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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/965,388, filed on 01/29/2018.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/24/2025 and 12/23/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites, “an processor circuit…”, it should be “a processor circuit…”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-30,34-35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites, “wherein each of the second….comprise an upper layer protocol data unit,” it is unclear if this “an upper layer protocol data unit” is the same as previously mentioned in lines 12-13.
Claim 10 recites, “…an audio/visual alert of the device…of the message type…” examiner suggests to amendment to “…an audio/visual alert if the device. There is insufficient antecedent basis for “the message type…” limitation in the claim.
Claims 2-9,11 are rejected because they depend on the rejected base claim 1. Therefore, are rejected for the same rationale as claim 1.
Claim 12 recites, “wherein each of the second….comprise an upper layer protocol data unit,” it is unclear if this “an upper layer protocol data unit” is the same as previously mentioned in lines 16-17.
Claims 13-19 are rejected because they depend on the rejected base claim 12. Therefore, are rejected for the same rationale as claim 12.
Claim 20 recites, “…wherein the processor circuit…the first relay device…”. There is insufficient antecedent basis for “the first relay device …” limitation in the claim.
Claim 21 is rejected because they depend on the rejected base claim 20. Therefore, are rejected for the same rationale as claim 20.
Claim 22 recites, “…wherein the processor…from a device…” it is unclear if “a device…” is the same as “a device” mentioned in line 3.
Claim 25, recites, “…an acknowledgements detection criterion”. It is unclear if “an acknowledgment detection criterion” or “an acknowledgements detection criterion”?
Claim 26 recites, “…the acknowledgments…” There is insufficient antecedent basis for ““…the acknowledgments…” limitation in the claim.
Claim 27 recites, “…the acknowledgments…” There is insufficient antecedent basis for “…the acknowledgments…” limitation in the claim.
Claims 23-24 are rejected because they depend on the rejected base claim 22. Therefore, are rejected for the same rationale as claim 22.
Claim 28 recites, “wherein each of the second….comprise an upper layer protocol data unit,” it is unclear if this “an upper layer protocol data unit” is the same as previously mentioned in lines 6-77.
Claim 29 is rejected because they depend on the rejected base claim 28. Therefore, are rejected for the same rationale as claim 28.
Claim 30 recites, “…first relay devices…” it is unclear if first relay devices is the same as “a first relay device” mentioned in claim 28? Claim 30 further recites, “the device…” There is insufficient antecedent basis for “the device…” limitation in the claim.
Claim 34 recites, “…the firt relay device…” There is insufficient antecedent basis for “the first relay device…” limitation in the claim.
Claim 35 is rejected because they depend on the rejected base claim 34. Therefore, are rejected for the same rationale as claim 34.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 30,33,36 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 31,34,36 are computer program stored on non-transitory medium perform method of claims 28,33,34, respectively. Claims 31,34,36 are depended on 28,33,34 which are method of claims not computer program stored on non-transitory medium. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-33 of U.S. Patent No. 12,225,805; claim 1-24 of U.S. Patent No. 11,716,387.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the cited patent anticipate the claims of the instant application.
Instant Claim 1. A device comprising: a radio, wherein the radio is arranged to communicate using a layer 2 header and a payload; and an processor circuit, wherein the processor circuit is arranged to configure the device to operate in a first mode, and a second mode, wherein the processor circuit is arranged to transmit a first plurality of messages via the radio to a first relay device in the first mode, wherein each of the first plurality of messages comprise an IP packet header and an upper layer protocol data unit, wherein the upper layer protocol data unit is encapsulated within the payload, wherein the processor circuit is arranged to transition from the first mode to the second mode, wherein the processor circuit is arranged to transmit a second plurality of messages and a packet header information message via the radio to the first relay device in the second mode, wherein each of the second plurality of messages comprise an upper layer protocol data unit, wherein the upper layer protocol data unit is encapsulated within the payload, wherein the packet header information message comprises an address of the device, wherein the processor circuit is arranged to construct an address of a host device using the address of the device, wherein the processor circuit is arranged to construct a destination address using the address of the host device.
