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. 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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3. Claims 1-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of Patent No.: US 12,150,049 B2 to Ong, Ivan. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims limitation are transparently found in the claims of the above mentioned patented claims. Applicant’s incorporate underlined limitations to the independent claims of this instant application below so as broaden the patented application. Thus, both set of claims are obvious variant of each other. See table and claim mapping below:
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 12,150,049 B2
Instant Application 18/924,742
Claim 1: A method comprising:
determining, by a gateway device comprising a plurality of components, a disruption of primary power associated with the gateway device;
determining one or more active components of the plurality of components; causing, based on the determining the one or more active components, a reduction, for a first time period, of a modulation rate associated with the one or more active components; and
causing, based on an expiration of the first time period, backup power to the one or more active components to be removed.
Claim 1: A non-transitory, computer-readable medium storing instructions that, when executed, cause:
determining, by a gateway device comprising a plurality of components,
a disruption of primary power associated with the gateway device;
determining one or more active components of the plurality of components; causing, based on the determining the one or more active components,
a reduction, for a first time period, of a modulation rate associated with the one or more active components; and
causing, based on an expiration of the first time period, backup power to the one or more active components to be removed.
The instant application discloses virtually all the limitations of the patented application with the exception of ‘a non-transitory, computer-readable medium storing instructions’ executing these claim limitation(s). It would have been obvious to one of the ordinary skill in the art before the time the invention was filed to provide ‘a non-transitory, computer-readable medium storing instructions’ executing these claim limitation(s)’ as disclosed by the instant claim into the patented claim so as to effectively improve and control power system in wireless communication devices.
Claim 2: Determining one or more inactive components of the plurality of components; and causing, based on the determining the one or more inactive components, backup power to the one or more inactive components to be removed.
Claim 2: Determining one or more inactive components of the plurality of components; and causing, based on the determining the one or more inactive components, backup power to the one or more inactive components to be removed.
Claim 3: Wherein the backup power is provided by a battery device.
Claim 3: Wherein the backup power is provided by a battery device.
Claim 4: Wherein the determining the disruption of primary power to the gateway device comprises receiving an indication from a backup battery indicating the disruption of primary power.
Claim 4: Wherein the instructions that, when executed, cause the determining the disruption of primary power to the gateway device, cause receiving an indication from the battery device indicating the disruption of primary power.
Claim 5: Wherein causing the reduction of the modulation rate associated with the one or more active components comprises causing a reduction in a quantity of spatial streams associated with the one or more active components.
Claim 5: Wherein the instructions that, when executed, cause causing the reduction of the modulation rate associated with the one or more active components, cause causing a reduction in a quantity of spatial streams associated with the one or more active components.
Claim 6: Wherein the quantity of spatial streams is associated with at least one of a quantity of transmitting antennas or a quantity of receiving antennas associated with the one or more active components.
Claim 6: Wherein the quantity of spatial streams is associated with at least one of a quantity of transmitting antennas or a quantity of receiving antennas associated with the one or more active components.
Claim 7: Wherein causing the reduction of the modulation rate associated with the one or more active components comprises changing from a first modulation and coding scheme (MCS) to a second MCS that is different from the first MCS.
Claim 7: Wherein the instructions that, when executed, cause causing the reduction of the modulation rate associated with the one or more active components, cause changing from a first modulation and coding scheme (MCS) to a second MCS that is different from the first MCS.
Claim 8: Wherein the first MCS comprises at least one of 256 quadrature amplitude modulation (QAM) or 1024-QAM, and wherein the second MCS comprises at least one of binary phase shift keying, quadrature phase shift keying, or 16-QAM.
Claim 8: Wherein the first MCS comprises at least one of 256 quadrature amplitude modulation (QAM) or 1024-QAM, and wherein the second MCS comprises at least one of binary phase shift keying, quadrature phase shift keying, or 16-QAM.
