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.
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Claims 1, 5-6, 10-11, 15-16, and 20-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,962,413. Although the claims at issue are not identical, they are not patentably distinct from each other because even though they are not word for word with each other they both teach the same inventive concept.
Regarding claim 1, U.S. Patent No. 11,962,413 teaches a wireless communication control apparatus comprising control circuitry configured to control wireless communication of a first wireless apparatus which connects with a second wireless communication apparatus on both a first band and second band, wherein the control circuitry controls the first wireless apparatus to transmit, to the second wireless apparatus via at least one of the first or second band, a setup signal including first setting information, and receive a response signal for the setup signal from the second wireless communication apparatus, the response signal including second setting information, wherein the first setting information includes information for identifying at least one of the first or second band that the first wireless apparatus intends to use for receiving at least one block acknowledgement with respect to a block of multiple sets of data which is to be included in a data signal to be transmitted from the first wireless apparatus, and the second setting information includes information indicating approval or disapproval with respect to the first setting information, transmit, to the second wireless apparatus via at least one of the first or second band, the data signal, and receive the at least one BA from the second wireless apparatus via the at least one of the first or second band in accordance with the second setting information (Claims 1-3).
Regarding claim 5, U.S. Patent No. 11,962,413 teaches wherein the first setting information is different from the second setting information (Claims 1-3).
Regarding claim 6, U.S. Patent No. 11,962,413 teaches wherein the at least one BA further includes information of reception result with respect to a block of multiple sets of data which is conveyed in a second data signal transmitted from the first wireless communication apparatus via one of the first or second band that is different from a band of one of the first or second band on which the first data signal is transmitted (Claims 1-3).
Regarding claim 10, U.S. Patent No. 11,962,413 teaches wherein the at least one BA comprises a first BA and a second BA, wherein the control circuit configured to control the wireless transceiver to receive, from the second wireless device via the first band, the first BA based on the second setting information, and receive, from the second wireless device via the second band, the second BA based on the second setting information, wherein the first BA and second BA include information of a reception result for the block of multiple sets of data (Claims 1-3).
Regarding claim 11, U.S. Patent No. 11,962,413 teaches a wireless communication control apparatus comprising control circuitry configured to control wireless communication of a second wireless apparatus which connects with a first wireless communication apparatus on both a first band and second band, wherein the control circuitry controls the first wireless apparatus to receive, from the first wireless apparatus via at least one of the first or second band, a setup signal including first setting information, and transmit a response signal for the setup signal to the first wireless communication apparatus, the response signal including second setting information, wherein the first setting information includes information for identifying at least one of the first or second band that the first wireless apparatus intends to use for receiving at least one block acknowledgement with respect to a block of multiple sets of data which is to be included in a data signal to be transmitted from the first wireless apparatus, and the second setting information includes information indicating approval or disapproval with respect to the first setting information, receive, from the first wireless apparatus via at least one of the first or second band, the data signal, and transmit the at least one BA to the first wireless apparatus via the at least one of the first or second band in accordance with the second setting information (Claims 1-3).
Regarding claim 15, U.S. Patent No. 11,962,413 teaches wherein the first setting information is different from the second setting information (Claims 1-3).
Regarding claim 16, U.S. Patent No. 11,962,413 teaches wherein the at least one BA further includes information of reception result with respect to a block of multiple sets of data which is conveyed in a second data signal received from the first wireless communication apparatus via one of the first or second band that is different from a band of one of the first or second band on which the first data signal is received (Claims 1-3).
Regarding claim 20, U.S. Patent No. 11,962,413 teaches wherein the at least one BA comprises a first BA and a second BA, wherein the control circuit configured to control the wireless transceiver to transmit, to the first wireless device via the first band, the first BA based on the second setting information, and transmit, to the first wireless device via the second band, the second BA based on the second setting information,
wherein the first BA and second BA include information of a reception result for the
block of multiple sets of data (Claims 1-3).
