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.
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Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No.12,044,774. Although the claims at issue are not identical, they are not patentably distinct from each other because regarding claim 21, U.S. Patent No.12,044,774 discloses a system comprising: a transmitter comprising circuitry configured to: generate a map of an environment of the transmitter based at least in part on reflections of radio frequency (RF) signals transmitted into the environment; and transmit data to a receiver using a wireless transmission configuration selected based on the map.
Regarding claims 22-27, U.S. Patent No.12,044,774 discloses in claims 2-6, a system wherein the wireless transmission configuration includes at least one of an antenna sector or a beam; wherein the transmitter is further configured to perform a beamforming procedure that omits a sector responsive to the map indicating that an obstacle would interfere with transmission via the sector; wherein the data includes video data; wherein the system is further configured to render at least a portion of a first video frame based on the map of the environment and cause the transmitter to transmit the first video frame to the receiver; wherein, during rendering of the first video frame, the system is configured to access spatial location information of one or more physical objects in the environment, the spatial location information being generated based at least in part on the reflections of the RF signals; wherein the spatial location information is based on a combination of first mapping information obtained using the transmitter and second mapping information obtained using the receiver.
Regarding claim 28, U.S. Patent No.12,044,774 discloses in claim 7, a method comprising: generating, by circuitry of a transmitter, a map of an environment of the transmitter based at least in part on reflections of radio frequency (RF) signals transmitted into the environment; and transmitting, by the transmitter, data to a receiver using a wireless transmission configuration selected based on the map.
Regarding claims 29-34, U.S. Patent No.12,044,774 discloses in claims 8-12, a method as recited in claim 28, wherein the wireless transmission configuration includes at least one of an antenna sector or a beam; further comprising performing a beamforming procedure that omits a sector responsive to the map indicating that an obstacle would interfere with transmission via the sector; wherein the data includes video data; further comprising rendering at least a portion of a first video frame based on the map of the environment and transmitting the first video frame to the receiver; wherein rendering the first video frame comprises accessing spatial location information of one or more physical objects in the environment; wherein the spatial location information is based on a combination of first mapping information obtained using the transmitter and second mapping information obtained using the receiver.
Regarding claim 35, U.S. Patent No.12,044,774 discloses in claim 13, a system comprising: processing circuitry; and a transmitter coupled to the processing circuitry; wherein the system is configured to: generate a map of an environment of the system based at least in part on reflections of radio frequency (RF) signals transmitted into the environment; and cause the transmitter to transmit data to a receiver using a wireless transmission configuration selected based on the map.
Regarding claims 36-40, U.S. Patent No.12,044,774 discloses in claims 14-17, a system wherein the wireless transmission configuration includes at least one of an antenna sector or a beam; wherein the system is configured to perform a beamforming procedure that omits a sector responsive to the map indicating that an obstacle would interfere with transmission via the sector; wherein the data includes video data; wherein the processing circuitry is configured to render at least a portion of a first video frame based on the map of the environment, and wherein the transmitter is configured to transmit the first video frame to the receiver; wherein, during rendering of the first video frame, the processing circuitry is configured to access spatial location information of one or more physical objects in the environment.
Prior arts
Claims 21-40 are anticipated by Mallinson US 2018/0095542. Mallinson shows and discloses in FIG.1-9, the limitations of claims 21-40.
Malllinson shows in fig.1-9, a system comprising: a receiver (104) [0044]; and a transmitter (108, 110) configured to generate a map of an environment (0006, 0007, 0062) of the transmitter (110), based at least in part on reflections of RF signals [0070]; and send video data based on the map [0063,0068] to a receiver (104).
Malllinson shows in fig.1-9, a method comprising generating a map of an environment [0058] of a transmitter (110 transmit the signal), based at least in part on reflections of RF signals; and sending video data based on the map to a receiver (104) [0058, 0076, 0077].
Malllinson shows in fig.1-9, an apparatus comprising: a processor (108 comprises a processor)[0078]; a memory [0095]; and a radio frequency (RF) transceiver module (110); wherein the apparatus is configured to generate a map of an environment [0090] based at least in part on reflection of RF signals; while sending video data bases on the map to a receiver; wherein the apparatus is configured to: transmit radio frequency (RF) signals scanned across the environment; receive reflections of the RF signals [0090]; generate reflection data based on the reflected RF signals; and process the reflection data to generate the map of the environment [0090]; wherein the apparatus is configured to: determine an optimal antenna sector from the map of the environment; and send video data to the receiver via the optimal antenna sector.
Frizzell US 2018/0067204 discloses (0067) a device with frequencies with wavelengths between 1 and 30 millimeters.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC-ANTHONY ARMAND whose telephone number is (571)272-5178. The examiner can normally be reached 8am-5pm.
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MARC - ANTHONY ARMAND
Primary Examiner
Art Unit 2813
/MARC-ANTHONY ARMAND/Primary Examiner, Art Unit 2813
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