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.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. US 12088412 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
claim 1 of the current application is directed to a communication device comprising:
Claim 1 of U.S. Patent No. US 12088412 B2 is directed to a communication device comprising:
A transceiver; and
A transceiver; and
Processing circuit configured to:
processing circuitry configured to:
perform error correction coding processing on combined data that is obtained by combining first data and second data to be used as an input for the error correction coding processing so as to generate redundant data that comprises a parity code sequence,
perform error correction coding processing on combined data that is obtained by combining first data and second data to be used as an input for the error correction coding processing so as to generate redundant data that comprises a parity code sequence,
wherein the error correction coding processing on the combined data comprises:
wherein the error correction coding processing on the combined data comprises:
generating a first bit of the parity code sequence based on predetermined bits of the first data and one bit of the second data, and
generating a first bit of the parity code sequence based on two bits of the first data and one bit of the second data, and
generating a second bit of the parity code sequence based on another bit of the first data, different from the predetermined bits of the first data, and the one bit of the second data;
generating a second bit of the parity code sequence based on one bit of the first data. different from the two bits of the first data, and the one bit of the second data;
generate a transmission signal based only on the second data and the redundant data; and
generate a transmission signal based only on the second data and the redundant data; and
transmit the transmission signal to another communication device.
transmit the transmission signal to another communication device.
The Examiner would like to point out that “predetermined bits” is a broadening of the term “two bits” since “two bits” are predetermined bits.
As per independent claims 15 and 16 in the current application, claims 15 and 16 recite all the same functional limitations as in claim 1; hence, are rejected for the same reasons as above.
Conclusion
US 20220029638 A1 is directed to forward error correction for data transmitted over a wireless communication system; and, is a good teaching reference.
US 11050514 B1 is directed to forward error correction for control data transmitted over a wireless communication system; and, was used in a 103 rejection, above.
US 9954635 B2 is directed to the use of for their correction for transmission over a wireless communication system; and, is a good teaching reference.
US 20160134392 A1 is directed to the use of forward error correction or control data such as sync headers; and, is a good teaching reference.
US 20150334004 A1 is directed to the use of soft decision forward error correction for use in protecting data communicated in wireless communication system; and, is a good teaching reference.
US 9178659 B2 is directed to the use of forward error correction for protecting header information in a communication system; and, is a good teaching reference.
US 20150135041 A1 is directed to forward error correction for packet data transmitted over wireless communication system; and, is a good teaching reference.
US 20140314157 A1 is directed to forward error correction for packet data in support of a broadcasting system; and, is a good teaching reference.
US 20110197106 A1 is directed to forward error correction for packet data for use in a wireless communication system; and, is a good teaching reference.
US 20100077276 A1 is directed to a method for providing different degrees of encoding for different data segments; and, was used in 102 and 103 rejections, above.
US 20100005351 A1 is directed to the use of different channels for communicating control information and data packet information; and, was used in a 103 rejection, above.
US 20080159251 A1 is directed to forward error correction or control data and information data packets; and, was used in a 103 rejection, above.
US 20070105508 A1 is directed to a wireless communication system providing multiple antennas with different degrees of quality of service; and, was used in a 103 rejection, above.
US 5309450 A is directed to forward error correction for digital image information; and, is a good teaching reference.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH D TORRES whose telephone number is (571)272-3829. The examiner can normally be reached Monday-Friday 10-7 PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Albert Decady can be reached on 571-272-3819. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH D TORRES/Primary Examiner, Art Unit 2112