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 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 1-15 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The claimed invention is described in terms of channel points, for example claim 1, lines 3-4 sets forth “receiving position information associated with each input signal input from a point of one or more channel points” and claim 1, lines 7-8 sets forth “routing each input signal to any points where the received position information provides a distribution to one or more points”. The written disclosure does not even make reference to a “channel point” or the claimed language “any points” or “one or more points”. A skilled artisan would have to guess what these claimed phrases are intended to mean. Without a clear meaning provided by the written specification one skilled in the art can not make and/or use the invention as set forth. Dependent claims 2-15 inherit the language of claim 1.
Examiner’s Comments
Examiners previous indication of allowability in the office action mailed 10/29/24 is withdrawn in view of the amendments made to the claimed invention which no longer sets forth the combination of features that were indicated as being directed to allowable subject matter. Additionally, examiner is unable to formulate and conduct an adequate search for the claimed invention without a clarification as to what the invention as set forth is directed.
Response to Arguments
Applicant’s arguments, filed 1/17/25, with respect to the office action mailed 6/16/25 has been fully considered and is persuasive. Therefore, the non-responsive office action has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the rejection under 35 USC § 112.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANDREW SNIEZEK whose telephone number is (571)272-7563. The examiner can normally be reached Monday-Friday 7:00 AM-3:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SNIEZEK/ Primary Examiner, Art Unit 2693
/A.S./Primary Examiner, Art Unit 2693 1/21/26
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