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 . Claims 1-20 are pending.
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 1-2, 4-9, 11-16, 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over U.S. Patent Nos. 11,438,931, 11,653,393, and 18/197554. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are merely a slightly broader version of the ‘931 and ‘393 claims, as well as the counter-part device (wireless device vs. base station) of the ‘180 claims. Due to the close reciprocal relationship of the claimed steps, the instant claims are considered an obvious variant of the ‘180 claimed base station.
Instant Claim 1
‘180 Claim 1
‘931 Claim 1
‘393 Claim 1
A method comprising: receiving, by a wireless device from a base station, one or more radio resource control (RRC) messages indicating two-step random access resources of a two-step random access type; and
A method comprising: (RRC) messages indicating two-step random access resources of a two-step random access type; and
A method comprising: receiving, by a wireless device from a base station, one or more radio resource control (RRC) messages indicating random access resources, the random access resources comprising: two-step random access resources, of a two-step random access type, of an uplink bandwidth part (UL BWP);
A method comprising: receiving, by a wireless device from a base station, one or more radio resource control (RRC) messages indicating random access resources, the random access resources comprising two-step random access resources, of a two-step random access type, of an uplink bandwidth part (UL BWP);
transmitting, while the two-step random access type and a four-step random access type are available for receiving a preamble
receiving, while the two-step random access type and a four-step random access type are available for receiving a preamble
…determining, while the two-step random access type and the four-step random access type are available for transmitting a preamble…
determining, while the two-step random access type and a four-step random access type are available for transmitting a preamble,…
a random access procedure and based on the two-step random access resources comprising contention-free two-step random access resources,
and based on the two-step random access resources comprising contention-free two-step random access resources,
… selecting, based on the determining that the two-step random access resources comprise the contention-free two-step random access resources, the two-step random access type…
… selecting, based on the determining that the two-step random access resources comprise the contention-free two-step random access resources, the two-step random access type…
a preamble via the contention-free two-step random access resources.
a preamble via the contention- free two-step random access resources.
…transmitting, based on the two-step random access type, the preamble using the contention- free two-step random access resources.
… transmitting, based on the two-step random access type, the preamble using the contention- free two-step random access resources.
RE Claim 2, See ‘180 Claim 2, ‘931 Claim 1 and ‘393 Claim 1.
RE Claim 3, See ‘931 Claim 1 and ‘393 Claim 1.
RE Claim 4, See ‘180 Claim 3.
RE Claim 5, See ‘180 Claim 4, ‘931 Claim 7 and ‘393 Claim 7.
RE Claim 6, See ‘180 Claim 5, ‘931 Claim 8 and ‘393 Claim 8.
RE Claim 7, See ‘180 Claim 6, ‘931 Claim 9 and ‘393 Claim 9.
RE Claim 8, See ‘180 Claim 8, ‘931 Claim 1 and ‘393 Claim 1.
RE Claim 9, See ‘180 Claim 9, ‘931 Claim 1 and ‘393 Claim 1.
RE Claim 10, See ‘931 Claim 1 and ‘393 Claim 1.
RE Claim 11, See ‘180 Claim 10.
RE Claim 12, See ‘180 Claim 11, ‘931 Claim 7 and ‘393 Claim 7.
RE Claim 13, See ‘180 Claim 12, ‘931 Claim 8 and ‘393 Claim 8.
RE Claim 14, See ‘180 Claim 13, ‘931 Claim 9 and ‘393 Claim 9.
RE Claim 15, See ‘180 Claim 15, ‘931 Claim 1 and ‘393 Claim 1.
RE Claim 16, See ‘180 Claim 16, ‘931 Claim 1 and ‘393 Claim 1.
RE Claim 17, See ‘931 Claim 1 and ‘393 Claim 1.
RE Claim 18, See ‘180 Claim 17.
RE Claim 19, See ‘180 Claim 18, ‘931 Claim 7 and ‘393 Claim 7.
RE Claim 20, See ‘180 Claim 19, ‘931 Claim 8 and ‘393 Claim 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dahlman et al. (US# 2020/0367288 – which teaches of selecting preamble based on criterion (e.g. contention based vs. contention free)), Kim (US# 2021/0120581 – which teaches of switching to 2-step RA procedure when CFRA was configured).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steve R Young whose telephone number is (571)270-7518. The examiner can normally be reached M-F 9am-5pm.
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/STEVE R YOUNG/Primary Examiner, Art Unit 2477
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