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 .
This Office Action is in response to the Applicants' amendment received on 01/05/2026.
Claim Status
Claims 1, 3, 5-9, 11, 13-17, 19-23 are currently presenting for examination.
This action has been made NON-FINAL.
Response to Arguments
Applicants' arguments filed 01/05/2026 have been fully considered but are moot in view of the new ground(s) of rejection.
Claim Objections
Claim 9 is objected to because of the following reasons:
For claim 9, from the claim language, Examiner assumes that it is the at least one processor that perform the functional steps.
However, Examiner recommends Applicants to further clarify the claim language by amending the claim language as follow:
“cause the [[apparatus]] at least one processor at least to…”
Otherwise, if Applicants intends for some other hardware components of the apparatus to perform the steps, then please amend the claims to include those hardware components and clearly indicate that those hardware components perform the steps.
If Applicants intends for any unknown hardware components of the apparatus to perform the steps, then please clearly states so on record. However, Applicants are reminded that doing so will raise 112 issues since then the claim language would impose no limits as to a particular structure for performing the claimed invention; hence the claims may cover all devices for/ways for performing the claimed functions. As thus, there is a failure to provide a clear-cut indication of claim scope because the functional language is not sufficiently precise and definite, resulting in no boundaries on the claim limitation.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3, 11, 19 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form since they do not contain a reference to a valid claim.
Claim 3 depends on cancelled claim 2.
Claim 11 depends on cancelled claim 10.
Claim 19 depends on cancelled claim 18.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1, 5-9, 13-17, 20-23 are allowed. (Please also resolve claim objections issues indicated above where appropriate)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA B HUYNH whose telephone number is (571)270-7185. The examiner can normally be reached Monday - Friday 1:00 PM - 9:35 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at (571) 272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHOA HUYNH/Primary Examiner, Art Unit 2462