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 .
Response to Amendment
The amendment(s) filed 07/21/2026 have been entered.
Per the 07/21/2026 amendment(s):
Claim(s) 1, 8 and 10-16 are currently amended.
Claim(s) 1-16 are now pending.
Response to Arguments
Applicant’s arguments, see Pages 10-13 of Remarks, filed 07/21/2026, with respect to the rejection(s) of claim(s) 1-4 and 6-16 under §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over §112 in view of filed amendment(s).
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 1-16 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.
In particular, Claim 1 recites “a plurality of measurement target signals respectively corresponding to the first and second beam patterns of the repeater apparatus”. Respectively is not a term of art and is being given the plain meaning of the word, i.e. “in the order given.” The plain meaning of ‘respectively’ implies that a plurality of measurement target signals corresponding to an equal number of beam patterns. However, a plurality can be interpreted as three or more measurement target signals and there are only two beam patterns. Under this interpretation, the first measurement target signal corresponds to the first beam pattern and the second measurement target signal corresponds to the second beam pattern, but it is unclear which beam pattern corresponds to the third measurement target signal. This ambiguity renders Claim 1 indefinite.
For at least these reason(s), Claim 1 is rejected under §112(b) for indefiniteness. Independent Claims 8 and 10-16 each recite at least the same indefinite limitation and are likewise rejected for the above reason(s). Dependent Claims 2-7 and 9 inherit the indefiniteness and are rejected for at least the same reasons. Examiner recommends amending the claims to remove ‘respectively’ or else to amend the claims such that there is an equal number of measurement target signals and beam patterns. As either amendment would change the scope of the application, examiner cannot make a determination of allowability at this time.
Conclusion
THIS ACTION IS MADE FINAL. 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 SHAWN D MILLER whose telephone number is (571)272-8599. The examiner can normally be reached M-TR 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at (571) 270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN D MILLER/Primary Examiner, Art Unit 2412
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