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 .
DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 02/02/2024 and 06/25/2025 has been considered by Examiner and made of record in the application file.
3. Claims 11-19 canceled.
Claim Rejections - 35 USC § 101
4. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
5. Claim 21 is rejected under 35 U.S.C. 101 because the claimed invention is not clear support of what “medium” has been positively disclosed as.
The claimed invention appears to be “A computer-readable storage medium, having a computer program stored thereon, …” is nonstatutory. Claim 21 is not limited to tangible embodiments. It is not clear support of what “medium” has been positive disclosed as. It can be reasonably interpreted that the computer-readable storage medium would include embodiments including propagation media, such as carrier waves, which fail to establish a statutory category of invention. Amending the specification as well as the claim to recite "A non-transitory computer-readable storage medium…" is believed to be sufficient to overcome this rejection.
Claim Rejections - 35 USC § 112
6. 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.
7. Claims 1-10 and 20-29 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.
Claim 1 recites limitation "...a positioning parameter..." in line 12; the term “a positioning parameter" is previously presented in the claim line 1. It is not cleared that the limitation "a positioning parameter" in line 12 referred back to the limitation "a positioning parameter” claimed previously in line 1. Clarification is required.
Claim 1 also recites the limitation "the antenna array deviation function" in lines 8-9; the term “antenna array deviation function" is not previously presented in the claim. There is insufficient antecedent basis for these limitations in the claim.
Claims 2-10 depend on claim 1. Therefore, the rejection of claims 2-10 are rejected the same as the rejection of claim 1 set forth above.
Claim 20 recites the limitation "the antenna array deviation function" in lines 11-12; the term “antenna array deviation function" is not previously presented in the claim. There is insufficient antecedent basis for these limitations in the claim.
Claims 22-29 depend on claim 20. Therefore, the rejection of claims 22-29 are rejected the same as the rejection of claim 20 set forth above.
Claim 21 recites the limitation "the antenna array deviation function" in lines 11-12; the term “antenna array deviation function" is not previously presented in the claim. There is insufficient antecedent basis for these limitations in the claim.
Conclusion
8. Any response to this action should be mailed to:
Mail Stop_________ (Explanation, e.g., Amendment or After-final, etc.)
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Facsimile responses should be faxed to:
(571) 273-8300
Hand-delivered responses should be brought to:
Customer Service Window
Randolph Building
401 Dulany Street
Alexandria, VA 22313
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan H. Nguyen whose telephone number is (571) 272-8329. The examiner can normally be reached on 8:00Am - 5:00Pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pan Yuwen can be reached on (571) 272-7855. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/TUAN H NGUYEN/Primary Examiner, Art Unit 2649