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 .
The amendment filed on 03/11/2026 has been entered. Claims 1-20 have been cancelled. The newly added claims 21-33 are pending in this Office action.
Claim Objections
Claims 21-22, 28 are objected to because of the following informalities:
Regarding claim 21. line 12, the term “words. .” should be -- words.--.
Regarding claim 22. line 3, insert --.--after the term “maintained”.
Regarding claim 28. line 3, the term “Synchronize” should be --synchronize--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 25 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The limitation of claim 25 is similar to a last limitation of claim 1 such as “wherein the generating the predicted control word comprises: generating, based on the plurality of control words, a linear curve fit”.
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.
U.S. Pat. 11,463,234
Instant Appl. 18/760,440
1, 5. A system comprising: a Global Positioning System (GPS) receiver configured to generate a GPS signal; and a computing device including: at least one processor; and memory storing non-transitory computer-readable instructions that, when executed by the at least one processor, cause the computing device to: synchronize, by the computing system and based on a plurality of control words, a local signal with a Global Positioning System (GPS) signal; (claim 5) determine that the amount of time during which a local reference signal was synchronized with the GPS signal satisfies a second predetermined time duration less than a first predetermined time duration; generate, based on the plurality of control words, a second order estimate of the predicted control word; (claim 6) wherein the generation of the predicted control word comprises: generate, based on the plurality of control words, a linear curve fit; (claim 7) interruption in the GPS signal; detect, by the computing system, a loss of the GPS signal; determine that the local signal was synchronized with the GPS signal before the loss of the GPS signal; continue to maintain synchronization, by the computing system, between the local signal and the GPS signal based on the plurality of control words and based on adjusting a frequency of the local signal; determine that the local signal was not synchronized with the GPS signal before the loss of the GPS signal; determine a most recent control word of the plurality of words; and adjust a frequency of the local signal based on the most recent control word, wherein the adjusting the frequency of the local signal is based on: determine an amount of time corresponding to a generation of the plurality of control words; determine that the amount of time satisfies a predetermined duration of time; and generate a predicted control word based on the plurality of control words.
5. The system of claim 1, the memory further storing computer-readable instructions Original, when executed by the at least one processor, cause the computing device to: determine that the amount of time during which a local reference signal was synchronized with the GPS signal satisfies a second predetermined time duration less than a first predetermined time duration; generate, based on the plurality of control words, a second order estimate of the predicted control word; and maintain synchronization of the local reference signal with the GPS signal based on the second order estimate of the predicted control word.
5. The system of claim 1, the memory further storing computer-readable instructions Original, when executed by the at least one processor, cause the computing device to: determine that the amount of time during which a local reference signal was synchronized with the GPS signal satisfies a second predetermined time duration less than a first predetermined time duration; generate, based on the plurality of control words, a second order estimate of the predicted control word; and maintain synchronization of the local reference signal with the GPS signal based on the second order estimate of the predicted control word.
6. The system of claim 1, wherein the generation of the predicted control word comprises: generate, based on the plurality of control words, a linear curve fit.
7. The system of claim 1, the memory further storing computer-readable instructions that, when executed by the at least one processor, cause the computing device to: after determining the interruption in the GPS signal, determine an absence of synchronization of a local reference signal with the GPS signal; and adjust a frequency of the local reference signal based on a recent control word of the plurality of control words.
8. The system of claim 1, the memory further storing computer-readable instructions that, when executed by the at least one processor, cause the computing device to: maintain synchronization of a local reference signal with the GPS signal based on the adjusted frequency of a local reference signal.
21. (New) A non-transitory computer readable medium containing instructions that, when executed by at least one processor of a computing device, cause the computing device to: receive a Global Positioning System (GPS) signal ;synchronize a local reference signal with the GPS signal based on a plurality of control words; determine an amount of time during which the local reference signal was synchronized with the GPS signal; and after identifying an interruption in the GPS signal, generate a predicted control word based on the plurality of control words and based on the amount of time satisfying a first predetermined time duration, wherein the generated predicted control word comprises: generating a linear curve fit based on the plurality of control words.
22. (New) The non-transitory computer readable medium of claim 21, wherein synchronization of the local reference signal with the GPS signal based on the predicted control word is maintained.
