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 is a non-final, first action on the merits, in response to application filed August 21, 2024. The preliminary amended claims 1-5 are currently pending.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 08/21/2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 1-18, 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.
The terms “closer in proximity”, “closest proximity beacon” in claims 1, 5, 10, 12 and 13, and “stronger” in claims 5 and 12, is a relative term which renders the claim indefinite. The term “closer, closest” “stronger” 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. The specification at para. 0028, at best states that the strongest signal comes from the closest beacon without an further description or limit. Claims 2-9, 11-12 and 14-18, are dependent claims, rejected likewise based on their dependency.
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 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 at 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.
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