DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Previous office action mailed on 5/14/2026 is withdrawn and based on interview held on May 28, 2026 new office action was issued.
Election/Restrictions
Applicant's election with traverse of invention elected claim 26-32, 46 and 47, 49-55 in the reply filed on 4/16/2026 is acknowledged. The traversal is on the ground(s) that claim 26 and 49 is directed towards a wireless access point where UE not utilizing or supporting a priority service mechanism and performing steps of determining and then based on identification transmit date representative of at least one message to one or more UE. As compared to that claim 33 is directed towards computerized method for supporting priority services where wireless access point determines one or more service reductions to implement at non-priority user equipment and then identifying and transmitting data representative of one or more messages announcing an availability of the reserved resource within an uplink OFDMA frame. This is not found persuasive because these are completely two different search because in claim 26 and 49 the claim is directed towards UE not utilizing or not supporting the priority service and in claim 33 identifying, based on traffic conditions or historical activity of a plurality of UEs, one or more time-frequency resources to be reserved for UE utilizing or supporting the priority services mechanism.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(b) because they are incomplete. 37 CFR 1.83(b) reads as follows:
When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the invention therewith.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show by showing specifically in Fig. 2 Unit 215, Fig. 3 Unit 315, 335, Fig. 4 Unit 415, Fig. 5 Unit 515 saying “OTHER” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are: For example,
Para 45 and Fig. 2 refer to box 215, these service reductions may be determined with respect to factors including, but not limited to, current channel loading in this BSS (or an extended service set (ESS) including this BSS), a number of non-AP STAs invoking priority access in this BSS/ESS, a number of connected non-priority non-AP STA in this BSS/ESS, and/or other factors.
Similarly, Para 63 define and refer to box 315, these service reductions may be determined with respect to factors including, but not limited to, current channel loading in this BSS (or an ESS including this BSS), a number of non-AP STAs invoking priority access in this BSS/ESS, a number of connected non-priority non-AP STA in this BSS/ESS, and/or other factors such as described above with respect to step 210 and box 215 of the method 200 of FIG. 2. Para 67 and Fig. 3 refer to to box 335, the message may comprise negotiated or broadcast messages indicative of a TWT-based service reduction, such as in a demand TWT, suggest TWT or other negotiated TWT message, a broadcast TWT message and/or some other message.
Para 75 and Fig. 4 refer to box 415, these service reductions may be determined with respect to factors including, but not limited to, current channel loading in this BSS (or an ESS including this BSS), a number of non-AP STAs invoking priority access in this BSS/ESS, a number of connected non-priority non-AP STA in this BSS/ESS, and/or other factors such as described above with respect to step 210 and box 215 of the method 200 of FIG. 2.
Para 88 and Fig. 5 refer to Unit 515 these service reductions may be determined with respect to factors including, but not limited to, current channel loading in this BSS(or an ESS including this BSS), a number of non-AP STAs invoking priority access in this BSS/ESS, a number of connected non-priority non-AP STA in this BSS/ESS, and/or other factors such as described above with respect to step 210 and box 215 of the method 200 of FIG. 2.
Para 88 also disclose Referring to Box 315. It should be Box 515. Appropriate correction is required.
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 26-32, 46 and 47, 49-55 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. As per independent claims 26 and 49, applicant is claiming “determine, based on traffic conditions or historical activity of a plurality of UEs, one or more time-frequency resources to be reserved for UE utilizing or supporting the priority services mechanism” and suggest that the support can be found in Para 45 and 46 (See response to argument 3/16/2026 Page 13). However, according to Para 45 and 46 of the specification, disclose determinations may be made with respect to network conditions, a ratio and/or number of priority and or non-priority STAs using network services, an actual/expected change in the ratio and/or numbers, and other criteria. Unless applicant is referring to traffic condition and historical activity as other criteria the specification does not define how determination is based on traffic conditions or historical activities. In telecommunication traffic condition can be refer to as volume, type and flow of data moving through a network at any given time while network condition describes the performance and operational state of that network including latency, jitter, bandwidth availability and congestion levels. Similarly, historical activity refers to documented pattern, milestones and technological developments. Accordingly, Para 45 and 46 or any of the figure 2-5 disclose or suggest that one having ordinary skill in the art can refer them to traffic condition or historical activities.
Dependent claims does not overcome the deficiency of the independent claims as a whole.
Allowable Subject Matter
Claim 26-32, 46, 47, 49-55 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) paragraph, set forth in this Office action including overcoming drawing and specification objection.
Response to Arguments
Applicant’s arguments, see claim 26-32, 46 and 47, 49-55 filed 4/16/2026 with original claim filed on 7/03/2024, with respect to restriction have been fully considered and are persuasive. Therefore, notice of non-compliance restriction has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIZAR N SIVJI whose telephone number is (571)270-7462. The examiner can normally be reached Monday-Friday 7-4.
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NIZAR N. SIVJI
Primary Examiner
Art Unit 2647
/NIZAR N SIVJI/Primary Examiner, Art Unit 2647
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