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. 17/660,338 filed on 10/18/24. Claims 1 – 20 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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7. Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,167,366 in view of Fehrenbach et al. (US 2022/0264523, Fehrenbach hereafter). See the reasons below:
Instant Application
Pat # 12,167,366
An apparatus for wireless communication at a user equipment (UE), comprising: one or more memories; and one or more processors, coupled to the one or more memories, configured to: establish, by a first subscription of the UE, a connection to a first network entity using two transmit (Tx) chains of the UE during a connected mode of the first subscription; receive, by a second subscription of the UE, a paging message from a second network entity during an idle mode of the second subscription, wherein a connection setup between the second subscription and the second network entity is temporarily held after the paging message is received from the second network entity; and perform, by the second subscription to the second network entity, the connection setup based at least in part on the first subscription reducing the two Tx chains to one Tx chain.
An apparatus for wireless communication at a user equipment (UE), comprising: one or more memories; and one or more processors, coupled to the one or more memories, configured to: establish, by a first subscription of the UE, a connection to a first network entity using two transmit (Tx) chains of the UE during a connected mode of the first subscription; receive, by a second subscription of the UE, a paging message for a voice call from a second network entity during an idle mode of the second subscription; and reduce, by the first subscription, the two Tx chains to one Tx chain for the first subscription based at least in part on the reception of the paging message for the voice call.
Even though instant application does not specifically disclose voice call and temporary holding second network after paging message received.
In the same field of endeavor, Fehrenbach teaches disclose voice call and temporary holding second network after paging message received (Fig. 3 – 4, switches via switch 306 between SIM A and SIM B; via the signal paging information; known in the art to have a voice call since 5G/LTE etc.).
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 Fehrenbach’s voice call and temporary holding communication of another SIM with the system of Patent 12,167,366. One would be motivated to combine these teachings because in doing so it is advantageous as it allows the network entity to handle the interruption and to consider it as a service interruption and to avoid any unexpected behavior.
8. Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,167,366.
Instant Application
Pat # 12,167,366
The apparatus of claim 1, wherein the one or more processors are further configured to: transmit, by the first subscription to the first network entity, UE assistance information (UAI) that indicates one or more of: a preference for an uplink multiple-input multiple-output (MIMO) layer reduction, a preference for a component carrier reduction, or a preference for a downlink MIMO layer reduction.
The apparatus of claim 1, wherein the one or more processors are further configured to: transmit, by the first subscription to the first network entity, UE assistance information (UAI) that indicates one or more of: a preference for an uplink multiple-input multiple-output (MIMO) layer reduction, or a preference for a component carrier reduction.
9. Claim 3 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,167,366.
Instant Application
Pat # 12,167,366
The apparatus of claim 2, wherein the one or more processors are further configured to: receive, by the first subscription from the first network entity and based at least in part on the UAI, a network response that indicates the one Tx chain for the first subscription.
The apparatus of claim 2, wherein the one or more processors are further configured to: receive, by the first subscription from the first network entity and based at least in part on the UAI, a network response that indicates the one Tx chain for the first subscription.
10. Claim 4 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,167,366.
Instant Application
Pat # 12,167,366
The apparatus of claim 3, wherein the network response is a radio resource control (RRC) reconfiguration, and wherein the RRC reconfiguration indicates one or more of: an uplink single-input single-output layer configuration, the component carrier reduction, the downlink MIMO layer reduction, or the uplink MIMO layer reduction.
The apparatus of claim 3, wherein the network response is a radio resource control (RRC) reconfiguration, and wherein the RRC reconfiguration indicates one or more of: an uplink single-input single-output layer configuration, a component carrier reduction, or a downlink multiple-input multiple-output layer reduction.
11. Claim 6 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,167,366.
Instant Application
Pat # 12,167,366
The apparatus of claim 2, wherein the one or more processors are further configured to: start, by the first subscription, a timer based at least in part on the UAI transmitted to the first network entity, wherein reducing the two Tx chains to the one Tx chain for the first subscription is based at least in part on a network response not being received from the first network entity before an expiry of the timer, and wherein the network response is associated with an indication of the one Tx chain for the first subscription.
The apparatus of claim 2, wherein the one or more processors are further configured to: start, by the first subscription, a timer based at least in part on the UAI transmitted to the first network entity, wherein reducing the two Tx chains to the one Tx chain for the first subscription is based at least in part on a network response not being received from the first network entity before an expiry of the timer, and wherein the network response is associated with an indication of the one Tx chain for the first subscription.
