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 .
This action is in response to the application filed on 17 October 2024.
Claims 1, 4, 8, 9, 13, 14, 23, 25, 37, 40, 44, 45, 50, 52, 59-61, 73 and 74 are under examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05 January 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1, 4, 8, 9, 13, 14, 23, 25, 37, 40, 44, 45, 50, 52, 59-61, 73 and 74 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-28 of prior U.S. Patent No. 12,149,336. This is a statutory double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chou et al. (US Publication 2022/0229154), discloses inputting a set of digital control codes to RF devices in order to produce field signals corresponding to an operation order r to the G sub-arrays' radiations; (b) measuring the observation field signals of the G sub-arrays corresponding to the operation order r in a fixed position to produce a DFT relationship with respect to the RF devices' operations; and (c) repeating operations (a) to (b) corresponding to the operation order r from 1 to G for generating error-calibrating signals corresponding to the signals of the G sub-arrays.
The analogous prior art reference, Ashe et al. (US Patent 5,809,063), discloses Continuous time binary antipodal waveform signals are generated and used to transmit the reference and calibration signals. Relevant amplitude and phase information needed for the calibration can be extracted while compensating for non-synchronized oscillators and the effects of Doppler shifts due to relative motion of the transmitting and receiving platforms. The detection architecture is effective for satellite-based phased array systems, including geostationary, medium and low earth orbit communication satellites, and space-based synthetic aperture radar reconnaissance satellites.
Any inquiry concerning this communication from the examiner should be directed to ABDULLAHI AHMED whose telephone number is (571) 270-3652. The examiner can normally be reached on M-F 8:00AM-4:30PM.
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/ABDULLAHI AHMED/Examiner, Art Unit 2475
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