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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted 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.
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Claim 1-7 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-8 of copending Application No. 18854607 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of following:
- With respect to claims, the Copending discloses a wireless communication device in a wireless communication system including one or more communication devices installed on the ground and a moving wireless communication device (see claim 1, lines 1-3 of copending application), the wireless communication device comprising: an activation signal generator configured to generate an activation signal for activating the one or more communication devices (see claim 1, lines 5-6 of copeding application); one or more frequency change appliers configured to apply a frequency change to the activation signal generated by the activation signal generator (see claim 1, lines 7-10 of copeding application); and a transmitter configured to transmit an activation signal to which a frequency change is applied to the one or more frequency change appliers (see claim 1, lines 11-13 of copeding application).
- Regarding to claims, the Application merely broaden the scope of the Patent by eliminate “a frequency variation that compensates for a Doppler variation indicating a time variation in a Doppler shift”. It have been held that the omission of the element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 168 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not need would be obvious to one skill in the art.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
(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.
Claim(s) 1-3,5-7 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Ljung (Pub. No. 20200329432).
- With respect to claims 1, 7, Ljung teaches a wireless communication device (e.g. block 600 in Fig. 1A) in a wireless communication system including one or more communication devices installed on the ground and a moving wireless communication device (e.g. the device 300 in Fig. 1A ), the wireless communication device comprising: an activation signal generator configured to generate an activation signal for activating the one or more communication devices (e.g. the activation signal from 600 to electronic device 300 in fig. 1A, see par. 44-45); one or more frequency change appliers configured to apply a frequency change to the activation signal generated by the activation signal generator (e.g. par. 32 discloses “ Wireless positioning systems may have the possibility to utilize multiple frequencies for transmission of multiple positioning signals” and change frequency for different position see par. 44 from first to second frequency); and a transmitter configured to transmit an activation signal to which a frequency change is applied to the one or more frequency change appliers (e.g. transmitting activation for second position with second frequency see par. 44, 55 Fig. 3 block s206).
- With respect to claim 2, Ljung teaches wherein the one or more frequency change appliers application units are a plurality of frequency change appliers application units, the wireless communication device further comprises: a distributor configured to distribute the activation signal generated by the activation signal generator and outputs the activation signal to each of the plurality of frequency change- appliers (e.g. Fig. 2 shows activation trigger s204 for second frequency S206); and a synthesizers configured to synthesize each activation signal to which the frequency change is applied by the plurality of frequency change appliers, and the transmitter transmission unit transmits the activation signal synthesized by the synthesizers (e.g. the activation in Fig. 8 and frequency change see par. 190-191).
- With respect to claim 3, Ljung teaches wherein each of the plurality of frequency change appliers application units applies a different frequency change to the activation signal distributed by the distributor (e.g. the position in Fig. 8 apply for different frequencies see par. 188-191).
- With respect to claim 5, Ljung teaches a setter configured to set a frequency change value applied by the one or more frequency change appliers application units for each of the one or more frequency change- appliers, wherein the setter sets a frequency change value set for each area on the ground viewed from the wireless communication device for each of the one or more frequency change appliers (e.g. each position for different frequencies as show in fig. 1A and par. 44, 55).
- With respect to claim 6, wherein when an instruction to activate the one or more communication devices installed in a specific area is input (position unit in Fig. 1A), the setter sets a frequency change value corresponding to the specific area in the one or more frequency change appliers (see par. 44, 55 with each position for difference frequency).
Allowable Subject Matter
Claim 4 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
. Examiner's Note: Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUC H TRAN whose telephone number is (571)272-3172. The examiner can normally be reached M-F 8-5 Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy K. Kundu can be reached at 571-272-8586. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUC H TRAN/Primary Examiner, Art Unit 2471
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