DETAILED ACTION
In response to communication filed on 9/16/2024.
Claims 1-20 are pending.
Claims 1-20 are rejected.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/25/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,101,210. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Current Application
U.S. Patent No. 12,101,210
1. A base station comprising:
1. A method comprising:
one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the base station to: transmit a radio resource control (RRC) message indicating that a wireless device starts a time alignment timer of a timing advance group (TAG) in response to the RRC message; and
transmitting, by a base station, a radio resource control (RRC) message indicating that a wireless device starts a time alignment timer of a timing advance group (TAG) in response to the RRC message; and
start the time alignment timer of the TAG before transmitting an initial medium access control (MAC) timing advance command (TAC) for the TAG and after transmitting the RRC message.
starting the time alignment timer of the TAG before transmitting an initial medium access control (MAC) timing advance command (TAC) for the TAG and after transmitting the RRC message.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the limitations of claim 1 of U.S. Patent No. 12,101,210 to limit the operation of a base station for transmission of an RRC message that would start a timing advance command accordingly as an alternative to a claimed method for operating a base station. One would be motivated to do so to provide an obvious variation of the claimed invention that would be readily apparent.
Regarding claims 2-20 of the current application, claims 2-20 of U.S. Patent No. 12,101,210 substantially limits the same inventive concept, and although the claims are not identical, they are not patentably distinct because they are of an obvious variation as noted above with regards to the rejection of claim 1 of the current application in view of claim 1 of U.S. Patent No. 12,101,210.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,695,603. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Current Application
U.S. Patent No. 11,695,603
1. A base station comprising:
1. A wireless device comprising:
one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the base station to: transmit a radio resource control (RRC) message indicating that a wireless device starts a time alignment timer of a timing advance group (TAG) in response to the RRC message; and
one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: receive a radio resource control (RRC) message comprising an indication that the wireless device starts a time alignment timer of a cell group in response to the RRC message; and
start the time alignment timer of the TAG before transmitting an initial medium access control (MAC) timing advance command (TAC) for the TAG and after transmitting the RRC message.
when the RRC message comprises the indication, start the time alignment timer of the cell group before receiving an initial medium access control (MAC) timing advance command (TAC) for the cell group and after receiving the RRC message.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the limitations of claim 1 of U.S. Patent No. 11,695,603 limit a method rather than a device for transmission of an RRC message that would start a timing advance command accordingly as an alternative means. One would be motivated to do so to provide an obvious variation of the claimed invention that would be readily apparent.
Regarding claims 2-20 of the current application, claims 2-20 of U.S. Patent No. 11,695,603 substantially limits the same inventive concept, and although the claims are not identical, they are not patentably distinct because they are of an obvious variation as noted above with regards to claim 1 of U.S. Patent No. 11,695,603.
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,088,881. Although the conflicting claims are not identical, they are not patentably distinct from each other because:
Current Application
U.S. Patent No. 11,088,881
1. A base station comprising:
1. A method comprising:
one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the base station to: transmit a radio resource control (RRC) message indicating that a wireless device starts a time alignment timer of a timing advance group (TAG) in response to the RRC message; and
receiving, by a wireless device, a radio resource control (RRC) message comprising configuration parameters of one or more cells grouped in a cell group, wherein the configuration parameters comprise a first information element (IE) indicating that the wireless device starts a time alignment timer of the cell group in response to the RRC message; and
start the time alignment timer of the TAG before transmitting an initial medium access control (MAC) timing advance command (TAC) for the TAG and after transmitting the RRC message.
starting, before receiving an initial medium access control (MAC) timing advance command (TAC) for the cell group and after receiving the RRC message, the time alignment timer of the cell group in response to the RRC message comprising the first IE.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the limitations of claim 1 of U.S. Patent No. 11,088,881 alternatively limit the transmission an RRC message for starting a timing advance command rather than a reception step accordingly as an alternative means. One would be motivated to do so to provide an obvious variation of the claimed invention that would be readily apparent.
Regarding claims 2-20 of the current application, claims 2-20 of U.S. Patent No. 11,088,881 substantially limits the same inventive concept, and although the claims are not identical, they are not patentably distinct because they are of an obvious variation as noted above with regards to claim 1 of U.S. Patent No. 11,088,881.
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 10,382,238 in view of Jang et al. (US Pub. 2012/0257570)(J1 hereafter).
Regarding claim 1 of the current application, claim 11 of U.S. Patent No. 10,382,238 limits transmitting a message [claim 1; column 43 lines 21-24], indicating that the wireless device starts a time alignment timer of a timing advance group (TAG) in response to the message [claim 1; column 43 lines 26-31]; and
starting the time alignment timer of the TAG before transmitting an initial medium access control (MAC) timing advance command (TAC) for the TAG and after transmitting the message [claim 11; column 44 lines 12-13].
However claim 11 of U.S. Patent No. 10,382,238 does not expressly limit the message is sent from a base station and being a radio resource control message.
J1 discloses that a terminal or UE communicates signals or data with base stations [paragraph 0010], the UE can receive an RRC message that carries configuration for timing advance group (TAG) configuration and time alignment timer (TAT) values for respective TAGs [paragraph 0097].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the limitations of claim 11, and claim 1 by virtue of dependency, of U.S. Patent No. 10,382,238 to further limit the use of RRC messaging to convey TAG configuration information and TAT values as taught by J1. One would be motivated to do so to limit the use of a known feature within the field of endeavor to yield predictable results.
Regarding claims 2-7 and 9-19 of the current application, claims 1-7 of U.S. Patent No. 10,382,238 substantially limit the same claimed invention alone or in combination with other dependent claims, and although they are not identical, they are not patentably distinct from the claimed invention and are of an obvious variation.
Regarding claims 8 and 20 of the current application, claim 4 of U.S. Patent No. 10,382,238 substantially limits the same claimed invention. However claim 4 of U.S. Patent No. 10,382,238 does not explicitly limit that the timing advance is zero.
Claim 4 of U.S. Patent No. 10,382,238 limits a stored value of a timing advance [column 43 lines 44-46], which can broadly represent any numerical value accordingly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the limitations of claim 4 of U.S. Patent No. 10,382,238 to expressly limit a value of a timing advance to be explicitly zero as an obvious variation. One would be motivated to do so to provide an explicit indication to the relation of the value of a timing advance in order to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Langereis et al. (US Pub. 2013/0121315) discloses that a TA MAC control element is transmitted to a UE, in which the TA command triggers a start or restart of a timing alignment timer, the TA MAC serving the purpose of information of the timing advance to be utilized by the UE up until the end of the TAT [paragraph 0036].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN C KAVLESKI whose telephone number is (571)270-3619. The examiner can normally be reached M-F 6:30am-3pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached on 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Ryan Kavleski
/R. K./
Examiner, Art Unit 2412
/CHARLES C JIANG/Supervisory Patent Examiner, Art Unit 2412
