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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
Claims 1-5, 7-10, 12, 16-18 and 20-26 are pending and have been examined below.
Response to Arguments
Applicant's arguments and amendments with respect to 35 USC 101 and 103 have been considered and are persuasive. The rejections are withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 USC 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 USC 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 1-5, 7-10, 12, 16-18 and 20-26 are rejected under 35 USC 112(b) or 35 USC 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.
Claims 1, 7 and 16
The term/phrase “prevent, based on receiving the response denying the identification selection, modification of the data structure” renders the claim indefinite. Since it is not necessarily the case that modification of the data structure occurs, specifically in the “denying” response, there doesn’t appear to be any need for prevention of modification of the data structure. Given the context, the following language appears to be more appropriate for the limitation: “maintain, based on receiving the response denying the identification selection, the data structure”.
In the instance(s) above, one of ordinary skill in the art would not be able to determine the metes and bounds of the claims, thus rendering the claimed invention vague and indefinite. Correction is required.
Claims dependent on the above claims do not remedy their deficiencies, so they are rejected for similar reasons.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner KRISHNAN RAMESH whose telephone number is (571)272-6407. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn, can be reached at (571)272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISHNAN RAMESH/
Primary Examiner, Art Unit 3663
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