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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
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Claims 1, 13, 28 and 29 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 13, and 19 of U.S. Patent No. 12,199,709 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
U.S. Patent No. 12,199,709 B2
Claim 1, An apparatus for wireless communication at a network entity, comprising: one or more memories; and one or more processors coupled with the one or more memories and configured to cause the network entity to: receive information associated with a component of a repeater; determine a configuration for the component of the repeater based at least in part on the information associated with the component of the repeater, wherein the configuration for the component of the repeater includes information associated with at least a beamforming configuration, and wherein a control command, associated with the configuration for the component of the repeater, includes a set of control fields that includes at least one of a timing configuration field, or a beamforming configuration field; and communicate the configuration for the component of the repeater.
Claim 1. A method of wireless communication performed at a network entity, comprising: receiving information associated with a component of an analog millimeter wave signal repeater that is configured to amplify an analog millimeter wave signal; determining a configuration for the component of the analog millimeter wave signal repeater based at least in part on the information associated with the component of the analog millimeter wave signal repeater, wherein the configuration for the component of the analog millimeter wave signal repeater includes information associated with at least a beamforming configuration, and wherein a control command, associated with the configuration for the component of the analog millimeter wave signal repeater, includes a set of control fields including: a timing configuration field, a beamforming configuration field, and a power configuration field; and communicating the configuration for the component of the analog millimeter wave signal repeater.
Claim 13. An apparatus for wireless communication at a repeater, comprising: one or more memories; and one or more processors coupled with the one or more memories and configured to cause the repeater to: receive a configuration for a component of the repeater, wherein the configuration for the component of the repeater includes information associated with the component of the repeater and information associated with at least a beamforming configuration, and wherein a control command, associated with the configuration for the component of the repeater, includes a set of control fields that includes at least one of a timing configuration field, or a beamforming configuration field ; and configure the component of the repeater based at least in part on the configuration for the component of the repeater.
Claim 13. A method of wireless communication performed at an analog millimeter wave signal repeater, comprising: transmitting information associated with a component of the analog millimeter wave signal repeater, wherein the analog millimeter wave signal repeater is configured to amplify an analog millimeter wave signal; receiving, after transmitting the information associated with the component of the analog millimeter wave signal repeater, a configuration for the component of the analog millimeter wave signal repeater, wherein the configuration for the component of the analog millimeter wave signal repeater includes information associated with at least a beamforming configuration, and wherein a control command, associated with the configuration for the component of the analog millimeter wave signal repeater, includes a set of control fields including: a timing configuration field, a beamforming configuration field, and a power configuration field; and configuring the component of the analog millimeter wave signal repeater based at least in part on the configuration for the component of the analog millimeter wave signal repeater.
Claim 28. An apparatus for wireless communication at a network entity, comprising: one or more memories; and one or more processors coupled with the one or more memories and configured to cause the network entity to: receive information associated with a first interface of a repeater, wherein the information associated with the first interface includes information associated with at least one of a capability associated with the first interface, a configuration of the first interface, an architecture of the first interface, or any combination thereof; determine a configuration for the first interface based at least in part on the information associated with the first interface, wherein the configuration includes information associated with a transmit beam beamforming configuration or a receive beam beamforming configuration, and wherein a control command associated with the configuration for the first interface includes a set of control fields that includes at least one of a timing configuration field, or a beamforming configuration field; and communicate the configuration for the first interface via a second interface of the repeater, wherein the second interface is different from the first interface.
Claim 13. A method of wireless communication performed at an analog millimeter wave signal repeater, comprising: transmitting information associated with a component of the analog millimeter wave signal repeater, wherein the analog millimeter wave signal repeater is configured to amplify an analog millimeter wave signal; receiving, after transmitting the information associated with the component of the analog millimeter wave signal repeater, a configuration for the component of the analog millimeter wave signal repeater, wherein the configuration for the component of the analog millimeter wave signal repeater includes information associated with at least a beamforming configuration, and wherein a control command, associated with the configuration for the component of the analog millimeter wave signal repeater, includes a set of control fields including: a timing configuration field, a beamforming configuration field, and a power configuration field; and configuring the component of the analog millimeter wave signal repeater based at least in part on the configuration for the component of the analog millimeter wave signal repeater.
Claim 19. The method of claim 13, wherein the information associated with the component of the analog millimeter wave signal repeater includes information that identifies one or more components of the component of the analog millimeter wave signal repeater and capability information associated with the one or more components of the component of the analog millimeter wave signal repeater.
Claim 29. An apparatus for wireless communication at a repeater, comprising: one or more memories; and one or more processors coupled with the one or more memories and configured to cause the repeater to: obtain information associated with a first interface of the repeater, wherein the information associated with the first interface includes information associated with at least one of: a capability associated with the first interface, a configuration of the first interface, an architecture of the first interface, or a combination thereof; receive, via a second interface of the repeater, a configuration for the first interface, wherein the second interface is different from the first interface, wherein the configuration includes information associated with a transmit beam beamforming configuration or a receive beam beamforming configuration, and wherein a control command associated with the configuration for the first interface includes a set of control fields that includes at least one of a timing configuration field or a beamforming configuration field; and configure the first interface based at least in part on the configuration.
Claim 1. A method of wireless communication performed at a network entity, comprising: receiving information associated with a component of an analog millimeter wave signal repeater that is configured to amplify an analog millimeter wave signal; determining a configuration for the component of the analog millimeter wave signal repeater based at least in part on the information associated with the component of the analog millimeter wave signal repeater, wherein the configuration for the component of the analog millimeter wave signal repeater includes information associated with at least a beamforming configuration, and wherein a control command, associated with the configuration for the component of the analog millimeter wave signal repeater, includes a set of control fields including: a timing configuration field, a beamforming configuration field, and a power configuration field; and communicating the configuration for the component of the analog millimeter wave signal repeater.
Claim 7 The method of claim 1, wherein the information associated with the component of the analog millimeter wave signal repeater includes information that identifies one or more components of the component of the analog millimeter wave signal repeater and capability information associated with the one or more components of the component of the analog millimeter wave signal repeater.
Claims 1-29 of the instant application represent broader version of re-arrangement of the claims 1-56 of the patent by eliminating the elements and functions of the claims and are obvious variants of the patent claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AJAY P CATTUNGAL whose telephone number is (571)270-7525. The examiner can normally be reached M-F 9:00-5:00 PM.
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/AJAY CATTUNGAL/Primary Examiner, Art Unit 2467
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