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 on July 16, 2024 is being considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-12 are rejected under 35 U.S.C. 101 as claiming the same invention as those of claims 1-9 and 13-15 of prior U.S. Patent No. 12,066,478 B2 issued to Delmastro et al. (having the same inventive entity with that of the instant application under examination). This is a statutory double patenting rejection.
It is a notable fact that a transmitting station’s structure includes the antenna system (a mast or tower with antennas), the transmitter that generates the radio or TV signal, feeder cables (a waveguide) to connect the transmitter to the antenna, and a power supply with backup systems. Therefore, the recitation, “a waveguide of a transmitting station for radio or television”, in Delmastro et al., inherently reads on the limitation, “a waveguide connecting a transmitter to a radio antenna in a transmitting or transmitting/receiving radio system”, as recited in the preamble of claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant’s attention is invited to the followings whose inventions disclose similar devices.
Schmidt (US 4,224,622 A) teaches an apparatus for eliminating amplitude modulation interference in conically scanning radars.
Cioffi et al. (EP 4 333 388 A2) teaches systems and methods for implementing high-speed data transmission systems using waveguide-mode transmission over wires.
Fang et al. (CN 103630943 B) teaches a method and a system for using ultra-wideband carrier-free pulse radar for detecting the lunar soil thickness and moon subsurface geologic structure .
CONTACT INFORMATION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOAI-AN D. NGUYEN whose telephone number is (571) 272-2170. The examiner can normally be reached MON-THURS (7:00 AM - 5:00 PM).
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HOAI-AN D. NGUYEN
Primary Examiner
Art Unit 2858
/HOAI-AN D. NGUYEN/Primary Examiner, Art Unit 2858