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 .
Specification
The disclosure is objected to because of the following informalities: Please update the status of the parent application referenced to in the first paragraph of the specification.
Appropriate correction is required.
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 1-4, 7, 9, 10, 13, 15, 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 13-15 of U.S. Patent No. 12,289,142 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because.
Instant Application US 19/172,675
1. A communication method, comprising: receiving a message that indicates a reflector to start a working mode and a communication resource occupied by the reflector in the working mode, wherein the communication resource comprises at least one of a time domain resource, a frequency domain resource, or a code domain resource; and sending, to an access network device or a terminal device, a reflected signal on the communication resource.
US 12,289,142
1. A communication method, comprising: receiving first indication information indicating a reflector to start a working mode; receiving second indication information indicating a communication resource occupied by the reflector in the working mode, the communication resource comprising at least one of a time domain resource, a frequency domain resource, or a code domain resource; and sending, to an access network device or a terminal device, a reflected signal on the communication resource.
As seen (underlined texts), claim 1 of the patent includes every limitation of claim 1 of the instant application.
Instant Application US 19/172,675
2. The method according to claim 1, wherein the sending the reflected signal on the communication resource comprises: determining that the message comprises an identifier of the reflector; and sending, to the access network device, the reflected signal on the communication resource based on the determination.
US 12,289,142
2. The method according to claim 1, wherein sending the reflected signal on the communication resource comprises: determining that the second indication information comprises an identifier of the reflector; sending, to the access network device, the reflected signal on the communication resource based on the determination.
3. The method according to claim 1, wherein the sending the reflected signal on the communication resource comprises: determining that the message comprises an identifier of the reflector; and sending, to the access network device, the reflected signal on the communication resource based on the determination.
3. The method according to claim 1, wherein sending the reflected signal on the communication resource comprises: determining that the second indication information comprises a reflection state matrix index; sending, to the access network device or the terminal device, the reflected signal on the communication resource based on the reflection state matrix index.
4. The method according to claim 1, the method further comprising: receiving an indication information indicating the reflector to start a sleep mode in which the reflector does not reflect a radio signal received from the access network device or the terminal device.
4. The method according to claim 1, the method further comprising: receiving third indication information indicating the reflector to start a sleep mode in which the reflector does not reflect a radio signal received from the access network device or the terminal device
7. An apparatus, comprising: a processor; and a non-transitory memory storing programing instructions that, when executed by the processor, cause the apparatus to perform operations including: receiving a message that indicates a reflector to start a working mode and a communication resource occupied by the reflector in the working mode, wherein the communication resource comprises at least one of a time domain resource, a frequency domain resource, or a code domain resource; and sending, to an access network device or a terminal device, a reflected signal on the communication resource.
13. An apparatus, comprising: a processor; and a non-transitory memory storing programing instructions that, when executed by the processor, cause the apparatus to perform operations including: receiving first indication information indicating a reflector to start a working mode; receiving second indication information indicating a communication resource occupied by the reflector in the working mode, the communication resource comprising at least one of a time domain resource, a frequency domain resource, or a code domain resource; and sending, to an access network device or a terminal device, a reflected signal on the communication resource.
9. The apparatus according to claim 7, wherein the sending the reflected signal on the communication resource comprises: determining that the message comprises a reflection state matrix index; and sending, to the access network device or the terminal device, the reflected signal on the communication resource based on the reflection state matrix index.
14. The apparatus according to claim 13, wherein the sending the reflected signal on the communication resource comprises: determining that the second indication information comprises a reflection state matrix index; sending, to the access network device or the terminal device, the reflected signal on the communication resource based on the reflection state matrix index.
10. The apparatus according to claim 7, the operations further comprising: receiving an indication information indicating the reflector to start a sleep mode in which the reflector does not reflect a radio signal received from the access network device or the terminal device.
15. The apparatus of claim 13, the operations further including: receiving third indication information indicating the reflector to start a sleep mode in which the reflector does not reflect a radio signal received from the access network device or the terminal device.
13. A non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium stores computer program that, when executed by a processor, causes the processor to carry out operations comprising: receiving a message that a reflector to start a working mode and a communication resource occupied by the reflector in the working mode, the communication resource comprising at least one of a time domain resource, a frequency domain resource, or a code domain resource; and sending, to an access network device or a terminal device, a reflected signal on the communication resource.
13. An apparatus, comprising: a processor; and a non-transitory memory storing programing instructions that, when executed by the processor, cause the apparatus to perform operations including: receiving first indication information indicating a reflector to start a working mode; receiving second indication information indicating a communication resource occupied by the reflector in the working mode, the communication resource comprising at least one of a time domain resource, a frequency domain resource, or a code domain resource; and sending, to an access network device or a terminal device, a reflected signal on the communication resource.
As known in the art, “memory” is an example of a computer readable storage medium.
15. The non-transitory computer-readable storage medium according to claim 13, wherein the sending the reflected signal on the communication resource comprises: determining that the message comprises a reflection state matrix index; and sending, to the access network device or the terminal device, the reflected signal on the communication resource based on the reflection state matrix index.
16. The non-transitory computer-readable storage medium according to claim 13, the operations further comprising: receiving an indication information indicating the reflector to start a sleep mode in which the reflector does not reflect a radio signal received from the access network device or the terminal device.
14. The apparatus according to claim 13, wherein the sending the reflected signal on the communication resource comprises: determining that the second indication information comprises a reflection state matrix index; sending, to the access network device or the terminal device, the reflected signal on the communication resource based on the reflection state matrix index.
(As known in the art, “memory” is an example of a computer readable storage medium.)
15. The apparatus of claim 13, the operations further including: receiving third indication information indicating the reflector to start a sleep mode in which the reflector does not reflect a radio signal received from the access network device or the terminal device.
(As known in the art, “memory” is an example of a computer readable storage medium).
“A later patent claim is not patentably distinct from an earlier patent claim if the later claim is 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 of 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 v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Allowable Subject Matter
Claims 5-6, 8, 11-12, 14, 17 and 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN B CORRIELUS whose telephone number is (571)272-3020. The examiner can normally be reached 10:00AM-3:00PM Monday-Thursday.
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/JEAN B CORRIELUS/Primary Examiner, Art Unit 2633
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