DETAILED ACTION
Notice of Pre-AIA or AIA Status
I. 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 Amendment
II. This action is in response to applicants amendment/arguments filed on June 11, 2026. This action is made FINAL.
Allowable Subject Matter
III. Claims 1 and 11 may 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.
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.
IV. Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Claim 1 recites “an error vector measurement exclusion period that is substantially equal to a declared transient period of the mobile device” in lines 11-12. The specification describes “the error vector measurement exclusion period is substantially equal the transient period” (see the specification, paragraphs [0015], [0032], and [0044]); [0054]) and “an EVM measurement exclusion period (ep) which duration matches the declared transient period” (see the specification, paragraph [0164]).
The duration of the “error vector measurement exclusion period” is unclear because the term “substantially equal” is a relative term not defined by the claim and not clearly described and/or defined by the specification. The limitation renders the claim indefinite failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Claims 11 contains a limitation similar to the one described above in claim 1. Therefore, claim 11 is rejected as being indefinite under 35 U.S.C. 112(b) for the same reasons given above regarding claim 1.
Claims 2-10 and 12-20 are dependent on claims 1 and 11 and are rejected as being indefinite under 35 U.S.C. 112(b) for the same reasons given above regarding claims 1 and 11.
Response to Arguments
V. Applicant’s arguments with respect to claims 1-20 have been considered but are moot in view of the new grounds of rejection.
Conclusion
VI. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. Patent No.: US 8,798,124 B2 discloses method of measuring error vector magnitude including checking an error vector magnitude (EVM) composed of a plurality of symbols (see col. 5, lines 11-15) and an error vector magnitude (EVM) of a designated transmitter that can be checked by calculating a difference between the transmission baseband signal ES and the reception baseband signal ES (see abstract and col. 5, lines 35-38).
Lahteensuo et al. Patent No.: US 11,818,665 B2 discloses signal quality verification method including improving throughput and user experience for end users by enabling the testing of equipment to measure UE transmission power and/or error vector magnitude for the actual UE transmitted signal, including dividing the transient period (see col. 2, lines 45-57).
Lee et al. Patent No.: US 8,798,124 B2 discloses method of measuring error vector magnitude including checking an error vector magnitude of transmitter (see abstract).
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 BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F.
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/BRANDON J MILLER/Primary Examiner, Art Unit 2647
August 20, 2026
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