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 action is in response to the application filed on 26 August 2024.
Claims 23-42 are under examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02 December 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
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).
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Claims 23-42 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11,653,218. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claims are broader in every aspect than the claims of U.S. Patent No. 11,653,218 and is therefore an obvious variant thereof.
Claims 23, 30, and 36 of the instant application is directed to A computerized method for operating a computerized client device, comprising: receiving, at the computerized client device and from a node apparatus, first data indicating a first resource bandwidth part (BWP); transmitting, to the node apparatus, second data representative of a plurality of connected devices supported by the computerized client device, the transmitted second data enabling a calculation of a bandwidth requirement sufficient to support the plurality of connected devices; receiving the bandwidth requirement; determining capability information sufficient to support the bandwidth requirement; transmitting the capability information to the node apparatus; and receiving, from the node apparatus, a second resource BWP sufficient to support the capability information.
Claim 1, 12, and 19 of the U.S. Patent No. 11,653,218 is directed to A method for allocating resources in a 5G network comprising Citizens Broadband Radio Service Device (CBSD) nodes configured for communicating via granted spectrum with customer premises equipment (CPE) and user equipment (UE) to provide network services thereto, the method comprising: at a CBSD node, assigning to each CPE connecting thereto a respective low resource bandwidth part (BWP); at the CBSD node, in response to receiving from a CPE a list of connected devices being supported by the CPE, transmitting the list toward a policy control function (PCF) at a core network serving the CBSD node, the transmitted list being configured to cause the PCF to calculate a CPE bandwidth requirement sufficient to support the list of connected devices; at the CBSD node, in response to receiving the CPE bandwidth requirement from the PCF, forwarding the CPE bandwidth requirement toward the CPE, the CPE bandwidth requirement being configured to cause the CPE to determine a UE capability information sufficient to support the CPE bandwidth requirement; and at the CBSD node, in response to receiving from the CPE the determined UE capability information, assigning a BWP to the CPE sufficient to support the determined UE capability information.
Claims 23, 30, and 36 of the present application merely broaden the scope of independent Claim 1, 12, and 19 of the U.S. Patent No. 11,653,218 by eliminating transmitting the list toward a policy control function (PCF) at a core network serving the CBSD node
Dependent claims 24-29, 31-35, and 37-42 of instant application is rejected for the same reasoning as the independent claims 23, 30, and 36.
Claims 23-42 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,075,261. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claims are broader in every aspect than the claims of U.S. Patent No. 12,075,261 and is therefore an obvious variant thereof.
Claims 23, 30 and 36 of the instant application is directed to A computerized method for operating a computerized client device, comprising: receiving, at the computerized client device and from a node apparatus, first data indicating a first resource bandwidth part (BWP); transmitting, to the node apparatus, second data representative of a plurality of connected devices supported by the computerized client device, the transmitted second data enabling a calculation of a bandwidth requirement sufficient to support the plurality of connected devices; receiving the bandwidth requirement; determining capability information sufficient to support the bandwidth requirement; transmitting the capability information to the node apparatus; and receiving, from the node apparatus, a second resource BWP sufficient to support the capability information.
Claim 1, 22 and 23 of the U.S. Patent No. 12,075,261 is directed to A method for allocating resources in a 5G network comprising Citizens Broadband Radio Service Device (CBSD) nodes configured for communicating via granted spectrum with customer premises equipment (CPE) and user equipment (UE) to provide network services thereto, the method comprising: at a policy control function (PCF) of a core network serving a CBSD node having at least one CPE connecting thereto and assigned a respective low resource bandwidth part (BWP), receiving from the CBSD node a list of CPE connected devices supported by the CBSD node; and at the PCF, calculating for the at least one CPE, at least one respective bandwidth requirement sufficient to support respective ones of the CPE connected devices, and transmitting the at least one respective bandwidth requirement toward the CBSD node for use by the at least one CPE; wherein the at least one respective bandwidth requirement is configured to cause the at least one CPE to determine CPE UE capability information sufficient to support the at least one respective bandwidth requirement, the CPE UE capability information enabling the CBSD node to assign a BWP to the at least one CPE sufficient to support the determined CPE UE capability information.
Claims 23, 30 and 36 of the present application merely broaden the scope of independent Claim 1, 22 and 23 of the U.S. Patent No. 12,075,261 by eliminating at a policy control function (PCF) of a core network serving a CBSD node having at least one CPE connecting thereto and assigned a respective low resource bandwidth part (BWP),
Dependent claims 24-29, 31-35, and 37-42 of instant application is rejected for the same reasoning as the independent claims 23, 30, and 36.
It has been held that the omission an element and its function is an obvious expedient if the remaining elements perform the same as before. In Re Karlson, 136 USPQ 184 (CCPA). Also, note Ex Parte Rainu, 168 USPQ 375 (Bd.App. 1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art.
Conclusion
the closest prior art reference of record, Patel et al. (US Publication 2020/0169339), discloses a fixed wireless access device may include a memory configured to store instructions and a processor configured to execute the instructions to activate a Fifth Generation (5G) scanning mode and scan for 5G wireless signals associated with a provider that is also associated with the fixed wireless access device. The processor may be further configured to detect a 5G wireless signal associated with the provider; determine a signal strength for the detected 5G wireless signal; and generate an indication of the determined signal strength to be displayed in a user interface associated with the fixed wireless access device.
The analogous prior art reference, Zhao et al. (US Publication 2020/0092712), discloses A device receives information identifying device types associated with respective user devices, and determines a mechanism to indicate a device type, of the device types, to a network device associated with a network. The device type is associated with a user device of the respective user devices, and the mechanism includes a device type field, a device profile identifier, or an assistance information message that indicate the device type of the user device to the network device. The device provides, to the user device via the network device, information identifying the mechanism to indicate the device type of the user device to the network device. The information identifying the mechanism enables the user device to utilize the mechanism to indicate the device type of the user device to the network device.
Any inquiry concerning this communication from the examiner should be directed to ABDULLAHI AHMED whose telephone number is (571) 270-3652. The examiner can normally be reached on M-F 8:00AM-4:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khalid Kassim can be reached on 571-270-3370. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDULLAHI AHMED/Examiner, Art Unit 2475
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