DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/15/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/15/2026 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 2 and 5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15 and 20 of U.S. Patent No. 11,564,164. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 2 and 5 of the present application being anticipated or obvious over claims 15 and 20 of U.S. Patent No. 11,564,164.
Regarding claim 2 of the present application, claim 20 of U.S. Patent No. 11,564,164 obviously encompasses all the claimed limitations including a system for power dissipation reduction in a wireless receiver of a battery powered portable wireless device, configured to provide a corresponding increase in battery life of the battery powered portable wireless device, the system comprising: the wireless receiver of the battery powered portable wireless device configured to receive a wireless signal having a desired signal and an interferer signal, the wireless receiver having a signal path comprising a plurality of circuits, wherein the plurality of circuits includes an amplifier, a filter, and a mixer, and wherein the wireless receiver comprises a circuit for determining the signal strength of the interferer signal and a circuit for determining the signal strength of the desired signal; wherein the receiver is designed to function under a worst-case operating condition with a worst-case power dissipation when the signal strength of the desired signal is low and the signal strength of the interferer signal is high; and wherein a power dissipation reduction in the receiver is achieved by causing one or more of a bias current, an impedance, and a gain to dynamically vary in one or more of the plurality of circuits in the receiver signal path of the wireless receiver when the operating condition under which the receiver functions is better than the worst-case operating condition; wherein the operating condition under which the receiver functions is better than the worst case operating condition when at least one: a) the strength of the interferer signal strength of the received wireless signal is lower than the strength of the interferer signal at the worst-case operating condition; b) the strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition.
Regarding claim 5 of the present application, claim 15 of U.S. Patent No. 11,564,164 obviously encompasses all the claimed limitations including a system for power dissipation control in a receiver of a battery powered portable wireless device, the system configured to reduce power dissipation and a corresponding reduction in a drain on battery life of the battery powered portable wireless device, comprising: the wireless receiver configured to receive a wireless signal, having a desired signal and an interferer signal, by the wireless receiver, the wireless receiver having a receiver signal path comprising a plurality of circuits designed to operate under a worst-case condition where the interferer signal strength is high and a corresponding power drain from the battery is maximum, and wherein the interferer signal is monitored by a monitoring circuit associated with the wireless receiver that determines the signal strength of the received interferer signal; wherein the power dissipation control in the receiver is achieved by causing one or more of a bias current, an impedance, and a gain to be dynamically adjusted in one or more of the plurality of circuits in the receiver signal path as the determined signal strength of the interferer signal varies from its worst-case condition.
Claims 2-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-5 of U.S. Patent No. 11,129,097. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 2-5 of the present application being anticipated or obvious over claims 1 and 3-5 of U.S. Patent No. 11,129,097.
Regarding claim 2 of the present application, claim 1 of U.S. Patent No. 11,129,097 obviously encompasses all the claimed limitations including a method for power dissipation control in a receiver of a battery powered portable wireless device which perform the function of a corresponding system and obviously encompasses all the claimed limitations including a system for power dissipation reduction in a wireless receiver of a battery powered portable wireless device, configured to provide a corresponding increase in battery life of the battery powered portable wireless device, the system comprising: the wireless receiver of the battery powered portable wireless device configured to receive a wireless signal having a desired signal and an interferer signal, the wireless receiver having a signal path comprising a plurality of circuits, wherein the plurality of circuits includes an amplifier, a filter, and a mixer, and wherein the wireless receiver comprises a circuit for determining the signal strength of the interferer signal and a circuit for determining the signal strength of the desired signal; wherein the receiver is designed to function under a worst-case operating condition with a worst-case power dissipation when the signal strength of the desired signal is low and the signal strength of the interferer signal is high; and wherein a power dissipation reduction in the receiver is achieved by causing one or more of a bias current, an impedance, and a gain to dynamically vary in one or more of the plurality of circuits in the receiver signal path of the wireless receiver when the operating condition under which the receiver functions is better than the worst-case operating condition; wherein the operating condition under which the receiver functions is better than the worst case operating condition when at least one: a) the strength of the interferer signal strength of the received wireless signal is lower than the strength of the interferer signal at the worst-case operating condition; b) the strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition.
