DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The instant application having Application No. 19/343,335 filed on 9/29/2025 is presented for examination by the Examiner. Claims 1-20 are currently pending in the present application.
Priority
As required by M.P.E.P. 201.14(c), acknowledgement is made of Applicant's claim for priority as a CON of 18/443,503 filed on 02/16/2024 now Patent 12,436,837 B2; which is a CON of 17/663,299 filed on 05/13/2022 now Patent 11,907,060 B2; which is a CIP of 16/921,451 filed on 07/06/2020 now Patent 11,334,425 B2; which is a CON of 16/279,172 filed on 02/19/2019 now Abandon; which is a CIP of 15/629,134 filed on 06/21/2017 now Patent 10,235,237 B2; which is a CIP of 14/954,836 filed on 11/30/2015 now Patent 9,715,425 B2; which is a CON of 13/565,636 filed on 08/02/2012 now Patent 9,213,742 B2; which has PRO 61/531,317 filed on 09/06/2011.
Drawings
The Applicant's drawings filed on 9/29/2025 are acceptable for examination purpose.
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, 11 and 20 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11 and 20 of the US Patent Number 12,436,837 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims 1, 11 and 20 of the US Patent Number 12,436,837 B2 contain every element of claims 1, 11 and 20 of the instant application respectively and as such anticipate(s) claims 1, 11 and 20 of the instant application (see i.e., table below).
Initially, it should be noted that the instant application and the U.S. Patent number 12,436,837 B2 have the same inventive entities. The inventor and/or assignee for the US Patent and the instant application are Gary W. Grube and Timothy W. Markison as the inventors, and Pure Storage, Inc. as the assignee.
Instant Application
US Patent 12,436,837 B2
Claim 1:
A method comprises:
receiving a first data stream for transmission to a mobile receiving entity;
receiving a second data stream for simultaneous transmission to the mobile receiving entity;
dividing a portion of the first data stream into a first plurality of data blocks;
dividing a portion of the second data stream into a second plurality of data blocks, wherein the portion of the first data stream is time aligned with the portion of the second data stream;
creating a data matrix from the first and second plurality of data blocks;
transmitting, based on the data matrix, a first data block from each of the first and second plurality of data blocks to a first relay unit; and
transmitting, based on the data matrix, a second data block from each of the first and second plurality of data blocks to a second relay unit.
Claim 1:
A method comprises:
receiving a first data stream for transmission to a mobile receiving entity;
segmenting the first data stream to produce a first plurality of data segments;
receiving a second data stream, the second data stream including location information for the mobile receiving entity;
segmenting the second data stream to produce a second plurality of data segments;
dividing a data segment of the first plurality of data segments into a first plurality of data blocks;
dividing a data segment of the second plurality of data segments into a second plurality of data blocks, wherein the data segment of the first plurality of data segments is time aligned with the data segment of the second plurality of data segments;
creating a data matrix from the first and second plurality of data blocks;
transmitting, based on the data matrix, a first data block from each of the first and second plurality of data blocks to a first relay unit; and
transmitting, based on the data matrix, a second data block from each of the first and second plurality of data blocks to a second relay unit.
Claim 11:
A computing device comprises:
one or more network interfaces;
memory including operational instructions; and
a processing module operably coupled to the memory and the one or more network interfaces, the processing module configured to execute the operational instructions to:
receive a first data stream for transmission to a mobile receiving entity;
receive a second data stream for simultaneous transmission to the mobile receiving entity;
divide a portion of the first plurality of data segments into a first plurality of data blocks, wherein the portion of the first data stream is time aligned with the portion of the second data stream;
create a data matrix from the first and second plurality of data blocks;
transmit, based on the data matrix, a first data block from each of the first and second plurality of data blocks to a first relay unit; and
transmit, based on the data matrix, a second data block from each of the first and second plurality of data blocks to a second relay unit.
Claim 11:
A computing device comprises:
one or more network interfaces;
memory including operational instructions; and
a processing module operably coupled to the memory and the one or more network interfaces, the processing module configured to execute the operational instructions to:
receive a first data stream for transmission to a mobile receiving entity;
segment the data stream to produce a first plurality of data segments;
receive a second data stream, the second data stream including location information for the mobile receiving entity;
segment the second data stream to produce a second plurality of data segments;
divide a data segment of the first plurality of data segments into a first plurality of data blocks;
divide a data segment of the second plurality of data segments into a second plurality of data blocks, wherein the data segment of the first plurality of data segments is time aligned with the data segment of the second plurality of data segments;
create a data matrix from the first and second plurality of data blocks;
transmit, based on the data matrix, a first data block from each of the first and second plurality of data blocks to a first relay unit; and
transmit, based on the data matrix, a second data block from each of the first and second plurality of data blocks to a second relay unit.
