DETAILED ACTION
Claims 9-15 are new, pending, and have been examined.
Claims 1-8 are canceled.
Applicant’s amendments necessitate new grounds of rejection and objection. Accordingly, this Office action is made FINAL.
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 .
Response to Arguments
Applicant’s arguments with respect to Claims 1-8 have been considered but are moot because the claims are canceled.
Claim Objections
Claims 9-15 are objected to for the following reason: The first limitation of Claim 9 uses the phrase “based or” which should read “based on”; and “the a user” which should read “a user.” Appropriate corrections are required. Claims 10-15 are objected to because of their dependency on Claim 9.
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 9-15 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.
Claim 9 recites the limitation "the adaptive power" in the second limitation. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites “so as to prevent an eavesdropper from estimating a channel through correlation” which is a statement of purpose or intended use, not further limiting the embodiment. As such, the phrase is given little patentable weight.
Claim 11 recites the limitation "the legitimate transmitter" in the first limitation. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the legitimate receiver" in the first limitation. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the channel estimation" in the first limitation. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the subchannels" in the first limitation. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites many symbols with subscripts without any definition as to what the symbols represent. Examiner recommends appending a “wherein” limitation defining what each symbol represents. Examiners read the claims in view of the specification, but cannot import limitations from the specification into the claims.
Claim 14 recites “CSI” and many symbols with subscripts without any definition as to what the symbols represent. Examiner recommends appending a “wherein” limitation defining what each symbol represents. Examiners read the claims in view of the specification, but cannot import limitations from the specification into the claims.
Claim 15 recites many symbols with subscripts without any definition as to what the symbols represent. Examiner recommends appending a “wherein” limitation defining what each symbol represents. Examiners read the claims in view of the specification, but cannot import limitations from the specification into the claims.
Dependent claims 10-15 are indefinite based upon their dependence on the indefinite interleaving claim(s).
Interview Practice
USPTO Automated Interview Request (AIR)
The USPTO AIR is a new optional online interview scheduling tool that allows Applicants to request an interview with an Examiner for their pending patent application.
The USPTO AIR form is available on our website at: http://www.uspto.gov/patent/laws-and-regulations/interview-practice.
By submitting this type of interview request, the pending patent application will be in compliance with the written authorization requirement for Internet communication in accordance with MPEP §502.03. This authorization will be in effect until the Applicant provides a written withdrawal of authorization to the Examiner of record.
If you have questions or need assistance with the USPTO AIR form or with interview practice at the USPTO, please contact an Interview Specialist at http://www.uspto.gov/patent/laws-and-regulations/interview-practice/interview-specialist or send an email to ExaminerInterviewPractice@USPTO.GOV.
Examiner Notes:
A) Prior to conducting any interview (whether using AIR or not), Applicant(s) must submit an agenda including the proposed date and time, all arguments in writing, and proposed claim amendments (if applicable). Any proposed amendments or arguments not presented in the agenda will only be heard by the Examiner, but because the Examiner will not have heard them in advance and been given an equitable opportunity to consider them, no decision will be rendered, nor agreement made. ALL AGENDAS MUST BE RECEIVED BY THE EXAMINER AT LEAST 24 HOURS PRIOR TO THE START OF THE INTERVIEW, OR THE PREVIOUS BUSINESS DAY, WHICHEVER IS LONGER, or the interview may have to be rescheduled.
B) After-final interviews may be granted, but the agenda must be in compliance with MPEP 713.09 which limits the interview only to discussions of proposed amendments, or clarification for appeal. After-final interviews are not to be conducted for the purpose of rehashing previously made arguments. After seeing the agenda, Examiner will decide whether to grant or deny the interview.
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 RICHARD G KEEHN whose telephone number is (571)270-5007. The examiner can normally be reached M-F 9:00am - 5:00pm Eastern.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John A Follansbee can be reached at 571-272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RICHARD G KEEHN/Primary Examiner, Art Unit 2444
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