DETAILED ACTION
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.
The limitation “a 5G equipment” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “equipment” coupled with functional language “configured to send the results” without reciting sufficient structure to achieve the function.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 1-9 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: a 5G equipment (see Para. 51) is disclosed in Applicant’s specification, but there is no specific structure described for the equipment.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 1-10 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 pre-AIA the applicant regards as the invention.
In regarding claims 1-9, Claim limitation “a 5G equipment” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. A 5G equipment (see Para. 51) is disclosed in Applicant’s specification, but there is no specific structure described for the equipment. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
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) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The remaining claims 2-9 are rejected for fully incorporating the deficiencies of the base claim(s) from which they depend.
In regard to claim 8, claim recites the limitations “the speed, displacement and duration, the landslide collapse warning threshold, the corresponding thresholds, the landslide collapse warning information, the target, the landslide collapse forecast threshold, the landslide collapse forecast information”. There is insufficient antecedent basis for this limitation in the claim.
In regard to claim 9, Claim recites the limitation “a sampling frequency” in line 5. There is insufficient antecedent basis for this limitation in the claim.
In regarding claim 10, Claim recites the limitations "the mode switching time, the Doppler detection, the switching time, the interference measurement mode, the interference measurement, the slope deformation data, the slope deformation, the “speed-displacement-duration” warning threshold, the corresponding thresholds, the warning information, the speed and distance; the target, the existence of fast-moving targets, the forecast information". There is insufficient antecedent basis for this limitation in the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Closest prior arts:
Qiu et al. (US 20220392326 A1) teaches monitoring landslide mass geological disasters, and discloses a multi-state triggered system and method for remote automatic monitoring and early warning of a landslide mass. The multi-state triggered system for remote automatic monitoring and early warning of a landslide mass includes: a landslide mass monitoring module, a data preprocessing module, a communication module, a central control module, a displacement monitoring module, a stability evaluation module, an abnormality early warning module, a power supply module, a data storage module and a display update module. In the present disclosure, through the displacement monitoring module and the stability evaluation module, long-term automatic monitoring of the landslide mass can be realized, and the displacement change of the landslide mass can be grasped so as to evaluate the stability of the landslide mass (Abstract).
Haitao (CN 111983604 A) teaches when the portable low-power consumption rock rolling monitoring radar works, firstly, a processor is used for setting radar parameters, radar waves are transmitted to an area to be monitored through a transmitting antenna, then, a radio frequency front end processes radar signals reflected by a target, an analog/digital converter (ADC) samples the radar signals to convert intermediate-frequency analog signals into digital signals, a digital signal processor is used for further processing the digital signals, the digital signals comprise distance Fast Fourier Transform (FFT), speed FFT, computational fluid dynamics (CFAR) detection and angle FFT, the size, the speed, the position and the like of the target are calculated through processing, finally, a calculation result is sent to an early warning module, and early warning is triggered when the result is larger than a threshold value through comparison with the threshold value (Page 8, Para. 8).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARMIN AKHTER whose telephone number is (571)272-9365. The examiner can normally be reached on Monday - Thursday 8:00am-5:00pm EST.
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/SHARMIN AKHTER/
Examiner, Art Unit 2689
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