Detailed Action
1. This Office Action is responsive to the Preliminary Amendment filed 03/20/2025. Claims 1-20 have been cancelled. Claims 21-40 have been added as new claims and are presented for examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 03/20/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
4. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities:
On page 1, under section “Cross-Reference to Related Applications”, the cited copending applications (18/623,438) should be updated with current statuses such as U.S. Patent Application Serial No., the filing date, U.S. Patent No., and the issued date.
Appropriate correction is required.
Claim Objections
5. Claim 32 is objected to because of the following informalities:
On line 7 of claim 32: “in response identifying …” should be “in response to identifying …”
Appropriate correction is required.
Double Patenting
6. 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 §§ 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.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
7. Claims 21-40 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Application No. 18/357,497, now U.S. Patent No. 11,962,461.
For example (independent claims 21, 32 and 39):
Instant application 19/085,785
U.S. Patent No. 11,962,461
Claim 21. An apparatus, comprising:
a network interface configured to receive at least one connectivity signal from a network device;
a memory communicatively coupled to the network interface and configured to store a plurality of reprovisioning parameters from one or more additional network devices in a predefined area; and
a processor communicatively coupled to the memory and configured to:
identify a sub-area that comprises the network device based at least in part upon a direction of arrival associated with the at least one connectivity signal;
in response to identifying the sub-area that comprises the network device, establish a first communication link with the network device; and
transmit the plurality of reprovisioning parameters via the first communication link to the network device.
Claim 32. A method performed by a first network device, comprising:
obtaining a plurality of reprovisioning parameters from one or more additional network devices in a predefined area;
receiving at least one connectivity signal from a second network device;
identifying a sub-area that comprises the second network device based at least in part upon a direction of arrival associated with the at least one connectivity signal;
in response [to] identifying the sub-area that comprises the second network device, establishing a communication link between the first network device and the second network device; and
transmitting the plurality of reprovisioning parameters via the communication link to the second network device.
Claim 39. A non-transitory computer readable medium in a first network device storing instructions that when executed by a processor cause the processor to:
obtain a plurality of reprovisioning parameters from one or more additional network devices in a predefined area;
receive at least one connectivity signal from a second network device;
identify a sub-area that comprises the second network device based at least in part upon a direction of arrival associated with the at least one connectivity signal;
in response to identifying the sub-area that comprises the second network device, establish a communication link between the first network device and the second network device; and
transmit the plurality of reprovisioning parameters via the communication link to the second network device.
Claim 1. An apparatus, comprising:
a network interface configured to receive at least one connectivity signal broadcasted over a period of time;
a memory communicatively coupled to the network interface and configured to store a plurality of reprovisioning parameters from one or more additional network devices in a predefined area, the plurality of reprovisioning parameters comprising operating context information associated with one or more roles to be performed at one or more sub-areas in the predefined area; and
a processor communicatively coupled to the memory and configured to:
determine a first direction of arrival associated with the at least one connectivity signal;
identify a first sub-area corresponding to the first direction of arrival;
generate an acknowledgement signal to be transmitted in the first direction of arrival;
establish a first communication link with a network device located in the first direction of arrival; and
transmit the plurality of reprovisioning parameters via the first communication link to the network device,
wherein: the plurality of reprovisioning parameters comprise a plurality of roles; a first role of the plurality of roles corresponds to a first sub-area in the predefined area; and performing the first role at the first sub-area in the predefined area by the network device comprises defining a first plurality of operating state parameters and performing the first role at the first sub-area in response to a first trigger within the first sub-area.
Claim 12. A method performed by a first network device, comprising:
storing a plurality of reprovisioning parameters from one or more additional network devices in a predefined area, the plurality of reprovisioning parameters comprising operating context information associated with one or more roles corresponding to one or more sub-areas in the predefined area;
receiving at least one connectivity signal over a period of time from a second network device;
determining a direction of arrival associated with the at least one connectivity signal; identifying a first sub-areas corresponding to the direction of arrival;
generating an acknowledgement signal to be transmitted in the direction of arrival;
in response to transmitting the acknowledgement signal, establishing a communication link between the first network device and the second network device; and
transmitting the plurality of reprovisioning parameters via the communication link to the second network device,
wherein: the plurality of reprovisioning parameters comprise a plurality of roles; a first role of the plurality of roles corresponds to a first sub-area in the predefined area; and performing the first role at the first sub-area in the predefined area by the network device comprises defining a first plurality of operating state parameters and performing the first role at the first sub-area in response to a first trigger within the first sub-area.
