DETAILED ACTION
This office action is a response to an application field on 8/19/2024, in which claims 1-14 are pending and ready for examination.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Terminal disclaimer note
Examiner left a voice message to applicant’s attorney on the record Mrs. Elizabeth Iglesias (Reg. No. 70659) to file a terminal disclaimer, and has not received any response from the attorney.
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 1-2, 4-9 and 11-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-6, 9-11, 13-16 and 19-20 of U.S. Patent No. 12,082,100B2 (Xu et al. hereinafter, “Xu”). Although the claims at issue are not identical, they are not patentably distinct from each other.
In response to claim 1,
Xu teaches a method, comprising: sending, by a first network device, a first message to a terminal device, wherein the first message comprises information indicating existence of a first-type network, the first-type network is a terrestrial network (TN), and a network provided by the first network device is a non-terrestrial network (NTN) (claims 1 and 4 teach this limitation, high priority network discussed in claim 4 is equated to the first type network ); and
wherein the terminal device is currently located in a network cell provided by the first network device, and the first message is a broadcast message (claim 1, paragraph 1 teaches this limitation).
In response to claim 2,
Xu teaches wherein the first-type network is a high-priority network of the terminal device (claim 4 teaches this limitation).
In response to claim 4,
Xu teaches wherein the first message is used by the terminal device to determine whether an area around the terminal device is covered by the first-type network (claims 2 and 4 teach this limitation, high priority network discussed in claim 4 is equated to the first type network), and
the terminal device does not perform measurement of a cell of the first-type network in response to determining the area around the terminal device is not covered by the first-type network (claim 5 teaches this limitation).
In response to claim 5,
Xu teaches a method, comprising: receiving, by a terminal device, a first message from a first network device, wherein the first message comprises information indicating existence of a first-type network, the first-type network is a terrestrial network (TN), and a network provided by the first network device is a non-terrestrial network (NTN) (claims 1 and 9 teach this limitation, high priority network discussed in claim 9 is equated to the first type network); and
wherein the terminal device is currently located in a network cell provided by the first network device, and the first message is a broadcast message (claim 6 teaches this limitation).
In response to claim 6,
Xu teaches wherein the first-type network is a high-priority network of the terminal device (claim 9 teaches this limitation).
In response to claim 7,
Xu teaches further comprising: determining, by the terminal device, whether an area around the terminal device is covered by the first-type network (claims 2 and 9 teach this limitation, high priority network discussed in claim 9 is equated to the first type network); and
in response to determining the area around the terminal device is not covered by the first-type network, the terminal device does not perform a measurement of a cell of the first-type network (claim 10 teaches this limitation).
In response to claim 8,
Xu teaches a communications apparatus, comprising: one or more processors; and a memory, wherein the memory stores a computer program, and when executing the computer program stored in the memory, the one or more processors execute operations comprising: sending a first message to a terminal device, wherein the first message comprises information indicating an existence of a first-type network, the first-type network is a terrestrial network (TN), and a network provided by the communications apparatus is a non-terrestrial network (NTN) (claims 11 and 14 teach this limitation, high priority network discussed in claim 14 is equated to the first type network); and
wherein the terminal device is currently located in a network cell provided by the communications apparatus, and the first message is a broadcast message (claim 11 teaches this limitation).
In response to claim 9,
Xu teaches wherein the first-type network is a high-priority network of the terminal device (claim 9 teaches this limitation).
In response to claim 11,
Xu teaches wherein the first message is used by the terminal device to determine whether an area around the terminal device is covered by the first-type network (claims 13 and 14 teach this limitation, high priority network discussed in claim 14 is equated to the first type network), and
the terminal device does not perform measurement of a cell of the first-type network in response to determining the area around the terminal device is not covered by the first-type network (claim 15 teaches this limitation).
In response to claim 12,
Xu teaches a communications apparatus, comprising: one or more processors; and a memory, wherein the memory stores a computer program, and when executing the computer program stored in the memory, the one or more processors execute operations comprising: receiving a first message from a first network device, wherein the first message comprises information indicating an existence of a first-type network, the first-type network is a terrestrial network (TN), and a network provided by the first network device is a non-terrestrial network (NTN) (claims 16 and 19 teach this limitation, high priority network discussed in claim 19 is equated to the first type network); and
wherein the communications apparatus is currently located in a network cell provided by the first network device, and the first message is broadcast message (claim 16 teaches this limitation).
In response to claim 13,
Xu teaches wherein the first-type network is a high-priority network of the communications apparatus (claim 19 teaches this limitation).
In response to claim 14,
Xu teaches wherein the one or more processors execute operations further comprising: determining whether an area around the communications apparatus is covered by the first-type network (claims 2 and 19 teach this limitation, high priority network discussed in claim 19 is equated to the first type network); and
in response to determining the area around the communications apparatus is not covered by the first-type network, the communications apparatus does not perform measurement of a cell of the first-type network (claim 20 teaches this limitation).
Claims 3 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim claims 1-2, 4-6, 9-11, 13-16 and 19-20 of U.S. Patent No. 12,082,100B2 (Xu et al. hereinafter, “Xu”) in view of Kumar et al. (20200100151, hereinafter; “Kumar”).
In response to claim 3 and 10,
Xu does not teach explicitly about claims 3 and 10.
Xu teaches wherein sending the first message comprises: in response to identifying that a cell of the first-type network exists around a coverage area of the first network device, sending the first message (paragraph 79, step 1002, received configuration is equated to the first message, base station is equated to a network device or a first network device, steps 1004, detecting is equated to identifying, neighbor cells are interpreted as using cells or coverage area around the first network device, detecting a rank criterion for as measurement event is read as using a high priority or using a first type of network in a cell, step 1006, sending a measurement report by the UE is read as sending a first message in response to identifying that a cell of the first-type network exists around a coverage area of the first network device, sending the first message).
It would have been obvious within the scope of a person of ordinary skill in the art before the effective filing date of the claimed invention to modify XU for sending a first message in response to identifying that a cell of the first-type network exists around a coverage area of the first network device, sending the first message as taught by Kumar because it would allow improving the current new radio (NR) communicating system for fulfilling the increased demand of mobile broadband access.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
20190199420…………………...paragraph 66.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABUSAYEED HAQUE whose telephone number is (571)270-7252. The examiner can normally be reached 9 am -7:30 pm.
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/ABUSAYEED M HAQUE/Examiner, Art Unit 2466
/CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466
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