24. (New) The non-transitory computer readable medium of claim 21, further containing instructions that, when executed by the at least one processor of the computing device, cause the computing device to: determine that the amount of time during which the local reference signal was synchronized with the GPS signal satisfies a second predetermined time duration less than the first predetermined time duration; generate, based on the plurality of control words, a second order estimate of the predicted control word; and maintain synchronization of the local reference signal with the GPS signal based on the second order estimate of the predicted control word.
25. (New) The non-transitory computer readable medium of claim 21, wherein the generating the predicted control word comprises: generating, based on the plurality of control words, a linear curve fit.
26. (New) The non-transitory computer readable medium of claim 21, further containing instructions that, when executed by the at least one processor of the computing device, cause the computing device to: after the determining the interruption in the GPS signal, determine an absence of synchronization of the local reference signal with the GPS signal; andadjust a frequency of the local reference signal based on a most recent control word of the plurality of control words.
27. (New) The non-transitory computer readable medium of claim 26, further containing instructions that, when executed by the at least one processor of the computing device, cause the computing device to: maintain synchronization of the local reference signal with the GPS signal based on the adjusted frequency of the local reference signal.
Claims 21-22, 24-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-8 of U.S. Patent No. 11,463,234. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21-22, 24-27 of the instant application merely broadens the scope of the claims 1, 5-87 of U.S. Pat. No. 11,463,234 by eliminating the elements and their functions of the claims 1, 5-87 of U.S. Pat. No. 11,463,234. It has been held that the omission an 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 Rainu, 168 USPQ 375 (Bd.App. 1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art.
U.S. Pat. 12,028,439
Instant Appl. 18/760,440
1. A method comprising: receiving, by a computing system, a Global Positioning System (GPS) signal; synchronizing, by the computing system, a local reference signal with the GPS signal based on a plurality of control words; determining, by the computing system, an amount of time during which the local reference signal was synchronized with the GPS signal; and after identifying an interruption in the GPS signal, generating a predicted control word based on the plurality of control words and based on the amount of time satisfying a first predetermined time duration; wherein the generating the predicted control word comprises: generating, based on the plurality of control words, a linear curve fit.
2. The method of claim 1, further comprising: maintaining, by the computing system and via a feedback path, synchronization of the local reference signal with the GPS signal based on the predicted control word.
3. The method of claim 2, further comprising: controlling, based on the predicted control word, a slew voltage; and adjusting, via the feedback path, a frequency of the local reference signal based on the slew voltage.
4. The method of claim 1, further comprising: determining, by the computing system, that the amount of time during which the local reference signal was synchronized with the GPS signal satisfies a second predetermined time duration less than the first predetermined time duration; generating, by the computing system and based on the plurality of control words, a second order estimate of the predicted control word; and maintaining, by the computing system, synchronization of the local reference signal with the GPS signal based on the second order estimate of the predicted control word.
5. The method of claim 1, further comprising: after the determining the interruption in the GPS signal, determining, an absence of synchronization of the local reference signal with the GPS signal; and adjusting a frequency of the local reference signal based on a most recent control word of the plurality of control words.
6. The method of claim 5, further comprising: maintaining synchronization of the local reference signal with the GPS signal based on the adjusted frequency of the local reference signal.
13. A method comprising: synchronizing, by the computing system and based on a plurality of control words, a local signal with a Global Positioning System (GPS) signal; detecting, by the computing system, a loss of the GPS signal; determining that the local signal was synchronized with the GPS signal before the loss of the GPS signal; continuing to maintain synchronization, by the computing system, between the local signal and the GPS signal based on the plurality of control words and based on adjusting a frequency of the local signal; wherein the generating the predicted control word comprises: generating, based on the plurality of control words, a linear curve fit.
14. The method of claim 13, further comprising: determining that the local signal was not synchronized with the GPS signal before the loss of the GPS signal; determining a most recent control word of the plurality of words; and adjusting a frequency of the local signal based on the most recent control word.
15. The method of claim 13, wherein the adjusting the frequency of the local signal is based on: determining an amount of time corresponding to a generation of the plurality of control words; determining that the amount of time satisfies a predetermined duration of time; and generating a predicted control word based on the plurality of control words.
16. The method of claim 13, wherein the adjusting the frequency of the local signal is based on: determining an amount of time corresponding to a generation of the plurality of control words; determining that the amount of time does not satisfy a predetermined duration of time; and generating a second order word based on the plurality of control words, wherein the second order word corresponds to an average value associated with the plurality of control words.
