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 Amendment
This action is responsive to applicant's amendment and remarks received on 09/06/2025.
Claim Objections
Claims 4, 6, 8-10 are objected to because of the following informalities: they recite “…the step…” followed by a corresponding functional limitation; however, there is insufficient antecedent basis for this limitation in the claims. Furthermore, there are no corresponding method steps. Appropriate correction is required.
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 and 3-10 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.
The preamble of claim 1 recites “A communication method for a capsule system, comprising:”, but the body of the claim is not presented in method form. A method claim must recite steps of carrying out the method (e.g., “transmitting,” “determining,” “performing). Instead, the body of the claim is written in an apparatus/system format, reciting functional limitations of “a capsule” and “a configurator” without presenting any method steps. Therefore, it is unclear whether the applicant intends to claim a method of operation or an apparatus/system. A claim must be consistent in scope and statutory class. See MPEP 2173.05(p).
Claims 3-10 are rejected the same because they depend upon claim 1 and have similar issues as claim 1.
Response to Arguments
Applicant’s arguments have been considered but are moot because the arguments do not apply to the new 35 U.S.C. 112(b) being used in the current rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAJSHEED O BLACK-CHILDRESS whose telephone number is (571)270-7838. The examiner can normally be reached M to F, 10am to 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached at (571) 272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAJSHEED O BLACK-CHILDRESS/Examiner, Art Unit 2685
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