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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites inter alai “…reference signal (CSI-RS) resources occupation or an amount of CSI-RS ports occupation, based at least in part on (i) how many FD units for PMI feedback are within a single FD unit for CQI feedback or (ii) how many FD units for the PMI feedback are within all of the subbands for CSI feedback;…:.
The specification is silent with respect to the bolded portion of the new amended limitation and therefore constitutes as new matter and rejected accordingly.
Claim 15 recites features similar to claim 1 and therefore rejected for same reasonings as claim 1.
Further, claims 2-14 and 16-30 are rejected due to their dependency upon a rejected base claim and would not overcome said rejection if any of the dependent claims are incorporated within the respected base claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Raj Jain whose telephone number is (571) 272-3145. The examiner can normally be reached on M-Th ~8 ~6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached on 571-272-3123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAJ JAIN/Primary Examiner, Art Unit 2411