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 .
Response to Remarks
This Office Action is considered to be fully responsive to the communications filed on 08/21/2025. Claims 1-8 are currently pending in this application.
Response to Arguments
Applicant’s arguments, see Remarks pages 9-10, filed 08/21/2025, with respect to the rejections of claims 1-8 under 35 U.S.C. 102 have been fully considered but are not persuasive. Applicant has amended independent claim 1 to include features from now cancelled claim 9, where these added features include the step of “the communication control method further comprises transmitting, by the user equipment, capability information to the first base station, the capability information indicating that the user equipment has capability for performing a transmission operation to transmit, to the second base station, the first message to notify the first base station of the failure of the radio link via the signaling bearer established between the second base station and the user equipment”, and the specification that “the transmitting the first message to the second base station includes transmitting the first message in response to the transmission operation being configured by the first base station to the user equipment and the failure being detected”, where independent claims 5-8 are also amended in a similar way to include analogous subject matter. Applicant argues on pages 9-10 of Remarks that Khoshnevisan’s capability information message does not indicate the UE’s capability to perform a transmission operation to transmit. However, Examiner disagrees with this opinion, as Khoshnevisan does teach this feature, and a claim mapping has been provided below. The previously cited [0090] of Khoshnevisan teaches that the UE transmits a UE capability information message that includes a parameter that indicates a maximum number of TCI states supported by the UE. These TCI states supported by the UE are understood to show that the UE is capable of performing a transmission. By the broadest reasonable interpretation of the claim language, and the plain meaning of the word ‘indicating’, the cited [0090] of Khoshnevisan does teach that the UE sends capability information which indicates that the UE is capable of performing a transmission. For the reasons stated above, claims 1-8 are rejected under 35 U.S.C. 103 in view of Chen and Khoshnevisan. For more details about any of the above mentioned, please see the Claim Rejections section below.
Examiner would like to note that the claim language ambiguous as to why or how the claimed transmission operation to transmit is being performed by the UE. Upon review of the instant Specification paragraphs [0074], [0081]-[0082], and [Fig. 7], after steps S107 and S108, paragraphs [0074] and [0081]-[0082] explains that the UE may send an RRC message or an RRC Re-Request message to base station 200A (the second base station) “via” the base station 200B (the first base station) for the purpose of recovering the connection. Further, dependent claim 3 is directed towards the UE reestablishing RRC connection. Examiner believes it would be helpful to the clarity of the claim language to amend the independent claims to potentially include some of these features. A possible path could be to amend to specify that the capability information indicates that the UE is capable of performing a transmission to be forwarded by the first base station to the second base station, where the transmission facilitates the recovery of the radio link.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20150133122 A1) and further in view of Khoshnevisan et al (US 20210226688 A1).
