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, 9 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10 and 16 of U.S. Patent No. 11844151. Although the claims at issue are not identical, they are not patentably distinct from each other because least one examined application claim is either anticipated by, or would have been obvious over, the reference claim(s) as shown in the following comparison.
Current Application Claim(s)
Reference Claim(s) (Patent No. US 11844151)
1. A small cell access node comprising:
a housing including:
an electrically conductive lower housing member; and
an electrically non-conductive sidewall housing member; and
at least one electrical module positioned in a volume defined by the housing, the at least one electrical module including a shielded enclosure that is electrically coupled to the lower housing member.
1. A small cell access node comprising:
a housing including:
an electrically conductive lower housing member having a floor portion; and
an electrically non-conductive sidewall housing member secured along a first edge thereof around at least part of a periphery of the floor portion of the lower housing member;
at least one electrical module positioned in a volume defined by at least the lower housing member and the sidewall housing member, the at least one electrical module including a shielded enclosure, the shielded enclosure being electrically coupled to the lower housing member; and
an electrical interface connector passing through the lower housing member, the electrical interface connector being operable to receive electrical power from an external power source and provide the electrical power to the at least one electrical module.
9. A small cell access node comprising:
an electrically conductive lower housing member;
an electrically non-conductive sidewall housing member secured to the lower housing member;
at least one electrical module positioned over at least part of the lower housing member, the at least one electrical module being housed in at least one shielded enclosure that is electrically coupled to the lower housing member; and
an electrically non-conductive cover secured to at least the sidewall housing member.
10. A small cell access node comprising:
an electrically conductive lower housing member having a floor portion and a sidewall portion, the sidewall portion being connected to the floor portion at one lengthwise end of the floor portion;
an electrically non-conductive, generally U-shaped sidewall housing member secured to the floor portion and the sidewall portion of the lower housing member;
at least one electrical module positioned over the floor portion of the lower housing member, the at least one electrical module being housed in at least one shielded enclosure that is electrically coupled to the floor portion of the lower housing member; and
an electrically non-conductive cover secured to the sidewall housing member and the sidewall portion of the lower housing member.
17. A small cell access node comprising:
an electrically conductive lower housing member having a floor portion and a sidewall portion, the sidewall portion being connected to the floor portion at one lengthwise end of the floor portion;
an electrically non-conductive sidewall housing member secured to the floor portion and the sidewall portion of the lower housing member, wherein the sidewall housing member and the lower housing member at least partially define a volume;
at least one electrical module positioned within the volume and over the floor portion of the lower housing member, the at least one electrical module being housed in at least one shielded enclosure that is electrically coupled to the floor portion of the lower housing member; and
at least one antenna mounted within the volume and coupled to the at least one electrical module via an antenna cable.
16. A small cell access node comprising:
an electrically conductive lower housing member having a floor portion and a sidewall portion, the sidewall portion being connected to the floor portion at one lengthwise end of the floor portion;
an electrically non-conductive, generally U-shaped sidewall housing member secured to the floor portion and the sidewall portion of the lower housing member, wherein the sidewall housing member and the lower housing member at least partially define a volume;
at least one electrical module positioned within the volume and over the floor portion of the lower housing member, the at least one electrical module being housed in at least one shielded enclosure that is electrically coupled to the floor portion of the lower housing member;
at least one antenna mounted within the volume and coupled to the at least one electrical module via an antenna cable; and
an electrically non-conductive cover secured to the sidewall housing member and the sidewall portion of the lower housing member.
Correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by McDowell et al. (Pub. No. US 2018/0045388).
Regarding claim 1. McDowell teaches a small cell access node (McDowell, the Abstract), comprising:
a housing (McDowell, Fig. 2C), including:
an electrically conductive lower housing member (McDowell, Fig. 2C, pp [40]: electronic equipment included with the modular lighting system 200 derives power from an external source, e.g., power module 216 can convert AC (mains) power to DC power; Fig. 3, pp [46]: electronic components); and
an electrically non-conductive sidewall housing member (McDowell, Fig. 2C, pp [27]-[28]: fixture 202; Fig. 3, pp [46]: fixture 202); and
at least one electrical module positioned in a volume defined by the housing, the at least one electrical module including a shielded enclosure that is electrically coupled to the lower housing member (McDowell, Fig. 3, pp [46]-[47]: electrical module 300).