Regarding claim 21, U.S. Patent No. 11,962,413 teaches a method performed by a wireless communication control apparatus having control circuitry configured to control wireless communication of a first wireless apparatus which connects with a second wireless communication apparatus on both a first band and second band, the method comprising controlling the first wireless apparatus to perform an operation comprising transmitting, to the second wireless apparatus via at least one of the first or second band, a setup signal including first setting information, and receiving a response signal for the setup signal from the second wireless communication apparatus, the response signal including second setting information, wherein the first setting information includes information for identifying at least one of the first or second band that the first wireless apparatus intends to use for receiving at least one block acknowledgement with respect to a block of multiple sets of data which is to be included in a data signal to be transmitted from the first wireless apparatus, and the second setting information includes information indicating approval or disapproval with respect to the first setting information, transmitting, to the second wireless apparatus via at least one of the first or second band, the data signal, and receiving the at least one BA from the second wireless apparatus via the at least one of the first or second band in accordance with the second setting information (Claims 1-3).
Regarding claim 22, U.S. Patent No. 11,962,413 teaches a method performed by a wireless communication control apparatus having control circuitry configured to control wireless communication of a second wireless apparatus which connects with a first wireless communication apparatus on both a first band and second band, the method comprising controlling the second wireless apparatus to perform an operation comprising receiving, from the first wireless apparatus via at least one of the first or second band, a setup signal including first setting information, and transmitting a response signal for the setup signal to the first wireless communication apparatus, the response signal including second setting information, wherein the first setting information includes information for identifying at least one of the first or second band that the first wireless apparatus intends to use for receiving at least one block acknowledgement with respect to a block of multiple sets of data which is to be included in a data signal to be transmitted from the first wireless apparatus, and the second setting information includes information indicating approval or disapproval with respect to the first setting information, receiving, from the first wireless apparatus via at least one of the first or second band, the data signal, and transmitting the at least one BA to the first wireless apparatus via the at least one of the first or second band in accordance with the second setting information (Claims 1-3).
Claims 1-3, 6, 9-13, 16, and 19-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 5 of U.S. Patent No. 12,244,422. Although the claims at issue are not identical, they are not patentably distinct from each other because even though they are not word for word with each other they both teach the same inventive concept.
Regarding claim 1, U.S. Patent No. 12,244,422 teaches a wireless communication control apparatus comprising control circuitry configured to control wireless communication of a first wireless apparatus which connects with a second wireless communication apparatus on both a first band and second band, wherein the control circuitry controls the first wireless apparatus to transmit, to the second wireless apparatus via at least one of the first or second band, a setup signal including first setting information, and receive a response signal for the setup signal from the second wireless communication apparatus, the response signal including second setting information, wherein the first setting information includes information for identifying at least one of the first or second band that the first wireless apparatus intends to use for receiving at least one block acknowledgement with respect to a block of multiple sets of data which is to be included in a data signal to be transmitted from the first wireless apparatus, and the second setting information includes information indicating approval or disapproval with respect to the first setting information, transmit, to the second wireless apparatus via at least one of the first or second band, the data signal, and receive the at least one BA from the second wireless apparatus via the at least one of the first or second band in accordance with the second setting information (Claim 1).
Regarding claim 2, U.S. Patent No. 12,244,422 teaches wherein the setup signal and the response signal are communicated on a same band of the first and second band (Claim 2).
Regarding claim 3, U.S. Patent No. 12,244,422 teaches wherein the setup signal and the response signal are communicated on different bands of the first and second band (Claim 3).
Regarding claim 6, U.S. Patent No. 12,244,422 teaches wherein the at least one BA further includes information of reception result with respect to a block of multiple sets of data which is conveyed in a second data signal transmitted from the first wireless communication apparatus via one of the first or second band that is different from a band of one of the first or second band on which the first data signal is transmitted (Claim 1).
Regarding claim 9, U.S. Patent No. 12,244,422 teaches wherein the second signal includes a signal indicating a Traffic ID (Claim 5).
Regarding claim 10, U.S. Patent No. 12,244,422 teaches wherein the at least one BA comprises a first BA and a second BA, wherein the control circuit configured to control the wireless transceiver to receive, from the second wireless device via the first band, the first BA based on the second setting information, and receive, from the second wireless device via the second band, the second BA based on the second setting information, wherein the first BA and second BA include information of a reception result for the block of multiple sets of data (Claim 1).
