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 § 103
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.
Claim(s) 1, 4-6, 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over BAI et al. (U.S. Pub No. 2023/0144011 A1) in view of Cirik et al. (U.S. Pub No. 2021/0159967 A1)
1, BAI teaches a method comprising: based on a beam failure related to a serving beam on a cell being detected triggering, by a user equipment (UE), a beam fail failure recovery (BFR) for the cell [par 0096, The UE may trigger a per-TRP BFR procedure for a particular TRP when a BFD-RS associated with the particular TRP indicates a beam failure condition. In other words, the UE may detect, using a BFD-RS associated with a first TRP in a cell, a beam failure associated with a beam of a first beam group corresponding to the first TRP in the cell];
evaluating by the UE a candidate beam list for the cell [par 0100, For example, UE 120 may include an SCell index and information identifying one or more new candidate beams. In this case, UE 120 may identify the failed TRP (e.g., network device 805-1) and/or a component carrier or bandwidth part identifier associated with the failed beam in the MAC CE based at least in part on identifying the association between the TCI state of the failed beam and the failed TRP];
BFR medium access control (MAC) control element (CE) including information related to at least one candidate beam included in a candidate beam list for the cell is transmitted [par 0100, UE 120 may receive an uplink grant as a response to the LRR. In this case, the uplink grant may schedule a PUSCH in which UE 120 may transmit a BFR MAC-CE, shown by reference number 850. In some aspects, UE 120 may include, in the BFR MAC-CE, information identifying a best new beam for recovery of a failed SCell. For example, UE 120 may include an SCell index and information identifying one or more new candidate beams. In this case, UE 120 may identify the failed TRP (e.g., network device 805-1) and/or a component carrier or bandwidth part identifier associated with the failed beam in the MAC CE based at least in part on identifying the association between the TCI state of the failed beam and the failed TRP, as described above].
BAI fail to show transmitting, by the UE, an indication indicating that at least one predicted beam related to the serving beam is to be monitored with starting a timer; and
based on receiving a positive response to the indication while the timer is running,
considering the BFR successfully completed and canceling the BFR, wherein, based on the positive response of the indication not being received until an expiration of the timer and based on the evaluation of the candidate beam list having been completed,;
In an analogous art Cirik show transmitting, by the UE, an indication indicating that at least one predicted beam related to the serving beam is to be monitored with starting a timer [par 0359, 0360, 0364, A wireless device may measure a beam pair link quality based on CSI-RSs QCLed with DM-RS for PDCCH. In an example, when multiple contiguous beam failures occur, the wireless device may start a BFR procedure. A wireless device transmits a BFR signal on an uplink physical channel to a gNB when starting a BFR procedure. The wireless device may detect at least one beam failure according to at least one of BFR parameters. The wireless device may start a first timer if configured in response to detecting the at least one beam failure. The wireless device may select a selected beam in response to detecting the at least one beam failure. The selected beam may be a beam with good channel quality (e.g., RSRP, SINR, or BLER) from a set of candidate beams. The candidate beams may be identified by a set of reference signals (e.g., SSBs, or CSI-RSs)]
and based on receiving a positive response to the indication while the timer is running, considering the BFR successfully completed and canceling the BFR [par 0360, 0364, The wireless device may consider the BFR procedure successfully completed when receiving the first DCI via the PDCCH in the first coreset before the response window expires. The wireless device may stop the first timer if configured in response to the BFR procedure successfully being completed. The wireless device may stop the response window in response to the BFR procedure successfully being completed]
wherein, based on the positive response of the indication not being received until an expiration of the timer and based on the evaluation of the candidate beam list having been completed [par 0470, 0570, In an example, first UL-BWP-specific BFR configuration parameters for the UL-BWP-1 may comprise one or more first candidate RSs (e.g., candidateBeamRSList) of the DL-BWP-1 and a first search space set (e.g., recoverySearchSpaceID) on the DL-BWP-1 in response to the DL-BWP-1 index and the UL-BWP-1 index being same. The wireless device may complete the BFR of the first cell unsuccessfully. In response to the BFR of the first cell being completed unsuccessfully, the wireless device may, if not monitoring, start monitoring at least one PDCCH of the first cell until the sCellDeactivationTimer timer associated with the first cell expires, The examiner interpretation the BFR monitors a beam candidate list, therefore when a BFR is complete the evaluation of the candidate beam list has been completed],
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of BAI and Cirik because this reduces downlink signaling overhead required to maintain the cell with beam failure detection and/or recovery parameters in an active state. [Cirik, par 0527]
Claim 4, BAI and Cirik illustrate the method of claim 1, BAI fail to show wherein the positive response of the indication is received based on a physical downlink control channel (PDCCH) addressed by a UE identifier via at least one the predicted beam.
