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 .
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
According to the specification filed January 23, 2024 of the instant application, the “all of” is not supported for the mode of indication; rather they are described as alternative methods.
Claim Rejections - 35 USC § 112
Claim 1 is 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.
Amended claim 1 discloses “wherein the mode indication is received via all of: an RRC signaling, a MCCH, a medium access control (MAC) control element (CE), and a downlink control information (DCI).”
The original specification does not provide written description support for receiving the mode indication via all of these signaling methods cumulatively. Rather, the specification consistently describes these signaling methods as alternatives. For example, paragraph [00100] states the mode indication may be transmitted via “any of” these methods; paragraph [00110] states it is transmitted via “one of” these methods; paragraph [00157] describes them as “Alternative” methods; and original claim 2 recites “at least one of” or “or”. Because the specification does not describe a terminal device receiving a mode indication via all four of these signaling methods, the applicant has introduced new matter not supported by the original disclosure.
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.
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/NAM P. CAO/Examiner, Art Unit 2479 /JAE Y LEE/Supervisory Patent Examiner, Art Unit 2479
