DETAILED ACTION
This action is response to application number 18/815,269, dated on 11/13/2024.
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.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No.12,074,679 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claims 1, 7, 11, 17, U.S. Patent No.12,074,679 claim 1 discloses a method performed by a terminal in a wireless communication system, the method comprising:
receiving a radio resource control (RRC) message including beam failure recovery (BFR) configuration information for a serving cell (receiving BFR configuration information during an ongoing random access procedure for BFR; claim 1);
identifying whether there is an ongoing random access procedure for BFR on the serving cell (claim 1; claim 5); and
in case that the BFR configuration information is reconfigured during the ongoing random access procedure for BFR, performing the ongoing random access procedure for BFR using an updated configuration in the BFR configuration information (performing the random access procedure for BFR based on the RACH configuration in the received BFR configuration information; claim 1; claim 2).
Claims 2, 8, 12, 18, U.S. Patent No.12,074,679 claim 1 discloses wherein the updated configuration includes resource information for a random access channel (RACH) and at least one parameter related to the RACH (identifying whether a random access channel (RACH) configuration in the received BFR configuration information is different from a current RACH configuration being used for the ongoing random access procedure for BFR; claim 1; wherein the RACH configuration in the BFR configuration information includes contention-free random access resources; claim 3).
Claims 3, 9, 13, 19, U.S. Patent No.12,074,679 claim 1 discloses wherein the updated configuration is used for subsequent random access channel (RACH) attempts in the ongoing random access procedure for BFR (initiating a new random access procedure for BFR based on the RACH configuration in the received BFR configuration information; claim 1).
Claims 4, 10, 14, 20, U.S. Patent No.12,074,679 claim 5 discloses wherein the RRC message is received on a primary cell (PCell) and the serving cell is a primary secondary cell group (SCG) cell (PSCell) (claim 5).
Claims 5, 15, U.S. Patent No.12,074,679 claims 4 and 7 discloses identifying whether a contention-free random access resource for a BFR request is updated (claim 3; claim 4); and
in case that the contention-free random access resource for the BFR request is updated, starting a BFR timer (claim 7).
Claims 6, 16, U.S. Patent No.12,074,679 claim 8 discloses based on the ongoing random access procedure for BFR being successfully completed before the BFR timer expires, stopping the BFR timer and considering that a BFR for the serving cell is successfully completed (claim 7; claim 8).
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11,595,107 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claims 1, 7, 11, 17, U.S. Patent No. 11,595,107 claim 1 discloses a method performed by a terminal in a wireless communication system, the method comprising:
receiving a radio resource control (RRC) message including beam failure recovery (BFR) configuration information for a serving cell (receiving BFR configuration information for a serving cell; claim 1);
identifying whether there is an ongoing random access procedure for BFR on the serving cell (detecting an ongoing random access procedure; claim 1); and
in case that the BFR configuration information is reconfigured during the ongoing random access procedure for BFR, performing the ongoing random access procedure for BFR using an updated configuration in the BFR configuration information (performing the random access procedure for BFR based on the RACH configuration in the received second reconfiguration message; claim 1).
Claims 2, 8, 12, 18, U.S. Patent No. 11,595,107 claim 6 discloses wherein the updated configuration includes resource information for a random access channel (RACH) and at least one parameter related to the RACH (claim 4; claim 5; claim 6).
Claims 3, 9, 13, 19, U.S. Patent No. 11,595,107 claim 1 discloses wherein the updated configuration is used for subsequent random access channel (RACH) attempts in the ongoing random access procedure for BFR (initiating a second RA procedure for BFR on the serving cell based on the new BFR configuration information for the serving cell; claim 1).
Claims 4, 10, 14, 20, U.S. Patent No. 11,595,107 claim 2 discloses wherein the RRC message is received on a primary cell (PCell) and the serving cell is a primary secondary cell group (SCG) cell (PSCell) (claim 2).
Claims 5, 15, U.S. Patent No. 11,595,107 claims 4 and 5 discloses identifying whether a contention-free random access resource for a BFR request is updated (claim 4; claim 5); and
in case that the contention-free random access resource for the BFR request is updated, starting a BFR timer (claim 4; claim 5).
Claims 6, 16, U.S. Patent No. 11,595,107 claim 1 discloses based on the ongoing random access procedure for BFR being successfully completed before the BFR timer expires, stopping the BFR timer and considering that a BFR for the serving cell is successfully completed (starting and stopping the random access procedure timer when the random access procedure for the serving cell is successfully completed; claim 1).
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 10,965,361 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claims 1, 7, 11, 17, U.S. Patent No. 10,965,361 claim 1 discloses a method performed by a terminal in a wireless communication system, the method comprising:
receiving a radio resource control (RRC) message including beam failure recovery (BFR) configuration information for a serving cell (receiving BFR configuration information; claim 1);
identifying whether there is an ongoing random access procedure for BFR on the serving cell (detecting an ongoing random access procedure; claim 1); and
in case that the BFR configuration information is reconfigured during the ongoing random access procedure for BFR, performing the ongoing random access procedure for BFR using an updated configuration in the BFR configuration information (performing the random access procedure for BFR based on the new BFR configuration; claim 1).
Claims 2, 8, 12, 18, U.S. Patent No. 10,965,361 claim 4 discloses wherein the updated configuration includes resource information for a random access channel (RACH) and at least one parameter related to the RACH (claim 4).
Claims 3, 9, 13, 19, U.S. Patent No. 10,965,361 claim 6 discloses wherein the updated configuration is used for subsequent random access channel (RACH) attempts in the ongoing random access procedure for BFR (maintaining the RA procedure when a new BFR is not received; claim 1).
Claims 4, 10, 14, 20, U.S. Patent No. 10,965,361 claim 5 discloses wherein the RRC message is received on a primary cell (PCell) and the serving cell is a primary secondary cell group (SCG) cell (PSCell) (receiving RRC message from a first cell and a second cell; claim 5).
Claims 5, 15, U.S. Patent No. 10,965,361 claims 2 and 3 discloses identifying whether a contention-free random access resource for a BFR request is updated (claim 2; claim 3); and
in case that the contention-free random access resource for the BFR request is updated, starting a BFR timer (claim 2; claim 3).
Claims 6, 16, U.S. Patent No. 10,965,361 claim 1 discloses based on the ongoing random access procedure for BFR being successfully completed before the BFR timer expires, stopping the BFR timer and considering that a BFR for the serving cell is successfully completed (starting and stopping the random access procedure timer when the random access procedure for the serving cell is successfully completed; claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KOUROUSH MOHEBBI whose telephone number is (571)270-7908. The examiner can normally be reached 7:30AM-5:00PM.
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/KOUROUSH MOHEBBI/Primary Examiner, Art Unit 2471
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