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 1-2, 4-7, 9-12 and 14-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12,143,173. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-5 of U.S. Patent No. 12,143,173 recite similar claimed subject matters as specified in claims 1-2, 4-7, 9-12 and 14-15 of the instant application except the transmission of identification information at the first frequency after a power reception, wherein the first frequency is lower than a second frequency. Since a passive communication device such as tag or transponder (i.e. power reception apparatus) requires power reception in order to function/operate as well as communication device utilizing multiple frequencies for communications with one frequency higher than the other are known in the art; therefore, it would have been obvious to one skilled in the art to have included such features, for the advantage of providing a greater degree of freedom in device’s configurations to accommodate the desired goals.
Allowable Subject Matter
Claims 1-2, 4-7, 9-12 and 14-15 would be allowable if rewritten or amended to overcome the nonstatutory double patenting rejection, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art to the claimed subject matters is Park (2016/0134334). Park discloses a wireless power transmission method, a wireless power transmission apparatus, and a wireless charging system in a wireless power transmission field, and there is provided a communication method of a wireless power transmitter capable of the transmission of power in a wireless manner, and the communication method may include receiving communication information indicating whether or not a second communication mode is available using a first communication mode from a wireless power receiver, determining whether or not communication in a second communication mode is available using the communication information, notifying either one of the first communication mode and second communication mode to the wireless power receiver based on the determination result, and performing communication with the wireless power receiver using a communication mode notified to the wireless power receiver (See figs. 2a, 2b, 20-23 and par [0276-0286]). However, none of cited prior arts of record, alone or in combination, discloses a method and a power reception apparatus comprising: a power reception unit configured to wirelessly receive power from a power transmission apparatus; and a first communication unit configured to communicate with the power transmission apparatus at a first frequency, a second communication unit configured to communicate with the power transmission apparatus at a second frequency higher than the first frequency, wherein the first communication unit transmits to the power transmission apparatus, identification information of the power reception apparatus at the first frequency after starting a power reception at the first frequency from the power transmission apparatus, the first communication unit transmits, to the power transmission apparatus, a requests the power transmission apparatus to stop power transfer at the first frequency after transmitting the identification information of the power reception apparatus, the power reception unit receives power at a the second frequency from the power transmission apparatus, and the second communication unit communicates with the power transmission apparatus at the second frequency after the communication unit transmitting the requests the power transmission apparatus to stop the power transfer via the first communication unit and after starting a power reception at the second frequency from the power transmission apparatus, as specified in claims 1, 6 and 11.
Claims 3, 8 and 13 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See PTO-892 for a listing of cited prior arts of record.
Conclusion
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/TUAN A TRAN/Primary Examiner, Art Unit 2648
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