CTNF 18/854,787 CTNF 73926 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. This office action is in response to Amendment filed Oct. 07, 2024. Claims 1-14 and 16 have been amended. 12-151-10 AIA 12-51-10 Claim 15 has been canceled. Conclusion 08-30 AIA 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). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. 08-32 Claim s 1-14 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim s 1-15 of copending Application No. 18854730 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim s 1-8 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (2024/0049340) . Regarding claim 1 , Kim discloses a method of operating a first communication apparatus for configuring a second communication apparatus to receive small data transmission while the second communication apparatus is in a first operating mode, in which electronic components necessary for receiving transmissions are periodically enabled for brief time periods and disabled in between, enabling and disabling being in accordance with a schedule, scheme, or paging cycle that is configured in accordance with information received from the first communication apparatus (see abstract, fig.8, elements 500 , 400, paragraphs [0020], [0036-0037] and its description), the method comprising: transmitting a paging message to the second communication apparatus, wherein the paging message includes or is complemented by a signal indicating properties of an impending small data transmission to the second communication apparatus (see abstract, fig.8, element 400, 500, step 1008, paragraphs [0020], [0036-0037], [0056-0057], [0061] and its description). Regarding claim 2 , Kim further comprising, if a periodic traffic pattern is indicated: transmitting the small data in the DL to the second communication apparatus in accordance with a periodicity of the traffic pattern also indicated in connection with the paging message, independently from the paging cycle (see paragraphs [0057], [0061]). Regarding claim 3 , Kim further discloses wherein the properties of an impending small data transmission further comprise information concerning a configuration of radio resources which are used in connection with transmitting the small data in the DL (see paragraphs [0057], [0061]). Regarding claim 4 , Kim further discloses wherein, if an aperiodic traffic pattern is indicated, the method further comprises transmitting number of subsequent transmissions, or indicating, through a separate channel, a final transmission, to the second communication apparatus, after transmission of which the second communication apparatus stops listening for transmissions from the first communication apparatus in periodic intervals (see paragraphs [0036-0037], [0057], [0061]). Regarding claim 5 , Kim further discloses wherein, if an aperiodic traffic pattern is indicated, the method further comprises transmitting the small data transmission to the second communication apparatus at occasions of the paging cycle (see paragraphs [0036-0037], [0057], [0061]). Regarding claim 6 , Kim discloses a method of operating a second communication apparatus for receiving small data transmission from a first communication apparatus, while the second communication apparatus is in a first operating mode, in which electronic components necessary for receiving transmissions are periodically enabled for brief time periods and disabled in between, enabling and disabling being in accordance with a paging cycle configured in accordance with information received from the first communication apparatus (see abstract, fig.8, elements 400 , 500, paragraphs [0020], [0036-0037] and its description), the method comprising: receiving, from the first communication apparatus and during a time period of the paging cycle, in which the electronic components necessary for receiving transmissions are enabled, a signal indicating properties of an impending small data transmission to the second communication apparatus (see abstract, fig.8, elements 400, 500, step 1008, paragraphs [0020], [0036-0037], [0056-0057], [0061] and its description). Regarding claim 7 , Kim further comprising: determining, if the properties in the received signal indicate a periodic traffic pattern for the impending small data transmission to the second communication apparatus, and if a periodic traffic pattern is indicated: determining, from the received signal, a periodicity of the traffic pattern, and additionally enabling the electronic components necessary for receiving a the small data transmission to the first communication apparatus in accordance with the periodicity of the traffic pattern, independently from the paging cycle (see paragraphs [0036-0037], [0056-0057], [0061]). Regarding claim 8 , Kim further comprising if a periodic traffic pattern is indicated: determining, from the received signal, configuration information for radio resources used in connection with the small data transmission (see paragraphs [0036-0037], [0056-0057], [0061]). Regarding claim 10 , Kim further discloses wherein, if an aperiodic traffic pattern is indicated, the method further comprises enabling the electronic components necessary for receiving transmissions, for receiving the small data transmission to the first communication apparatus in accordance with the paging cycle (see paragraphs [0036-0037], [0056-0057], [0061]) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 12-151-07 AIA 07-97 12-51-07 Claim s 11-14, and 16 are allowed. Examiner's Note : Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well . It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. When responding to this Office Action , Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CongVan Tran whose telephone number is (571) 272-7871. The examiner can normally be reached Mon-Th . 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 on (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. PNG media_image1.png 100 100 media_image1.png Greyscale UNITED STATES PATENT AND TRADEMARK OFFICE /CONGVAN TRAN/ Primary Examiner, Art Unit 2647 2 Application/Control Number: 18/854,787 Page 2 Art Unit: 2647 Application/Control Number: 18/854,787 Page 3 Art Unit: 2647 Application/Control Number: 18/854,787 Page 4 Art Unit: 2647 Application/Control Number: 18/854,787 Page 5 Art Unit: 2647 Application/Control Number: 18/854,787 Page 6 Art Unit: 2647 Application/Control Number: 18/854,787 Page 7 Art Unit: 2647 Application/Control Number: 18/854,787 Page 8 Art Unit: 2647
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