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 .
Drawings
The drawings were received on 2/10/2026. These drawings are acceptable.
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 16, 18, 19, 21, 26 and 27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 12316283 in view of King (US 6137366 A), hereafter referred to as “King”.
Regarding claim 16, U.S. Patent No. 12316283, in Claims 1, 2 and 5, discloses:
An analog amplitude pre-distortion circuit comprising:
a Radio Frequency, RF, input for receiving an RF signal;
an RF output for outputting an amplified RF signal (see patent Claim 2);
an amplifier stage comprising a first control terminal (see patent Claim 5) coupled to the RF input for receiving the RF signal,
wherein the amplifier stage is operable to amplify the RF signal to produce the amplified RF signal; and
a bias circuit comprising:
a second transistor having a third current terminal, a fourth current terminal and a second control terminal, wherein the third current terminal is coupled to the amplifier stage input and wherein the fourth current terminal is coupled to the reference potential,
a resistor coupled between the amplifier stage input and the second control terminal of the second transistor,
a variable reactance component comprising a variable capacitor coupled between the amplifier stage input and the second control terminal of the second transistor,
wherein a capacitance of the variable capacitor is configured to be varied (see patent Claim 1, to vary a capacitance of the variable reactance component), and
a capacitor coupled between the second control terminal and the reference potential,
and wherein the bias circuit is operable to
detect an amplitude of the RF signal, apply a bias voltage at a first range of frequencies according to the amplitude of the RF signal at first impedances to the amplifier stage input, and present second impedances at a second range of frequencies to the amplifier stage input,
wherein the first impedances are lower than the second impedances and wherein the first range of frequencies are lower than the second range of frequencies.
Regarding claims 18, 19, 21, 26, note that claims 1, 3, 4, 6 and 7 of U.S. Patent No. 12316283, discloses:
a current source coupled to the first current terminal per claim 18 (see patent Claim 3), the second transistor is a bipolar transistor, wherein the first third current terminal is a collector terminal of the bipolar transistor, wherein the second fourth current terminal is an emitter terminal of the bipolar transistor, and wherein the second control terminal is a base terminal of the bipolar transistor per claim 19 (see patent Claim 4), a DC-blocking capacitor coupled between the RF input and the amplifier stage input per claim 21 (see patent Claim 6), a controller for programmably controlling the variable reactance component to vary the capacitance of the variable reactance component per claim 26 (see patent Claims 1 and 7).
However, claims 1-7 of U.S. Patent No. 12316283 does not disclose:
a first transistor having a first and second terminal, the first control terminal is coupled to the RF input for receiving the RF signal, and the first current terminal is coupled to the RF output, and the second current terminal is coupled to a reference potential,
King, in the embodiment of Figs. 3 and 4, teaches:
a first transistor (power npn transistor Q1) having a first and second terminal (collector 22 and emitter 26), the first control terminal (base 24) is coupled to the RF input for receiving the RF signal (as shown in Figs. 3 and 4), and the first current terminal is coupled to the RF output (as shown in Figs. 3 and 4), and the second current terminal is coupled to a reference potential (common ground reference 30, as shown in Figs. 3 and 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to replace the amplifier stage as taught by claims 1-7 of U.S. Patent No. 12316283 with any art recognized amplifier stage including an equivalent transistor, such as the transistor taught by King (Figs. 3 and 4), especially since the equivalent amplifier stage including the transistor in King would have performed the equivalent function of the amplifier stage in claims 1-7 of U.S. Patent No. 12316283, thereby suggesting the obviousness of such a combination.
Regarding claim 27:
As an obvious consequence of the above modification the result of the modification includes:
the first transistor is a bipolar transistor, wherein the first current terminal is a collector terminal, the second current terminal is an emitter terminal, and the first control terminal is a base terminal (as shown in King, Figs. 3 and 4).
Applicant’s arguments with respect to claim(s) 16-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MALANE LIENG whose telephone number is (571)272-5739. The examiner can normally be reached Monday-Friday 6:30 - 4:00 CST.
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/Malane Lieng/Examiner, Art Unit 2843
/ANDREA LINDGREN BALTZELL/Supervisory Patent Examiner, Art Unit 2843
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