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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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 1-9 and 11-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-4, 6-12, and 14-15 of copending Application No. 18/857685 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1-9 and 11-12 of the instant application claims a communication system comprising a window, a transparent open container comprising a back side and at least two opposite lateral sides, each of the back side and the lateral sides comprising a same metallic-based material, a transparent antenna system radiating at a defined range of wavelengths, an installation interface panel, and a fixing means configured to attach the antenna system and the installation interface panel inside the transparent open container and configured to attach the antenna system and the interface layer in front of the window, wherein the antenna system is placed between the back side and the installation interface panel at a defined distance, Daw wherein Daw>0, from the window, wherein the installation interface panel is placed a defined distance, Diw wherein Diw≥0, from the window, wherein the metallic-based material of the back side and the lateral sides is a single continuous metallic-based sheet, wherein the metallic-based sheet is a metallic meshed structure, and wherein the metallic meshed structure is a woven metallic mesh.
Claim 1-4, 6-12, and 14-15 of copending Application No. 18/857685 discloses a communication system comprising a window, a transparent open container comprising a back side and at least two opposite lateral sides, each of the back side and the lateral sides comprising a same metallic-based material, a transparent antenna system radiating at a defined range of wavelengths, an installation interface panel, and a fixing means configured to attach the antenna system and the installation interface panel inside the transparent open container and configured to attach the antenna system and the interface layer in front of the window, wherein the antenna system is placed between the back side and the installation interface panel at a defined distance, Daw wherein Daw>0, from the window, wherein the installation interface panel is placed a defined distance, Diw wherein Diw≥0, from the window, and wherein each of the back side and the lateral sides comprises a transparent dielectric panel being fixed by an interlayer to the metallic-based material, wherein the metallic-based material of the back side and the lateral sides is a continuous metallic-based sheet, wherein the metallic-based sheet is a metallic meshed structure, wherein the metallic meshed structure is a woven metallic mesh.
Claim 1 of the instant application is corresponded to claims 1-4 of the U.S. Patent Application No. 18/857685.
Claim 2 of the instant application is corresponded to claim 1 of the U.S. Patent Application No. 18/857685.
Claim 3 of the instant application is corresponded to claim 6 of the U.S. Patent Application No. 18/857685.
Claim 4 of the instant application is corresponded to claim 7 of the U.S. Patent Application No. 18/857685.
Claim 5 of the instant application is corresponded to claim 8 of the U.S. Patent Application No. 18/857685.
Claim 6 of the instant application is corresponded to claim 9 of the U.S. Patent Application No. 18/857685.
Claim 7 of the instant application is corresponded to claim 10 of the U.S. Patent Application No. 18/857685.
Claim 8 of the instant application is corresponded to claim 11 of the U.S. Patent Application No. 18/857685.
Claim 9 of the instant application is corresponded to claim 12 of the U.S. Patent Application No. 18/857685.
Claim 11 of the instant application is corresponded to claim 14 of the U.S. Patent Application No. 18/857685.
Claim 12 of the instant application is corresponded to claim 15 of the U.S. Patent Application No. 18/857685.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takahashi (US 10714809) teaches an antenna.
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/SEUNG H LEE/ Primary Examiner, Art Unit 2876