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 from pending
Application No. 18/755,274
Claims from U.S.
Patent No. 12,063,702
1. A method comprising: receiving, by the wireless device from an integrated access backhaul (IAB) node, backhaul link failure information indicating a radio link failure between an IAB donor node and the IAB node; and transmitting, by the wireless device, a radio link failure report indicating the backhaul link failure between the IAB donor node and the IAB node as causing a failure of a connection between the wireless device and the IAB donor node.
1. A method comprising: communicating, by a wireless device, with an integrated access backhaul (IAB) donor node via an IAB node; receiving, by the wireless device from the IAB node, backhaul link failure information indicating a failure of a radio link established between the IAB donor node and the IAB node; determining, based on the backhaul link failure information, a failure of a connection between the wireless device and the IAB donor node; and transmitting, by the wireless device to a third network node, a radio link failure report indicating a backhaul link failure, between the IAB donor node and the IAB node, as causing the failure of the connection between the wireless device and the IAB donor node.
2. The method of claim 1, further comprising communicating, by the wireless device, with the IAB donor node via the IAB node.
1. A method comprising: communicating, by a wireless device, with an integrated access backhaul (IAB) donor node via an IAB node…
4. The method of claim 1, wherein the radio link failure report comprises at least one of: an information element indicating that the radio link failure caused the failure of the connection; or a cell identifier of a cell, of the IAB donor node, causing the radio link failure.
9. The method of claim 1, wherein the radio link failure report comprises at least one of: an information element indicating that the backhaul link failure caused the failure of the connection; or a cell identifier of a cell, of the IAB donor node, causing the failure of the radio link established between the IAB donor node and the IAB node.
5. The method of claim 1, wherein the radio link failure report comprises a cell identifier of the first cell.
10. The method of claim 1, wherein the radio link failure report comprises a cell identifier of a first cell.
6. The method of claim 1, wherein the backhaul link failure information comprises at least one of: a temporary blockage; a failure of at least one of multiple backhaul links of the IAB node; or a failure of all backhaul links of the IAB node.
3. The method of claim 1, wherein the backhaul link failure information comprises a failure type comprising at least one of: a temporary blockage; a failure of at least one of multiple backhaul links of the IAB node; or a failure of all backhaul links of the IAB node.
7. The method of claim 1, further comprising determining, based on the backhaul link failure information, the failure of the connection between the wireless device and the IAB donor node.
1. …determining, based on the backhaul link failure information, a failure of a connection between the wireless device and the IAB donor node…
8. A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive, from an integrated access backhaul (IAB) node, backhaul link failure information indicating a radio link failure between an IAB donor node and the IAB node; and transmit a radio link failure report indicating the backhaul link failure between the IAB donor node and the IAB node as causing a failure of a connection between the wireless device and the IAB donor node.
11. A wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: communicate with an integrated access backhaul (IAB) donor node via an IAB node; receive, from the IAB node, backhaul link failure information indicating a failure of a radio link established between the IAB donor node and the IAB node; determine, based on the backhaul link failure information, a failure of a connection between the wireless device and the IAB donor node; and transmit, to a third network node, a radio link failure report indicating a backhaul link failure, between the IAB donor node and the IAB node, as causing the failure of the connection between the wireless device and the IAB donor node.
9. The wireless device of claim 8, wherein the instructions further cause the wireless device to communicate with the IAB donor node via the IAB node.
11…communicate with an integrated access backhaul (IAB) donor node via an IAB node…
11. The wireless device of claim 8, wherein the radio link failure report comprises at least one of: an information element indicating that the radio link failure caused the failure of the connection; or a cell identifier of a cell, of the IAB donor node, causing the radio link failure.
16. The wireless device of claim 11, wherein the radio link failure report comprises at least one of: an information element indicating that the backhaul link failure caused the failure of the connection; or a cell identifier of a cell, of the IAB donor node, causing the failure of the radio link.
