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 .
DETAILED ACTION
This Office Action is in response to a RESPONSE TO ELECTION/RESTRICTION FILED entered on August 6, 2026 for patent application 19/027,047 filed on January 17, 2025.
Claims 1-40 are pending.
Election/Restrictions
Claims 9-18 and 27-40 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on August 8, 2026. The requirement is deemed proper and is therefore made FINAL.
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 1-8 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.
Claim 1 recites “for each modulation and coding schemes of the plurality of modulation and coding schemes, for each selected cell of a plurality of cells, receiving a capacity usage report from the selected cell.”
Applicant’s specification does not seem to support or explain how a capacity usage report is received “for each modulation and coding schemes.” Appropriate correction or explanation is required.
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 1-8 and 19-26 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.
Claim 1 recites “for each modulation and coding schemes of the plurality of modulation and coding schemes, for each selected cell of a plurality of cells, receiving a capacity usage report from the selected cell.”
The syntax of this section of the claim language is confusing. Does the claim language mean receiving a capacity usage report 1) for each modulation scheme, 2) for each coding scheme, and 3) for each selected cell?
Or, alternatively, does the claim language mean receiving a capacity usage report 1) for each modulation scheme for each selected cell, and 2) for each coding scheme for each selected cell?
Or, finally, does the claim language mean receiving a capacity usage report 1) for each modulation and coding scheme for each selected cell? Appropriate correction or explanation is required.
Claim 19 recites “for each modulation and coding schemes of the plurality of modulation and coding schemes, the content distribution system is programmed to and for each selected cell of a plurality of cells, receive a capacity usage report from the selected cell.”
The syntax of this section of the claim language is confusing. The claim states “the content distribution system is programmed to,” but this is followed by no punctuation, and then the word “and.” Appropriate correction or explanation is required.
Conclusion
Claims 1-8 and 19-26 are rejected. Claims 9-18 and 27-40 are withdrawn from consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joshua D Taylor whose telephone number is (571)270-3755. The examiner can normally be reached Monday - Friday 8 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached at 571-272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Joshua D Taylor/Primary Examiner, Art Unit 2426 September 4, 2026
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