Detailed Office 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 .
This office action is in response to the communication dated 9/26/24
Original claims 1-20 are pending
Claim 19 is allowed.
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 is 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.
Claim 1 recites the limitation "the behavior—'in line 11. There is insufficient antecedent basis for this limitation in the claim.
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.
the claimed invention is directed to non-statutory subject matter. Claims 1- 18 and 20 do not fall within at least one of the four categories of patent eligible subject matter is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. For example Claims 1 and 20 sets forth first node comprising "first receiver and first transmitter (as in claim 1 ) and second node comprising second transmitter (as in claim 20). Given their broadest, most reasonable interpretations, the ""first receiver and first transmitter and " second transmitter " can each understandably be implemented via software. In such circumstances, the first node and second of claims 1 and 20 consists of software per se, and fails to fall within one of the statutory categories of intention (i.e. process, machine, manufacture, or composition of matter). Therefore, Claim 1 and 20 are not limited to statutory embodiments. In other words these components are not limited to hardware or not limited to a combination of hardware and software, thus, the claims albeit an attempt to claim a machine, lacks any structural component(s), thereby, the claim as a whole does not fall under any of the patent eligible statutory categories.
Under a similar rationale, claims 2-18, which depend from claim 1, are also not limited to statutory embodiments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAHI ELMI SALAD whose telephone number is (571)272-4009. The examiner can normally be reached 9:30AM-6:PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at 571-272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDULLAHI E SALAD/Primary Examiner, Art Unit 2466
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