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 Arguments
Applicant's arguments filed with respect to the rejection under 35 USC 112(a) have been fully considered but they are not persuasive. While the claim has been amended, to recite “the operator of each counter or office of said plurality of counters or offices to control said second camera for the autonomous acquisition of said images and/or videos”, there is no description of “autonomous” acquisition in the specification. The specification does not mention the word “autonomous”. Autonomous is defined as “able to carry out tasks and adapt to new information without direct human guidance or intervention” (Merriam-Webster). The specification and Applicant remarks describes at [0065], [0069] and pg6 of the remarks, “the API sends the control command to the user device, allowing the operator to remotely initiate the capture of the document image” (emphasis added). This conflicts with the definition of autonomous. Amended claim 9 is rejected under 35 USC 112.
The rejection of claim 8 under 35 USC 112(b) has been withdrawn in response to cancellation of the claim.
The rejection of claim 17 under 35 USC 112(b) has been upheld and updated to claim 9. The claim recites “the autonomous acquisition”. There is no antecedent basis for the term. The claim contains no earlier recitation or limitation of autonomous acquisition
Applicant’s arguments with respect to rejections under 35 USC 101 have been fully considered and are persuasive. The 35 USC 101 rejection has been withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 9 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claim recites “allowing the operator… to control said second camera for the autonomous acquisition of said images and/or videos. The specification clearly states the operator controls the various functions directly through the management system [0067] and the operator of the web desk, having to acquire the documents…, when the shot is clear, he/her will take a photo…” [0069]. There is no disclosure of autonomous acquisition of said images and/or videos.
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 9 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. Claim 9 recites "the autonomous acquisition”. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter: None of the cite prior art taken alone or in combination specifically disclose the claimed features of communication devices (U1, U2, U3) are provided with means for the acquisition of images and videos comprising a first camera suitable for allowing user identification and a second camera for acquisition of images and/or videos of documents wherein said CRM functions are interfaced with the web portal through A.P.I. web sites for allowing the operator of each counter or office of said plurality of counters or offices (OP1, OP2, OP3) to control said second camera for the autonomous acquisition of said images and/or videos.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pertinent prior art is included in the attached PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOHNNA LOFTIS whose telephone number is (571)272-6736. The examiner can normally be reached M-F 7:00am-3:30pm.
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JOHNNA LOFTIS
Primary Examiner
Art Unit 3625
/JOHNNA R LOFTIS/Primary Examiner, Art Unit 3625