DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
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).
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3. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-22 of Patent No.: US 11,350,341 B2 to Pelletier 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. Applicants incorporate underlined limitations to the independent claims of this instant application below so as to broaden the patented application. Thus, both sets of claims are obvious variant of each other. See table and claim mapping below:
Patent No.: US 11,350,341 B2
Instant Application 18/927,414
Claim 1: A wireless transmit/receive unit (WTRU) comprising:
a transceiver; and
a processor, wherein the processor and the transceiver are configured to:
receive messages on a first cell using a first radio access technology (RAT);
receive, on the first cell, a radio resource control (RRC) reconfiguration message, wherein the RRC reconfiguration message includes first information indicating to the WTRU to use a second cell using the first RAT, and second information indicating to the WTRU to use a third cell using a second RAT, wherein the first RAT and the second RAT are different RATs;
responsive to receiving the first information, initiate a first random access procedure on the second cell using the first RAT; and
responsive to receiving the second information, initiate a second random access procedure on the third cell using the second RAT.
Claim 1: A wireless transmit/receive unit (WTRU) comprising:
a transceiver; and
a processor, wherein the transceiver and the processor are configured to:
receive, using a first radio resource control (RRC) connection on a primary cell of a first radio access technology (RAT), a first RRC message including configuration information for a second RRC connection on a secondary cell of a second RAT;
transmit, on the secondary cell of the second RAT, radio resource configuration information associated with the second RRC connection;
receive notification of a state transition to IDLE in the first RAT; and
release, in response to the received notification, the second RRC connection on the secondary cell of the second RAT.
The instant application discloses virtually all the limitations of the patented application with the exception of ‘responsive to receiving the first information, initiate a first random access procedure on the second cell using the first RAT; and responsive to receiving the second information, initiate a second random access procedure on the third cell using the second RAT’. It would have been obvious to one of the ordinary skill in the art at the time the invention was filed to provide ‘responsive to receiving the first information, initiate a first random access procedure on the second cell using the first RAT; and responsive to receiving the second information, initiate a second random access procedure on the third cell using the second RAT’ as disclosed by the patented claim into the instant claim so as to effectively wirelessly communicate information in different radio access technology (RAT).
Claim 1: Receive messages on a first cell using a first radio access technology (RAT); receive, on the first cell.
Claim 2: Transmit and receive data on the primary cell of the first RAT.
Claim 2: Wherein the RRC reconfiguration message is associated with handover.
Claim 3: Wherein the first RRC message is an RRC reconfiguration message.
Claim 3: Determine, based on the first random access procedure, first uplink timing information for the second cell using the first RAT; and determine, based on the second random access procedure, second uplink timing information for the third cell using the second RAT.
Claim 4: Wherein the configuration information indicates to the WTRU to establish the second RRC connection on the secondary cell of the second RAT.
Claim 1: Receive, on the first cell, a radio resource control (RRC) reconfiguration message, wherein the RRC reconfiguration message includes first information indicating to the WTRU to use a second cell using the first RAT, and second information indicating to the WTRU to use a third cell using a second RAT, wherein the first RAT and the second RAT are different RATs.
Claim 5: Wherein the configuration information indicates to add the secondary cell for the second RAT.
Claim 11: Wherein the RRC reconfiguration message is received on a first signaling radio bearer (SRB).
Claim 6: Wherein the configuration information includes information for establishing a radio bearer for the second RAT.
Claim 1: Receive, on the first cell, a radio resource control (RRC) reconfiguration message, wherein the RRC reconfiguration message includes first information indicating to the WTRU to use a second cell using the first RAT.
Claim 7: Wherein the first RRC message includes the radio resource configuration information associated with the second RRC connection.
Claim 1: Receive, on the first cell, a radio resource control (RRC) reconfiguration message, wherein the RRC reconfiguration message includes first information indicating to the WTRU to use a second cell using the first RAT.
Claim 8: Wherein the first RRC connection on the primary cell of the first RAT uses a first RRC instance, and the second RRC connection on the secondary cell of the second RAT uses a second RRC instance.
Claim 6: Wherein the processor and the transceiver are further configured to send, on the second cell using the first RAT, transmissions.
Claim 9: Wherein data transmissions using the first RAT use at least a first carrier and data transmissions using the second RAT use at least a second carrier.
Claim 1: Receive messages on a first cell using a first radio access technology (RAT); receive, on the first cell, a radio resource control (RRC) reconfiguration message.
Claim 10: Wherein the first RRC message further includes configuration information for the first RRC connection on the primary cell of the first RAT.
