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 § 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.
Claims 14-18 are rejected under 35 U.S.C. 101 as not falling within one of the four statutory categories of invention. The claim recites the compute readable storage medium which includes any types (not limiting) of medium capable of being accessed by a computer. The office is obliged to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO. See In re Zletz, 893 F.2d 319(Fed. Cir. 1989). The broadest reasonable interpretation of a claim drawn to a computer readable medium typically covers forms of non-transitory tangible media and transitory propagating signal per se in view of the ordinary and customary means of computer readable media, particularly when the specification includes any types (not limiting) of medium. See MPEP 2111.01. A claim directed to signal is non-statutory. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007).
The Office suggests the following approach. A claim drawn to such a computer readable storage medium that covers both transitory and non-transitory embodiment maybe amended to narrow the claim to cover only statutory embodiment to avoid a rejection under 35 USC §101 by adding the limitation “non-transitory” to the claim.
Allowable Subject Matter
Claims 1-13 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fail to anticipate or render obvious step of converting the plurality of modulated bits to decimal numbers associated with various spreading factors on the basis of the spreading factor sequence, respectively; and modulating various decimal numbers into carrying signals, and multiplying the carrying signals by the first chirp signals associated with the spreading factors to obtain second chirp signals associated with the various spreading factors; and superimposing all the second chirp signals to obtain a transmitted signal, and transmitting the transmitted signal to a receiver.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNG S AHN whose telephone number is (571)270-3706. The examiner can normally be reached on M-F: 9-6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah Wang can be reached on 571-272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNG S AHN/Examiner, Art Unit 2631 (571)-270-3706
sung.ahn@uspto.gov