CTNF 19/062,228 CTNF 75661 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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. 08-34 AIA Claim s 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claim s 1, 2, 8, 11-13 and 16-19 of U.S. Patent No. 12,250,156 . Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claims are anticipated by the reference claims . Claim 1 is anticipated by claim 1 of the ‘156 Patent. Claim 2 is anticipated by claim 1 of the ‘156 Patent. Claim 3 is anticipated by claim 2 of the ‘156 Patent. Claim 4 is anticipated by claim 1 of the ‘156 Patent. Claim 5 is anticipated by claim 1 of the ‘156 Patent. Claim 6 is anticipated by claim 1 of the ‘156 Patent. Claim 7 is anticipated by claim 2 (“action”/ “transmit”) of the ‘156 Patent. Claim 8 is anticipated by claim 11 of the ‘156 Patent. Claim 9 is anticipated by claim 12 of the ‘156 Patent. Claim 10 is anticipated by claim 8 of the ‘156 Patent. Claim 11 is anticipated by claim 1 of the ‘156 Patent. Claim 12 is anticipated by claim 13 of the ‘156 Patent. Claim 13 is anticipated by claims 16 and 17 of the ‘156 Patent. Claim 14 is anticipated by claim 12 of the ‘156 Patent. Claim 15 is anticipated by claim 18 of the ‘156 Patent. Claim 16 is anticipated by claim 18 of the ‘156 Patent. Claim 17 is anticipated by claim 18 of the ‘156 Patent. Claim 18 is anticipated by claim 19 of the ‘156 Patent. Claim 19 is anticipated by claim 19 of the ‘156 Patent. Claim 20 is anticipated by claim 18 of the ‘156 Patent . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 1-20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by U.S. Patent Application 2014/0254476 to Blankenship et al . As concerns claim 1, a method, comprising: obtaining, by a base station (Fig. 1, 108; 0027-base station), data rate information (Fig. 2, 204; 0023) based on communication between the base station and a device (Fig. 1, 104), wherein the data rate information is associated with an application (0016-application data; BRI: “associated with” is a broad term; 0011-smart phone inherently has an application, that is communicating on the network of Fig. 1); and transmitting, by the base station and to the device, one or more data rate parameters (0066-104 sends value/ “data parameter” to 108; 0020-parameters relating to QoS control and data rate control; 0023; 0069-data transmission rate; 0098-passed from 104 to 108) associated with the application (QoS associated with UE wherein UE on network is using an application; 0066-value employed with UE which is “associated with” an application, communicates with 108 via network) based on the data rate information. As concerns claim 8, a device, comprising: one or more processors (Fig. 4, 404; 0140) configured to: obtain one or more data rate parameters (Fig. 2, 204; 0023) based on communication between a base station (Fig. 1, 108; 0027-base station) and the device (Fig. 1, 104), wherein the device is associated with an application (0016-application data; application data is transmitted over the network, thus the network devices are “associated with” the application; BRI: “associated with” is a broad term; 0011-smart phone inherently has an application, that is communicating on the network of Fig. 1), and wherein the one or more data rate parameters are associated with the application (QoS associated with UE wherein UE on network is using an application; 0066-value employed with UE which is “associated with” an application, communicates with 108 via network); determine, based on the one or more data rate parameters, an available data rate (0084-0085; 0092-potentially utilize; 0019-data rate) associated with the application; and perform an action (0023-for use in controlling communications) based on the available data rate. As concerns claim 15, a non-transitory computer-readable medium storing a set of instructions, the set of instructions comprising: one or more instructions that, when executed by one or more processors (Fig. 4, 404; 0140) of a base station (Fig. 1, 108; 0027-base station) in a radio access network (RAN) (0012-wireless access network; 0015-radio) communicably coupled to a server device (Fig. 1, 104; BRI: “server” device is given broadest reasonable interpretation and limitations from the specification are not read into the claims, the claims do not set forth a particular definition for the device and it is interpreted based on its limited functionality set forth in the claims), cause the base station to: obtain data rate information (Fig. 2, 204; 0023) based on communication between the base station and the server device, wherein the server device is associated with an application (0016-application data; application data is transmitted over the network, thus the network devices are “associated with” the application; BRI: “associated with” is a broad term; 0011-smart phone inherently has an application, that is communicating on the network of Fig. 1), and wherein the data rate information is associated with the application (QoS associated with UE wherein UE on network is using an application; 0066-value employed with UE which is “associated with” an application, communicates with 108 via network); and transmit, to the server device, one or more data rate parameters (0066-104 sends value/ “data parameter” to 108; 0020-parameters relating to QoS control and data rate control; 0023; 0069-data transmission rate; 0098-passed from 104 to 108) based on (0099-data rate information) the data rate information. As concerns claim 2, the method of claim 1, wherein the one or more data rate parameters include at least one of: one or more radio frequency parameters, one or more network loading parameters, one or more mobility parameters, or one or more available data rate parameters (0019; 0020-parameters related to data rate; threshold-thus below threshold is the available data rate). As concerns claim 11, the device of claim 8, wherein the one or more data rate parameters include at least one of: one or more radio frequency parameters, one or more network loading parameters, one or more mobility parameters, or an available data rate parameter (0019; 0020-parameters related to data rate; threshold-thus below threshold is the available data rate). As concerns claim 20, the non-transitory computer-readable medium of claim 15, wherein the one or more data rate parameters include at least one of: one or more radio frequency parameters, one or more network loading parameters, one or more mobility parameters, or an available data rate parameter (0019; 0020-parameters related to data rate; threshold-thus below threshold is the available data rate). As concerns claim 3, the method of