`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`WWWISpho.gov
`
` APPLICATION NO.
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`FILING DATE
`
`13/590,423
`
`08/21/2012
`
`Aleksandar Modrag Tasic
`
`121973
`
`9482
`
`23696
`
`7590
`
`‘
`\
`QUALCOMM INCORPORATED
`5775 MOREHOUSEDR.
`SAN DIEGO, CA 92121
`
`06/16/2014
`
`-.
`.
`EXAMINER
`
`TRAN, KHANH C
`
`
`
`2631
`
`
`
`06/16/2014
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period forreply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`us-docketing @qualcomm.com
`
`PTOL-90A (Rev. 04/07)
`
`(cid:42)(cid:49)(cid:51)(cid:19)(cid:17)(cid:18)(cid:26)(cid:14)(cid:17)(cid:17)047(cid:1)
`IPR2019-00047
`(cid:50)(cid:86)(cid:66)(cid:77)(cid:68)(cid:80)(cid:78)(cid:78)(cid:1)(cid:19)(cid:17)(cid:17)(cid:18)(cid:13)(cid:1)(cid:81)(cid:15)(cid:18)
`Qualcomm 2001, p.1
`
`

`

`Applicant(s)
`Application No.
`13/590,423
`TASIC ETAL.
`Advisory Action
`
`
`Before the Filing of an Appeal Brief|Examiner AIA(First inventor to File) Status
`KHANH C. TRAN
`No
`
`
`
`--The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`THE REPLY FILED
`FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
`NO NOTICE OF APPEAL FILED
`1. BX] The reply wasfiled after a final rejection. No Notice of Appeal has beenfiled. To avoid abandonmentofthis application, applicant musttimelyfile
`one of the following replies: (1) an amendment, affidavit, or other evidence, which places the application in condition for allowance;
`(2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41.31; or (3) a Request for Continued Examination (RCE) in compliance with
`37 CFR 1.114 if this is a utility or plant application. Note that RCEs are not permitted in design applications. The reply mustbe filed within one of
`the following time periods:
`months from the mailing date of the final rejection.
`a) [] The period for reply expires
`b) Kl The period for reply expires on: (1) the mailing date of this Advisory Action; or (2) the date set forth in the final rejection, whicheveris later.
`In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.
`c) =) A prior Advisory Action was mailed more than 3 months after the mailing date of thefinal rejection in responsetoafirst after-final replyfiled
`within 2 months of the mailing date of the final rejection. The current period for reply expires
`months from the mailing date of
`the prior Advisory Action or SIX MONTHS from the mailing date of the final rejection, whicheveris earlier.
`Examiner Note: |f box 1
`is checked, check either box (a), (b) or (c). ONLY CHECK BOX (b) WHEN THIS ADVISORY ACTION IS THE
`FIRST RESPONSE TO APPLICANT'S EIRST AFTER-FINAL REPLY WHICH WAS FILED WITHIN TWO MONTHSOF THE FINAL
`REJECTION. ONLY CHECK BOX(c) IN THE LIMITED SITUATION SET FORTH UNDER BOX (c). See MPEP 706.07(f).
`Extensions of time may be obtained under 37 CFR 1.136(a). The date on whichthe petition under 37 CFR 1.136(a) and the appropriate
`extension fee have beenfiled is the date for purposes of determining the period of extension and the corresponding amountof the fee. The
`appropriate extension fee under 37 CFR 1.17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally
`set in the final Office action; or (2) as set forth in (b) or (c) above, if checked. Any reply received by the Office later than three monthsafter the
`mailing date of the final rejection, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
`NOTICE OF APPEAL
`. Abrief in compliance with 37 CFR 41.37 must be filed within two monthsofthe date offiling the
`2. [J TheNotice of Appealwas filed on
`Notice of Appeal (37 CFR 41.37(a)), or any extension thereof (37 CFR 41.37(e)), to avoid dismissal of the appeal. Since a Notice of
