DETAILED ACTION
Claims 1-16 are presented for examination.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Drawings
The drawings were received on 05/26/2023. These drawings are acceptable.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/14/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested:
“Wireless Communication Device, Method, And System For Wireless Connection Using A Packet Including Transmission Number”.
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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12,144,015.
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the “same invention” as the first application or patent. Moreover, although the conflicting claims are not identical, they are not patentably distinct from each other because the claims of the instant application merely broadens the scope of the claims of the Patent by eliminating the elements and their functions of the claims, and the claims of this instant application are therefore and obvious variant thereof.
Instant Application 18/914366
U.S. Patent No. 12,144,015
Claim 1, A network device comprising: a transmitter configured to transmit data to a terminal equipment; and
Claim 1, A wireless communication device that transmits data to a second wireless communication device using a packet including a transmission number, the wireless communication device comprising
controller circuitry configured to control a data transferring of a data link layer, the data transferring including a classification process that classifies, according to a process of higher layer of an RLC (Radio Link Control) layer that is included a second layer which manages data link for wireless connection, the data as first data or second data, the data being classified as the first data when a transmission condition indicating a condition related to transmission of the data is a first transmission condition, the data being classified as the second data when the transmission condition of the data is a second transmission condition different from the first transmission condition;
a controller configured to control a data transferring of a data link layer, the data transferring including a classification process that classifies, according to a process of higher layer of an RLC (Radio Link Control) layer that is included a second layer which manages data link for wireless connection, the data as first data or second data, the data being classified as the first data when a transmission condition indicating a condition related to transmission of the data is a first transmission condition, the data being classified as the second data when the transmission condition of the data is a second transmission condition different from the first transmission condition; and
wherein the transmitter is further configured to: when the data is the first data, select a first logical channel of a first logical channel number from a plurality of the logical channels and transmit the data, the first logical channel number corresponding to a first transmission mode in the RLC layer and indicating to the terminal equipment that the data is transmitted using the first transmission mode, and when the data is the second data, select a second logical channel of a second logical channel number from the plurality of the logical channels and transmit the data, the second logical channel number corresponding to a second transmission mode in the RLC layer and indicating to the terminal equipment that the data is transmitted using the second transmission mode.
a transmitter configured to: when the data is the first data, select a first logical channel of a first logical channel number from a plurality of the logical channels and transmit the data, and when the data is the second data, select a second logical channel of a second logical channel number from the plurality of the logical channels and transmit the data, wherein the first logical channel number corresponds to a first transmission mode in the RLC layer and indicates to the second wireless communication device that the data is transmitted using the first transmission mode, and the second logical channel number corresponds to a second transmission mode in the RLC layer and indicates to the second wireless communication device that the data is transmitted using the second transmission mode.
Instant Application 18/914366
U.S. Patent No. 12,144,015
Claim 2, The network device according to claim 1, wherein the first transmission mode is a transmission mode in which the terminal equipment is caused to execute processing corresponding to data included in a packet received in advance by the terminal equipment when a packet of a transmission number successive to the received packet is received and the terminal equipment is not caused to execute the processing corresponding to the data included in the packet received in advance by the terminal equipment until the packet of the transmission number successive to the packet received in advance is received when a packet of a transmission number that is not successive to the packet received in advance by the terminal equipment is received, and the second transmission mode is a transmission mode in which the terminal equipment is caused to execute the processing corresponding to the data included in the packet received in advance by the terminal equipment when a packet of a transmission number that is successive to or not successive to the packet received in advance by the terminal equipment.
Claim 2, The wireless communication device according to claim 1, wherein the first transmission mode is a transmission mode in which the second wireless communication device is caused to execute processing corresponding to data included in a packet received in advance by the second wireless communication device when a packet of a transmission number successive to the received packet is received and the second wireless communication device is not caused to execute the processing corresponding to the data included in the packet received in advance by the second wireless communication device until the packet of the transmission number successive to the packet received in advance is received when a packet of a transmission number that is not successive to the packet received in advance by the second wireless communication device is received, and the second transmission mode is a transmission mode in which the second wireless communication device is caused to execute the processing corresponding to the data included in the packet received in advance by the second wireless communication device when a packet of a transmission number that is successive to or not successive to the packet received in advance by the second wireless communication device.
