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, 3, 4, 6 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.
Claim 1, line 26, “the threshold range” lacks antecedent basis.
Claim 1, line 27, the phrase “a threshold range” is unclear because it is unclear what threshold range this refers to.
Claim 1, line 29, the phrase “switch from control” is unclear because it is unclear what “control” the claim is talking about.
Claim 1, line 31, the phrase “to control to adjust” is unclear and awkward.
Claim 1, line 33, the phrase “the threshold range” is unclear because which threshold is being referred to.
Claim 4, line 24, “the threshold range” lacks antecedent basis.
Claim 4, line 25, the phrase “a threshold range” is unclear because it is unclear what threshold range this refers to.
Claim 4, line 27, the phrase “switch from control” is unclear because it is unclear what “control” the claim is talking about.
Claim 4, line 29, the phrase “to control to adjust” is unclear and awkward.
Claim 4, line 31, the phrase “the threshold range” is unclear because which threshold is being referred to.
Allowable Subject Matter
Claims 1, 3, 4, 6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Response to Arguments
Applicant's arguments filed February 27, 2026 have been fully considered and are persuasive. Specifically the prior art of record does not teach the combination of elements in claims 1, 3,4,6 including the controlling features of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY GLENN MCDONALD whose telephone number is (571)272-1340. The examiner can normally be reached Hoteling: M-Th every Fri off..
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/RODNEY G MCDONALD/Primary Examiner, Art Unit 1794
RM
May 19, 2026
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