CTNF 18/817,628 CTNF 85486 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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-3, 6-9, 11-13 and 16-19 of U.S. Patent No. 12,108, 335 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed limitations recited in the present application are found in the U.S. Patent No. 12,108, 335 with obvious wording variations. Take an example of comparing claims 1 of pending application and claim 1 of the U.S. Patent No.12,108, 335: Pending Application 18/817, 628 U.S. Patent No.12,108, 335 Claim 1, A wake up signal receiving method, comprising: receiving, from a core network device , an identifier of first category to which a terminal device belongs, wherein different categories correspond to different service features ; receiving a configuration of a wake up signal from a network device ; determining , based on the wake up signal and the first category , weather the terminal device is woken up. Claim 2, similar to claim 2 in U.S. Patent No.12,108, 335. Claim 3, similar to claim 3 in U.S. Patent No.12,108, 335. Claim 4, similar to claim 6 in U.S. Patent No.12,108, 335. Claim 5, similar to claim 7 in U.S. Patent No.12,108, 335. Claim 6, similar to claim 8 in U.S. Patent No.12,108, 335. Claim 7, similar to claim 9 in U.S. Patent No.12,108, 335. Claim 8, similar to claim 3 in U.S. Patent No.12,108, 335. Claim 9, similar to claim 16 in U.S. Patent No.12,108, 335. Claim 10, similar to claim 17 in U.S. Patent No.12,108, 335. Claim 11, similar to claim 11 in U.S. Patent No.12,108, 335. Claim 12, similar to claim 12 in U.S. Patent No.12,108, 335. Claim 13, similar to claim 13 in U.S. Patent No.12,108, 335. Claim 14, similar to claim 16 in U.S. Patent No.12,108, 335. Claim 15, similar to claim 17 in U.S. Patent No.12,108, 335. Claim 16, similar to claim 18 in U.S. Patent No.12,108, 335. Claim 17, similar to claim 19 in U.S. Patent No.12,108, 335. Claim 18, similar to claim 3 in U.S. Patent No.12,108, 335. Claim 19 similar to claim 16 in U.S. Patent No.12,108, 335. Claim 20, similar to claim 17 in U.S. Patent No.12,108, 335. Claim 1, A method for receiving wake-up signal s, comprising: receiving, from a core network device , a first category which a terminal device belongs to, wherein the first category corresponds to a first service feature and the first category is a probability value that the terminal device is paged; receiving , from a network device , a configuration of a plurality of wake-up signal s; determining a to-be-monitored wake-up signal in the plurality of wake-up signals based on the first category ; and monitoring the to-be-monitored wake-up signal. Further, the instant claims obviously encompass the claimed invention of U.S. Patent No.12,108, 335 and differ only in terminology. To the extent that the instant claims are broaden and therefore generic to the claimed invention of U.S. Patent No. .12,108, 335, in re Goodman 29 USPQ 2d 2010 CAFC 1993, states that a generic claim cannot be issued without a terminal disclaimer, if a species claim has been previously been claimed in a co-pending application. Allowable Subject Matter Claims 1-20 would be allowable if an approved terminal disclaimer is sent to USPTO, as set forth in this Office action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH E DEAN, JR whose telephone number is (571)270-7116. The examiner can normally be reached Mon-Fri 7:30-3:30. 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, Alison Slater can be reached at 571-270-0375. 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. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH E DEAN, JR/ Primary Examiner, Art Unit 2647 Application/Control Number: 18/817,628 Page 2 Art Unit: 2647 Application/Control Number: 18/817,628 Page 3 Art Unit: 2647 Application/Control Number: 18/817,628 Page 4 Art Unit: 2647 Application/Control Number: 18/817,628 Page 5 Art Unit: 2647 Application/Control Number: 18/817,628 Page 6 Art Unit: 2647 Application/Control Number: 18/817,628 Page 7 Art Unit: 2647
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