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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12155112. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of ‘112 contains all the limitations of claim 1 of the instant application.
Claim Rejections - 35 USC § 103
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, 2, 8, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0395661 (“Bai” or “B”).
1: B teaches an antenna system (that of fig 1) comprising: a first antenna (1) connected to a printed circuit board (1 is shown connected to 8); a second antenna (2) connected to the printed circuit board (2 is also connected to 8); and a decoupling structure (3) connected to the printed circuit board at a location between the first antenna and the second antenna (as shown), wherein the printed circuit board is coplanar with each of the first antenna, the second antenna, and the decoupling structure (as shown, and as described in 0037).
2: B teaches that the decoupling structure comprises a center post and two arms coplanar with the printed circuit board (3 has a T-shape, as shown).
8: B teaches that at least one of the first antenna or the second antenna comprises an inverted-F antenna (0037).
14: B teaches an electronic device (that of fig 1) comprising a printed circuit board (8), a network interface for wireless communication, a first antenna (1 of fig 1) connected to a printed circuit board (1 is connected to 8, as shown); a second antenna (2) connected to the printed circuit board (as shown); and a decoupling structure (3) connected to the printed circuit board at a location between the first antenna and the second antenna (as shown), wherein the printed circuit board is coplanar with each of the first antenna, the second antenna, and the decoupling structure (as shown and as discussed in 0037).
Nevertheless, B fails to teach a housing; the printed circuit board housed by the housing; the network interface for wireless communication housed by the housing; a speaker housed by the housing; and one or more touch sensors housed by the housing.
However, each of these items was old and well-known and it was old and well-known to house each in a housing.
Thus, it would have been obvious to provide a housing; the printed circuit board housed by the housing; the network interface for wireless communication housed by the housing; a speaker housed by the housing; and one or more touch sensors housed by the housing.
The motivation would have been to protect B’s device by encasing in the housing, to include a speaker for audio feedback (for example, to produce a tone when operational), and to provide a touch sensor for controlling (touch sensors are one of many different kinds of control interfaces that may by simply substituted to allow for control, with predictable results).
15: B teaches that the decoupling structure comprises a center post and two arms coplanar with the printed circuit board (as shown, 3 is T-shaped).
Allowable Subject Matter
Claims 3-7, 9-13, and 16-20 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRAHAM P SMITH whose telephone number is (571)270-1568. The examiner can normally be reached M-F 10am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dameon Levi can be reached at 571-272-2105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRAHAM P SMITH/Primary Examiner, Art Unit 2845