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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 07/01/2026 has been entered.
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.
Claim 10 is 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.
The recitation of “wherein, if an adaptation of the negative count is provided, then an adaptation of a positive count is also provided, and/or if an adaptation of the positive count is provided, then an adaptation of the negative count is also provided” recited in claim 10 is vague because it is unclear of whom is providing the “adaptation of the negative count” and the “adaptation of the positive count”. Moreover, it is also unclear the purpose of providing the “adaptation of the negative count” and the “adaptation of the positive count”?
Allowable Subject Matter
Claims 1-9, 11-16 and 18 are allowed over prior art of record.
Claim 10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reference Stover (US 3,262,117) is cited because it is pertinent to the method and apparatus for selecting antenna for transmission/reception. However, the cited reference fails to teach or suggest the arrangements of a device for controlling antenna switching of a radio transceiver having two or more antennas configured to switch a transfer in a form of transmitting and/or receiving signals by a first antenna of the radio transceiver to a transfer of signals by a further antenna of the radio transceiver, wherein an antenna switching decision interval is defined, after which, a decision about the switching between the antennas is provided in each case at an antenna switching decision instant, taking into consideration a negative count of previously successively negative switching decisions as recited in claim 1 and similar limitations as recited in the corresponding method claim 14 and further limitations of the dependent claims 2-13, 15-16 and 18.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DON NGUYEN VO whose telephone number is (571) 272-3018. The examiner can normally be reached on Monday to Friday from 9:00 to 6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth N Vanderpuye, can be reached on 571-272-3078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DON N VO/Primary Examiner, Art Unit 2634
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