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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1-4, 6-14, and 16-24 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.
Regarding claims 1, 12, 13 and 14:
1/ the claims` comprise the limitation: “the virtual point is, a function of reinforcing the physical sink… implemented as software modules”. For the limitation, “a function of reinforcing the physical sink”, the specification says that such a function exists, and provides Virtual point functionality, but does not clearly identify what constitutes the claimed “reinforcing” function or establish a boundary to determine the limits and bounds of the claim.
2/ The claims comprise the limitation “…the virtual point corresponding to the virtual node”. In specification it is disclosed that the virtual node corresponding to the physical node and the Virtual point corresponding to Physical sink. However, it is not clear how the Virtual Point is corresponding to Virtual node hence making the limits and bounds of the claim unclear.
Regarding to claims 10 and 20: The claims` comprise the limitation “…the virtual point corresponding to the virtual node”. In specification it is disclosed that the virtual node corresponding to the physical node and the Virtual point corresponding to Physical sink. However, it is not clear how the Virtual Point is corresponding to Virtual node hence making the limits and bounds of the claim unclear.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-US pg. no. 20230368153.
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 MESSERET F. GEBRE whose telephone number is (571)272-8272. The examiner can normally be reached 9:00 am-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Oscar Louie can be reached at 5712701684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MESSERET F. GEBRE
Primary Examiner
Art Unit 2445
/MESSERET F GEBRE/Primary Examiner, Art Unit 2445
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