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 1-20 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.
Regarding claims 1, 12 and 20, line 9, 5 and 6, respectively, “partially based upon” is indefinite. Should the phrase read---based upon---?
Claims 1, 12 and 20, lines 9-10, 6-7 and 6, respectively, should the phrase “authentication methods associated with use of each of the plurality of transfer protocol options” read ---authentication methods for the plurality of transfer protocol options--- so as to clarify the claim language?
Claims 1 and 12, line 13 and 9-10, respectively, “receive [receiving] a request for a data transfer associated with a first storage” is indefinite. Should the phrase read ---receive [receiving] a request for a data transfer from a first storage location---?
Claims 1, 12 and 20, “line 18, line 13 and 14, respectively, “protocol option having a low rank relative to the rank for each of the plurality of transfer”. “a low rank” is indefinite. Should “a low rank” read ---a lower rank---?
Claim 1, line 14, “receive a request for a data transfer associated with a first storage location”, it is a question as to whether “a first storage location” is located in the “first memory” or the “second memory”.
Claims 1, 12 and 20, line 20, line 15 and 16, respectively, “a high rank” is indefinite. Should “a high rank” read ---highest rank---?
Claim 2, lines 2-3, “display a listing of one or more transfer protocol options” should have read ---display a listing of the one or more transfer protocol options---.
Claims 2 and 13, line 4 and lines 4-5, respectively, “a client device associated with the first storage location” should have read ---the client device associated with the first storage location---
Claims 4 and 15, “a low environmental score” is relative and indefinite.
Claim 5, “a client device associated with the first storage location”, lines 4-5, should have read ---the client device associated with the first storage location---.
Claim 12, “receiving a request for a data transfer associated with a first storage location”, it is not clear as to where the “first storage location” is located.
Claims 16 and 18, “a client device associated with the first storage location” should have read ---the client device associated with the first storage location---, see claim 12 for support.
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.
Claims 1-20 are 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 specification as originally filed does not support “wherein the expected carbon footprint is partially based upon expected authentication methods associated with use of each of the plurality of transfer protocols options”, recited in claims 1, 12 and 20. For example, [0029, 0075] disclose “the expected carbon footprint may be based upon one or more of an expected number of persons required to effect each of the transfer protocol options, an expected amount of transportation required to effect each of the transfer protocol options, or an expected use of biometric authentication associated with each of the transfer protocol options, for example.”. The originally filed specification fails to support --- the expected carbon footprint is partially based upon expected authentication methods associated with use of each of the plurality of transfer protocols options---.
Allowable Subject Matter
Claims 1-20 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.
Conclusion
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/GLENTON B BURGESS/Supervisory Patent Examiner, Art Unit 2454
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