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 from pending
Application No. 18/801,681
Claims from U.S.
Patent No. 12,063,601
1. A method of operating a base station, the method comprising:
receiving a power down message;
determining, an overall number of power reduction steps to be used in reducing overall power used for downlink transmissions; and
following said step of determining the overall number of power reduction steps to be used, performing the determined overall number of power reduction steps to reduce overall power used for downlink transmissions during downlink transmission time intervals in response to the power down message.
1. A method of operating a base station, the method comprising:
receiving a power down message;
determining, based on predetermined stored information, a number of power reduction steps to be used in reducing overall power used for downlink transmissions during downlink transmission time intervals to reach zero power in downlink slots; and
reducing overall power used for downlink transmissions during downlink transmission time intervals, in response to the power down message, in a series of incremental downlink power reduction steps.
6. The method of claim 1, further comprising:
using a power reduction step counter to determine when the last of the determined overall number of downlink power reduction steps is being performed; and
switching to using a different timing structure in response to determining that the last of the determined number of downlink power reduction steps is being performed.
9…using a power reduction step counter to determine when the last of the determined number of downlink power reduction steps is being performed; and
switching to using a different timing structure in response to determining that the last of the determined number of downlink power reduction steps is being performed.
7. The method of claim 1, further comprising:
sending a notification of a switch to a no downlink slot timing structure indicating that there will be no downlink slots following the switch to no downlink slot timing structure until such time the base station sends an indication that downlink slots are supported.
3. The method of claim 1, further comprising:
sending a notification of a switch to a no downlink slot timing structure indicating that there will be no downlink slots following the switch to no downlink slot timing structure until such time that the base station sends an indication that downlink slots are supported.
8. The method of claim 1, wherein performing the determined number of power reduction steps includes:
reducing the overall amount of power used during a first time period for downlink transmission by: i) allowing some downlink slots to go unused during said first time period, ii) reducing the transmission power level used in some downlink slots or iii) by both allowing some downlink slots to go unused during said first time period and reducing the transmission power level used in some downlink slots.
4. The method of claim 1, wherein reducing overall power used for downlink transmissions during downlink transmission time intervals, in response to the power down message, in a series of incremental downlink power reduction steps includes:
reducing the overall amount of power used during a first time period for downlink transmission by: i) allowing some downlink slots to go unused during said first time period, ii) reducing the transmission power level used in some downlink slots or iii) by both allowing some downlink slots to go unused during said first time period and reducing the transmission power level used in some downlink slots.
9. The method of claim 8, further comprising:
selecting, one or more downlink slots to go unused during said first time period.
5. The method of claim 4, further comprising: selecting, one or more downlink slots to go unused during said first time period.
10. The method of claim 1, further comprising:
transmitting, from the base station, information indicating a decrease in overall downlink transmission power being used by the base station.
6. The method of claim 5, further comprising:
transmitting information indicating a decrease in overall downlink transmission power being used by the base station.
11. The method of claim 10, further comprising:
transmitting information indicating a timing structure change indicating an increase in the relative number of uplink slots to downlink slots.
7. The method of claim 6, further comprising:
transmitting information indicating a timing structure change indicating an increase in the relative number of uplink slots to downlink slots.
12. The method of claim 9, further comprising:
sending a switch to no DL slot timing notification signal indicating that slots following an uplink only notification signal will be UL slots until a time the base station sends an indication that downlink slots are supported, said switch to no DL slot timing notification notifying UEs that a switch in base station operation is being made to a mode in which zero transmission power is allocated to downlink transmission.
8. The method of claim 5, further comprising:
sending a switch to no downlink slot timing notification signal indicating that slots following an uplink only notification signal will be uplink slots until a time that the base station sends an indication that downlink slots are supported, said switch to no downlink slot timing notification notifying User Equipments (UEs) that a switch in base station operation is being made to a mode in which zero transmission power is allocated to downlink transmission.
13. A base station, the base station comprising:
a receiver;
a transmitter; and
a processor configured to control the base station to:
receive a power down message;
determine, an overall number of power reduction steps to be used in reducing overall power used for downlink transmissions; and
control the base station to perform the determined overall number of power reduction steps to reduce overall power used for downlink transmissions during downlink transmission time intervals in response to the power down message.
11. A base station, the base station comprising:
a receiver;
a transmitter; and
a processor configured to control the base station to:
receive a power down message;
determine, based on predetermined stored information, a number of power reduction steps to be used in reducing overall power used for downlink transmissions during downlink transmission time intervals to reach zero power in downlink slots; and
reduce overall power used for downlink transmissions during downlink transmission time intervals, in response to the power down message, in a series of incremental downlink power reduction steps.
18. The base station of claim 13, wherein the processor is further configured to:
use a power reduction step counter to determine when the last of the determined overall number of downlink power reduction steps is being performed; and
switch the base station to using a different timing structure in response to determining that the last of the determined number of downlink power reduction steps is being performed.
18… use a power reduction step counter to determine when the last of the determined number of downlink power reduction steps is being performed; and
switch to using a different timing structure in response to determining that the last of the determined number of downlink power reduction steps is being performed.
19. The base station of claim 13, wherein the processor is further configured to control the base station to:
send a notification of a switch to a no downlink slot timing structure indicating that there will be no downlink slots following the switch to no downlink slot timing structure until such time the base station sends an indication that downlink slots are supported.
13. The base station of claim 11, wherein the processor is further configured to control the base station to:
send a notification of a switch to a no downlink slot timing structure indicating that there will be no downlink slots following the switch to no downlink slot timing structure until such time the base station sends an indication that downlink slots are supported.
