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 .
Status of Claims
The following action is in response to application filed March 13, 2024. The preliminary amended claims 1-14, 16-17, 19-20, 22 and 27, are currently pending. Claims 15, 18, 21 and 23-26, have been canceled.
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 1-13, 14, 16-17, 19-20, 22, 27, 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.
The term “more accurate” in claim 1, 14 and 27, is a relative term which renders the claim indefinite. The term “more accurate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. As based understood the term accurate coupled with more, does not in itself define the scope of “accurate” in the prediction of the second value making the metes and bounds of the claim unclear. Claims 2-13, 16-17, 19-20 and 23, claims dependency from claims 1 and 14, they are rejected for the same reasons as set forth in the rejection of claims 1 and 14, treated above.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 27, is rejected under 35 U.S.C. 101 as being directed a non-statutory subject matter. Claim 27, recites "A computer readable medium....".
Machine readable medium, Computer readable medium and computer program per se are not directed to statutory subject matter under 35 U.S.C. §101.
The United States Patent and Trademark Office (USPTO) is obliged to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO. See In re Zletz, 893 F. 2d 319 (Fed. Cir. 1989).
Under broadest reasonable interpretation, (Machine readable medium also called Computer readable medium and other such variations typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of machine readable media. See MPEP 2111.01. Because the broadest reasonable interpretation covers a signal per se, a rejection under 35 USC 101 is appropriate as covering non-statutory subject matter. See In re Nutjen, 500 F. 3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and 351 OG 212, Feb 23 2010.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUTBUDDIN GHULAMALI whose telephone number is (571) 272-3014. The examiner can normally be reached on 7:30am to 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached on 571 272 3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUTBUDDIN GHULAMALI/
Primary Examiner,
Art Unit 2632