DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Claims 1-30 are presented for examination.
Abstract
3. The abstract of the disclosure is acceptable for examination purposes.
Oath Declaration
4. The Oath complies with all the requirements set forth in MPEP 602 and therefore is accepted.
Drawings
5. The drawings received on 12/03/2024 are acceptable for examination purposes.
Information Disclosure Statement
6. The references listed in the information disclosure statement (IDS) submitted on 12/03/2024 have been considered. The submission complies with the provisions of 37 CFR 1.97. Form PTO- 1449 is signed and attached hereto.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
7. Claim limitations of "A wireless communication device ---; " as recited in claims 1, 13, and 25 have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder "device" coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof. Therefore, claim elements in this application that use the word "means" (or "step for") and the aforementioned equivalents are presumed to invoke 35 U.S.C. 112(f).
8. Claim limitations of "means for obtaining subintervals over which to form piecewise polynomial approximations of a plurality of terms; means for obtaining--- an approximation of a total number of first symbol sequences over a first alphabet having a first alphabet size, ---; means for obtaining a bit sequence having a bit sequence length; means for encoding the bit sequence,---; and means for transmitting the second symbol sequence---; " as recited in claim 25 have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder "means for" coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof. Therefore, claim elements in this application that use the word "means" (or "step for") and the aforementioned equivalents are presumed to invoke 35 U.S.C. 112(f).
9. Claim limitations of " means for obtaining a normalized energy corresponding to a ratio of the first symbol sequence energy and the first symbol sequence length; and means for locating the subintervals over which to form the piecewise polynomial approximations of the plurality of terms utilizing the normalized energy---; " as recited in claim 26 have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder "means for" coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof. Therefore, claim elements in this application that use the word "means" (or "step for") and the aforementioned equivalents are presumed to invoke 35 U.S.C. 112(f).
10. Claim limitation of " means for performing a binary search for a subinterval that includes a value of a normalized energy by traversing a path of a binary tree structure from a root to a leaf node of a plurality of leaf nodes---; " as recited in claim 29 has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder "means for" coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof. Therefore, claim elements in this application that use the word "means" (or "step for") and the aforementioned equivalents are presumed to invoke 35 U.S.C. 112(f).
11. Claim limitation of "means for removing singularities from at least one respective piecewise polynomial approximation---; " as recited in claim 30 has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder "means for" coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier. Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof. Therefore, claim elements in this application that use the word "means" (or "step for") and the aforementioned equivalents are presumed to invoke 35 U.S.C. 112(f).
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112 (f) (Pre-AIA 35 U.S.C. 112, sixth paragraph); or
(b) Amend the written description of the specification such that it clearly links or associates the corresponding structure, material, or acts to the claimed function without introducing any new matter (35 U.S.C. 132(a)); or
(c) State on the record where the corresponding structure, material, or acts are set forth in the written description of the specification and linked or associated to the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
12. Claims 1-12 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 pre-AIA the applicant regards as the invention.
In regards to claim 1, the claim recites "the processor and the memory being configured to: obtain subintervals over which to form piecewise polynomial approximations of a plurality of terms; obtain, utilizing the piecewise polynomial approximations of the plurality of terms, an approximation of a total number of first symbol sequences over a first alphabet having a first alphabet size, each respective symbol sequence of the total number of first symbol sequences having a first symbol sequence length and a first symbol sequence energy; obtain a bit sequence having a bit sequence length; encode the bit sequence, utilizing the approximation of the total number of first symbol sequences, to a second symbol sequence over a second alphabet having a second alphabet size, the second symbol sequence having a second symbol sequence length and a second symbol sequence energy; and transmit the second symbol sequence via the wireless transceiver." It would be understood by one of ordinary skill in the art that the processor can perform theses step above, but how the memory can perform them? (Emphasis added). Please clarify. Dependent claims 2-12 depend from the base claim 1 and inherently include limitations therein and therefore are rejected under 35 USC 112, 2nd paragraph as well.
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.
13. Claims 1-30 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims (1, 13, and 25) recites “obtain subintervals over which to form piecewise polynomial approximations of a plurality of terms; obtain, utilizing the piecewise polynomial approximations of the plurality of terms, an approximation of a total number of first symbol sequences over a first alphabet having a first alphabet size, each respective symbol sequence of the total number of first symbol sequences having a first symbol sequence length and a first symbol sequence energy; ----; encode the bit sequence, utilizing the approximation of the total number of first symbol sequences, to a second symbol sequence over a second alphabet having a second alphabet size, the second symbol sequence having a second symbol sequence length and a second symbol sequence energy.”
