DETAILED ACTION
The amendment filed 1/12/2026 was received.
PRIOR ART
The following references are prior art:
1. (10/24/2025 PTO-892) Appl. No.: 17/420,634 (“Mondal”) is prior art under 35 U.S.C. 102(a)(2) since it published as US 2022/0085939 A1, names another inventor (Bishwarup MONDAL), and was effectively filed Jan. 11, 2019 before Mar. 23, 2021 the effective filing date of the claimed invention. Mondal contains mathematical formulas and notation which are not able to be copied and reproduced here. Because of this, the present document represents the mathematical formulas and notation of Mondal using standard typography and symbols. The reader should refer to the original publication.
2. (10/24/2025 PTO-892) Appl. No. 18/260,849 (“Okano”) is prior art under 35 U.S.C. 102(a)(2) since it published as US 2024/0056272 A1, names another inventor (Mayuko Okano), and was effectively filed Jan. 15, 2021 before Mar. 23, 2021 the effective filing date of the claimed invention.
3. (10/24/2025 PTO-892) 3GPP TS 38.214 version 16.4.0 Release 16 titled 5G; NR; Physical layer procedures for data is prior art under 35 U.S.C. 102(a)(1) since it published in Jan 2021 before Mar. 23, 2021 the effective filing date of the claimed invention. The 9/8/2023 IDS also cited V17.6.0 (2023-06) of 3GPP TS 38.214.
5. (10/24/2025 PTO-892) 3GPP TS 38.331 version 15.2.1 titled 5G; NR; Radio Resource Control (RRC); Protocol specification is prior art under 35 U.S.C. 102(a)(1) since it published in June 2018 before Mar. 23, 2021 the effective filing date of the claimed invention.
CLAIM REJECTIONS — 35 U.S.C. 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
35 U.S.C. 103 Conditions for patentability; non-obvious subject matter.
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was
made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
CLAIMS 1-5, 7-10, 13-15, 19, 20, 23, 27, & 28
Claims 1-5, 7-10, 13-15, 19, 20, 23, 27, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Mondal in view of Okano and 3GPP TS 38.214.
Claim 1
With respect to claim 1, Mondal taught:
A method for transmitting hybrid automatic repeat request (HARQ)-acknowledgment (ACK) information (Mondal [Abstract] Systems, apparatuses, methods, and computer-readable media are provided for a user equipment (UE) in a wireless communication system… to process a hybrid automatic repeat and request acknowledgement (HARQ-ACK) assessment information for inclusion in a subframe on a physical uplink control channel (PUCCH) following the UE processing time and the additional processing time… and transmit the HARQACK assessment information on the PUCCH to the base station),
comprising: sending, by a user equipment and after a first duration following an end time of a last orthogonal frequency division multiplexing (OFDM) symbol of a physical downlink shared channel (PDSCH), a HARQ-ACK to a network device, wherein OFDM symbols are occupied in a time domain by a control resource set corresponding to a physical downlink control channel (PDCCH), and the first duration is related to the number D of the OFDM symbols occupied by the control resource set corresponding to the PDCCH in the time domain (Mondal [0022] After reception of a PDSCH, for the UE to provide a valid HARQ/ACK message, the location of the first symbol of the PUCCH carrying the HARQ/ACK information should account for the PDSCH processing time at the UE. The processing time Tproc,1 should be less than the time from the end of the last symbol carrying the PDSCH to the first symbol of the PUCCH carrying the HARQ/ACK information. [0024] the processing time at the UE may be limited by the occurrence of the last additional demodulation reference signal (DMRS) of the PDSCH occurring later in time in the case when additional DMRS is semi-statically configured for the PDSCHs. More specifically, the processing time is increased by the difference in symbols between the end of the PDSCH ending first in time and the last DMRS of the PDSCH ending last in time. [0025] In Rel-15 NR, for the UE to provide a valid HARQ-ACK message, the first uplink PUCCH symbol carrying the HARQ-ACK information as defined by the HARQ-ACK timing K1, should start no earlier than at symbol L, which is defined