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 .
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.
Claim(s) 1-7, 10, 12, and 15-16, 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.
With regard to independent claim 1, it has been amended to recite, in part:
“in response to failing to decode a data packet of the HARQ process, starting a sidelink DRX retransmission timer of the HARQ process at expiration of the sidelink DRX HARQ RTT timer, and determining that DRX is not used for a sidelink communication link between the first user equipment and the second user equipment during running of the sidelink DRX retransmission timer”
The office note that the specification as filed does not provide adequate written description for the underlined portion of the claim, “and determining that DRX is not used for a sidelink communication link between the first user equipment and the second user equipment during running of the sidelink DRX retransmission timer”.
Although par.[0038] recites, in part:
“In the event that the UE 102 fails to decode a received data packet corresponding to a HARQ process, the UE 102 may start a sidelink DRX retransmission timer, e.g., drx-RetransmissionTimerRxSL, of the HARQ process when the sidelink DRX HARQ RTT timer of the HARQ process is expired. In this case, the UE 102 may assume that DRX is not used for the sidelink communication link during running of the sidelink DRX retransmission timer.”
Although the UE may assume that DRX is not used for the sidelink communication link, the determination is an assumption, and not a clear cut determining that the DRX is not configured.
Additionally, in order to satisfy the written description requirement the applicants specification must describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor had possession of the claimed invention as of the effective filing date.
The UE assuming that a DRX is not configured, while stated in the specification, does not adequately describe how the UE can determine based on the assumption that DRX is not configured, that a DRX is not configured. The question arises, then, how does the UE make the determination? This is not adequately described in the specification and the claims are rejected.
Additionally, claims 2-7, 10, 12, and 15-16, are rejected for their dependency on claim 1, and for failing to cure the deficiencies therein.
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 JAMAAL HENSON whose telephone number is (571)272-5339. The examiner can normally be reached M-Thu: 7:30 am - 6:30 pm.
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JAMAAL HENSON
Primary Examiner
Art Unit 2411
/JAMAAL HENSON/Primary Examiner, Art Unit 2411
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