DETAILED ACTION
This office action is in response to the application filed on 11/17/2023 in which claims 1-20 are pending.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-10, and 16-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4, 6-9, 11, 12, 14, 18- 22 of U.S. Patent No. 11811436. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of 11811436 teach the limitations of the instant application as shown below:
18512884
11811436
1
4
2
6
3
12
4
6 in view of 14
5
6
6
7
7
8
8
9
9
11
10
4 in view of 22
16
18
17
18
18
19
19
20
20
21
Claim 11 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 11811436 in view of 11863217.
As to claim 11, 11811436 teaches the radio frequency system of claim 1
But does not specifically teach:
wherein the third radio frequency module includes a power amplifier having an output electrically coupled to the radio frequency coupler.
However 11863217 teaches the third radio frequency module includes a power amplifier having an output electrically coupled to the radio frequency coupler. (5. The radio frequency module of claim 1 further comprising a power amplifier having an output electrically coupled to the radio frequency coupler.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the third frequency module of 11811436 with the frequency module of 11863217 in order to assess the actual complex impedance of the antenna.
Claims 12 and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 5 of U.S. Patent No. 11863217. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of 11863217 teach the limitations of the instant application as shown below:
18512884
11863217
12
2
14
5
Claims 13 and 15 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4 of U.S. Patent No. 11863217 in view of 11811436.
As to claim 13, 11863217 teaches the radio frequency module of claim 12
But does not specifically teach:
wherein the coupler switching circuit is configured to bidirectionally pass indications of radio frequency power between the first input/output port and the second input/output port.
However 11811436 teaches wherein the coupler switching circuit is configured to bidirectionally pass indications of radio frequency power between the first input/output port and the second input/output port. (22. A wireless communication device comprising: a radio frequency system including a first radio frequency module having a first port; a second radio frequency module having a second port; and a third radio frequency module including a first input/output port electrically connected to the first port, a second input/output port electrically connected to the second port, and a coupler switching circuit, the coupler switching circuit configured to implement a bidirectional pass through of coupled power signals in opposite directions between the first input/output port and the second input/output port; and one or more antennas in communication with the radio frequency system and configured to a transmit radio frequency signal generated by the first radio frequency module.)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the coupler switching circuit of 11863217 with the coupler switching circuit of 11811436 in order to assess the actual complex impedance of the antenna.
As to claim 15, 11863217 The radio frequency module of claim 12 further comprising a second radio frequency coupler, the coupler switching circuit configured to selectively electrically couple the second radio frequency coupler to the first input/output port and (14. The radio frequency system of claim 11 wherein the third radio frequency module further includes a second radio frequency coupler, and the third coupler switching circuit is configured to provide an indication of radio frequency power from second radio frequency coupler to the first input/output port.)
But does not specifically teach:
the coupler switching circuit configured to selectively electrically couple the second radio frequency coupler to the second input/output port.
However 11811436 teaches to selectively electrically couple the second radio frequency coupler to the second input/output port. (Fig. 4A shows a second radio frequency coupler 42B selectively electronically coupled to the second input/output port via 44B to 46 to 47 to CPL2)
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify the coupler switching circuit of 11863217 with the coupler switching circuit of 11811436 in order to assess the actual complex impedance of the antenna.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELTON S WILLIAMS whose telephone number is (571)272-9933. The examiner can normally be reached 8-4 Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Mui can be reached at (571) 270-1420. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Elton Williams/ Examiner, Art Unit 2465