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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/4/24, 12/9/25 and 9/11/26 are being considered by the examiner.
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 and 21-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4-10 of U.S. Patent No. 12,137,483. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application independent claims appear as broader versions of the independent claims from the Patent and the claim limitations recited in the present application are impliedly disclosed in the Patent with minor, but obvious claim nomenclature disparity. Please see the direct claim comparison below.
Claim 1 of the current application:
A method of random access comprising:
transmitting, by a wireless communication device, a first message including a preamble and a payload to a network; and
receiving, by the wireless communication device from the network, a second message in response to the first message,
wherein the wireless communication device is configured with a first maximum number and a second maximum number corresponding to a counter, wherein the first maximum number
specifies a maximum number of allowable transmission times for the first message when transmitted in a 2-step random access procedure (RACH), and the second maximum number specifies a maximum number of total allowable transmission times for the first message when transmitted in a 2-step RACH or for another first message when transmitted in a 4-step RACH,
wherein the method further comprises:
operating by the wireless communication device, a counter, increasing, by the wireless communication device, the counter by 1 for each 2- step RACH attempt to transmit the first message, and
performing, by the wireless communication device, another 2-step RACH attempt if the counter is less than or equal to the first maximum number, or
performing, by the wireless communication device, a 4-step RACH attempt if the counter is greater than or equal to the first maximum number + 1.
Claim 1 of the Patent
A method of random access comprising: transmitting, by a wireless communication device, a first message including a preamble and a data payload to a network; and
receiving, by the wireless communication device from the network, a second message in response to the first message, wherein the second message is a MAC PDU that includes one or more MAC subPDUs, at least one MAC subPDU of the one or more MAC subPDUs including first MAC subheader and SuccessRAR, and wherein the SuccessRAR has a fixed size and comprises: a contention resolution identifier, a timing advance command (TAC), a cell radio network temporary identifier (C-RNTI), a reserved bit, and a configuration of an acknowledgement resource for transmission of an acknowledgment of receiving the second message.
Claim 4 of the Patent:
implementing, by the wireless communication device, a counter, the wireless communication device configured with a first maximum number and a second maximum number, wherein the first maximum number specifies a maximum number of allowable transmission times for the first message when transmitted in a 2-step random access procedure (RACH), and the second maximum number specifies a maximum number of total allowable transmission times for the first message when transmitted in a 2-step RACH or for another first message when transmitted in a 4-step RACH.
Claim 5 of the Patent:
increasing the counter by 1 for each 2-step RACH attempt to transmit the first message; and performing another 2-step RACH attempt if the counter is less than or equal to the first maximum number; or performing a 4-step RACH attempt if the counter is greater than or equal to the first maximum number+1.
Claim 26 of the current application:
A wireless communication device comprising:
at least one processor; and
a memory storing executable instructions, the executable instructions when executed by
the at least one processor cause the at least one processor to:
transmit, by a transmitter, a first message including a preamble and a payload to a
network; and
receive, by a receiver from the network, a second message in response to the first
message,
wherein the wireless communication device is configured with a first maximum
number and a second maximum number corresponding to a counter, wherein the first maximum number specifies a maximum number of allowable transmission times for the first message when transmitted in a 2-step random access procedure (RACH), and the second maximum number specifies a maximum number of total allowable transmission times for the first message when
transmitted in a 2-step RACH or for another first message when transmitted in a 4-step RACH,
wherein the at least one processor is further caused to:
operate a counter,
increase the counter by 1 for each 2-step RACH attempt to transmit the first
message, and perform another 2-step RACH attempt if the counter is less than or equal to the first maximum number, or
perform a 4-step RACH attempt if the counter is greater than or equal to the first
maximum number + 1.
Claim 1 of the Patent
A method of random access comprising:
transmitting, by a wireless communication device, a first message including a preamble and a data payload to a network; and
receiving, by the wireless communication device from the network, a second message in response to the first message, wherein the second message is a MAC PDU that includes one or more MAC subPDUs, at least one MAC subPDU of the one or more MAC subPDUs including first MAC subheader and SuccessRAR, and wherein the SuccessRAR has a fixed size and comprises: a contention resolution identifier, a timing advance command (TAC), a cell radio network temporary identifier (C-RNTI), a reserved bit, and a configuration of an acknowledgement resource for transmission of an acknowledgment of receiving the second message.
Claim 4 of the Patent:
implementing, by the wireless communication device, a counter, the wireless communication device configured with a first maximum number and a second maximum number, wherein the first maximum number specifies a maximum number of allowable transmission times for the first message when transmitted in a 2-step random access procedure (RACH), and the second maximum number specifies a maximum number of total allowable transmission times for the first message when transmitted in a 2-step RACH or for another first message when transmitted in a 4-step RACH.
Claim 5 of the Patent:
increasing the counter by 1 for each 2-step RACH attempt to transmit the first message; and performing another 2-step RACH attempt if the counter is less than or equal to the first maximum number; or performing a 4-step RACH attempt if the counter is greater than or equal to the first maximum number+1.
