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 .
Election/Restrictions
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12-27-2025.
Claims 2-6 and 11-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12-27-2025.
Applicant's election with traverse of species III in the reply filed on 12-27-2025 is acknowledged. The traversal is on the ground(s) that the “Examiner's categorization of the species based on claim number alone is inappropriate” and MPEP 806.04(f) “mutually exclusive”. This is not found persuasive because the restriction of species was not based on claims, but based on determination of distinctness and independence of claimed inventions. For example, the selected species directed to digital signal processing is distinct and independent from the specific node connection design, wakeup receiver and bypass path. Regarding MPEP 806.04(f) “mutually exclusive”, please note that the section relied from the MPEP discloses a specific type of species, but it is not the only existing species, neither the section disclose the requirements to make a restriction. Please see, MPEP 806-806.01.
The requirement is still deemed proper and is therefore made FINAL.
Newly submitted claims 21-28 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: claims directed to different embodiments already restricted in the previous office action.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 21-28 withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shanan 20200136663.
As to claim 1, Shanan discloses wireless circuitry [10] comprising: a first receiver [22A] that includes a first low noise amplifier (LNA) [24A];a second receiver [22B] that includes a second LNA [24b]; a first signal path coupled to an input of the first LNA (see fig. 3; path from LNA 16 to LNA 24A); a third LNA [16] disposed on the first signal path (see fig. 3); and a second signal path that couples a node [18] on the first signal path to an input of the second LNA, the node being disposed on the first signal path between an output of the third LNA and the input of the first LNA (see fig. 3; path from LNA 16 to LNA 24B) (see par. 0051-0054).
Allowable Subject Matter
Claims 7-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Shanan discloses wireless circuitry [10] wherein the first and second receiver has a digital signal processor (DSP) [29] coupled to an output of the first and second LNA (see fig. 3; par. 0055); in another embodiment Shanon also discloses the first receiver [62A] has a first signal processor [67A] coupled to an output of the first LNA [54A], the second receiver [62B] has a second signal processor [67B] coupled to an output of the second LNA [54B] (see fig. 5; par. 0070). However, the combination of the embodiments is problematic because the architectures of the receivers are different, including mixing the signals after the first and second LNA. And the hypothetical combination still fails to disclose the second DSP has a lower sampling rate than the first DSP. Thereby, one of the ordinary skills in the art would have not made the combination unless hindsight reasoning is used.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bellaouar 20050070325 discloses a digital radio receiver.
Zou CN-114097280-A discloses a wireless device with an auxiliary and main receiver.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS L TORRES whose telephone number is (571)272-7926. The examiner can normally be reached 10:00 AM - 6:00 PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Slater can be reached at (571)270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MARCOS L. TORRES
Primary Examiner
Art Unit 2647
/MARCOS L TORRES/Primary Examiner, Art Unit 2647