Detailed 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 .
Drawings
Figures 1- 3 are objected to. It is suggested to write in words the boxes in figs. 1 – 3.
Claim Objection
Claims 3 – 9, 11 - 16, 18 20 are objected to.
It is suggested to replace “A” before the word “circuit” in claims 3 – 9, line 1, before the word “photodetector” line 1 in 11 – 16 and before the word “method” 18 – 20 by – The --.
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.
Claims 17 – 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 17 – 20 define non-statutory processes because they merely manipulate an abstract idea without a claimed limitation to a practical application. The language of the claims raise a question as to whether the claims are directed merely to an abstract idea that is not tied to a technological art, environment or machine which would result in a practical application producing a concrete, useful, and tangible result to form the basis of statutory subject matter under 35 U.S.C. 101. A method cannot be incorporated in a claimed system. A method claim must stand on its own. As such, claims 17- 20 would be considered statutory under 35 U.S.C. 101.
Allowable subject Matter
Claims 1, 3 - 9, 10 - 16 will be allowed when complying to the above objection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN BRUNER JEANGLAUDE whose telephone number is (571)272-1804. The examiner can normally be reached Monday-Thursday 7:00 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dameon Levi can be reached at 571-272-2105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEAN B JEANGLAUDE/Primary Examiner, Art Unit 2845
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