In an analogous art Cirik show wherein the positive response of the indication is received based on a physical downlink control channel (PDCCH) addressed by a UE identifier via at least one the predicted beam [par 0360, 0364, The selected beam may be a beam with good channel quality (e.g., RSRP, SINR, or BLER) from a set of candidate beams. The candidate beams may be identified by a set of reference signals (e.g., SSBs, or CSI-RSs). The wireless device may transmit at least a first BFR signal to a gNB in response to the selecting the selected beam. The at least first BFR signal may be associated with the selected beam. The wireless device may receive a first DCI via the PDCCH in the first coreset when the response window is running. The wireless device may consider the BFR procedure successfully completed when receiving the first DCI via the PDCCH in the first coreset before the response window expires].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of BAI and Cirik because this reduces downlink signaling overhead required to maintain the cell with beam failure detection and/or recovery parameters in an active state. [Cirik, par 0527]
5, BAI and Cirik disclose the method of claim 1, wherein the positive response of the indication comprises an uplink grant for a new transmission via the at least one predicted beam [BAI, par 0092, 0100, The UE may use the uplink grant to transmit a BFR MAC-CE to identify additional information regarding the beam failure, such as a TRP identifier for the first TRP, a component carrier or bandwidth part identifier for the failed beam, or an identifier of a new beam to use as the reset beam, among other examples. UE 120 may communicate with network device 805-1 (e.g., on a different beam than the failed beam). UE 120 may receive an uplink grant as a response to the LRR. In this case, the uplink grant may schedule a PUSCH in which UE 120 may transmit a BFR MAC-CE, shown by reference number 850. In some aspects, UE 120 may include, in the BFR MAC-CE, information identifying a best new beam for recovery of a failed SCell. For example, UE 120 may include an SCell index and information identifying one or more new candidate beams].
6, BAI discloses a user equipment (UE) in a wireless communication system, the UE comprising: at least one processor; and at least one computer memory and storing instructions that when executed by the at least one processor cause the UE to perform operations comprising: [par 0155, Additionally, or alternatively, one or more components of the set of components may be implemented at least in part as software stored in a memory. For example, a component (or a portion of a component) may be implemented as instructions or code stored in a non-transitory computer-readable medium and executable by a controller or a processor to perform the functions or operations of the component]
based on a predicted beam related to the serving beam on a cell not being detected, triggering a beam failure recovery (BFR) for the cell[par 0096, The UE may trigger a per-TRP BFR procedure for a particular TRP when a BFD-RS associated with the particular TRP indicates a beam failure condition. In other words, the UE may detect, using a BFD-RS associated with a first TRP in a cell, a beam failure associated with a beam of a first beam group corresponding to the first TRP in the cell];
evaluating by the UE a candidate beam list for the cell [par 0100, For example, UE 120 may include an SCell index and information identifying one or more new candidate beams. In this case, UE 120 may identify the failed TRP (e.g., network device 805-1) and/or a component carrier or bandwidth part identifier associated with the failed beam in the MAC CE based at least in part on identifying the association between the TCI state of the failed beam and the failed TRP];
BFR medium access control (MAC) control element (CE) including information related to at least one candidate beam in a candidate beam list for the cell is transmitted[par 0100, UE 120 may receive an uplink grant as a response to the LRR. In this case, the uplink grant may schedule a PUSCH in which UE 120 may transmit a BFR MAC-CE, shown by reference number 850. In some aspects, UE 120 may include, in the BFR MAC-CE, information identifying a best new beam for recovery of a failed SCell. For example, UE 120 may include an SCell index and information identifying one or more new candidate beams. In this case, UE 120 may identify the failed TRP (e.g., network device 805-1) and/or a component carrier or bandwidth part identifier associated with the failed beam in the MAC CE based at least in part on identifying the association between the TCI state of the failed beam and the failed TRP, as described above].
