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 office action is in response to the communication dated 11/13/24
Claims 1- 6 are pending.
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 1-6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of co-pending Application No.18/863-120. Although the claims at issue are not identical, they are not patentably distinct from each other because for example, a comparison made between claims 1-6 of the instant application and claims 1-8 of Patent reveal the claims at issue define essentially the same invention in different language. Thus, one of ordinary skill in the art would conclude that the invention defined in claims at issue are an obvious variation of the invention defined in the claims of the Patent. Thus, examiner asserts the difference describe a subset of all possible conditions being monitored in the claims co-pending application . These differences are not sufficient to render the claims patentably distinct and therefore a terminal disclaimer is required.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No.12, 701, 518. Although the claims at issue are not identical, they are not patentably distinct from each other because for example, a comparison made between claims 1-6 of the instant application and claims 1-7 of Patent reveal the claims at issue define essentially the same invention in different language. Thus, one of ordinary skill in the art would conclude that the invention defined in claims at issue are an obvious variation of the invention defined in the claims of the Patent. Thus, examiner asserts the difference describe a subset of all possible conditions being monitored in the Patented claims. These differences are not sufficient to render the claims patentably distinct and therefore a terminal disclaimer is required.
Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No.12, 701, 518. Although the claims at issue are not identical, they are not patentably distinct from each other because for example, a comparison made between claims 1-6 of the instant application and claims 1-7 of Patent reveal the claims at issue define essentially the same invention in different language. Thus, one of ordinary skill in the art would conclude that the invention defined in claims at issue are an obvious variation of the invention defined in the claims of the Patent. Thus, examiner asserts the difference describe a subset of all possible conditions being monitored in the Patented claims. These differences are not sufficient to render the claims patentably distinct and therefore a terminal disclaimer is required.
Claims 1-6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of co-pending Application No.18/294-703. Although the claims at issue are not identical, they are not patentably distinct from each other because for example, a comparison made between claims 1-6 of the instant application and claims 1-7 of Patent reveal the claims at issue define essentially the same invention in different language. Thus, one of ordinary skill in the art would conclude that the invention defined in claims at issue are an obvious variation of the invention defined in the claims of the Patent. Thus, examiner asserts the difference describe a subset of all possible conditions being monitored in the claims co-pending application . These differences are not sufficient to render the claims patentably distinct and therefore a terminal disclaimer is required.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application 18/865-517
A radio zone design apparatus for designing installation positions of a base station and a relay station for constructing a wireless area, the radio zone design apparatus comprising: a processor; and a memory storing instructions that cause the processor to execute a process, the process including arranging a plurality of terminal positions and a plurality of candidate positions, the plurality of terminal positions being evaluation points, and the plurality of candidate positions being candidates for an installation position of the base station or the relay station in the wireless area including a shielding object; calculating reception power between each of the terminal positions and a corresponding one of the candidate positions, and reception power between each of the candidate positions and a corresponding one of other candidate positions; selecting, for each of different numbers of base stations, a candidate position of the base station for a corresponding number of base stations from among the plurality of candidate positions; selecting, in a case where there is a terminal position that is not able to be accommodated by the candidate position of the base station among the plurality of terminal positions, a candidate position of the relay station capable of accommodating, in combination with the candidate position of the base station, the terminal position that is not able to be accommodated; and determining installation positions of the base station and the relay station in which a cost of the wireless area is minimized from among candidate positions of the base station or combinations of the candidate position of the base station and the candidate position of the relay station.
2. The radio zone design apparatus according to claim 1, wherein the plurality of terminal positions are divided into clusters of the number of base stations, and the candidate position of the base station in which more terminal positions satisfy a predetermined communication quality is selected, for each of the clusters.
3. The radio zone design apparatus according to claim 1, wherein the candidate position of the base station is selected in order from the candidate position of the base station in which more terminal positions satisfy a predetermined communication quality until the number of base stations is reached.
4. The radio zone design apparatus according to claim 1, wherein the candidate position of the relay station capable of accommodating the terminal position that is not able to be accommodated is extracted from among candidate positions excluding the candidate position of the base station among the plurality of candidate positions, and a candidate position of the relay station in which reception power from the candidate position of the base station is greater than or equal to a predetermined value is selected from among candidate positions of the relay station extracted.
5. A radio zone design method executed by a radio zone design apparatus for designing installation positions of a base station and a relay station for constructing a wireless area, the radio zone design method comprising: arranging a plurality of terminal positions and a plurality of candidate positions, the plurality of terminal positions being evaluation points, and the plurality of candidate positions being candidates for an installation position of the base station or the relay station in the wireless area including a shielding object; calculating reception power between each of the terminal positions and a corresponding one of the candidate positions, and reception power between each of the candidate positions and a corresponding one of other candidate positions; selecting, for each of different numbers of base stations, a candidate position of the base station for a corresponding number of base stations from among the plurality of candidate positions; selecting, in a case where there is a terminal position that is not able to be accommodated by the candidate position of the base station among the plurality of terminal positions, a candidate position of the relay station capable of accommodating, in combination with the candidate position of the base station, the terminal position that is not able to be accommodated; and determining installation positions of the base station and the relay station in which a cost of the wireless area is minimized from among candidate positions of the base station or combinations of the candidate position of the base station and the candidate position of the relay station.
