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.
Claims 1-14 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “determining a first phase difference in the second transceiver” and then subsequently recites “the second signal comprising…information for determining the first phase difference” which is indefinite, because it is unclear why the first phase difference would need to be determined again in the first transceiver when it has already been determined in the second transceiver, and furthermore what comprises the “information for determining the first phase difference” and how such information was acquired. If, by information, Applicant is referring to the first internal signal of the second transceiver, then there is no need for the first signal in the first place, causing the method to lack clarity. Claim 10 is likewise rejected, and claims 2-9 and 11-14 fail to cure the deficiency.
Claim 1 recites “summing the first determined phase difference and the second determined phase difference” which is indefinite, because presumably this step is occurring in the first transceiver. However, the first transceiver does not necessarily know the first determined phase difference, because it was not necessarily transmitted by the second transceiver to the first transceiver. Instead, there is an embodiment of the invention where the second transceiver only submitted “information for determining the first phase difference” to the first transceiver, but there is not claimed step of processing this “information” and actually determining the first phase difference by the first transceiver. Therefore, in such an embodiment, there is no way to sum the phase differences. Claim 10 is likewise rejected, and claims 2-9 and 11-14 fail to cure the deficiency.
Claim 1 recites “wherein a phase offset between the two transceivers is corrected by this” which is indefinite, because it is unclear what element of the invention is being referred to by “this”. Claim 10 is likewise rejected, and claims 2-9 and 11-14 fail to cure the deficiency.
Claim 14 recites “A non-transitory digital storage medium having stored thereon a computer program for performing the phase difference correction method according to claim 1, when the computer program code is run by a computer” which is indefinite, because it is unclear that a computer program alone—i.e., in the absence of transceivers—would be able to perform the method of claim 1 which involves sending signals back and forth from remote locations. For example, even if the digital storage medium was operably connected to a processor to run the program, would the processor necessarily be operably connected to both the first and second transceivers to actually carry out the method of claim 1?
Allowable Subject Matter
Claims 1-13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action.
Specifically, with respect to claim 1 (independent claim 10 being substantively similar), Chen et al. (US 2011/0292982 A1) discloses a phase difference correction method for correcting a phase drift and/or phase offset (abstract), comprising: emitting a first signal by a first transceiver (para. [0013]), receiving the first signal by a second transceiver (para. [0013]), determining a first phase difference in the second transceiver between a first internal signal of the second transceiver and the received first signal (para. [0013]), emitting a second signal by the second transceiver after expiry of a defined first delay time window (para. [0013]), receiving the second signal by the first transceiver (para. [0013]).
However, the prior art does not appear to teach the combined limitations of the claimed invention, specifically, the second signal comprising information on the determined first phase difference and/or information for determining the first phase difference; determining a second phase difference in the first transceiver between a second internal signal of the first transceiver and the received second signal, and summing the first determined phase difference and the second determined phase difference, wherein a phase offset between the two transceivers is corrected by this.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY W FRAZIER whose telephone number is (469)295-9263. The examiner can normally be reached Monday-Friday 9:00am-5:00pm CT.
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/BRADY W FRAZIER/ Primary Examiner, Art Unit 3648
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