BAI fail to show transmitting, by the UE, an indication indicating that at least one predicted beam related to the serving beam is to be monitored with starting a timer; and
based on receiving a positive response to the indication while the timer is running.
considering the BFR successfully completed and canceling the BFR, wherein, based on the positive response of the indication not being received until an expiration of the timer and based on the evaluation of the candidate beam list having been completed, BFR medium access control (MAC) control element (CE) including information related to at least one candidate beam in a candidate beam list for the cell is transmitted;
In an analogous art Cirik show transmitting, by the UE, an indication indicating that at least one predicted beam related to the serving beam is to be monitored with starting a timer[par 0359, 0360, 0364, A wireless device may measure a beam pair link quality based on CSI-RSs QCLed with DM-RS for PDCCH. In an example, when multiple contiguous beam failures occur, the wireless device may start a BFR procedure. A wireless device transmits a BFR signal on an uplink physical channel to a gNB when starting a BFR procedure. The wireless device may detect at least one beam failure according to at least one of BFR parameters. The wireless device may start a first timer if configured in response to detecting the at least one beam failure. The wireless device may select a selected beam in response to detecting the at least one beam failure. The selected beam may be a beam with good channel quality (e.g., RSRP, SINR, or BLER) from a set of candidate beams. The candidate beams may be identified by a set of reference signals (e.g., SSBs, or CSI-RSs)]
and based on receiving a positive response to the indication while the timer is running. considering the BFR successfully completed and canceling the BFR[par 0360, 0364, The wireless device may consider the BFR procedure successfully completed when receiving the first DCI via the PDCCH in the first coreset before the response window expires. The wireless device may stop the first timer if configured in response to the BFR procedure successfully being completed. The wireless device may stop the response window in response to the BFR procedure successfully being completed],
wherein, based on the positive response of the indication not being received until an expiration of the timer and based on the evaluation of the candidate beam list having been completed[par 0470, 0570, In an example, first UL-BWP-specific BFR configuration parameters for the UL-BWP-1 may comprise one or more first candidate RSs (e.g., candidateBeamRSList) of the DL-BWP-1 and a first search space set (e.g., recoverySearchSpaceID) on the DL-BWP-1 in response to the DL-BWP-1 index and the UL-BWP-1 index being same. The wireless device may complete the BFR of the first cell unsuccessfully. In response to the BFR of the first cell being completed unsuccessfully, the wireless device may, if not monitoring, start monitoring at least one PDCCH of the first cell until the sCellDeactivationTimer timer associated with the first cell expires, The examiner interpretation the BFR monitors a beam candidate list, therefore when a BFR is complete the evaluation of the candidate beam list has been completed],
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of BAI and Cirik because this reduces downlink signaling overhead required to maintain the cell with beam failure detection and/or recovery parameters in an active state. [Cirik, par 0527]
9, BAI and Cirik creates the UE of claim 6, BAI show wherein the positive response of the indication is received based on a physical downlink control channel (PDCCH) addressed by a UE identifier via the at least one predicted beam.
In an analogous art Cirik show wherein the positive response of the indication is received based on a physical downlink control channel (PDCCH) addressed by a UE identifier via the at least one predicted beam[par 0360, 0364, The selected beam may be a beam with good channel quality (e.g., RSRP, SINR, or BLER) from a set of candidate beams. The candidate beams may be identified by a set of reference signals (e.g., SSBs, or CSI-RSs). The wireless device may transmit at least a first BFR signal to a gNB in response to the selecting the selected beam. The at least first BFR signal may be associated with the selected beam. The wireless device may receive a first DCI via the PDCCH in the first coreset when the response window is running. The wireless device may consider the BFR procedure successfully completed when receiving the first DCI via the PDCCH in the first coreset before the response window expires].