Regarding claim 1, Chen teaches
A communication control method for controlling dual connectivity communication in which a user equipment simultaneously communicates with a master node and a secondary node, the communication control method comprising ([Abstract] method for controlling wireless communications; [Fig. 3] and [0021] UE simultaneously connected to master node MeNB and secondary node SeNB):
detecting, by the user equipment, a failure of a radio link between a first base station and the user equipment, the first base station functioning as the master node ([0029] UE detects radio link failure on one of the two nodes (could be either); [Fig. 3] and [0021] network consists of at least UE, master base station, and secondary base station);
transmitting, by the user equipment, a first message to notify the first base station of the failure of the radio link to a second base station via a signaling bearer established between the second base station and the user equipment, the second base station functioning as the secondary node ([0023] process 50 is performed by the UE; [Fig. 5] shows process 50, which includes step 530 of sending a radio link failure cause report (first message to notify RLF) associated with first base station eNB to the second base station eNB; [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the first message includes an information element indicating a type of the failure of the radio link, an information element indicating a measurement result of a radio state of the first base station, and an information element indicating a measurement result of a radio state of the second base station ([0048] RLF cause report indicates different causes (indicated type of failure); [0029] UE sends RLF cause report associated to the eNB (either first or second base station) that is determined to have RLF. It includes an indication of which eNB is not experiencing RLF and which one is (radio state of both base stations)), and
the type of the failure of the radio link includes T310 expired or reaching of maximum number of retransmissions from RLC ([0008] RLF can be detected upon T310 expiry, or upon indication from RLC that the maximum number of retransmissions has been reaches); and
after transmitting the first message, receiving, by the user equipment, another message indicating an RRC configuration transmitted from the second base station via the signaling bearer, the RRC configuration being configured for the user equipment by the first base station to recover communication with the first base station ([0008], [0031]-[0032] cause A indicates a physical radio link problem (such as T310 expiry), and cause B indicates RLC retransmission over maximum retransmission threshold; [0055] and [Fig. 15] after the RLF cause report (first message) which includes causes A/B ([Fig. 15] shows RLF cause report includes causes A/B, and [0055] describes aspects of [Fig. 15]), the second base station forwards second message to UE from first base station (configured by the first base station) which has an activation indication (indicating RRC configuration to recover communication); [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
transmit, to the second base station, the first message to notify the first base station of the failure of the radio link via the signaling bearer established between the second base station and the user equipment ([Fig. 5] UE detects RLF on the first eNB and sends RLF cause report (first message) to the second eNB to indicate RLF associated with the first eNB; [0006] UE can send and receive signaling with the second eNB via a bearer), wherein
the transmitting the first message to the second base station includes transmitting the first message in response to the transmission operation being configured by the first base station to the user equipment and the failure being detected ([Fig. 5] the RLF cause report (in response to RLF; in response to failure being detected) that gets sent to the UE from the second eNB is associated with RLF on the first eNB (configured by the first base station)).
Chen does not explicitly teach the communication control method further comprises transmitting, by the user equipment, capability information to the first base station, the capability information indicating that the user equipment has capability for performing a transmission operation
However, Khoshnevisan does teach the communication control method further comprises transmitting, by the user equipment, capability information to the first base station, the capability information indicating that the user equipment has capability for performing a transmission operation ([0090] UE transmits a UE capability information message, which includes a parameter that indicates a maximum number of TCI states supported by the UE (capability of the UE to perform a transmission operation))
Chen and Khoshnevisan are considered to be analogous to the claimed invention, as they are both in the same field of recovering connection after failure. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Chen to include the teachings of Khoshnevisan where the UE sends a capability information message. The rationale behind this would be to allow at least one or more first default QCL assumptions to be used on the message ([0007] Khoshnevisan).
Regarding claim 2, Chen modified by Khoshnevisan teaches The communication control method according to claim 1, as is described above.
Chen further teaches further comprising:
continuing, by the user equipment, to measure a radio environment for the first base station after the detection of the failure of the radio link ([0035] UE continues to perform measurement for the base station that has been determined to have radio link failure).
Regarding claim 3, Chen modified by Khoshnevisan teaches The communication control method according to claim 1, as is described above.
Chen further teaches further comprising:
starting, by the user equipment, a timer in response to the user equipment transmitting the first message ([0054] the UE starts a timer after sending the RLF cause report (first message)); and
performing, by the user equipment, a procedure for establishing an RRC connection in a case where the timer expires without recovery of communication with the first base station ([0054] when the timer expires, the UE performs RRC a procedure for re-establishing connection).
Regarding claim 4, Chen modified by Khoshnevisan teaches The communication control method according to claim 1, as is described above.
Chen further teaches further comprising:
transmitting, by the first base station, a message for performing a handover in response to the first message ([0059] the first base station MeNB sends a handover request (message for performing a handover) after the cause report is sent and RLF is detected (in response to the first message)).
