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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 12, 2026 has been entered.
Claims 1-4 and 6 are pending.
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.
Claims 1-4 and 6 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 claims 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.
The independent claims recite determining “a timing gap between the end of the interval and the start of a timing to transmit the signal by using the resource based on a subcarrier spacing (SCS) of the resource (emphasis added by Examiner).”
This does not appear to be what is disclosed in the specification as originally filed. That is, “an interval” is described in the claims as such: “a reception unit configured to execute an LBT (Listen before talk) in an interval before transmitting a signal by using the resource (emphasis added by Examiner).” Thus, based on this description, “the interval” would end when the signal is transmitted, meaning there could be no non-zero timing gap “between the end of the interval and the start of a timing.”
When looking at Applicant’s figure 8, the “timing gap” is shown as being between the end of the LBT and the beginning of the Transmission Signal. That is, there is no gap between the “end of the interval” and the “start of a timing to transmit the signal.” The gap is between the end of the LBT and the start of a timing to transmit the signal. Appropriate correction or explanation is required.
Response to Arguments
Applicant’s arguments with respect to all claims have been considered but are moot in view of the newly presented 35 USC § 112 rejection.
Conclusion
Claims 1-4 and 6 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joshua D Taylor whose telephone number is (571)270-3755. The examiner can normally be reached Monday - Friday 8 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached at 571-272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Joshua D Taylor/Primary Examiner, Art Unit 2426 September 25, 2026
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