Regarding claim 3 of the present application, claim 3 of U.S. Patent No. 11,129,097 recites a method for power dissipation control in a receiver of a battery powered portable wireless device which perform the function of a corresponding system and obviously encompasses all the claimed limitations including wherein when the operating condition under which the receiver functions is better than the worst-case operating condition with the signal strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition, the receiver is configured to cause a gain of one or more of the plurality of circuits in the receiver signal path of the receiver to be dynamically adjusted, lowering power dissipation of the receiver, thereby improving a power drain from the battery compared to the worst case power dissipation.
Regarding claim 4 of the present application, claim 4 of U.S. Patent No. 11,129,097 recites a method for power dissipation control in a receiver of a battery powered portable wireless device which perform the function of a corresponding system and obviously encompasses all the claimed limitations including wherein when the operating condition under which the receiver functions is better than the worst-case operating condition with the signal strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition, the receiver is configured to cause the impedance of the one or more of the plurality of circuits in the receiver signal path of the receiver to be dynamically increased compared to the worst-case operating condition, resulting in an associated reduction in a load current and the bias current in the receiver, wherein controlling power dissipation improves a power drain from the battery.
Regarding claim 5 of the present application, claim 5 of U.S. Patent No. 11,129,097 recites a method for power dissipation control in a receiver of a battery powered portable wireless device which perform the function of a corresponding system and obviously encompasses all the claimed limitations including a system for power dissipation control in a receiver of a battery powered portable wireless device, the system configured to reduce power dissipation and a corresponding reduction in a drain on battery life of the battery powered portable wireless device, comprising: the wireless receiver configured to receive a wireless signal, having a desired signal and an interferer signal, by the wireless receiver, the wireless receiver having a receiver signal path comprising a plurality of circuits designed to operate under a worst-case condition where the interferer signal strength is high and a corresponding power drain from the battery is maximum, and wherein the interferer signal is monitored by a monitoring circuit associated with the wireless receiver that determines the signal strength of the received interferer signal; wherein the power dissipation control in the receiver is achieved by causing one or more of a bias current, an impedance, and a gain to be dynamically adjusted in one or more of the plurality of circuits in the receiver signal path as the determined signal strength of the interferer signal varies from its worst-case condition.
Claims 2-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 10,524,202. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 2-5 of the present application being anticipated or obvious over claim 15 of U.S. Patent No. 10,524,202.
Regarding claim 2 of the present application, claim 15 of U.S. Patent No. 10,524,202 obviously encompasses all the claimed limitations including a method for power dissipation control in a receiver of a battery powered portable wireless device which perform the function of a corresponding system and obviously encompasses all the claimed limitations including a system for power dissipation reduction in a wireless receiver of a battery powered portable wireless device, configured to provide a corresponding increase in battery life of the battery powered portable wireless device, the system comprising: the wireless receiver of the battery powered portable wireless device configured to receive a wireless signal having a desired signal and an interferer signal, the wireless receiver having a signal path comprising a plurality of circuits, wherein the plurality of circuits includes an amplifier, a filter, and a mixer, and wherein the wireless receiver comprises a circuit for determining the signal strength of the interferer signal and a circuit for determining the signal strength of the desired signal; wherein the receiver is designed to function under a worst-case operating condition with a worst-case power dissipation when the signal strength of the desired signal is low and the signal strength of the interferer signal is high; and wherein a power dissipation reduction in the receiver is achieved by causing one or more of a bias current, an impedance, and a gain to dynamically vary in one or more of the plurality of circuits in the receiver signal path of the wireless receiver when the operating condition under which the receiver functions is better than the worst-case operating condition; wherein the operating condition under which the receiver functions is better than the worst case operating condition when at least one: a) the strength of the interferer signal strength of the received wireless signal is lower than the strength of the interferer signal at the worst-case operating condition; b) the strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition.
