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, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 29, 30 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3, 2, 3, 7, 8, 10, 11, 12, 13, 3, 2, 4, 18, 6, 20, 5, 22, 23, 12, 3, 2, 4, 9, 3, 15, 4 of U.S. Patent No. 12,069,763 ‘Cheng’. Although the claims at issue are not identical, they are not patentably distinct from each other because.
Regarding claim 1, Cheng claims a user equipment (UE), comprising (claim 1 lines 1-2):
one or more memories storing processor-executable code; and
one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the UE to:
identify that the UE is operating in a dual connectivity configuration with a master node and a secondary node, wherein the UE is in an inactive communications state with the secondary node(claim 1 lines 3-6);
receive, with a release message instructing the UE to enter the inactive communications state, a measurement configuration for a secondary cell group comprising the secondary node of the dual connectivity configuration (claim 1 lines 7-11);
receive, with the release message, an indication that the UE is to store a lower-layer secondary cell group configuration associated with the secondary cell group (claim 3); and
Although Cheng is silent on receive a connection resume message that indicates that the UE is to resume secondary node communications, wherein the lower-layer secondary cell group configuration remains valid for use in the secondary node communications, Cheng claims transmit a connection resume message that indicates that the UE is to resume secondary node communications, wherein the lower-layer secondary cell group configuration remains valid for use in the secondary node communications (claim 1 lines 14-21). The act of receiving may be viewed as the UE receiving confirmation from the master node confirmation that the UE may resume secondary node communications. Therefore, the step of receiving would have been obvious in view of Cheng claim 3.
Claims 2, 12, 23, and 28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3 of U.S. Patent No. 12,069,763 ‘Cheng’ in view of Kim US 20190014492.
Regarding claims 2, 12, 23, and 28, Cheng is silent on wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to:
transmit a connection resume complete message that indicates one or more measurements based at least in part on the measurement configuration.
Kim teaches wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to:
transmit a connection resume complete message that indicates one or more measurements based at least in part on the measurement configuration ([0012]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system of Cheng by teaches wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to: transmit a connection resume complete message that indicates one or more measurements based at least in part on the measurement configuration, as shown by Kim. This modification would benefit the system by the UE informing the base station that connection is completed.
Prior Art of Record
Regarding claim 1, Jung US 20210274587 teaches a method for wireless communications at a user equipment (UE),comprising:
identifying that the UE is operating in a dual connectivity configuration with a master node and a secondary node (fig. 1E, [0136]), wherein the UE is in an inactive / suspended communications state with the secondary node (1g-10, [0207]);
determining that secondary node communications are to resume (fig. 1g-60, [0297]);
determining whether a previously stored lower-layer secondary cell group configuration can be used for the resumption of secondary node communications ([0668, 0689]); and
transmitting an indication to the master node indicating whether the previously stored lower-layer secondary cell group configuration can be used to resume the secondary node communications (fig. 2j-40).
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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