Regarding claim 5, Chen teaches
A user equipment comprising a controller configured to perform dual connectivity communication in which the user equipment simultaneously communicates with a master node and a secondary node ([0022] UE contains a processor (controller); [Fig. 3] and [0021] UE simultaneously connected to master node MeNB and secondary node SeNB), wherein
the controller is configured to ([0022] UE contains a processor (controller)):
detect, a failure of a radio link between a first base station and the user equipment, the first base station functioning as the master node ([0029] UE detects radio link failure on one of the two nodes (could be either); [Fig. 3] and [0021] network consists of at least UE, master base station, and secondary base station);
transmit, a first message to notify the first base station of the failure of the radio link to a second base station via a signaling bearer established between the second base station and the user equipment, the second base station functioning as the secondary node ([0023] process 50 is performed by the UE; [Fig. 5] shows process 50, which includes step 530 of sending a radio link failure cause report (first message to notify RLF) associated with first base station eNB to the second base station eNB; [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the first message includes an information element indicating a type of the failure of the radio link, an information element indicating a measurement result of a radio state of the first base station, and an information element indicating a measurement result of a radio state of the second base station ([0048] RLF cause report indicates different causes (indicated type of failure); [0029] UE sends RLF cause report associated to the eNB (either first or second base station) that is determined to have RLF. It includes an indication of which eNB is not experiencing RLF and which one is (radio state of both base stations)), and
the type of the failure of the radio link includes T310 expired or reaching of maximum number of retransmissions from RLC ([0008] RLF can be detected upon T310 expiry, or upon indication from RLC that the maximum number of retransmissions has been reaches); and
receive, another message indicating an RRC configuration transmitted from the second base station via the signaling bearer, the RRC configuration being configured for the user equipment by the first base station to recover communication with the first base station ([0008], [0031]-[0032] cause A indicates a physical radio link problem (such as T310 expiry), and cause B indicates RLC retransmission over maximum retransmission threshold; [0055] and [Fig. 15] after the RLF cause report (first message) which includes causes A/B ([Fig. 15] shows RLF cause report includes causes A/B, and [0055] describes aspects of [Fig. 15]), the second base station forwards second message to UE from first base station (configured by the first base station) which has an activation indication (indicating RRC configuration to recover communication); [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the controller is further configured to transmit, to the second base station, the first message to notify the first base station of the failure of the radio link via the signaling bearer established between the second base station and the user equipment ([Fig. 5] UE detects RLF on the first eNB and sends RLF cause report (first message) to the second eNB to indicate RLF associated with the first eNB; [0006] UE can send and receive signaling with the second eNB via a bearer),
the controller is further configured to transmit the first message to the second base station in response to the transmission operation being configured by the first base station to the user equipment and the failure of the radio link between the first base station and the user equipment being detected ([Fig. 5] the RLF cause report (in response to RLF; in response to failure being detected) that gets sent to the UE from the second eNB is associated with RLF on the first eNB (configured by the first base station)).
Chen does not explicitly teach the controller is further configured to transmit capability information to the first base station, the capability information indicating that the user equipment has capability for performing a transmission operation to transmit,
However, Khoshnevisan does teach the controller is further configured to transmit capability information to the first base station, the capability information indicating that the user equipment has capability for performing a transmission operation to transmit ([0090] UE transmits a UE capability information message, which includes a parameter that indicates a maximum number of TCI states supported by the UE (capability of the UE to perform a transmission operation)),
Chen and Khoshnevisan are considered to be analogous to the claimed invention, as they are both in the same field of recovering connection after failure. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Chen to include the teachings of Khoshnevisan where the UE sends a capability information message. The rationale behind this would be to allow at least one or more first default QCL assumptions to be used on the message ([0007] Khoshnevisan).
