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 .
Claim Rejections - 35 USC § 112
Claims 1, 3-6, 10, 12-15 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.
Claim 1 lines 12 – 13 recites “selecting at least one KPI that influences a bandwidth capacity of a user plane gateway among the plurality of user plane gateways, wherein the at least one KPI indicates a data plane processing load of the user plane gateway”. The claim lacks antecedent basis. The claim should be further amended to recited “selecting at least one KPI that influences a bandwidth capacity of a user plane gateway among the plurality of user plane gateways, wherein the at least one selected KPI indicates a data plane processing load of the user plane gateway”.
Claim 10 lines 13 – 14 recites “select at least one KPI that influences a bandwidth capacity of a user plane gateway among the plurality of user plane gateways, wherein the at least one KPI indicates a data plane processing load of the user plane gateway”. The claim lacks antecedent basis. The claim should be further amended to recite “select at least one KPI that influences a bandwidth capacity of a user plane gateway among the plurality of user plane gateways, wherein the at least one selected KPI indicates a data plane processing load of the user plane gateway”.
Claims 3-6 and 12-15 are rejected for being dependent on a rejected base claim.
Examiner Notes
The examiner recommends applicants cancel withdrawn claims 7-9 and 16-18 since the claims are in condition for allowance pending correction of the 112 issues.
Conclusion
THIS ACTION IS MADE FINAL. 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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/VIVEK SRIVASTAVA/Supervisory Patent Examiner, Art Unit 2449
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