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of BAI and Cirik because this reduces downlink signaling overhead required to maintain the cell with beam failure detection and/or recovery parameters in an active state. [Cirik, par 0527]
10, BAI and Cirik provides the UE of claim 6, wherein the positive response of the indication comprises an uplink grant for a new transmission via the at least one predicted beam [BAI, par 0092, 0100, The UE may use the uplink grant to transmit a BFR MAC-CE to identify additional information regarding the beam failure, such as a TRP identifier for the first TRP, a component carrier or bandwidth part identifier for the failed beam, or an identifier of a new beam to use as the reset beam, among other examples. UE 120 may communicate with network device 805-1 (e.g., on a different beam than the failed beam). UE 120 may receive an uplink grant as a response to the LRR. In this case, the uplink grant may schedule a PUSCH in which UE 120 may transmit a BFR MAC-CE, shown by reference number 850. In some aspects, UE 120 may include, in the BFR MAC-CE, information identifying a best new beam for recovery of a failed SCell. For example, UE 120 may include an SCell index and information identifying one or more new candidate beams].
11, BAI define an apparatus for a user equipment (UE), the apparatus comprising: at least one processor; and at least one computer memory storing instructions that when executed by the at least one processor cause the UE to perform operation [par 0155, Additionally, or alternatively, one or more components of the set of components may be implemented at least in part as software stored in a memory. For example, a component (or a portion of a component) may be implemented as instructions or code stored in a non-transitory computer-readable medium and executable by a controller or a processor to perform the functions or operations of the component],
Comprising based on a beam failure related to a serving beam on a cell being detected triggering a beam failure recovery (BFR) for the cell[par 0096, The UE may trigger a per-TRP BFR procedure for a particular TRP when a BFD-RS associated with the particular TRP indicates a beam failure condition. In other words, the UE may detect, using a BFD-RS associated with a first TRP in a cell, a beam failure associated with a beam of a first beam group corresponding to the first TRP in the cell];
evaluating a candidate beam list for the cell[par 0100, For example, UE 120 may include an SCell index and information identifying one or more new candidate beams. In this case, UE 120 may identify the failed TRP (e.g., network device 805-1) and/or a component carrier or bandwidth part identifier associated with the failed beam in the MAC CE based at least in part on identifying the association between the TCI state of the failed beam and the failed TRP];
a BFR medium access control (MAC) control element (CE) including information related to at least one candidate beam included in a candidate beam list for the cell is transmitted[par 0100, UE 120 may receive an uplink grant as a response to the LRR. In this case, the uplink grant may schedule a PUSCH in which UE 120 may transmit a BFR MAC-CE, shown by reference number 850. In some aspects, UE 120 may include, in the BFR MAC-CE, information identifying a best new beam for recovery of a failed SCell. For example, UE 120 may include an SCell index and information identifying one or more new candidate beams. In this case, UE 120 may identify the failed TRP (e.g., network device 805-1) and/or a component carrier or bandwidth part identifier associated with the failed beam in the MAC CE based at least in part on identifying the association between the TCI state of the failed beam and the failed TRP, as described above].
