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 .
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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 23 June 2026 has been entered.
Claim Objections
Claims 33-35 are objected to because of the following informalities: in independent claim 33, line 9, “anther” should be --another-- and “based” should be removed. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 33-35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 33-35, in independent claim 33 the first active bandwidth part and the first bandwidth are tuned (“tune a radio frequency … to switch to the first-active bandwidth part … using the first bandwidth of the channel). Therefore, the limitation, “retune … from the first bandwidth of the channel to the first active-bandwidth part” is unclear because the UE has already tuned to the first active-bandwidth part. “Switched” in its broadest reasonable interpretation means to tune or retune as noted in paras. 4, 37-38 and 70 of the specification of the instant application.
Allowable Subject Matter
Claims 1-9, 11-26, 28 and 31-32 are allowed.
Claims 33-35 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
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/Kevin C. Harper/
Primary Examiner, Art Unit 2462
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