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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-20 are rejected on the ground of nonstatutory obviousness double patenting as being unpatentable over claims 1-38, US 12133267, and over claims 1-60, US 11825523, and over claims 1-23, US 11357053, respectively. Please see the direct claim comparison below.
Instant application, claim 1
Patent 12,133,267, Claims 3, 4
A method comprising:
receiving, by a wireless device, one or more configuration parameters for a plurality of bandwidth parts (BWPs) of a first cell;
activating:
a first BWP associated with a first random-access response (RAR) monitoring window; and a second BWP, of the first cell, associated with a second RAR monitoring window;
starting, based on sending via a second cell at least one preamble for a random access procedure, the first RAR monitoring window and the second RAR monitoring window for monitoring a random access response to the at least one preamble;
and
sending, based on determining that the first RAR monitoring window and the second RAR monitoring window have expired, at least one second preamble.
The method of claim 1, further comprising:
activating a first downlink BWP and a second downlink BWP of at least two downlink BWPs, wherein the first downlink BWP is associated with a first random access response (RAR) monitoring window and
the second downlink BWP is associated with a second RAR monitoring window; and
starting, based on sending the preamble, the first RAR monitoring window and the second RAR monitoring window for monitoring a random access response to the preamble.
further comprising:
sending, based on expiration of the first RAR monitoring window and the second RAR monitoring window, at least one second preamble.
Instant application claim 1
11357053, Claim 19
A method comprising:
receiving, by a wireless device, one or more configuration parameters for a plurality of bandwidth parts (BWPs) of a first cell;
activating:
a first BWP associated with a first random-access response (RAR) monitoring window; and a second BWP, of the first cell, associated with a second RAR monitoring window;
starting, based on sending via a second cell at least one preamble for a random access procedure, the first RAR monitoring window and the second RAR monitoring window for monitoring a random access response to the at least one preamble;
and
sending, based on determining that the first RAR monitoring window and the second RAR monitoring window have expired, at least one second preamble.
A method comprising:
receiving, by a wireless device, one or more configuration parameters for a first bandwidth part (BWP) of a first cell and a second BWP of the first cell;
activating the first BWP and the second BWP, wherein the first BWP is associated with a first random-access response (RAR) monitoring window and wherein the second BWP is associated with a second RAR monitoring window;
sending, via a second cell, at least one preamble for a random access procedure;
starting, based on the sending the at least one preamble, the first RAR monitoring window and the second RAR monitoring window for monitoring a random access response to the at least one preamble;
determining that the first RAR monitoring window and the second RAR monitoring window have expired; and sending, based on the determining, at least one second preamble.
Instant application, claim 1
11357053 claim 1, 3
A method comprising:
receiving, by a wireless device, one or more configuration parameters for a plurality of bandwidth parts (BWPs) of a first cell;
activating:
a first BWP associated with a first random-access response (RAR) monitoring window; and a second BWP, of the first cell, associated with a second RAR monitoring window;
starting, based on sending via a second cell at least one preamble for a random access procedure, the first RAR monitoring window and the second RAR monitoring window for monitoring a random access response to the at least one preamble;
and
sending, based on determining that the first RAR monitoring window and the second RAR monitoring window have expired, at least one second preamble.
A method comprising:
receiving, by a wireless device, one or more configuration parameters for uplink bandwidth parts (BWPs) of a cell;
activating a first uplink BWP and a second uplink BWP of the uplink BWPs; initiating a random access procedure for the cell;
based on a determination that the first uplink BWP and the second uplink BWP are not configured with random access channel resources, switching from the first uplink BWP to a third uplink BWP of the uplink BWPs during a time that the second uplink BWP is active;
and
sending, via the third uplink BWP, a preamble for the random access procedure,
sending, based on expiration of the first RAR monitoring window and the second RAR monitoring window, at least one second preamble.
Instant application, claim 1
11825523, claim 21
A method comprising:
receiving, by a wireless device, one or more configuration parameters for a plurality of bandwidth parts (BWPs) of a first cell;
activating:
a first BWP associated with a first random-access response (RAR) monitoring window; and a second BWP, of the first cell, associated with a second RAR monitoring window;
starting, based on sending via a second cell at least one preamble for a random access procedure, the first RAR monitoring window and the second RAR monitoring window for monitoring a random access response to the at least one preamble;
and sending, based on determining that the first RAR monitoring window and the second RAR monitoring window have expired, at least one second preamble.
A method comprising:
receiving, by a wireless device, one or more configuration parameters for a plurality of bandwidth parts (BWPs) of a first cell;
activating: a first BWP associated with a first random-access response (RAR) monitoring window; and a second BWP, of the first cell, associated with a second RAR monitoring window;
based on sending at least one preamble for a random access procedure, starting the first RAR monitoring window and the second RAR monitoring window for monitoring a random access response to the at least one preamble; and
based on expiration of the first RAR monitoring window and the second RAR monitoring window, sending at least one second preamble.
Claims 1-20 are also rejected on the ground of nonstatutory obviousness double patenting as being unpatentable over claims 1-20, US 11246163 in view of TS36321 (3GPP, Medium Access Control (MAC) protocol specification, Release 14, March 2018). Please see the direct claim comparison below.
Instant application, claim 1
US 11246163 claim 1
A method comprising:
receiving, by a wireless device, one or more configuration parameters for a plurality of bandwidth parts (BWPs) of a first cell;
activating:
a first BWP associated with a first random-access response (RAR) monitoring window; and a second BWP, of the first cell, associated with a second RAR monitoring window;
starting, based on sending via a second cell at least one preamble for a random access procedure, the first RAR monitoring window and the second RAR monitoring window for monitoring a random access response to the at least one preamble;
and
sending, based on determining that the first RAR monitoring window and the second RAR monitoring window have expired, at least one second preamble.
A method comprising:
receiving, by a wireless device, one or more configuration parameters indicating a plurality of downlink bandwidth parts (BWPs) of a primary cell and one or more uplink BWPs of a secondary cell;
activating at least two downlink BWPs, of the primary cell, of the plurality of downlink BWPs; activating an uplink BWP, of the secondary cell, of the one or more uplink BWPs; sending, via the uplink BWP of the secondary cell, a random access preamble for a random access procedure;
determining, based on at least one characteristic associated with the at least two active downlink BWPs of the primary cell, which active downlink BWP, of the at least two active downlink BWPs, to monitor for a random access response; monitoring the active downlink BWP of the primary cell for the random access response;
and receiving, via the active downlink BWP of the primary cell, the random access response.
US 11246163 claim 1 does not explicitly teach sending, based on determining that the first RAR monitoring window and the second RAR monitoring window have expired, at least one second preamble.
TS36321 teach sending, based on determining that the first RAR monitoring window and the second RAR monitoring window have expired, at least one second preamble (TS36321, section 5.1.4, page 25, If no Random Access Response is received within the RA Response window (a monitoring window expired), the MAC transmits a preamble).
It would have been obvious to a person of ordinary skill in the art before the time of effective filing to combine the teachings as given by Instant Application claim 1 with the teachings given by TS36321. The motivation for doing so would have been to be compliance with the 3GPP standard.
For compact persecution, the examiner had an phone interview with Azuka Dike, on August 10, 2026 and August 14, 2026, to discuss the double patenting rejection over the four US patents mentioned above, however, the client preferred to see an office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENSHENG ZHANG whose telephone number is (571)270-1985. The examiner can normally be reached Monday-Thursday 8:00am-6:00pm.
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/ZHENSHENG ZHANG/Primary Examiner, Art Unit 2474
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