BAI fail to show transmitting an indication indicating that at least one predicted beam related to the serving beam is to be monitored with starting a timer; and based on receiving a positive response to the indication while the timer is running. considering the BFR successfully completed and canceling the BFR, wherein, based on the positive response of the indication not being received until an expiration of the timer and based on the evaluation of the candidate beam list having been completed,
In an analogous art Cirik show transmitting an indication indicating that at least one predicted beam related to the serving beam is to be monitored with starting a timer[par 0359, 0360, 0364, A wireless device may measure a beam pair link quality based on CSI-RSs QCLed with DM-RS for PDCCH. In an example, when multiple contiguous beam failures occur, the wireless device may start a BFR procedure. A wireless device transmits a BFR signal on an uplink physical channel to a gNB when starting a BFR procedure. The wireless device may detect at least one beam failure according to at least one of BFR parameters. The wireless device may start a first timer if configured in response to detecting the at least one beam failure. The wireless device may select a selected beam in response to detecting the at least one beam failure. The selected beam may be a beam with good channel quality (e.g., RSRP, SINR, or BLER) from a set of candidate beams. The candidate beams may be identified by a set of reference signals (e.g., SSBs, or CSI-RSs)],
and based on receiving a positive response to the indication while the timer is running. considering the BFR successfully completed and canceling the BFR[par 0360, 0364, The wireless device may consider the BFR procedure successfully completed when receiving the first DCI via the PDCCH in the first coreset before the response window expires. The wireless device may stop the first timer if configured in response to the BFR procedure successfully being completed. The wireless device may stop the response window in response to the BFR procedure successfully being completed];
wherein, based on the positive response of the indication not being received until an expiration of the timer and based on the evaluation of the candidate beam list having been completed[par 0470, 0570, In an example, first UL-BWP-specific BFR configuration parameters for the UL-BWP-1 may comprise one or more first candidate RSs (e.g., candidateBeamRSList) of the DL-BWP-1 and a first search space set (e.g., recoverySearchSpaceID) on the DL-BWP-1 in response to the DL-BWP-1 index and the UL-BWP-1 index being same. The wireless device may complete the BFR of the first cell unsuccessfully. In response to the BFR of the first cell being completed unsuccessfully, the wireless device may, if not monitoring, start monitoring at least one PDCCH of the first cell until the sCellDeactivationTimer timer associated with the first cell expires, The examiner interpretation the BFR monitors a beam candidate list, therefore when a BFR is complete the evaluation of the candidate beam list has been completed],
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of BAI and Cirik because this reduces downlink signaling overhead required to maintain the cell with beam failure detection and/or recovery parameters in an active state. [Cirik, par 0527]
12, BAI teaches a non-transitory computer readable storage medium comprising program instructions that, when executed by at least one processor cause a user equipment UE to perform operations comprising: [par 0155, Additionally, or alternatively, one or more components of the set of components may be implemented at least in part as software stored in a memory. For example, a component (or a portion of a component) may be implemented as instructions or code stored in a non-transitory computer-readable medium and executable by a controller or a processor to perform the functions or operations of the component],
based on a beam failure related to a serving beam on a cell being detected, triggering a beam failure recovery (BFR) for the cell[par 0096, The UE may trigger a per-TRP BFR procedure for a particular TRP when a BFD-RS associated with the particular TRP indicates a beam failure condition. In other words, the UE may detect, using a BFD-RS associated with a first TRP in a cell, a beam failure associated with a beam of a first beam group corresponding to the first TRP in the cell];
evaluating, by the UE, a candidate beam list for the cell [par 0100, For example, UE 120 may include an SCell index and information identifying one or more new candidate beams. In this case, UE 120 may identify the failed TRP (e.g., network device 805-1) and/or a component carrier or bandwidth part identifier associated with the failed beam in the MAC CE based at least in part on identifying the association between the TCI state of the failed beam and the failed TRP];
BFR medium access control (MAC) control element (CE) including information related to at least one candidate beam included in a candidate beam list for the cell is transmitted [par 0100, UE 120 may receive an uplink grant as a response to the LRR. In this case, the uplink grant may schedule a PUSCH in which UE 120 may transmit a BFR MAC-CE, shown by reference number 850. In some aspects, UE 120 may include, in the BFR MAC-CE, information identifying a best new beam for recovery of a failed SCell. For example, UE 120 may include an SCell index and information identifying one or more new candidate beams. In this case, UE 120 may identify the failed TRP (e.g., network device 805-1) and/or a component carrier or bandwidth part identifier associated with the failed beam in the MAC CE based at least in part on identifying the association between the TCI state of the failed beam and the failed TRP, as described above].