Instant Application 18/914366
U.S. Patent No. 12,144,015
Claim 3, The network device according to claim 2, wherein the processing corresponding to the data is processing of delivering the data to an application program which uses the data and is included in the terminal equipment.
Claim 3, The wireless communication device according to claim 2, wherein the processing corresponding to the data is processing of delivering the data to an application program which uses the data and is included in the second wireless communication device.
Instant Application 18/914366
U.S. Patent No. 12,144,015
Claim 4, The network device according to claim 1, wherein the first transmission condition is an allowable latency indicating a latency allowed for transmitting the data, and the second transmission condition is an allowable latency shorter than the first transmission condition.
Claim 4, The wireless communication device according to claim 1, wherein the first transmission condition is an allowable latency indicating a latency allowed for transmitting the data, and the second transmission condition is an allowable latency shorter than the first transmission condition.
Instant Application 18/914366
U.S. Patent No. 12,144,015
N/A
Claim 5, The wireless communication device according to claim 1, wherein
the second data is data with higher degree of urgency than the first data.
Instant Application 18/914366
U.S. Patent No. 12,144,015
Claim 6, The network device according to claim 1, wherein the first transmission mode is a transmission mode in which the terminal equipment is requested to transmit an acknowledgement indicating that a packet has been received, and the second transmission mode is a transmission mode in which the terminal equipment is not requested to transmit the acknowledgement.
Claim 6, The wireless communication device according to claim 1, wherein the first transmission mode is a transmission mode in which the second wireless communication device is requested to transmit an acknowledgement indicating that a packet has been received, and the second transmission mode is a transmission mode in which the second wireless communication device is not requested to transmit the acknowledgement.
Instant Application 18/914366
U.S. Patent No. 12,144,015
Claim 7, The network device according to claim 6, wherein the first transmission mode is an AM (Acknowledged Mode), and the second transmission mode is a UM (Unacknowledged Mode).
Claim 7, The wireless communication device according to claim 6, wherein the first transmission mode is an AM (Acknowledged Mode), and the second transmission mode is a UM (Unacknowledged Mode).
Instant Application 18/914366
U.S. Patent No. 12,144,015
Claim 8, The network device according to claim 1, wherein the transmitter incorporates information indicating that data is the second data in a packet that transmits the data in an uppermost layer among a plurality of layers included in the second layer.
Claim 8, The wireless communication device according to claim 1, wherein the transmitter incorporates information indicating that data is the second data in a packet that transmits the data in an uppermost layer among a plurality of layers included in the second layer.
Claims 9-16 disclose similar limitations and are therefore rejected for the same reason as indicated above.
Allowable Subject Matter
Claims 1-16 would be allowable if rewritten to overcome the rejection(s) under non-statutory double patenting rejection, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
In claim 1, “... control a data transferring …, the data transferring including a classification process that classifies, according to a process of higher layer of an RLC (Radio Link Control) layer …, … the data being classified as the first data when a transmission condition indicating a condition related to transmission of the data is a first transmission condition, the data being classified as the second data when the transmission condition of the data is a second transmission condition different from the first transmission condition; … when the data is the first data, select a first logical channel of a first logical channel number …, the first logical channel number corresponding to a first transmission mode in the RLC layer and indicating to the terminal equipment that the data is transmitted using the first transmission mode, and when the data is the second data, select a second logical channel of a second logical channel number from the plurality of the logical channels and transmit the data, …” and in combination with other recited limitations in claim 1.
Claims 2-16, includes similar features of claim 1 and are therefore allowable over prior art since the prior art reference(s) taken individually or in combination fail to particularly disclose, fairly suggests, or render obvious the italic limitation above, and in combination with other limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al., U.S. Patent No. 10,602,555 discloses wherein an RLC entity is categorized as a TM RLC entity, an UM RLC entity or an AM RLC entity depending on the mode of data transfer that the RLC entity is configured to provide.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACKIE ZUNIGA ABAD whose telephone number is (571)270-7194. The examiner can normally be reached Monday - Friday, 8:00am - 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IAN MOORE can be reached at 571-272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACKIE ZUNIGA ABAD/ Primary Examiner, Art Unit 2469
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