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 claims at issue 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(CCPA1970); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-20 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over of Present application 18797281 have the nonstatutory obviousness-type double patenting of the US application 18797299.
Claim#
Present application 18797281
US application 18797299
Claim #
1
1. A method of a clustering control function (CCF) of a wireless communication system, comprising:
sending, to a user equipment (UE) that is served by a cluster of base stations of the wireless communication system, a first message comprising a first request for the UE to use a first sub-cluster of a plurality of sub-clusters for a radio bearer of the cluster that is for a plurality of the base stations of the cluster, the first sub-cluster corresponding to a first radio link control (RLC) entity of the cluster; and
receiving, from the UE, a second message comprising a first acknowledgment that the UE uses the first sub-cluster.
1. A method of a clustering control function (CCF) of a wireless communication system, comprising:
sending, to a user equipment (UE) that is served by a cluster of base stations of the wireless communication system and that uses a first radio link control (RLC) entity that corresponds to a first sub-cluster of a plurality of sub-clusters of the cluster that is for a plurality of the base stations of the cluster, a first message comprising a first request that the UE use a radio bearer for first traffic of the first RLC entity; and
receiving, from the UE, a second message acknowledging that the UE uses the radio bearer for the first traffic of the first RLC entity.
1
7
15
7. A method of a base station of a cluster of base stations of a wireless communication system that is serving a user equipment (UE), comprising:
receiving, from a clustering control function (CCF), a first message comprising a request for the base station to operate in a sub-cluster of a plurality of sub-clusters for a radio bearer of the cluster that is for a plurality of the base stations of the cluster, the first sub-cluster corresponding to a radio link control (RLC) entity of the cluster; and
establishing the RLC entity at the base station in response to the request; and sending, to the CCF, a second message comprising an acknowledgment that the base station is operating in the sub-cluster.
15. A method of a user equipment (UE) served by a cluster of base stations of a wireless communication system, comprising: receiving, from a clustering control function (CCF), a first message comprising a first request for the UE to use a first sub-cluster of a plurality of sub-clusters for a radio bearer of the cluster that is for a plurality of the base stations of the cluster, the first sub-cluster corresponding to a first radio link control (RLC) entity of the cluster; and establishing the first RLC entity at the UE in response to the first request; and sending, to the CCF, a second message comprising a first acknowledgment that the UE uses the first sub-cluster.
8. A method of a base station of a cluster of base stations of a wireless communication system that is serving a user equipment (UE) and that is operating in a first sub-cluster of a plurality of sub-clusters of the cluster that is for a plurality of the base stations of the cluster and that corresponds to a first radio link control (RLC) entity, comprising: receiving, from a clustering control function (CCF) of the wireless communication system, a first message comprising a request that the base station use a radio bearer for traffic of the RLC entity;
establishing the radio bearer for use with the traffic of the RLC entity at the base station in response to the request; and sending, to the CCF, a second message acknowledging that the base station uses the radio bearer for the traffic of the RLC entity.
14. A method of a user equipment (UE) served by a cluster of base stations of a wireless communication system and that uses a first radio link control (RLC) entity of the cluster that corresponds to a first sub-cluster of a plurality of sub-clusters of the cluster that is for a plurality of the base stations of the cluster, comprising: receiving, from a clustering control function (CCF) of the wireless communication system, a first message comprising a first request that the UE use a radio bearer for first traffic of the first RLC entity; establishing the radio bearer for use with the first traffic of the first RLC entity at the UE in response to the first request; and sending, to the CCF, a second message acknowledging that the UE uses the radio bearer for the first traffic of the first RLC entity.
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14
The dependent claims of the Present application 18797281 have the nonstatutory obviousness-type double patenting of the US application 18797299.
Thus, the claims of the US application 18797299 contain every element of the claims, of the instant application and thus anticipate the claims of the instant application. Claims of the instant application therefore are not patently distinct from the earlier patent claims and as such are unpatentable over obvious-type double patenting.
Conclusion
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/ABDELTIF AJID/ Primary Examiner, Art Unit 2478
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