DETAILED ACTION
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 .
Double Patenting
2. A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
3. Claims 1-20 are rejected under 35 U.S.C. 101 as claiming the same invention as that of Claims 1-20 of prior Patent No.: US 12,127,098 B2 to Qiao et al. This is a statutory double patenting rejection. (NOTE: The underlined claimed limitation in the instant application of 18/916,643 and prior Patent No.: US 12,127,098 B2 to Qiao et al. are the invention drawn to identical subject matter below).
Patent No.: US 12,127,098 B2
Instant Application 18/919,643
Claim 1: A method comprising:
sending, from a base station to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network;
receiving, by the base station from the wireless device and after the sending of the SIB indicating support for the RLOS, a preamble;
sending, by the base station to the wireless device, a random access response to the preamble;
receiving, from the wireless device and after the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME) configured with an RLOS access point name, that an attach request of the wireless device is for the RLOS; and
sending, from the base station to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS by the MME.
Claim 1: A method comprising:
sending, from a base station to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station;
receiving, by the base station from the wireless device and after the sending of the SIB indicating support for the RLOS, a preamble;
sending, by the base station to the wireless device, a random access response to the preamble;
receiving, from the wireless device and after the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME) configured with an RLOS access point name, that an attach request of the wireless device is for the RLOS; and
sending, from the base station to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS by the MME.
Claim 2: Wherein the RLOS is provided an operator of the public land mobile network.
Claim 2: Wherein the RLOS is provided an operator of the public land mobile network.
Claim 3: Wherein the at least one first RRC message further comprises an identifier of the wireless device.
Claim 3: Wherein the at least one first RRC message further comprises an identifier of the wireless device.
Claim 6: Wherein the system information block further indicates a level of support for the RLOS.
Claim 4: Wherein the system information block further indicates a level of support for the RLOS.
Claim 8: Wherein the attach accept message comprises RLOS information comprising at least one of: a first information element indicating a service type of at least one RLOS allowed for the wireless device; or a second information element indicating application information for the service type.
Claim 5: Wherein the attach accept message comprises RLOS information comprising at least one of: a third information element indicating a service type of at least one RLOS allowed for the wireless device; and a fourth information element indicating application information for the service type.
Claim 9: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; or a uniform resource locator (URL).
Claim 6: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; and a uniform resource locator (URL).
Claim 10: Sending, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
Claim 7: Sending, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
Claim 11: A base station comprising:
one or more processors; and
memory storing instructions that, when executed, cause the base station to:
send, to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network;
receive, from the wireless device and after the sending of the SIB indicating support for the RLOS, a preamble;
send, to the wireless device, a random access response to the preamble; receive, from the wireless device and after the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME) configured with an RLOS access point name, that an attach request of the wireless device is for the RLOS; and
send, to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS by the MME.
Claim 8: A base station comprising:
one or more processors; and
memory storing instructions that, when executed by the one or more processors, cause the base station to:
send, to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station;
receive, from the wireless device and after the sending of the SIB indicating support for the RLOS, a preamble;
send, to the wireless device, a random access response to the preamble; receive, from the wireless device and after the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME) configured with an RLOS access point name, that an attach request of the wireless device is for the RLOS; and
send, to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS by the MME.
Claim 12: Wherein the RLOS is provided an operator of the public land mobile network.
Claim 9: Wherein the RLOS is provided an operator of the public land mobile network.
Claim 13: Wherein the at least one first RRC message further comprises an identifier of the wireless device.
Claim 10: Wherein the at least one first RRC message further comprises an identifier of the wireless device.
Claim 16: Wherein the system information block further indicates a level of support for the RLOS.
Claim 11: Wherein the system information block further indicates a level of support for the RLOS.
Claim 18: Wherein the attach accept message comprises RLOS information comprising at least one of: a first information element indicating a service type of at least one RLOS allowed for the wireless device; or a second information element indicating application information for the service type.
Claim 12: Wherein the attach accept message comprises RLOS information comprising at least one of: a third information element indicating a service type of at least one RLOS allowed for the wireless device; and a fourth information element indicating application information for the service type.
Claim 19: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; or a uniform resource locator (URL).
Claim 13: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; and a uniform resource locator (URL).
Claim 10: Sending, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
Claim 14: Wherein the instructions further cause the base station to send, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
Claim 20: A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station, cause the base station to:
send, to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported;
receive, from the wireless device, a preamble;
send, to the wireless device, a random access response to the preamble;
receive, from the wireless device and after the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME), that an attach request of the wireless device is for the RLOS; and
send, to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS.
