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.
Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,069,153. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, U.S. Patent No. 12,069,153 recites a method comprising:
generating a packet including an abbreviated header, the abbreviated header including a pointer corresponding to values for multiple parameters associated with a physical layer of communication rather than including the values for the multiple parameters (Claim 1, A method comprising: generating a packet including an abbreviated header, the abbreviated header including a pointer corresponding to values for multiple parameters associated with a physical layer of communication rather than including the values for the multiple parameters…); and
transmitting the packet to a client device according to the values for the multiple parameters (Claim 1, …transmitting the packet to a client device according to the values for the multiple parameters).
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crosta et al. (US 2014/0119377).
Regarding claim 1, Crosta discloses a method comprising:
generating a packet including an abbreviated header (Figure 2, generating a compressed packet includes a compressed (abbreviated) header), the abbreviated header including a pointer corresponding to values for multiple parameters associated with a physical layer of communication rather than including the values for the multiple parameters (Paragraph 98, the compressed header including a code (pointer) from code book database corresponding at least extracted part of the header and wherein Figures 2 and 3 show the code (pointer) corresponding to values for multiple parameters (at least MAC source/destination addresses, length/type...) associated with an OSI layer (at least layer 2 (MAC) of OSI) of communication rather than including the values for the multiple parameters (Figure 3, single code instead of the values for the multiple parameters); Crosta discloses the compression method being applied to an Ethernet frame (Paragraphs 36, 46, 87, 96, 113 and figure 2), i.e. Ethernet header compression (EHC), which is a protocol that executes at the PHY layer); and
transmitting the packet to a client device according to the values for the multiple parameters (Paragraph 98, transmitting the compressed packet according to the values for the multiple parameters (at least MAC source/destination addresses, length/type...)). Crosta further discloses that the multiple parameters are associated with an OSI layer (data link layer “layer 2”) (Figure 2, MAC...) and also can be expanded to other fields of other layers such as layer 3 and layer 4 protocol fields according to the OSI stack (Paragraph 90) and transmitting the packet according to the compressed/recalled values (Figure 7 step 710, decompressing (processing) according to the values/parameters; Crosta discloses the compression method being applied to an Ethernet frame (Paragraphs 0036, 0046, 0087, 0096, 0113 and figure 2), i.e. Ethernet header compression (EHC), which is a protocol that executes at the PHY layer).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OTIS L THOMPSON, JR whose telephone number is (571)270-1953. The examiner can normally be reached Monday - Friday, 6:30am - 7:00pm.
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/OTIS L THOMPSON, JR/Primary Examiner, Art Unit 2477
June 2, 2026
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