DETAILED ACTION
Applicants’ response filed 4/24/2026 has been considered.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-9 are pending.
Prior art rejections are withdrawn in view of amendments and remarks.
New grounds of rejections are presented based on the amendments.
Application is pending.
Response to Arguments
Applicants’ arguments with respect to claims 1-9 have been considered but are moot because the new ground of rejection is presented.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12,170,530.
Although the claims at issue are not identical, they are not patentably distinct from each other. For example, claim 1 of the present application teaches a method for decoding polar codes based encoded data, the method comprising: receiving the polar codes based encoded data; determining a rate at which the data is encoded; based on the determined rate, selecting suitable implemented super nodes in a flexible-rate polar decoder based on a unified binary tree associated with binary trees corresponding to different overheads, the unified binary tree comprising super locations and super nodes, the super locations corresponding to locations having a same node index among different binary trees, and the super nodes being node types at the super locations; and decoding the polar codes based encoded data. Whereas claim 1 of U.S. patent ‘530 teaches a method for creating a flexible-rate polar decoder for a communication system, the method comprising: receiving polar codes corresponding to a set of desired overheads; for each overhead of the set of desired overheads, generating a binary tree using fast successive cancellation decoding; generating a unified binary tree from the binary trees associated with the set of overheads, the generating of the unified binary tree comprising: within each binary tree, determining locations of super nodes; representing the determined locations having same node index among different binary trees as super locations in the unified binary tree, in which each super location includes more than one super node; and; implementing the unified binary tree on an application specific hardware structure to create the flexible-rate polar decoder. The claims are now obvious variations of each other and obvious embodiments of each other. Both claims are directed towards flexible-rate polar decoding wherein suitable super nodes are selected based on unified binary tree associated with binary trees corresponding to different overheads. Therefore the claims are obvious variations of each other and not patentably distinct. A terminal disclaimer would obviate the rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUJTABA M CHAUDRY whose telephone number is (571)272-3817. The examiner can normally be reached Monday-Friday 9am-5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Albert DeCady can be reached at 571-272-3819. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUJTABA M. CHAUDRY
Primary Examiner
Art Unit 2112
/MUJTABA M CHAUDRY/Primary Examiner, Art Unit 2112
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