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 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.
Claim 13 is 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 13 was amended to “the processing circuitry to transmit a third signal directed to the first communication node using the transmitter based on the first received signal strength being greater than the second received signal strength.” The Examiner notes that Claim 13 depends on independent Claim 9 which recites an unconditional limitation of “transmit a signal directed to a first communication node using a transmitter of an electronic device.” It is not clear that the original disclosure supports the transmission of a third signal to the first communication node when there is already a transmission to the first node. Applicant cites paragraphs 39, 43-46, and 56-65 and FIG.5 for support of the amendments, but it is not clear where in particular to the cited sections that recites the “third signal.”
Allowable Subject Matter
Claims 1-12 and 14-20 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELVIN C MARCELO whose telephone number is (571)272-3125. The examiner can normally be reached M-F 9:30-6:00.
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MELVIN C. MARCELO
Primary Examiner
Art Unit 2463
/MELVIN C MARCELO/Primary Examiner, Art Unit 2463 June 27, 2026
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