Claim 9: Causing, based on the determining the disruption of primary power, backup power to be provided to at least one voice port or wide area network interface associated with the gateway device.
Claim 9: Wherein the instructions, when executed, further cause causing, based on the determining the disruption of primary power, backup power to be provided to at least one voice port or wide area network interface associated with the gateway device.
Claim 10: A method comprising:
receiving, at a gateway device comprising a plurality of components, a wireless signal indicating a disruption of primary power associated with the gateway device;
causing, based on the receiving the indication of the disruption of primary power, a reduction, for a first period of time, of a modulation rate associated with one or more of the plurality of components; and
causing, based on determining an expiration of the first period of time, backup power to the one or more of the plurality of components to be removed.
Claim 10: A gateway device comprising:
a plurality of components;
one or more processors; and
memory storing instructions that, when executed by the one or more processors, cause the gateway device to:
determine a disruption of primary power associated with the gateway device; determine one or more active components of the plurality of components;
cause, based on the determining the one or more active components, a reduction, for a first time period, of a modulation rate associated with the one or more active components; and
cause, based on an expiration of the first time period, backup power to the one or more active components to be removed.
The instant application discloses virtually all the limitations of the patented application with the exception of ‘a gateway device’ executing these claim limitation(s). It would have been obvious to one of the ordinary skill in the art before the time the invention was filed to provide ‘a gateway device’ executing these claim limitation(s)’ as disclosed by the instant claim into the patented claim so as to effectively improve and control power system in wireless communication devices.
Claim 11: Determining one or more second components of the plurality of components; and causing, based on the receiving the indication of the disruption of primary power, the backup power to the one or more second components to be removed.
Claim 11: Determine one or more inactive components of the plurality of components; and cause, based on the determining the one or more inactive components, backup power to the one or more inactive components to be removed.
Claim 3: Wherein the backup power is provided by a battery device.
Claim 12: Wherein the backup power is provided by a battery device.
Claim 4: Wherein the determining the disruption of primary power to the gateway device comprises receiving an indication from a backup battery indicating the disruption of primary power.
Claim 13: Determine the disruption of primary power to the gateway device, cause the gateway device to receive an indication from the battery device indicating the disruption of primary power.
Claim 5: Wherein causing the reduction of the modulation rate associated with the one or more active components comprises causing a reduction in a quantity of spatial streams associated with the one or more active components.
Claim 14: Wherein the instructions that, when executed, cause the gateway device to cause the reduction of the modulation rate associated with the one or more active components, cause the gateway device to cause a reduction in a quantity of spatial streams associated with the one or more active components.
Claim 6: Wherein the quantity of spatial streams is associated with at least one of a quantity of transmitting antennas or a quantity of receiving antennas associated with the one or more active components.
Claim 15: Wherein the quantity of spatial streams is associated with at least one of a quantity of transmitting antennas or a quantity of receiving antennas associated with the one or more active components.
Claim 7: Wherein causing the reduction of the modulation rate associated with the one or more active components comprises changing from a first modulation and coding scheme (MCS) to a second MCS that is different from the first MCS.
Claim 16: Wherein the instructions that, when executed, cause the gateway device to cause the reduction of the modulation rate associated with the one or more active components, cause the gateway device to change from a first modulation and coding scheme (MCS) to a second MCS that is different from the first MCS.
Claim 8: Wherein the first MCS comprises at least one of 256 quadrature amplitude modulation (QAM) or 1024-QAM, and wherein the second MCS comprises at least one of binary phase shift keying, quadrature phase shift keying, or 16-QAM.
Claim 17: Wherein the first MCS comprises at least one of 256 quadrature amplitude modulation (QAM) or 1024-QAM, and wherein the second MCS comprises at least one of binary phase shift keying, quadrature phase shift keying, or 16-QAM.
Claim 9: Causing, based on the determining the disruption of primary power, backup power to be provided to at least one voice port or wide area network.