Regarding claim 6, Chen teaches
A chipset for controlling a user equipment configured to perform dual connectivity communication in which the user equipment simultaneously communicates with a master node and a secondary node, the chipset comprising: a processor and a memory coupled to the processor, the processor configured to execute processes of ([0022] UE contains processing means that can include microprocessor, ASIC, storage, and communication interfacing unit (chipset); [Fig. 3] and [0021] UE simultaneously connected to master node MeNB and secondary node SeNB):
detecting, a failure of a radio link between a first base station and the user equipment, the first base station functioning as the master node ([0029] UE detects radio link failure on one of the two nodes (could be either); [Fig. 3] and [0021] network consists of at least UE, master base station, and secondary base station);
transmitting, a first message to notify the first base station of the failure of the radio link to a second base station via a signaling bearer established between the second base station and the user equipment, the second base station functioning as the secondary node ([0023] process 50 is performed by the UE; [Fig. 5] shows process 50, which includes step 530 of sending a radio link failure cause report (first message to notify RLF) associated with first base station eNB to the second base station eNB; [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the first message includes an information element indicating a type of the failure of the radio link, an information element indicating a measurement result of a radio state of the first base station, and an information element indicating a measurement result of a radio state of the second base station ([0048] RLF cause report indicates different causes (indicated type of failure); [0029] UE sends RLF cause report associated to the eNB (either first or second base station) that is determined to have RLF. It includes an indication of which eNB is not experiencing RLF and which one is (radio state of both base stations)), and
the type of the failure of the radio link includes T310 expired or reaching of maximum number of retransmissions from RLC ([0008] RLF can be detected upon T310 expiry, or upon indication from RLC that the maximum number of retransmissions has been reaches); and
receiving, another message indicating an RRC configuration transmitted from the second base station via the signaling bearer, the RRC configuration being configured for the user equipment by the first base station to recover communication with the first base station ([0008], [0031]-[0032] cause A indicates a physical radio link problem (such as T310 expiry), and cause B indicates RLC retransmission over maximum retransmission threshold; [0055] and [Fig. 15] after the RLF cause report (first message) which includes causes A/B ([Fig. 15] shows RLF cause report includes causes A/B, and [0055] describes aspects of [Fig. 15]), the second base station forwards second message to UE from first base station (configured by the first base station) which has an activation indication (indicating RRC configuration to recover communication); [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the processor is further configured to transmit, to the second base station, the first message to notify the first base station of the failure of the radio link via the signaling bearer established between the second base station and the user equipment ([Fig. 5] UE detects RLF on the first eNB and sends RLF cause report (first message) to the second eNB to indicate RLF associated with the first eNB; [0006] UE can send and receive signaling with the second eNB via a bearer),
the processor is configured to transmit the first message to the second base station in response to the transmission operation being configured by the first base station to the user equipment and the failure of the radio link between the first base station and the user equipment being detected ([Fig. 5] the RLF cause report (in response to RLF; in response to failure being detected) that gets sent to the UE from the second eNB is associated with RLF on the first eNB (configured by the first base station)).
Chen does not explicitly teach the processor is further configured to execute processes of: transmitting capability information to the first base station, the capability information indicating that the user equipment has capability for performing a transmission operation to transmit,
However, Khoshnevisan does teach the processor is further configured to execute processes of: transmitting capability information to the first base station, the capability information indicating that the user equipment has capability for performing a transmission operation to transmit ([0090] UE transmits a UE capability information message, which includes a parameter that indicates a maximum number of TCI states supported by the UE (capability of the UE to perform a transmission operation)),
Chen and Khoshnevisan are considered to be analogous to the claimed invention, as they are both in the same field of recovering connection after failure. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Chen to include the teachings of Khoshnevisan where the UE sends a capability information message. The rationale behind this would be to allow at least one or more first default QCL assumptions to be used on the message ([0007] Khoshnevisan).
