DETAILED ACTION
In response to communication filed on 8/5/2024.
Claims 1-3 are pending.
Claims 1-3 are rejected.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/5/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. 12,063,586. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Current Application
U.S. Patent No. 12,063,586
1. A mobile telecommunications system entity for a mobile telecommunications system including at least one anchor cell entity serving at least one user equipment, wherein the at least one entity and the at least one user equipment are located in a common system information area and wherein the at least one anchor cell entity transmits minimum system information to the at least one user equipment, comprising circuitry configured to:
19. Circuitry for a user equipment for a mobile telecommunications system including at least one entity serving the user equipment, wherein the at least one entity and the user equipment are in a common system information area that includes other entities, the circuitry configured to: receive minimum system information including system information area identifier information; compare a first unique identifier associated with the minimum system information to a second unique identifier associated with system information stored by the user equipment; determine, based on comparing the first unique identifier and the second unique identifier, whether a new system information area is entered; and
transmit at least one of other system information and scheduling information to the at least one user equipment.
receive, from the at least one entity, system information that is common with the other entities of the system information area.
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 limitations of U.S. Patent No. 12,063,586 to broaden scope by omitting limitations regarding specific identifiers to arrive at the same claimed inventive concept. One would be motivated to do so to provide an obvious variation that would be apparent to one of ordinary skill in the art.
Current Application
U.S. Patent No. 12,063,586
2. A mobile telecommunications system entity for a mobile telecommunications system including at least one anchor cell entity serving at least one user equipment, wherein the at least one entity and the at least one user equipment are located in a common system information area and wherein the at least one anchor cell entity transmits minimum system information to the at least one user equipment, comprising circuitry configured to:
19. Circuitry for a user equipment for a mobile telecommunications system including at least one entity serving the user equipment, wherein the at least one entity and the user equipment are in a common system information area that includes other entities, the circuitry configured to: receive minimum system information including system information area identifier information; compare a first unique identifier associated with the minimum system information to a second unique identifier associated with system information stored by the user equipment; determine, based on comparing the first unique identifier and the second unique identifier, whether a new system information area is entered; and
transmit in a handover command at least one of a new system information area identifier, configuration information and an anchor entity identification.
receive, from the at least one entity, system information that is common with the other entities of the system information area.
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 limitations of U.S. Patent No. 12,063,586 to alternatively limit the use of a handover command to convey the same information to arrive at the same claimed inventive concept. One would be motivated to do so to provide an obvious variation that would be apparent to one of ordinary skill in the art.
Current Application
U.S. Patent No. 12,063,586
3. Circuitry for a user equipment of a mobile telecommunications system including at least one entity serving the user equipment, wherein the at least one entity and the user equipment are located in a common system information area, the circuitry configured to:
19. Circuitry for a user equipment for a mobile telecommunications system including at least one entity serving the user equipment, wherein the at least one entity and the user equipment are in a common system information area that includes other entities, the circuitry configured to: receive minimum system information including system information area identifier information; compare a first unique identifier associated with the minimum system information to a second unique identifier associated with system information stored by the user equipment;
receive minimum system information including system information area identifier information; and
and receive, from the at least one entity, system information that is common with the other entities of the system information area.
determine, based on the received system information area identifier information, whether a new system information area is entered.
determine, based on comparing the first unique identifier and the second unique identifier, whether a new system information area is entered;
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 limitations of U.S. Patent No. 12,063,586 to broaden scope by omitting limitations regarding specific identifiers to arrive at the same claimed inventive concept. One would be motivated to do so to provide an obvious variation that would be apparent to one of ordinary skill in the art.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,026,159. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Current Application
U.S. Patent No. 11,026,159
1. A mobile telecommunications system entity for a mobile telecommunications system including at least one anchor cell entity serving at least one user equipment, wherein the at least one entity and the at least one user equipment are located in a common system information area and wherein the at least one anchor cell entity transmits minimum system information to the at least one user equipment, comprising circuitry configured to:
1. A mobile telecommunications system anchor entity for a mobile telecommunications system including at least one entity serving at least one user equipment, wherein the at least one entity and the at least one user equipment are located in a system information area, comprising circuitry configured to: transmit minimum system information to the at least one user equipment, wherein the minimum system information includes system information area identifier information,
transmit at least one of other system information and scheduling information to the at least one user equipment.
wherein the circuitry is further configured to transmit information about entities within the system information area on demand to the at least one user equipment, and the information about entities is transmitted based on at least one of moving speed and moving direction of the user equipment.
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 limitations of U.S. Patent No. 11,026,159 to broaden scope by omitting limitations regarding moving speed and direction to arrive at the same claimed inventive concept. One would be motivated to do so to provide an obvious variation that would be apparent to one of ordinary skill in the art.
