DETAILED ACTION
Applicants’ response filed 2/2/2026 has been considered.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending.
Prior are rejections are maintained in view of amendments and remarks.
Rejections under 35 USC 112 are reformulated in view of amendments.
Drawing corrections are accepted.
Specification corrections are accepted.
Application is pending.
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 1-5 and 11-15 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.
For example, claim 1 recites:
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The claim states, “…transmitting the PUCCH based on the timing relationship configurations information…”
What exactly is transmitted on the PUCCH?
Perhaps the claim should read “transmitting ACK or NACK on the PUCCH…”
Independent claim 11 is rejected for similar reasons. Respective dependent claims 2-5 and 12-15 are rejected at least based on dependency.
Corrections are requested.
Response to Arguments
Applicants’ arguments filed 2/2/2026 have been fully considered but they are not persuasive.
Claim 1:
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Applicants state, “…Examiner admits, D1 fails to disclose or even suggest any configuration regarding numerology…” First off, this is inaccurate and Applicants appear to be misconstruing the prior office action rejections. See prior office action for details. Specifically, the Examiner stated in the prior office action (i.e., on page 13) “D1 does not explicitly teach numerology used for receiving the PDSCH and a numerology used for transmitting the PUCCH being different from each other…” The Examiner would like to point out that the claim language does not mention “configuration regarding numerology” as argued by Applicants. Therefore this point is moot. The secondary reference D2 was introduced to teach the concept of different numerologies used for different channels.
Applicants further contend, “…the cited references do not teach or suggest the timing relationship between a PDSCH and a PUCCH configured within a single cell…” In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., timing relationship between a PDSCH and a PUCCH in a single cell) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). These limitations are not recited in the claim.
It is the Examiner’s conclusion that the claims of the present application, as presented, are not patentably distinct over the prior arts. Applicants are encouraged to formulate claim language that clearly defines the novelty of the application. Prior rejections are maintained. See prior office action for details. If Applicants believe an interview with the Examiner might be useful, then they are welcome to contact the Examiner with proposed amendments for a discussion.
Conclusion
THIS ACTION IS MADE FINAL. See MPEP 706.07(b). 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 MUJTABA M CHAUDRY whose telephone number is (571)272-3817. The examiner can normally be reached Monday-Friday 9am-5:30pm.
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, Albert DeCady can be reached at 571-272-3819. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUJTABA M. CHAUDRY
Primary Examiner
Art Unit 2112
/MUJTABA M CHAUDRY/Primary Examiner, Art Unit 2112
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