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.
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 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 8 recites in lines 4-5 the limitation “analyzing the signal and generate a feedback signal to the controller to control the light source until optimal results are obtained.” The term “optimal results” in claim 8 line 5 is a relative term which renders the claim indefinite. The term “optimal results” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The scope of the term optimal result cannot be determined from the claim or the specification. paragraph [0006] teaches feedback control mechanism to generate an optical dosage, and paragraph a feedback loop control is implemented to activate the optimal results of brain function enhancement. However, the scope of the term “optimal result” cannot be determined from the claim or the specification. Thus, this term renders indefinite clam 8 and dependent claims 9-14. Appropriate correction is required.
Claim 8 further recites in lines 8-9 the limitation “first line is generated by curve fitting to approximate the turning point on the responding signal.” The term “approximate” in claim 8 lines 9 and 10 is a relative term which renders the claim indefinite. The term “approximate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, this term further renders the claims indefinite.
Appropriate correction is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED M FARAH whose telephone number is (571)272-4765. The examiner can normally be reached Mon - Fri. 9:30AM -10:30 PM.
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/AHMED M FARAH/Primary Examiner, Art Unit 3792
