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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-5 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because "A program product which makes a computer to perform a method" does not have any hardware structure that executes the logic. Products that do not have a physical or tangible form, such as information (often referred to as "data per se") or a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations are not directed to any of the statutory categories. Examiner encourages Applicant to amend the claims and specification with explicit arguments that the program is executed by a hardware structure such as a processor.
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 1-15 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,120,069. Although the claims at issue are not identical, they are not patentably distinct from each other as seen in the comparison table below.
Instant Application 18/882,926
US Patent No. 12,120,069
1. A program which makes a computer to perform a method, the method comprising:
separately receiving, by a first port of a dual-polarized receive antenna and a second port of the dual-polarized receive antenna, a signal sent by a transmit antenna;
adjusting the signal received by the first port of the dual-polarized receive antenna; and combining the adjusted signal with the signal received by the second port of the dual- polarized receive antenna.
2. (Original) The program according to claim 1, wherein the adjusting the signal received by the first port of the dual-polarized receive antenna comprises: adjusting at least one of a phase or an amplitude of the signal received by the first port of the dual-polarized receive antenna.
1. A non-transitory computer-readable medium storing a program, wherein the program, when executed, causes a computer to perform a full-duplex self-interference weakening operation, the operation comprising:
separately receiving, by a first port of a dual-polarized receive antenna and a second port of the dual-polarized receive antenna, a signal sent by a transmit antenna;
adjusting the signal received by the first port of the dual-polarized receive antenna, wherein the adjusting the signal received by the first port of the dual-polarized receive antenna comprises:
adjusting at least one of a phase or an amplitude of the signal received by the first port of the dual-polarized receive antenna; and
combining the adjusted signal with the signal received by the second port of the dual-polarized receive antenna.
3. The program according to claim 1, wherein the first port of the dual-polarized receive antenna has a first polarization direction, the second port of the dual-polarized receive antenna has a second polarization direction, the transmit antenna has a third polarization direction, and the first polarization direction, the second polarization direction, and the third polarization direction are orthogonal to each other.
2. The computer-readable recording medium according to claim 1, wherein the first port of the dual-polarized receive antenna has a first polarization direction, the second port of the dual-polarized receive antenna has a second polarization direction, the transmit antenna has a third polarization direction, and the first polarization direction, the second polarization direction, and the third polarization direction are orthogonal to each other.
4. The program according to claim 1, wherein a phase difference between two to- be-combined signals is an odd multiple of 180 degrees.
3. The computer-readable recording medium according to claim 1, wherein a phase difference between two to-be-combined signals is an odd multiple of 180 degrees.
5. The program according to claim 1, wherein amplitudes of the two to-be- combined signals are the same.
4. The computer-readable recording medium according to claim 1, wherein amplitudes of the two to-be-combined signals are the same
6. An apparatus, comprising at least one processor and a memory, wherein the memory stores program code, and the at least one processor invokes the program code stored in the memory to execute the following operations: separately receiving, by a first port of a dual-polarized receive antenna and a second port of the dual-polarized receive antenna, a signal sent by a transmit antenna; adjusting the signal received by the first port of the dual-polarized receive antenna; and combining the adjusted signal with the signal received by the second port of the dual- polarized receive antenna.
7. (Original) The apparatus according to claim 6, wherein the adjusting the signal received by the first port of the dual-polarized receive antenna comprises: adjusting at least one of a phase or an amplitude of the signal received by the first port of the dual-polarized receive antenna.
5. An apparatus, comprising:
at least one processor configured to:
separately receive, from a first port of a dual-polarized receive antenna and a second port of the dual-polarized receive antenna, a signal sent by a transmit antenna;
adjust the signal received by the first port of the dual-polarized receive antenna, wherein the adjusting the signal received by the first port of the dual-polarized receive antenna comprises:
adjusting at least one of a phase or an amplitude of the signal received by the first port of the dual-polarized receive antenna; and
combine the adjusted signal with the signal received by the second port of the dual-polarized receive antenna.
8. The apparatus according to claim 6, wherein the first port of the dual-polarized receive antenna has a first polarization direction, the second port of the dual-polarized receive antenna has a second polarization direction, the transmit antenna has a third polarization direction, and the first polarization direction, the second polarization direction, and the third polarization direction are orthogonal to each other.
6. The apparatus according to claim 5, wherein the first port of the dual-polarized receive antenna has a first polarization direction, the second port of the dual-polarized receive antenna has a second polarization direction, the transmit antenna has a third polarization direction, and the first polarization direction, the second polarization direction, and the third polarization direction are orthogonal to each other.
9. The apparatus according to claim 6, wherein a phase difference between two to- be-combined signals is an odd multiple of 180 degrees.
7. The apparatus according to claim 5, wherein a phase difference between two to-be-combined signals is an odd multiple of 180 degrees.
10. The apparatus according to claim 6, wherein amplitudes of the two to-be- combined signals are the same.
8. The apparatus according to claim 5, wherein amplitudes of the two to-be-combined signals are the same.
11. A system, comprising; a first apparatus, configured to send a signal; and a second apparatus, wherein the second apparatus comprises at least one processor and a memory, wherein the memory stores program code, and the at least one processor invokes the program code stored in the memory to execute the following operations: separately receiving, by a first port of a dual-polarized receive antenna and a second port of the dual-polarized receive antenna, the signal sent by the first apparatus; adjusting the signal received by the first port of the dual-polarized receive antenna; and combining the adjusted signal with the signal received by the second port of the dual-polarized receive antenna.
12. The system according to claim 11, wherein the adjusting the signal received by the first port of the dual-polarized receive antenna comprises: adjusting at least one of a phase or an amplitude of the signal received by the first port of the dual-polarized receive antenna.
