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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
The limitation “the standard” recited in claims 1, 12, and 17 is interpreted in light of the specification as the 3GPP standard (e.g., paragraph [0004] of the specification, as filed).
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).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-19 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-19 of prior U.S. Patent No. 12052645. This is a statutory double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 10,841,890 discloses an early acknowledgement, where an eNodeB transmits an acknowledgement message to a UE before the eNodeB receives any data signal from the UE.
U.S. Pub. No. 2022/0006566 (Wang et al.) discloses predictive data acknowledgement in a non-terrestrial network.
U.S. Pub. No. 2022/0045803 (Lin et al.) discloses deactivating or bypassing HARQ mechanism in a non-terrestrial network with large propagation delays.
U.S. Pub. No. 2021/0314892 (Rico Alvarino et al.) discloses efficient utilization of HARQ processes in a non-terrestrial network.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Pawaris Sinkantarakorn whose telephone number is (571)270-1424. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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/PAO SINKANTARAKORN/Primary Examiner, Art Unit 2409 06/10/2026
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