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
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.
Claims 1-4, 6-12, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-13, and 17 of U.S. Patent No. US 12,132,244. Although the claims at issue are not identical, they are not patentably distinct from each other because, despite the claim recitations are merely reworded to recite the same limitations in different language and some of the limitations have been grouped in a slightly different manner, the instant claims are broader than and thus anticipated by the patent claims.
For examples:
Claim 1, the recited elements and limitations are anticipated by the patent claims 1 and 2.
Claim 2, the recited elements and limitations are anticipated by the patent claim 3.
Claim 3, the recited elements and limitations are anticipated by the patent claim 4.
Claim 4, the recited elements and limitations are anticipated by the patent claim 5.
Claim 6, the recited elements and limitations are anticipated by the patent claim 7.
Claim 7, the recited elements and limitations are anticipated by the patent claim 8.
Claim 8, the recited elements and limitations are anticipated by the patent claim 9.
Claim 9, the recited elements and limitations are anticipated by the patent claim 10.
Claim 10, the recited elements and limitations are anticipated by the patent claim 11.
Claim 11, the recited elements and limitations are anticipated by the patent claim 12.
Claim 12, the recited elements and limitations are anticipated by the patent claim 13.
Claim 17, the recited elements and limitations are anticipated by the patent claim 17.
Allowable Subject Matter
Claims 5, 13-16, 18-19 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.
Chiu et al. (US 2021/0005979), Hu et al. (US 2021/0080765), and Wang et al. (CN 210720940 U) disclose a phase shifter, comprising a first substrate, a second substrate and a first dielectric layer between the first substrate and the second substrate, wherein the first substrate comprises a first base substrate and a transmission line on a side of the first base substrate proximal to the first dielectric layer; the second substrate comprises a second base substrate and a reference electrode on a side of the second base substrate proximal to the first dielectric layer, an orthographic projection of the reference electrode on the first base substrate at least partially overlapping an orthographic projection of the transmission line on the first base substrate, wherein a first opening is in the reference electrode, and a length of the first opening along a first direction is not less than a line width of the transmission line, the transmission line comprises a first transmission terminal, a second transmission terminal, and a transmission body portion connected between the first transmission terminal and the second transmission terminal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH Q TRAN whose telephone number is (571)272-1813. The examiner can normally be reached M-F: 9AM - 5PM.
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/ANH Q TRAN/Primary Examiner, Art Unit 2844 12/5/25