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 .
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 1-9, 12, and 20-29 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 "display a third interface in response to the call request, wherein the third interface comprises a first control". There is insufficient antecedent basis for this limitation in the claim. The claims previously mentioned a call request that has been removed. Appropriate correction is required.
Furthermore, claim 1 recites “in response to the dialing instruction, perform a call state transition comprising at least one of: setting the first call to a call hold state or establishing a second call with a fourth device corresponding to the target number”. It appears that establishing the second call is optional, but the claim later requires “merge the first call and the second call in response to a control instruction received from the second device”. Therefore, the claims are unclear because its not clear how second call happens when if just setting the first call to a hold state. And later making merging impossible to perform. Appropriate correction is required.
Furthermore, claim 1 further states: “wherein the fourth device is configured to: display a third interface in response to the call request, wherein the third interface comprises a first control; and establish a second call with the second device through the first device in response to an operation of the user on the first control”. Firstly, it is unclear how the second call is established by the fourth device when the call is already established and merged earlier by the second device. It seems that the fourth device first needs to accept the call and then merged by the second device. But that is not appropriately described in the claims. Also, the fourth device appears to establish the second call based on the first control in the third interface by the user. It is unclear how can the called party of the fourth device can be the same user as the user of the second device. Appropriate correction is required.
Independent claims 20 and 26 suffer from similar deficiencies as claim 1. Claims 2-9, 12, 21-25, 27-29 are rejected for being dependent on the independent claims.
Furthermore, the dependent claims need to be checked and corrected for indefiniteness. For example, claim 2 claims “after the second call is established, merge the first call and the second call in response to an operation of the user on the second control, to form a third call”. However, this is already performed in claim 1. Appropriate correction is required.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9, 12, and 20-29 have been considered and the claims have been deemed allowable over the art of record. Please see the new 35 USC 112 2nd rejection based on the amended claims.
Allowable Subject Matter
Claim 1-9, 12, and 20-29 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.
Conclusion
THIS ACTION IS MADE FINAL. 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 NAFIZ E HOQUE whose telephone number is (571)270-1811. The examiner can normally be reached M-F 8-5.
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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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/NAFIZ E HOQUE/ Primary Examiner, Art Unit 2693
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