www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/242,626
`
`04/28/2021
`
`JOACHIM LOEHR
`
`731456.490C3
`
`2840
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`OBAYANJU, OMONIYI
`
`ART UNIT
`
`2645
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/15/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-16 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-16 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s) filed on 04/28/2021 is/are: a)[¥) accepted or b)(. objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220909
`
`Application No.
`Applicant(s)
`17/242,626
`LOEHR etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`OMONIY! OBAYANJU
`2645
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 10/29/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/242,626
`Art Unit: 2645
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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 actualor 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
`
`

`

`Application/Control Number: 17/242,626
`Art Unit: 2645
`
`Page 3
`
`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 seg.for
`
`applications not subject to examination under the first inventor to file provisions of the
`
`AlA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
`
`The USPTO Internet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-|.jsp.
`
`Claims 1-16 rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-10 of U.S. Patent No. 11,025,554. Although the claims at
`
`issue are not identical, they are not patentably distinct from each other because all the
`
`claimedlimitations recited in the present application are transparently found in the U.S.
`
`Patent No. 11,025,554 with obvious wording variations. Take an example of comparing
`
`claim 1 of pending application and claim 9 of the U.S. Patent No. 11,025,554:
`
`Pending Application 17/242626
`
`U.S. Patent No. 11,025,554
`
`

`

`Application/Control Number: 17/242,626
`Art Unit: 2645
`
`Page 4
`
`1. Acommunication apparatus
`
`9. Acommunication apparatus
`
`comprising: circuitry, which, in operation,
`
`comprising: circuitry, which, in operation,
`
`obtains one or more quality of service
`
`obtains one or more quality of service
`
`configurations provisioned in the
`
`configurations provisioned in the
`
`communication apparatus; forwards
`
`communication apparatus; generates
`
`vehicular data together with a priority
`
`vehicular data in an application layer
`
`indication from an application layer to a
`
`and forwards the vehicular data together
`
`transmission layer; determines, in the
`
`with a priority indication to a transmission
`
`transmission layer, one of the one or more
`
`layer; determines, in the transmission layer,
`
`in case different sidelink logical
`
`quality of service configurations depending
`
`one of the one or more quality of service
`
`on the priority indication forwarded from
`
`configurations depending on the priority
`
`the application layer; and performs
`
`indication forwarded from the application
`
`autonomous radio resource allocation for
`
`layer; and performs autonomous radio
`
`transmitting the vehicular data via a
`
`resource allocation for transmitting the
`
`sidelink interface based on the determined
`
`vehicular data via a sidelink interface based
`
`one quality of service configuration, and a
`
`on the determined one quality of service
`
`transmitter, which is coupled to the
`
`configuration, and a transmitter, which is
`
`circuitry and which, in operation, transmits
`
`coupledto the circuitry and which, in
`
`the vehicular data via the sidelink interface
`
`operation, transmits the vehicular data via
`
`to one or more receiving apparatuses
`
`the sidelink interface to one or more
`
`according to the autonomous radio
`
`receiving apparatuses according to the
`
`resource allocation, wherein,
`
`in case
`
`autonomous radio resource allocation,
`
`different sidelink logical channels are
`
`wherein,
`
`

`

`Application/Control Number: 17/242,626
`Art Unit: 2645
`
`Page 5
`
`multiplexed in one transport block (TB) to|channels are multiplexed in one transport
`
`transmit the vehicular data, transmission of|block (TB) to transmit the vehicular data,
`
`the TB via the sidelink interface is
`
`transmission of the TB via the sidelink
`
`priority indications.
`
`
`
`performed based onasidelink logical interface is performed based on a sidelink
`
`channel associated with a highest priority
`
`logical channel associated with the highest
`
`indication among the different sidelink
`
`priority indication among the different
`
`logical channels associated with priority
`
`sidelink logical channels associated with
`
`indications.
`
`The claims of the instant application encompass the same subject matter
`
`except the limitations as indicated above. Therefore, the instant application claim is
`
`anticipated by the claims of U.S. Patent No. 11,025,554.
`
`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,
`
`

