DETAILED ACTION
Application filed 11/18/2024 has been examined.
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.
Obvious-type double patenting rejections are presented. A terminal disclaimer would obviate the rejection.
Specification and drawings are accepted.
IDSs have been considered. PTO-1449s are attached.
Application is 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.
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 1-20 ae rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,218,689.
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 length-adaptive encoding method for use in a communication system, the method comprising: identifying a data word length A, a length-adapted codeword length E, a primary data word length AP, a secondary data word length AS, a primary codeword length EP, and a secondary codeword length ES, wherein the data word length A and the length-adapted codeword length E are positive integers, wherein one of a first set of conditions or a second set of conditions is satisfied, wherein the first set of conditions comprise AP≥A2, AS>0, AP+AS=A, 0<EP<E, 0<ES≤E, and EP+ES>E, and the second set of conditions comprise AP=A, AS=0, EP=E, and ES=0; splitting a data word into a primary data word and a secondary data word based on the primary data word length AP and the secondary data word length AS; generating a primary codeword by encoding the primary data word based on a primary code, the primary data word length AP and the primary codeword length EP; generating a second codeword by encoding the secondary data word based on a secondary code, the secondary data word length AS and the secondary codeword length ES; generating a length-adapted codeword by combining the primary codeword and the secondary codeword based on the primary codeword length EP, the secondary codeword length ES, and the length-adapted codeword length E; and transmitting the length-adapted codeword. Whereas claim 1 of U. S. patent ‘689 teaches a length-adaptive encoding method for use in a communication system, the method comprising: receiving length-adapter input parameters and generating length-adapter output parameters, wherein the length-adapter input parameters comprise a data word length A and a length-adapted codeword length E, wherein the length-adapter output parameters comprise a primary data word length Ap, a secondary data word length As, a primary codeword length Ep and a secondary codeword length Es, wherein the data word length A and the length-adapted codeword length E are positive integers, wherein the length-adapter output parameters satisfy either a first set of the conditions or a second set of conditions, wherein the first set of conditions comprise AP≥A2, AS>0, AP+AS=A, 0<EP<E, 0<ES≤E, and EP+ES>E, and the second set of conditions comprise AP=A, AS=0, EP=E, and ES=0, wherein the first set of conditions are satisfied for a non-empty collection of the length-adapter input parameters; receiving a data word and splitting the data word in accordance with splitter parameters into a primary data word and a secondary data word, wherein the splitter parameters comprise the primary data word length A, and the secondary data word length As; encoding the primary data word in accordance with primary encoder parameters to generate a primary codeword from a primary code, wherein the primary encoder parameters comprise the primary data word length A, and the primary codeword length Ep; encoding the secondary data word in accordance with secondary encoder parameters to generate a secondary codeword from a secondary code. wherein the secondary encoder parameters comprise the secondary data word length As and the secondary codeword length Es: combining the primary codeword and the secondar% codeword in accordance with combiner parameters to generate a length-adapted codeword and transmitting the length- adapted codeword via a channel to a decoder in the communication system, wherein the combiner parameters comprise the primary codeword length Ep, the secondary codeword length Es, and the length-adapted codeword length E.
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The claims are obvious embodiments of each other and not patentably distinct as can be seen from the claims and in conjunction with Figure 5 above. In both sets of claims length adaptive encoding is performed based on input parameters. Therefore the claims are obvious embodiments are each other and not patentably distinct. A terminal disclaimer would obviate the rejection.
Conclusion
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.
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MUJTABA M. CHAUDRY
Primary Examiner
Art Unit 2112
/MUJTABA M CHAUDRY/Primary Examiner, Art Unit 2112