DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. This communication is response to the amendment filed on February 04, 2026. Claims 1-3, 11-12, 17-19, 27-28 and 30 have been amended. Accordingly, claims 1-30 are currently pending.
Response to Remarks/Arguments
3. With respect to the claim objections and rejections under 112(b) of the pervious Office Action, mailed on 11/05/25, have been withdrawn due to proper amendments and/or persuasive arguments.
In response to Applicant’s arguments, see pages 9-10, with regard to the Double Patenting (DP) rejections, Applicant stated that an electronic Terminal Disclaimer (TD) is submitted herewith to expedite allowance of the pending claims. However, the Office has not received the TD. Hence, the DP rejections are maintained.
Double Patenting
4. 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 claims at issue 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) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
5. Claims 1, 17 and 30 (Instant Application) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 15 of US Patent No. 12,119,850 B2 (Patented Application).
Claim 1 of Instant Application
Claim 1 of Patented Application
A wireless communication device, comprising: at least one memory; and at least one processor communicatively coupled with the at least one memory, the at least one processor operable to cause the wireless communication device to: modulate a first carrier signal according to a baseband signal to generate a millimeter wave (mmWave) carrier signal of a first bandwidth; and transmit a radio frequency (RF) signal associated with the mmWave carrier signal in accordance with a first spectral mask for the mmWave carrier signal of the first bandwidth, wherein the first spectral mask defines: an in-band frequency offset range; and a plurality of transitional frequency offset ranges corresponding to a respective plurality of transitional frequency offset ranges associated with a second spectral mask for a second carrier signal of a second bandwidth scaled according to a first ratio; wherein a width of the in-band frequency offset range is wider than a width of an in-band frequency offset range of the second spectral mask for the second carrier signal scaled according to the first ratio.
A wireless communication device, comprising: at least one memory; and at least one processor communicatively coupled with the at least one memory, the at least one processor operable to cause the wireless communication device to: modulate a millimeter-wave (mmWave) carrier signal according to a baseband signal to generate a modulated mm Wave carrier signal of a first bandwidth (β1); and transmit a radio frequency (RF) signal associated with the modulated mmWave carrier signal in accordance with a first spectral mask for the mmWave carrier signal of the first bandwidth (β1), wherein the first spectral mask defines: an in-band frequency offset range; and multiple transitional frequency offset ranges, including a respective transitional frequency offset range for each of multiple attenuation factors, wherein for each of the multiple attenuation factors, the respective transitional frequency offset range corresponds to a transitional frequency offset range for that attenuation factor associated with a second spectral mask for a nominal carrier signal of a second bandwidth (β2) scaled according to a ratio Sβ between the first bandwidth (β1) and the second bandwidth (β2); wherein a width of the in-band frequency offset range is wider than a width of an in-band frequency offset range of the second spectral mask for the nominal carrier signal scaled according to the ratio Sβ.
Although the claims are not identical, they are not patentably distinct from each other because both claims are directed to a device. However, the instant discloses the subject matter in a broad manner and thus anticipates the same. Similar rejection applies to claim 30.
Claim 17 of Instant Application
Claim 15 of Patented Application
A method for wireless communication by a wireless communication device, the method comprising: modulating a first carrier signal according to a baseband signal to generate a millimeter wave (mmWave) carrier signal of a first bandwidth; and transmitting a radio frequency (RF) signal associated with the mmWave carrier signal in accordance with a first spectral mask for the mmWave carrier signal of the first bandwidth, wherein the first spectral mask defines: an in-band frequency offset range; and a plurality of transitional frequency offset ranges corresponding to a respective plurality of transitional frequency offset ranges associated with a second spectral mask for a second carrier signal of a second bandwidth scaled according to a first ratio; wherein a width of the in-band frequency offset range is wider than a width of an in-band frequency offset range of the second spectral mask for the second carrier signal scaled according to the first ratio.
A method for wireless communication by a wireless communication device, the method comprising: modulating a millimeter-wave (mmWave) carrier signal according to a baseband signal to generate a modulated mm Wave carrier signal of a first bandwidth (β1); and transmitting a radio frequency (RF) signal associated with the modulated mm Wave carrier signal in accordance with a first spectral mask for the mm Wave carrier signal of the first bandwidth (β1), wherein the first spectral mask defines: an in-band frequency offset range; and multiple transitional frequency offset ranges, including a respective transitional frequency offset range for each of multiple attenuation factors, wherein for each of the multiple attenuation factors, the respective transitional frequency offset range corresponds to a transitional frequency offset range for that attenuation factor associated with a second spectral mask for a nominal carrier signal of a second bandwidth (β2) scaled according to a ratio Sβ between the first bandwidth (β1) and the second bandwidth (β2); wherein a width of the in-band frequency offset range is wider than a width of an in-band frequency offset range of the second spectral mask for the nominal carrier signal scaled according to the ratio Sβ.
Although the claims are not identical, they are not patentably distinct from each other because both claims are directed to a method. However, the instant discloses the subject matter in a broad manner and thus anticipates the same.
Reason for Allowance
6. Regarding claims 1, 17 & 30, as mentioned above, this instant application is a CON of 18/153,325. Refer to the CON Non-Final Rejection mailed on 06/20/24 and Notice of Allowance mailed on 07/31/24.
Conclusion
7. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this Final Action is set to expire THREE MONTHS from the mailing date of this Action. In the event a first reply is filed within TWO MONTHS of the mailing date of this Final Action and the Advisory Action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the Advisory Action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the Advisory Action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this Final Action.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to SHAWKAT M. ALI whose telephone number is (571) 270-1639. The Examiner can normally be reached on Monday-Thursday 8:30AM-3:30PM ET.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, SAM K. AHN can be reached on (571) 272-3044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWKAT M ALI/
Primary Examiner, Art Unit 2633