DETAILED ACTION
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 .
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 § 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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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,160,911 in view of Ahmad (Pub. No.: US 2019/0349951; hereinafter Ahmad).
Claim 1 of U.S. Patent No. 12,160,911 discloses all the claimed features of claim 1 of Application No. 18/927,436 except for the features of: regarding claim 1, a method for an electronic device to assist a remote electronic device, which is more remote than the electronic device with respect to a signal coverage range of a wireless communication network, to have access to a relay service provided by the wireless communication.
Regarding claim 1, Ahmad discloses a method for an electronic device to assist a remote electronic device, which is more remote than the electronic device with respect to a signal coverage range of a wireless communication network, to have access to a relay service provided by the wireless communication (see Fig. 3, Fig. 5, a relay architecture that includes remote WTRU and relay WTRU).
It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of U.S. Patent No. 12,160,911, and have the features, as taught by Ahmad, to design WTRU-to-Network relay to support efficient operation with multiple remote WTRUs. WTRU-to-Network relay may utilize efficient path switching between Uu and D2D air interfaces, as discussed by Ahmad (para. 0075).
Claim from Application No. 18/927,436
Claim from U.S. Patent No. 12,160,911
1. A method for an electronic device to assist a remote electronic device, which is more remote than the electronic device with respect to a signal coverage range of a wireless communication network, to have access to a relay service provided by the wireless communication, the method comprising: receiving a PC5-link-establishment request message from the remote user equipment; determining whether there is a relay chain association for the remote electronic device including: determining whether to accept the remote electronic device to join a relay chain or determining whether to take on role of a relay electronic device for the remote electronic device; and transmitting, to the remote electronic device, a PC5-link-establishment response message based upon the relay chain association determination.
1. A method comprising:
receiving a PC5-link-establishment request message from a remote electronic device; determining whether there is a relay chain association for the remote electronic device comprising: determining whether to accept the remote electronic device to join a relay chain or determining whether to take on a role of a relay electronic device for the remote electronic device; transmitting, to the remote electronic device, a PC5-link-establishment response message based upon the relay chain association determination;
transmitting, to a wireless communication network, a join-relay-chain request message, wherein the join-relay-chain request message comprises a registration request message requesting the wireless communication network enable a multi-hop relay service; providing an indication to the wireless communication network of a role that the electronic device requests to perform in the multi-hop relay service, the role being a remote electronic device role or a relay electronic device role; determining whether to accept the remote electronic device to join the relay chain; establishing a PC-5 link with the remote electronic device; and receiving a join-relay-chain response from the wireless communication network via a non-access stratum (NAS) connection.
Claim Objections
Claim 1 is objected to because of the following informalities:
Applicant is advised to amend the claim to show the following:
Claim 1. A method for an electronic device to assist a remote electronic device, which is more remote than the electronic device with respect to a signal coverage range of a wireless communication network, to have access to a relay service provided by the wireless communication, the method comprising:
receiving a PC5-link-establishment request message from the remote electronic device;
determining whether there is a relay chain association for the remote electronic device including: determining whether to accept the remote electronic device to join a relay chain or determining whether to take on role of a relay electronic device for the remote electronic device; and
transmitting, to the remote electronic device, a PC5-link-establishment response message based upon the relay chain association determination.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ahmad (Pub. No.: US 2019/0349951; hereinafter Ahmad).
Regarding claim 1, Ahmad discloses a method for an electronic device to assist a remote electronic device, which is more remote than the electronic device with respect to a signal coverage range of a wireless communication network, to have access to a relay service provided by the wireless communication (see Fig. 3, Fig. 5, a relay architecture that includes remote WTRU and relay WTRU), the method comprising: receiving a PC5-link-establishment request message from the remote user equipment; determining whether there is a relay chain association for the remote electronic device (see Fig. 5, para. 0103, A remote WTRU may send a connection request message to a relay WTRU. The connection request may be related to a PC5 connection, for example) including: determining whether to accept the remote electronic device to join a relay chain or determining whether to take on role of a relay electronic device for the remote electronic device (see para. 0105, The relay WTRU may be authorized by the network to perform relay functions…see para. 0107, Upon receiving a connection request from a remote WTRU, the relay WTRU may determine whether to accept (e.g., grant) or reject the connection request); and transmitting, to the remote electronic device, a PC5-link-establishment response message based upon the relay chain association determination (see para. 0108, The relay WTRU may send a PC5 connection response message to the first remote WTRU indicating whether the relay WTRU may be able to serve the first remote WTRU. The PC5 connection response message may include an indication of allowed or achievable QoS relating to the connection).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anh Ngoc M Nguyen whose telephone number is (571) 270-5139. The examiner can normally be reached on Monday to Friday, from 7:30 am to 4:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kwang Bin Yao can be reached on ((571) 272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANH NGOC M NGUYEN/Primary Examiner, Art Unit 2473
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