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 .
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot in view of the new ground of rejection below.
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.
The following is a quotation of 35 U.S.C. 112(b):
Claim(s) 1-4, 6-7, 10-11, 13, 15-16, 18-19, 22-23, and 25-29 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 pre-AIA the applicant regards as the invention.
Regarding Claim 1, the claim recites,
A monitoring device comprising:
a control system assembly;
a digital-analog mixing assembly;
a frequency band selection assembly; and
an antenna,
wherein the control system assembly is respectively connected with the digital-analog mixing assembly and the frequency band selection assembly, one end of the frequency band selection assembly is connected with the digital-analog mixing assembly through one or two channels, and the other end of the frequency band selection assembly is connected with the antenna,
wherein the control system assembly is configured to acquire a signal carrying at least one of target object information, device information, or user information, and to control the digital-analog mixing assembly to selectively generate one or two signals respectively in one or two frequency bands based on the acquired signal and transmit the one or two signals through the one or two channels respectively corresponding to the one or two frequency bands,
wherein the control system assembly is further configured to control the frequency band selection assembly to turn on the one or two channels, which correspond to the one or two frequency bands, to transmit the one or two signals of the one or two frequency bands by the antenna,
wherein the monitoring device is configured to transmit a signal of a first frequency band among the two frequency bands, and further configured to selectively transmit a signal of a second frequency band among the two frequency bands simultaneously with the signal of the first frequency band according to a signal transmission status of the first frequency band. (Emphasis added)
A. In the final paragraph of Claim 1, the phrase “the two frequency bands” is recited. However, the preceding portions of the claim only introduce “one or two frequency bands.” The use of the definite article “the” implies a fixed set of exactly two bands, which lacks a proper antecedent basis in the earlier “one or two” alternative recitation.
Furthermore, this creates a logical contradiction: if the device is configured in a mode utilizing only “one” frequency band (as permitted by the “one or two” language), the subsequent requirement to select from the “the two frequency bands” becomes technically impossible or nonsensical. The metes and bounds of the claim are therefore unclear as to whether the monitoring device must always have two bands available or if it can function with only one.
B. The claim introduces a “frequency band selection assembly” connected through “one or two channels.” However, the final limitation of the claim requires the monitoring device to “selectively transmit a signal of a second frequency band … simultaneously with the signal of the first frequency band.”
It is unclear how simultaneous transmission of two distinct frequency bands is achieved in the embodiment where only “one channel” is provided. If “one channel” refers to a single physical path or port, the claim fails to define how two separate signals are handled simultaneously without interference or if they require the “two channels” configuration. This inconsistency between the structural hardware (one channel) and the functional result (simultaneous dual-band transmission) renders the claim indefinite.
C. The term “selectively” (e.g., “selectively generate,” “selectively transmit”) as used in Claim 1 is considered purely functional and lacks sufficient structural or algorithmic limitation. It is unclear what specific criteria the control system performs the selection. This results in a claim that describes a desired result rather than the specific means or method for achieving that result.
D. The phrase “according to a signal transmission status of the first frequency band” is indefinite because if fails to provide an objective standard for determining the scope of the “status.”
The term “status” is broad and could refer to various disparate conditions such as signal strength, interference levels, data traffic congestion, a type of signal transmission, or hardware failure. Without a more specific definition of what constitute a “status” that triggers the transmission of the second frequency band, one of ordinary skill in the art would not be able to determine when the monitoring device is infringing the claimed functional limitation.
Applicant is required to amend the claim to ensure structural and functional consistency.
Regarding claims 13, 25, and 29, the claims show indefiniteness without proper composition elements as discussed above for Claim 1.
Regarding claims 2-4, 6-7, 10-11, 15-16, 18-19, 22-23, and 26-28 these claims depend from claims 1, 13, or 25, respectively, thus carry the same indefiniteness issues as discussed above, and therefore are rejected on the same grounds discussed above.
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 WON JUN CHOI whose telephone number is (703)756-1695. The examiner can normally be reached MON-FRI 08:00 - 17:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick W Ferris can be reached at 571-272-3123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WON JUN CHOI/Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411