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 1-6, 8-18, and 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 1, 1, 2, 2, 1, 5, 5, 5, 6, 7, 8, 9, 10, 11, 12, 1, 3 of U.S. Patent No. 12,010,745. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 1, ‘745’ claims integrated circuitry for a base station for use in a wireless telecommunications network which comprises a core network (lines 1-2);
base stations supported by the core network and each providing wireless connectivity within at least one base station cell where the cells are arranged into a master cell group under control of a master base station and a secondary cell group under control of a secondary base station; and a terminal device configured to communicate wirelessly with the base stations including by the use of a split radio bearer receivable at the secondary base station for splitting between the secondary base station and the master base station before delivery to the terminal device (lines 2-12);
wherein the base station is a secondary base station (line 7), and
the integrated circuitry comprises a controller element and a transceiver element and is configured to: enable the secondary base station to provide wireless connectivity within the cells of the secondary cell group (lines 6-7); and send a notification to the master base station of a requirement to alter data handling resources allocated for handling split radio bearers received from the secondary base station in one or both of the master base station and the terminal device, when the secondary base station exhausts a supply of unique parameter sets used in security ciphering of received split radio bearers (lines 13-20).
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 1, 1, 2, 2, 3, 4, 5, 6, 7, 8, 1, 9, 10, 11, 12, 13, 3, 4, 5 of U.S. Patent No. 10,834,771. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 1, ‘771’ claims integrated circuitry for a base station for use in a wireless telecommunications network which comprises a core network (lines 1-4);
base stations supported by the core network and each providing wireless connectivity within at least one base station cell where the cells are arranged into a master cell group under control of a master base station and a secondary cell group under control of a secondary base station (lines 5-10); and a terminal device configured to communicate wirelessly with the base stations including by the use of a split radio bearer receivable at the secondary base station for splitting between the secondary base station and the master base station before delivery to the terminal device (lines 11-16);
wherein the base station is a secondary base station (lines 5-10), and
the integrated circuitry comprises a controller element and a transceiver element and is configured to: enable the secondary base station to provide wireless connectivity within the cells of the secondary cell group; and send a notification to the master base station of a requirement to alter data handling resources allocated for handling split radio bearers received from the secondary base station in one or both of the master base station and the terminal device, when the secondary base station exhausts a supply of unique parameter sets used in security ciphering of received split radio bearers (lines 17-24).
Prior Art of Record
D1 NTT DOCOMO ET AL: "SCG change procedure over X2",
3GPP DRAFT; R3-142397_SCG CHANGE OVER X2, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE ; 650, ROUTE DES LUCIOLES ; F-06921 SOPHIA-ANTIPOLIS CEDEX ; FRANCE,
vol. RAN WG3, no. Shanghai, China; 20141006 - 20141011 27 September 2014 (2014-09-27), XP050870947,
Retrieved from the Internet:
URL:http://www.3gpp.org/ftp/tsg_ran/WG3_lu/TSGR3_85bis/Docs/ [retrieved on 2014-09-27]
D1 teaches a method for use in a wireless telecommunications network, the mobile telecommunications network comprising:
a core network;
base stations supported by the core network and each providing wireless connectivity within at least one base station cell where the cells are arranged into a master cell group under control of a master base station and a secondary cell group under control of a secondary base station; and
a terminal device configured to communicate wirelessly with the base stations including by the use of a split radio bearer receivable at the secondary base station for splitting between the secondary base station and the master base station before delivery to the terminal device; the method comprising (sec 2.4):
when the secondary base station exhausts a supply of unique parameter sets used in security ciphering of received split radio bearers, the secondary base station sends a notification to the master base station of a requirement to alter data handling resources allocated for handling split radio bearers received from the secondary base station in one or both of the master base station and the terminal device (fig. 1A, sec 2.4 Alt. 2: SeNB triggers SCG change, MeNB will assign new KeNB and automatically SeNB security context is updated); and
the master base station, in response to the notification, operates to effect an alteration in the said data handling resources (sec 2.4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD B ABELSON whose telephone number is (571)272-3165. The examiner can normally be reached M-F 8:00-4:30.
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/RONALD B ABELSON/Primary Examiner, Art Unit 2476
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