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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Claims 1, 4 – 6, 10 – 12, are 15 – 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2 – 12 and 28 of U.S. Patent No. 12,132,559. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 4 – 6, 10 – 12, are 15 – 19 of the instant application merely broadens the scope of the claims 1 – 12 and 28 of the patent by eliminating the elements and their functions of claims 1 – 12 and 28 of the patent. Therefore, it would be obvious to one having ordinary skill in the art at the time the invention was made to realize that the both invention to provide an apparatus for wireless communications at a first wireless device, comprising: one or more processors; memory coupled with the one or more processors; and instructions stored in the memory and executable by the one or more processors to cause the apparatus to: communicate, with a second wireless device via a second bandwidth while operating in an inactive session state for the second bandwidth and while operating in an active session state with the second wireless device for a first bandwidth, a plurality of beacons corresponding to a plurality of transmission sectors of the second wireless device for the second bandwidth; and communicate, with the second wireless device, information indicating a selected transmission sector for the second bandwidth based at least in part on communication of the plurality of beacons. Furthermore, because omission element(s) in the claim would make the claim in the instant application broader, it would have been obvious to one of ordinary skill in the art at the time of the invention that the claim in the instant application is merely an obvious variation of the claim in the patent. It is well settled that omission of an element and it function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 163 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 184 (CCPA 1969). In light of the foregoing discussion, the broad claim of the instant application is rejected as obvious double patenting over the narrower patent claim.
Instant Application
Patent 12,132,559
Claim 1: An apparatus for wireless communications at a first wireless device, comprising: one or more processors; memory coupled with the one or more processors; and instructions stored in the memory and executable by the one or more processors to cause the apparatus to: communicate, with a second wireless device via a second bandwidth while operating in an inactive session state for the second bandwidth and while operating in an active session state with the second wireless device for a first bandwidth, a plurality of beacons corresponding to a plurality of transmission sectors of the second wireless device for the second bandwidth; and communicate, with the second wireless device, information indicating a selected transmission sector for the second bandwidth based at least in part on communication of the plurality of beacons.
Claim 1: An apparatus for wireless communications at a first wireless device, comprising: a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to: communicate, with a second wireless device, one or more messages via a first session established between the first wireless device and the second wireless device via a first bandwidth, the first wireless device being in an inactive session state for a second bandwidth on which communication is supported by the second wireless device; receive, from the second wireless device via the second bandwidth while operating in the inactive session state, a plurality of beacons corresponding to a plurality of transmission sectors of the second wireless device for the second bandwidth; and transmit, to the second wireless device, information indicating a selected transmission sector for the second bandwidth based at least in part on measurement information of the plurality of beacons.
Claim 4: The apparatus of claim 3, wherein the instructions are further executable by the one or more processors to cause the apparatus to: receive a message from the second wireless device via the second bandwidth via the selected transmission sector.
Claim 2: The apparatus of claim 1, wherein the instructions are further executable by the processor to cause the apparatus to: receive a message from the second wireless device via the second bandwidth via the selected transmission sector
Claim 5: The apparatus of claim 3, wherein the instructions are further executable by the one or more processors to cause the apparatus to: determine a selected receive sector for the first wireless device for the second bandwidth from a plurality of receive sectors based at least in part on the plurality of beacons; and receive a message from the second wireless device via the second bandwidth using the selected receive sector.
Claim 3: The apparatus of claim 1, wherein the instructions are further executable by the processor to cause the apparatus to: determine a selected receive sector for the first wireless device for the second bandwidth from a plurality of receive sectors based at least in part on the plurality of beacons; and receive a message from the second wireless device via the second bandwidth using the selected receive sector.
Claim 6: The apparatus of claim 5, wherein the instructions are further executable by the one or more processors to cause the apparatus to: transmit a second message to the second wireless device via the second bandwidth using a transmission sector for the first wireless device that corresponds to the selected receive sector.
