`
`UNITED STA'l‘ES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Oflice
`Ad(lrus~;:(IOMMISSION1iR FOR l’A'l'liN'l'S
`P.O. lino: I450
`Alcxmldria. Virginia 223B- IJSU
`www.1isplo.giw
`
`APPLICA'I‘ION NO.
`
`FILING 1)r\'|'1".
`
`FIRST NAMI‘J) IRWIEN'I'OR
`
`A'I'I‘ORNILY1)O{‘KI'L’I‘ NO.
`
`(TONI-"IRMA'I'ION NO.
`
`1 315190.423
`
`081’2112012
`
`Alcks :mdar Mod rag 'I‘a si(‘
`
`12 | 923
`
`9482
`
`23696
`
`T590
`
`‘
`,
`QUMOMM mconmRATEr)
`5717’5 MOREHOUSE DR.
`SAN DIEGO, CA 92121
`
`[161' I 61'30 I -'I
`
`..
`_
`11X \MINILR
`
`TRAN- KUANH C
`
`
`2631
`
`
`
`0611612014
`
`ELECTRON [C
`
`Please find below andlor attached an Office communication concerning this application or proceeding.
`
`The time period for reply, 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):
`
`[IS-(10¢ kcling @qualcmnlncom
`
`PTOL—QOA (Rev. 04m?)
`
`(cid:42)(cid:49)(cid:51)(cid:19)(cid:17)(cid:18)(cid:26)(cid:14)(cid:17)(cid:17)(cid:18)(cid:19)(cid:25)(cid:1)
`IPR2019-00128
`(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
`
`

`

`Advisory Action
`Before the Fiiing of an Appeai Brief
`
`Applicantts)
`Application No.
`
`13/590,423
`TASIC ET AL.
`Examiner
`KHANH c. TRAN
`
`AIA{First Inventor to File] sums
`No
`
`--The MAiLiNG DATE of 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. E The reply was filed after a final rejection. No Notice of Appeal has been filed. To avoid abandonment of this application, applicant must timely file
`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
`3? CFR 1.114 if this is a utility or plant application. Note that RCEs are not permitted in design applications. The reply must be filed within one of
`the following time periods:
`months from the mailing date of the final rejection.
`a) D The period for reply expires
`bj E The period for reply expires on: (1} the mailing date of this Advisory Action: or {2} the date set forth in the final rejection, whichever is 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) D A prior Advisory Action was mailed more than 3 months after the mailing date of the final rejection in response to a first after—final reply filed
`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, whichever is earlier.
`Examiner Note: If box 1
`is checked, check either box [a], (b) or (c). ONLY CHECK BOX lb] WHEN THIS ADVISORY ACTION IS THE
`FIRST RESPONSE TO APPLICANTS FIRST AFTER-FINAL REPLY WHICH WAS FILED WITHIN TWO MONTHS OF THE FINAL
`REJECTION. ONLY CHECK BOX (c) IN THE LIMITED SITUATION SET FORTH UNDER BOX {c}. See MPEP 706.07“).
`Extensions of time may be obtained under 37 CFR 1.136(a). The date on which the petition under 37 CFR 1.136(aj and the appropriate
`extension fee have been filed is the date for purposes oi determining the period of extension and the corresponding amount of 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 (bj or (c) above. if checked. Any reply received by the Office later than three months alter 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
`
`. A brief in compliance with 37 CFR 41.37 must be filed within two months of the date of filing the
`2. El The Notice of Appeal was filed on
`Notice of Appeal [37 CFR 41 .37iajj, 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 must be filed within the time period set forth in 37 CFFI 41 .37[ ).
`AMENDMENTS
`
`3.
`
`The proposed amendments filed after a final rejection, but prior to the date of filing a brief. will n_ot be entered because
`a) X They raise new issues that would require further consideration andicr search (see NOTE below);
`b} El They raise the issue of new matter (see NOTE below};
`c) El They are not deemed to place the application in better form for appeal by materially reducing or simplifying the issues for
`appeal; andicr
`d) I] They present additional claims without canceling a corresponding number of finally rejected claims.
`NOTE:
`. [See 37 CFR 1.116 and 41 .33iajj.
`4. CI The amendments are not in compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment [PTOL-324).
`5. El Applicant‘s reply has overcome the following rejectionfs):
`6. El Newly proposed or amended claimis)
`would be allowable if submitted in a separate, timely filed amendment canceling the non-
`allowable claim( I.
`will not be entered, or (bi El will be entered, and an explanation of how the
`7. E For purposes of appeal, the proposed amendmentisj: (a)
`new or amended claims would be rejected is provided below or appended.
`AFFIDAVIT OR OTHER EVIDENCE
`
`8. El A declarationisjiaffidavitjs} under 37 CFR 1.130(b) wasiwere filed on
`9. [I The affidavit or other evidence filed after final action, but before or on the date of filing a Notice of Appeal will n_ot be entered because
`applicant failed to provide a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was not earlier
`presented. See 37 CFR 1.116[ ).
`10. [I The affidavit or other evidence filed after the date of filing the Notice of Appeal, but prior to the date of filing a brief, will n_ct be entered
`because the affidavit or other evidence failed to overcome a_H rejections under appeal andior appellant fails to provide a showing of good
`and sufficient reasons why it is necessary and was not earlier presented. See 37 CFR 41 .33(d)(1j.
`1 1. [I The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached.
`REQUEST FOR RECONSIDERATIONIOTHER
`
`12. [I The request for reconsideration has been considered but does NOT place the application in condition for allowance because:
`
`
`
`13. E Note the attached Information Disciosure Statementis). (PTOiSBiOS) Paper Nc( ).
`14. El Other:
`.
`STATUS OF CLAIMS
`
`15. The status of the claimjs} 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)(cid:18)(cid:19)(cid:25)(cid:1)
`Claimis) allowed:
`.
`_
`Claimts) objected to: 2-10,13-16,18 and 20.
`IPR2019 00128
`(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)
`Claimisj rejected: 1,11,12,17 and 19.
`Qualcomm 2001, p.2
`Claim(sj withdrawn from consideration:
`
`US. Patent and Trademark Office
`PTOL-303 (Rev. 08-2013)
`
`iKHANH C TRAN}r
`
`Primary Examiner, Art Unit 2631
`
`Advisory Action Before the Filing of an Appeal Brief
`
`Part of Paper No. 20140611
`
`

`

`Continuation Sheet (PTOL-303)
`
`Application No.
`
`The proposed amendment filed 6f6f2014 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)(cid:18)(cid:19)(cid:25)(cid:1)
`IPR2019-00128
`(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
`
`