`

`Application/Control Number: 17/242,626
`Art Unit: 2645
`
`Page 6
`
`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 actualor 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 seg.for
`
`applications not subject to examination under the first inventor to file provisions of the
`
`AlA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
`
`The USPTO Internet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-|.jsp.
`
`Claims 1-16 rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-16 of U.S. Patent No. 10,757,030. Although the claims at
`
`issue are not identical, they are not patentably distinct from each other because all the
`
`claimedlimitations recited in the present application are transparently found in the U.S.
`
`

`

`Application/Control Number: 17/242,626
`Art Unit: 2645
`
`Page 7
`
`Patent No. 10,757,030 with obvious wording variations. Take an example of comparing
`
`claim 1 of pending application and claim 1 of the U.S. Patent No. 10,757,030:
`
`Pending Application 17/242626
`
`U.S. Patent No. 10,757,030
`
`1. Acommunication apparatus
`
`A transmitting device comprising:
`
`comprising: circuitry, which, in operation,
`
`circuitry, which, in operation, obtains one
`
`obtains one or more quality of service
`
`or more quality of service configurations
`
`configurations provisioned in the
`
`provisioned to the transmitting device by a
`
`communication apparatus; forwards
`
`network; generates vehicular data in an
`
`which, in operation, transmits the vehicular
`
`vehicular data together with a priority
`
`application layer and forwards the
`
`indication from an application layer to a
`
`vehicular data together with a priority
`
`transmission layer; determines, in the
`
`indication to a transmission layer;
`
`transmission layer, one of the one or more
`
`determines, in the transmission layer, one
`
`quality of service configurations depending
`
`of the one or more quality of service
`
`on the priority indication forwarded from
`
`configurations depending on the priority
`
`the application layer; and performs
`
`indication forwarded from the application
`
`autonomous radio resource allocation for
`
`layer; and performs autonomousradio
`
`transmitting the vehicular data via a
`
`resource allocation for transmitting the
`
`sidelink interface based on the determined
`
`vehicular data via a sidelink interface based
`
`one quality of service configuration, and a
`
`on the determined one quality of service
`
`transmitter, which is coupled to the
`
`configuration, and a transmitter,
`
`circuitry and which, in operation, transmits
`
`which is coupled to the circuitry and
`
`the vehicular data via the sidelink interface
`
`

`

`Application/Control Number: 17/242,626
`Art Unit: 2645
`
`Page 8
`
`to one or more receiving apparatuses
`
`data via the sidelink interface to one or
`
`according to the autonomous radio
`
`more receiving devices according to the
`
`resource allocation, wherein,
`
`in case
`
`autonomous radio resource allocation,
`
`different sidelink logical channels are
`
`wherein,
`
`in case different sidelink logical
`
`multiplexed in one transport block (TB) to|channels are multiplexed in one transport
`
`transmit the vehicular data, transmission of|block (TB) to transmit the vehicular data,
`
`the TB via the sidelink interface is
`
`transmission of the TB via the sidelink
`
`
`
`performed based onasidelink logical interface is performed based on a sidelink
`
`priority indications.
`
`channel associated with a highest priority
`
`logical channel associated with the highest
`
`indication among the different sidelink
`
`priority indication among the different
`
`logical channels associated with priority
`
`sidelink logical channels associated with
`
`indications.
`
`The claims of the instant application encompass the same subject matter
`
`except the instant of word variations as indicated above. Therefore, the instant
`
`application claim is anticipated by the claims of U.S. Patent No. 10,757,030.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to OMONIY! OBAYANJU whosetelephone numberis
`
`(571)270-5885. The examiner can normally be reached MThur 10:30-7pm.
`
`

`

`Application/Control Number: 17/242,626
`Art Unit: 2645
`
`Page 9
`
`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:/AWwww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, ANTHONY S ADDYcan be reached on (571) 272-7795. 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 Centeris
`
`available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: httos://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
`
`center for more information about Patent Center and
`
`https :/;www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
`
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`
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`
`If you would like assistance from a USPTO CustomerService
`
`Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/OMONIYI OBAYANJU/
`Primary Examiner, Art Unit 2645
`
`