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 15-34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12075393. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of patent 12075393 anticipate the limitations of the instant application as shown in the table below.
Claim 15 of the instant application
Claim 1 of patent 12075393
A device for resource allocation in a communication system, comprising: a memory storing instructions; a processor configured to execute the instructions to cause the resource allocation device to: receive Physical Resource Block (PRB) utilization data corresponding to at least one of at least one-time slot or a set of data packets, upon requesting for the PRB utilization data via a base station, the PRB utilization data including at least one PRB utilization duration; compare the at least one PRB utilization duration included in the received PRB utilization data with a threshold PRB utilization duration; transmit, a request for a Negative Acknowledgement (NACK) percentage report corresponding to at least one of an Absolute Radio Frequency Channel Number (ARFCN) or a PRB associated with at least one non-anchor carrier, in response to a determination that the at least one PRB utilization duration is less than the threshold PRB utilization duration; select at least one of the ARFCN or the PRB associated with the at least one non-anchor carrier for the at least one of at least one-time slot or the set of data packets, based on the PRB utilization data, the NACK percentage report and a pre-defined value for at least one of the ARFCN or the PRB; transmit, to the base station, a notification indicating a representative of utilization of at least one of the ARFCN or the PRB associated with at least one non-anchor carrier; and allocate at least one of the ARFCN or the PRB associated with at least one non-anchor carrier to schedule one or more Narrow Band Internet of Things (NB-IoT) enabled devices for data transfer corresponding to the selected time slot.
A resource allocation system for dynamic multicarrier allocation to Narrow Band-Internet of Things (NB-IoT) enabled devices comprising: a processor; and a memory communicatively coupled to the processor, wherein the memory stores the processor instructions, which on execution, the processor causes the resource allocation system to: receive from a Performance Management System (PMS) communicatively coupled to a Long-Term Evolution evolved Node B (LTE eNB), Physical Resource Block (PRB) utilization data corresponding to at least one of at least one-time slot and a set of data packets, upon requesting for the PRB utilization data via the LTE eNB; compare at least one PRB utilization duration in the received PRB utilization data with a pre-defined threshold PRB utilization duration; request via a Narrow Band Internet of Things evolved Node B (NB-IoT eNB), a cumulative Negative Acknowledgement (NACK) percentage report corresponding to at least one of an Absolute Radio Frequency Channel Number (ARFCN) or a PRB associated with at least one non-anchor carrier, if the at least one PRB utilization duration is less than the pre-defined threshold PRB utilization duration; select at least one of the ARFCN or the PRB associated with at least one non-anchor carrier for at least one of at least one-time slot and a set of data packets, based on the PRB utilization data, the cumulative NACK percentage report and a pre-defined value for at least one of the ARFCN or the PRB; establish a connection between a plurality of NB-IoT enabled devices and the NB-IoT eNB (106), upon transmitting via the LTE eNB, information associated with the selected at least one of the ARFCN or the PRB for at least one of the at least one-time slot and a set of data packets to the NB-IoT eNB; notify to the LTE eNB, representative of utilization of at least one of the ARFCN or the PRB as the non-anchor carrier; and allocate at least one of the ARFCN or the PRB as a non-anchor carrier to schedule the plurality of NB-IoT enabled devices for data transfer corresponding to the selected time slot, when an Acknowledgement (ACK) is received from the LTE eNB in response to the notification
Appropriate correction required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON M RENNER whose telephone number is (571)270-3621. The examiner can normally be reached Monday-Friday 7am-5pm EST.
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/BRANDON M RENNER/Primary Examiner, Art Unit 2411
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