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 .
Summary
This action is in reply to Applicant’s Amendments and Remarks filed on 07/17/2026.
Claims 1-4, 6, 9-11, 13-16, 23 and 37 are pending.
Claims 5, 7-8, 12, 17-22, 24-36 and 38-48 are canceled.
Response to Arguments
Applicant’s arguments presented on 07/17/2026 with respect to independent claims 1 and 23 have been considered to be persuasive. Accordingly, rejections for claims 1, 23 and corresponding dependent claims are withdrawn.
However, amended independent claims 15 and 37 have multiple limitations interpreted to be indefinite. Accordingly claims 15, 16 and 37 are rejected.
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 15-16 and 37 are rejected 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 pre-AIA the applicant regards as the invention.
Regarding claim 15,
lines 11-12 recite the limitation “according to the at least one default resource allocation parameter set”,
lines 14-15 recite the limitation “according to the at least one alternative resource allocation parameter set”,
lines 16-17 recite the limitation “each of the at least one time instant”.
There is no antecedent basis for any of the “default resource allocation parameter set”, “alternative resource allocation parameter set” or “time instant”, causing the claim to be indefinite.
Accordingly claim 15 is rejected.
Regarding claim 16, the claim being dependent on claim 15, is interpreted and rejected for the same reason as set forth for claim 15.
Regarding claim 37,
lines 7-8 recite the limitation “according to the at least one default resource allocation parameter set”,
lines 10-11 recite the limitation “according to the at least one alternative resource allocation parameter set”,
lines 12-13 recite the limitation “each of the at least one time instant”.
Line 19 recites the limitation “corresponding one of the at least one time instant over a time interval”.
There is no antecedent basis for any of the “default resource allocation parameter set”, “alternative resource allocation parameter set”, “each of the at least one time instant” or “one of the at least one time instant over a time interval”, causing the claim to be indefinite.
Accordingly claim 37 is rejected.
Allowable Subject Matter
Claims 1-4, 6, 9-11, 13-14 and 23 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Garcia Morchon; Oscar (US 20240373312 A1), describing SYSTEM AND METHOD FOR EFFICIENT UPLOAD OR DOWNLOAD OF TRANSMISSION DATA OVER MOBILE ACCESS DEVICES
Patel et al. (US 20170099328 A1), describing System And Method For Media Encoding Scheme (MES) Selection
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAH M RAHMAN whose telephone number is (571)272-8951. The examiner can normally be reached 9:30AM-5:30PM PST.
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, UN C CHO can be reached at 571-272-7919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAH M RAHMAN/Primary Examiner, Art Unit 2413
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