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 .
Election/Restrictions
It is noted that Applicant failed to affirm the election of group I in replying to the previous Office action. Affirmation of this election must be made by applicant in replying to this Office action.
Response to Arguments
Applicant’s arguments, see section titled “Claim Objections”, with respect to claims 65, 70-72, 77, and 79 have been fully considered and are persuasive. The objection of claims 65, 70-72, 77, and 79 has been withdrawn.
Applicant’s arguments, see section titled “Rejection Under 35 U.S.C. § 112”, with respect to claims 69-70, 72, 75-77, and 79 have been fully considered and are persuasive. The rejection under 35 U.S.C. § 112(b) of claims 69-70, 72, 75-77, and 79 has been withdrawn.
Applicant’s arguments, see section titled “First Rejection Under 35 U.S.C. § 103”, with respect to claims 65-72, 74, and 76 have been fully considered and are persuasive. The rejection of claims 65-72, 74, and 76 has been withdrawn.
Applicant's arguments, see section titled “Section Rejection Under 35 U.S.C. § 103”, with respect to claim 77 have been fully considered and are persuasive. The rejection of claim 77 has been withdrawn.
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) 77 and 79 is/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.
Regarding claims 77 and 79, Applicant has amended these claims to now recite “one or more measurement identities, measId” (which appears to mean that measId is one or more measurement identities) which is not consistent with what the specification has. Applicant has not provided supported for this amendment within the specification nor has the Examiner found support for this amendment within the specification. The closest the Examiner could find support within the specification is in ¶ 190 of the published specification which recite “The SCG MeasConfig for CPC comprises at least one of the following” and ¶ 191 of the published specification which recite “Measurement identities (MeasId(s))”. These paragraphs show that SCG MeasConfig comprises multiple measurement identities, MeasId(s).
Allowable Subject Matter
Claim(s) 77 and 79 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the prior arts of record, in single or combination, does not teach, suggest or provide rationale for, in view of other limitations within the same claim, “perform measurements for each measId received in the SCG MeasConfig if: a report type is condTriggerConfig for an associated reportConfig; and a measId is set to at least one condExecutionCond associated to a condReconfigId, wherein the condExecutionCond is part of the conditional reconfiguration configuration” of claim 79 and similarly for claim 77.
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 PETER P CHAU whose telephone number is (571)270-7152. The examiner can normally be reached 9:30 A.M - 6 P.M. ET M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER P CHAU/Primary Examiner, Art Unit 2476