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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
In claim 2, proper antecedent basis in the specification for the acronym NCO referring to a “numerically controlled oscillator” as recited in claim 2. Specifically, Examiner notes that Applicant’s specification never defines said acronym.
In at least claims 2-5, at least the claim terminology “first stage”, “second stage”, “third stage”, “carrier generator output”, “first carrier generator output”, “second carrier generator output”. In general, claim terminology should be accurately and consistently reflected in the specification to maximize the utility of the disclosure.
Claim Objections
Claim 5 is objected to because of the following informalities: The recitation “wherein the carrier generator output is a first carrier generator output” should be placed before the recitation of the second carrier generator output to avoid potential confusion and maximize comprehension of the claim. Appropriate correction is required.
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 2-21 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 2 recites “a multiplexer configured to select a set of digital samples from sets of digital samples associated with received wireless signals” which is indefinite, because it is unclear how the multiplexer can select a set of samples if the multiplexer is not also configured to receive said digital samples/wireless signals. Currently claim 2 recites only that the wireless signals are “received” in a passive voice, causing it to be unclear if the multiplexer actually receives said signals or otherwise has access to the signals. Dependent claims 3-13 fail to cure the deficiency.
Claim 2 recites “a first stage comprising digital circuits configured to update a carrier numerically controlled oscillator (NCO) phase” which is indefinite, because it is unclear what the carrier NCO phase is, i.e., how it relates to the received set of digital samples. Furthermore, it is unclear on what basis said update is occurring. In other words, what is being updated, and how is it being updated? The subsequent recitation of “a second stage comprising digital circuits configured to generate a carrier generator output based on the carrier NCO phase, the carrier generator output being a digital sinusoidal signal” is likewise rejected, as it is unclear how the carrier generator output can be based on the carrier NCO phase when the nature of such phase is unclear. Claim 14 is likewise rejected, and dependent claims 3-13 and 15-21 fail to cure the deficiency.
Claim 4 recites “wherein multiplying the set of digital samples with the carrier generator output causes the set of digital samples to be down converted from intermediate frequencies (IF) to baseband” which is indefinite for two reasons. First, it is unclear whether or not the set of digital samples were necessarily required to be intermediate frequencies in the first place. Second, it is unclear whether said limitation is a structural limitation of the apparatus, a functional limitation of a previously recited structural element of the apparatus, or a method step, causing the patentable weight of said limitation to become unclear.
Claim 5 recites “wherein the digital circuits of the first stage are further configured to generate a second carrier generator output based on the carrier NCO phase” which is indefinite, because it is unclear how the first stage can generate the second carrier generator output while at the same time updating the carrier NCO phase upon which the second output is based. Furthermore, it appears (para. [0065]) that Applicant may have intended to refer to the second stage in this instance.
Allowable Subject Matter
Claims 2-21 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.
With regard to claim 2 (independent claim 14 being substantively similar), Ang et al. (US 2018/0110048 A) discloses an apparatus comprising: a multiplexer configured to select a set of digital samples from sets of digital samples associated with received wireless signals (para. [0038]); and a pipeline coupled to the multiplexer and configured to receive the set of digital samples selected by the multiplexer (para. [0046]).
However, the prior art does not appear to teach the combined limitations of the claimed invention, specifically, the pipeline comprising: a first stage comprising digital circuits configured to update a carrier numerically controlled oscillator (NCO) phase; and a second stage comprising digital circuits configured to generate a carrier generator output based on the carrier NCO phase, the carrier generator output being a digital sinusoidal signal.
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
