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 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.
claim 1, line 12, the term “and” or “or” or “and/or” is missing after “user attached monitor device” (see specification e.g. paragraph [0024]);
claim 1, line 30, a “,” is missing after “the user detached monitor device”;
claim 3, line 1, “the” is missing before “processing resource”;
claim 11, line 6, “a location of the user attached monitor device” is already recited in claim 1, so claim 11, line 6 should be “the location of the user attached monitor device”;
claim 11, line 20, a “,” is missing before “the accuracy of the non-associated device”;
claim 14, lines 1-2, recites “the individual monitoring system includes only the user detached monitor device”, thus the “the plurality of location determination services” that is later recited in claim 14 should only include services related to the user detached monitor device”, so the latter part of claim 14 in line 4, should recite
“….. the cell tower based location determination service of the user detached monitor device, and the non-associated device based location determination service of the user detached monitor device”;
claim 16, line 1, appears to be missing “at” before “a user programmable interval”;
claim 18, line 16, “the user detached monitor device” should be “a
claim 18, line 19, “the user detached monitor device” should be “a
claim 18, line 21, “the user detached monitor device” should be “a
claim 18, line 23, “the user detached monitor device” should be “a
claim 18, line 26, “the user detached monitor device” should be “a
claim 18, line 29, “the user detached monitor device” should be “a
claim 18, line 27, a “,” is missing before “an accuracy of the non-associated device”;
claim 19 recites “the monitoring system of claim 15” where claim 15 is a method claim and not a system claim, so claim 19 should recite “The monitoring system of claim 18”;
claim 19, line 4, “the user detached monitor device configured..” should be “a user detached monitor device configured..” due to the term not earlier recited in claim 18 as part of “the monitoring system comprising..”;
claim 19, line 8, “…determination service of the user attached monitor device” should be “determination service of the user detached monitor device” in line 4 of claim 19;
claim 20, line 3, recites “the user detached monitor device”, however, “monitoring system in claim 19 line 4, so claim 20 should depend from system claim 19; claim 20 also recites “the monitoring system of claim 15” where claim 15 is a method claim and not a system claim, so claim 20 should recite “the monitoring system of claim 19”.
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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LANA N LE whose telephone number is (571) 272-7891. The examiner can normally be reached M-F 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim, can be reached at (571) 272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LANA N LE/Primary Examiner, Art Unit 2648