as the next uplink symbol with its CP starting after Tproc,1 = (N1 + d1,1)(2048+144)·K2-u·Tc after the end of the last symbol of the PDSCH carrying the transport block (TB) being acknowledged, then the UE provides a valid HARQ-ACK message. The variables K1, Li, Ni, d1.1, μ, K, Tc are defined as follows. [0029] For UE processing capability 1: If the PDSCH is mapping type B… [0032] if the number of PDSCH symbols allocated is 2, then d1,1=3+d, where dis the number of overlapping symbol; of the scheduling PDCCH and the scheduled PDSCH. [0033] For UE processing capability 2: If the PDSCH is mapping type B or… [0035] if the number of PDSCH symbols allocated is 4, then d1 1 is the number of overlapping symbols of the scheduling PDCCH and the scheduled PDSCH, or… [0037] if the scheduling PDCCH was in a 3-symbol CORESET and the CORESET and the PDSCH had the same starting symbol, then d1,1=3, [0038] otherwise d1,1 is the number of overlapping symbols of the scheduling PDCCH and the scheduled PDSCH. [0169] The PDCCH carries information about the transport format and resource allocations related to the PDSCH channel, among other things. It may also inform the UEs 401 about the transport format, resource allocation, and HARQ information related to the uplink shared channel.);
wherein the first duration Tproc,1 is determined by a following formula: Tproc,1 = (N1 + d1,1 + d2+f)(2048+144) · k2-u · Tc + Text wherein N1, d1,1 and d2 are respectively integers, k, u, Tc and Text are respectively real numbers, f is a real number related to the number D of the OFDM symbols occupied by the control resource set corresponding to the PDCCH in the time domain; and is related to at least one of following parameters: a mapping type of the PDSCH; a number L of OFDM symbols occupied by the PDSCH in the time domain; a number d of overlapped symbols of the PDCCH and the PDSCH; or a processing capability of the user equipment ([0025] In Rel-15 NR, for the UE to provide a valid HARQ-ACK message, the first uplink PUCCH symbol carrying the HARQ-ACK information as defined by the HARQ-ACK timing K1, should start no earlier than at symbol L, which is defined as the next uplink symbol with its CP starting after Tproc,1 = (N1 + d1,1)(2048+144)·K2-u·Tc after the end of the last symbol of the PDSCH carrying the transport block (TB) being acknowledged, then the UE provides a valid HARQ-ACK message. The variables K1, Li, Ni, d1.1, μ, K, Tc are defined as follows. [0029] For UE processing capability 1: If the PDSCH is mapping type B… [0032] if the number of PDSCH symbols allocated is 2, then d1,1=3+d, where dis the number of overlapping symbol; of the scheduling PDCCH and the scheduled PDSCH. [0033] For UE processing capability 2: If the PDSCH is mapping type B or… [0035] if the number of PDSCH symbols allocated is 4, then d1 1 is the number of overlapping symbols of the scheduling PDCCH and the scheduled PDSCH, or… [0037] if the scheduling PDCCH was in a 3-symbol CORESET and the CORESET and the PDSCH had the same starting symbol, then d1,1=3, [0038] otherwise d1,1 is the number of overlapping symbols of the scheduling PDCCH and the scheduled PDSCH. The Examiner notes that the claim recites “(N1 + d1,1 + d2+f)” where “wherein N1 , d1,1 and d2 are respectively integers” and “f is a real number.” As such, these are 4 numbers added together. The Examiner notes that Mondal taught N1 (i.e., based on table 5.3-1 and table 5.3-2 in Mondal) + d1,1 (i.e., d1,1 in Mondal) + f (e.g., d in Mondal [0032] where d is the number of overlapping symbol of the scheduling PDCCH and the scheduled PDSCH, where d1,1=3+d in Mondal reads on d1,1+f as claimed, 3 reading on claimed d1,1 and d reading on claimed f, given that the commutative property of addition means that the order of addition does not affect the result), and + d2 (in Mondal, d2, which is not claimed as anything beyond an integer, is implicitly +0 in Mondal. d2 is explicitly 0 as discussed with respect to 3GPP TS 38.214 below). In addition, the Examiner further finds that “f” as claimed can be zero (0), and in a situation where 0 symbols of the PDCCH and PDSCH overlap, then Mondal would implicitly add +0 for those 0 overlapping symbols, reading on the claims “f”).
