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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 11994595. This is a statutory double patenting rejection.
The immediate application 18639826, claim 1
The application Double patented 11994595, claim 1
A method for determining a set physical orientation of an electronically steerable satellite antenna for use in a satellite communication system, the method comprising:
determining a location of the electronically steerable satellite antenna relative to Earth;
A method for determining a set physical orientation of an electronically steerable satellite antenna for use in a satellite communication system, the method comprising:
determining a location of the electronically steerable satellite antenna relative to Earth
receiving a signal from each of at least two different respective satellites;
receiving a signal from each of at least two different respective satellites;
determining a direction of incidence of each the signal with respect to a boresight direction of the electronically steerable satellite antenna by electronically steering a beam of the electronically steerable satellite antenna; and
determining a direction of incidence of each the signal with respect to a boresight direction of the electronically steerable satellite antenna by electronically steering a beam of the electronically steerable satellite antenna; and
calculating a set physical orientation of the electronically steerable satellite antenna relative to the Earth based on the location of the electronically steerable satellite antenna and the directions of incidence of each of the signals from the satellites, wherein the satellites from which the signals are received are in known orbital locations relative to the Earth, and wherein the set physical orientation comprises an azimuth angle, an elevation angle, and a
rotation of the boresight direction of the electronically steerable satellite antenna relative to
the Earth;
calculating a set physical orientation of the electronically steerable satellite antenna relative to the Earth based on the location of the electronically steerable satellite antenna and the directions of incidence of each of the signals from the satellites, wherein the satellites from which the signals, are received are in known orbital locations relative to the Earth, and wherein the set physical orientation comprises an azimuth angle, an elevation angle, and a rotation of the boresight direction of the
electronically steerable satellite antenna relative to the Earth;
wherein determining the direction of incidence of each of the signals with respect to the boresight direction of the electronically steerable satellite antenna comprises electronically steering the beam of the electronically steerable satellite antenna to scan over a range of azimuth angles and a range of elevation angles
wherein determining the direction of incidence of
each of the signals with respect to the boresight direction of the electronically steerable satellite antenna comprises electronically steering the beam of the electronically steerable satellite antenna to scan over a range of azimuth angles and a range of elevation angles.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY K LIU whose telephone number is (571)270-1338. The examiner can normally be reached on every M-F 10 AM to 6:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, please leave a voice message with application serial number and nature of call, a response within 24 hours can be expected during regular business days. Also, the Examiner’s supervisor Hodge, Robert W. can be reached at (571) 272-6496. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2338.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HARRY K LIU/Primary Examiner, Art Unit 3645 Tel: (571) 270-1338
Fax: (571) 270-2338
Email: harry.liu@uspto.gov