Claim 20:
A system for transmitting data to a mobile receiver comprises:
a first data source configured to provide a first data stream, wherein the first data stream includes a first plurality of data blocks;
a second data source configured to provide a second data stream, wherein the second data stream includes a second plurality of data blocks;
memory adapted to store a data matrix of the first and second plurality of data blocks, wherein the data matrix is further adapted to include a time alignment of the first and second plurality of data blocks;
a plurality of relay units adapted to transmit wirelessly with the mobile receiver; and
a sending device coupled to the first data source and to the second data source, wherein the sending device is configured to communicate with the plurality of relay units, wherein the sending device is further to configured transmit time aligned data blocks of the first and second plurality of data blocks to the relay units based on the location information associated with the mobile receiver.
Claim 20:
A system for transmitting data to a mobile receiver comprises:
a first data source configured to provide a first data stream, wherein the first data stream includes a first plurality of data blocks;
a second data source configured to provide a second data stream, wherein the second data stream includes location information associated with the mobile receiver, wherein the second data stream includes a second plurality of data blocks;
memory adapted to store a data matrix of the first and second plurality of data blocks, wherein the data matrix is further adapted to include a time alignment of the first and second plurality of data blocks;
a plurality of relay units adapted to transmit wirelessly with the mobile receiver; and
a sending device coupled to the first data source and to the second data source, wherein the sending device is configured to communicate with the plurality of relay units, wherein the sending device is further to configured transmit time aligned data blocks of the first and second plurality of data blocks to the relay units based on the location information associated with the mobile receiver.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per claim 11, the claim recites the limitations of “divide a portion of the first plurality of data segments into a first plurality of data blocks, wherein the portion of the first data stream is time aligned with the portion of the second data stream; create a data matrix from the first and second plurality of data blocks”. There is insufficient antecedent basis for each of the underlined features in the claim. Clarifications or corrections are respectfully required.
Note, the dependent claims 12-19 are also rejected because they depend on and/or do not remedy the deficiencies inherited by the parent claim 11.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and a terminal disclaimer is filed to overcome the double patenting rejection as set forth in this Office action.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
After conducting different searches in PE2E - SEARCH, Similarity and More Like Doc Searches, Google Scholar, and IP.Com, it appears that none of prior arts discloses, teaches or fairly suggests the limitations as a whole in the independent claims 1, 11 and 20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2011/0243085 A1 by Seo et al. teaches cooperative transmission performed by a transmitter having a multi-antenna in a multi-cell is provided. A first data stream is transmitted to a first base station through a first data layer, and A second data stream is transmitted to a second base station through a second data layer. The first data stream and the second data stream may be generated from different codewords and are respectively mapped to the first data layer and the second data layer.
WO 2012028641 A1 by Balercia et al. teaches a mobile communication system is provided comprising a base station, a relay station, and a mobile station, a determiner configured to determine the distance between the mobile station and the base station or between the mobile station and the relay station, a decider configured to decide whether data transmission between the base station and the mobile station is carried out in a first relaying mode or a second relaying mode based on the determined distance and a controller configured to control the mobile communication system based on the result of the decision by the decider.
US 10,200,156 B2 by Gladwin et al. teaches computing device alternatingly sends a stream of data to a first or second processing device. When receiving the stream of data, the first processing device performs a first portion of a dispersed storage error encoding function on the received stream of data to produce a plurality of sets of a threshold number of slices and writes the plurality of sets of the threshold number of slices into first memory of a dispersed storage network (DSN). When not receiving the stream of data, the first processing device reads the plurality of sets of the threshold number of slices from the first memory, performs a second portion of the dispersed storage error encoding function using the plurality of sets of the threshold number of slices to produce a plurality of sets of redundancy slices, and writes the plurality of sets of redundancy slices into second DSN memory.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bai D. Vu whose telephone number is (571) 270-1751. The examiner can normally be reached 9:00 - 5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tony Mahmoudi can be reached at (571) 272-4078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BAI D VU/Primary Examiner, Art Unit 2163 9/3/2026
Prosecution Insights