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 .
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-10 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 12,355,165. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wu et al. US20240006769.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
With respect to independent claim 1, Wu et al. discloses an electronic device [Fig. 1 and 2], comprising: a metal back cover 110; a metal frame 120, comprising a disconnected part 122 and two connecting parts 123 & 124, wherein the two connecting parts are located at two sides of the disconnected part, separated from the disconnected part and connected to the metal back cover [paragraph 29], and a U-shaped slot is formed between the disconnected part and the metal back cover, and between the disconnected part and the two connecting parts [Fig. 2 reference numerals 123, 121, and 124 forms a U-shaped slot]; a first radiator 130, located adjacent to the disconnected part and comprising a feeding end 131A and a first connecting end away from the feeding end, wherein the first connecting end is connected with the disconnected part 122A; and a second radiator 130, located adjacent to the disconnected part and comprising a ground end 111 and a second connecting end, wherein the ground end is connected to the metal back cover, and the second connecting end is connected with the disconnected part 122B and away from the first connecting end [note: second radiator 130 located in the adjacent corner left of the top corner where the first radiator is located], wherein, an antenna module is jointly formed by the feeding end of the first radiator, the first connecting end, the disconnected part, the second connecting end of the second radiator and the ground end [Fig. 2].
With respect to claim 10, The electronic device as claimed in claim 1, wherein the antenna module is located at a corner of the electronic device [Fig. 1].
Claims 1, 3, 7, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou et al. US20200052377.
With respect to independent claim 1, Zhou et al. discloses an electronic device [Fig. 1-3], comprising: a metal back cover [Fig. 3 and paragraph 49]; a metal frame 101, comprising a disconnected part and two connecting parts, wherein the two connecting parts are located at two sides of the disconnected part [Fig. 3 note: where the bottom of the Metal rear cover meets the radiating elements], separated from the disconnected part and connected to the metal back cover [paragraph 49], and a U-shaped slot is formed between the disconnected part and the metal back cover, and between the disconnected part and the two connecting parts [Fig. 3]; a first radiator 103, located adjacent to the disconnected part and comprising a feeding end 104 and a first connecting end away from the feeding end, wherein the first connecting end is connected with the disconnected part; and a second radiator 105, located adjacent to the disconnected part and comprising a ground end 102 [paragraph 8] and a second connecting end, wherein the ground end is connected to the metal back cover [paragraph 65], and the second connecting end is connected with the disconnected part and away from the first connecting end, wherein, an antenna module is jointly formed by the feeding end of the first radiator, the first connecting end, the disconnected part, the second connecting end of the second radiator and the ground end [Fig. 3].
With respect to claim 3, Zhou et al. discloses wherein the second radiator is located adjacent to the first radiator, and a first coupling gap is formed between the first radiator and the second radiator [Fig. 1].
With respect to claim 7, Zhou et al. discloses wherein the antenna module further comprises a third radiator 105 [note: the second 105 in Fig. 1] connected to one of the two connecting parts and adjacent to the first connecting end, and the third radiator is configured to excite at a fifth frequency band [paragraph 66].
With respect to claim 9, Zhou et al. discloses wherein the disconnected part is L-shaped [note: the ends of 105] and comprises a first disconnected section and a second disconnected section connected to each other, the first radiator 103 and the second radiator 105 are located adjacent to the first disconnected section, the second connecting end is connected to the second disconnected section, a third coupling gap [note: between 103 and 105] is formed between the second radiator and the first disconnected section, and the third coupling gap is configured to excite at a seventh frequency band [paragraph 66].
With respect to claim 10, Zhou et al. discloses wherein the antenna module is located at a corner of the electronic device [Fig. 3].
Claims 1, 3, 7, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu CN109103569.
With respect to independent claim 1, Hu discloses an electronic device [Fig. 2], comprising: a metal back cover 120,210 [page 3, 2nd to last paragraph]; a metal frame 110, 220 [page 2, 4th paragraph], comprising a disconnected part 221 and two connecting parts, wherein the two connecting parts are located at two sides of the disconnected part [note: adjacent to the ends of the disconnected part], separated from the disconnected part and connected to the metal back cover, and a U-shaped slot G, P is formed between the disconnected part and the metal back cover, and between the disconnected part and the two connecting parts [Fig. 2]; a first radiator 221A, located adjacent to the disconnected part and comprising a feeding end 221A-S and a first connecting end away from the feeding end, wherein the first connecting end is connected with the disconnected part; and a second radiator 221B, located adjacent to the disconnected part and comprising a ground end 221-D and a second connecting end, wherein the ground end is connected to the metal back cover, and the second connecting end is connected with the disconnected part and away from the first connecting end, wherein, an antenna module is jointly formed by the feeding end of the first radiator, the first connecting end, the disconnected part, the second connecting end of the second radiator and the ground end [Fig. 2].
With respect to claim 3, Hu discloses wherein the second radiator is located adjacent to the first radiator, and a first coupling gap is formed between the first radiator and the second radiator [page 2, 7th paragraph and page 4, 2nd and 3rd paragraphs].
With respect to claim 7, Hu discloses wherein the antenna module further comprises a third radiator connected to one of the two connecting parts and adjacent to the first connecting end, and the third radiator is configured to excite at a fifth frequency band [page 4, 3rd-5th paragraphs].
With respect to claim 9, Hu discloses wherein the disconnected part is L-shaped [Fig. 2] and comprises a first disconnected section and a second disconnected section connected to each other, the first radiator 221A and the second radiator 221B are located adjacent to the first disconnected section, the second connecting end is connected to the second disconnected section, a third coupling gap is formed between the second radiator and the first disconnected section, and the third coupling gap is configured to excite at a seventh frequency band [page 4, 2nd and 3rd paragraphs].
With respect to claim 10, Hu discloses wherein the antenna module is located at a corner of the electronic device [Fig. 2].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hu CN109103569 as applied to claim 1 above, and further in view of Hu CN109103569.
With respect to claim 2, Hu discloses the device as recited above in claim 1. Hu discloses the different lengths of the disconnected part [page 4, 3rd paragraph and page 5, 4th paragraph]. Hu fails to explicitly disclose a length of the disconnected part is 0.5 times of a wavelength of the first frequency band. It would have been obvious to one of ordinary skill in the art to adjust the length to achieve a desired frequency. Furthermore, such a modification (i.e. change in length for a targeted wavelength) would have involved a mere change in optimization parameters, which is generally recognized as being within the level of ordinary skill in the art.
Response to Arguments
Applicant’s arguments, see pages 6+, filed 1/20/2026, with respect to the rejection(s) of claim(s) 1 under Yan et al. CN105006647 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wu et al. 20240006769, Zhou et al. 20200052377, Hu CN109103569.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wu et al. US20240079758 shows 0.5 times a wavelength of the first frequency band [paragraph 6]
Li et al. US20240250411 shows 0.5 wavelength antenna structure [Abs.]
Chang et al. US9537220 shows an antenna assembly
Tanaka US20220059923 shows an antenna
Hsu et al. US20190372223 shows an antenna structure
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ALEXANDER H. TANINGCO
Supervisory Patent Examiner
Art Unit 2845
/ALEXANDER H TANINGCO/Supervisory Patent Examiner, Art Unit 2845
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