claim 1, further comprising: determining, by the base station and based on the one or more data rate parameters, an available data rate associated with the application (0019-target data rate); and transmitting, by the base station and to the device, the available data rate (0019-0020-data rate not to exceed threshold). As concerns claim 4, the method of claim 1, wherein the data rate information includes one or more of: radio frequency (RF) information, network loading information, mobility information, or available data rate information (0019; 0020-parameters related to data rate; threshold-thus below threshold is the available data rate). As concerns claim 5, the method of claim 1, wherein the device is associated with the application (BRI: “associated with” is a broad term; device is on network with application, thus it is “associated with” an application). As concerns claim 6, the method of claim 1, further comprising: determining the one or more data rate parameters (0019-0020). As concerns claim 17, the non-transitory computer-readable medium of claim 15, wherein the one or more instructions, when executed by the one or more processors, further cause the base station to: determine the one or more data rate parameters (0019-0020-data rate parameters specified). As concerns claim 7, the method of claim 1, further comprising: determining, based on the one or more data rate parameters, an available data rate associated with the application (0019; 0020-parameters related to data rate; threshold-thus below threshold is the available data rate); and performing an action based on the available data rate (0021-enforcing data rate). As concerns claim 18, the non-transitory computer-readable medium of claim 15, wherein the one or more instructions, when executed by the one or more processors, further cause the base station to: determine, based on the one or more data rate parameters, an available data rate associated with the application (0019; 0020-parameters related to data rate; threshold-thus below threshold is the available data rate); and perform an action based on the available data rate (0021-enforcing data rate). As concerns claim 9, the device of claim 8, wherein the one or more processors are further configured to: calculate the available data rate based on a function indicated by an available data rate parameter (0020-data rate parameters, can include data rate thresholds, thus below threshold is the available data rate). As concerns claim 10, the device of claim 8, wherein the one or more processors, to perform the action based on the available data rate, are configured to: determine one or more application parameters based on application information associated with the application (0019; 0020-parameters related to data rate; threshold-thus below threshold is the available data rate; QoS associated with UE wherein UE on network is using an application; 0066-value employed with UE which is “associated with” an application, communicates with 108 via network); and transmit an indication of the one or more application parameters (0021-enforce data rate threshold; 0019-0020-QoS control) to the base station. As concerns claim 12, the device of claim 8, wherein the one or more processors, to perform the action based on the available data rate, are configured to: adjust, based on the available data rate, a data rate associated with the application to an adjusted data rate associated with the application (0020-conform/adjust data rate to threshold and QoS for UE). As concerns claim 13, the device of claim 8, wherein the one or more processors, to perform the action based on the available data rate, are configured to: determine one or more application parameters based on application information associated with the application (0019; 0020-parameters related to data rate; threshold-thus below threshold is the available data rate; QoS associated with UE wherein UE on network is using an application; 0066-value employed with UE which is “associated with” an application, communicates with 108 via network); and adjust a data rate associated with the application based on the one or more application parameters (0020-conform/adjust data rate to threshold and QoS for UE). As concerns claim 14, the device of claim 8, wherein the available data rate is a function of at least one of the one or more data rate parameters (0020-data rate parameters, can include data rate thresholds, thus below threshold is the available data rate). As concerns claim 16, the non-transitory computer-readable medium of claim 15, wherein the server device is associated with the application (0066-value employed with UE which is “associated with” an application, communicates with 108 via network; 0011-smart phone inherently has an application, that is communicating on the network of Fig. 1). As concerns claim 19, the non-transitory computer-readable medium of claim 15, wherein the one or more instructions, when executed by the one or more processors, further cause the base station to: determine an available data rate associated with the application (0099-data rate information; 0019; 0020-parameters related to data rate; threshold-thus below threshold is the available data rate); and transmit, to the server device, the available data rate (0066-104 sends value/ “data parameter” to 108; 0020-parameters relating to QoS control and data rate control; 0023; 0069-data transmission rate; 0098-passed from 104 to 108) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. US Patent Application Publication 2024/0064115 to Bernardos et al. disclose available applications and supported latency and bandwidth . Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN B WALSH whose telephone number is (571)272-7063. The examiner can normally be reached 7:30-3:30 pm. 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, Christopher L Parry can be reached at 571-272-8328. 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. /JOHN B WALSH/Primary Examiner, Art Unit 2451 Application/Control Number: 19/062,228 Page 2 Art Unit: 2451 Application/Control Number: 19/062,228 Page 3 Art Unit: 2451 Application/Control Number: 19/062,228 Page 4 Art Unit: 2451 Application/Control Number: 19/062,228 Page 5 Art Unit: 2451 Application/Control Number: 19/062,228 Page 6 Art Unit: 2451 Application/Control Number: 19/062,228 Page 7 Art Unit: 2451 Application/Control Number: 19/062,228 Page 8 Art Unit: 2451 Application/Control Number: 19/062,228 Page 9 Art Unit: 2451 Application/Control Number: 19/062,228 Page 10 Art Unit: 2451 Application/Control Number: 19/062,228 Page 11 Art Unit: 2451
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