CTNF 18/569,326 CTNF 78175 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted is being considered by the examiner. Response to Arguments Applicant’s arguments with respect to claim(s) 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. Claim Rejections - 35 USC § 112 07-30-01 AIA 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. 07-31-05 Claim 1-5 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim purports to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but fails to recite a combination of elements as required by that statutory provision and thus cannot rely on the specification to provide the structure, material or acts to support the claimed function . As such, the claim recites a function that has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. Accordingly, the disclosure is not commensurate with the scope of the claim. - Regarding to claim 1, “a transmitter” is only element in the claim. A single means claim, i.e., where a means recitation does not appear in combination with another recited element of means, is subject to an undue breadth rejection under 35 U.S.C. 112, first paragraph. In re Hyatt, 708 F.2d 712, 218 USPQ 195 (Fed. Cir. 1983) (A single means claim which covered every conceivable means for achieving the stated purpose was held non enabling for the scope of the claim because the specification disclosed at most only those means known to the inventor.). When claims depend on a recited property, a fact situation comparable to Hyatt is possible, where the claim covers every conceivable structure (means) for achieving the stated property (result) while the specification discloses at most only those known to the inventor. Although the court in Fiers v. Sugano, 984 F.2d 164, 25 USPQ2d 1601 (Fed. Cir. 1993) did not decide the enablement issue, it did suggest that a claim directed to all DNAs that code for a specified polypeptide is analogous to a single means claim. Claim Rejections - 35 USC § 103 07-20-aia AIA 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: 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. 07-21-aia AIA Claim (s) 1-4,6-8,14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohtsuji et al. (Pub. No. 20180184436) in view of Seo et al. (Pub. No. 20120327801) . - With respect to claims 1, 6, 14, Ohtsuji teaches a relay user equipment (UE) device comprising: a transmitter configured to transmit, to a remote UE device that is indirectly communicating with a base station via the relay UE device, (e.g. Fig. 4 shows the relay UE, remote UE and base station; the relay UE transmits relay discovery to remote UE that include backhaul link quality see par. 12 and par. 93), transmission of the message to the remote UE device triggers the remote UE device to transmit a measurement report to the base station (e.g. block 402 in Fig. 4 discloses “the remote UE 1 transmits a measurement report to the base station 3 . The measurement report is related to the one or more relay UEs 2 found in block 401 and includes, for example, D2D link quality (between the remote UE 1 and the relay UE 2 ). The D2D link quality may include, for example, at least one of received power, signal-to-interference plus noise ratio (SINR), and data rate (or throughput). Similarly to the existing measurement report, the measurement report may include cellular link quality between the remote UE 1 and the base station 3 . Further, the measurement report may include backhaul link quality (between the base station 3 and the relay UE 2 ).”). Ohtsuji fails to teach a quality of a communication link between the relay UE device and the base station is below a threshold, Seo teaches determining a quality of backhaul link between eNB and RN has dropped to or below a predetermined threshold (see par. 170-171 and Fig. 14). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date to implement the method of determining the quality of backhaul link when it falls below the threshold into Ohtsuji’s invention at the relay discovery for the UE to send measurement report to Base station for maintain the quality communication. - With respect to claims 2, 7, 15, Ohtsuji teaches wherein the message is a PC5-Radio Resource Control (PC5-RRC) message (see par. 6 where D2D communicate between relay and remote UE). - With respect to claim 3, Ohtsuji teaches wherein the transmitter is further configured to transmit the PC5-RRC message in accordance with an instruction received from the base station (e.g. par. 7 discloses the Base station authenticate for relay UE transmit relay discovery to remote UE). - With respect to claims 4, 8, 16, Ohtsuji teaches wherein the communication link between the relay UE device and the base station is a Uu communication link (e.g. backhaul link discloses in Fig. 1 block 101). - With respect to claim 8, Ohtsuji teaches further comprising: a receiver configured to receive, from the base station, threshold configuration information (e.g. par. 11 disclose “the criteria for the relay selection for the UE-to-Network Relay, it has been proposed to consider D2D link quality between a remote UE and a relay UE, consider backhaul link quality between a relay UE and an eNB, and consider both the D2D link quality and the backhaul link quality”) . Allowable Subject Matter 07-43-02 AIA Claim s 5, 9-13, 17-19 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 . . Examiner's Note : Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUC H TRAN whose telephone number is (571)272-3172. The examiner can normally be reached M-F 8-5 Flex. 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, Sujoy K. Kundu can be reached at 571-272-8586. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PHUC H TRAN/Primary Examiner, Art Unit 2471 Application/Control Number: 18/569,326 Page 2 Art Unit: 2471 Application/Control Number: 18/569,326 Page 3 Art Unit: 2471 Application/Control Number: 18/569,326 Page 4 Art Unit: 2471 Application/Control Number: 18/569,326 Page 5 Art Unit: 2471 Application/Control Number: 18/569,326 Page 6 Art Unit: 2471
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