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.
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 1-7 and 11-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. US 12,355,509 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because (See mapping below).
Regarding claims 1 and 11 (Instant Application), claim 1 and 7 (U.S. 12,355,509 B2) substantially disclose the corresponding claim limitations as highlighted in the table below.
As can be seen, the slight difference is that the instant application claim recites “receiving the reference signals…..and selecting a preferred subset of cells” in lieu of “receiving the reference signals according to the first configuration information…. and selecting a subset of cells” recited in claims of the U.S. Patent No. US 12,355,509 B2.
The minor difference would be obvious to one skilled in the art since each of the respective elements perform the same function. The obvious variation in the wording does not change claim scope.
19/232,440 (instant application)
US 12,355,509 B2
1. A method implemented in a wireless transmit-receive unit (WTRU), the method comprising:
receiving first configuration information related to a set of cells of a configurable reflective surface and related to a configuration of reference signals;
receiving the reference signals;
selecting, based on one or more measurements performed by the WTRU on the received reference signals, a preferred subset of cells of the configurable reflective surface to enhance reception at the WTRU;
and transmitting a reporting message comprising information identifying the selected preferred subset of cells.
1. A method implemented in a wireless transmit-receive unit (WTRU) the method comprising:
receiving first configuration information indicating a configuration of reference signals and second configuration information indicating a configuration of reference information associated with a set of cells of a configurable reflective surface;
receiving the reference signals according to the first configuration information;
selecting, based on measurements performed by the WTRU on the received reference signals, a subset of cells of the configurable reflective surface from the reference information;
and transmitting a reporting message comprising information related to the selected subset of cells of the configurable reflective surface.
11. (New) A wireless transmit-receive unit (WTRU) device, comprising at least one processor configured to:
receive configuration information related to a set of cells of a configurable reflective surface and related to a configuration of reference signals; receive the reference signals;
select, based on one or more measurements performed by the WTRU device on the received reference signals, a preferred subset of cells of the configurable reflective surface to enhance reception at the WTRU device;
and transmit a reporting message comprising information identifying the selected preferred subset of cells..
7. A wireless transmit-receive unit (WTRU) device, the WTRU device comprising at least one processor configured to:
receive first configuration information indicating a configuration of reference signals and second configuration information indicating a configuration of reference information associated with a set of cells of a configurable reflective surface; receive the reference signals according to the first configuration information;
select, based on measurements performed by the WTRU device on the received reference signals, a subset of cells of the configurable reflective surface from the reference information;
and transmit a reporting message comprising information related to the selected subset of cells of the configurable reflective surface.
Regarding claim 2 (instant application), claims 1 and 2 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 3 (instant application), claim 2 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 4 (instant application), claim 3 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 5 (instant application), claim 4 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 6 (instant application), claim 5 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 7 (instant application), claim 6 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 8 (instant application), claim 8 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 9 (instant application), claim 9 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 11 (instant application), claim 11 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 12 (instant application), claim 12 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 13 (instant application), claim 13 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 14 (instant application), claim 14 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 15 (instant application), claim 15 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 16 (instant application), claim 16 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 17 (instant application), claim 17 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 19 (instant application), claim 19 (US 12,355,509 B2) substantially disclose similar claim limitations.
Regarding claim 20 (instant application), claim 20 (US 12,355,509 B2) substantially disclose similar claim limitations.
Allowable Subject Matter
Claims 1-7 and 11-17 would be allowable if a terminal disclaimer is filed to overcome the double patenting rejection(s) in compliance with 37 CFR 1.321(b) , set forth in this Office action.
Claims 8-10 and 18-20 are objected but would be allowable if a terminal disclaimer is filed to overcome the double patenting rejection(s) in compliance with 37 CFR 1.321(b) , set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20250184780 A1 or US 20230030324 A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL BAYARD whose telephone number is (571)272-3016. The examiner can normally be reached 6-9.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahn K Sam can be reached at 571-272-3044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL BAYARD/Primary Examiner, Art Unit 2633
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