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 is in response to the Applicant’s arguments August 26, 2024, in which claims 1-20 are currently pending.
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 claims 1-20 of U.S. Patent No. 12,058,598. Although the claims at issue are not identical, they are not patentably distinct from each other because the US claims of the US patent encompass claims of the current application. See the table of claims below).
Current Application
U.S. Patent No. 12,058,598
1.A method performed by a base station, comprising: sending, via a transmitter of the base station, a wireless emergency alert to a user equipment; and sending, via the transmitter of the base station, a plurality of action messages related to the wireless emergency alert to the user equipment, the plurality of action messages comprising a lack of service time limit and a lack of service action instructing the user equipment to display the wireless emergency alert when the user equipment loses cellular service for a duration of time that exceeds the lack of service time limit.
9. A base station, comprising: a receiver; and a transmitter; and at least one processor configured to receive, via the receiver, an alert message, send, using the transmitter, a wireless emergency alert to a user equipment, wherein the wireless emergency alert causes the user equipment to determine whether to display the wireless emergency alert, and send, using the transmitter, an action message associated with the wireless emergency alert, wherein the action message comprises a lack of service time limit and a lack of service action instructing the user equipment to present the wireless emergency alert when the user equipment loses cellular service for a duration of time that exceeds the lack of service time limit.
2. The method of claim 1, comprising receiving, via a receiver of the base station, an alert message from an alert authority, the alert message comprising an indication of a geofenced area, wherein the wireless emergency alert causes the user equipment to determine whether to display the wireless emergency alert based on whether the user equipment is in the geofenced area.
9. A base station, comprising: a receiver configured to receive, via the receiver, an alert message from an alert authority, the alert message comprising an indication of a geofenced area, wherein the wireless emergency alert causes the user equipment to determine whether to display the wireless emergency alert based on whether the user equipment is in the geofenced area.
3. The method of claim 2, comprising determining, via a processor of the base station, whether a coverage area of the base station is within the geofenced area.
11. The base station of claim 9, wherein the at least one processor is configured todetermine whether a coverage area of the base station is within the geofenced area.
4. The method of claim 2, wherein the alert authority comprises one or more computing devices of an authority designated to alert people within the geofenced area.
12. The base station of claim 9, wherein the alert authority comprises one or more computing devices of an authority designated to alert people within the geofenced area.
5. The method of claim 1, wherein the plurality of action messages comprises a wireless emergency alert identifier corresponding to the wireless emergency alert.
14. The base station of claim 9, wherein the action message comprises a wireless emergency alert identifier corresponding to the wireless emergency alert.
6. The method of claim 1, wherein the plurality of action messages comprises a first field comprising a tag indicating a type of the plurality of action messages, a second field comprising a length of a value, and a third field comprising the value.
3. The method of claim 1, wherein the plurality of action messages comprises a first field comprising a tag indicating a type of the plurality of action messages, a second field comprising a length of a value, and a third field comprising the value.
7. The method of claim 6, wherein the value of the plurality of action messages comprises a wireless emergency alert identifier, the lack of service time limit, and the lack of service action.
4. The method of claim 3, wherein the value of the plurality of action messages comprises a wireless emergency alert identifier, the lack of service time limit, and the lack of service action.
8. The method of claim 1, comprising sending, via the transmitter of the base station, a system information block comprising a maximum wait time, wherein the lack of service time limit comprises the maximum wait time.
15. The base station of claim 9, wherein the at least one processor is configured to receive, via the receiver, a system information block comprising a maximum wait time, and the lack of service time limit comprising the maximum wait time.
9. The method of claim 1, wherein the plurality of action messages conforms to an Alliance for Telecommunications Industry Solutions (ATIS) Wireless Emergency Alert (WEA) standard.
13. The base station of claim 9, wherein the wireless emergency alert conforms to an Alliance for Telecommunications Industry Solutions (ATIS) Wireless Emergency Alert (WEA) standard.
10. A user equipment, comprising: a receiver; and processing circuitry configured to receive, via the receiver, a wireless emergency alert from a base station, receive, via the receiver, an action message associated with the wireless emergency alert from the base station, wherein the action message comprises a lack of service time limit and a lack of service action, and perform the lack of service action based on the user equipment being unable to establish a connection with the base station for a duration of time that exceeds the lack of service time limit.
