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.
Claims 27-41 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.
Newly added claims 27-41 recite a “cell switch command,” “cell switch procedure” and “ongoing” However, the phrase “cell switch” and “command” does not appear in the original disclosure. With respect to “procedure,” the original disclosure recites procedures associated with “mobility procedure” (e.g. paragraph 0003) and “random access procedure” (e.g. paragraph 0005). Further, “cell switch procedure to be ongoing” does not appear explicitly or implicitly in the original disclosure. Thus, the newly added claimed subject matter is unsupported by the original disclosure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pezeshki et al. (US 2021/0212091 A1) teach cell switching using L1 measurements in paragraph 0109.
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MELVIN C. MARCELO
Primary Examiner
Art Unit 2463
/MELVIN C MARCELO/Primary Examiner, Art Unit 2463 June 27, 2026
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