3GPP TS 38.214 taught many of the limitations of claim 1 as Mondal, and explicitly taught “d2” of the formula. 38.214 is the basis for Mondal’s technique. 38.214 is further also presented as evidence of the level of ordinary skill in the art. For instance, 38.214 taught section 5.3 UE PDSCH processing procedure time (refer to the original document for mathematical symbols and notations not able to be copied here) [p.104-105] If the first uplink symbol of the PUCCH which carries the HARQ-ACK information, as defined by the assigned HARQACK timing K1 and the PUCCH resource to be used and including the effect of the timing advance, starts no earlier than at symbol L1, where L1 is defined as the next uplink symbol with its CP starting after ,1 1 1,1 2 ( )(2048 144) 2 proc C ext T = N + d + d + ⋅κ −μ ⋅T +T after the end of the last symbol of the PDSCH carrying the TB being acknowledged, then the UE shall provide a valid HARQ-ACK message. - N1 is based on μ of table 5.3-1 and table 5.3-2 for UE processing capability 1 and 2 respectively, where μ corresponds to the one of (μPDCCH, μPDSCH, μUL) resulting with the largest Tproc,1, where the μPDCCH corresponds to the subcarrier spacing of the PDCCH scheduling the PDSCH, the μPDSCH corresponds to the subcarrier spacing of the scheduled PDSCH, and μUL corresponds to the subcarrier spacing of the uplink channel with which the HARQ-ACK is to be transmitted, and κ is defined in clause 4.1 of [4, TS 38.211]. - For operation with shared spectrum channel access, ext T is calculated according to [4, TS 38.211], otherwise ext T=0.- If the PDSCH DM-RS position for the additional DM-RS in Table 7.4.1.1.2-3 in clause 7.4.1.1.2 of [4, TS 38.211] is = 12 then N1,0=14 in Table 5.3-1, otherwise N1,0=13. - If the UE is configured with multiple active component carriers, the first uplink symbol which carries the HARQ-ACK information further includes the effect of timing difference between the component carriers as given in [11, TS 38.133]. - For the PDSCH mapping type A as given in clause 7.4.1.1 of [4, TS 38.211]: if the last symbol of PDSCH is on the i-th symbol of the slot where i < 7, then d1,1 = 7 - i, otherwise d1,1 = 0 - If a PUCCH of a larger priority index would overlap with PUCCH/PUSCH of a smaller priority index, d2 for the PUCCH of a larger priority is set as reported by the UE; otherwise d2 = 0. - For UE processing capability 1: If the PDSCH is mapping type B as given in clause 7.4.1.1 of [4, TS 38.211], and - if the number of PDSCH symbols allocated is L ≥ 7, then d1,1 = 0, - if the number of PDSCH symbols allocated is L ≥ 4 and L ≤ 6, then d1,1 = 7- L. - if the number of PDSCH symbols allocated is L = 3 then d1,1 = 3 + min (d,1), where d is the number of overlapping symbols of the scheduling PDCCH and the scheduled PDSCH. - if the number of PDSCH symbols allocated is 2, then d1,1 = 3+d, where d is the number of overlapping symbols of the scheduling PDCCH and the scheduled PDSCH. - For UE processing capability 2: If the PDSCH is mapping type B as given in clause 7.4.1.1 of [4, TS 38.211], - if the number of PDSCH symbols allocated is L ≥ 7, then d1,1 = 0, - if the number of PDSCH symbols allocated is L ≥ 3 and L ≤ 6, then d1,1 is the number of overlapping symbols of the scheduling PDCCH and the scheduled PDSCH, - if the number of PDSCH symbols allocated is 2, - if the scheduling PDCCH was in a 3-symbol CORESET and the CORESET and the PDSCH had the same starting symbol, then d1,1 = 3, - otherwise d1,1 is the number of overlapping symbols of the scheduling PDCCH and the scheduled PDSCH. - For UE processing capability 2 with scheduling limitation when μPDSCH = 1, if the scheduled RB allocation exceeds 136 RBs, the UE defaults to capability 1 processing time. The UE may skip decoding a number of PDSCHs with last symbol within 10 symbols before the start of a PDSCH that is scheduled to follow Capability 2, if any of those PDSCHs are scheduled with more than 136 RBs with 30kHz SCS and following Capability 1 processing time. - For a UE that supports capability 2 on a given cell, the processing time according to UE processing capability 2 is applied if the high layer parameter processingType2Enabled in PDSCH-ServingCellConfig is configured for the cell and set to 'enable'. - If this PUCCH resource is overlapping with another PUCCH or PUSCH resource, then HARQ-ACK is multiplexed following the procedure in clause 9.2.5 of [6, TS 38.213], otherwise the HARQ-ACK message is transmitted on PUCCH. Otherwise the UE may not provide a valid HARQ-ACK corresponding to the scheduled PDSCH. The value of Tproc,1 is used both in the case of normal and extended cyclic prefix. For a PDSCH that consists of two PDSCH transmission occasions in time domain in one slot, d1,1 is calculated based on the first PDSCH transmission occasion in the slot, and as described above).
