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 .
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, 2, 4, 6, 7 and 8 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.
In regards to claim 1 - The term “embody” on lines 5 and 7 renders the scope of the claim unclear and therefore indefinite. The term “embody” following claimed phrase “controller configured execute the computer readable instruction to:” fails to clearly identify which active step is being performed. It is not definite from the claim language that any active control step is being claimed. It is recommended that line 5 and 6 of claim 1 be replaced by “… issue motion commands by a high-level controller under soft real time constraints to a low-level controller; and …”
Line 7, the second positive identification “a low-level controller” renders the claim indefinite. Based on the support from the specification, it is not known which second low-level control the claim is referring.
It is recommended that line 7-9 of claim 1 be replaced by “… issue motion commands by the low-level controller in response to the motion commands under strict real time constraints…”.
Claim 1, line 3 “to” should be added before “execute”.
The dependent claims are also rejected based on their dependency from claim 1.
Allowable Subject Matter
Claims 9, 11, 12, 14, 15, 17, 18, and 20 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Supervisory Patent Examiner Khoi Tran whose telephone number is (571)272-6919. The SPE can normally be reached Mon-Thurs 7:00 AM to 5:30 PM.
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/KHOI H TRAN/Supervisory Patent Examiner, Art Unit 3656
Prosecution Insights