17. The method of claim 13, wherein the plurality of control words are generated based on: detecting a plurality of timing offsets between the GPS signal and the local signal.
21, 25. (New) A non-transitory computer readable medium containing instructions that, when executed by at least one processor of a computing device, cause the computing device to: receive a Global Positioning System (GPS) signal; synchronize a local reference signal with the GPS signal based on a plurality of control words; determine an amount of time during which the local reference signal was synchronized with the GPS signal; and after identifying an interruption in the GPS signal, generate a predicted control word based on the plurality of control words and based on the amount of time satisfying a first predetermined time duration, wherein the generated predicted control word comprises: generating a linear curve fit based on the plurality of control words.
22. (New) The non-transitory computer readable medium of claim 21, wherein synchronization of the local reference signal with the GPS signal based on the predicted control word is maintained.
23. (New) The non-transitory computer readable medium of claim 22, wherein a slew voltage is controlled based on the predicted control word; and wherein a frequency of the local reference signal based on the slew voltage is adjusted via the feedback path.
24. (New) The non-transitory computer readable medium of claim 21, further containing instructions that, when executed by the at least one processor of the computing device, cause the computing device to: determine that the amount of time during which the local reference signal was synchronized with the GPS signal satisfies a second predetermined time duration less than the first predetermined time duration; generate, based on the plurality of control words, a second order estimate of the predicted control word; and maintain synchronization of the local reference signal with the GPS signal based on the second order estimate of the predicted control word.
26. (New) The non-transitory computer readable medium of claim 21, further containing instructions that, when executed by the at least one processor of the computing device, cause the computing device to: after the determining the interruption in the GPS signal, determine an absence of synchronization of the local reference signal with the GPS signal; and adjust a frequency of the local reference signal based on a most recent control word of the plurality of control words.
27. (New) The non-transitory computer readable medium of claim 26, further containing instructions that, when executed by the at least one processor of the computing device, cause the computing device to: maintain synchronization of the local reference signal with the GPS signal based on the adjusted frequency of the local reference signal.
28, 31. (New) A non-transitory computer readable medium containing instructions that, when executed by at least one processor of a computing device, cause the computing device to synchronize, based on a plurality of control words, a local signal with a Global Positioning System (GPS) signal; detect a loss of the GPS signal; determine that the local signal was synchronized with the GPS signal before the loss of the GPS signal; and continue to maintain synchronization between the local signal and the GPS signal based on the plurality of control words and based on adjusting a frequency of the local signal; (claim 31) wherein the generating the predicted control word is based on generating a linear curve fit of the plurality of control words
29. (New) The non-transitory computer readable medium of claim 28, further containing instructions that, when executed by the at least one processor of the computing device, cause the computing device to: determine that the local signal was not synchronized with the GPS signal before the loss of the GPS signal; determine a most recent control word of the plurality of words; and adjust a frequency of the local signal based on the most recent control word.
30. (New) The non-transitory computer readable medium of claim 28, wherein the adjusting the frequency of the local signal is based on: determining an amount of time corresponding to a generation of the plurality of control words; determining that the amount of time satisfies a predetermined duration of time; and generating a predicted control word based on the plurality of control words.
32. (New) The non-transitory computer readable medium of claim 28, wherein the adjusting the frequency of the local signal is based on: determining an amount of time corresponding to a generation of the plurality of control words; determining that the amount of time does not satisfy a predetermined duration of time; and generating a second order word based on the plurality of control words, wherein the second order word corresponds to an average value associated with the plurality of control words.
33. (New) The non-transitory computer readable medium of claim 28, wherein the plurality of control words are generated based on: detecting a plurality of timing offsets between the GPS signal and the local signal.
Claims 21-33 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 13-17 of U.S. Patent No. 12,028,439. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21-33 of the instant application merely broadens the scope of the claims 1-6, 13-17 of U.S. Patent No. 12,028,439 by eliminating the elements and their functions of the claims 1-6, 13-17 of U.S. Patent No. 12,028,439. It has been held that the omission an 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 Rainu, 168 USPQ 375 (Bd.App. 1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art.
Conclusion
THIS ACTION IS MADE FINAL. 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 KHAI TRAN whose telephone number is (571)272-3019. The examiner can normally be reached until 4:00PM.
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/KHAI TRAN/Primary Examiner, Art Unit 2632
KT
April 16, 2026
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