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 .
This action is in response to the RCE filed on 7/28/2026.
Claims 1-15 are amended.
The Applicant was contacted on 9/22/2026 and was informed regarding the Double Patenting rejection for the recently issued Patent Application No. 1919/463,659 (Notice of Allowance mailed on 9/15/2026). Please refer to the Interview Summary for details.
The 35 U.S.C. 122(b) rejection for claims 1-15 has been withdrawn, based on the amendment.
Claims 1-15 are examined and rejected.
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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Independent Claims 1, 6 and 11 rejected on the ground of nonstatutory double patenting as being unpatentable over claims (1-3), (6-8), (11-13) respectively of U.S. Application No. 19/463,659 (Notice of Allowance mailed on 9/15/2026). Although the claims at issue are not identical, they are not patentably distinct from each other because although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1 is generic to all that is recited in claim 1 of the U.S. Application No. 19/463,659 (Notice of Allowance mailed on 9/15/2026). That is, claim 1 is anticipated by claims 1-3 of the U.S. Application No. 19/463,659 (Notice of Allowance mailed on 9/15/2026).
Representative Claim 1 of the instant application is directed to method of UE, the UE supports control plane cellular internet of things (CIoT) evolved packet system (EPS) optimization with overhead reduction, setting a control plane CIoT EPS optimization with overhead reduction bit to "control plane CIoT EPS optimization with overhead reduction supported" in capability information; transmitting an attach request message including the capability information; receiving a response message, wherein based on that the UE supports the control plane CIoT EPS optimization with overhead reduction, based on that a network node supports and accepts the control plane CIoT EPS optimization with overhead reduction and based on that the response message is an attach accept message, the attach accept message includes an EPS network feature support information which indicates "control plane CIoT EPS optimization with overhead reduction supported"; based on that the UE supports a store and forward (S&F) operation and the network node is operating in a S&F mode, receiving a service accept message including a S&F satellite operation parameter, wherein the S&F satellite operation parameter includes at least one of a S&F wait time duration and an estimated uplink delivery time duration; and based on that the S&F satellite operation parameter includes the S&F wait time duration, starting a first timer based on a value of the S&F wait time duration, wherein while the first timer is running, the UE does not initiate a non-access stratum (NAS) procedure over a S&F satellite cell in a tracking area of a tracking area identity (TAI) list, unless the S&F satellite cell broadcasts the same satellite identity (ID) broadcasted by the S&F satellite cell, and wherein based on that the service accept message includes the value for the T3448 timer and based on that the value for the T3448 timer indicates that the T3448 timer is either zero or deactivated, the UE considers this case as an abnormal case and performs a procedure for a situation where the value for the T3448 timer is not present.
Claims (1-3) of the U.S. Application No. 19/463,659 (Notice of Allowance mailed on 9/15/2026) are directed to a method of UE, if the UE supports control plane cellular internet of things (CIoT) evolved packet system (EPS) optimization with overhead reduction, setting a control plane CIoT EPS optimization with overhead reduction bit to "control plane CIoT EPS optimization with overhead reduction supported" in capability information; transmitting a tracking area update message including the capability information; if the UE supports a store and forward (S&F) operation and the network node is operating in a S&F mode, receiving a service accept message including a S&F satellite operation parameter, wherein the S&F satellite operation parameter includes at least one of a S&F wait time duration and an estimated uplink delivery time duration; and if the S&F satellite operation parameter includes the S&F wait time duration, starting a first timer based on a value of the S&F wait time duration, wherein while the first timer is running, the UE does not initiate a non-access stratum (NAS) procedure over a S&F satellite cell in a tracking area of a tracking area identity (TAI) list, unless the S&F satellite cell broadcasts a same satellite identity (ID) broadcasted by the S&F satellite cell and cell from which the service accept message was received wherein the control plane CIoT EPS optimization with overhead reduction bit is ignored if a control plane CIoT EPS optimization bit is set to zero (0)…. if the service accept message includes a value for a T3448 timer, stopping the timer T3448 and considering a transport of user data via a control plane as successful… wherein if the value for the T3448 timer indicates that the T3448 timer is either zero or deactivated, the UE considers this case as an abnormal case and proceeds as if the value for the T3448 timer is not included.
Independent Claims 1, 6 and 11 rejected on the ground of nonstatutory double patenting as being unpatentable over claims (1-3), (5-7), (9-11) respectively of U.S. Patent. 12/666,282 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1 is generic to all that is recited in claim 1 of the U.S. Patent. 12/666,282 B2. That is, claim 1 is anticipated by claims 1-3 of the U.S. Patent. 12/666,282 B2.
Representative Claim 1 of the instant application is directed to method of UE, the UE supports control plane cellular internet of things (CIoT) evolved packet system (EPS) optimization with overhead reduction, setting a control plane CIoT EPS optimization with overhead reduction bit to "control plane CIoT EPS optimization with overhead reduction supported" in capability information; transmitting an attach request message including the capability information; receiving a response message, wherein based on that the UE supports the control plane CIoT EPS optimization with overhead reduction, based on that a network node supports and accepts the control plane CIoT EPS optimization with overhead reduction and based on that the response message is an attach accept message, the attach accept message includes an EPS network feature support information which indicates "control plane CIoT EPS optimization with overhead reduction supported"; based on that the UE supports a store and forward (S&F) operation and the network node is operating in a S&F mode, receiving a service accept message including a S&F satellite operation parameter, wherein the S&F satellite operation parameter includes at least one of a S&F wait time duration and an estimated uplink delivery time duration; and based on that the S&F satellite operation parameter includes the S&F wait time duration, starting a first timer based on a value of the S&F wait time duration, wherein while the first timer is running, the UE does not initiate a non-access stratum (NAS) procedure over a S&F satellite cell in a tracking area of a tracking area identity (TAI) list, unless the S&F satellite cell broadcasts the same satellite identity (ID) broadcasted by the S&F satellite cell, and wherein based on that the service accept message includes the value for the T3448 timer and based on that the value for the T3448 timer indicates that the T3448 timer is either zero or deactivated, the UE considers this case as an abnormal case and performs a procedure for a situation where the value for the T3448 timer is not present.
Claims (1-3) of the U.S. Patent. 12/666,282 B2 are directed to method of user equipment (UE), comprising when the UE supports control plane cellular internet of things (CIoT) evolved packet system (EPS) optimization with overhead reduction, transmitting a first message including capability information in which a control plane CIoT EPS optimization with overhead reduction bit is set, wherein the control plane CIoT EPS optimization with overhead reduction bit is ignored when a control plane CIoT EPS optimization bit is set to zero (0); when the UE supports a store and forward (S&F) operation and the network node is operating in a S&F mode, receiving a service accept message including a S&F wait time duration; and starting a first timer based on a value of the S&F wait time duration, wherein while the first timer is running, the UE does not initiate a non-access stratum (NAS) procedure over a S&F satellite cell in a tracking area of a tracking area identity (TAI) list, unless the S&F satellite cell broadcasts a same satellite identity (ID) broadcasted by the S&F satellite cell… if the service accept message includes a value for a T3448 timer, stopping the timer T3448 and considering a transport of user data via a control plane as successful… if the value for the T3448 timer indicates that the T3448 timer is either zero or deactivated, the UE considers this case as an abnormal case and proceeds as if the value for the T3448 timer is not included.
Conclusion
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/DEEPA BELUR/Primary Examiner, Art Unit 2472
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