The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
Claim Rejections - 35 USC § 102
2. The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
3. Claims 21-28 rejected under pre-AIA 35 U.S.C. 102b as being anticipated by Kim (US 7,123,887).
Referring to Claim 21, Kim (US 7,123,887) teaches an adaptive communication method of a transmitter for transmitting data to a receiver through a wireless channel in a wireless communication system, comprising:
transmitting from the transmitter a signal to the receiver through the wireless channel (see col. 2, lines 38-42); and
receiving a feedback signal from the receiver, the feedback signal including a parameter from the receiver through the wireless channel (see Feedback in fig. 1), the parameter being for adaptive transmit based on the signal transmitted from the transmitter and being to be used for supporting determination of whether or not to use a transmit mode by the transmitter (see col. 3, lines 7-19), wherein the parameter includes channel coding information and space time block code (STBC) information derived from at least channel estimates determined at the receiver (see col. 4, lines 1-19).
Claim 24 has similar limitations as claim 21.
Referring to Claims 22 and 25, Kim (US 7,123,887) also teaches the STBC information indicating whether or not to use an STBC method (see col. 3, lines 7-19).
Referring to Claims 23 and 26, Kim (US 7,123,887) also teaches the wireless channel is a multiple input multiple output (MIMO) channel (see col. 3, lines 7-19).
Referring to Claims 27 and 28, Kim (US 7,123,887) also teaches the STBC information including an STBC performance parameter showing characteristics of a MIMO channel (see col. 3, lines 7-19).
Response to Arguments
4. Applicant's arguments filed 8/20/2015 have been fully considered but they are not persuasive.
The 102 rejection was maintained because the filing cannot change from a 35 111(a) continuation of a Reissue to a 35 USC 251 continuation reissue by just filing and ADS. A petition needs to be filed to change filing under 37 CFR 1.182. The petition under 37 CFR 1.182 needs to be filed including indicia upon filing the application that this application was intended to be filed as a 35 USC 251 continuation Reissue.
Note: indicia that they intended to file a 35 USC 251 continuation reissue at the time of filing is outlined in MPEP 1451 as stated below:
Indicia that a continuing reissue application is being filed are: PNG media_image1.png 18 19 media_image1.png Greyscale
1. A 37 CFR 1.175 reissue oath/declaration, which is not merely a copy of the parent’s reissue oath/declaration. PNG media_image1.png 18 19 media_image1.png Greyscale
2. A specification and/or claims in proper double column reissue format per 37 CFR 1.173. PNG media_image1.png 18 19 media_image1.png Greyscale
3. Amendments in proper format per 37 CFR 1.175. PNG media_image1.png 18 19 media_image1.png Greyscale
4. A 37 CFR 3.73 statement of assignee ownership and consent by assignee. PNG media_image1.png 18 19 media_image1.png Greyscale
5. A correct transmittal letter identifying the application as a reissue filing under 35 U.S.C. § 251. It is recommended that Form PTO/AIA /50 be used. PNG media_image1.png 18 19 media_image1.png Greyscale
6. An identification of the application as being "a reissue continuation of application number [the parent reissue application]" or "a continuation and reissue of application number [the parent reissue application]" or equivalent language, rather than being "a continuation of reissue application number [the parent reissue application]."
None of which appears evident.
Another option is to file a new application as a continuation reissue. However, the applicant would not be entitled to a broadening reissue filed within two years of the original patent and therefore risk rejection of all broadened claims under 35 USC 251 as broadening claims more than two years after patent grant.
Conclusion
5. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUGENE YUN whose telephone number is (571)272-7860. The examiner can normally be reached on 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nay Maung can be reached on (571)272-7882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Eugene Yun
Primary Examiner
Art Unit 2647
/EUGENE YUN/
Primary Examiner, Art Unit 2647
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