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 .
DETAILED ACTION
The amendment filed on December 29, 2025 is acknowledged and entered. Claims 1-4 and 9-14 are amended. Claims 16-20 are canceled. Claims 1-15 are pending and under examination in this Office action.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 29, 2025 has been entered.
Response to Amendment
The objections to claims 1, 10, 11, 13, and 19 are now withdrawn in view of the claim amendment. New ground of objection to claim 1 is now made in view of the claim amendment.
The rejections to claims 1-20 under 35 U.S.C. 112(b) are now withdrawn in view of the claim amendment or claim cancellation.
The rejection to claim 16 under 35 U.S.C. 112(d) is now withdrawn in view of the claim cancellation.
The rejections to claims 12-20 under 35 U.S.C. 103 are now withdrawn in view of the claim amendment or claim cancellation.
The statutory double patenting rejection under 35 U.S.C. 101 to claims 1-11 is now withdrawn in view of the claim amendment. A non-statutory double patenting rejection to claims 1-11 is now made.
The non-statutory double patenting rejection under 35 U.S.C. 101 to claims 17-20 is now withdrawn in view of the claim cancellation.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 13 recites the term “polarized signal” should be corrected to –the polarized millimeter wave signal--.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 11,432,732 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Allowable Subject Matter
Claims 1-11 would be allowable upon filing and subsequent recording of a terminal disclaimer to U.S. Patent No. 11,432,732 B2 to overcome the non-statutory double patenting rejection.
Claims 12-15 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YI-SHAN YANG whose telephone number is (408) 918-7628. The examiner can normally be reached Monday-Friday 8am-4pm PST.
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/YI-SHAN YANG/Primary Examiner, Art Unit 3798