This limitations of: obtain subintervals over which to form piecewise polynomial approximations of a plurality of terms; obtain, utilizing the piecewise polynomial approximations of the plurality of terms, an approximation of a total number of first symbol sequences over a first alphabet having a first alphabet size, each respective symbol sequence of the total number of first symbol sequences having a first symbol sequence length and a first symbol sequence energy;---; encode the bit sequence, utilizing the approximation of the total number of first symbol sequences, to a second symbol sequence over a second alphabet having a second alphabet size, the second symbol sequence having a second symbol sequence length and a second symbol sequence energy,” as drafted, is a process that, under the broadest reasonable interpretation, covers a mathematical relationship of the mathematical concept grouping. The terms of the claims are presumed to have their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art. Thus, if a claim limitation, under its broadest reasonable interpretation, covers mathematical concepts, then it falls into the mathematical relationship as part of the mathematical grouping of abstract idea. Accordingly, the claim recites an abstract idea. The additional limitations of “obtain a bit sequence having a bit sequence length” and “transmit the second symbol sequence via the wireless transceiver.” are mere instructions for applying the abstract idea and are generic components not adding anything more to the abstract idea. Accordingly, the additional elements of “obtaining” do not integrate the abstract idea into a practical application because they are generic components for performing the abstract idea and does not add any meaningful limits to the abstract idea. This judicial exception is not integrated into a practical application because the additional limitations of “A wireless communication device,” “wireless transceiver,” “memory,” and “processor” are generic computer function and do not integrate the abstract idea into a practical application. In this case the computer is used as a tool to keep information to calculate a final result and do not import any meaningful limitation to the abstract idea into a practical application. Therefore, the claim is not patent eligible. Dependent claims 2-12, 14-44, and 26-30 are extended elements of the abstract idea of the independent claims and the claims are abstract in nature falling withing the mathematical concept grouping. The dependent claims fail to integrate the abstract idea into a practical application rather they are mere instructions for performing the mathematical relationship of the mathematical concept grouping. The dependent claims do not add any meaningful limits to the abstract idea to improve the technology or the computer component and fails to add significantly more than the abstracts idea. Therefore, the dependent claims 1-20 are not patent eligible.
Allowable Subject Matter
14. Claims 1-30 would be allowable if rewritten to overcome the rejection(s) under 35 USC § 101, set forth in this office action. The following is an examiner’s statement of reasons for allowance:
As per claim 1: The prior arts of record taken singly or in combination fail to teach, anticipate, suggest, or render obvious the following limitations. Particularly the prior art (US 2021/0218607 A1) teaches “A wireless communication device, comprising: a wireless transceiver; a memory; and a processor coupled to the wireless transceiver and the memory; obtain a bit sequence having a bit sequence length; and transmit the second symbol sequence via the wireless transceiver.” See paragraphs [0009], [0017], [0036], [0052], [0101]-[0103], and Figs. 1, 2 & 8. The prior arts however are not concerned with and do not teach, suggest, or otherwise render obvious “obtain subintervals over which to form piecewise polynomial approximations of a plurality of terms; obtain, utilizing the piecewise polynomial approximations of the plurality of terms, an approximation of a total number of first symbol sequences over a first alphabet having a first alphabet size, each respective symbol sequence of the total number of first symbol sequences having a first symbol sequence length and a first symbol sequence energy; ---- ; encode the bit sequence, utilizing the approximation of the total number of first symbol sequences, to a second symbol sequence over a second alphabet having a second alphabet size, the second symbol sequence having a second symbol sequence length and a second symbol sequence energy” as recited in the independent claim 1. Consequently, claims 1 is/are allowed over the prior arts. Independent claims 13 and 25 include similar limitations of independent claim 1. Therefore, are allowed for similar reasons. Dependent claims 2-12, 14-24 and 26-30 is/are depend from allowable independent claims 1 and 14 respectively and inherently include limitations therein and therefore are allowed as well. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Examiner Notes
15. When amending the claims, applicants are respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Prior Art
16. The prior art of record, considered pertinent to the applicant’s disclosure, is listed in the attached PTO-892 form.
Conclusion
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSMAN ALSHACK whose telephone number is (571)272-2069. The examiner can normally be reached on MON-FRI 8:30 AM-5:00 PM EST, also please fax interview request to (571) 273- 2069. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALBERT DECADY can be reached on 5712723819. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OSMAN M ALSHACK/Examiner, Art Unit 2112