DETAILED ACTION
Claims 1-14 are presented for examination.
Claim 1 is amended.
Claims 2-14 are new.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Drawings
The drawings were received on 05/30/2025. These drawings are acceptable.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/30/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested:
TERMINAL DEVICE, BASE STATION DEVICE, CONTROL METHOD, AND STORAGE MEDIUM FOR CONTROLLING THE TRANSMISSION OF SIGNALS
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.
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.
Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,328,732.
Note that the applicant filing of the continuing application is voluntary and not the direct, unmodified result of restriction requirement under 35 U.S.C. 121 (i.e. without a restriction requirement by the examiner) and the claims of the second application are drawn to the “same invention” as the first application or patent. Moreover, although the conflicting claims are not identical, they are not patentably distinct from each other because the claims of the instant application merely broadens the scope of the claims of the Patent by eliminating the elements and their functions of the claims, and the claims of this instant application are therefore and obvious variant thereof.
Instant Application 19/223342
U.S. Patent No. 12,328,732
Claim 1, A terminal device, comprising:
Claim 1, A terminal device, comprising:
one or more processors; and one or more memories that stores a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to at least:
one or more processors; and one or more memories that stores a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to at least:
receive a plurality of scheduling request (SR) settings from a base station, wherein each of the plurality of SR settings corresponds to different combinations of a bandwidth, a time duration, and a periodicity, and each of the plurality of SR settings is capable of being used for transmission of a scheduling request in a cell served by the base station device;
select, in a case where data that is to be transmitted to a base station device is generated, one setting for use in transmission of a scheduling request to the base station device, from among a plurality of settings that correspond to different combinations of a bandwidth, a time duration, and a periodicity and can be used in transmission of the scheduling request wherein each of the plurality of settings is associated with a time offset value indicating a time offset from a reference time; and
select, in a case where data that is to be transmitted to the base station device is generated, one SR setting for use in transmission of the scheduling request to the base station device, from among the plurality of SR settings, wherein the terminal device can select the one SR setting from the plurality of SR settings without receiving from the base station an instruction that designates the one SR setting; and
transmit the scheduling request to the base station device with use of the one setting that was selected.
transmit the scheduling request to the base station device with use of the one SR setting that was selected.
Instant Application 19/223342
U.S. Patent No. 12,328,732
Claim 2, The terminal device according to claim 1, wherein in a case where an uplink grant corresponding to the scheduling request that was transmitted with use of a first setting among the plurality of settings is not received from the base station device, the computer-readable instruction further causing, when executed by the one or more processors, the one or more processors to at least: select a second setting that is different from the first setting from among the plurality of settings, and transmit the scheduling request to the base station device with use of the second setting.
Claim 2, The terminal device according to claim 1, wherein in a case where an uplink grant corresponding to the scheduling request that was transmitted with use of a first SR setting among the plurality of SR settings is not received from the base station device, the computer-readable instruction further causing, when executed by the one or more processors, the one or more processors to at least: select a second SR setting that is different from the first SR setting from among the plurality of SR settings, and transmit the scheduling request to the base station device with use of the second SR setting.
Instant Application 19/223342
U.S. Patent No. 12,328,732
Claim 3, The terminal device according to claim 2, wherein the second setting is selected if the uplink grant is not received from the base station device in a case where the scheduling request was transmitted a predetermined number of times or over a predetermined time period with use of the first setting.
Claim 3, The terminal device according to claim 2, wherein the second SR setting is selected if the uplink grant is not received from the base station device in a case where the scheduling request was transmitted a predetermined number of times or over a predetermined time period with use of the first SR setting.
Instant Application 19/223342
U.S. Patent No. 12,328,732
Claim 4, The terminal device according to claim 2, wherein the time duration corresponding to the first setting is shorter than the time duration corresponding to the second setting, and the bandwidth corresponding to the first setting is wider than the bandwidth corresponding to the second setting.
Claim 4, The terminal device according to claim 2, wherein the time duration corresponding to the first SR setting is shorter than the time duration corresponding to the second SR setting, and the bandwidth corresponding to the first SR setting is wider than the bandwidth corresponding to the second SR setting.
Instant Application 19/223342
U.S. Patent No. 12,328,732
Claim 5, The terminal device according to claim 1, wherein the one setting is selected from among the plurality of settings based on transmission path loss between the base station device and the terminal device.
Claim 5, The terminal device according to claim 1, wherein the one SR setting is selected from among the plurality of SR settings based on transmission path loss between the base station device and the terminal device.
Instant Application 19/223342
U.S. Patent No. 12,328,732
Claim 6, The terminal device according to claim 1, wherein the plurality of settings is received with use of an RRC message that is transmitted by the base station device for establishment of a connection between the base station device and the terminal device.
Claim 6, The terminal device according to claim 1, wherein the plurality of SR settings is received with use of an RRC message that is transmitted by the base station device for establishment of a connection between the base station device and the terminal device.
Claims 7-14 disclose similar limitations to claims 7-14 of the Patent and are therefore rejected for the same reason as indicated above.
Allowable Subject Matter
Claims 1-14 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takeda et al., U.S. Publication No. 20210136794 discloses wherein associations between SR configuration indices and SR periodicities/SR offsets may be configured in the UE by higher layer signaling.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACKIE ZUNIGA ABAD whose telephone number is (571)270-7194. The examiner can normally be reached Monday - Friday, 8:00am - 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IAN MOORE can be reached at 571-272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACKIE ZUNIGA ABAD/ Primary Examiner, Art Unit 2469
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