DETAILED ACTION
Claims 1-18 have been examined.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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).
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Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-12, and 16-21 of U.S. Patent No. 9,204,468. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application 18941282
Patent 9,204,468
1. A method, implemented by a user terminal in a wireless communications system, the method comprising: transmitting, to a controlling node, using a first timing advance value; and in response to losing a contention based procedure to another terminal that uses a second timing advance value for subsequent communication with the controlling node, continuing to use the first timing advance value for transmission.
1. A method for use in a user terminal in a cellular communications system, according to which method the user terminal applies a first timing advance value to its transmissions to a controlling node, and according to which method the user terminal requests communication with the controlling node in a contention based procedure by transmitting an access request to the controlling node while applying the first timing advance value, and in response to the access request, the user terminal receives from the controlling node an initiation message along with a second timing advance value, different from the first timing advance value, and wherein the method further includes the user terminal continuing to apply the first timing advance value after receipt of the initiation message with the second timing advance value in response to the user terminal losing the contention based procedure.
2. The method of claim 1, further comprising: transmitting an access request as part of the contention based procedure with the controlling node; receiving, from the controlling node in response to the access request, an initiation message along with the second timing advance value.
1. A method for use in a user terminal in a cellular communications system, according to which method the user terminal applies a first timing advance value to its transmissions to a controlling node, and according to which method the user terminal requests communication with the controlling node in a contention based procedure by transmitting an access request to the controlling node while applying the first timing advance value, and in response to the access request, the user terminal receives from the controlling node an initiation message along with a second timing advance value, different from the first timing advance value, and wherein the method further includes the user terminal continuing to apply the first timing advance value after receipt of the initiation message with the second timing advance value in response to the user terminal losing the contention based procedure.
3. The method of claim 2, wherein using the first timing advance value is responsive to determining that the first timing advance value is valid.
5. The method of any of claim 1, according to which the user terminal uses the first timing advance value if the first timing advance value is considered valid by the user terminal.
4. The method of claim 3, further comprising: starting a first timer associated with the first timing advance value upon reception of a predefined message from the controlling node; starting a second timer associated with the second timing advance value upon reception of the initiation message from the controlling node; wherein determining that the first timing advance value is valid comprises determining that the first timer has not expired.
6. The method of claim 5, according to which a given timing advance value in a user terminal is associated with a timer and is considered valid for the duration of said timer, the timer being started upon reception of a predefined message from the controlling node, so that each of the first and second timing advance values are associated with respective first and second timers that are started upon reception of respective messages.
7. The method of claim 6, according to which the user terminal lets the first timer associated with the first timing advance value continue running after receipt of the respective message that starts the second timer, and according to which method the user terminal uses the timer value associated with one of the first and second timing advance values based on whether the user terminal wins or loses the contention based procedure.
5. The method of claim 4, further comprising allowing the first timer associated with the first timing advance value to run concurrently with the second timer after receipt of the initiation message.
7. The method of claim 6, according to which the user terminal lets the first timer associated with the first timing advance value continue running after receipt of the respective message that starts the second timer, and according to which method the user terminal uses the timer value associated with one of the first and second timing advance values based on whether the user terminal wins or loses the contention based procedure.
6. The method of claim 4, further comprising: saving a value of the first timer associated with the first timing advance value upon reception of the second timing advance value; and responsive to the controlling node participating in the subsequent communication with the other terminal, summing the saved value and a current value of the second timer and using the sum as a timing advance validity timer for further communication.
8. The method of claim 6, according to which the user terminal saves the value of the timer associated with the first timing advance value upon reception of the second timing advance value, and if the controlling node subsequently continues the communication with another user terminal, the user terminal uses a timer value which is the sum of the saved value and the current value of the timer of the second timing advance value.
7. The method of claim 1, wherein the user terminal is a Long Term Evolution (LTE) User Equipment and the controlling node is an LTE eNodeB.
9. The method of claim 1, wherein the user terminal is a Long-Term Evolution (LTE) UE and the controlling node is an LTE eNodeB.
8. The method of claim 7, wherein the contention based procedure enables LTE Random Access.
11. The method of claim 9, wherein the method is used in an LTE Random Access procedure.
9. The method of claim 1, further comprising using the first timing advance value for further communication, regardless of having received the second timing advance value, responsive to determining that the first timing advance value is valid.
10. The method of claim 1, according to which, the user terminal which has a first timing advance value that is valid and uses this first timing advance value regardless of receipt of a second timing advance value.
10. A transceiver for use in a user terminal of a cellular communications system, the transceiver comprising: one or more control circuits configured to: transmit, to a controlling node, using a first timing advance value; in response to losing a contention based procedure to another terminal that uses a second timing advance value for subsequent communication with the controlling node, continuing to use the first timing advance value for transmission.