Conflicting Claim 1 of cited patent 12,225,085: A wireless device comprising: a radio, wherein the radio is arranged to communicate via a wireless communication protocol, wherein the wireless communication protocol uses messages constructed as at least one layer 2 frame, wherein each of the at least one layer 2 frame comprises a layer 2 header and a payload; and an electronic chip, wherein the electronic chip is arranged to configure the wireless device to operate in a first mode in which the wireless device transmits a first plurality of messages via the radio to a relay device, wherein each of the first plurality of messages comprise an IP packet header and an upper layer protocol data unit, wherein the upper layer protocol data unit is encapsulated within the payload, wherein the electronic chip is arranged to operate in a second mode in which the wireless device transmits a second plurality of messages via the radio to the relay device, wherein each of the second plurality of messages comprise an upper layer protocol data unit encapsulated within the payload; and wherein the electronic chip is arranged to transition from the first mode to the second mode, wherein the electronic chip is arranged in operate in a second mode in which the wireless device transmits a packet header information message via the radio to the relay device, wherein the packet header information message comprises at least an address of the wireless device, wherein the address is used to construct an IP source address or an address of a host device, wherein the address of the host device is used to construct an IP destination address.
Instant claim 2 corresponds to conflicting claim 2.
Instant claim 3 corresponds to conflicting claim 3.
Instant claim 4 corresponds to conflicting claim 4.
Instant claim 5 corresponds to conflicting claim 5.
Instant claim 6 corresponds to conflicting claim 6.
Instant claim 7 corresponds to conflicting claim 7.
Instant claim 8 corresponds to conflicting claim 8.
Instant claim 9 corresponds to conflicting claim 25.
Instant claim 10 corresponds to conflicting claim 26.
Instant claim 11 corresponds to conflicting claim 27.
Instant claim 12 corresponds to conflicting claim 9.
Instant claim 13 corresponds to conflicting claim 10.
Instant claim 14 corresponds to conflicting claim 11.
Instant claim 15 corresponds to conflicting claim 12.
Instant claim 16 corresponds to conflicting claim 13.
Instant claim 17 corresponds to conflicting claim 14.
Instant claim 18 corresponds to conflicting claim 15.
Instant claim 19 corresponds to conflicting claim 16.
Instant claim 20 corresponds to conflicting claim 17.
Instant claim 21 corresponds to conflicting claim 18.
Instant claim 22 corresponds to conflicting claim 19.
Instant claim 23 corresponds to conflicting claim 20.
Instant claim 24 corresponds to conflicting claim 21.
Instant claim 25 corresponds to conflicting claim 22.
Instant claim 26 corresponds to conflicting claim 23.
Instant claim 27 corresponds to conflicting claim 24.
Instant claim 28 corresponds to conflicting claim 28.
Instant claim 29 corresponds to conflicting claim 29.
Instant claim 30 corresponds to conflicting claim 30.
Instant claim 31 corresponds to conflicting claim 28.
Instant claim 32 corresponds to conflicting claim 31.
Instant claim 33 corresponds to conflicting claim 31.
Instant claim 34 corresponds to conflicting claim 32.
Instant claim 35 corresponds to conflicting claim 33.
Instant claim 36 corresponds to conflicting claim 32.
Conflicting Claim 1 of cited patent 11,716,387: A wireless device comprising: a radio, wherein the radio is arranged to communicate via a wireless communication protocol, wherein the wireless communication protocol uses messages constructed as at least one layer 2 MAC frame, wherein each of the at least one layer 2 MAC frame comprises a layer 2 MAC header and a payload; and an electronic chip, wherein the electronic chip is arranged to configure the wireless device to operate in a first mode in which the wireless device transmits a first plurality of messages via the radio to a relay device, wherein each of the first plurality of messages comprise an IPv6 packet header and an upper layer protocol data unit, wherein the upper layer protocol data unit is encapsulated within the payload, wherein the electronic chip is arranged to operate in a second mode in which the wireless device transmits a second plurality of messages via the radio to the relay device, wherein each of the second plurality of messages comprise an upper layer protocol data unit encapsulated within the payload; and wherein the electronic chip is arranged to transition from the first mode to the second mode by transmitting a header information message via the radio to the relay device, wherein the relay device provides a header insertion service, wherein the header information message comprises at least an address of the wireless device, wherein the address is used to construct an IPv6 source address or an address of a host device, wherein the address of the host device is used to construct an IPv6 destination address.
Instant claim 2 corresponds to conflicting claim 2.
Instant claim 3 corresponds to conflicting claim 3.
Instant claim 4 corresponds to conflicting claim 4.
Instant claim 5 corresponds to conflicting claim 5.
Instant claim 6 corresponds to conflicting claim 6.
Instant claim 7 corresponds to conflicting claim 7.
Instant claim 8 corresponds to conflicting claim 1.
Instant claim 9 corresponds to conflicting claim 16.