5. An apparatus, comprising:
at least one processor configured to:
separately receive, from a first port of a dual-polarized receive antenna and a second port of the dual-polarized receive antenna, a signal sent by a transmit antenna;
adjust the signal received by the first port of the dual-polarized receive antenna, wherein the adjusting the signal received by the first port of the dual-polarized receive antenna comprises:
adjusting at least one of a phase or an amplitude of the signal received by the first port of the dual-polarized receive antenna; and
combine the adjusted signal with the signal received by the second port of the dual-polarized receive antenna.
13. The system according to claim 11, wherein the first port of the dual-polarized receive antenna has a first polarization direction, the second port of the dual-polarized receive antenna has a second polarization direction, the first apparatus has a third polarization direction, and the first polarization direction, the second polarization direction, and the third polarization direction are orthogonal to each other.
6. The apparatus according to claim 5, wherein the first port of the dual-polarized receive antenna has a first polarization direction, the second port of the dual-polarized receive antenna has a second polarization direction, the transmit antenna has a third polarization direction, and the first polarization direction, the second polarization direction, and the third polarization direction are orthogonal to each other.
14. The system according to claim 11, wherein a phase difference between two to-be- combined signals is an odd multiple of 180 degrees.
7. The apparatus according to claim 5, wherein a phase difference between two to-be-combined signals is an odd multiple of 180 degrees.
15. The system according to claim 11, wherein amplitudes of the two to-be- combined signals are the same.
8. The apparatus according to claim 5, wherein amplitudes of the two to-be-combined signals are the same.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Tabatabai et al. (US 10,298,336 hereinafter “Tabatabai”) in view of Jain et al. (US 2012/0201176, hereinafter “Jain”).
For claims 1, 6 and 11, Tabatabai discloses A program which makes a computer to perform a method (These computer programs (also known as programs, software, software applications or code) include machine instructions for a programmable processor, and can be implemented in a high-level procedural and/or object-oriented programming language, and/or in assembly/machine language; see Tabatabai col. 10 lines 57-62), the method comprising:
separately receiving, by a first port of a dual-polarized receive antenna and a second port of the dual-polarized receive antenna, a signal sent by a transmit antenna (FIG. 3 provides an example arrangement of operations of a method 300 of isolating an input port 110h, 110v of an antenna 100, such as a dual polarized patch antenna. At block 302, the method 300 includes receiving a signal 102 at an antenna 100 having a horizontal polarization input port 110h and a vertical polarization input port 110v, the signal 102 received at one of the input ports 110h, 110v. At block 304, the method 300 further includes measuring, by a power detector 120, a signal power leakage 104a of a leakage signal 104 from the input port 110h, 110v receiving the signal 102 to the other input port 110h, 110v and, at block 306, measuring, by a phase detector 130, a signal phase leakage 104b of the leakage signal 104 from the input port 110h, 110v receiving the signal 102 to the other input port 110h, 110v. At block 308, the method 300 includes sampling the signal 102 using a first signal coupler 210a on the input port 110h, 110v receiving the signal 102, as a sampled signal 106; see Tabatabai col. 10 lines 17-32);
adjusting the signal received by the first port of the dual-polarized receive antenna (At block 310, the method 300 includes adjusting, by a signal adjuster 220, a phase P of the sampled signal 106 based on the measured leakage phase 104b and, at block 312, adjusting, by the signal adjuster 220, an amplitude A of the sampled signal 106 based on the measured leakage power 104a, resulting in an adjusted sampled signal 108; see Tabatabai col. 10 lines 32-37); and
Tabatabai does not explicitly disclose combining the adjusted signal with the signal received by the second port of the dual- polarized receive antenna. Jain discloses combining the adjusted signal with the signal received by the second port of the dual- polarized receive antenna (At 520, the received first analog radio frequency signal and a portion of the second analog radio frequency signal may be combined to generate an output analog radio frequency signal. This output analog radio frequency signal may be characterized by at least a reduction, or an elimination of, the self-interference signal caused by the reception at 112 of the second analog radio frequency signal; see Jain par. 0049). It would have been obvious to the ordinary skilled in the art before the effective filing date to use Jain's arrangement in Tabatabai's invention to generate an output analog radio frequency signal characterized by at least a reduction or an elimination of the interference signal included in the output analog radio frequency signal (see Jain par. 0006).
Specifically for claim 6, Tabatabai discloses An apparatus, comprising at least one processor and a memory, wherein the memory stores program code, and the at least one processor invokes the program code stored in the memory to execute the following operations: (These various implementations can include implementation in one or more computer programs that are executable and/or interpretable on a programmable system including at least one programmable processor, which may be special or general purpose, coupled to receive data and instructions from, and to transmit data and instructions to, a storage system, at least one input device, and at least one output device; see Tabatabai col. 10 lines 49-56).
Specifically for claim 11, Tabatabai discloses A system, comprising;
a first apparatus, configured to send a signal; and
a second apparatus, wherein the second apparatus comprises at least one processor and a memory, wherein the memory stores program code, and the at least one processor invokes the program code stored in the memory to execute the following operations: (Referring to FIG. 1, in some implementations, a communication system 10 includes an antenna 100, such as a dual-polarized patch antenna, having a horizontal polarized input port 110h and a vertical polarized input port 110v, a power detector 120, a phase detector 130, a controller 140, and an isolator 200; see Tabatabai col. 5 lines 23-28).
Allowable Subject Matter
Claims 2-5, 7-10, 12-15 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 and also if they overcome the 101 rejection and double patenting rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAE S LEE whose telephone number is (571)272-8236. The examiner can normally be reached 8:30AM - 5:00PM.
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/CHAE S LEE/Primary Examiner, Art Unit 2415
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