Claim 17. A non-transitory computer readable medium in a first network device storing instructions that when executed by a processor cause the processor to:
store a plurality of reprovisioning parameters from one or more additional network devices in a predefined area, the plurality of reprovisioning parameters comprising operating context information associated with one or more roles corresponding to one or more sub-areas in the predefined area;
receive at least one connectivity signal over a period of time from a second network device;
determine a direction of arrival associated with the at least one connectivity signal; identify a first sub-areas corresponding to the direction of arrival;
generate an acknowledgement signal to be transmitted in the direction of arrival;
in response to transmitting the acknowledgement signal, establish a communication link between the first network device and the second network device; and
transmit the plurality of reprovisioning parameters via the communication link to the second network device,
wherein: the plurality of reprovisioning parameters comprise a plurality of roles; a first role of the plurality of roles corresponds to a first sub-area in the predefined area; and performing the first role at the first sub-area in the predefined area by the network device comprises defining a first plurality of operating state parameters and performing the first role at the first sub-area in response to a first trigger within the first sub-area.
8. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 of U.S. Patent No. 11,962,461 contain every element of claims 21-40 of the instant application and thus anticipate the claims of the instant application. Claims of the instant application therefore are not patently distinct from the earlier patent claims and as such are unpatentable over obvious-type double patenting. A later application claim is not patently distinct from an earlier claim if the later claim is anticipated by the earlier claim.
“A later patent claim is not patentably distinct from an earlier patent claim if the later claim obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus)”. ELI LILLY AND COMPANY vs. BARR LABORATORIES INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Claim Rejections - 35 USC § 102
9. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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.
10. Claims 21-22, 30, 32-33 and 38-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US 2014/0220970 A1), hereinafter “Yang”.
11. As to claim 21, Yang discloses an apparatus (base station 12), comprising:
a network interface configured to receive at least one connectivity signal from a network device ([0069]: base station 12 received SINR from the MTC device 16);
a memory communicatively coupled to the network interface and configured to store a plurality of reprovisioning parameters from one or more additional network devices in a predefined area ([0091], [0118-0119]: base station 12 may obtain, store information (such as location, or position, [identifying] information regarding the wireless devices 20 and the MTC device 16 at the coverage hole 18 in the cell area 14 may be used for future provisioning connectivity at the coverage hole 18 in the cell area 14); and
a processor communicatively coupled to the memory and configured to:
identify a sub-area that comprises the network device based at least in part upon a direction of arrival associated with the at least one connectivity signal ([0069]: Position information for the MTC device 16 can be used to define the position of the coverage hole 18. The position information may be an estimate of the position of the MTC device 16 obtained using signal strength and Direction of Arrival technique);
in response to identifying the sub-area that comprises the network device, establish a first communication link with the network device ([0063]: communication between the base station 12 and the MTC device 16 is provided, at least partially, via the device-anchor base station 20-1); and
transmit the plurality of reprovisioning parameters via the first communication link to the network device ([0096]: the time and/or frequency resources and a signature are assigned/transmitted to the MTC device 16 for device-anchor base station selection).
12. As to claim 22, Yang teaches the apparatus of claim 21, wherein: the plurality of reprovisioning parameters comprise operating context information associated with one or more roles to be performed at the sub-area in the predefined area ([0118-0119]: the location, or position, [identifying] information regarding the wireless devices 20 and the MTC device 16 at the coverage hole 18 in the cell area 14 may be used for future provisioning connectivity at the coverage hole 18 in the cell area 14).
13. As to claim 30, Yang teaches the apparatus of claim 21, wherein: the network device is a Machine Type Communication (MTC) device (Fig. 1: MTC device 16).
14. As to claims 32-33 and 38, claims 32-33 and 38 are corresponding method claims that recite similar limitations as of apparatus claims 21-22 and 30; therefore, they are rejected under the same rationale.
15. As to claim 39, claim 39 is a non-transitory computer readable medium claim that recites similar limitations as of apparatus claim 21; therefore, it is rejected under the same rationale.
Allowable Subject Matter
16. Claims 23-29, 31, 34-37 and 40 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.
17. Further references of interest are cited on Form PTO-892, which is an attachment to this Office Action.
18. A shortened statutory period for reply to this action is set to expire THREE (3) months from the mailing date of this communication. See 37 CFR 1.134.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG N NGUYEN whose telephone number is (571) 272-3886.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s SPE, Wing Chan, can be reached at (571) 272-7493. The fax phone number for the organization is (571) 273-8300.
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/QUANG N NGUYEN/Primary Examiner, Art Unit 2453
