The example is a statement such as
...a transmission function of at least one of:
a communications subsystem of the device, or program application installed on the device, capable of connecting with a communications service or data submission portal on a network;
a communications subsystem of the device, or program application installed on the device, capable of connecting with a device to which data can be transmitted;
–– where the conflicting prior art covers one of those options but not the other. In such a case, is the conflict unavoidable without stating that it includes both? Or restating without the use of 2 or more options?
(I intend to try asking the examiner about it, but based on past efforts I am not confident I will get a useful answer.)