Rakesh Aggarwal is the founder of Comcon Technologies Limited, a leading Broadcast Systems supply and integration company in India that has grown to 4 companies and 2 manufacturing plants. IT has been serving the industry for Three Decades with their own Audio Video Products for Radio Stations, TV Stations, Satellite Channels, DRM Radio, Production Houses, Educational Institutions, etc. for Solution for Production, Post Production, and Transmission.
Rakesh Aggarwal filed a patent application numbered 201814045192 that is titled as A METHOD AND SYSTEM FOR TRANSMISSION AND RECEPTION OF SIGNALS. The patent has been filed in the field of Communication. This Patent Application has been granted as Patent Number 351456. This invention covers a method for transmission of the signal using carrier frequency itself with zero sidebands, the method receives one or more modulating signals with features chosen from a group comprising one or more amplitudes, one or more frequencies, one or more phase angles, and combinations thereof.
During the patent examination, the Patent Examiner raised objections under Section 3(k) of the Indian Patents Act, 1970. It was pointed out that certain claims represent a mere algorithm implemented through software. In other words, the claimed method is a mere software application/product and hence not patentable. Also, the claims recite a system comprising various components in communication with each other and various modules in communication with each other. These modules and components are generally understood to be software per se, and the specification does not further define these elements to contain or to be hardware-based embodiments. Therefore, the claims lack the necessary physical articles or objects within the meaning of invention u/s 2(1)(j) and are understood by one of ordinary skill in the art to be software per se.
As a response, the Applicant submitted that the invention is not a mere mathematical or business method or a computer program per se or algorithms. The claims do not relate to a mere representation of an algorithm, as they relate to systems and methods related to the generation of sinusoidal carrier waves. The method in the invention is a process involving a novel, inventive step and capable of industrial application with carrier waves being generated and received by transmitting and receiving antennas as described in the specification. The invention has technically advanced hardware for generated sinusoidal carrier waves to travel through physical mediums such as conductors, radio waves, and optical fibers, as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
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