Claim 15: A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station, cause the base station to:
send, by the base station to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station;
receive, by the base station from the wireless device, a preamble;
send, by the base station to the wireless device, a random access response to the preamble;
receive, from the wireless device and after the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME), that an attach request of the wireless device is for the RLOS; and
send, from the base station to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS.
Claim 12: Wherein the RLOS is provided an operator of the public land mobile network.
Claim 16: Wherein the RLOS is provided an operator of the public land mobile network.
Claim 13: Wherein the at least one first RRC message further comprises an identifier of the wireless device.
Claim 17: Wherein the at least one first RRC message further comprises an identifier of the wireless device.
Claim 18: Wherein the attach accept message comprises RLOS information comprising at least one of: a first information element indicating a service type of at least one RLOS allowed for the wireless device; or a second information element indicating application information for the service type.
Claim 18: Wherein the attach accept message comprises RLOS information comprising at least one of: a third information element indicating a service type of at least one RLOS allowed for the wireless device; and a fourth information element indicating application information for the service type.
Claim 19: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; or a uniform resource locator (URL).
Claim 19: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; and a uniform resource locator (URL).
Claim 10: Sending, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
Claim 20: Wherein the instructions further cause the base station to send, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
4. 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.
5. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-19 of Patent No.: US 12,127,098 B2 to Qiao et al. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims limitations are transparently found in the claims of the above mentioned patented claims. Applicant’s merely broadens the independent claims of this instant application by adding some limitations to arrive at the limitations of the instant claims. Thus, both set of claims are obvious variant of each other. See table and claim mapping below:
Patent No.: US 11,696,215 B2
Instant Application 18/919,643
Claim 1: A method comprising:
sending, from a base station to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network;
receiving, by the base station from the wireless device and based on the SIB indicating support for the RLOS, a preamble;
sending, by the base station to the wireless device, a random access response to the preamble;
receiving, from the wireless device and based on the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME) configured with an RLOS access point name, that an attach request of the wireless device is for the RLOS; and
sending, from the base station to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS by the MME.
Claim 1: A method comprising:
sending, from a base station to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station;
receiving, by the base station from the wireless device and after the sending of the SIB indicating support for the RLOS, a preamble;
sending, by the base station to the wireless device, a random access response to the preamble;
receiving, from the wireless device and after the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME) configured with an RLOS access point name, that an attach request of the wireless device is for the RLOS; and
sending, from the base station to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS by the MME.
The instant application discloses virtually all the limitations of the patented application with the exception of ‘sending, from a base station to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station’. It would have been obvious to one of the ordinary skill in the art before the time the invention was filed to provide ‘sending, from a base station to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station’ as disclosed by the instant claim into the patented claim so as to effectively control policy for restricted local operator services in wireless communication system.
Claim 2: wherein the RLOS is provided an operator of the public land mobile network..
Claim 2: Wherein the RLOS is provided an operator of the public land mobile network.
Claim 3: Wherein the at least one first RRC message further comprises an identifier of the wireless device
Claim 3: Wherein the at least one first RRC message further comprises an identifier of the wireless device.
Claim 6: Wherein the system information block further indicates a level of support for the RLOS.
Claim 4: Wherein the system information block further indicates a level of support for the RLOS.
Claim 8: Wherein the attach accept message comprises RLOS information comprising at least one of: a first information element indicating a service type of at least one RLOS allowed for the wireless device; or a second information element indicating application information for the service type.
Claim 5: Wherein the attach accept message comprises RLOS information comprising at least one of: a third information element indicating a service type of at least one RLOS allowed for the wireless device; and a fourth information element indicating application information for the service type.
Claim 9: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; or a uniform resource locator (URL).
Claim 6: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; and a uniform resource locator (URL).
Claim 10: Sending, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
Claim 7: Sending, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
Claim 11: A base station comprising:
one or more processors; and
memory storing instructions that, when executed, cause the base station to perform operations comprising:
sending, to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network;
receiving, from the wireless device and based on the SIB indicating support for the RLOS, a preamble;
sending, to the wireless device, a random access response to the preamble;
receiving, from the wireless device and based on the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME) configured with an RLOS access point name, that an attach request of the wireless device is for the RLOS; and
sending, to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS by the MME.
