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.
Claims 1-20 are 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 uses the term “unique”, but this term can be interpreted a plurality of ways. A first interpretation is: “being the only one”. If this interpretation is used, then it is unclear why there would be a claim limitation tracking a number of occurrences of the unique sourceblock in the data stream, because each unique sourceblock will only have one occurrence and the total number of unique sourceblocks and total number of occurrences will always be the same (the tracking step at line 6 and determining step at line 9 would result in the same number.). The second interpretation is “very special or notable”. Under this interpretation, it is unclear what makes a particular sourceblock special or notable among the other sourceblocks of the data stream. The specification does not appear to define what a unique sourceblock is.
The term “the sourceblock” appears in lines 7 and 12. There is a lack of antecedent basis for this term. What sourceblock is being referred too? It appears as though this should read “the unique sourceblock”.
The remaining dependent claims are rejected by virtue of their dependences upon a rejected base claim.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended 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, without significantly changing the scope.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ALSIP whose telephone number is (571)270-1182. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Reginald G. Bragdon can be reached at (571)272-4204. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL ALSIP/Primary Examiner, Art Unit 2139
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