Regarding claim 7, Chen teaches
A non-transitory computer-readable medium comprising, stored thereupon, computer program instructions for execution by a user equipment configured to perform dual connectivity communication in which the user equipment simultaneously communicates with a master node and a secondary node, the program instructions being configured to cause the user equipment to execute processing of ([0022] UE comprising processor and storage unit that stores program code to be executed by the processor; [Fig. 3] and [0021] UE simultaneously connected to master node MeNB and secondary node SeNB):
detecting, a failure of a radio link between a first base station and the user equipment, the first base station functioning as the master node ([0029] UE detects radio link failure on one of the two nodes (could be either); [Fig. 3] and [0021] network consists of at least UE, master base station, and secondary base station);
transmitting, a first message to notify the first base station of the failure of the radio link to a second base station via a signaling bearer established between the second base station and the user equipment, the second base station functioning as the secondary node ([0023] process 50 is performed by the UE; [Fig. 5] shows process 50, which includes step 530 of sending a radio link failure cause report (first message to notify RLF) associated with first base station eNB to the second base station eNB; [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the first message includes an information element indicating a type of the failure of the radio link, an information element indicating a measurement result of a radio state of the first base station, and an information element indicating a measurement result of a radio state of the second base station ([0048] RLF cause report indicates different causes (indicated type of failure); [0029] UE sends RLF cause report associated to the eNB (either first or second base station) that is determined to have RLF. It includes an indication of which eNB is not experiencing RLF and which one is (radio state of both base stations)), and
the type of the failure of the radio link includes T310 expired or reaching of maximum number of retransmissions from RLC ([0008] RLF can be detected upon T310 expiry, or upon indication from RLC that the maximum number of retransmissions has been reaches); and
receiving, another message indicating an RRC configuration transmitted from the second base station via the signaling bearer, the RRC configuration being configured for the user equipment by the first base station to recover communication with the first base station ([0008], [0031]-[0032] cause A indicates a physical radio link problem (such as T310 expiry), and cause B indicates RLC retransmission over maximum retransmission threshold; [0055] and [Fig. 15] after the RLF cause report (first message) which includes causes A/B ([Fig. 15] shows RLF cause report includes causes A/B, and [0055] describes aspects of [Fig. 15]), the second base station forwards second message to UE from first base station (configured by the first base station) which has an activation indication (indicating RRC configuration to recover communication); [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the program instructions being configured to cause the user equipment to transmit, to the second base station, the first message to notify the first base station of the failure of the radio link via the signaling bearer established between the second base station and the user equipment ([Fig. 5] UE detects RLF on the first eNB and sends RLF cause report (first message) to the second eNB to indicate RLF associated with the first eNB; [0006] UE can send and receive signaling with the second eNB via a bearer), wherein
the user equipment is configured to transmit the first message to the second base station in response to the transmission operation being configured by the first base station to the user equipment and the failure of the radio link between the first base station and the user equipment being detected ([Fig. 5] the RLF cause report (in response to RLF; in response to failure being detected) that gets sent to the UE from the second eNB is associated with RLF on the first eNB (configured by the first base station)).
Chen does not explicitly teach the program instructions being configured to cause the user equipment to execute transmitting capability information to the first base station, the capability information indicating that the user equipment has capability for performing a transmission operation to transmit,
However, Khoshnevisan does teach the program instructions being configured to cause the user equipment to execute transmitting capability information to the first base station, the capability information indicating that the user equipment has capability for performing a transmission operation to transmit ([0090] UE transmits a UE capability information message, which includes a parameter that indicates a maximum number of TCI states supported by the UE (capability of the UE to perform a transmission operation)),
Chen and Khoshnevisan are considered to be analogous to the claimed invention, as they are both in the same field of recovering connection after failure. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Chen to include the teachings of Khoshnevisan where the UE sends a capability information message. The rationale behind this would be to allow at least one or more first default QCL assumptions to be used on the message ([0007] Khoshnevisan).
