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 .
Response to Arguments
Applicant’s arguments with respect to claims 19-36 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Due to the new grounds of rejection, this action is made non-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 19-36 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 19 (lines 14-15) recites “decode the identifier from the isolated audio signal to form a decoded identifier.” There is no support in the written description for such a recitation, strictly speaking. Upon a review of the written description the Examiner could find no support for this recitation. A text search of the written description of the most relevant terms in claim 19 yields nothing (e.g., decoding, identifier and isolated (and their cognates) do not even appear in a single paragraph).
Claim 24 (lines 8-9) recites “encoding unique identifier corresponding to the function, wherein the unique identifier identifies the tone corresponding to the audio signal.” There is no support in the written description for such a recitation, strictly speaking. Upon a review of the written description the Examiner could find no support for this recitation. A text search of the written description of the most relevant terms in claim 19 yields nothing (e.g., encoding, unique, and identifier (and their cognates) do not even appear in a single sentence together).
Claim 31 (lines 15-16) recites “decode the identifier from the isolated audio signal to form a decoded identifier.” There is no support in the written description for such a recitation, strictly speaking. Upon a review of the written description the Examiner could find no support for this recitation. A text search of the written description of the most relevant terms in claim 19 yields nothing (e.g., decoding, identifier and isolated (and their cognates) do not even appear in a single paragraph).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON F ROANE whose telephone number is (571)272-4771. The examiner can normally be reached generally Mon-Fri 8am-9pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON F ROANE/Primary Examiner, Art Unit 3792
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