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 .
Detailed Action
2. Claims 1-8 are pending
Double Patenting
3. 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 obviousness-type 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); 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 © 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 §§ 706.02(l)(1) -706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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.qov/patents/process/file/efs/Quidance/eTD-info-l.isp.
4. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 co-pending application 18/727,916. Although the conflicting claims are not identical, they are not patentably distinct from each other because all elements of instant application 18/997,868 claim 1 correspond to elements of claim 1 of the co-pending application 18/727,916. The above claim of the present application would have obvious over claim 1 of co-pending application 18/727,916 because each element of the claims of the present application is anticipates by claim 1 of co-pending application 18/727,916.
Instant application 18/997,868
Co-pending application 18/727916
Claim 1. A signal transfer system that transfers a signal from one communication device to another communication device, the signal transfer system comprising:
an information acquirer that acquires network transfer information that is information regarding a traffic flow from the one communication device for each traffic flow from the one communication device to the another communication device; and
communication controller that executes adjustment processing of controlling transmission of a frame in the one communication device so as to reduce a waiting time for the frame on a basis of the network transfer information acquired by the information acquirer.
Claim1. A signal transfer system that transfers a signal from one communication device to another communication device, the signal transfer system comprising:
a first processor: a first storage medium having computer program instructions stored thereon. wherein the computer program instruction, when executed by the first processor, perform processing of:
acquiring network transfer information that is information regarding a traffic flow for each traffic flow from the one communication device to the other communication device;
a second processor: and a second storage medium having computer program instructions stored thereon. wherein the computer program instruction, when executed by the second processor, perform processing of:
executing an adjustment process that is a process of reducing a waiting time for a frame on the basis
Independent claims 3-8 of the instant application are anticipated by independent claim 11 of the co-pending application.
Claim Rejections - 35 USC § 102
5. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
6. Claims 1-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Joseph et al. (US 20210076407 A1) hereinafter Joseph.
Regarding independent claims 1 and 3-8 Jospeh discloses a signal transfer system that transfers a signal from one communication device to another communication device (see Fig. 8 and para. [0092], [0095]), the signal transfer system comprising:
an information acquirer that acquires network transfer information that is information regarding a traffic flow from the one communication device for each traffic flow from the one communication device to the another communication device;
(para. [0129] transmitter 1020 may transmit signals generated by other components of the device, the transmitter 1020 may be collocated with a receiver 1010 in a transceiver module. The transmitter 1020 may utilize a single antenna or a set of antennas. Transmitter 1020 may transmit to a receiving device in accordance with received timing or traffic information. [0130] FIG. 11 shows a system 1100 including a device 1105 that supports techniques for signaling timing offset in accordance with aspects of the present disclosure. Device 1105 may be an example of or include the components of wireless device 905, wireless device 1005, and/or a UE 115 as described above (e.g., with reference to FIGS. 9 and 10). Device 1105 may include components for bi-directional voice and data communications including components for transmitting and receiving communications, including base station communications manager 1115, processor 1120, memory 1125, software 1130, transceiver 1135, antenna 1140, and Network Communications Manager 1145. Device 1105 may communicate wirelessly with one or more UEs 115. [0145] –[0146] The operations of method 1300 may be implemented by a RAN device (e.g., a base station, a gNB, a Central Unit (CU)…[0154]-[0156] the first node (e.g., Node 1 of FIG. 4) may transmit the delta time offset information to a third node (e.g., Node 3 of FIG. 4) for modifying packet arrival characteristics based at least in part on the delta time offset information…); and
a communication controller that executes adjustment processing of controlling transmission of a frame in the one communication device so as to reduce a waiting time for the frame on a basis of the network transfer information acquired by the information acquirer (para.[0091] The scheduling information received by the UE may comprise one or more of a reliability, a minimum throughput of delivery of data traffic for the traffic flow, time offset information, etc. In aspects, in response to the received indication, the UE may provide the scheduling information to a higher layer (e.g., Higher Layer Operating System (HLOS) to media codec, such as gini bu media codec) to allow the higher layer to adjust the frames to minimize the delay experienced by a user. [0128] BS communications manager 1015 may determine time offsets, time offset information, time offset values, delta time offset values, etc. BS communications manager 1015 may include determining component 1025. Determining component 1025 may determine base station algorithms (e.g., scheduling algorithms to adjust or change based on received information).[0155]-[0156] Referring again to FIG. 13B, at 1314 the delta time offset information is transmitted to a node of the first traffic flow for modifying packet arrivals of the first traffic flow in the wireless communication system. For example, the first node (e.g., Node 1 of FIG. 4) may transmit the delta time offset information to a third node (e.g., Node 3 of FIG. 4) for modifying packet arrival characteristics based at least in part on the delta time offset information. In examples, the third node may apply a time offset value relative to a current packet arrival offset (e.g., delta time offset 1401 of FIG. 14) of the delta time offset information with respect to transmission of packets of the first traffic flow to provide offset of packet arrival….The traffic flow may, for example, comprise a flow between an AF of an edge server and an application on a user device (e.g., traffic originating from and/or destined to the edge server), wherein the third node may comprise an AE (e.g., the AF or the user device application) that modifies the packet arrival characteristics using the delta time offset information such as for use in timing communication of packets of the traffic flow to avoid network congestion. [0070] reduce latency experienced by a user…).
Regarding claim 2, Joseph further discloses, transfer unit that transfers the signal; and a transfer control unit that executes adjustment processing of controlling transfer of a frame in the transfer unit so as to reduce a waiting time for the frame on a basis of the network transfer information acquired by the information acquisition unit (para [0128] BS communications manager 1015 may determine time offsets, time offset information, time offset values, delta time offset values, etc. BS communications manager 1015 may include determining component 1025. Determining component 1025 may determine base station algorithms (e.g., scheduling algorithms to adjust or change based on received information). [0051] a first node (e.g., a User Plane Function (UPF), a Session Management Function (SMF), a Policy Control Function (PCF), a RAN device, a base station, a gNB, a Central Unit (CU), a Distributed Unit (DU), etc.) may determine time offsets of packet arrivals of a traffic flow in a second node (e.g., a gNB, cell, DU, etc.). The delta time offset may be utilized, for example, in timing transmission of packets of the traffic flow so as to avoid network congestion).
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kidest Mendaye whose telephone number is (571)272-2603. The examiner can normally be reached on Monday through Friday 7:00 am-5:00pm EST. 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, Ario Etienne can be reached on (571) 272-4001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
05/29/2026
/KIDEST MENDAYE/
Examiner, Art Unit 2457
/ARIO ETIENNE/Supervisory Patent Examiner, Art Unit 2457
Prosecution Insights