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.
Claims 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent No. 12,089,169. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-30 of U.S. Patent No. 12,089,169 recite similar claimed subject matters as specified in claims 1-30 of the instant application, with various wordings.
Allowable Subject Matter
Claims 1-30 would be allowable if rewritten or amended to overcome the nonstatutory double patenting rejection, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art to the claimed subject matters is Huang (2020/0404657). Huang discloses methods, systems, and devices for wireless communication are described. Generally, the described techniques provide for a power headroom report for multiple radio access technologies (RATs). A user equipment (UE) may support multiple RATs that correspond to different transmission time intervals (TTIs). A UE may determine a reporting schedule for power headroom reports (PHRs) for a first RAT and a second schedule for PHRs for a second RAT. The UE may generate a PHR for the first RAT and a companion PHR for the second RAT, and may transmit the PHR and companion PHR based at least in part on the first PHR schedule. In some examples, the UE may receive a PHR type from the base station, and may determine a joint PHR based on the type. The UE may determine a joint PHR schedule based on a granularity of supported RATs (See figs. 5, 8. 16-22 and par [0120-0126, 0192-0209]). However, none of cited prior arts of record, alone or in combination, discloses an apparatus and method for wireless communication at a user equipment (UE), comprising: receiving first signaling indicating a plurality of component carriers are configured for the UE; receiving second signaling scheduling data channel resources of a first component carrier of the plurality of component carriers and control channel resources; and transmitting, over the data channel resources, either: a single report if the control channel resources are scheduled on the first component carrier, the single report comprising an indication of available transmission power for data transmissions over the first component carrier, or a combined report if the control channel resources are scheduled on a second component carrier of the plurality of component carriers, the combined report comprising a first parameter indicating available transmission power for the data transmissions over the first component carrier, a second parameter indicating available transmission power for the control channel resources scheduled on the second component carrier, or any combination thereof, as specified in claims 1 and 24; or an apparatus and method for wireless communication at a network device in communication with a user equipment (UE), comprising: transmitting first signaling indicating a plurality of component carriers are configured for the UE; transmitting second signaling scheduling data channel resources in a first component carrier of the plurality of component carriers and control channel resources; and receiving, over the data channel resources, either: a single report if the control channel resources are scheduled on the first component carrier, the single report comprising an indication of available transmission power for data transmissions over the first component carrier, or a combined report if the control channel resources are scheduled on a second component carrier of the plurality of component carriers , the combined report comprising a first parameter indicating available transmission power for the data transmissions over the first component carrier, a second parameter indicating available transmission power for the control channel resources scheduled on the second component carrier, or any combination thereof, as specified in claims 12 and 29.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See PTO-892 for a listing of cited prior arts of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN A TRAN whose telephone number is (571)272-7858. The examiner can normally be reached Mon-Fri: 7:30 AM - 5:00 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, Wesley Kim can be reached at (571) 272-7867. 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.
/TUAN A TRAN/Primary Examiner, Art Unit 2648
Prosecution Insights