Regarding claim 3 of the present application, claim 15 of U.S. Patent No. 10,524,202 obviously encompasses all the claimed limitations including wherein when the operating condition under which the receiver functions is better than the worst-case operating condition with the signal strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition, the receiver is configured to cause a gain of one or more of the plurality of circuits in the receiver signal path of the receiver to be dynamically adjusted, lowering power dissipation of the receiver, thereby improving a power drain from the battery compared to the worst case power dissipation.
Regarding claim 4 of the present application, claim 15 of U.S. Patent No. 10,524,202 obviously encompasses all the claimed limitations including wherein when the operating condition under which the receiver functions is better than the worst-case operating condition with the signal strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition, the receiver is configured to cause the impedance of the one or more of the plurality of circuits in the receiver signal path of the receiver to be dynamically increased compared to the worst-case operating condition, resulting in an associated reduction in a load current and the bias current in the receiver, wherein controlling power dissipation improves a power drain from the battery.
Regarding claim 5 of the present application, claim 15 of U.S. Patent No. 10,524,202 recites a method for power dissipation control in a receiver of a battery powered portable wireless device which perform the function of a corresponding system and obviously encompasses all the claimed limitations including a system for power dissipation control in a receiver of a battery powered portable wireless device, the system configured to reduce power dissipation and a corresponding reduction in a drain on battery life of the battery powered portable wireless device, comprising: the wireless receiver configured to receive a wireless signal, having a desired signal and an interferer signal, by the wireless receiver, the wireless receiver having a receiver signal path comprising a plurality of circuits designed to operate under a worst-case condition where the interferer signal strength is high and a corresponding power drain from the battery is maximum, and wherein the interferer signal is monitored by a monitoring circuit associated with the wireless receiver that determines the signal strength of the received interferer signal; wherein the power dissipation control in the receiver is achieved by causing one or more of a bias current, an impedance, and a gain to be dynamically adjusted in one or more of the plurality of circuits in the receiver signal path as the determined signal strength of the interferer signal varies from its worst-case condition.
Claims 2-4 ae rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5 and 6 of U.S. Patent No. 11,991,626 in view of Clark (US 5,001,776).
Regarding claim 2 of the present application, claim 5 of U.S. Patent No. 11,991,626 recites a system for power dissipation reduction in a wireless receiver of a battery powered portable wireless device, configured to provide a corresponding increase in battery life of the battery powered portable wireless device, the system comprising: the wireless receiver of the battery powered portable wireless device configured to receive a wireless signal having a desired signal and an interferer signal, the wireless receiver having a signal path comprising a plurality of circuits, and wherein the wireless receiver comprises a circuit for determining the signal strength of the interferer signal and a circuit for determining the signal strength of the desired signal; wherein the receiver is designed to function under a worst-case operating condition with a worst-case power dissipation when the signal strength of the desired signal is low and the signal strength of the interferer signal is high; and wherein a power dissipation reduction in the receiver is achieved by causing one or more of a bias current, an impedance, and a gain to dynamically vary in one or more of the plurality of circuits in the receiver signal path of the wireless receiver when the operating condition under which the receiver functions is better than the worst-case operating condition; wherein the operating condition under which the receiver functions is better than the worst case operating condition when at least one: a) the strength of the interferer signal strength of the received wireless signal is lower than the strength of the interferer signal at the worst-case operating condition; b) the strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition. Claim 5 of U.S. Patent No. 11,991,626 does not explicitly recite wherein the plurality of circuits includes an amplifier, a filter, and a mixer. However, wireless receiver path comprising a plurality of circuits includes an amplifier, a filter, and a mixer is well known in the art as taught by Clark (see figure 1, RF Amplifier 108, Filter 120, Mixer 110; column 2, lines 34-65). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the amplifier, filter and mixer of Clark to the plurality of circuits of claim 5 of U.S. Patent No. 11,991,626 to amplify, filter and mix a received signal for processing.