12. A transceiver for use as a user terminal in a cellular communications system, the transceiver comprising one or more control circuits configured to: apply a first timing advance value to its transmissions to a controlling node; request communication with the controlling node in a contention based procedure by transmitting an access request to the controlling node while the control circuits apply the first timing advance value; receive, in response to the access request, an initiation message from the controlling node along with a second timing advance value different from the first timing advance value; and to continue to apply the first timing advance value after receipt of the initiation message with the second timing advance value in response to the user terminal losing the contention based procedure.
11. The transceiver of claim 10, wherein the one or more control circuits are further configured to: transmit an access request as part of the contention based procedure with the controlling node; receive, from the controlling node in response to the access request, an initiation message along with the second timing advance value.
12. A transceiver for use as a user terminal in a cellular communications system, the transceiver comprising one or more control circuits configured to: apply a first timing advance value to its transmissions to a controlling node; request communication with the controlling node in a contention based procedure by transmitting an access request to the controlling node while the control circuits apply the first timing advance value; receive, in response to the access request, an initiation message from the controlling node along with a second timing advance value different from the first timing advance value; and to continue to apply the first timing advance value after receipt of the initiation message with the second timing advance value in response to the user terminal losing the contention based procedure.
12. The transceiver of claim 11, wherein to use the first timing advance value, the one or more control circuits are configured to apply the first timing advance value responsive to determining that the first timing advance value is valid.
16. The transceiver of claim 12, wherein the one or more control circuits are configured to check if the first timing advance value is considered valid, and in that case, to apply the first timing advance value.
13. The transceiver of claim 12, wherein the one or more control circuits are further configured to: start a first timer associated with the first timing advance value upon reception of a predefined message from the controlling node; start a second timer associated with the second timing advance value upon reception of the initiation message from the controlling node; wherein to determine that the first timing advance value is valid, the one or more control circuits are configured to determine that the first timer has not expired.
17. The transceiver of claim 16, wherein the one or more control circuits are configured to associate a given timing advance value with a timer and to consider the given timing advance value valid for the duration of said timer, and are further configured to start the timer upon reception of a predefined message from the controlling node, so that each of the first and second timing advance values are associated with respective first and second timers that are started upon reception of respective messages.
18. The transceiver of claim 17, wherein the one or more control circuits are configured to let the first timer associated with the first timing advance value continue running after receipt of the respective message that starts the second timer, and to use the timer value associated with one of the first and second timing advance values based on whether the user terminal wins or loses the contention based procedure.
14. The transceiver of claim 13, wherein the one or more control circuits are further configured to allow the first timer associated with the first timing advance value to run concurrently with the second timer after receipt of the initiation message.
18. The transceiver of claim 17, wherein the one or more control circuits are configured to let the first timer associated with the first timing advance value continue running after receipt of the respective message that starts the second timer, and to use the timer value associated with one of the first and second timing advance values based on whether the user terminal wins or loses the contention based procedure.
15. The transceiver of claim 13, wherein the one or more control circuits are further configured to: save a value of the first timer associated with the first timing advance value upon reception of the second timing advance value; and responsive to the controlling node participating in the subsequent communication with the other terminal, sum the saved value and a current value of the second timer and use the sum as a timing advance validity timer for further communication.
19. The transceiver of claim 17, wherein the one or more control circuits are configured to save the value of the timer associated with the first timing advance value upon reception of the second timing advance value, and use a timer value which is the sum of the saved value and the current value of the timer of the second timing advance value, if the controlling node subsequently continues the communication with another user terminal.
16. The transceiver of claim 10, wherein the transceiver is comprised in a Long Term Evolution (LTE) User Equipment.
20. The transceiver of claim 12, wherein the transceiver is a Long-Term Evolution (LTE) UE.
17. The transceiver of claim 16, wherein the contention based procedure enables LTE Random Access.
20. The transceiver of claim 12, wherein the transceiver is a Long-Term Evolution (LTE) UE.
18. The transceiver of claim 10, wherein the one or more control circuits are configured to use the first timing advance value-regardless of receipt of a second timing advance value, responsive to determining that the first timing advance value is valid.
21. The transceiver of claim 12, wherein the one or more control circuits are configured to use the first timing advance value, if the first timing advance value is valid, regardless of receipt of a second timing advance value.
As shown above the subject matter of the limitations of claims 1-18 of application 18/941,282 is taught by claims 1, 5-7, and 16-21 of Patent 9,204,468. Applicant must file a terminal disclaimer to overcome the non-statutory double patenting rejection. Application 18/941,282 can also be similarly rejected under non-statutory double patenting using patents 9468023, 10257793, and 10736060. Applicant must include these patents in any terminal disclaimer filed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAIYAZKHAN GHAFOERKHAN whose telephone number is (571)270-7161. The examiner can normally be reached Flex.
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FAIYAZKHAN GHAFOERKHAN
Primary Examiner
Art Unit 2476
/FAIYAZKHAN GHAFOERKHAN/Primary Examiner, Art Unit 2476
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