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.
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 1-16 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7, 9-10, 14, and 16 of U.S. Patent No. 12476380 in view of Lee (KR 101401769). Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 12476380 claims:
Regarding claim 1, U.S. Patent No. 12476380 claims a unit cell of a metamaterial absorber, comprising: a first metal layer; a first intermediate layer disposed on a lower surface of the first metal layer and composed of polyimide; a resistive layer disposed on a lower surface of the first intermediate layer; a second intermediate layer disposed on a lower surface of the resistive layer and composed of polyimide; and a second metal layer disposed on a lower surface of the second intermediate layer, wherein the resistive layer increases an operating bandwidth of an operating frequency, a thickness of the resistive layer is 0.05 mm to 0.15 mm, and a sheet resistance of the resistive layer is 530 Q.sq⁻¹ to 550 Q.sq⁻¹ (claim 1).
Regarding claim 1, U.S. Patent No. 12476380 does not claim at least one concentric circular ring-shaped conductor pattern. Lee teaches at least one concentric circular ring-shaped conductor pattern (fig 3a and 3b). It would have been obvious to modify U.S. Patent No. 12476380 because it is merely a substitution of the shape of the conductive pattern of the electromagnetic wave absorber of U.S. Patent No. 12476380 with the shape of the conductive pattern of the electromagnetic wave absorber of Lee to yield a predictable electromagnetic wave absorber.
Regarding claim 2, U.S. Patent No. 12476380 claims the operating bandwidth of the operating frequency is a center frequency of 5.8 GHz and a band of 5.55 GHz to 6.05 GHz, wherein an electromagnetic wave absorption rate for an incidence angle of 45° is 97% or more within the operating bandwidth range (claim 2).
Regarding claim 3, while U.S. Patent No. 12476380 does not claim the first metal layer comprises a first conductor pattern in which a width of a concentric circular ring is 0.3 mm to 0.5 mm and a radius of the concentric circular ring is 5.0 mm to 5.8 mm, and a thickness of the first metal layer is 30 µm to 40 µm, It would have been obvious to modify U.S. Patent No. 12476380 to include the first metal layer comprises a first conductor pattern in which a width of a concentric circular ring is 0.3 mm to 0.5 mm and a radius of the concentric circular ring is 5.0 mm to 5.8 mm, and a thickness of the first metal layer is 30 µm to 40 µm because it merely an implementation of the metal layer to produce the perform at the operating bandwidth of the absorber that yield a predictable electromagnetic absorber.
Regarding claim 4, while U.S. Patent No. 12476380 does not claim a horizontal length of the first intermediate layer is 20 mm to 30 mm, a vertical length of the first intermediate layer is 20 mm to 30 mm, and a thickness of the first intermediate layer is 0.1 mm to 0.3 mm, It would have been obvious to modify U.S. Patent No. 12476380 to include a horizontal length of the first intermediate layer is 20 mm to 30 mm, a vertical length of the first intermediate layer is 20 mm to 30 mm, and a thickness of the first intermediate layer is 0.1 mm to 0.3 mm because it merely an implementation of the first intermediate layer to produce the perform at the operating bandwidth of the absorber that yield a predictable electromagnetic absorber.
Regarding claim 5, while U.S. Patent No. 12476380 does not claim a horizontal length of the resistive layer is 20 mm to 30 mm, and a vertical length of the resistive layer is 20 mm to 30 mm, a horizontal length of the first intermediate layer is 20 mm to 30 mm, It would have been obvious to modify U.S. Patent No. 12476380 to include a horizontal length of the resistive layer is 20 mm to 30 mm, and a vertical length of the resistive layer is 20 mm to 30 mm, a horizontal length of the first intermediate layer is 20 mm to 30 mm because it merely an implementation of the resistive layer to produce the perform at the operating bandwidth of the absorber that yield a predictable electromagnetic absorber.
