CTNF 18/814,651 CTNF 76996 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA 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. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-4, 7, 12, 14-16 and 19 of U.S. Patent No. 12,127,126 . Although the claims at issue are not identical, they are not patentably distinct from each other because both inventions are drawn to performing paging reception in a manner to conserve battery power . Claim Analysis : Claims 1, 9 and 17 of the present application correspond to claims 1-4 of U.S. Patent No. 12,127,126. Claims 2, 10 and 18 of the present application correspond to claim 1 of U.S. Patent No. 12,127,126. Claims 3, 11 and 19 of the present application correspond to claim 2 of U.S. Patent No. 12,127,126. Claims 4 and 12 of the present application correspond to claim 4 of U.S. Patent No. 12,127,126. Claims 5 and 13 of the present application correspond to claim 19 of U.S. Patent No. 12,127,126. Claims 6 and 14 of the present application correspond to claim 14 of U.S. Patent No. 12,127,126. Claims 7 and 15 of the present application correspond to claim 7 of U.S. Patent No. 12,127,126. Claims 8 and 16 of the present application correspond to claim 12 of U.S. Patent No. 12,127,126 . Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. (Lee), U.S. Patent Pub. No. 2020/0120634 . Regarding claims 1, 9 and 17, Lee discloses an apparatus (UE and method) comprising: one or more processors coupled to a memory, the one or more processors ( the WTRU 102 may include a processor 118…non-removable memory 130, removable memory 132 ) (0031) configured to: perform a paging reception, when in a camped on any cell state, by processing only a physical downlink control channel (PDCCH); or perform the paging reception, when in a camped normally state, by processing a first reception of the PDCCH, and processing a second reception of a physical downlink shared channel (PDSCH); and receive a communication, according to the paging reception ( For paging, a WTRU may periodically monitor a physical downlink control channel (PDCCH) for a downlink control information (DCI) or downlink (DL) assignment on a PDCCH masked with a paging RNTI (P-RNTI), for example, in idle mode and/or in connected mode ) (0072). Regarding claims 2, 10 and 18, Lee discloses wherein the one or more processors are configured to enter into an idle mode before performing the paging reception ( A WTRU may monitor PDCCH for P-RNTI discontinuously, for example, to reduce battery consumption when there may be no pages for the WTRU. DRX may be or include the process of monitoring PDCCH discontinuously. In idle mode, DRX may be or include the process of monitoring PDCCH discontinuously for P-RNTI, for example to monitor for or listen to a paging message during RRC idle state. ) (0078). Regarding claims 3, 11 and 19, Lee discloses wherein the one or more processors are further configured to: enter into an idle mode by entering into the camped on any cell state in response to a cell being selected irrespective of a public land mobile network (PLMN) identity ( A WTRU may monitor PDCCH for P-RNTI discontinuously, for example, to reduce battery consumption when there may be no pages for the WTRU. DRX may be or include the process of monitoring PDCCH discontinuously. In idle mode, DRX may be or include the process of monitoring PDCCH discontinuously for P-RNTI, for example to monitor for or listen to a paging message during RRC idle state. ) (0078). Regarding claims 4, 12 and 20, Lee discloses wherein the PDSCH is processed based on an allocated radio resource of a downlink control information (DCI) of the PDCCH ( For paging, a WTRU may periodically monitor a physical downlink control channel (PDCCH) for a downlink control information (DCI) or downlink (DL) assignment on a PDCCH masked with a paging RNTI (P-RNTI), for example, in idle mode and/or in connected mode ) (0072). Regarding claims 5 and 13, Lee discloses wherein the PDCCH is processed by only processing an allocated downlink control information (DCI) of the PDCCH is processed ( For paging, a WTRU may periodically monitor a physical downlink control channel (PDCCH) for a downlink control information (DCI) or downlink (DL) assignment on a PDCCH masked with a paging RNTI (P-RNTI), for example, in idle mode and/or in connected mode ) (0072). Regarding claims 6 and 14, Lee discloses wherein the one or more processors are further configured to: reduce power in the paging reception by monitoring a presence of an early warning system message and a system information change indication comprised only in the PDCCH ( a WTRU may monitor for or listen to the paging message for incoming calls, system information change, Earthquake and Tsunami Warning Service (ETWS) notification for ETWS capable WTRUs, Commercial Mobile Alert System (CMAS) notification. Extended Access Barring parameters modification, or the like. ) (0077). Regarding claims 7 and 15, Lee discloses wherein the one or more processors are further configured to: in response to being in the camped normally state, determine inherently a user equipment (UE) identifier in a paging message in the PDSCH based on a downlink control information (DCI) comprised in the PDCCH ( For paging, a WTRU may periodically monitor a physical downlink control channel (PDCCH) for a downlink control information (DCI) or downlink (DL) assignment on a PDCCH masked with a paging RNTI (P-RNTI), for example, in idle mode and/or in connected mode. When a WTRU detects or receives a DCI or DL assignment using a P-RNTI, the WTRU may demodulate the associated or indicated physical downlink shared channel (PDSCH) resource blocks (RBs) and/or may decode a paging channel (PCH) that may be carried on an associated or indicated PDSCH. A PDSCH carrying PCH may be referred to as a PCH PDSCH. ) (0072). Regarding claims 8 and 16, Lee discloses wherein an information of the PDCCH comprises at least one of: an early warning system message or a system information change indication, the early warning system message comprising an Earthquake and Tsunami Warning System, ETWS, message or Commercial Mobile Alert System, CMAS, message ( a WTRU may monitor for or listen to the paging message for incoming calls, system information change, Earthquake and Tsunami Warning Service (ETWS) notification for ETWS capable WTRUs, Commercial Mobile Alert System (CMAS) notification. Extended Access Barring parameters modification, or the like. ) (0077) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park et al. U.S. Patent Pub. No. 2019/0357172 discloses RAN paging transmission by a base station. Sandberg et al. U.S. Patent Pub. No. 2015/0181446 discloses methods and a radio access node for determining cell state. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEMICA M. BEAMER whose telephone number is (571)272-7797. The examiner can normally be reached Monday thru Friday; 9:00 AM to 3:00 PM. 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, Matthew D. Anderson can be reached at 571-272-4177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TEMICA M BEAMER/ Primary Examiner, Art Unit 2646 Application/Control Number: 18/814,651 Page 2 Art Unit: 2646 Application/Control Number: 18/814,651 Page 3 Art Unit: 2646 Application/Control Number: 18/814,651 Page 4 Art Unit: 2646 Application/Control Number: 18/814,651 Page 5 Art Unit: 2646 Application/Control Number: 18/814,651 Page 6 Art Unit: 2646 Application/Control Number: 18/814,651 Page 7 Art Unit: 2646 Application/Control Number: 18/814,651 Page 8 Art Unit: 2646 Application/Control Number: 18/814,651 Page 9 Art Unit: 2646
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