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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
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 and 9-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12047891.
Regarding claim 1, US Patent 12047891 teaches A data transmission method, comprising: receiving, by user equipment (UE), first synchronization source configuration information on a first carrier, wherein the first synchronization source configuration information carries an identifier of a first synchronization source, (claim 1 “receiving, by user equipment (UE), first synchronization source configuration information on a first carrier, wherein the first synchronization source configuration information carries an identifier of a first synchronization source, the first synchronization source configuration information is used to determine the first synchronization source;”)
the first synchronization source configuration information is used to determine the first synchronization source; determining, by the UE, the first synchronization source based on the first synchronization source configuration information, (Ibid. the first synchronization source configuration information is used to determine the first synchronization source; determining, by the UE, the first synchronization source based on the first synchronization source configuration information,)
wherein the first synchronization source is used to provide the UE with a synchronization clock required for transmitting data on a second carrier, (Ibid. wherein the first synchronization source is used to provide the UE with a synchronization clock required for transmitting data on a second carrier) and
wherein a frequency of the first carrier is different from a frequency of the second carrier; (Ibid. and wherein a frequency of the first carrier is different from a frequency of the second carrier;)
determining, by the UE, that synchronization with the first synchronization source fails; (Ibid. determining, by the UE, that synchronization with the first synchronization source fails; )
determining, by the UE, a second synchronization source and a transmission resource, (Ibid.
determining, by the UE, a second synchronization source and a transmission resource,)
wherein the transmission resource is associated with the second synchronization source, (Ibid. wherein the transmission resource is associated with the second synchronization source, )
wherein the determining, by the UE, a second synchronization source and a transmission resource comprises: obtaining, by the UE, resource pool configuration information, (Ibid. wherein the determining, by the UE, a second synchronization source and a transmission resource comprises: obtaining, by the UE, resource pool configuration information,)
wherein the resource pool configuration information is obtained based on signaling configuration information received on the first carrier; (Ibid. wherein the resource pool configuration information is obtained based on signaling configuration information received on the first carrier;)
transmitting, by the UE, the data on the second carrier using the transmission resource and based on the second synchronization source; (Ibid. transmitting, by the UE, the data on the second carrier using the transmission resource and based on the second synchronization source;) and
sending, by the UE on the first carrier, identification information of the second synchronization source to an access network device, wherein the identification information of the second synchronization source indicates a current synchronization source of the UE. (Ibid. sending, by the UE on the first carrier, identification information of the second synchronization source to an access network device, wherein the identification information of the second synchronization source indicates a current synchronization source of the UE.)
Regarding claim 4, US Patent 12047891 teaches wherein a priority of the second synchronization source is equal to or less than a priority of the first synchronization source. (claim 1, wherein a priority of the second synchronization source is equal to or less than a priority of the first synchronization source.)
Regarding claim Claims 9-12 US Patent 12047891 teaches comprising at least one processor, and at least one non-transitory computer-readable storage medium coupled to the at least one processor and storing programming instructions for execution by the at least one processor, (claim 11, An apparatus, comprising at least one processor, and a non- transitory computer-readable storage medium coupled to the at least one processor and storing programming instructions for execution by the at least one processor, wherein the programming instructions instruct the at least one processor to ) wherein the programming instructions instruct the at least one processor to perform the method, operations recited in claims 1-4, they are rejected for the same reasons.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5-8, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over YANG; Yoonoh et al. US PGPUB 20190037513 A1, in view of Changalvala; Raghavendar et al. US PGPUB 20170054204 A1, further in view Niu; Huaning et al., US PGPUB 20160037466 A1 (hereinafter Niu).
Regarding claim 5. Yang teaches A data transmission method, comprising:
sending, by an access network device, first synchronization source configuration information to user equipment (UE) by using a first carrier, (Fig. 13, synchronization signal priority information and RSRP threshold see ¶0155-0156)
wherein the first synchronization source configuration information carries an identifier of a first synchronization source, (Fig. 13, priority information listing GNSS, eNB etc) and the first synchronization source configuration information is used to determine the first synchronization source; (Fig. 14a, also see mapping below) and
the first synchronization source is used to provide the UE with a synchronization clock required for transmitting data on a second carrier, (Fig. 14a, S1408, V2V and SLSS transmission based on sync with satellite in S1407)
But it does not teach
receiving, by the access network device on the first carrier, indication information sent by the UE, wherein the indication information is used to indicate that synchronization between the UE and the first synchronization source fails, and
a frequency of the first carrier is different from a frequency of the second carrier.