1. A method performed by user equipment, comprising: receiving, via a receiver of the user equipment, a wireless emergency alert; receiving, via the receiver of the user equipment, a plurality of action messages related to the wireless emergency alert, the plurality of action messages comprising a lack of service time limit and a lack of service action; performing the lack of service action based on the user equipment being unable to establish the connection with the base station for a duration of time that exceeds the lack of service time limit.
11. The user equipment of claim 10, wherein the processing circuitry is configured to determine whether to display the wireless emergency alert based on whether the user equipment is in a geofenced area indicated by the wireless emergency alert.
9. A base station, comprising: at least one processor configured to determine whether to display the wireless emergency alert based on whether the user equipment is in the geofenced area
12. The user equipment of claim 10, wherein the action message comprises a wireless emergency alert identifier corresponding to the wireless emergency alert.
2. The method of claim 1, wherein the plurality of action messages comprises a wireless emergency alert identifier corresponding to the wireless emergency alert.
13. The user equipment of claim 10, wherein the wireless emergency alert conforms to an Alliance for Telecommunications Industry Solutions (ATIS) Wireless Emergency Alert (WEA) standard.
8. The method of claim 1, wherein the plurality of action messages conforms to an Alliance for Telecommunications Industry Solutions (ATIS) Wireless Emergency Alert (WEA) standard.
14. The user equipment of claim 10, wherein the processing circuitry is configured to receive, via the receiver, a system information block comprising a maximum wait time, wherein the lack of service time limit comprises the maximum wait time.
5. The method of claim 1, comprising receiving a system information block, via the receiver, the system information block comprising a maximum wait time, and the lack of service time limit comprising the maximum wait time.
15. The user equipment of claim 10, wherein the lack of service action comprises displaying the wireless emergency alert.
6. The method of claim 1, wherein the lack of service action comprises displaying the wireless emergency alert.
16. The user equipment of claim 10, wherein the lack of service action is based on an implementation of the user equipment.
7. The method of claim 1, wherein the lack of service action is based on an implementation of the user equipment.
17. A non-transitory, computer-readable medium, comprising computer-executable instructions that, when executed by processing circuitry of a base station, cause the processing circuitry to: send, via a transmitter of the base station, a wireless emergency alert to a user equipment, and send, via the transmitter, an action message associated with the wireless emergency alert, wherein the action message comprises a lack of service time limit and a lack of service action instructing the user equipment to display the wireless emergency alert based on the user equipment losing cellular service for a duration of time that exceeds the lack of service time limit.
9. A base station, comprising: a receiver; and a transmitter; and at least one processor configured to receive, via the receiver, an alert message, send, using the transmitter, a wireless emergency alert to a user equipment, wherein the wireless emergency alert causes the user equipment to determine whether to display the wireless emergency alert, and send, using the transmitter, an action message associated with the wireless emergency alert, wherein the action message comprises a lack of service time limit and a lack of service action instructing the user equipment to present the wireless emergency alert when the user equipment loses cellular service for a duration of time that exceeds the lack of service time limit.
18. The non-transitory, computer-readable medium of claim 17, wherein the wireless emergency alert is associated with a geofenced area, and wherein the wireless emergency alert is configured to cause the user equipment to determine whether to display the wireless emergency alert based on whether the user equipment is in the geofenced area.
9. A base station, comprising: a receiver configured to receive, via the receiver, an alert message from an alert authority, the alert message comprising an indication of a geofenced area, wherein the wireless emergency alert causes the user equipment to determine whether to display the wireless emergency alert based on whether the user equipment is in the geofenced area.
19. The non-transitory, computer-readable medium of claim 18, wherein the geofenced area comprises latitude and longitude coordinates.
10. The base station of claim 9, wherein the indication of the geofenced area comprises latitude and longitude coordinates.
20. The non-transitory, computer-readable medium of claim 17, wherein the action message comprises a wireless emergency alert identifier corresponding to the wireless emergency alert.
14. The base station of claim 9, wherein the action message comprises a wireless emergency alert identifier corresponding to the wireless emergency alert.
Response to Arguments
Applicant’s arguments, see remarks (pages 2-4), filed 08/26/2026 with respect to claims 1-20 have been fully considered and are persuasive. The 102 rejection of claims 1-20 has been withdrawn.
Applicant's arguments with respect to the double patenting rejection filed 08/26/2026 have been fully considered but they are not persuasive. The double patenting rejection remains for the same reasons recited above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN ALLAND GELIN whose telephone number is (571)272-7842. The examiner can normally be reached MON-FR 9-6 PM.
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/JEAN A GELIN/Primary Examiner, Art Unit 2643
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