DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/29/2025 has been entered.
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Status
Claims 5, 8-9, 12, and 17 are canceled.
Claims 1-4, 6-7, 10-11, 13-14, 18, and 20 are amended.
No new claims are added.
Claims 1-4, 6-7, 10-11, 13-16, and 18-20 are currently pending for examination.
Response to Arguments
Applicant’s arguments, see Remarks (on page 8-9), filed 12/27/2025, with respect to claims 1 and 14 have been fully considered and are persuasive. Therefore, the 35 U.S.C. §102(a)(2) rejections of claims 1-11 and 13-20 have been withdrawn.
Claim Objections
Claims 1 and 14 are objected to because of the following informalities:
Claims 1 and 14 recite the phrase “may be able to” in line 12, and line 8 respectively. Language that suggests or makes optional (i.e., may be able to) but does not require step to be performed or does not limit the scope of the claim to a particular structure or does not limit the scope of a claim or claim limitation(s). Such clauses may render parts of the claim(s) optional (see MPEP 2106 and 2111.04).
Claim 14 recites “at least one other of said plurality of channels” in line 9. For clarity and consistency, it is suggested to amend to -- at least one other channel of said plurality of channels --.
Claim 14 recites “said further transmitting opportunity” in line 25. For clarity and consistency, it is suggested to amend to -- said one of said at least one further transmitting opportunities --.
Appropriate corrections are required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 6-7, 10-11, 13-16, and 18-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation “the current deferral allowance” in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation “said one or more signals” in line 2. It is unclear whether “said one or more signals” refers to “transmit a signal” recited in claim 1, line 9, or “receive a signal” recited in claim 1, line 14, or “control transmission of a signal” recited in claim 1, line 21, or “transmission of at least one signal” recited in claim 1, line 24. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation “the current deferral allowance” in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation “said at least one further signal” in line 24. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation “said method” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-4, 6-7, 10-11, 13, 15-16, and 18-20 are also rejected for the same reasoning as being indefinite since they are dependent upon the rejected claims 1 and 14 respectively.
Appropriate corrections are required.
Allowable Subject Matter
Claims 1-4, 6-7, 10-11, 13-16, and 18-20 would be allowable if rewritten or amended to overcome the objection(s) and the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-4, 6-7, 10-11, 13-16, and 18-20 are allowable over the prior art of record (cited in PTO-892 and IDS) since the prior art of record does not teach or render obvious to disclose the combined claimed limitations recited as-a-whole as interpreted in light of the specification and Applicant’s persuasive arguments.
Conclusion
A shortened statutory period for reply to this action is set to expire THREE MONTHS from the mailing date of the action. An extension of time may be obtained under 37 CFR 1.136(a). However, in no event, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER CHEN whose telephone number is (571)270-7241. The examiner can normally be reached Monday - Friday 8:00am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at (571) 272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER CHEN/Primary Examiner, Art Unit 2462