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 Objections
Claim 3 is objected to because of the following informalities: In line 3, after takes, applicant is suggested to replace “the same value” with --- a same value--- or ---same value--- in order to avoid lack of antecedent basis. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: In line 3, after takes, applicant is suggested to replace “the same value” with --- a same value--- or ---same value--- in order to avoid lack of antecedent basis. Appropriate correction is required.
Claim 18 is objected to because of the following informalities: In line 2, after takes, applicant is suggested to replace “the same value” with ---a same value--- or ---same value--- in order to avoid lack of antecedent basis. Appropriate correction is required.
Claims 4-7, 13-16 and 19-20 are also objected to as being dependent upon an objected base 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.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 11 recites "A computer-readable medium”. However, the claim does not state to be embodied in physical device conventional in the art such as "a non-transitory computer storage medium" since it is merely recited. Paragraph [0127], of the specification, recites " Such software may be distributed on a computer-readable medium which may include a computer storage medium (or non-transitory medium) and a communication medium (or transitory medium)”. This term, in particular, as defined in the specification could encompass both non - transitory and transitory/propagating signal hence the claim is ineligible and is rejected under 35 U.S.C. 101.
A claim drawn to a computer readable medium that covers both non-transitory and transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. 101 by adding the limitation "non-transitory" to the claim.
Allowable Subject Matter
Claims 1-2, 8, 10-11 and 17 are allowed over the prior arts of record.
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 3-7, 12-16 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20090089649 A1 or US 20070242740 A1 or US 20040096008 A1 or US 20020031195 A1 or US 20070047677 A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL BAYARD whose telephone number is (571)272-3016. The examiner can normally be reached 6-9.
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/EMMANUEL BAYARD/Primary Examiner, Art Unit 2633