Regarding claim 9. McDowell teaches a small cell access node (McDowell, the Abstract), comprising:
an electrically conductive lower housing member (McDowell, Fig. 2C, pp [40]: electronic equipment included with the modular lighting system 200 derives power from an external source, e.g., power module 216 can convert AC (mains) power to DC power; Fig. 3, pp [46]: electronic components);
an electrically non-conductive sidewall housing member secured to the lower housing member (McDowell, Fig. 2C, pp [27]-[28]: fixture 202; Fig. 3, pp [46]: fixture 202);
at least one electrical module positioned over at least part of the lower housing member, the at least one electrical module being housed in at least one shielded enclosure that is electrically coupled to the lower housing member (McDowell, Fig. 3, pp [46]-[47]: electrical module 300); and
an electrically non-conductive cover secured to at least the sidewall housing member (McDowell, Fig. 2C, pp [27]-[28]: fixture 202; Fig. 3, pp [46]: fixture 202).
Regarding claim 17. McDowell teaches a small cell access node (McDowell, the Abstract), comprising:
an electrically conductive lower housing member having a floor portion and a sidewall portion (McDowell, Fig. 2C, pp [40]: electronic equipment included with the modular lighting system 200 derives power from an external source, e.g., power module 216 can convert AC (mains) power to DC power; Fig. 3, pp [46]: electronic components), the sidewall portion being connected to the floor portion at one lengthwise end of the floor portion;
an electrically non-conductive sidewall housing member secured to the floor portion and the sidewall portion of the lower housing member, wherein the sidewall housing member and the lower housing member at least partially define a volume (McDowell, Fig. 2C, pp [27]-[28]: fixture 202; Fig. 3, pp [46]: fixture 202);
at least one electrical module positioned within the volume and over the floor portion of the lower housing member, the at least one electrical module being housed in at least one shielded enclosure that is electrically coupled to the floor portion of the lower housing member (McDowell, Fig. 3, pp [46]-[47]: electrical module 300); and
at least one antenna mounted within the volume and coupled to the at least one electrical module via an antenna cable (McDowell, Fig. 2C, pp [30]: antenna 218; Fig. 3, pp [42]: antenna 218);
Regarding claim 2. McDowell teaches the small cell access node of claim 1, further comprising:
an electrical interface connector operable to receive electrical power from an external power source and provide the electrical power into the housing for use by the at least one electrical module (McDowell, Fig. 2B, pp [40]: power module 216).
Regarding claim 3. McDowell teaches the small cell access node of claim 1, further comprising:
an electrically non-conductive cover secured to at least the sidewall housing member (McDowell, Fig. 3, pp [46]: fixture 202).
Regarding claim 4. McDowell teaches the small cell access node of claim 1, wherein the at least one electrical module includes:
a radio module positioned over a first section of a floor portion of the lower housing member (McDowell, Fig. 2C, pp [30]: antenna 218; Fig. 3, pp [42]: antenna 218);
a power supply module (McDowell, Fig. 2B, pp [40]: power module 216); and
a control module (McDowell, pp [45]: the power module 216 for controlling the lighting module 210; pp [49]: LED controller; Fig. 7, pp [66]-[67]: central control for controlling lighting module); wherein the control module and the power supply module are configured in a stacked arrangement and positioned over a second section of the floor portion of the lower housing member (McDowell, Fig. 7, pp [66]-[67]).
Regarding claim 5. McDowell teaches the small cell access node of claim 1, further comprising:
at least one antenna mounted between the sidewall housing member and the at least one electrical module, wherein a transceiver of the radio module is electrically coupled to the at least one antenna (McDowell, Fig. 2C, pp [30]: antenna 218; Fig. 3, pp [42]: antenna 218).
Regarding claim 6. McDowell teaches the small cell access node of claim 5, wherein the at least one antenna includes a first antenna positioned proximate a first side of the at least one electrical module and a second antenna positioned proximate a second side of the at least one electrical module (McDowell, Fig. 2C, pp [30]: antenna 218; Fig. 3, pp [42]: antenna 218).
Regarding claim 7. McDowell teaches the small cell access node of claim 1, wherein the volume defined by the housing is in a range of about 5000 cubic centimeters to about 9000 cubic centimeters (McDowell, Fig. 2C, pp [29]-[31]; Fig. 3, pp [46]-[48]).
Regarding claim 8. McDowell teaches the small cell access node of claim 1, wherein the lower housing member and the shielded enclosure are electrically grounded (McDowell, Fig. 6, pp [56]).
Regarding claim 10. McDowell teaches the small cell access node of claim 9, further comprising:
an electrical interface connector operable to receive electrical power from an external power source and provide the electrical power for use by the at least one electrical module (McDowell, Fig. 2B, pp [40]: power module 216).
Regarding claim 11. McDowell teaches the small cell access node of claim 9, wherein the at least one electrical module includes:
a radio module housed in a first shielded enclosure of the at least one shielded enclosure and positioned over a first section of a floor portion of the lower housing member (McDowell, Fig. 2C, pp [30]; Fig. 3, pp [42]; Fig. 7, pp [66]-[67]).
