DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-8 are pending.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 time wise 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used.
Examiner requests Applicant submit an eTerminal Disclaimer in lieu of filing a traditional terminal disclaimer form. 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of prior U.S. Patent No. 12382532. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed and covered by the U.S. Patent No. 12382532.
Regarding claim 1, US12382532 discloses a link adapting method of a V2X communication system performed by a link adapting device which performs link adaptation based on information received from another link adapting device which is a communication target, the method comprising: receiving device state information from another link adapting device; and performing link adaptation with the other link adapting device based on the device state information, wherein the link adaptation is performed by: acquiring device movement speed information based on the device state information, acquiring a weight value using the device movement speed information based on a predetermined maximum speed, acquiring an offset value using the weight value, acquiring a state value using the offset value, and performing the link adaptation based on the state value (Claim 1).
Regarding claim 2, US12382532 discloses wherein the link adapting method is performed by a processor mounted in a first vehicle, the other link adapting device is a second vehicle or a roadside base station terminal which is located in the vicinity of the first vehicle, the device state information includes relative movement information according to relation motion between the first vehicle and the second vehicle or the load side base station terminal, and the link adaptation is performed to determine a step size to adjust a level of a modulation and coding scheme (MCS) for link adaptation using the relative movement information (Claim 2).
Regarding claim 3, US12382532 discloses wherein in the performing of link adaptation, the link adaptation is performed by adjusting a modulation and coding scheme (MCS) level based on the state value(Claim 1).
Regarding claim 4, US12382532 discloses wherein in the performing of link adaptation, the link adaptation is performed by acquiring the MCS level which satisfies a predetermined target block error rate (BLER) from the state value (Claim 1).
Regarding claim 5, US12382532 discloses wherein the device state information comprises a first state information for checking state change of a wireless channel and a second state information for checking a movement speed of a device, and in the performing of link adaptation, the state value is acquired based on the first state information and the second state information (Claim 1).
Regarding claim 6, US12382532 discloses wherein in the performing of link adaptation, the state value is acquired by adding the offset value to an estimation value acquired based on the first state information (Claim 1).
Regarding claim 7, US12382532 discloses wherein in the performing of link adaptation, the weight value is acquired based on the second state information (Claim 1).
Regarding claim 8, US12382532 discloses a link adapting device which performs link adaptation based on information received from another link adapting device which is a communication target, the link adapting device comprising: a RF transceiver which transmits/receives a RF signal; a memory which stores one or more programs to perform the link adaptation; and one or more processors which perform an operation for the link adaptation according to one or more programs stored in the memory, wherein the processor receives device state information from another link adapting device by means of the RF transceiver and performs link adaptation with the other link adapting device based on the device state information, wherein the link adaptation is performed by: acquiring device movement speed information based on the device state information, acquiring a weight value using the device movement speed information based on a predetermined maximum speed, acquiring an offset value using the weight value, acquiring a state value using the offset value, and performing the link adaptation based on the state value(Claim 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDELILLAH ELMEJJARMI whose telephone number is (571)270-1656. The examiner can normally be reached on Mon-Fri: 8AM-5PM EST.
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Respectfully submitted,
/ABDELILLAH ELMEJJARMI/
Primary Examiner, Art Unit 2462
