Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This communication is in response to the Application No. 18/883,233 filed on 9/12/24. Claims 1 – 13 has been examined.
Double Patenting
3. 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).
4. 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).
5. 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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6. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,120,637 in view of Subbarayudu et al. (US 2012/0190362). See the reasons below:
Instant application
Pat # 12,120,637
A method of operating a wireless communication device, the method comprising: - transmitting, to a first communication network, a request for one or more communication gaps in a communication along a data connection associated with a first identity of the wireless communication device, - monitoring, in accordance with a timing of the one or more communication gaps, for one or more paging signals from a second communication network, the one or more paging signals being associated with a second identity of the wireless communication device, - receiving the one or more paging signals from the second communication network, - after receiving at least one of the one or more paging signals: transmitting a request to the first communication network for an extended communication gap, and - monitoring for a paging message of the one or more paging signals during the extended communication gap, the paging message being associated with the second identity.
A method of operating a wireless communication device, the method comprising: transmitting, to a first communication network, a request for one or more communication gaps in a communication along a data connection associated with a first identity of the wireless communication device, monitoring, in accordance with a timing of the one or more communication gaps, for one or more paging signals from a second communication network, the one or more paging signals being associated with a second identity of the wireless communication device, in response to receiving at least one of the one or more paging signals: activating an extended communication gap, and communicating with the second communication network during the extended communication gap.
However, patent 12,160,637 does not specifically disclose having second communication network after receiving one or more paging signals; as well as the second identity.
Subbarayudu teaches having second communication network after receiving one or more paging signals; as well as the second identity (1st and 2nd SIM with two separate communication network and the second identity, Fig. 2).
It would have been obvious to one of the ordinary skilled in the art at the time of the filing to combine the teachings of Subbarayudu’s second wireless communication with the patent 12/120,637. One would be motivated to combine these teachings because it can support multiple wireless communication systems.
Regarding claim 3, Patent 12,160,637 with Subbarayudu teaches claim 1, claim 4 of Patent 12,160,637 further teaches.
Instant Application
Pat # 12,120,637
The method of claim 1, wherein a duration of the extended communication gap is predefined.
The method of claim 1, wherein a duration of the extended communication gap is predefined
Regarding claim 4, Patent 12,160,637 with Subbarayudu teaches claim 1, claim 5 of Patent 12,160,637 further teaches.
Instant Application
Pat # 12,120,637
The method of claim 1, further comprising: - transmitting, to the first communication network, an indication to stop the extended communication gap.
The method of claim 1, further comprising: transmitting, to the first communication network, an indication to stop the extended communication gap.
Regarding claim 5, Patent 12,160,637 with Subbarayudu teaches claim 1, claim 6 of Patent 12,160,637 further teaches.
Instant Application
Pat # 12,120,637
The method of claim 1, wherein the extended communication gap is selectively activated or wherein a duration of the extended communication gap is set, depending on at least one of a type of the service, a type of a further service associated with a further data connection associated with the second identity, and a user-preference setting.
The method of claim 1, wherein the extended communication gap is selectively activated or wherein a duration of the extended communication gap is set, depending on at least one of a type of the service, a type of a further service associated with a further data connection associated with the second identity, and a user-preference setting.
Regarding claim 6, Patent 12,160,637 with Subbarayudu teaches claim 1, claim 7 of Patent 12,160,637 further teaches.
Instant Application
Pat # 12,120,637
The method of claim 1, wherein a first wireless link of the first communication network operates on a first frequency, wherein a second wireless link of the second communication network operates on a second frequency, wherein the method further comprises: - controlling a wireless interface of the wireless communication device to switch from the first frequency to the second frequency and from the second frequency to the first frequency in accordance with the timing of the one or more communication gaps.
The method of claim 1, wherein a first wireless link of the first communication network operates on a first frequency, wherein a second wireless link of the second communication network operates on a second frequency, wherein the method further comprises: controlling a wireless interface of the wireless communication device to switch from the first frequency to the second frequency and from the second frequency to the first frequency in accordance with the timing of the one or more communication gaps.
