (claim 52). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to recognize the expected mobility of the UE is stationary or mobile, such that this information may be used for RRC inactivity assistance.
Regarding claim 2, 3, 17, 18, 23, 24, 27 and 28, claims 1, 20, 33 and 38 of US Patent No. 12,069,609 teach all limitations except specifically indicate the expected mobility of the UE is stationary or mobile. As Ianev teaches the expected mobility of the US is either stationary or mobile (claim 52), all limitations are met.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shi et al. (US 2022/0377666) discloses UE grouping, He (US Patent No. 12,376,039) teaches power saving enhancement for paging reception, Kuang et al. (US 2024/0172180) teaches paging method, and Peng et al. (US 2023/0354190) discloses paging indication information grouping techniques.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Chieh M Fan whose telephone number is (571)272-3042. The examiner can normally be reached 6:30-3:00 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHIEH M FAN/ Supervisory Patent Examiner, Art Unit 2632
Prosecution Insights