Claim 32 of the current application:
A method of random access comprising
receiving, by a network from a wireless communication device, a first message including a preamble and a payload; and
transmitting, by the network to the wireless communication device, a second message in response to the first message,
wherein the wireless communication device is configured with a first maximum number and a second maximum number corresponding to a counter, wherein the first maximum number specifies a maximum number of allowable transmission times for the first message when transmitted in a 2-step random access procedure (RACH), and the second maximum number specifies a maximum number of total allowable transmission times for the first message when transmitted in a 2-step RACH or for another first message when transmitted in a 4-step RACH,
wherein the wireless communication device operates a counter, increases the counter by 1 for each 2-step RACH attempt to transmit the first message, performs another 2-step RACH attempt if the counter is less than or equal to the first maximum number, or performs a 4-step RACH attempt if the counter is greater than or equal to the first maximum number +1.
Claim 1 of the Patent
A method of random access comprising: transmitting, by a wireless communication device, a first message including a preamble and a data payload to a network; and
receiving, by the wireless communication device from the network, a second message in response to the first message, wherein the second message is a MAC PDU that includes one or more MAC subPDUs, at least one MAC subPDU of the one or more MAC subPDUs including first MAC subheader and SuccessRAR, and wherein the SuccessRAR has a fixed size and comprises: a contention resolution identifier, a timing advance command (TAC), a cell radio network temporary identifier (C-RNTI), a reserved bit, and a configuration of an acknowledgement resource for transmission of an acknowledgment of receiving the second message.
Claim 4 of the Patent:
implementing, by the wireless communication device, a counter, the wireless communication device configured with a first maximum number and a second maximum number, wherein the first maximum number specifies a maximum number of allowable transmission times for the first message when transmitted in a 2-step random access procedure (RACH), and the second maximum number specifies a maximum number of total allowable transmission times for the first message when transmitted in a 2-step RACH or for another first message when transmitted in a 4-step RACH.
Claim 5 of the Patent:
increasing the counter by 1 for each 2-step RACH attempt to transmit the first message; and performing another 2-step RACH attempt if the counter is less than or equal to the first maximum number; or performing a 4-step RACH attempt if the counter is greater than or equal to the first maximum number+1.
Claim 38 of the current application:
A network comprising:
at least one processor; and
a memory storing executable instructions, the executable instructions when executed by
the at least one processor cause the at least one processor to:
receive, by a receiver, a first message including a preamble and a payload from a wireless communication device; and
transmit, by a transmitter to the wireless communication device, a second
message in response to the first message,
wherein the wireless communication device is configured with a first maximum
number and a second maximum number corresponding to a counter, wherein the first maximum
number specifies a maximum number of allowable transmission times for the first message when transmitted in a 2-step random access procedure (RACH), and the second maximum number
specifies a maximum number of total allowable transmission times for the first message when transmitted in a 2-step RACH or for another first message when transmitted in a 4-step RACH,
wherein the wireless communication device operates a counter, increases the
counter by 1 for each 2-step RACH attempt to transmit the first message, performs another 2-
step RACH attempt if the counter is less than or equal to the first maximum number, or performs
a 4-step RACH attempt if the counter is greater than or equal to the first maximum number + 1.
Claim 1 of the Patent
A method of random access comprising:
transmitting, by a wireless communication device, a first message including a preamble and a data payload to a network; and
receiving, by the wireless communication device from the network, a second message in response to the first message, wherein the second message is a MAC PDU that includes one or more MAC subPDUs, at least one MAC subPDU of the one or more MAC subPDUs including first MAC subheader and SuccessRAR, and wherein the SuccessRAR has a fixed size and comprises: a contention resolution identifier, a timing advance command (TAC), a cell radio network temporary identifier (C-RNTI), a reserved bit, and a configuration of an acknowledgement resource for transmission of an acknowledgment of receiving the second message.
Claim 4 of the Patent:
implementing, by the wireless communication device, a counter, the wireless communication device configured with a first maximum number and a second maximum number, wherein the first maximum number specifies a maximum number of allowable transmission times for the first message when transmitted in a 2-step random access procedure (RACH), and the second maximum number specifies a maximum number of total allowable transmission times for the first message when transmitted in a 2-step RACH or for another first message when transmitted in a 4-step RACH.
Claim 5 of the Patent:
increasing the counter by 1 for each 2-step RACH attempt to transmit the first message; and performing another 2-step RACH attempt if the counter is less than or equal to the first maximum number; or performing a 4-step RACH attempt if the counter is greater than or equal to the first maximum number+1.
Claims 21-25, 27-31, 33-37 and 39 of the current application are similar to claims 4-10 of the Patent.
The claims in the current application use alternative language constructions when compared to the claims in the Patent, but the teachings of the claims in the present application is the same as the claims in the Patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN YE LEE whose telephone number is (571)272-5258. The examiner can normally be reached 9:30-8:00.
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/JUSTIN Y LEE/Primary Examiner, Art Unit 2644 10/8/26
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