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.
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.
Claim(s) 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1-4 of U.S. Patent No. 12,082,293 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims of the Instant Application
Claims of Patent 293
Regarding Claim 1: A method by a terminal, the method comprising: receiving, by the terminal from a base station, a system information block 1 (SIB1), wherein the terminal supports non-terrestrial network (NTN), and wherein the SIB1 comprises information that the terminal is allowed to access a cell; reporting, by the terminal to the base station, capability related to NTN, wherein the capability related to NTN indicates that a specific random access related timer adaptation is supported by the terminal; receiving, by the terminal, a first radio resource control (RRC) message, wherein the first RRC message comprises: a first offset related to scheduling; a second offset related to scheduling; and an offset related to transmission timing; transmitting, by the terminal to the base station, a preamble; receiving, by the terminal from the base station, a random access response (RAR) based on a random access response window; and transmitting, by the terminal to the base station at a specific slot, a Physical Uplink Shared Channel (PUSCH) in response to the RAR, wherein the specific slot is determined based on: the first offset related to scheduling; a first subcarrier spacing; and a predefined table, wherein the random access response window runs based on: the second offset related to scheduling; the offset related to transmission timing; and number of slots per time interval, wherein the number of slots per time interval is determined based on a second subcarrier spacing, and wherein: the first subcarrier spacing is a PUSCH subcarrier spacing; and the second subcarrier spacing is related to RAR reception.
Patent Claim 1: A method by a terminal, the method comprising: receiving, by the terminal in a first cell, system information, wherein the system information comprises: a first common offset1; a first common offset2; and a first common offset3; receiving, by the terminal in the first cell, a RRCReconfiguration, wherein the RRCReconfiguration comprises: a second common offset1; a second common offset2; and a second common offset3; running, by the terminal, a ra-Response Window; and transmitting, by the terminal at a slot m, a Physical Uplink Shared Channel (PUSCH) in response to a Random Access Response (RAR), wherein, in case that the random access is performed in the first cell, the slot m is determined based on: the first common offset1; a first subcarrier spacing; and a predefined table, wherein, in case that the random access is performed in the first cell, the ra-ResponseWindow runs based on: the first common offset2; the first common offset3; and a number of first slots per time interval, wherein the first slot is a slot of downlink bandwidth parts where the RAR is received in the first cell, wherein, in case that the random access is performed in a second cell, the slot m is determined based on: the second common offset1; a second subcarrier spacing; and the predefined table, wherein, in case that the random access is performed in the second cell, the ra-ResponseWindow runs based on: the second common offset2; the second common offset3; and a number of second slots per time interval, and wherein the second slot is a slot of downlink bandwidth parts where the RAR is received in the second cell.
As can be seen, the claims of the instant application are substantially similar while to the patented claims, such that the allowance of the instant application would unjustifiably time-wise extend the granted patent rights on the 293 Patent. The claims are rejected. Claim 12 which is directed to a terminal but recites similar elements is also rejected for the reasons given above. Dependent claims 2-11 are rejected for their dependency on claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Shin et al. (US 2023/0189088 A1) “Method and Device for Transmitting and Receiving Signals in a Wireless Communication System”
Lin (US 2022/0287048 A1) “Scheduling Timing for Large Cells and Long Propagation Delays”
Hong (US 2022/0007455 A1) “Method for performing Communication by Using Non-Terrestrial Network and Apparatus Thereof”
Cheng et al. (US 2022/0124660 A1) “MAC-CE Command Action Timing Control in Non-Terrestrial Networks”
Tseng et al. (US 2023/0344508 A1) “Method of Non-Terrestrial Network Assistance Updated Procedure and Related Device”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMAAL HENSON whose telephone number is (571)272-5339. The examiner can normally be reached M-Thu: 7:30 am - 6:30 pm.
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JAMAAL HENSON
Primary Examiner
Art Unit 2411
/JAMAAL HENSON/Primary Examiner, Art Unit 2411
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