Instant claim 10 corresponds to conflicting claim 17.
Instant claim 11 corresponds to conflicting claim 18.
Instant claim 12 corresponds to conflicting claim 8.
Instant claim 13 corresponds to conflicting claim 9.
Instant claim 14 corresponds to conflicting claim 3.
Instant claim 15 corresponds to conflicting claim 4.
Instant claim 16 corresponds to conflicting claim 5.
Instant claim 17 corresponds to conflicting claim 6.
Instant claim 18 corresponds to conflicting claim 7.
Instant claim 19 corresponds to conflicting claim 8.
Instant claim 20 corresponds to conflicting claim 10.
Instant claim 21 corresponds to conflicting claim 10.
Instant claim 22 corresponds to conflicting claim 10.
Instant claim 23 corresponds to conflicting claim 11.
Instant claim 24 corresponds to conflicting claim 12.
Instant claim 25 corresponds to conflicting claim 13.
Instant claim 26 corresponds to conflicting claim 14.
Instant claim 27 corresponds to conflicting claim 15.
Instant claim 28 corresponds to conflicting claim 19.
Instant claim 29 corresponds to conflicting claim 20.
Instant claim 30 corresponds to conflicting claim 21.
Instant claim 31 corresponds to conflicting claim 19.
Instant claim 32 corresponds to conflicting claim 22.
Instant claim 33 corresponds to conflicting claim 22.
Instant claim 34 corresponds to conflicting claim 23.
Instant claim 35 corresponds to conflicting claim 24.
Instant claim 36 corresponds to conflicting claim 23.
The instant claims merely broaden the scope of the conflicting claims. It is well settled that broadening the scope of claims would have been obvious to one of ordinary skill in the art in view of the narrower issued claims. In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982) and In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993).
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Haserodt (us 2014/0003432) discloses a first message associated with a first communication session is received at a container. The first message is modified by adding a new header. The first message may be processed in the container. At least a portion of the new header is removed from the modified message. The removed portion of the new header is stored. The modified message without the removed portion is sent outside the container. A second message associated with the first communication message is received at the container. The stored portion of the new header is inserted into the second message. The second message with the inserted portion of the new header is processed in the container. The portion of the new header is removed from the second message and the second message is sent outside the container.
Kobayashi (us 7,519,048) discloses a switching apparatus for relaying packet communication through a communication network between a plurality of servers and clients, at the time of relaying a packet to be transmitted from the server to the client, rewrites header information of the packet in question to have the contents to be set when the packet in question is transmitted from the switching apparatus and sends the rewritten packet to the client and from the time of relaying a data acquisition request from the client until the end of transmission of a packet of an acknowledgement to be transmitted from the server to the client, conducts one-way splicing in the direction from the server in question to the client in question, as well as successively conducting retransmission control and flow control with respect to communication from the client to the server.
Dougall et al (us 7,680,151) discloses a system is provided for the controlling the transmission of best-effort filed data or programs on channels from one of plural controllers to one or more client nodes. A program is a group of files and has program information indicating to a client node how to use the files of the program. A channel is a virtual path, wherein a client node can receive program files from different channels in a separate fashion. Channels also have channel information. Multiple controllers are provided which self configure in rank order to control the schedule transmission of programs files on channels. Client nodes receive announcements of programs and channels from the controllers and selectively subscribe to the channels and programs. Client nodes can be instructed to positively acknowledge receipt of programs and also send back negative acknowledgements for ranges of data words in a program files not received. The negative acknowledgements can be consolidated to reduce the number of packets on the network. The format of packets carrying program files and acknowledgement/negative acknowledgement messages are specified.
Neale et al (us 2003/0123481) discloses a method and system is presented for the bi-directional transfer of data packets over a TCP communications system that can comprise both terrestrial and satellite links, using an enhanced flight protocol that, transparently to the end users, replaces the TCP over the congested satellite link portion of the system that accelerates the data delivery between end users and improves reliability of the data packet transmission. The invention eliminates the conventional TCP 3-way handshake and other associated time-delay procedures and replaces them with an improved use of performance enhancing proxies at either end of the satellite link that use a unique acknowledgement methods, data buffer storage and packet header field arrangement among the design features of a flight protocol method and system that accelerates data packet transfer with more efficient link capacity use and greater data throughput.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUYEN MY DOAN whose telephone number is (571)272-4226. The examiner can normally be reached (571)272-4226.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tonia Dollinger can be reached at (571)272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUYEN M DOAN/Primary Examiner, Art Unit 2459
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