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 Amendments
The amendments to the claims filed on 01/22/2026 have been acknowledged accepted and entered. Preciously claims 1 – 30 and 33 – 55 were pending, claims 1, 27, 43, and 53 are amended. Now claims 1 – 30 and 33 – 55 are still currently pending.
Response to Arguments
Applicant’s arguments with respect to independent claims 1, 27, and 53 have been fully considered and are persuasive. The 103 claim rejections of claims 1, 27, and 53 and their respective dependent claims, have been herein withdrawn.
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 1 – 30 and 33 – 55 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.
Regarding claims 1, 27, and 53, the claims state “the second confidence value” in their respective claims. There is insufficient antecedent basis for this limitation in the claims as it is the first time the term is used and has no previous explanation of structure associated with it. Therefore, the claims are rejected for lack of antecedent basis and for failing to particularly point out and distinctly claim the subject matter of the claimed invention.
Claims 2 – 26, 28 – 30, 33 – 52, and 54 – 55 are rejected based on their dependency to claims, 1 and 27 respectively.
Conclusion
THIS ACTION IS MADE FINAL. 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEJANDRO HERNANDEZ whose telephone number is (703)756-1876. The examiner can normally be reached M-F 8 am - 5 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John M Villecco can be reached at (571) 272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEJANDRO HERNANDEZ/ Examiner, Art Unit 2661
/JOHN VILLECCO/ Supervisory Patent Examiner, Art Unit 2661