The Examiner finds that it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement Mondal’s technique using the teachings of 3GPP TS 38.214, thereby achieving claim 1, because Mondal explicitly incorporates the 3GPP standards including TS 38.214 (see Mondal [0136]).
Claim 9
With respect to claim 9, Mondal in view of Okano and 38.214 taught:
The method for transmitting HARQ-ACK according to claim 1 (see rejection above).
With respect to claim 9, Mondal taught:
wherein the mapping type of the PDSCH is type A, the number L of the OFDM symbols occupied by the PDSCH in the time domain is greater than or equal to an integer N, and f is 0, and N is greater than 0 and related to the number D; or the mapping type of the PDSCH is type A, the number L of the OFDM symbols occupied by the PDSCH in the time domain is less than the integer N, f is an integer M; the integer M is an integer greater than 0 and related to the number D, and N is greater than 0 and related to the number D (Mondal [0025] In Rel-15 NR, for the UE to provide a valid HARQ-ACK message, the first uplink PUCCH symbol carrying the HARQ-ACK information as defined by the HARQ-ACK timing K1, should start no earlier than at symbol L, which is defined as the next uplink symbol with its CP starting after Tproc,1 = (N1 + d1,1)(2048+144)·K2-u·Tc after the end of the last symbol of the PDSCH carrying the transport block (TB) being acknowledged, then the UE provides a valid HARQ-ACK message. The variables K1, Li, Ni, d1.1, μ, K, Tc are defined as follows. [0027] If the UE is configured with multiple active component carriers, the first uplink symbol which carries the HARQ-ACK information further includes the effect of timing difference between the component carriers. [0028] For the PDSCH mapping type A: if the last symbol of PDSCH is on the i-th symbol of the slot where i<7, then d1.1=7-i, otherwise d1.1=0 ).
Claim 10
With respect to claim 10, Mondal in view of Okano and 38.214 taught:
The method for transmitting HARQ-ACK according to claim 9 (see rejection above).
While Mondal in view of Okano and 38.214 did not explicitly teach claim 10, the teachings of the prior art do render obvious “N = 4 + D; M = 4 + D – L” as recited in claim 10. Mondal in view of Okano and 38.214 did not explicitly teach that d1,1 (which is the integer M) is equal to 4 plus D (a number greater than 3 and related to the number of PDCCH CORESET OFDM symbols) minus L (which is less than N and is the number of PDSCH symbols), where N equals 4 plus D. However, As discussed above, 38.214 taught [p.104] For the PDSCH mapping type A as given in clause 7.4.1.1 of [4, TS 38.211]: if the last symbol of PDSCH is on the i-th symbol of the slot where i < 7, then d1,1 = 7 - i, otherwise d1,1 = 0 - If a PUCCH of a larger priority index would overlap with PUCCH/PUSCH. If the number of OFDM CORESET symbols (D) is 4 as taught by Okano [0089]-[0091] and the last/ith symbol of the PDSCH slot is 6, which is a given option in 38.214 [p.104], then d1,1, which is M, is equal to 4 + 4 – 6 which is 2. Furthermore, L (which is 6 in this example) is less than N, and N equals 8, which is 4 + D (which is 4). Indeed, 6 is less than 8.