Claim 4: The apparatus of claim 3, wherein the instructions are further executable by the processor to cause the apparatus to: transmit a second message to the second wireless device via the second bandwidth using a transmission sector for the first wireless device that corresponds to the selected receive sector.
Claim 10: The apparatus of claim 1, wherein the instructions to communicate the information are executable by the one or more processors to cause the apparatus to: communicate the information via the second bandwidth.
Claim 5: The apparatus of claim 1, wherein the instructions to transmit the information are executable by the processor to cause the apparatus to: transmit the information via the second bandwidth.
Claim 11: The apparatus of claim 1, wherein the instructions to communicate the information are executable by the one or more processors to cause the apparatus to: communicate the information via the first bandwidth.
Claim 6: The apparatus of claim 1, wherein the instructions to transmit the information are executable by the processor to cause the apparatus to: transmit the information via the first bandwidth.
Claim 12: The apparatus of claim 1, wherein each beacon of the plurality of beacons includes a respective marker identifying a corresponding transmission sector.
Claim 7: The apparatus of claim 1, wherein each beacon of the plurality of beacons includes a respective marker identifying a corresponding transmission sector.
Claim 15: The apparatus of claim 13, wherein the first wireless device comprises an access point.
Claim 12: The apparatus of claim 1, wherein the second wireless device comprises an access point.
Claim 16: The apparatus of claim 1, wherein the instructions are further executable by the one or more processors to cause the apparatus to: communicate, with the second wireless device, scheduling information for the plurality of beacons, wherein communication of the plurality of beacons is based at least in part on the scheduling information.
Claim 8: The apparatus of claim 1, wherein the instructions are further executable by the processor to cause the apparatus to: receive, from the second wireless device, scheduling information for the plurality of beacons, wherein reception of the plurality of beacons is based at least in part on the scheduling information.
Claim 17: The apparatus of claim 16, wherein the scheduling information indicates a refrain from data communications for the first wireless device on the first bandwidth during a time period corresponding to the plurality of beacons.
Claim 9: The apparatus of claim 8, wherein the scheduling information indicates a refrain from data communications for the first wireless device on the first bandwidth during a time period corresponding to the plurality of beacons.
Claim 18: The apparatus of claim 1, wherein: the first bandwidth comprises a sub-6 GHz bandwidth; and the second bandwidth comprises a 60 GHz bandwidth.
Claim 10: The apparatus of claim 1, wherein the first bandwidth comprises a sub-6 GHz bandwidth.
Claim 11: The apparatus of claim 1, wherein the second bandwidth comprises a 60 GHz bandwidth.
Claim 19: A method for wireless communications at a first wireless device, comprising: communicating, with a second wireless device via a second bandwidth while operating in an inactive session state for the second bandwidth and while operating in an active session state with the second wireless device for a first bandwidth, a plurality of beacons corresponding to a plurality of transmission sectors of the second wireless device for the second bandwidth; and communicating, with the second wireless device, information indicating a selected transmission sector for the second bandwidth based at least in part on communication of the plurality of beacons.
Claim 28: A method for wireless communications at a first wireless device, comprising: communicating, with a second wireless device, one or more messages via a first session established between the first wireless device and the second wireless device via a first bandwidth, the first wireless device being in an inactive session state for a second bandwidth on which communication is supported by the second wireless device; receiving, from the second wireless device via the second bandwidth while operating in the inactive session state, a plurality of beacons corresponding to a plurality of transmission sectors of the second wireless device for the second bandwidth; and transmitting, to the second wireless device, information indicating a selected transmission sector for the second bandwidth based at least in part on measurement information of the plurality of beacons
Allowable Subject Matter
Claim 20 is allowable over prior art of record.
Claims 2, 3, 7 – 9, 13, and 14 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAISON JOSEPH whose telephone number is (571)272-6041. The examiner can normally be reached M-F 8 - 4.
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JAISON . JOSEPH
Primary Examiner
Art Unit 2633
/JAISON JOSEPH/ Primary Examiner, Art Unit 2633