CTNF 18/728,612 CTNF 79613 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement 06-52 The information disclosure statement (IDS) submitted on 7/12/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA 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. 08-35 Claim s 1-13 and 15-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-12 and 14-21 of copending Application No. 18/728,954 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both applications claimed an antenna circuitry that comprises a plurality of antenna subarrays with supports from different local oscillators or D/A or A/D converters . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 13 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because “a computer-storage medium" renders the claims non-statutory because in the specification, page 23, paragraph 3, defines the computer-storage medium as "suitable data storage medium including digital and analog transmission medium". Since the digital and analog transmission medium is non-tangible medium such as carrier wave and transmission signal, the claimed invention is directed to non-statutory subject matter. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-12-aia AIA (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. 07-15 AIA Claim (s) 1, 2,4-8, 10-13, 15, and 17-21 are rejected under 35 U.S.C. 102 ( a)(1) or (a)(2 ) as being anticipated by Jiang et al. (US Patent No. 11,811,147), hereinafter Jiang . Per claim 1, 10, and 13, Jiang discloses a radio node (see figure 9 and 10 and corresponding paragraphs) with an antenna circuitry (see figure 1)and CRM being one or both (a) connected or connectable, and/or and (b) included in, an antenna arrangement comprising a plurality of antenna subarrays (“calibration elements” and “service elements”), the antenna circuitry comprising a plurality of local oscillators; each of the local oscillators being connected to at least one of the antenna subarrays; the antenna circuitry being adapted for performing configured to perform calibration of local oscillators based on calibration signaling transmitted by a transmitting subarray associated to a first local oscillator (amplitude and phase creation for up converting) and received by at least one receiving subarray (see figure 8 and item “Calibration channel”); and the receiving subarray being associated to a second local oscillator (amplitude and phase creation for down converting) different from the first local oscillator (see figure 8 and “service channel”). Per claim 2 and 15, Jiang further teaches performing calibration is also based on the calibration signaling being received by a subarray associated to the first local oscillator (see figure 3). Per claim 4 and 17, Jiang further teaches that each local oscillator is connected or connectable to two subarrays, wherein the two subarrays may be associated to different polarisations of signaling. Per claim 5 and 18, Jiang further teaches that calibration is based on a reference calibration (see figure 4 and items s43). Per claim 6 and 19, Jiang further teaches that calibration comprises transmitting calibration signaling by different subarrays, wherein different calibration signaling may be transmitted by different subarrays (see figure 2 and 3). Per claim 7 and 20, Jiang further teaches that the calibration signaling is reference signaling (see figure 7 and item s73). Per claim 8 and 21, Jiang further teaches that a subarray is duplex capable (see figures 3 and 6, both transmitting and receiving). Per claim 11, Jiang further teaches the radio node is a network node or wireless device (see figure 9 and 10, terminals). Per claim 12, Jiang further teaches that radio node being configure to perform a method of calibration of the local oscillators (see figures 4 and 7) . Claim Rejections - 35 USC § 103 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim (s) 3, 9, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang . Per claims 3 and 16, jiang teaches a self calibration system for high frequency as depicted in claim 1 and 10. Although Jiang doesn’t expressly teach the utilization of the local oscillators one or both. It is notoriously well known in the art to use a phase lock loop system. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to ensure the phase of the output signal is synchronized with the input of a reference signal. Per claim 9, Jiang teaches a self calibration system for high frequency as depicted in claim 1. Jiang further teaches the starting of the calibration of the system is related to the performance of the system (see background) such as reduce of the signal amplitude. Although Jiang is silent about that calibration is performed based on one or more of a schedule, a temperature drift and a temperature measurement. It is well known in the art the temperature change of a wireless system would affect the performance of it. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to associate the temperature (over heat) of a system with the calibration. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUWEN PAN whose telephone number is (571)272-7855. The examiner can normally be reached M-F 9:00am-5:00pm. 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. 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. YUWEN . PAN Supervisory Patent Examiner Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649 Application/Control Number: 18/728,612 Page 2 Art Unit: 2649 Application/Control Number: 18/728,612 Page 3 Art Unit: 2649 Application/Control Number: 18/728,612 Page 4 Art Unit: 2649 Application/Control Number: 18/728,612 Page 5 Art Unit: 2649 Application/Control Number: 18/728,612 Page 6 Art Unit: 2649 Application/Control Number: 18/728,612 Page 7 Art Unit: 2649 Application/Control Number: 18/728,612 Page 8 Art Unit: 2649
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