6. A non-transitory computer-readable recording medium having computer-readable instructions stored thereon, which when executed, cause a computer to execute the radio zone design method according to claim 5.
Co-pending Application 18/863-120
A station placement design device that designs arrangement of a base station and a reflector for constructing a radio area, the station placement design device comprising: a processor; and a memory that includes instructions, which when executed, cause the processor to execute: arranging a plurality of terminal positions that are evaluation points and a plurality of candidate positions that are candidates for an installation position of the base station or the reflector in the radio area including a shielding object; calculating received power between each of the terminal positions and each of the candidate positions and received power between each of the candidate positions and each of other candidate positions; first selecting, for each of different numbers of base stations, a candidate position for the base station of the number of base stations from among the plurality of candidate positions; second selecting, in a case where there is a terminal position that is not able to be accommodated by the candidate position for the base station among the plurality of terminal positions, a candidate position for the reflector capable of accommodating, in combination with the candidate position for the base station, the terminal position that is not able to be accommodated, and an orientation of the reflector; and determining arrangement of the base station and the reflector in which a cost of the radio area is minimized from among candidate positions of the base station, or combinations of the candidate position for the base station, the candidate position for the reflector, and the orientation of the reflector.
2. The station placement design device according to claim 1, wherein the orientation of the reflector includes an installation direction of the reflector, and the second selecting sets, as the installation direction of the reflector, a bisector direction of an angle between a radio wave arrival direction vector with maximum power in a direction of the candidate position for the base station and a radio wave arrival direction vector with maximum power in a direction of the terminal position that is not able to be accommodated, as viewed from the candidate position for the reflector.
3. The station placement design device according to claim 1, wherein the orientation of the reflector includes an installation direction or a reflection direction of the reflector, and the second selecting performs evaluation in a plurality of installation directions or reflection directions of the reflector installed at the candidate position for the reflector, and sets, as an orientation of the reflector, an installation direction or a reflection direction in which received power from the reflector is maximized at the terminal position that is not able to be accommodated.
4. The station placement design device according to claim 1, wherein the second selecting extracts the candidate position capable of accommodating the terminal position that is not able to be accommodated from among candidate positions excluding the candidate position for the base station among the plurality of candidate positions on a basis of the received power calculated by the calculation unit, calculates, at the candidate position extracted, reflector transmission power from radio wave propagation attenuation from the candidate position for the base station to the candidate position extracted and a reflectance of the reflector; and sets, as the candidate position for the reflector, a candidate position such that received power at the terminal position that is not able to be accommodated is greater than or equal to a predetermined value among candidate positions extracted, on a basis of the reflector transmission power.
5. The station placement design device according to claim 1, wherein the first selecting divides the plurality of terminal positions into clusters of the number of base stations, and selects, for each of the clusters, the candidate position for the base station such that more terminal positions satisfy a predetermined communication quality.
6. The station placement design device according to claim 1, wherein the first selecting selects the candidate position for the base station in order from the candidate position for the base station such that more terminal positions satisfy a predetermined communication quality until the number of base stations is reached.
7. A station placement design method executed by a station placement design device that designs arrangement of a base station and a reflector for constructing a radio area, the station placement design method comprising: arranging a plurality of terminal positions that are evaluation points and a plurality of candidate positions that are candidates for an installation position of the base station or the reflector in the radio area including a shielding object; calculating received power between each of the terminal positions and each of the candidate positions and received power between each of the candidate positions and each of other candidate positions; first selecting, for each of different numbers of base stations, a candidate position for the base station of the number of base stations from among the plurality of candidate positions; second selecting, in a case where there is a terminal position that is not able to be accommodated by the candidate position for the base station among the plurality of terminal positions, a candidate position for the reflector capable of accommodating, in combination with the candidate position for the base station, the terminal position that is not able to be accommodated, and an orientation of the reflector; and determining arrangement of the base station and the reflector in which a cost of the radio area is minimized from among candidate positions of the base station, or combinations of the candidate position for the base station, the candidate position for the reflector, and the orientation of the reflector.
8. A non-transitory computer readable storage medium storing a program for causing a computer to execute the station placement design method according to claim 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAHI ELMI SALAD whose telephone number is (571)272-4009. The examiner can normally be reached 9:30AM-6:PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at 571-272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDULLAHI E SALAD/Primary Examiner, Art Unit 2466
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