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 .
Double Patenting
1. 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 obviousness-type 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); and 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) maybe used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
2. Claims 1-13 and 16-19 are rejected on the ground of nonstatutory double patenting over claims 1 - 17 of U. S. Patent No. 12,095,549 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
Claims 1-13 and 16-19 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1 – 17 of U.S. Patent No. 12,095,549. Although the conflicting claims are not identical, they are not patentably distinct from each other because present application is obvious in view of the claims 1 – 17 of the U.S. Patent No. 12,095,549. Specifically, the claims of U.S. Patent (12,095,549) are the same elements, same function, and same result as claims of present application. Omission of element and its function in combination is obvious expedient if remaining elements perform same functions as before. In re KARLSON (CCPA) 136 USPQ 184 (1963).
More specifically, the claims 1-13 and 16-19 of the present application is the same elements, same function, and same result as claims 1 - 17 of the U.S. Patent (12,095,549), specially, the independent claims 1, 7, and 12 of the present application is the same invention as the independent claims 1 and 12 plus claims 2 and 4 of the U.S. Patent (12,095,549).
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows, and the difference of the limitations are wordings differently.
For example;
Instant Application
U.S Patent 12,095,549
1. A radio frequency (RF) system comprising: a differential segmented aperture (DSA) comprising an array of electrically conductive tapered projections, wherein the DSA includes an array of aperture pixels comprising pairs of electrically conductive tapered projections of the array of electrically conductive tapered projections; and a mount on which the DSA is mounted, the mount having a joint enabling the DSA to be tilted about a horizontal axis to a desired elevation.
1. A radio frequency (RF) system comprising: a differential segmented aperture (DSA) comprising an array of electrically conductive tapered projections, wherein the DSA includes an array of aperture pixels comprising pairs of electrically conductive tapered projections of the array of electrically conductive tapered projections; and a rotatable turret on which the DSA is mounted, the rotatable turret enabling the DSA to be rotated about a vertical axis to a desired azimuth angle.
2. The RF system of claim 1 wherein the rotatable turret further includes tilting of the DSA about a horizontal axis to a desired elevation.
7. A radio frequency (RF) system comprising: a differential segmented aperture (DSA) comprising an array of electrically conductive tapered projections, wherein the DSA includes an array of aperture pixels comprising pairs of electrically conductive tapered projections of the array of electrically conductive tapered projections; wherein the DSA is rectangular with horizontal and vertical dimensions, and wherein the horizontal dimension is longer than the vertical dimension.
1. A radio frequency (RF) system comprising: a differential segmented aperture (DSA) comprising an array of electrically conductive tapered projections, wherein the DSA includes an array of aperture pixels comprising pairs of electrically conductive tapered projections of the array of electrically conductive tapered projections; and a rotatable turret on which the DSA is mounted, the rotatable turret enabling the DSA to be rotated about a vertical axis to a desired azimuth angle.
4. The RF system of claim 1 wherein the DSA is rectangular with horizontal and vertical dimensions, and wherein the horizontal dimension is longer than the vertical dimension.
12. A radio frequency (RF) system comprising: at least four differential segmented apertures (DSAs) each having a horizontal beamwidth, the at least four DSAs arranged to provide full 360 degree azimuth coverage; wherein each DSA of the at least four DSAs comprises an array of electrically conductive tapered projections, and includes an array of aperture pixels comprising pairs of electrically conductive tapered projections of the array of electrically conductive tapered projections of the DSA.
1. A radio frequency (RF) system comprising: a differential segmented aperture (DSA) comprising an array of electrically conductive tapered projections, wherein the DSA includes an array of aperture pixels comprising pairs of electrically conductive tapered projections of the array of electrically conductive tapered projections; and a rotatable turret on which the DSA is mounted, the rotatable turret enabling the DSA to be rotated about a vertical axis to a desired azimuth angle.
2. The RF system of claim 1 wherein the rotatable turret further includes tilting of the DSA about a horizontal axis to a desired elevation.
The additional limitation is not affecting the scope of the present invention. In addition, even though the claim of present application omitted or rearrangement of the claim structure (simply rearranged and restructured the claim elements using same or similar words), the limitation of independent claims 1 and 12 plus claims 2 and 4 of the U.S. Patent (12,095,549) is encompassed the claimed invention of the independent claims 1, 7, and 12 of the present application.
Therefore, the function and results of the claim invention of present application are same as the claim invention of the U.S. Patent (12,095,549).
Furthermore, the dependent claim 2 of the present application are exact same function and same result as claim 3 of the U.S. Patent (12,095,549).
The dependent claim 3 of the present application are exact same function and same result as claim 5 of the U.S. Patent (12,095,549).
The dependent claim 4 of the present application are exact same function and same result as claim 6 of the U.S. Patent (12,095,549).
The dependent claim 5 of the present application are exact same function and same result as claim 7 of the U.S. Patent (12,095,549).
The dependent claim 6 of the present application are exact same function and same result as claim 8 of the U.S. Patent (12,095,549).
The independent claim 8 of the present application are exact same function and same result as claim 3 of the U.S. Patent (12,095,549).
The dependent claim 9 of the present application are exact same function and same result as claim 6 of the U.S. Patent (12,095,549).
The independent claim 10 of the present application are exact same function and same result as claim 7 of the U.S. Patent (12,095,549).
The dependent claim 11 of the present application are exact same function and same result as claim 8 of the U.S. Patent (12,095,549).
The dependent claim 13 of the present application are exact same function and same result as claim 4 of the U.S. Patent (12,095,549).
The dependent claim 16 of the present application are exact same function and same result as claim 3 of the U.S. Patent (12,095,549).
The independent claim 17 of the present application are exact same function and same result as claim 6 of the U.S. Patent (12,095,549).
The independent claim 18 of the present application are exact same function and same result as claim 7 of the U.S. Patent (12,095,549).
The dependent claim 19 of the present application are exact same function and same result as claim 8 of the U.S. Patent (12,095,549).
Allowable Subject Matter
3. Claims 14-15 and 20 are 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.
Morrow et al. (US 2019/0173605) discloses Dual-Drip Portable Countermeasure Device Against Unmanned Systems.
VASSILAKIS (US 2016/0211576) discloses Two-Way Antenna Mounting Bracket and Assembly with Independently Adjustable Electromechanical Antenna Rilt and Azimuthal Steeling for Beam Reshaping.
Stamm et al. (US 2017/0250778) discloses Dual-Grip Portable Countermeasure Device Against Unmanned System.
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J.L
June 26, 2026
John J Lee
/JOHN J LEE/
Primary Examiner, Art Unit 2649
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