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 .
Claim Objections
Claim 2 is objected to because of the following informalities: the claim recites “comprising a second measurement capacitor produced by second electrode plates disposed above the first plates”. In order to avoid antecedent basis issues the claim should read “comprising a second measurement capacitor produced by second electrode plates disposed above the first electrode plates”. Appropriate correction is required.
Claim 5 is objected to because of the following information: the claim recites “changes in slope in said series of data” in line 25. In order to avoid antecedent basis issues the claim should read “changes in slope in said series of frequency data”. Appropriate correction is required.
Claim 15 is objected to because of the following information: the term “dBm” is an acronym, which can mean different things and/or change in meaning over time; hence, it would be desirable to write out the actual words to which the acronym refers. Appropriate correction is required.
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 1-18 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 recites: “a group of underground bait/trap boxes of the tubular box type” in lines 3-4. The addition of the word “type” to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. App. 1955). Likewise, the phrase “ZSM-5-type aluminosilicate zeolites” was held to be indefinite because it was unclear what “type” was intended to convey. The interpretation was made more difficult by the fact that the zeolites defined in the dependent claims were not within the genus of the type of zeolites defined in the independent claim. Ex parte Attig, 7 USPQ2d 1092 (Bd. Pat. App. & Inter. 1986). See MPEP 2173.05.
Claim 1 is indefinite because it is unclear what “type” is intended to convey and the specification does not define the term. (See MPEP 2173.05(b)(E))
Claims 2-18 depend from, and inherit the limitations of claim 1. Thus, claims 2-18 are rejected under 35 USC 112 second paragraph for at least the same reasons specified above with respect to claim 1.
Claim 2 recites the limitation " said processor being configured to carry out second measurements of the second frequency in accordance with a fourth schedule" in line 8. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 4 recites the limitation " the basis of said variations" in line 18. It is unclear to what variations are being referred to since the claim mentions frequency variations and density variations or if the claim refers to both variations. Appropriate correction/clarification is required.
Claim 5 recites the limitation " computing the variations in the series of frequency data " in line 21. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 6 recites the limitation "consumption of the matrix" in line 5. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 8 recites the limitation "the measurement data" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 10 recites the limitation "boxes being configured to carry out second measurements of the second frequency" in line 8. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Relevant Cited Art
The following publications are prior art made of record not relied upon is
considered pertinent to applicant's disclosure: Barber et al. U.S. 2004/0140900 A1.
Barber et al. discloses detecting the presence of pests. The pest control device has a bait that is consumed or displaced by one or more species of pest, a pest sensing circuit, and a monitoring circuit. The pest sensing circuit can be altered by pest activity including an edible mass. The monitoring circuit detects this alteration and reports it automatically or in response to an external stimulus or interrogation to indicate pest presence. However, Barber et al. fails to disclose the measuring of frequencies in accordance with schedules and system configuration as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANUEL A RIVERA VARGAS whose telephone number is (571)270-7870. The examiner can normally be reached M-F 9:00-6:00.
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/MANUEL A RIVERA VARGAS/Primary Examiner, Art Unit 2857
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