Regarding claim 6, while U.S. Patent No. 12476380 does not claim a horizontal length of the second intermediate layer is 20 mm to 30 mm, a vertical length of the second intermediate layer is 20 mm to 30 mm, and a thickness of the second intermediate layer is 0.4 mm to 0.6 mm. It would have been obvious to modify U.S. Patent No. 12476380 to include a horizontal length of the second intermediate layer is 20 mm to 30 mm, a vertical length of the second intermediate layer is 20 mm to 30 mm, and a thickness of the second intermediate layer is 0.4 mm to 0.6 mm because it merely an implementation of the second intermediate layer to produce the perform at the operating bandwidth of the absorber that yield a predictable electromagnetic absorber.
Regarding claim 7, U.S. Patent No. 12476380 claims a dielectric constant of each of the first and second intermediate layers is 3.5, and a dielectric loss tangent of each of the first and second intermediate layers is 0.0027 (claim 7).
Regarding claim 8, while U.S. Patent No. 12476380 does not claim a horizontal length of the second metal layer is 20 mm to 30 mm, a vertical length of the second metal layer is 20 mm to 30 mm, and a thickness of the second metal layer is 30 µm to 40 µm, It would have been obvious to modify U.S. Patent No. 12476380 to include a horizontal length of the second metal layer is 20 mm to 30 mm, a vertical length of the second metal layer is 20 mm to 30 mm, and a thickness of the second metal layer is 30 µm to 40 µm because it merely an implementation of the second metal layer to produce the perform at the operating bandwidth of the absorber that yield a predictable electromagnetic absorber.
Regarding claim 9, U.S. Patent No. 12476380 claims the operating bandwidth of the operating frequency is a center frequency of 10 GHz and a band of 9.5 GHz to 10.5 GHz, wherein an electromagnetic wave absorption rate for an incidence angle of 45° is 97 % or more within the operating bandwidth range (claim 9).
Regarding claim 10, U.S. Patent No. 12476380 does not claim the first metal layer comprises a second conductor pattern, wherein the second conductor pattern comprises a first concentric circular ring; and a second concentric circular ring formed to surround the first concentric circular ring, wherein a center of the second concentric circular ring coincides with a center of the first concentric circular ring, a width of each of the first and second concentric circular rings is 0.3 mm to 0.5 mm, a radius of the first concentric circular ring is 1.8 mm to 2.0 mm, a radius of the second concentric circular ring is 3.2 mm to 3.4 mm, and a thickness of the first metal layer is 30 µm to 40 µm. Lee teaches the first metal layer comprises a second conductor pattern, wherein the second conductor pattern comprises a first concentric circular ring; and a second concentric circular ring formed to surround the first concentric circular ring, wherein a center of the second concentric circular ring coincides with a center of the first concentric circular ring (fig 3a and 3b). It would have been obvious to modify U.S. Patent No. 12476380 it include the first metal layer comprises a second conductor pattern, wherein the second conductor pattern comprises a first concentric circular ring; and a second concentric circular ring formed to surround the first concentric circular ring, wherein a center of the second concentric circular ring coincides with a center of the first concentric circular ring because it is merely a change in shape of the conductive pattern of the electromagnetic wave absorber of U.S. Patent No. 12476380 with the shape of the conductive pattern of the electromagnetic wave absorber of Lee to yield a predictable electromagnetic wave absorber.
Regarding claim 10, while U.S. Patent No. 12476380 does not claim a width of each of the first and second concentric circular rings is 0.3 mm to 0.5 mm, a radius of the first concentric circular ring is 1.8 mm to 2.0 mm, a radius of the second concentric circular ring is 3.2 mm to 3.4 mm, and a thickness of the first metal layer is 30 µm to 40 µm, It would have been obvious to modify U.S. Patent No. 12476380 to include a width of each of the first and second concentric circular rings is 0.3 mm to 0.5 mm, a radius of the first concentric circular ring is 1.8 mm to 2.0 mm, a radius of the second concentric circular ring is 3.2 mm to 3.4 mm, and a thickness of the first metal layer is 30 µm to 40 µm because it merely an implementation of the conductive layer to produce the perform at the operating bandwidth of the absorber that yield a predictable electromagnetic absorber.
