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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/27/2026 has been entered.
Response to Arguments
Applicant’s arguments, see Remarks, filed 7/27/2026, with respect to the prior art have been fully considered and are persuasive. However, a new ground(s) of rejection is made under 35 U.S.C. 112(b) as the amended language lacks antecedent basis and clarity as to what is necessitated. In addressing the identified issues, it is suggested that the claims be amended to include the framework in which the JCAS device receives, selects, and/or detects the transmitted RF signal and subsequently provides results to the processor of the invention for the required analyses.
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 1-4 and 6-13 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 recites the limitation "analyze the selection of the correct RF signal by the JCAS capable device for performing its measurements" in lines 9-10. Claim 13 at lines 9-10 requires a corresponding method step of “analyzing…” There is insufficient antecedent basis for this limitation in the claims. No “selection” is previously established, nor is there basis for “the correct RF signal”. Additionally, while it appears “its measurements” may refer to the detection of a micro-doppler shift by the JCAS device, it is likewise unclear if this is the measurement being referenced or if others are required. Clarification is required.
Claims 2-4 and 6-12 depend on claim 1 and are likewise indefinite.
Allowable Subject Matter
As best the intent is understood, claims 1-4 and 6-13 would be allowable if rewritten or amended as suggested 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Griesing et al. disclose a wireless channel emulator for testing wireless devices in a test chamber.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew M Barker whose telephone number is (571)272-3103. The examiner can normally be reached on a part time schedule, typically M-Fri 8:00 AM-4:30 PM Eastern Time, but having off alternating Monday-Tuesdays and Fridays.
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/MATTHEW M BARKER/Primary Examiner, Art Unit 3646
