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 .
Information Disclosure Statement
The information disclosure statement submitted on 02/23/2024 has been considered and made of record by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
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. As to claims 1, 8, and 15, the limitation “based on a rate of change of the bias code with respect to the output power not corresponding to a change in value of the bias code, set the rate of change based on first values of the bias code and second values of the output power” 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. Applicant in the invention’s disclosure (see for instance paragraphs 0070-0073 and Fig. 6) does not disclose how a rate of change of the bias code is not corresponding to a change in value of the bias code. Based on the equation provided in paragraph 0070 of the invention’s disclosure and the flowchart provided in Fig. 6, the rate of change of the bias code always corresponds to the change in value of the bias code. Furthermore, the invention’s disclosure does not disclose how to set the rate of change based on first values of the bias code and second values of the output power. The Applicant mentions this limitation in Fig. 6, block 618. However, no further details are provided in the invention’s disclosure on how these values set the rate of change. Applicant in the invention’s disclosure, paragraph 0071 broadly discloses overriding the rate of change. However, the Applicant fails to disclose how this overriding process is performed when there is more than one value for the bias code and more than one value for the output power. Claims 2-7 depend on claim 1, therefore they are rejected as well. Claims 9-14 depend on claim 8, therefore they are rejected as well. Claims 16-20 depend on claim 15, therefore they are rejected as well.
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. As to claims 1, 8, and 15, it is not clear how the system sets the rate of change based on first values of the bias code and second values of the output power. When there is a first set of values of the bias code and a second set of values of the output power, it is not clear how these values are used to set the rate of change. Claims 2-7 depend on claim 1, therefore they are rejected as well. Claims 9-14 depend on claim 8, therefore they are rejected as well. Claims 16-20 depend on claim 15, therefore they are rejected as well.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (US 2024/0429879), (US 2004/0229579), and (US 2004/0198257).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEILA MALEK whose telephone number is (571)272-8731. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LEILA . MALEK
Examiner
Art Unit 2632
/LEILA MALEK/Primary Examiner, Art Unit 2632