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.
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Claim 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 4 of U.S. Patent No. 10,784,578 in view of U.S. Patent No. 12,573,759. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claims 1, 3, and 4 of US10784578 claims all the limitations except for the arrangement of the antenna and the carrier. US12573759 disclose wherein the first antenna and second attend extend in opposite directions and a carrier element.
Claim Rejections - 35 USC § 103
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.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Hsu US20140118215 in Zhang et al. US20110032166.
With respect to claim 21, Hsu discloses an antenna structure, comprising: a feeding radiation element, having a feeding point 12; a connection radiation element 122, coupled to the feeding radiation element; a first radiation element 1, coupled to the connection radiation element; a second radiation element 2, coupled to the connection radiation element, wherein the second radiation element and the first radiation element substantially extend in opposite directions [Fig. 2]; a first shorting radiation element 13, wherein the feeding radiation element 12 and the connection radiation element 122 are directly coupled through the first shorting radiation element to a first grounding point 11; a second shorting radiation element 23, disposed adjacent to the second radiation element, wherein the connection radiation element and the first radiation element are directly coupled through the second shorting radiation element to a second grounding point 21. Hsu fails to explicitly disclose a carrier element, wherein the feeding radiation element, the connection radiation element, the first radiation element, the second radiation element, the first shorting radiation element, and the second shorting radiation element are distributed over the carrier element.
Zhang et al., in the same field of endeavor, discloses a carrier element 10 [paragraph 9 and Fig. 1]. It would have been obvious to one of ordinary skill in the art to include the carrier of Zhang et al. into the structure of Hsu to provide mechanical/electrical support therefore improving performance as implied by Zhang et al.
Allowable Subject Matter
Claims 1-15, 17, and 19-20 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen et al. US20190198975 discloses an antenna arrangement [Fig. 1]
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Taningco whose telephone number is (571)272-8048. The examiner can normally be reached Mon-Fri, 8am-4pm, EST.
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ALEXANDER H. TANINGCO
Supervisory Patent Examiner
Art Unit 2845
/ALEXANDER H TANINGCO/ Supervisory Patent Examiner, Art Unit 2845
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