Claim 12: A method performed by a wireless transmit/receive unit (WTRU), the method comprising:
receiving messages on a first cell using a first radio access technology (RAT); receiving, on the first cell, a radio resource control (RRC) reconfiguration message, wherein the RRC reconfiguration message includes first information indicating to the WTRU to use a second cell using the first RAT, and second information indicating to the WTRU to use a third cell using a second RAT, wherein the first RAT and the second RAT are different RATs;
responsive to receiving the first information, initiating a first random access procedure on the second cell using the first RAT; and
responsive to receiving the second information, initiating a second random access procedure on the third cell using the second RAT.
Claim 11: A method performed by a wireless transmit/receive unit (WTRU), the method comprising:
receiving, using a first radio resource control (RRC) connection on a primary cell of a first radio access technology (RAT), a first RRC message including configuration information for a second RRC connection on a secondary cell of a second RAT;
transmitting, on the secondary cell of the second RAT, radio resource configuration information associated with the second RRC connection;
receiving a notification of a state transition to IDLE in the first RAT; and
releasing, in response to the received notification, the second RRC connection on the secondary cell of the second RAT.
The instant application discloses virtually all the limitations of the patented application with the exception of ‘responsive to receiving the first information, initiate a first random access procedure on the second cell using the first RAT; and responsive to receiving the second information, initiate a second random access procedure on the third cell using the second RAT’. It would have been obvious to one of the ordinary skill in the art at the time the invention was filed to provide ‘responsive to receiving the first information, initiate a first random access procedure on the second cell using the first RAT; and responsive to receiving the second information, initiate a second random access procedure on the third cell using the second RAT’ as disclosed by the patented claim into the instant claim so as to effectively wirelessly communicate information in different radio access technology (RAT).
Claim 12 Receiving messages on a first cell using a first radio access technology (RAT); receive, on the first cell.
Claim 12: Transmitting and receiving data on the primary cell of the first RAT.
Claim 13: Wherein the RRC reconfiguration message is associated with handover.
Claim 13: Wherein the first RRC message is an RRC reconfiguration message.
Claim 14: Determining, based on the first random access procedure, first uplink timing information for the second cell using the first RAT; and determining, based on the second random access procedure, second uplink timing information for the third cell using the second RAT.
Claim 14: Wherein the configuration information indicates to the WTRU to establish the second RRC connection on the secondary cell of the second RAT.
Claim 15: Wherein uplink transmissions on the second cell using the first RAT are synchronized according to the first uplink timing information, and wherein uplink transmissions on the third cell using the second RAT are synchronized according to the second uplink timing information.
Claim 15: Wherein the configuration information indicates to add the secondary cell for the second RAT.
Claim 22: Wherein the RRC reconfiguration message is received on a first signaling radio bearer (SRB).
Claim 16: Wherein the configuration information includes information for establishing a radio bearer for the second RAT.
Claim 12: Receiving messages on a first cell using a first radio access technology (RAT); receiving, on the first cell, a radio resource control (RRC) reconfiguration message, wherein the RRC reconfiguration message includes first information indicating to the WTRU to use a second cell using the first RAT, and second information indicating to the WTRU to use a third cell using a second RAT, wherein the first RAT and the second RAT are different RATs.
Claim 17: Wherein the first RRC message includes the radio resource configuration information associated with the second RRC connection.
Claim 12: Receiving messages on a first cell using a first radio access technology (RAT); receiving, on the first cell, a radio resource control (RRC) reconfiguration message, wherein the RRC reconfiguration message includes first information indicating to the WTRU to use a second cell using the first RAT.
Claim 18: Wherein the first RRC connection on the primary cell of the first RAT uses a first RRC instance, and the second RRC connection on the secondary cell of the second RAT uses a second RRC instance.
Claim 12: Receiving messages on a first cell using a first radio access technology (RAT); receiving, on the first cell, a radio resource control (RRC) reconfiguration message, wherein the RRC reconfiguration message includes first information indicating to the WTRU to use a second cell using the first RAT, and second information indicating to the WTRU to use a third cell using a second RAT, wherein the first RAT and the second RAT are different RATs.
Claim 19: Wherein data transmissions using the first RAT use at least a first carrier and data transmissions using the second RAT use at least a second carrier.
Claim 12: Receiving messages on a first cell using a first radio access technology (RAT); receiving, on the first cell, a radio resource control (RRC) reconfiguration message.
Claim 20: Wherein the first RRC message further includes configuration information for the first RRC connection on the primary cell of the first RAT.
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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