12. The wireless device of claim 8, wherein the radio link failure report comprises a cell identifier of the first cell.
17. The wireless device of claim 11, wherein the radio link failure report comprises a cell identifier of a first cell.
13. The wireless device of claim 8, wherein the backhaul link failure information comprises at least one of: a temporary blockage; a failure of at least one of multiple backhaul links of the IAB node; or a failure of all backhaul links of the IAB node.
13. The wireless device of claim 11, wherein the backhaul link failure information comprises a failure type comprising at least one of: a temporary blockage; a failure of at least one of multiple backhaul links of the IAB node; or a failure of all backhaul links of the IAB node.
14. The wireless device of claim 8, wherein the instructions further cause the wireless device to determine, based on the backhaul link failure information, the failure of the connection between the wireless device and the IAB donor node.
11… determine, based on the backhaul link failure information, a failure of a connection between the wireless device and the IAB donor node…
15. A non-transitory computer-readable storage medium comprising instructions that, when executed by one or more processors, cause a wireless device to perform operations comprising: receive, from an integrated access backhaul (IAB) node, backhaul link failure information indicating a radio link failure between an IAB donor node and the IAB node; and transmit a radio link failure report indicating the backhaul link failure between the IAB donor node and the IAB node as causing a failure of a connection between the wireless device and the IAB donor node.
18. A non-transitory computer-readable storage medium comprising instructions that, when executed by one or more processors of a wireless device, cause the wireless device to perform operations comprising: communicating with an integrated access backhaul (IAB) donor node via an IAB node; receiving, from the IAB node, backhaul link failure information indicating a failure of a radio link established between the IAB donor node and the IAB node; determining, based on the backhaul link failure information, a failure of a connection between the wireless device and the IAB donor node; and transmitting, to a third network node, a radio link failure report indicating a backhaul link failure, between the IAB donor node and the IAB node, as causing the failure of the connection between the wireless device and the IAB donor node.
16. The non-transitory computer-readable storage medium of claim 15, wherein the instructions further cause the wireless device to communicate with the IAB donor node via the IAB node.
1. A method comprising: communicating, by a wireless device, with an integrated access backhaul (IAB) donor node via an IAB node…
18. The non-transitory computer-readable storage medium of claim 15, wherein the radio link failure report comprises at least one of: an information element indicating that the radio link failure caused the failure of the connection; or a cell identifier of a cell, of the IAB donor node, causing the radio link failure.
9. The method of claim 1, wherein the radio link failure report comprises at least one of: an information element indicating that the backhaul link failure caused the failure of the connection; or a cell identifier of a cell, of the IAB donor node, causing the failure of the radio link established between the IAB donor node and the IAB node.
19. The non-transitory computer-readable storage medium of claim 15, wherein the radio link failure report comprises a cell identifier of the first cell.
10. The method of claim 1, wherein the radio link failure report comprises a cell identifier of a first cell.
20. The non-transitory computer-readable storage medium of claim 15, wherein the backhaul link failure information comprises at least one of: a temporary blockage; a failure of at least one of multiple backhaul links of the IAB node; or a failure of all backhaul links of the IAB node.
3. The method of claim 1, wherein the backhaul link failure information comprises a failure type comprising at least one of: a temporary blockage; a failure of at least one of multiple backhaul links of the IAB node; or a failure of all backhaul links of the IAB node.
21. The non-transitory computer-readable storage medium of claim 15, wherein the instructions further cause the wireless device to determine, based on the backhaul link failure information, the failure of the connection between the wireless device and the IAB donor node.
1. …determining, based on the backhaul link failure information, a failure of a connection between the wireless device and the IAB donor node…
Claims 1-2, 4-9, 11-16 and 18-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 9-11, 13 and 16-18 of U.S. Patent No. 12,063,702. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of claims 1-2, 4-9, 11-16, 18-21 of the pending Appl. No. 18/755,274 and the subject matter of claims 1, 3, 9-11, 13 and 16-18 of U.S. Patent No. 12,063,702 disclose a similar scope of invention. The similar scope of invention is related to receiving, by the wireless device from an integrated access backhaul (IAB) node, backhaul link failure information indicating a radio link failure between an IAB donor node and the IAB node; and transmitting, by the wireless device, a radio link failure report indicating the backhaul link failure between the IAB donor node and the IAB node as causing a failure of a connection between the wireless device and the IAB donor node. While the claims are not verbatim copies, they are clearly identical in scope.