Regarding claim 12. McDowell teaches the small cell access node of claim 11, wherein the at least one electrical module further:
a power supply module (McDowell, Fig. 2B, pp [40]: power module 216); and a control module configured in a stacked arrangement with the power supply module and positioned over a second section of the floor portion of the lower housing member McDowell, pp [45]: the power module 216 for controlling the lighting module 210; pp [49]: LED controller; Fig. 7, pp [66]-[67]: central control for controlling lighting module); the stacked arrangement of the power supply module and the control module being housed in a second shielded enclosure of the at least one shielded enclosure (McDowell, Fig. 2C, pp [30]; Fig. 3, pp [42]).
Regarding claim 13. McDowell teaches the small cell access node of claim 11, further comprising:
at least two antenna elements separately coupled to the radio module (McDowell, Fig. 2C, pp [30]: antenna 218; Fig. 3, pp [42]: antenna 218), the at least two antenna elements including:
a first antenna element positioned between the radio module and the sidewall housing member proximate a first side of the radio module (McDowell, Fig. 2C, pp [30]: antenna 218; Fig. 3, pp [42]: antenna 218); and
a second antenna element positioned between the radio module and the sidewall housing member proximate a second side of the radio module (McDowell, Fig. 2C, pp [30]: antenna 218; Fig. 3, pp [42]: antenna 218).
Regarding claim 14. McDowell teaches the small cell access node of claim 9, wherein the at least one electrical module is coupled to the lower housing member at a plurality of interface points (McDowell, Figs. 2C and 3, pp [30], [40], [42]).
Regarding claim 15. McDowell teaches the small cell access node of claim 9, wherein electrical coupling of the at least one shielded enclosure to the lower housing member is direct or capacitive (McDowell, Figs. 2C and 3, pp [30], [40], [42]).
Regarding claim 16. McDowell teaches the small cell access node of claim 9, wherein the lower housing member and the at least one shielded enclosure are electrically grounded (McDowell, Fig. 6, pp [56]).
Regarding claim 18. McDowell teaches the small cell access node of claim 17, wherein the at least one electrical module comprises:
a radio module housed in a first shielded enclosure of the at least one shielded enclosure and positioned over a first section of the floor portion of the lower housing member (McDowell, Fig. 2C, pp [30]: antenna 218; Fig. 3, pp [42]: antenna 218);
a power supply module (McDowell, Fig. 2B, pp [40]: power module 216); and
a control module configured in a stacked arrangement with the power supply module and positioned over a second section of the floor portion of the lower housing member (McDowell, pp [45]: the power module 216 for controlling the lighting module 210; pp [49]: LED controller; Fig. 7, pp [66]-[67]: central control for controlling lighting module), the stacked arrangement of the power supply module and the control module being housed in a second shielded enclosure of the at least one shielded enclosure (McDowell, Fig. 2C, pp [30]; Fig. 3, pp [42]).
Regarding claim 19. McDowell teaches the small cell access node of claim 18, wherein the at least one antenna includes:
at least two antenna elements separately coupled to the radio module (McDowell, Fig. 2C, pp [30]: antenna 218; Fig. 3, pp [42]: antenna 218), the at least two antenna elements including:
a first antenna element positioned between the radio module and the sidewall housing member proximate a first side of the radio module (McDowell, Fig. 2C, pp [30]: antenna 218; Fig. 3, pp [42]: antenna 218); and
a second antenna element positioned between the radio module and the sidewall housing member proximate a second side of the radio module (McDowell, Fig. 2C, pp [30]: antenna 218; Fig. 3, pp [42]: antenna 218).
Regarding claim 20. McDowell teaches the small cell access node of claim 17, wherein the at least one electrical module is coupled to the lower housing member at a plurality of interface points (McDowell, Fig. 4, pp [50]-[51]; Fig. 5, pp [52-[53])).
Related reference(s) to the application but is not used in the rejection above:
Lalos et al. (Pub. No. US 2020/0080695) teaches a smart communications node networked and adapted for use with existing, or new, street lights. The invention generally relates to a mobile communications network and, in particular one utilizing small cell technology mounted onto street/utility poles through which a cellular signal and/or Wi-Fi communications signals may be seamlessly maintained for voice or data exchanges, coupled with smart city computer applications utilizing the small cell technology or any other wireless or wireline connection and allowing for seamless communications to a variety of destination point (Internet access, cellular phone calls, surveillance, city monitoring center, smart vehicle guidance systems, sensors or various kinds, etc.) via a managed switch at the smart network's location.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUY C HO whose telephone number is (571)270-1108. The examiner can normally be reached M-F 8AM-5PM.
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/HUY C HO/Primary Examiner, Art Unit 2644