DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. Claims 16-40 are pending wherein claims 16, 28, 30, and 39 are in independent form.
3. Claims 1-15 have been cancelled. Claims 16-40 have been added newly.
Response to Arguments
4. Applicant’s arguments with respect to claim(s) 16-40 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
5. 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.
6. Claims 16-40 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.
Claim 16 recites, “the difference between the first frequency and the second frequency is represented by performing multiplication using a predetermined bandwidth and the first information”. Specification does not disclose that the difference between the first frequency and the second frequency is represented by a multiplication of a bandwidth and a difference between the first and second frequency (i.e., first information). Specification discloses that STR distance field is represented by a channel to channel distance between STR capable channels. When the STR distance field is 5, the STR capable channels are separated by 5 channels or more (Specification, Par 0060). Therefore, specification discloses that STR distance field is represented by a channel distance between a pair of STR capable channels. Whereas claim recites to multiply the difference between the first and second frequency (in Hz) with a bandwidth (also in Hz) to represent the difference between the STR capable first and second frequency.
Claims 28, 30, and 39 also recited limitation similar to claim 16 and thereby, is rejected for the reasons discussed above with respect to claim 16.
Claims 17-27 depend upon claim 16 and thereby, are rejected for the reasons discussed above with respect to claim 16.
Claim 29 depend upon claim 28 and thereby, is rejected for the reasons discussed above with respect to claim 28.
Claims 31-38 and 40 depend upon claim 30 and thereby, are rejected for the reasons discussed above with respect to claim 30.
7. 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.
8. Claims 16-40 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 16 recites, “the difference between the first frequency and the second frequency is represented by performing multiplication using a predetermined bandwidth and the first information”. Claim further defines that the first information is the difference between the first frequency and the second frequency. Therefore, the difference between the first frequency and the second frequency is represented by that difference (first information) multiplied with a bandwidth. It is not clear how can the difference between the first frequency and the second frequency be represented by multiplying a bandwidth with that difference. For example, if the difference between the first frequency and the second frequency is 100 MHz and the bandwidth is 20 MHz, then the multiplication of 100 MHz (i.e., claimed first information) and 20 MHz will be 2000 MHz. How can the multiplication result of 2000 MHz represent the 100 MHz difference between the first and second frequency?
Claims 28, 30, and 39 also recited limitation similar to claim 16 and thereby, is rejected for the reasons discussed above with respect to claim 16.
Claims 17-27 depend upon claim 16 and thereby, are rejected for the reasons discussed above with respect to claim 16.
Claim 29 depend upon claim 28 and thereby, is rejected for the reasons discussed above with respect to claim 28.
Claims 31-38 and 40 depend upon claim 30 and thereby, are rejected for the reasons discussed above with respect to claim 30.
Examiner’s comment
It has been discussed above that the claim limitation (“the difference between the first frequency and the second frequency is represented by performing multiplication using a predetermined bandwidth and the first information”) is not clear. As a result, examiner cannot perform a proper search and identify the available prior arts relevant to the claimed subject matter. Therefore, rejection/allowability of the claims 16-40 cannot be made on the basis of available prior arts.
Conclusion
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 HARUN UR R CHOWDHURY whose telephone number is (571)270-3895. The examiner can normally be reached Monday-Friday 9AM-5PM.
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/HARUN CHOWDHURY/ Examiner, Art Unit 2473
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