Regarding claim 11, while U.S. Patent No. 12476380 does not claim first intermediate layer is 10 mm to 20 mm, a vertical length of the first intermediate layer is 10 mm to 20 mm, and a thickness of the first intermediate layer is 0.1 mm to 0.3 mm. It would have been obvious to modify U.S. Patent No. 12476380 to include a first intermediate layer is 10 mm to 20 mm, a vertical length of the first intermediate layer is 10 mm to 20 mm, and a thickness of the first intermediate layer is 0.1 mm to 0.3 mm because it merely an implementation of the conductive layer to produce the perform at the operating bandwidth of the absorber that yield a predictable electromagnetic absorber.
Regarding claim 12, while U.S. Patent No. 12476380 does not claim a horizontal length of the resistive layer is 10 mm to 20 mm, and a vertical length of the resistive layer is 10 mm to 20 mm, It would have been obvious to modify U.S. Patent No. 12476380 to include a horizontal length of the resistive layer is 10 mm to 20 mm, and a vertical length of the resistive layer is 10 mm to 20 mm because it merely an implementation of the resistive layer to produce the perform at the operating bandwidth of the absorber that yield a predictable electromagnetic absorber.
Regarding claim 13, while U.S. Patent No. 12476380 does not claim a horizontal length of the second intermediate layer is 10 mm to 20 mm, a vertical length of the second intermediate layer is 10 mm to 20 mm, and a thickness of the second intermediate layer is 0.4 mm to 0.6 mm.
Regarding claim 14, U.S. Patent No. 12476380 claims a dielectric constant of each of the first and second intermediate layers is 3.5, and a dielectric loss tangent of each of the first and second intermediate layers is 0.0027 (claim 14).
Regarding claim 15, while U.S. Patent No. 12476380 does not claim a horizontal length of the second metal layer is 10 mm to 20 mm, a vertical length of the second metal layer is 10 mm to 20 mm, and a thickness of the second metal layer is 30 µm to 40 µm, It would have been obvious to modify U.S. Patent No. 12476380 to include a horizontal length of the second metal layer is 10 mm to 20 mm, a vertical length of the second metal layer is 10 mm to 20 mm, and a thickness of the second metal layer is 30 µm to 40 µm because it merely an implementation of the second metal layer to produce the perform at the operating bandwidth of the absorber that yield a predictable electromagnetic absorber.
Regarding claim 16, U.S. Patent No. 12476380 claims metamaterial absorber, comprising a plurality of unit cells, wherein the unit cells are arranged on the same plane to form a flat structure, and each of the unit cells; a first intermediate layer disposed on a lower surface of the first metal layer and composed of polyimide; a resistive layer disposed on a lower surface of the first intermediate layer; a second intermediate layer disposed on a lower surface of the resistive layer and composed of polyimide; and a second metal layer disposed on a lower surface of the second intermediate layer, wherein the resistive layer increases an operating bandwidth of an operating frequency, a thickness of the resistive layer is 0.05 mm to 0.15 mm, and a sheet resistance of the resistive layer is 530 Q.sq⁻¹ to 550 Q.sq⁻¹ (claim 16).
Regarding claim 16, U.S. Patent No. 12476380 does not claim at least one concentric circular ring-shaped conductor pattern. Lee teaches at least one concentric circular ring-shaped conductor pattern (fig 3a and 3b). It would have been obvious to modify U.S. Patent No. 12476380 because it is merely a change in shape of the conductive pattern of the electromagnetic wave absorber of U.S. Patent No. 12476380 with the shape of the conductive pattern of the electromagnetic wave absorber of Lee to yield a predictable electromagnetic wave absorber.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY A BRAINARD whose telephone number is (571)272-2132. The examiner can normally be reached Monday - Friday 8:30 a.m.-5 p.m.
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, William Kelleher can be reached at 571-272-7753. 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.
TIMOTHY A. BRAINARD
Primary Examiner
Art Unit 3648
/TIMOTHY A BRAINARD/Primary Examiner, Art Unit 3648