20. The base station of claim 13, wherein the processor is configured to control the base station as part of performing the determined number of power reduction steps, to:
reduce the overall amount of power used during a first time period for downlink transmission by: i) allowing some downlink slots to go unused during said first time period, ii) reducing the transmission power level used in some downlink slots or iii) by both allowing some downlink slots to go unused during said first time period and reducing the transmission power level used in some downlink slots.
14. The base station of claim 11, wherein the processor is further configured, as part of being configured to control the base station to reduce overall power used for downlink transmissions during downlink transmission time intervals, in response to the power down message, in a series of incremental downlink power reduction steps to control the base station to:
reduce the overall amount of power used during a first time period for downlink transmission by: i) allowing some downlink slots to go unused during said first time period, ii) reducing the transmission power level used in some downlink slots or iii) by both allowing some downlink slots to go unused during said first time period and reducing the transmission power level used in some downlink slots.
Claims 1, 6-13 and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-8, 9, 11, 13-14 and 18 of U.S. Patent No. 12,063,601. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of claims 1, 6-13 and 18-20 of the pending Appl. No. 18/801,681 and the subject matter of claims 1, 3-8, 9, 11, 13-14 and 18 of U.S. Patent No. 12,063,601 disclose a similar scope of invention. The similar scope of invention is related to receiving a power down message; determining, an overall number of power reduction steps to be used in reducing overall power used for downlink transmissions; and following said step of determining the overall number of power reduction steps to be used, performing the determined overall number of power reduction steps to reduce overall power used for downlink transmissions during downlink transmission time intervals in response to the power down message. While the claims are not verbatim copies, they are clearly identical in scope.
Claims 2 and 14 are rejected on the ground of nonstatutory obviousness-type double patenting as being respectively unpatentable over claims 1, 3-8, 9, 11, 13-14 and 18 of U.S. Patent No. 12,063,601 in view of Syed et al. (US 2019/0394678), hereinafter “Syed”.
Claims 1, 3-8, 9, 11, 13-14 and 18 of U.S. Patent No. 12,063,601 disclose every feature in the instant Application No. 18/801,681 except the following: regarding claims 2 and 14, wherein said power down message is a message from a spectrum access system (SAS).
Regarding claims 2 and 14, Syed teaches wherein said power down message is a message from a spectrum access system (SAS) (Syed, Fig. 1, Fig. 10, [0077], “In step 1004, the first CBSD, e.g., CBSD 1 102, is operated to receive a power down message from a Spectrum Access Server, e.g., SAS 106”).
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 invention of U.S. Patent No. 12,063,601 to have the features, as taught by Syed in order to prevent interference of the radio transmissions of the first CBSD and the additional CBSD which has entered an active mode or state of operation (Syed, [0077]).
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 .
This office action is a response to an application filed on 08/12/2024 in which claims 1-20 are pending.
Claim Objections
Claims 4, 12 and 16 are objected to because of the following informalities:
Claim 4 recites in line 3 “serviced by the base station” and it should be “serviced by the base station.”.
Claim 12 recites in line 5 “…notifying UEs that…” and it should be ““…notifying User Equipments (UEs) that…”.
Claim 16 recites in line 5 “serviced by the base station” and it should be “serviced by the base station.”.
Appropriate correction is required.
Allowable Subject Matter
Claims 3-5 and 15-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 1-2, 6-14 and 18-20 would be allowable if a proper Terminal Disclaimer is received to overcome the Double Patenting Rejections set above and the claim objections are resolved.
Kezys (US 2008/0181184), Hamabe (US 2002/0002058) and Ostman et al. (US 2008/0039128), hereinafter “Ostman” are the closest prior arts found after examiner’s thorough search.
Regarding amended independent claim 1, the closest prior art of Kezys discloses a method of controlling the loading in wireless access points (Kezys, Figs. 4-5, Fig. 6, [0055], [0058]-[0059]). The access point receives an instruction to reduce its RF transmit power level by a predetermined amount. The RF transmit power level is reduced by the predetermined amount in series of repetitive amounts, until the access point is set to a minimum RF transmit power level.
Regarding amended independent claim 1, the closest prior art of Hamabe discloses that a base station decreases its transmission power P for the predetermined amount S1 (step S18) during the slot values ranging from 0 to Nslot and during the frame values up to Nperiod (Hamabe, Fig. 3, [0091]-[0092], [0094]). The transmission power reduction is performed based on the reception of the power balance control message and the TPC bit.
Regarding amended independent claim 1, the closest prior art of Ostman discloses that a power-down command is signaled using a selected one of four bit long sequences from the bit pattern 01001010 (Ostman, Fig. 12B, [0057]). “The second regulate down decision is generated using the bit sequence 0100 (which is a net gain of -2 dBs/four timeslots) corresponding to the first four bits of the bit pattern 01001010”. From the bit pattern 01001010, the power is regulated in the down direction 5 times, corresponding to the amount of “0” bits. As shown in Fig. 12, the transmit power is regulated based on the bit pattern.
However, regarding independent claim 1, Kezys, Hamabe and Ostman either alone or in combination fail to teach or suggest the underlined claimed features of “A method of operating a base station, the method comprising:
receiving a power down message;
determining, an overall number of power reduction steps to be used in reducing overall power used for downlink transmissions; and
following said step of determining the overall number of power reduction steps to be used, performing the determined overall number of power reduction steps to reduce overall power used for downlink transmissions during downlink transmission time intervals in response to the power down message” when taking in context of claim 1 as a whole. The same rationale applies to independent claim 13. Therefore, allowable over the prior art of record, when interpreted in accordance with the present specification description.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICARDO H CASTANEYRA whose telephone number is (571)272-2486. The examiner can normally be reached M-F 9:00am - 5:30pm.
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/RICARDO H CASTANEYRA/Primary Examiner, Art Unit 2473
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