DETAILED ACTION
Claim(s) 85-104 have been examined and are pending.
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
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.
Claim(s) 85-104 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Refer to independent claim 85, which has been amended to at least recite the following,
“determining whether the maximum number of CSI-RS resources on which the UE can be configured to report satisfies a criterion…
…wherein the UE is indicated by the indication to measure and report on a CSI-RS from the first set as a result of determining that the maximum number of CSI-RS resources the UE can be configured to report on does not satisfy the criterion, or
the UE is indicated by the indication to measure and report on a specific TRP's CSI-RS from the second set as a result of determining that the maximum number of CSI-RS resources the UE can be configured to report on satisfies the criterion.”
The Instant Application as filed with respect to a feature of making a determination, “…determining….” based on a maximum number of CSI resources of which a UE can be configured to report, “…whether the maximum number of CSI resources on which the UE can be configured to report…” specifically, has support for making this determination according to whether the maximum number of CSI resources on which the UE can be configured is above or below or a threshold, see where the Instant Application at least recites the following:
“[0014] According to an embodiment of the first aspect or the second aspect, the configuration message enables the UE to become configured to report on at least a CSI-RS from the first set if the maximum number of CSI-RS resources the UE can be configured to report on is below a first threshold value…
[0015] According to an embodiment of the first aspect or the second aspect, the configuration message enables the UE to become configured to report on at least a group of CSI-RSs from the second set if the maximum number of CSI-RS resources the UE can be configured to report on is equal to or above a first threshold value…
[0017] According to an embodiment of the first aspect or the second aspect, the indication indicates to the UE to measure and report on a CSI-RS from the first set if the maximum number of CSI-RS resources the UE can be configured to report on is below a first threshold value…
[0018] According to an embodiment of the first aspect or the second aspect, the indication indicates to the UE to measure and report on a chosen TRP's CSI-RS from the second set if the maximum number of CSI-RS resources the UE can be configured to report on is equal to or above a first threshold value…
[0022] According to an embodiment of the first aspect or the second aspect, the indication indicates to the UE to report on a CSI-RS from the first set if the maximum number of CSI-RS resources the UE can be configured to report on is below a first threshold value and a data traffic of the UE is equal to or above a second threshold…
[0023] According to an embodiment of the second aspect, the method further comprises: receiving a further configuration message for enabling the UE to become re-configured to report on at least a chosen TRP's CSI-RS from the second set if not already configured with said CSI-RS. The indication indicates to the UE to report on said chosen TRP's CSI-RS from the second set if the maximum number of CSI-RS resources the UE can be configured to report on is below a first threshold value and a data traffic of the UE is below a second threshold…
[0024] According to an embodiment of the first aspect or the second aspect, the indication indicates to the UE to report on a CSI-RS from the first set if the number of CSI-RS resources the UE supports is above a first threshold value and CoMP signaling is desired…
[0025] According to an embodiment of the first aspect or the second aspect, the indication indicates to the UE to report on a chosen TRP's CSI-RS from the second set if the number of CSI-RS resources the UE supports is above a first threshold value and CoMP signaling is not desired…
[0063] The maximum number of CSI-RS resources the UE 100 can be configured to report on is used to determine, 105, if the number of supported CSI-RS resources is equal to or above a first threshold value…”
With respect to make making the determination, “…determining….” based on a maximum number of CSI resources of which a UE can be configured to report, “…whether the maximum number of CSI resources on which the UE can be configured to report on…” satisfying/not satisfying a criterion, “….satisfies the criterion/does not satisfy the criterion”, the Instant Application as originally filed is silent on a criterion. Furthermore, with respect to the claimed determination, other than the recited first and second thresholds (see Instant Application, [Par. 14 – Par. 18, Par. 22 – Par. 25, and 63] there is no other examples provided as to any other criteria/criterion that the maximum number of CSI resources could satisfy. Thus, for the reasons explained it is believed that claim 85 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Independent claim(s) 86, 87, and 93 recite substantially the same features with the new matter recited in claim 85 and thus are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement, for the same reasons provided with respect to claim 85. All remaining claims are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement, due to dependency on any one of the independent claims.
Allowable Subject Matter
Claim 85-107 would be allowable pending resolution of the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARELL A HAMPTON whose telephone number is (571)270-7162. The examiner can normally be reached 9:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 5712723795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TARELL A HAMPTON/Examiner, Art Unit 2476 /AYAZ R SHEIKH/Supervisory Patent Examiner, Art Unit 2476
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