DETAILED ACTION
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, 7, and 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 15 of U.S. Patent No. 12,284,021 (hereinafter ‘021). Although the claims at issue are not identical, they are not patentably distinct from each other.
With respect to claim 1, patent ‘021 (claim 1) recites a solid constituent characterization method (utilizing the system), comprising:
transmitting a transmit signal from a transmit antenna into a solid sample, the transmit signal is in a radio or microwave frequency range of the electromagnetic spectrum (lines 5-10);
detecting a response at a receive antenna that results from transmission of the transmit signal to or into the solid sample (lines 11-15); and
characterizing the solid sample based on the detected response (lines 21-23).
With respect to claim 7, patent ‘021 (claim 1) recites the solid constituent characterization method of claim 1, wherein detecting the response comprises one or more electromagnetic response signals (lines 21-23).
With respect to claim 8, patent ‘021 (claim 1) recites the solid constituent characterization method of claim 7, wherein characterizing the solid sample comprises comparing the one or more electromagnetic response signals with a stored reference signal (threshold; claim 15).
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.
Claims 1-4 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bosua et al. (US Publication 2022/0077918; hereinafter Bosua).
With respect to claim 1, Bosua discloses a solid constituent characterization method (FIG. 6), comprising:
transmitting a transmit signal from a transmit antenna (11; FIG. 1) into a solid sample (“medium”), the transmit signal is in a radio or microwave frequency range of the electromagnetic spectrum (74; [0106]; FIG. 6);
detecting a response at a receive antenna (13; FIG. 1) that results from transmission of the transmit signal to or into the solid sample (76; [0106]); and
characterizing the solid sample based on the detected response (78; [0106]).
With respect to claim 2, Bosua discloses the solid constituent characterization method of claim 1, wherein the solid sample includes one or more constituents within a solid material ([0051]).
With respect to claim 3, Bosua discloses the solid constituent characterization method of claim 1, wherein the solid sample is a homogenous solid material or a heterogeneous solid material ([0051]).
With respect to claim 4, Bosua discloses the solid constituent characterization method of claim 1, wherein the solid sample comprises a metallic alloy, a concrete material, or a soil ([0051]).
With respect to claim 7, Bosua discloses the solid constituent characterization method of claim 1, wherein detecting the response comprises one or more electromagnetic response signals ([0108]).
With respect to claim 8, Bosua discloses the solid constituent characterization method of claim 7, wherein characterizing the solid sample comprises comparing the one or more electromagnetic response signals with a stored reference signal ([0109, 0126-0127]).
With respect to claim 9, Bosua discloses the solid constituent characterization method of claim 7, wherein characterizing the solid sample comprises determining whether the one or more electromagnetic response signals match a stored reference signal or determining whether the one or more electromagnetic response signals deviate from the stored reference signal ([0109, 0126-0127]).
With respect to claim 10, Bosua discloses the solid constituent characterization method of claim 1, wherein characterizing the solid sample comprises determining presence of a constituent in the solid sample (78-80; [0107-0109]; FIG. 7) or determining absence of the constituent in the solid sample.
Claims 1, 5-6, and 11-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zoughi et al. (US Publication 2002/0057095; hereinafter Zoughi).
With respect to claim 1, Zoughi discloses a solid constituent characterization method (FIG. 1), comprising:
transmitting a transmit signal from a transmit antenna (136) into a solid sample (concrete C), the transmit signal is in a radio or microwave frequency range of the electromagnetic spectrum ([0064-0065]; FIG. 1);
detecting a response at a receive antenna (140; FIG. 1) that results from transmission of the transmit signal to or into the solid sample ([0065]); and
characterizing the solid sample based on the detected response ([0065]).
With respect to claim 5, Zoughi discloses the solid constituent characterization method of claim 1, further comprising boosting a power of the transmit signal before transmitting into the solid sample ([0092-0093]).
With respect to claim 6, Zoughi discloses the solid constituent characterization method of claim 1, further comprising adjusting a penetration depth of the transmit signal transmitting to or into the solid sample ([0092-0093]).
With respect to claim 11, Zoughi discloses a solid constituent sensor system (FIG. 1), comprising:
at least one transmit antenna (136) and at least one receive antenna (140; FIG. 1; [0064-0065]), the at least one transmit antenna is positioned and arranged to transmit a transmit signal to or into a solid sample (concrete C; [0064-0065]; FIG. 1), and the at least one receive antenna is positioned and arranged to detect a response resulting from transmission of the transmit signal by the at least one transmit antenna to or into the solid sample ([0065]);
a power module to adjust a power of the transmit signal to adjust a penetration depth of the transmit signal transmitting to or into the solid sample ([0092-0093]);
a transmit circuit (including 124) that is electrically connectable to the at least one transmit antenna, the transmit circuit is configured to generate the transmit signal in a radio or microwave frequency range of an electromagnetic spectrum ([0065]);
a receive circuit (including 152) that is electrically connectable to the at least one receive antenna, the receive circuit is configured to receive the response detected by the at least one receive antenna ([0065]; FIG. 1); and
a processor (160; FIG. 1) in communication with the receive circuit, the processor is configured to execute instructions to characterize the solid sample based on the detected response ([0065]).
With respect to claim 12, Zoughi discloses the solid constituent sensor system of claim 11, further comprises a data storage (164; FIG. 1) device that stores a plurality of reference solid constituent signals ([0065]).
With respect to claim 13, Zoughi discloses the solid constituent sensor system of claim 11, wherein the solid sample (concrete C) includes one or more constituents within a solid material ([0066-0067]).
With respect to claim 14, Zoughi discloses the solid constituent sensor system of claim 11, wherein the processor to characterize the solid sample comprises the processor to compare the detected response with a stored reference signal ([0065]).
With respect to claim 15, Zoughi discloses the solid constituent sensor system of claim 11, wherein the processor (160) to characterize the solid sample comprises the processor to determine whether the detected response matches a stored reference signal ([0067, 0074-0075]) or determine whether the detected response deviates from the stored reference signal.
With respect to claim 16, Zoughi discloses the solid constituent sensor system of claim 11, wherein the processor to characterize the solid sample comprises the processor to determine presence of a constituent in the solid sample or determining absence of the constituent in the solid sample ([0067, 0074-0075]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG X.L NGUYEN whose telephone number is (571)272-1585. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, STEPHEN D. MEIER can be reached at (571) 272-2149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QXN/Examiner, Art Unit 2853
/STEPHEN D MEIER/Supervisory Patent Examiner, Art Unit 2853