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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) filed on 06/11/2025 has/have been considered by the Examiner and made of record in the application file.
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 1-4 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.
As to the independent claims, there is a lack of antecedent basis in the claims for “the plurality of tests in the first check test.”
Also, it is unclear to which test attributes “the test attribute of the first test” and “the test attribute of the second test” refer because there is only one previous mention in the claim if “a test attribute.”
In claim 3, it is unclear what is meant by “the additional test is a test to check a change from the output value of the first test to the output value of the second test” when in claim 2 the additional test is to check the output of the second test. It is also unclear how the conditional statement of claim 2 relates to conditional statements of claim 3 since “the additional test” refers back to the “an additional test” in claim 2.
Conclusion
No prior art was found with which it would be appropriate to reject the claims as they are currently understood.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 7480842 B1, US 20200387152 A1, US 20140281719 A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON B BRYAN whose telephone number is (571)270-7091. The examiner can normally be reached Mon-Fri, 8-5 First Friday off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ashish Thomas can be reached at 5712720631. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON B BRYAN/Primary Examiner, Art Unit 2114
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