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 Arguments
In view of the amendments and arguments filed 01/02/2026, the previous rejection under 103 to claim(s) 1-20 has/have been withdrawn.
Claim Objections
Claim(s) 5, 12, and 19 is/are objected to because of the following informalities:
Claim(s) 5, 12, and 19 recite “wherein determining the puncture resolution and the puncture position is based on any one of (i) a band edge to target to reduce spectral regrowth, (ii) an amount of spectral regrowth, (iii) a data loss that will occur due to the puncture position and the puncture resolution, or (iv) any combination of (i)-(iii)” but it should be “wherein determining the puncture resolution and the puncture position is based on any one of (i) a band edge to target to reduce spectral regrowth, (ii) [[an]] the amount of spectral regrowth, (iii) [[a]] the data loss that will occur due to the puncture position and the puncture resolution, or (iv) any combination of (i)-(iii)” because “an amount” and “a data loss” are already recited in claims 1, 8, and 15. Appropriate correction is 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.
Claim(s) 1-20 is/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, 8, and 15 recite the limitation "the BW" in “determining a puncture resolution and a puncture position on the BW being used”. It is not clear if “the BW” is a specific BW or “one or more neighboring BWs.” If it’s a specific BW that is different from the “one or more neighboring BWs” then it should be amended to “a BW” to distinguish from the “one or more neighboring BWs.” Otherwise, it should be amended to “the one or more neighboring BWs.”
Claims 2-7, 9-14, and 16-20 are dependent on claims 1, 8, or 15 and do not alleviate the issue. Therefore, they are rejected based on their dependency to the independent claims.
Claims 5, 12, and 19 recite “wherein determining the puncture resolution and the puncture position is based on any one of (i) a band edge to target to reduce spectral regrowth, (ii) an amount of spectral regrowth, (iii) a data loss that will occur due to the puncture position and the puncture resolution, or (iv) any combination of (i)-(iii).” The claim language provides the option that “any one of” (i), (ii), (iii), or (iv) is required. The claims are further dependent on claims 1, 8, and 15 which require “determining a puncture resolution and a puncture position … based on an amount of the spectral regrowth and data loss that will occur due to the puncture position and the puncture resolution.” In other words, claims 1, 8, and 15 require options (ii) and (iii). Therefore, it is not clear if options (ii) and (iii) must be included as required in claims 1, 8, and 15.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim(s) 5, 12, and 19 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claims 5, 12, and 19 recite “wherein determining the puncture resolution and the puncture position is based on any one of (i) a band edge to target to reduce spectral regrowth, (ii) an amount of spectral regrowth, (iii) a data loss that will occur due to the puncture position and the puncture resolution, or (iv) any combination of (i)-(iii).” The claim language provides the option that “any one of” (i), (ii), (iii), or (iv) is required. The claims are further dependent on claims 1, 8, and 15 which require “determining a puncture resolution and a puncture position … based on an amount of the spectral regrowth and data loss that will occur due to the puncture position and the puncture resolution.” In other words, claims 1, 8, and 15 require options (ii) and (iii). But claims 5, 12, and 19 may require only option (i) or a combination of options without options (ii) and (iii). Therefore, the claim 5, 12, and 19 fail to include all the limitations of claims 1, 8, and 15.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THE HY NGUYEN whose telephone number is (571)270-3813. The examiner can normally be reached on Mo-Fr: 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino, can be reached on (571) 272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THE HY NGUYEN/Primary Examiner, Art Unit 2478
TheHy.Nguyen@USPTO.gov
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