Regarding claim 8, Chen teaches
A system comprising ([0021] wireless communication system):
a user equipment configured to perform dual connectivity communication in which the user equipment simultaneously communicates with a master node and a secondary node ([Fig. 3] and [0021] UE simultaneously connected to master node MeNB and secondary node SeNB), wherein
the user equipment is configured to ([Fig. 4] and [0022] UE configured to execute program code):
detect a failure of a radio link between a first base station and the user equipment, the first base station functioning as the master node ([0029] UE detects radio link failure on one of the two nodes (could be either); [Fig. 3] and [0021] network consists of at least UE, master base station, and secondary base station);
transmit a first message to notify the first base station of the failure of the radio link to a second base station via a signaling bearer established between the second base station and the user equipment, the second base station functioning as the secondary node ([0023] process 50 is performed by the UE; [Fig. 5] shows process 50, which includes step 530 of sending a radio link failure cause report (first message to notify RLF) associated with first base station eNB to the second base station eNB; [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the first message includes an information element indicating a type of the failure of the radio link, an information element indicating a measurement result of a radio state of the first base station, and an information element indicating a measurement result of a radio state of the second base station ([0048] RLF cause report indicates different causes (indicated type of failure); [0029] UE sends RLF cause report associated to the eNB (either first or second base station) that is determined to have RLF. It includes an indication of which eNB is not experiencing RLF and which one is (radio state of both base stations)), and
the type of the failure of the radio link includes T310 expired or reaching of maximum number of retransmissions from RLC ([0008] RLF can be detected upon T310 expiry, or upon indication from RLC that the maximum number of retransmissions has been reaches); and
receive, another message indicating an RRC configuration transmitted from the second base station via the signaling bearer, the RRC configuration being configured for the user equipment by the first base station to recover communication with the first base station ([0008], [0031]-[0032] cause A indicates a physical radio link problem (such as T310 expiry), and cause B indicates RLC retransmission over maximum retransmission threshold; [0055] and [Fig. 15] after the RLF cause report (first message) which includes causes A/B ([Fig. 15] shows RLF cause report includes causes A/B, and [0055] describes aspects of [Fig. 15]), the second base station forwards second message to UE from first base station (configured by the first base station) which has an activation indication (indicating RRC configuration to recover communication); [0041] the second base station has a radio bearer (signaling bearer) established with the UE), wherein
the user equipment is further configured to transmit, to the second base station, the first message to notify the first base station of the failure of the radio link via the signaling bearer established between the second base station and the user equipment ([Fig. 5] UE detects RLF on the first eNB and sends RLF cause report (first message) to the second eNB to indicate RLF associated with the first eNB; [0006] UE can send and receive signaling with the second eNB via a bearer), wherein
the user equipment is configured to transmit the first message to the second base station in response to the transmission operation being configured by the first base station to the user equipment and the failure of the radio link between the first base station and the user equipment being detected ([Fig. 5] the RLF cause report (in response to RLF; in response to failure being detected) that gets sent to the UE from the second eNB is associated with RLF on the first eNB (configured by the first base station)).
Chen does not explicitly teach the user equipment is further configured to transmit capability information to the first base station, the capability information indicating that the user equipment has capability for performing a transmission operation to transmit,
However, Khoshnevisan does teach the user equipment is further configured to transmit capability information to the first base station, the capability information indicating that the user equipment has capability for performing a transmission operation to transmit ([0090] UE transmits a UE capability information message, which includes a parameter that indicates a maximum number of TCI states supported by the UE (capability of the UE to perform a transmission operation)),
Chen and Khoshnevisan are considered to be analogous to the claimed invention, as they are both in the same field of recovering connection after failure. It would have been obvious to someone of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified Chen to include the teachings of Khoshnevisan where the UE sends a capability information message. The rationale behind this would be to allow at least one or more first default QCL assumptions to be used on the message ([0007] Khoshnevisan).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 ADAM JOEL CERLANEK whose telephone number is (703)756-1272. The examiner can normally be reached 8:30-5:00.
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, Joseph Avellino can be reached at (571) 272-3905. 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.
/A.J.C./Examiner, Art Unit 2478
/JOSEPH E AVELLINO/Supervisory Patent Examiner, Art Unit 2478
Prosecution Insights