12. Claim 7 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,167,366.
Instant Application
Pat # 12,167,366
The apparatus of claim 1, wherein the one or more processors are further configured to: transmit, by the first subscription to the second subscription and based at least in part on the first subscription reducing the two Tx chains to the one Tx chain, an indication that the second subscription is now suited to enter a mode that supports dual subscriber identification module (SIM) dual‐active (DSDA); transmit, by the second subscription to the second network entity and based at least in part on entering the mode that supports DSDA, a paging response for performing a connection setup; and receive, by the second subscription from the second network entity and based at least in part on the connection setup of the second subscription, a reconfiguration associated with entering the mode that supports DSDA.
The apparatus of claim 1, wherein the one or more processors are further configured to: transmit, by the first subscription to the second subscription and based at least in part on the first subscription reducing the two Tx chains to the one Tx chain, an indication that the second subscription is now suited to enter a mode that supports dual subscriber identification module (SIM) dual-active (DSDA); transmit, by the second subscription to the second network entity and based at least in part on entering the mode that supports DSDA, a paging response for performing a connection setup; and receive, by the second subscription from the second network entity and based at least in part on the connection setup of the second subscription, a reconfiguration associated with entering the mode that supports DSDA.
12. Claim 8 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,167,366.
Instant Application
Pat # 12,167,366
The apparatus of claim 1, wherein the one or more processors are further configured to: transmit, by the first subscription to the first network entity, a sounding reference signal (SRS) on a first port and a blank on a second port; and start, by the first subscription, a timer based at least in part on transmitting the SRS, wherein reducing the two Tx chains to the one Tx chain for the first subscription is based at least in part on a network response not being received from the first network entity before an expiry of the timer, and wherein the network response is associated with an indication of the one Tx chain for the first subscription.
The apparatus of claim 1, wherein the one or more processors are further configured to: transmit, by the first subscription to the first network entity, a sounding reference signal (SRS) on a first port and a blank on a second port; and start, by the first subscription, a timer based at least in part on transmitting the SRS, wherein reducing the two Tx chains to the one Tx chain for the first subscription is based at least in part on a network response not being received from the first network entity before an expiry of the timer, and wherein the network response is associated with an indication of the one Tx chain for the first subscription.
13. Claim 9 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,167,366.
Instant Application
Pat # 12,167,366
The apparatus of claim 8, wherein the one or more processors are further configured to: receive, by the first subscription and from the first network entity, a single-layer uplink grant associated with a single-layer uplink transmission; and perform, by the first subscription, an early termination of the timer.
The apparatus of claim 9, wherein the one or more processors are further configured to: receive, by the first subscription and from the first network entity, a single-layer uplink grant associated with a single-layer uplink transmission; and perform, by the first subscription, an early termination of the timer.
14. Claim 10 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 12,167,366.
Instant Application
Pat # 12,167,366
The apparatus of claim 1, wherein the one or more processors are further configured to: transmit, by the second subscription to the second network entity, a sounding reference signal (SRS) on a first port and a blank on a second port.
The apparatus of claim 1, wherein the one or more processors are further configured to: transmit, by the second subscription to the second network entity, a sounding reference signal (SRS) on a first port and a blank on a second port.
15. Claim 11 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,167,366.
Instant Application
Pat # 12,167,366
The apparatus of claim 1, wherein the one or more processors are further configured to: determine, by the second subscription and based at least in part on the paging message, that the paging message includes a voice indication, wherein a connection setup between the second subscription and the second network entity is temporarily held based at least in part on the paging message including the voice indication.
The apparatus of claim 1, wherein the one or more processors are further configured to: determine, by the second subscription and based at least in part on the paging message, that the paging message includes a voice indication, wherein a connection setup between the second subscription and the second network entity is temporarily held based at least in part on the paging message including the voice indication.
16. Claim 12 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 12,167,366.
Instant Application
Pat # 12,167,366
The apparatus of claim 1, wherein a connection setup between the second subscription and the second network entity is temporarily held after the paging message is received from the second network entity to avoid a relatively high block error rate at the first subscription after reducing the two Tx chains to the one Tx chain.
The apparatus of claim 1, wherein a connection setup between the second subscription and the second network entity is temporarily held after the paging message is received from the second network entity to avoid a relatively high block error rate at the first subscription after reducing the two Tx chains to the one Tx chain.
Regarding claim 13, the method substantially has same limitations as claim 1, thus the same rejection is applicable.
Regarding claim 14, the method substantially has same limitations as claim 2, thus the same rejection is applicable.
Regarding claim 15, the method substantially has same limitations as claim 3, thus the same rejection is applicable.
Regarding claim 16, the method substantially has same limitations as claim 4, thus the same rejection is applicable.
Regarding claim 18, the method substantially has same limitations as claim 6, thus the same rejection is applicable.
Regarding claim 19, the method substantially has same limitations as claim 7, thus the same rejection is applicable.
Regarding claim 20, the non-transitory computer readable medium substantially has same limitations as claim 1, thus the same rejection is applicable.
Allowable Subject Matter
17. Claims 5, 17 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
18. 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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