However, Niu teaches
receiving, by the access network device on the first carrier, indication information sent by the UE, wherein the indication information is used to indicate that synchronization between the UE and the first synchronization source fails, (¶0029, Where the second UE 110 is unable to synchronize to a signal provided by an eNB (e.g., where the second UE 110 determines the absence of a signal associated with MNO coverage, the absence of a signal from an eNB forwarded by another UE, and/or the absence of the GNSS signal 120), the second UE 110 may generate a signal 130 that indicates a request for synchronization.)
in order to minimize interference in the MNO network via D2D synchronization. (¶0021).
Yang and Niu are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Yang with the technique of synchronization request in Niu in order to minimize interference in the MNO network via D2D synchronization.
Yang and Niu do no teach
a frequency of the first carrier is different from a frequency of the second carrier.
Furthermore, Changalvala teaches
a frequency of the first carrier is different from a frequency of the second carrier; (¶0077 teaches V2X frequency band is 5.9 Ghz while table 1 teaches LTE frequency band being different)
in order to provide user with more versatility in communication by integrate multiple carrier transceiver capability into one smart antenna system.
Yang and Changalvala are analogous art in the same field of endeavor of wireless V2V/V2X communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Yang with the technique of multi-frequency antenna in Changalvala in order to provide user with more versatility in communication by integrate multiple carrier transceiver capability into one smart antenna system.
Regarding claim 6. Yang, Niu and Changalvala teach The method according to claim 5, and Yang teaches further comprising: sending, by the access network device, second synchronization source configuration information to the UE on the first carrier, (Fig. 13, second configuration being RSRP threshold for various sources) wherein the second synchronization source configuration information is used by the UE to determine a second synchronization source based on the second synchronization source configuration information after the synchronization with the first synchronization source fails, (Fig. 14a, S1413 synch with BS after sync with Satellite fails in S1402) and transmit the data on the second carrier based on the second synchronization source. (Fig. 14a, S1414, V2V communication)
Regarding claim 7. , Niu and Changalvala teach The method according to claim 5, and Yang teaches further comprising: configuring, for the UE, a transmission resource corresponding to a second synchronization source; sending the transmission resource to the UE. (0123] In addition, the UE#1 100-1 receives an RRC message, for example, an RRC Connection Reconfiguration message from the base station 200. The RRC message includes a discovery configuration (hereinafter, referred to as discConfig). The discConfig includes configuration information for a discover resource pool (hereinafter, referred to as DiscResourcePool) for the discovery. See also
TABLE-US-00009 TABLE 9 SL-OffsetIndicator May be written even as discoveryOffsetIndicator and represents an offset of a first period of the resource pool within an SFN cycle. SL- May be written even as SyncOffsetIndicator and OffsetIndicatorSync represents a relationship between SFNs including a synchronization resource and the subframes according to an equation. (SFN*10+ Subframe Number) mod 40 = SL- OffsetIndicatorSync.)
Regarding claim 8. Niu and Changalvala teach The method according to claim 7, wherein the transmission resource is associated with the second synchronization source, (TABLE-US-00009 TABLE 9 SL-OffsetIndicator May be written even as discoveryOffsetIndicator and represents an offset of a first period of the resource pool within an SFN cycle. SL- May be written even as SyncOffsetIndicator and OffsetIndicatorSync represents a relationship between SFNs including a synchronization resource and the subframes according to an equation. (SFN*10+ Subframe Number) mod 40 = SL- OffsetIndicatorSync) wherein a priority of the second synchronization source is equal to or less than a priority of the first synchronization source. ([0009) determined that the first synchronization signal from the base station has the higher priority and if a signal strength from the base station is lower than or equal to a threshold, transmitting a sidelink synchronization signal (SLSS).]
Regarding Claim 13-16. Yang, Niu and Changalvala teach An apparatus, comprising: at least one non-transitory computer-readable storage medium coupled to the at least one processor and storing programming instructions for execution by the at least one processor, (Yang Fig. 18, Memory Processor ) wherein the programming instructions instruct the at least one processor to perform operations comprising the steps recited in claim 5 above. It is rejected as unpatentable over Yang, Niu and Changalvala as cited in claim 5-8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHAOHUI YANG whose telephone number is (571)270-7527. The examiner can normally be reached on 9 AM to 5 PM M-F.
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/ZHAOHUI YANG/Examiner, Art Unit 2468
/MARCUS SMITH/Supervisory Patent Examiner, Art Unit 2468
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