BAI fail to show transmitting, by the UE, an indication indicating that at least one predicted beam related to the serving beam is to be monitored with starting a timer; and based on receiving a positive response to the indication while the timer is running, considering the BFR successfully completed and canceling the BFR, wherein, based on the positive response of the indication not being received until an expiration of the timer and based on the evaluation of the candidate beam list having been completed,
In an analogous art Cirik show transmitting, by the UE, an indication indicating that at least one predicted beam related to the serving beam is to be monitored with starting a timer[par 0359, 0360, 0364, A wireless device may measure a beam pair link quality based on CSI-RSs QCLed with DM-RS for PDCCH. In an example, when multiple contiguous beam failures occur, the wireless device may start a BFR procedure. A wireless device transmits a BFR signal on an uplink physical channel to a gNB when starting a BFR procedure. The wireless device may detect at least one beam failure according to at least one of BFR parameters. The wireless device may start a first timer if configured in response to detecting the at least one beam failure. The wireless device may select a selected beam in response to detecting the at least one beam failure. The selected beam may be a beam with good channel quality (e.g., RSRP, SINR, or BLER) from a set of candidate beams. The candidate beams may be identified by a set of reference signals (e.g., SSBs, or CSI-RSs)];
and based on receiving a positive response to the indication while the timer is running, considering the BFR successfully completed and canceling the BFR [par 0360, 0364, The wireless device may consider the BFR procedure successfully completed when receiving the first DCI via the PDCCH in the first coreset before the response window expires. The wireless device may stop the first timer if configured in response to the BFR procedure successfully being completed. The wireless device may stop the response window in response to the BFR procedure successfully being completed],
wherein, based on the positive response of the indication not being received until an expiration of the timer and based on the evaluation of the candidate beam list having been completed[par 0470, 0570, In an example, first UL-BWP-specific BFR configuration parameters for the UL-BWP-1 may comprise one or more first candidate RSs (e.g., candidateBeamRSList) of the DL-BWP-1 and a first search space set (e.g., recoverySearchSpaceID) on the DL-BWP-1 in response to the DL-BWP-1 index and the UL-BWP-1 index being same. The wireless device may complete the BFR of the first cell unsuccessfully. In response to the BFR of the first cell being completed unsuccessfully, the wireless device may, if not monitoring, start monitoring at least one PDCCH of the first cell until the sCellDeactivationTimer timer associated with the first cell expires, The examiner interpretation the BFR monitors a beam candidate list, therefore when a BFR is complete the evaluation of the candidate beam list has been completed],
Before the effective filing date it would have been obvious to one of ordinary skill in the art to combine the teachings of BAI and Cirik because this reduces downlink signaling overhead required to maintain the cell with beam failure detection and/or recovery parameters in an active state. [Cirik, par 0527]
Response to Arguments
Notwithstanding, the claims are amended with this paper to recite additional detail and further emphasize the distinctions over the cited references.
Applicant submits that the cited references fail to teach or suggest at least the following features of claim 1 as amended: (i) evaluating, by the UE, a candidate beam list for the cell; (ii) transmitting an indication indicating that at least one predicted beam related to the serving beam is to be monitored, with starting a timer; and (iii) based on receiving a positive response to the indication while the timer is running, considering the BFR successfully completed and canceling the BFR. Amended claim 1 thus recites a beam failure recovery procedure in which a prediction-based recovery is performed while standard candidate-beam evaluation is also performed, and in which the triggered BFR is canceled when a positive response to the predicted beam is received before the timer expires. It is submitted that the cited references fail to teach or suggest the above features.
In the rejection of claim 2, Cirik was cited with respect to features related to starting a timer upon transmitting the indication, and evaluating based on a positive response of the indication not being received via the predicted beam until the timer expires. Applicant respectfully disagrees, however it is submitted that Cirik cannot be argued as disclosing the above features of amended claim 1.
Thus, none of the cited references, including Dimou, teach or suggest using a timer as a decision point to choose between a fast recovery (based on a predicted beam) and a normal recovery (based on an evaluated candidate list). Specifically, the cited prior art does not disclose canceling the triggered BFR if the fast track succeeds before the timer expires. In the cited references, the standard evaluation process is a mandatory prerequisite, not a track that can be preemptively canceled by a faster, prediction-based mechanism.
For at least these reasons, Applicant respectfully submits that claim 1 as amended is patentable over the cited references. Independent claims 6, 11, and 12 as amended are also patentable for the same reasons and dependent claims 4, 5, 9, and 10 are also in condition for allowance, at least by virtue of their dependence on an allowable independent claim.
The examiner response to arguments is that the applicant’s argument is moot in view of newly cited art and rejected claims.
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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/JASON A HARLEY/Examiner, Art Unit 2468
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