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 .
This office action is a response to an application filed on 06/26/2024 in which claims 1-21 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/05/2024 have been considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Allowable Subject Matter
Claims 3, 10 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 1-2, 4-9, 11-16 and 18-21 would be allowable in response to a Terminal Disclaimer to overcome the Double Patenting Rejections discussed above.
The following is a statement of reasons for the indication of allowable subject matter, since no prior arts were found to disclose the features of the claims as shown below.
Hong et al. (US 2020/0022054) (provided in the IDS), hereinafter “Hong”, Hong (US 2021/0014768) (provided in the IDS), hereinafter “Hong ‘768” and Byun et al. (US 2019/0394825) (provided in the IDS), hereinafter “Byun” are the closest prior arts found after examiner’s thorough search.
Regarding independent claim 1, the closest prior art of Hong discloses a method for supporting a fast link recovery and link status reporting and a cell reselection procedure (Hong, Figs. 9-10, [0172], [0186]). A backhaul link is used to transmit and receive signals/packets between the IAB node #2 and IAB node #3 in Fig. 10 (Hong, [0007], [0138], Fig. 7). Also, Figs. 7 and 8 show the example of backhaul links between IAB nodes to transmit and receive signals/packets between the nodes and IAB-donor. The node detects a radio link problem on a wireless backhaul link between the IAB nodes from the node to a donor node (Hong, Fig. 8, Fig. 9, [0173], [0175] step S900, Fig. 10, [0187]). After the node detects the radio link problems, the node reselects a cell operated by a gNB to establish an RRC connection with the cell (Hong, Fig. 9, [0179], [0182]-[0183], Fig. 10, [0188]). The node reports information on the radio link problem to the cell.
Regarding independent claim 1, the closest prior art of Hong ‘768 discloses that the IAB node receives an RRC message from the donor base station via the other IAB node (Hong ‘768, [0144]). The RRC message includes configuration information, such as a cell list of the other IAB node, an activated cell list of the other IAB node, etc.
Regarding independent claim 1, the closest prior art of Byun discloses a the system including a UE and IAB node communicating with the IAB-donor via a IAB node (Byun, Fig. 7, [0101]). Byun shows in Fig. 9 and recites in [0143], “the first node may include a UE, and/or an IAB node which is directly connected to the UE”, “The second IAB nodes may include an IAB node which is directly connected to the UE, an IAB node which transmits/receives the packet to/from the UE, or receives/transmits the packet from/to a donor IAB node (i.e. intermediate RAN node), except a donor IAB node, and/or a gNB (i.e. donor IAB node)”, in [0144], “In step S900, the first node receives information for triggering a connection reestablishment from the second node. When the second node detect a link problem on a wireless backhaul link, the second nodes the information for triggering the connection reestablishment to the first node”.
However, regarding independent claim 1, Hong, Hong ‘768 and Byun either alone or in combination fail to teach or suggest the underlined claimed features of “A method comprising:
receiving, by the wireless device from an integrated access backhaul (IAB) node, backhaul link failure information indicating a radio link failure between an IAB donor node and the IAB node; and
transmitting, by the wireless device, a radio link failure report indicating the backhaul link failure between the IAB donor node and the IAB node as causing a failure of a connection between the wireless device and the IAB donor node” when taking in context of claim 1 as a whole. The same rationale applies to independent claims 8 and 15. Therefore, allowable over the prior art of record, when interpreted in accordance with the present specification description.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICARDO H CASTANEYRA whose telephone number is (571)272-2486. The examiner can normally be reached M-F 9:00am - 5:30pm.
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/RICARDO H CASTANEYRA/Primary Examiner, Art Unit 2473
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