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 .
Specification
The disclosure is objected to because of the following informalities:
-In [0001] of the specification, please update with the patent numbers of the parent cases.
Appropriate correction is required.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,164,465, hereinafter referred to as ‘465. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application and those of ‘465 are similar in scope.
Regarding claim 1, ‘465 discloses a method implemented in a wireless transmit/receive unit (WTRU), the method comprising:
receiving, by the WTRU, a distance and an elevation angle of a non-terrestrial network device (See Claim 1); and
receiving, by the WTRU, a physical downlink control channel (PDCCH) transmission from the non-terrestrial network device during a random access response (RAR) time window that is based on the distance and the elevation angle (See Claim 1).
Regarding 2, ‘465 further discloses the method of claim 1, wherein a length of the RAR time window is based on the distance and the elevation angle (See Claim 2).
Regarding claim 3, ‘465 further discloses the method of claim 1, wherein a beginning of the RAR time window is based on a time offset, wherein the time offset is based on a minimum round trip time (RTT) between the WTRU and the non-terrestrial network device, and wherein the minimum RTT is based on the distance and the elevation angle (See Claim 3).
Regarding claim 4, ‘465 further discloses the method of claim 1, wherein the WTRU receives RAR configuration information in a system information block (SIB) (See Claim 4).
Regarding claim 5, ‘465 further discloses the method of claim 4, wherein the WTRU receives information indicating a minimum round trip time (RTT) between the WTRU and the non-terrestrial network device in the RAR configuration information (See Claim 5).
Regarding claim 6, ‘465 further discloses the method of claim 1, wherein a length of the RAR time window is based on a maximum variability of a round trip time (RTT) between the WTRU and the non-terrestrial network device (See Claim 6).
Regarding claim 7, ‘465 further discloses the method of claim 1, wherein a maximum variability of a round trip time (RTT) between the WTRU and the non-terrestrial network device is based on the distance and the elevation angle (See Claim 7).
Regarding claim 8, ‘465 further discloses the method of claim 1, wherein the non-terrestrial network device comprises a gNodeB (See Claim 8).
Regarding claim 9, ‘465 further discloses the method of claim 1, wherein the non-terrestrial network device comprises a satellite or an aircraft (See Claim 9).
Regarding claim 10, ‘465 further discloses the method of claim 1, wherein the non-terrestrial network device comprises a low earth orbit (LEO) satellite, medium earth orbit (MEO) satellite, geostationary orbit (GEO) satellite, or a high altitude platform station (HAPS) (See Claim 10).
Regarding claim 11, ‘465 discloses a wireless transmit/receive unit (WTRU) comprising:
receiver circuitry configured to receive a distance and an elevation angle of a non-terrestrial network device (See Claim 11); and
the receiver circuitry further configured to receive a physical downlink control channel (PDCCH) transmission from the non-terrestrial network device during a random access response (RAR) time window that is based on the distance and the elevation angle (See Claim 11).
Regarding claim 12, ‘465 further discloses the WTRU of claim 11, wherein a length of the RAR time window is based on the distance and the elevation angle (See Claim 12).
Regarding claim 13, ‘465 further discloses the WTRU of claim 11, wherein a beginning of the RAR time window is based on a time offset, wherein the time offset is based on a minimum round trip time (RTT) between the WTRU and the non-terrestrial network device, and wherein the minimum RTT is based on the distance and the elevation angle (See Claim 13).
Regarding claim 14, ‘465 further discloses the WTRU of claim 11, wherein the receiver circuitry is further configured to receive RAR configuration information in a system information block (SIB) (See Claim 14).
Regarding claim 15, ‘465 further discloses the WTRU of claim 14, wherein the receiver circuitry is further configured to receive information indicating a minimum round trip time (RTT) between the WTRU and the non-terrestrial network device in the RAR configuration information (See Claim 15).
Regarding claim 16, ‘465 further discloses the WTRU of claim 11, wherein a length of the RAR time window is based on a maximum variability of a round trip time (RTT) between the WTRU and the non-terrestrial network device (See Claim 16).
Regarding claim 17, ‘465 further discloses the WTRU of claim 11, wherein a maximum variability of a round trip time (RTT) between the WTRU and the non-terrestrial network device is based on the distance and the elevation angle (See Claim 17).
Regarding claim 18, ‘465 further discloses the WTRU of claim 11, wherein the non-terrestrial network device comprises a gNodeB (See Claim 18).
Regarding claim 19, ‘465 further discloses The WTRU of claim 11, wherein the non-terrestrial network device comprises a satellite or an aircraft (See Claim 19).
Regarding claim 20, ‘465 further discloses the WTRU of claim 11, wherein the non-terrestrial network device comprises a low earth orbit (LEO) satellite, medium earth orbit (MEO) satellite, geostationary orbit (GEO) satellite, or a high altitude platform station (HAPS) (See Claim 20).
Conclusion
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/ASHLEY SHIVERS/Primary Examiner, Art Unit 2477 10/6/2026
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