Regarding claim 11, U.S. Patent No. 12,244,422 teaches a wireless communication control apparatus comprising control circuitry configured to control wireless communication of a second wireless apparatus which connects with a first wireless communication apparatus on both a first band and second band, wherein the control circuitry controls the first wireless apparatus to receive, from the first wireless apparatus via at least one of the first or second band, a setup signal including first setting information, and transmit a response signal for the setup signal to the first wireless communication apparatus, the response signal including second setting information, wherein the first setting information includes information for identifying at least one of the first or second band that the first wireless apparatus intends to use for receiving at least one block acknowledgement with respect to a block of multiple sets of data which is to be included in a data signal to be transmitted from the first wireless apparatus, and the second setting information includes information indicating approval or disapproval with respect to the first setting information, receive, from the first wireless apparatus via at least one of the first or second band, the data signal, and transmit the at least one BA to the first wireless apparatus via the at least one of the first or second band in accordance with the second setting information (Claim 1).
Regarding claim 12, U.S. Patent No. 12,244,422 teaches wherein the setup signal and the response signal are communicated on a same band of the first and second band (Claim 2).
Regarding claim 13, U.S. Patent No. 12,244,422 teaches wherein the setup signal and the response signal are communicated on different bands of the first and second band (Claim 3).
Regarding claim 16, U.S. Patent No. 12,244,422 teaches wherein the at least one BA further includes information of reception result with respect to a block of multiple sets of data which is conveyed in a second data signal received from the first wireless communication apparatus via one of the first or second band that is different from a band of one of the first or second band on which the first data signal is received (Claim 1).
Regarding claim 19, U.S. Patent No. 12,244,422 teaches wherein the second signal includes a signal indicating a Traffic ID (Claim 5).
Regarding claim 20, U.S. Patent No. 12,244,422 teaches wherein the at least one BA comprises a first BA and a second BA, wherein the control circuit configured to control the wireless transceiver to transmit, to the first wireless device via the first band, the first BA based on the second setting information, and transmit, to the first wireless device via the second band, the second BA based on the second setting information,
wherein the first BA and second BA include information of a reception result for the
block of multiple sets of data (Claim 1).
Regarding claim 21, U.S. Patent No. 12,244,422 teaches a method performed by a wireless communication control apparatus having control circuitry configured to control wireless communication of a first wireless apparatus which connects with a second wireless communication apparatus on both a first band and second band, the method comprising controlling the first wireless apparatus to perform an operation comprising transmitting, to the second wireless apparatus via at least one of the first or second band, a setup signal including first setting information, and receiving a response signal for the setup signal from the second wireless communication apparatus, the response signal including second setting information, wherein the first setting information includes information for identifying at least one of the first or second band that the first wireless apparatus intends to use for receiving at least one block acknowledgement with respect to a block of multiple sets of data which is to be included in a data signal to be transmitted from the first wireless apparatus, and the second setting information includes information indicating approval or disapproval with respect to the first setting information, transmitting, to the second wireless apparatus via at least one of the first or second band, the data signal, and receiving the at least one BA from the second wireless apparatus via the at least one of the first or second band in accordance with the second setting information (Claim 1).
Regarding claim 22, U.S. Patent No. 12,244,422 teaches a method performed by a wireless communication control apparatus having control circuitry configured to control wireless communication of a second wireless apparatus which connects with a first wireless communication apparatus on both a first band and second band, the method comprising controlling the second wireless apparatus to perform an operation comprising receiving, from the first wireless apparatus via at least one of the first or second band, a setup signal including first setting information, and transmitting a response signal for the setup signal to the first wireless communication apparatus, the response signal including second setting information, wherein the first setting information includes information for identifying at least one of the first or second band that the first wireless apparatus intends to use for receiving at least one block acknowledgement with respect to a block of multiple sets of data which is to be included in a data signal to be transmitted from the first wireless apparatus, and the second setting information includes information indicating approval or disapproval with respect to the first setting information, receiving, from the first wireless apparatus via at least one of the first or second band, the data signal, and transmitting the at least one BA to the first wireless apparatus via the at least one of the first or second band in accordance with the second setting information (Claim 1).
Allowable Subject Matter
Claims 4-5, 7-8, 14-15, and 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/ANDREW WENDELL/Primary Examiner, Art Unit 2648 9/18/2026
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