DETAILED ACTION
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 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 3 and 9-11 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 3 as amended recites “said device comprises at least one set of three antennas, comprising two first antennas and one second antenna”, while parent claim 1 recites “at least one first antenna and at least one second antenna”. It is unclear whether the first and second antenna(s) of claim 1 are intended to be included in the set(s) of three antennas of claim 3. Claim 3 remains indefinite. To overcome this rejection, the examiner suggests applicant amend claim 3 to read --comprising two of the first antennas and one of the second antenna-- or --comprising at least two of the first antennas and at least one of the second antennas--.
Claim 10 recites “five first antennas and second antennas”, while parent claim 1 recites “at least one first antenna and at least one second antenna”. It is unclear whether the first and second antenna(s) of claim 1 are intended to be included in the set(s) of antennas of claim 10. Claim 10 remains indefinite. To overcome this rejection, the examiner suggests applicant amend claim 10 to read --comprising at least one set of antennas comprising five of the first antennas and five of the second antennas--.
Claim 11 recites “three first antenna and three second antenna” while parent claim 1 recites “at least one first antenna and at least one second antenna”. It is unclear whether the first and second antenna(s) of claim 1 are intended to be included in the sets of antenna of claim 11. Claim 11 remains indefinite. To overcome this rejection, the examiner suggests applicant amend claim 11 to read --comprising three of the first antenna and three of the second antenna-- or --comprising at least three of the first antennas and at least three of the second antennas--.
Response to Arguments
Applicant’s arguments, see page 5, filed 3 August 2026, with respect to the rejections of claims 9, 11, and 12 under 35 U.S.C. 112(b) have been fully considered and are persuasive in light of the amendments to the claims, except as noted above. The rejections of 1 May 2026 have been withdrawn.
Allowable Subject Matter
Claims 1, 4-8, and 12 are allowed for the reasons noted in the prior Office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Carrie R Dorna whose telephone number is (571)270-7483. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at 571-272-4233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARRIE R DORNA/Primary Examiner, Art Unit 3791
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