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 .
Claims 1, 5-8 are pending in this application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/06/2026 has been entered.
Response to Arguments
Applicant's arguments filed 10/06/2026 have been fully considered but they are not persuasive. Applicant’s remarks on pages 6-7 state that the features shown in claims 1 and 5 are supported by the original application, paragraphs [0050]-[0054] in view of Figs. 6A-6C. The examiner respectfully disagrees.
Applicant’s argue against the 35 U.S.C 112 rejection that the cited disclosure distinguished between reports that are read out for processing and reports that are not read out and remain in storage. Paragraphs [0052]-[0054] describe limited the number of Downlink Data Delivery Status (DDDS) reports read out from the DDDS storage for flow control at a given processing timing and retaining reports that are not read out for processing at a subsequent processing timing. In particular, [0052] states that the number of DDDS reports that may be processed for each bearer in one control cycle is limited to five. [0053] states processing five DDDS reports when seven DDDS reports are stored for a bearer, with two DDDS reports not being read out from the DDDS storage. [0054] further discloses that the two reports not read out remain in the DDDS storage for pressing at a later timing. Although the cited disclosure supports limited the number of reports processed at a given processing timing and retaining unprocessed reports for later processing, it does not describe deleting, from the storage, status reports corresponding to the specified threshold. The disclosure of reading out and processing a limited number of status reports does not establish that those reports are deleted from the storage. Accordingly, the first paragraphs do not reasonably convey possession of the specifically claimed deletion operation.
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 1, and 5-8 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. Applicant’s amended claims 1 and 5 now recite, “delete, from the storage, status reports corresponding to the number that is the specified threshold; and control, at a second processing timing later than the first processing timing, the data transmission to the adjacent base station according to a remaining status report that is not deleted in the deleting of the status reports” with respect to “when, at a first processing timing, a number of the status report stored in the storage exceeds a number that is specified threshold of the status report stored in the storage, the processor circuitry is configured to: control the data transmission to the adjacent base station according to status reports, the number of which does not exceed the number that is the specified threshold of the status report sorted in the storage”.
As originally filed, applicant’s specification supports limiting the number of reports processed at a given processing timing and retaining unprocessed reports for later processing, it does not describe deleting, from the storage, status reports corresponding to the specified threshold. The disclosure of reading out and processing a limited number of status reports does not establish that those reports are deleted from the storage. Therefore, the specification does not provide adequate written-description support for the claim limitations. Appropriate correction is required.
Claims 6-8 are dependent claims off of claim 5 and therefore are rejected for the same reasons above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HO T SHIU whose telephone number is (571)270-3810. The examiner can normally be reached Mon-Fri (9:00am - 5:00pm).
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/HO T SHIU/Examiner, Art Unit 2443
HO T. SHIU
Examiner
Art Unit 2443
/CHRISTOPHER B ROBINSON/Primary Examiner, Art Unit 2443
