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 .
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. US 12,231,211 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because (See mapping below).
Regarding claim 1 (Instant Application), claim 1, and 6 (U.S. Patent No. US 12,231,211 B2) substantially disclose the corresponding claim limitations as highlighted in the table below.
Regarding claim 9 (Instant Application), claim 8, and 9 (U.S. Patent No. US 12,231,211 B2) substantially disclose the corresponding claim limitations as highlighted in the table below.
Regarding claim 15 (Instant Application), claim 13, and 14 (U.S. Patent No. US 12,231,211 B2) substantially disclose the corresponding claim limitations as highlighted in the table below
As can be seen, the slight difference is that the U.S. Patent No. US 12,231,211 B2 recites “receiving sector metrics for a third sector”.
The minor difference would be obvious to one skilled in the art since each of the respective elements perform the same function. The obvious variation in the wording does not change claim scope.
19/020,819 (instant application)
US 12,231,211 B2
1. A system for sector beamset management in a wireless telecommunication network utilizing millimeter wave (mmWave) communication, the system comprising: at least one cell site having one or more antennas, the at least one cell site associated with the wireless telecommunication network utilizing the mmWave communication; one or more processors associated with the at least one cell site; and computer memory storing computer-usable instructions that, when executed by the one or more processors, perform operations comprising:
receiving at least one sector metric for a first sector of the wireless telecommunication network utilizing the mmWave communication, wherein the at least one sector metric includes beamset data corresponding to the first sector; storing the beamset data at a primary-secondary cell and a special cell of a second sector;
causing at least one antenna of the one or more antennas to change a beamset corresponding to the second sector based on the stored beamset data;
receiving sector metrics for a sector corresponding to a second cell site of the wireless telecommunication network utilizing the mmWave communication; and storing the sector metrics corresponding to the second cell site at the primary-secondary cell and the special cell; wherein the change to the beamset is further based on the stored sector metrics corresponding to the second cell site.
1. A system for sector beamset management in a wireless telecommunication network utilizing millimeter wave (mmWave) communication, the system comprising: at least one cell site having one or more antennas, the at least one cell site associated with the wireless telecommunication network utilizing the mmWave communication; one or more processors associated with the at least one cell site; and computer memory storing computer-usable instructions that, when executed by the one or more processors, perform operations comprising:
receiving at least one sector metric for a first sector of the wireless telecommunication network utilizing
the mmWave communication,
wherein the at least one sector metric includes beamset data corresponding to the first sector; storing the beamset data at a primary-secondary cell and a special cell of a second sector;
causing at least one antenna of the one or more antennas to change a beamset corresponding to the second sector based on the stored beamset data; receiving sector metrics for a third sector of the wireless telecommunication network utilizing the mmWave communication; and storing the sector metrics at the primary-secondary cell and the special cell of the second sector, wherein the change to the beamset is further based on the stored sector metrics for the third sector
6. The system according to claim 1, the operations further comprising:
receiving sector metrics for a sector corresponding to a second cell site of the wireless telecommunication network utilizing the mmWave communication; and storing the sector metrics corresponding to the second cell site at the primary-secondary cell and the special cell; wherein the change to the beamset is further based on the stored sector metrics corresponding to the second cell site..
9. A method for sector beamset management in a wireless telecommunication networkutilizing
millimeterwave (mmWave) communication, the method comprising:
receiving sector metrics for a plurality of sectors of the wireless telecommunication network utilizing the mmWave communication, the sector metrics including beamset data;
storing the sector metrics at a primary-secondary cell and a special cell of one or more of the plurality of sectors; and causing at least one antenna of the of the wireless telecommunication network to change a beamset corresponding to the one or more of the plurality of sectors based on the stored sector metrics,
wherein the sector metrics are received from a first plurality of user devices within a first set of the plurality of sectors, the first set corresponding to a first cell site, and wherein the sector metrics are received from a second plurality of user devices within a second set of the plurality of sectors, the second set corresponding to a second cell site.
8. A method for sector beamset
management in a wireless telecommunication network utilizing millimeter wave (mmWave) communication, the method comprising:
receiving sector metrics for a plurality of sectors of the wireless telecommunication network utilizing the mmWave communication, the sector metrics including
beamset data;
storing the sector metrics at a primary-secondary cell and a special cell of one or more of the plurality of sectors; causing at least one antenna of the of the wireless telecommunication network to change a beamset corresponding to the one or more of the plurality of sectors based on the stored sector metrics;
and identifying an overlapping area of a first sector and a second sector of the plurality of sectors; determining the first sector has a stronger signal than the second sector; and providing a downlink beam to a user device within the overlapping area via the changed beamset of the first sector.
9. The method according to claim 8, wherein the sector metrics are received from a first plurality of user devices within a first set of the plurality of sectors, the first set corresponding to a first cell site, and wherein the sector metrics are received from a second plurality of user devices within a second set of the plurality of sectors, the second set corresponding to a second cell site.
15. One or more non-transitory computer storage media having computer- executable instructions embodied thereon, that when executed by at least one processor, cause the at least one processor to perform a method comprising:
receiving beamset data for a first sector of a wireless telecommunication network utilizing a millimeter wave (mmWave) communication;
storing the beamset data at a primary-secondary cell and a special cell of a second sector of the wireless telecommunication network, wherein the first sector corresponds to a first antenna array and the second sector corresponds to a second antenna array;
causing the second antenna array to change a beamset corresponding to the second sector based on the stored beamset data;
receiving sector metrics for a plurality of sectors that each correspond to at least one antenna array; and storing the sector metrics at the primary-secondary cell and the special cell of the second sector, wherein the change to the beamset is further based on the stored sector metrics for the plurality of sectors..
13. One or more non-transitory computer storage media having computer-executable instructions embodied thereon, that when
executed by at least one processor, cause the at least one processor to perform a method comprising: receiving beamset data for a first sector of a wireless telecommunication network utilizing a millimeter wave (mmWave) communication;
storing the beamset data at a primary-secondary cell and a special cell of a second sector of the wireless telecommunication network,
wherein the first sector corresponds to a first antenna array and the second sector corresponds to a second antenna array;
and causing the second antenna array to change a beamset corresponding to the second sector based on the stored beamset data,
wherein the change to the beamset includes maintaining the mmWave communication with user devices within the second sector.
14. The one or more non-transitory computer storage media of claim 13, the method further comprising:
receiving sector metrics for the first sector and a third sector of the wireless telecommunication network utilizing the mmWave communication; and storing the sector metrics at the primary-secondary cell and the special cell of the second sector; wherein the change to the beamset is further based on the stored sector metrics for the third sector.
Regarding claim 2 (instant application), claim 1 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 3 (instant application), claim 2 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 4 (instant application), claim 3 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 5 (instant application), claim 4 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 6 (instant application), claim 5 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 7 (instant application), claim 5 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 8 (instant application), claim 7 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 10 (instant application), claim 8 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 11 (instant application), claim 10 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 12 (instant application), claim 10 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 13 (instant application), claim 11 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 14 (instant application), claim 12 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 16 (instant application), claim 13 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 17 (instant application), claim 14 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 18 (instant application), claim 15 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 19 (instant application), claim 16 (US 12,231,211 B2) substantially disclose similar claim limitations.
Regarding claim 20 (instant application), claim 16 (US 12,231,211 B2) substantially disclose similar claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20220248246 A1 or US 20210126695 A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL BAYARD whose telephone number is (571)272-3016. The examiner can normally be reached 6-9.
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, Ahn K Sam can be reached at 571-272-3044. 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.
/EMMANUEL BAYARD/Primary Examiner, Art Unit 2633
Prosecution Insights