Regarding claim 7, Patent 12,160,637 with Subbarayudu teaches claim 1, claim 8 of Patent 12,160,637 further teaches.
Instant Application
Pat # 12,120,637
The method of claim 1, further comprising: - determining the timing of the one or more communication gaps based on a timing of paging occasions associated with the second identity, the timing being determined in a time reference of the first communication network.
The method of claim 1, further comprising: determining the timing of the one or more communication gaps based on a timing of paging occasions associated with the second identity, the timing being determined in a time reference of the first communication network.
Regarding claim 8, Patent 12,160,637 with Subbarayudu teaches claim 1, claim 9 of Patent 12,160,637 further teaches.
Instant Application
Pat # 12,120,637
The method of claim 1, further comprising: - transmitting an indicator indicative of the timing of the one or more communication gaps to the first communication network.
The method of claim 1, further comprising: transmitting an indicator indicative of the timing of the one or more communication gaps to the first communication network.
Regarding claim 9, Patent 12,160,637 with Subbarayudu teaches claim 1, claim 10 of Patent 12,160,637 further teaches.
Instant Application
Pat # 12,120,637
The method of claim 8, further comprising: - in accordance with a timing drift between the first communication network and the second communication network: repetitively transmitting an update of the indicator indicative of the timing to the first communication network.
The method of claim 9, further comprising: in accordance with a timing drift between the first communication network and the second communication network: repetitively transmitting an update of the indicator indicative of the timing to the first communication network.
Regarding claim 10, Patent 12,160,637 with Subbarayudu teaches claim 11, claim 10 of Patent 12,160,637 further teaches.
Instant Application
Pat # 12,120,637
The method of claim 1, further comprising: - upon receiving at least one of the one or more paging signals: triggering a termination or pause of a service provided by the communication along the data connection associated with the first identity, or disconnecting the data connection associated with the first identity.
The method of claim 1, further comprising: upon receiving at least one of the one or more paging signals: triggering a termination or pause of a service provided by the communication along the data connection associated with the first identity, or disconnecting the data connection associated with the first identity.
Regarding claim 11, Patent 12,160,637 with Subbarayudu teaches claim 12, claim 10 of Patent 12,160,637 further teaches.
Instant Application
Pat # 12,120,637
The method of claim 10, wherein said triggering of the termination or pause of the service provided by the communication along the data connection associated with the first identity, or said disconnecting of the data connection associated with the first identity is selectively executed depending on at least one of a type of the service, a type of a further service associated with a further data connection associated with the second identity, and a user-preference setting.
The method of claim 11, wherein said triggering of the termination or pause of the service provided by the communication along the data connection associated with the first identity, or said disconnecting of the data connection associated with the first identity is selectively executed depending on at least one of a type of the service, a type of a further service associated with a further data connection associated with the second identity, and a user-preference setting.
Regarding claim 12, Patent 12,160,637 with Subbarayudu teaches claim 13, claim 10 of Patent 12,160,637 further teaches.
Instant Application
Pat # 12,120,637
The method of claim 1, wherein the request is selectively transmitted depending on at least one of a type of the service, a type of a further service associated with a further data connection associated with the second identity, and a user-preference setting.
The method of claim 1, wherein the request is selectively transmitted depending on at least one of a type of the service, a type of a further service associated with a further data connection associated with the second identity, and a user-preference setting.
Regarding claim 13, the claim substantially has same limitations as claim 1, thus the same rejection is applicable.
Allowable Subject Matter
7. Claims 2 – 3 are 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.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANMAY K SHAH whose telephone number is (571)270-3624. The examiner can normally be reached Mon - Fri - 8:00 - 5:00.
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TANMAY K. SHAH
Primary Examiner
Art Unit 2632
/TANMAY K SHAH/Primary Examiner, Art Unit 2632
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