`Appeal has been filed, any reply mustbe filed within the time period set forth in 37 CFR 41.37(a).
`AMENDMENTS
`
`3:
`
`The proposed amendmentsfiled after a final rejection, but prior to the dateoffiling a brief, will not be entered because
`a) Kl They raise new issues that would require further consideration and/or search (see NOTE below);
`b) OO They raise the issue of new matter (see NOTE below);
`c) CO They are not deemedto place the application in better form for appeal by materially reducing or simplifying the issues for
`appeal; and/or
`d) C They present additional claims without canceling a corresponding numberoffinally rejected claims.
`NOTE:
`. (See 37 CFR 1.116 and 41.33(a)).
`4. [J The amendments are notin compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).
`5; | Applicant's reply has overcomethefollowing rejection(s):
`6. CL] Newly proposed or amended claim(s)
`would be allowable if submitted in a separate, timely filed amendment canceling the non-
`allowable claim(s).
`will not be entered, or (b) 1] will be entered, and an explanation of how the
`7.) For purposes of appeal, the proposed amendment(s): (a)
`new or amended claims would be rejected is provided below or appended.
`AFFIDAVIT OR OTHER EVIDENCE
`‘
`8s.LJA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`9. (1 Theaffidavit or other evidencefiled after final action, but before or on the date offiling a Notice of Appeal will not be entered because
`applicant failed to provide a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was notearlier
`presented. See 37 CFR 1.116(e).
`10. CF The affidavit or other evidencefiled after the dateoffiling the Notice of Appeal, but prior to the date offiling a brief, will not be entered
`because the affidavit or other evidence failed to overcomeall rejections under appeal and/or appellant fails to provide a showing of good
`and sufficient reasons whyit is necessary and was not earlier presented. See 37 CFR 41.33(d)(1).
`11. D Theaffidavit or other evidence is entered. An explanation ofthe status of the claims after entry is below or attached.
`REQUEST FOR RECONSIDERATION/OTHER
`12. [J The requestfor reconsideration has been considered but does NOTplace the application in condition for allowance because:
`
`13. KJ] Note the attached Information Disclosure Statement(s). (PTO/SB/08) Paper No(s).
`14. [] Other:
`.
`STATUS OF CLAIMS
`
`Primary Examiner, Art Unit 2631 U.S. Patent and Trademark Office
`
`15. The status of the claim(s) is (or will be) as follows:
`(cid:42)(cid:49)(cid:51)(cid:19)(cid:17)(cid:18)(cid:26)(cid:14)(cid:17)(cid:17)047(cid:1)
`Cacames,
`=
`IPR2019-00047
`Claim(s) objected to: 2-10,13-16,18 and 20.
`(cid:50)(cid:86)(cid:66)(cid:77)(cid:68)(cid:80)(cid:78)(cid:78)(cid:1)(cid:19)(cid:17)(cid:17)(cid:18)(cid:13)(cid:1)(cid:81)(cid:15)(cid:19)
`Claim(s) rejected: 1,11,12,17 and 19.
`Qualcomm 2001, p.2
`Claim(s) withdrawn from consideration:
`
`/KHANH C TRAN/
`
`PTOL-303 (Rev. 08-2013)
`
`Advisory Action Before the Filing of an Appeal Brief
`
`Part of Paper No. 20140611
`
`

`

`Continuation Sheet (PTOL-303)
`
`Application No.
`
`The proposed amendmentfiled 6/6/2014 after Final Rejection includes the newly features "employing carrier aggregation" on independent
`claims 1, 17 and 19. Because the newly features are new issues and would require further consideration and search, therefore,
`the
`proposed amendment won't be entered for the aforementioned reasons.
`
`(cid:42)(cid:49)(cid:51)(cid:19)(cid:17)(cid:18)(cid:26)(cid:14)(cid:17)(cid:17)047(cid:1)
`IPR2019-00047
`(cid:50)(cid:86)(cid:66)(cid:77)(cid:68)(cid:80)(cid:78)(cid:78)(cid:1)(cid:19)(cid:17)(cid:17)(cid:18)(cid:13)(cid:1)(cid:81)(cid:15)(cid:20)
`Qualcomm 2001, p.3
`
`