Regarding claim 3 of the present application, claim 5 of U.S. Patent No. 11,991,626 and Clark encompass the system of claim 2 above. In addition, claim 5 of U.S. Patent No. 11,991,626 recites wherein when the operating condition under which the receiver functions is better than the worst-case operating condition with the signal strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition, the receiver is configured to obviously cause a gain (by adjusting bias current) of one or more of the plurality of circuits in the receiver signal path of the receiver to be dynamically adjusted, lowering power dissipation of the receiver, thereby improving a power drain from the battery compared to the worst case power dissipation.
Regarding claim 4 of the present application, claim 5 of U.S. Patent No. 11,991,626 and Clark encompass the system of claim 2 above. In addition, claim 6 of U.S. Patent No. 11,991,626 recites wherein when the operating condition under which the receiver functions is better than the worst-case operating condition with the signal strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition, the receiver is configured to cause the impedance of the one or more of the plurality of circuits in the receiver signal path of the receiver to be dynamically increased compared to the worst-case operating condition, resulting in an associated reduction in a load current and the bias current in the receiver, wherein controlling power dissipation improves a power drain from the battery.
Claims 2 and 4 ae rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 11,638,210 in view of Clark (US 5,001,776).
Regarding claim 2 of the present application, claim 10 of U.S. Patent No. 11,638,210 recites a system for power dissipation reduction in a wireless receiver of a battery powered portable wireless device, configured to provide a corresponding increase in battery life of the battery powered portable wireless device, the system comprising: the wireless receiver of the battery powered portable wireless device configured to receive a wireless signal having a desired signal and an interferer signal, the wireless receiver having a signal path comprising a plurality of circuits, and wherein the wireless receiver comprises a circuit for determining the signal strength of the interferer signal and a circuit for determining the signal strength of the desired signal; wherein the receiver is designed to function under a worst-case operating condition with a worst-case power dissipation when the signal strength of the desired signal is low and the signal strength of the interferer signal is high; and wherein a power dissipation reduction in the receiver is achieved by causing one or more of a bias current, an impedance, and a gain to dynamically vary in one or more of the plurality of circuits in the receiver signal path of the wireless receiver when the operating condition under which the receiver functions is better than the worst-case operating condition; wherein the operating condition under which the receiver functions is better than the worst case operating condition when at least one: a) the strength of the interferer signal strength of the received wireless signal is lower than the strength of the interferer signal at the worst-case operating condition; b) the strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition. claim 10 of U.S. Patent No. 11,638,210 does not explicitly recite wherein the plurality of circuits includes an amplifier, a filter, and a mixer. However, wireless receiver path comprising a plurality of circuits includes an amplifier, a filter, and a mixer is well known in the art as taught by Clark (see figure 1, RF Amplifier 108, Filter 120, Mixer 110; column 2, lines 34-65). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the amplifier, filter and mixer of Clark to the plurality of circuits of claim 10 of U.S. Patent No. 11,638,210 to amplify, filter and mix a received signal for processing.
Regarding claim 4 of the present application, claim 10 of U.S. Patent No. 11,638,210 and Clark encompass the system of claim 2 above. In addition, claim 10 of U.S. Patent No. 11,638,210 encompasses wherein when the operating condition under which the receiver functions is better than the worst-case operating condition with the signal strength of the desired signal of the received wireless signal is higher than the strength of the desired signal at the worst-case operating condition, the receiver is configured to cause the impedance of the one or more of the plurality of circuits in the receiver signal path of the receiver to be dynamically increased compared to the worst-case operating condition, resulting in an associated reduction in a load current and the bias current in the receiver, wherein controlling power dissipation improves a power drain from the battery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOCHIEN B VUONG whose telephone number is (571)272-7902. The examiner can normally be reached 10:00-06:00PM M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY ADDY can be reached at 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/QUOCHIEN B VUONG/Primary Examiner, Art Unit 2645