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 .
Allowable Subject Matter
Claims 1-12, 14-15 and 17 are allowed.
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 13 and 16 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.
Claims 13 recites the limitation "the cost functions" in the limitation. There is insufficient antecedent basis for this limitation in the claim.
Claims 16 recites the limitation "the solutions" and “its eigenvalues” in the “iv” limitation. There is insufficient antecedent basis for this limitation in the claim.
Claims 16 recites the limitation "said solutions" in the “v” limitation. There is insufficient antecedent basis for this limitation in the claim.
Response to Amendment
Rejections under 35 U.S.C. §112(b):
Applicants did not address all the 112(b) issues associated with Claims 13 and 16. Therefore, the 35 U.S.C. §112(b) rejections on the Claims are maintained.
Rejection under 35 U.S.C. §101:
Applicant amended “non-transitory” into Claims Claim 15, therefore, 35 U.S.C. §101 rejections on the Claim and its dependent Claims are respectfully withdrawn.
Rejection under 35 U.S.C. §103:
Applicant’s arguments are persuasive; therefore, 35 U.S.C. §103 rejections are respectfully withdrawn.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHAT HUY T NGUYEN whose telephone number is (571)270-7333. The examiner can normally be reached M-F: 12:00-8:00 EST.
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/NHAT HUY T NGUYEN/Primary Examiner, Art Unit 2147
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