DETAILED NON-FINAL OFFICE 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 .
Comments
The drawings of May 14, 2024 are hereby accepted as FORMAL.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
The information disclosure statements (IDS) of May 14, 2024, and, of November 6, 2024 have been considered during examination.
Please note that any mention of a line number in this office action refers to the claims as they appear in the official claim listing in the image file wrapper (IFW), not to any claim as it may be reproduced below.
Claim Interpretation
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 1-7 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.
On lines 6-7 of independent claim 1, “another device” is indefinite and unclear in context in that there is no earlier-recited “device.” Substantially the same remarks apply to “another device” on line 4 of independent claim 7.
Lines 4-9 of independent claim 1, the claim language is indefinite and unclear in context in that a “processor” per se cannot perform the recited “transmitting” or the recited “receiving.” These can only be performed by a transmitter, a receiver, or a transceiver,” any one or more of which could be controlled by the “processor.”
Throughout independent claim 1, each mention of “the other device” lacks antecedent basis. The uses of “the other device” cannot take “another device” (claim 1, lines 6-7) as antecedent.
On line 28 of independent claim 1, the phrase, “setting randomly a transmission order” is indefinite and unclear in context as to whether it is meant that the action of “setting” is done “randomly” (i.e., the action of “setting” is not always done, but is done at random times), or, whether it is meant that the “transmission order” is random. Substantially the same remarks apply to the phrase, “setting randomly a transmission order” on line 24 of independent claim 7.
Similarly, “randomly set” in claim 2, “randomly set” in claim 3, randomly set” in claim 4, “randomly set” in claim 5, and, “setting randomly” are indefinite and unclear in context.
In dependent claims 2 and 4, and, independent claim 7, each mention of “the other device” lacks antecedent basis.
In dependent claim 6, each mention of “the other devices” lacks antecedent basis.
Each of dependent claims 2-6 is unclear, at least, in that it depends from unclear, independent claim 1.
Potentially-Allowable Subject Matter
Claims 1 and 7 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.
Regarding independent claim 1, none of the prior art discloses in combination the claimed features, “measuring a third phase … by the distance measurement apparatus” as recited on lines 17-37, nor would this claimed combination of features have been obvious to one of ordinary skill-in-the-art.
As for independent claim 7, none of the prior art discloses in combination the claimed features, “measuring a third phase … by the distance measurement apparatus” as recited on lines 13-33, nor would this claimed combination of features have been obvious to one of ordinary skill-in-the-art.
Claims 2-6 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Each of dependent claims 2-6 is potentially-allowable, at least, in that it depends from potentially-allowable, independent claim 1.
Prior Art of General Interest
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Carrender (‘073) is of general interest for the disclosure related to the use of two devices determining distance by phase difference.
Carrender et al (‘953) is of general interest for paragraph [36] and the related disclosure.
Smid et al (‘710) is of general interest for the disclosed use of two stations in distance measuring.
Waheed et al (‘019) is of general interest for the disclosure related to the use of “different carrier frequencies.”
Berliner et al (‘786) is of general interest for the disclosure related to the use of frequency hopping with phase offset.
Each of Ootaka et al (‘121) and Ootaka et al (‘315) is of general interest for the disclosure related to the use of a plurality of carrier signals which may differ in frequency.
Yokev et al (‘330) is of general interest for the disclosure related to the use of two carriers of different frequency.
Each of Bensky et al (‘761) and Berliner et al (‘415) is of general interest for the disclosure related to the use of different frequencies in the exchanges between the two stations.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERNARR E GREGORY whose telephone number is (571)272-6972. The examiner can normally be reached on Mondays through Fridays from 7:30 am to 3:30 pm eastern time.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire, can be reached at telephone number 571-270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BERNARR E GREGORY/Primary Examiner, Art Unit 3648