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 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. 12,185,258.
For claims 1, 9, and 17; U.S. Patent No. 12,185,258 discloses: performing, by a wireless device and using a first timing advance, a first uplink transmission via one or more secondary cells associated with a first cell group; based on a transmission timing difference between the first cell group and a second cell group exceeding a threshold, determining that a time alignment timer, associated with the one or more secondary cells, is expired; and after the determining that the time alignment timer is expired, performing, using a second timing advance, a second uplink transmission via the one or more secondary cells (claim 1: performing, by a wireless device and using a first timing advance, a first uplink transmission via one or more secondary cells associated with a first cell group; based on a transmission timing difference between the first cell group and a second cell group exceeding a threshold, stopping uplink transmission via the one or more secondary cells; and after the stopping uplink transmission via the one or more secondary cells, performing, using a second timing advance, a second uplink transmission via the one or more secondary cells) (claim 3: based on the transmission timing difference exceeding the threshold, determining that a time alignment timer is expired).
Claims 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. 11,825,419.
For claims 1, 9, and 17; U.S. Patent No. 11,825,419 discloses: performing, by a wireless device and using a first timing advance, a first uplink transmission via one or more secondary cells associated with a first cell group; based on a transmission timing difference between the first cell group and a second cell group exceeding a threshold, determining that a time alignment timer, associated with the one or more secondary cells, is expired; and after the determining that the time alignment timer is expired, performing, using a second timing advance, a second uplink transmission via the one or more secondary cells (claim 1: performing, by a wireless device and using a first timing advance, a first uplink transmission via one or more secondary cells associated with a first cell group; based on a transmission timing difference between the first cell group and a second cell group exceeding a threshold, stopping uplink transmission via the one or more secondary cells; and after the stopping uplink transmission via the one or more secondary cells, performing, using a second timing advance, a second uplink transmission via the one or more secondary cells) (claim 3: based on the transmission timing difference exceeding the threshold, determining that a time alignment timer is expired).
Claims 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5 of U.S. Patent No. 11,277,241.
For claims 1, 9, and 17; U.S. Patent No. 11,277,241 discloses: performing, by a wireless device and using a first timing advance, a first uplink transmission via one or more secondary cells associated with a first cell group; based on a transmission timing difference between the first cell group and a second cell group exceeding a threshold, determining that a time alignment timer, associated with the one or more secondary cells, is expired; and after the determining that the time alignment timer is expired, performing, using a second timing advance, a second uplink transmission via the one or more secondary cells (claim 1: performing, by a wireless device, uplink transmission via one or more secondary cells associated with a first cell group; determining a timing adjustment for at least one of the first cell group or a second cell group; and based on a determination that a transmission timing difference between the first cell group and the second cell group exceeds a threshold) (claim 5: determining, based on the transmission timing difference exceeding the threshold, that a time alignment timer associated with the second cell group has expired).
Claims 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 8 of U.S. Patent No. 10,523,389.
For claims 1, 9, and 17; U.S. Patent No. 10,523,389 discloses: performing, by a wireless device and using a first timing advance, a first uplink transmission via one or more secondary cells associated with a first cell group; based on a transmission timing difference between the first cell group and a second cell group exceeding a threshold, determining that a time alignment timer, associated with the one or more secondary cells, is expired; and after the determining that the time alignment timer is expired, performing, using a second timing advance, a second uplink transmission via the one or more secondary cells (claim 1: uplink transmission timing associated with the first cell group is based on a first cell of the first cell group; and uplink transmission timing associated with the second cell group is based on a second cell of the second cell group; transmitting, by the wireless device via one or more secondary cells of the plurality of cells, uplink signals; determining a timing adjustment for at least one cell group of the plurality of cell groups; determining a transmission timing difference between the first cell group and the second cell group; based on the transmission timing difference not exceeding a threshold) (claim 8: determining that a time alignment timer associated with the second cell group has expired, based on the transmission timing difference exceeding the threshold).
Claims 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3 of U.S. Patent No. 9,763,203.
For claims 1, 9, and 17; U.S. Patent No. 9,763,203 discloses: performing, by a wireless device and using a first timing advance, a first uplink transmission via one or more secondary cells associated with a first cell group; based on a transmission timing difference between the first cell group and a second cell group exceeding a threshold, determining that a time alignment timer, associated with the one or more secondary cells, is expired; and after the determining that the time alignment timer is expired, performing, using a second timing advance, a second uplink transmission via the one or more secondary cells (claim 1: uplink transmission timing associated with the first cell group is based on a first cell of the first cell group; and uplink transmission timing associated with the second cell group is based on a second cell of the second cell group; receive a timing advance command comprising a timing adjustment value and a cell group index; apply the timing advance command to a cell group corresponding to the cell group index; determine a transmission timing difference between the first cell group and the second cell group; and stop transmitting via one or more secondary cells, in response to the transmission timing difference exceeding a threshold) (claim 3: in response to the transmission timing difference exceeding the threshold, a time alignment timer associated with the second cell group is determined to have expired).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen et al. (US 2012/0250520); Chen discloses TA group associated with cell groups.
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/JOHN D BLANTON/Primary Examiner, Art Unit 2466
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