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.
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 2, 4, 12, 14, 20, and 21 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.
Referring to claim 2, the claim recites “reading the first redundancy ratio…” It is not clear how this fits within claim 1. Is “reading the first redundancy ratio” further limiting the “determining a first redundancy ratio…” step of claim 1? Or is it a separate step that occurs, presumably after the “determining a first redundancy ratio…”, but before the “determining a first codeword length…” steps of claim 1.
Referring to claim 4, again as previously rejected, the claim seems to be changing how a “first redundancy ratio” is determined rending the claims unclear. Claim 1 recites “determining a first redundancy ratio corresponding to the first memory based on a size of data memory space and a size of an ECC memory space in the first memory. However, then claim 4 recites that “first redundancy ratio” is determined by using a ratio of a first quantity of data bits….to a second quantity of redundant bits…” It is not clear how a “first redundancy ratio” is supposed to be determined.
Referring to claim 12, the claim has the same indefinite issue as explained in the rejection of claim 2 above.
Referring to claim 14, the claim has the same indefinite issue as explained in the rejection of claim 4 above.
Referring to claim 20, the claim has the same indefinite issue as explained in the rejection of claim 2 above.
Referring to claim 21, the claim has the same indefinite issue as explained in the rejection of claim 4 above.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. It is not clear how the claim further limits claim 2 in which it is dependent on. The claim seems to add the word “recorded” before “first redundancy ratio”, however, it is inherent that any data read from a memory address or a register must have been “recorded” prior to a read being possible; therefore, this is not further limiting claim 2. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1, 5-8, 10, 11, 15-17, 19, 22, and 23 are allowed.
Conclusion
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 Justin Knapp whose telephone number is (571)270-3008. The examiner can normally be reached 8:00 am - 4:30 pm (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Albert Decady can be reached at (571) 272-3819. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Justin R. Knapp
Primary Examiner
Art Unit 2112
/JUSTIN R KNAPP/Primary Examiner, Art Unit 2112
