REMOTELY RECONFIGURABLE DISTRIBUTED ANTENNA SYSTEM AND METHODS

Application No. 19/031,505

• Filed: Jan 18, 2025
• Priority: Sep 14, 2010 — provisional 61/382,836
  • Aug 16, 2011 — continuation of 8682338
  • Jan 31, 2014 — continuation of 9419714
  • Nov 23, 2015 — continuation of 9531473
  • Dec 27, 2016 — continuation of 10/159,074
  • Oct 30, 2018 — continuation of 10/701,695
  • Jan 08, 2020 — continuation of 11/368,957
  • May 07, 2020 — continuation of 10/743,317
  • Jul 30, 2020 — continuation of 11/026,232
  • Aug 21, 2020 — continuation of 11/013,005
  • May 17, 2021 — continuation of 17/322,503
  • Jan 13, 2023 — continuation of 12/382,444
• Examiner: REGO, DOMINIC E
• Assignee: Dali Wireless Inc.
• OA Round: 1 (Non-Final)

Office Action

DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
A rejection based on double patenting of the "same invention" type finds its support in the language of 35 U.S.C. 101 which states that "whoever invents or discovers any new and useful process ... may obtain a patent therefor ..." (Emphasis added). Thus, the term "same invention," in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957); and In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970).

A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the conflicting claims so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.

Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,382,444. This is a double patenting rejection.

Instant Application
U.S. Patent No. 12,382,444
Application No. 18/154,768
1. A radio access network comprising: a plurality of radio points that wirelessly transmit to and receive signals from a plurality of wireless subscriber devices; and
a baseband controller coupled to a network, wherein the baseband controller assigns a plurality of radio resources to the plurality of radio points, and the plurality of radio resources are used to wirelessly transmit and receive signals between the plurality of radio points and the plurality of wireless subscriber devices,
wherein the baseband controller communicates with the plurality of radio points through the network, and
wherein the baseband controller obtains data capacity information for different portions of the network and configures one or more communication cells in the different portions of the network based at least in part on the data capacity information in response to changes in data capacity needs, wherein the one or more communication cells are configured by changing a number of the plurality of radio points assigned to the one or more communication cells.
1. A radio access network comprising: a plurality of radio points that wirelessly transmit to and receive signals from a plurality of wireless subscriber devices; and
a baseband controller coupled to a network, wherein the baseband controller assigns a plurality of radio resources to the plurality of radio points, and the plurality of radio resources are used to wirelessly transmit and receive signals between the plurality of radio points and the plurality of wireless subscriber devices,
wherein the baseband controller communicates with the plurality of radio points through the network, and
wherein the baseband controller obtains data capacity information for different portions of the network and configures one or more communication cells in the different portions of the network based at least in part on the data capacity information in response to changes in data capacity needs, wherein the one or more communication cells are configured by changing a number of the plurality of radio points assigned to the one or more communication cells

Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US Patent #8,824,595),
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC E REGO whose telephone number is [phone]. The examiner can normally be reached Monday-Friday, 8:00am-4:30pm.
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, Wesley Kim can be reached at 571-272-7867. 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.

/DOMINIC E REGO/Primary Examiner, Art Unit 2648 Tel [phone]

Prosecution Timeline

• Jan 18, 2025: Application Filed
• Sep 17, 2026: Non-Final Rejection mailed — §101 (current)