Claim 18: Wherein the instructions, when executed, further cause the gateway device to cause, based on the determining the disruption of primary power, backup power to be provided to at least one voice port or wide area network interface associated with the gateway device.
Claim 16: A method comprising:
determining, by a gateway device comprising a plurality of components, a disruption of primary power associated with the gateway device;
determining one or more active components of the plurality of components;
causing, based on the determining the one or more active components, a reduction, for a first time period, of a modulation rate associated with the one or more active components;
determining one or more inactive components of the plurality of components; and causing, based on determining the one or more inactive components, backup power to the one or more inactive components to be removed.
Claim 19: A system comprising:
a source of primary power; and
a gateway device comprising a plurality of components and configured to:
determine a disruption of primary power associated with the gateway device; determine one or more active components of the plurality of components;
cause, based on the determining the one or more active components, a reduction, for a first time period, of a modulation rate associated with the one or more active components; and
cause, based on an expiration of the first time period, backup power to the one or more active components to be removed.
The instant application discloses virtually all the limitations of the patented application with the exception of ‘a system’ executing these claim limitation(s). It would have been obvious to one of the ordinary skill in the art before the time the invention was filed to provide ‘a system’ executing these claim limitation(s)’ as disclosed by the instant claim into the patented claim so as to effectively improve and control power system in wireless communication devices.
Claim 2: Determining one or more inactive components of the plurality of components; and causing, based on the determining the one or more inactive components, backup power to the one or more inactive components to be removed.
Claim 20: Determine one or more inactive components of the plurality of components; and cause, based on the determining the one or more inactive components, backup power to the one or more inactive components to be removed.
Claim 3: Wherein the backup power is provided by a battery device.
Claim 21: Wherein the backup power is provided by a battery device.
Claim 4: Wherein the determining the disruption of primary power to the gateway device comprises receiving an indication from a backup battery indicating the disruption of primary power.
Claim 22: Wherein the gateway device is configured to determine the disruption of primary power to the gateway device by receiving an indication from the battery device indicating the disruption of primary power.
Claim 5: Wherein causing the reduction of the modulation rate associated with the one or more active components comprises causing a reduction in a quantity of spatial streams associated with the one or more active components.
Claim 23: Wherein the gateway device is configured to cause the reduction of the modulation rate associated with the one or more active components by causing a reduction in a quantity of spatial streams associated with the one or more active components.
Claim 6: Wherein the quantity of spatial streams is associated with at least one of a quantity of transmitting antennas or a quantity of receiving antennas associated with the one or more active components.
Claim 24: Wherein the quantity of spatial streams is associated with at least one of a quantity of transmitting antennas or a quantity of receiving antennas associated with the one or more active components.
Claim 7: Wherein causing the reduction of the modulation rate associated with the one or more active components comprises changing from a first modulation and coding scheme (MCS) to a second MCS that is different from the first MCS.
Claim 25: Wherein the gateway device is configured to cause the reduction of the modulation rate associated with the one or more active components by changing from a first modulation and coding scheme (MCS) to a second MCS that is different from the first MCS.
Claim 8: Wherein the first MCS comprises at least one of 256 quadrature amplitude modulation (QAM) or 1024-QAM, and wherein the second MCS comprises at least one of binary phase shift keying, quadrature phase shift keying, or 16-QAM.
Claim 26:Wherein the first MCS comprises at least one of 256 quadrature amplitude modulation (QAM) or 1024-QAM, and wherein the second MCS comprises at least one of binary phase shift keying, quadrature phase shift keying, or 16-QAM.
Claim 9: Causing, based on the determining the disruption of primary power, backup power to be provided to at least one voice port or wide area network.
Claim 27: Wherein the gateway device is further configured to cause, based on the determining the disruption of primary power, backup power to be provided to at least one voice port or wide area network interface associated with the gateway device.
Conclusion
4. 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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