The Examiner finds that it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains that “N = 4 + D; M = 4 + D – L” because Okano disclosed that D can 4 and 3GPP TS 38.214 disclosed that L can be 6, thereby satisfying claim 5 by combining prior art elements according to known methods to yield predictable results since each element merely performs the same function as it does separately and the results of the combination were predictable, as discussed above.
Claim 11
With respect to claim 11, Mondal in view of Okano and 38.214 taught:
The method for transmitting HARQ-ACK according to claim 1 (see rejection above).
With respect to claim 11, Mondal taught:
wherein the mapping type of the PDSCH is type B, L is located in a set interval, the processing capability of the user equipment is a first capability, and a value of d1,1 is D + d; or the mapping type of the PDSCH is type B, L is located in a set interval, the processing capability of the user equipment is a second capability, and a value of d1,1 is D (Mondal [0025] In Rel-15 NR, for the UE to provide a valid HARQ-ACK message, the first uplink PUCCH symbol carrying the HARQ-ACK information as defined by the HARQ-ACK timing K1, should start no earlier than at symbol L, which is defined as the next uplink symbol with its CP starting after Tproc,1 = (N1 + d1,1)(2048+144)·K2-u·Tc after the end of the last symbol of the PDSCH carrying the transport block (TB) being acknowledged, then the UE provides a valid HARQ-ACK message. The variables K1, Li, Ni, d1.1, μ, K, Tc are defined as follows. [0026] N1 is based onμ of table 5.3-1 and table 5.3-2 for UE processing capability 1 and 2 respectively, where μ corresponds to the one of (μpnccH, μpnscH, μuL) resulting with the largest T proc.u where the μPnccH corresponds to the subcarrier spacing of the PDCCH scheduling the PDSCH, the μPnscH corresponds to the subcarrier spacing of the scheduled PDSCH, and μuL corresponds to the subcarrier spacing of the uplink channel with which the HARQ-ACK is to be transmitted, and xis the ratio between Ts and Tc Tc is a basic time unit for NR, and Ts a basic time unit for LTE. [0027] If the UE is configured with multiple active component carriers, the first uplink symbol which carries the HARQ-ACK information further includes the effect of timing difference between the component carriers. [0029] For UE processing capability 1: If the PDSCH is mapping type B as given in subclause 7.4.1.1 of [4, TS 38.211], and [0030] if the number of PDSCH symbols allocated is 7, then d1.1=0, [0031] if the number of PDSCH symbols allocated is 4, then d1.1=3 [0032] if the number of PDSCH symbols allocated is 2, then d1 1=3+d, where dis the number of overlapping symbol; of the scheduling PDCCH and the scheduled PDSCH. [0033] For UE processing capability 2: If the PDSCH is mapping type B, or [0034] if the number of PDSCH symbols allocated is 7, then d1.1=0, or [0035] if the number of PDSCH symbols allocated is 4, then d1 1 is the number of overlapping symbols of the scheduling PDCCH and the scheduled PDSCH, or [0036] if the number of PDSCH symbols allocated is 2, [0037] if the scheduling PDCCH was in a 3-symbol CORESET and the CORESET and the PDSCH had the same starting symbol, then d1.1=3, [0038] otherwise d1 1 is the number of overlapping symbols of the scheduling PDCCH and the scheduled PDSCH. The Examiner notes that the term “set interval” is being given its plain meaning since it is not defined by the specification and is not a term of art).
With respect to claim 6, 3GPP TS 38.214 also taught:
L is located in a set interval (38.214 [p.14] When receiving PDSCH scheduled by DCI format 1_1 or 1_2 in PDCCH with CRC scrambled by C-RNTI, MCS-CRNTI, or CS-RNTI with NDI=1, if the UE is configured with pdsch-AggregationFactor in pdsch-config, the same symbol allocation is applied across the pdsch-AggregationFactor consecutive slots. When receiving PDSCH scheduled by DCI format 1_1 or 1_2 in PDCCH with CRC scrambled by CS-RNTI with NDI=0, or PDSCH scheduled without corresponding PDCCH transmission using sps-Config and activated by DCI format 1_1 or 1_2, the same symbol allocation is applied across the pdsch-AggregationFactor, in sps-Config if configured, or across the pdsch-AggregationFactor in pdsch-config otherwise, consecutive slots. The UE may expect that the TB is repeated within each symbol allocation among each of the pdsch-AggregationFactor consecutive slots and the PDSCH is limited to a single transmission layer).