Claim 8: A base station comprising:
one or more processors; and
memory storing instructions that, when executed by the one or more processors, cause the base station to:
send, to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station;
receive, from the wireless device and after the sending of the SIB indicating support for the RLOS, a preamble;
send, to the wireless device, a random access response to the preamble;
receive, from the wireless device and after the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME) configured with an RLOS access point name, that an attach request of the wireless device is for the RLOS; and
send, to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS by the MME.
The instant application discloses virtually all the limitations of the patented application with the exception of ‘send, to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station’. It would have been obvious to one of the ordinary skill in the art before the time the invention was filed to provide ‘send, to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station’ as disclosed by the instant claim into the patented claim so as to effectively control policy for restricted local operator services in wireless communication system.
Claim 12: Wherein the RLOS is provided an operator of the public land mobile network.
Claim 9: Wherein the RLOS is provided an operator of the public land mobile network.
Claim 13: Wherein the at least one first RRC message further comprises an identifier of the wireless device.
Claim 10: Wherein the at least one first RRC message further comprises an identifier of the wireless device.
Claim 16: Wherein the system information block further indicates a level of support for the RLOS.
Claim 11: Wherein the system information block further indicates a level of support for the RLOS.
Claim 18: Wherein the attach accept message comprises RLOS information comprising at least one of: a first information element indicating a service type of at least one RLOS allowed for the wireless device; or a second information element indicating application information for the service type.
Claim 12: Wherein the attach accept message comprises RLOS information comprising at least one of: a third information element indicating a service type of at least one RLOS allowed for the wireless device; and a fourth information element indicating application information for the service type.
Claim 19: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; or a uniform resource locator (URL).
Claim 13: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; and a uniform resource locator (URL).
Claim 10: Sending, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
Claim 14: Wherein the instructions further cause the base station to send, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
Claim 11: A base station comprising: one or more processors; and memory storing instructions that, when executed, cause the base station to perform operations comprising:
sending, to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network;
receiving, from the wireless device and based on the SIB indicating support for the RLOS, a preamble;
sending, to the wireless device, a random access response to the preamble;
receiving, from the wireless device and based on the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME) configured with an RLOS access point name, that an attach request of the wireless device is for the RLOS; and
sending, to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS by the MME.
Claim 15: A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a base station, cause the base station to:
send, by the base station to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station;
receive, by the base station from the wireless device, a preamble;
send, by the base station to the wireless device, a random access response to the preamble;
receive, from the wireless device and after the random access response, at least one first radio resource control (RRC) message comprising:
a first information element indicating, to the base station, that an RRC connection of the wireless device is for the RLOS; and
a second information element comprising an attach request message indicating, to a mobility management entity (MME), that an attach request of the wireless device is for the RLOS; and
send, from the base station to the wireless device, a second RRC message comprising an attach accept message indicating acceptance of the RLOS.
The instant application discloses virtually all the limitations of the patented application with the exception of ‘send, to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station’. It would have been obvious to one of the ordinary skill in the art before the time the invention was filed to provide ‘send, to a wireless device, a system information block (SIB) indicating that restricted local operator services (RLOS) are supported by a public land mobile network comprising the base station’ as disclosed by the instant claim into the patented claim so as to effectively control policy for restricted local operator services in wireless communication system.
Claim 12: Wherein the RLOS is provided an operator of the public land mobile network.
Claim 16: Wherein the RLOS is provided an operator of the public land mobile network.
Claim 13: Wherein the at least one first RRC message further comprises an identifier of the wireless device.
Claim 17: Wherein the at least one first RRC message further comprises an identifier of the wireless device.
Claim 18: Wherein the attach accept message comprises RLOS information comprising at least one of: a first information element indicating a service type of at least one RLOS allowed for the wireless device; or a second information element indicating application information for the service type.
Claim 18: Wherein the attach accept message comprises RLOS information comprising at least one of: a third information element indicating a service type of at least one RLOS allowed for the wireless device; and a fourth information element indicating application information for the service type.
Claim 19: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; or a uniform resource locator (URL).
Claim 19: Wherein the application information comprises at least one of: a service data flow filter; an application identifier; and a uniform resource locator (URL).
Claim 10: Sending, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
Claim 20: Wherein the instructions further cause the base station to send, by the base station for the wireless device and based on the RLOS information, packets of the at least one RLOS.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GBEMILEKE J ONAMUTI whose telephone number is (571)270-5619. The examiner can normally be reached 8:00 AM - 5:00 PM.
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/GBEMILEKE J ONAMUTI/Primary Examiner, Art Unit 2463
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