Detailed Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Office Action is in response to claims filed on 12/17/2024 where claims 1-12, 14-19, and 21-22 are pending and ready for examination.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The Application may potentially be in condition for allowance if the deficiencies below are cured.
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 1-12, 14-19, and 21-22 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.
Regarding claim 1, claim 1 recites “a download mode” multiple time which renders the claim indefinite as it is unclear as to the meaning or use of multiple “a download mode” The examiner respectfully requests the applicant provide clarity via claim language as to the meaning or use of any terms utilizing “download”.
The dependent claims of independent 1 (i.e., 2- 11) are also rejected as they do not cure the deficiencies detailed above.
Regarding claim 12, claim 12 recites “a download mode” multiple time which renders the claim indefinite as it is unclear as to the meaning or use of multiple “a download mode” The examiner respectfully requests the applicant provide clarity via claim language as to the meaning or use of any terms utilizing “download”.
The dependent claims of independent 12 (i.e.,14-19) are also rejected as they do not cure the deficiencies detailed above.
Regarding claim 21, claim 21 recites “a download mode” multiple time which renders the claim indefinite as it is unclear as to the meaning or use of multiple “a download mode” The examiner respectfully requests the applicant provide clarity via claim language as to the meaning or use of any terms utilizing “download”.
The dependent claims of independent 21 (i.e., 22) are also rejected as they do not cure the deficiencies detailed above.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to TODD L. BARKER whose telephone number is (571) 270 0257. The Examiner can normally be reached on Monday through Friday, 7:30am to 5:00pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor Vivek Srivastava can be reached on (571) 272 7304.
/TODD L BARKER/Primary Examiner, Art Unit 2449
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