The Examiner finds that it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the techniques of 3GPP TS 38.214 in Mondal’s User Equipment because Mondal [0040] specifically states that it’s systems operation under the 5G or NR system standards as provided by 3GPP technical specifications. Implementing a technical standard has predictable results, which is the point of standardizing technology.
Claim 13
Claim 13 recites limitations similar to claim 1 and is rejected by the same reasoning.
Claim 23
Claim 23 recites limitations similar to claim 11 and is rejected by the same reasoning.
Claim 27
Claim 27 recites limitations similar to claim 1 except that it additionally recites “a processor and a memory; wherein the memory is configured to store a computer program; and the processor is configured to execute the computer program to implement” operations similar to those recited in claim 1. The processor and memory as claimed are taught by Mondal [0004], [0006] and [0217]-[0218]. Claim 27 is rejected for these reasons along with the reasoning given above for claim 1.
Claim 28
Claim 28 recites limitations similar to claim 28 and is rejected by the same reasoning.
CLAIM 12
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Mondal in view of 3GPP TS 38.214, and 3GPP TS 38.331.
Claim 12
With respect to claim 12, Mondal in view of Okano and 38.214 taught:
The method for transmitting HARQ-ACK according to claim 11 (see rejection above).
With respect to claim 12, 3GPP TS 38.311 taught:
wherein the set interval is [2, 4] (38.311 [p.140] PDSCH-Config The PDSCH-Config IE is used to configure the UE specific PDSCH parameters. PDSCH-Config ::= SEQUENCE { … pdsch-AggregationFactor ENUMERATED { n2, n4, n8 } ).
The Examiner finds that it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to incorporate the pdsch-AggregationFactor set interval from 3GPP TS 38.331 with the teachings of Mondal in view of Okano and 38.214 because 38.214 specifically references pdsch-AggregationFactor, which is defined by 38.331, and because 38.214 [p.7] specifically states that 38.331 constitute provisions of the present document (i.e., 38.331 is part of 38.214).
RESPONSE TO ARGUMENTS
Applicant’s arguments filed 1/12/2026 have been fully considered but they are not persuasive. On page 9, Applicant argued: “Mondal fails to disclose the parameter f, which is a parameter other than parameters N1 and d1,1, and is a real number related to the number D of the OFDM symbol occupied by the control resource set corresponding to the PDCCH in the time domain and is related to at least one of the mapping type of the PDSCH; the number L of OFDM symbols occupied by the PDSCH in the time domain; the number d of overlapped symbols of the PDCCH and the PDSCH; or the processing capability of the user equipment.”
The Examiner disagrees as discussed in the rejection above. In addition, the Examiner notes that Applicant’s interpretation of the parameter f is too narrow. Zero (0) is a real number and f being zero is implicitly described by Mondal. For instance, as discussed in the rejection, if 0 symbols of the PDCCH and PDSCH overlap, then Mondal would implicitly add +0 for those 0 overlapping symbols, reading on the claims “f”). In addition, Mondal describes other situations where the symbols do overlap and a number “d” (reading on claimed f) is the number of overlapping symbols.
In addition, the Examiner notes that the claimed integer d2 is not limited except that is an integer. The number zero (0) is an integer and reads on d2. There is no patentable weight given to adding +0 since it is nonfunctional and does not change the result. Nonfunctional limitations are not given patentable weight. See MPEP 2111.05.
CONCLUSION
Applicant's amendment necessitated the new grounds 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 Christopher Davis whose telephone number is 703-756-1832. The examiner can normally be reached Mon-Fri from 11AM to 7PM ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh, can be reached at telephone number 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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/C.R.D./
Examiner, Art Unit 2476
/AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
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