Current Application
U.S. Patent No. 11,026,159
2. A mobile telecommunications system entity for a mobile telecommunications system including at least one anchor cell entity serving at least one user equipment, wherein the at least one entity and the at least one user equipment are located in a common system information area and wherein the at least one anchor cell entity transmits minimum system information to the at least one user equipment, comprising circuitry configured to:
1. A mobile telecommunications system anchor entity for a mobile telecommunications system including at least one entity serving at least one user equipment, wherein the at least one entity and the at least one user equipment are located in a system information area, comprising circuitry configured to: transmit minimum system information to the at least one user equipment, wherein the minimum system information includes system information area identifier information,
transmit in a handover command at least one of a new system information area identifier, configuration information and an anchor entity identification.
wherein the circuitry is further configured to transmit information about entities within the system information area on demand to the at least one user equipment, and the information about entities is transmitted based on at least one of moving speed and moving direction of the user equipment.
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 limitations of U.S. Patent No. 11,026,159 to alternatively limit the use of a handover command to convey the same information to arrive at the same claimed inventive concept. One would be motivated to do so to provide an obvious variation that would be apparent to one of ordinary skill in the art.
Current Application
U.S. Patent No. 11,026,159
3. Circuitry for a user equipment of a mobile telecommunications system including at least one entity serving the user equipment, wherein the at least one entity and the user equipment are located in a common system information area, the circuitry configured to:
1. A mobile telecommunications system anchor entity for a mobile telecommunications system including at least one entity serving at least one user equipment, wherein the at least one entity and the at least one user equipment are located in a system information area, comprising circuitry configured to:
receive minimum system information including system information area identifier information; and
transmit minimum system information to the at least one user equipment, wherein the minimum system information includes system information area identifier information,
determine, based on the received system information area identifier information, whether a new system information area is entered.
wherein the circuitry is further configured to transmit information about entities within the system information area on demand to the at least one user equipment, and the information about entities is transmitted based on at least one of moving speed and moving direction of the user equipment.
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 limitations of U.S. Patent No. 11,026,159 to broaden scope by omitting limitations regarding moving speed and direction to arrive at the same claimed inventive concept. One would be motivated to do so to provide an obvious variation that would be apparent to one of ordinary skill in the art.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kubota et al. (US Pub. 2016/0234736).
Regarding claim 1, K1 teaches a mobile telecommunications system entity for a mobile telecommunications system (i.e. network)[paragraph 0104] including at least one anchor cell entity (i.e. base station)[refer Fig. 2; 105a] serving at least one user equipment [refer Fig. 7][paragraph 0100], the at least one entity and the at least one user equipment are located in a common system information area (i.e. coverage area)[paragraph 0104] and the at least one anchor cell entity transmits minimum (i.e. on-demand) system information to the at least one user equipment [paragraph 0084], comprising circuitry configured to:
transmit at least one of other system information and scheduling information to the at least one user equipment [paragraph 0085].
Regarding claim 3, K1 teaches a circuitry for a user equipment [refer Fig. 7][paragraph 0151] of a mobile telecommunications system (i.e. network)[paragraph 0104] including at least one entity (i.e. base station)[refer Fig. 2; 105a] serving the user equipment [paragraph 0100], the at least one entity and the user equipment are located in a common system information area (i.e. coverage area)[paragraph 0104], the circuitry configured to:
receive minimum (i.e. on-demand) system information [paragraph 0084] including system information area identifier information (a master system information block (MSIB) is on demand [paragraph 0107] in which the MSIB includes information identifying an access network cell or zone [paragraph 0111]; and
determine, based on the received system information area identifier information, whether a new system information area is entered (a UE can initiate an update of its stored system information upon the occurrence of a determination that the UE has moved into a new area)[paragraph 0087].
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kubota et al. (US Pub. 2016/0234736) in view of Kim et al. (US Pub. 2019/0069220)(K2 hereafter).
Regarding claim 2, K1 teaches a mobile telecommunications system entity for a mobile telecommunications system (i.e. network)[paragraph 0104] including at least one anchor cell entity (i.e. base station)[refer Fig. 2; 105a] serving at least one user equipment [refer Fig. 7][paragraph 0100], the at least one entity and the at least one user equipment are located in a common system information area (i.e. coverage area)[paragraph 0104] and the at least one anchor cell entity transmits minimum (i.e. on-demand) system information to the at least one user equipment [paragraph 0084], comprising circuitry configured to:
transmit at least one of a new system information area identifier (i.e. cell identifier) and configuration information (the MISB indicates information to which a UE can establish a connection with an access network, including multiple identifiers and random access channel information)[paragraph 0111].
However, K1 fails to disclose transmitting the at least one of a new system information area identifier, configuration information and an anchor entity identification in a handover command.
K2, in the same field of endeavor for receiving on-demand system information [refer Abstract], discloses that a selection of a random access preamble from a random access preamble set can be indicated via system information or a handover command [paragraph 0079].
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 teachings of K1 to explicitly incorporate the use of a handover command to convey information as taught by K2. One would be motivated to do so to provide the use of a known technique in the field of endeavor to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN C KAVLESKI whose telephone number is (571)270-3619. The examiner can normally be reached M-F 6:30am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached on 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Ryan Kavleski
/R. K./
Examiner, Art Unit 2412
/CHARLES C JIANG/Supervisory Patent Examiner, Art Unit 2412
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