DETAILED ACTION
This action is responsive to the communications filed on 10/18/2024.
Currently, claims 1-20 are pending.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDSs) filed 1/14/2025 fail to comply with the provisions of 37 CFR 1.97(a) due to lack of payment of the appropriate size fee, as set forth in 37 CFR 1.17(v). With regards to the two IDSs, the Examiner notes that the cumulative number of applicant-provided (or patent owner-provided) items of information exceed 200 (i.e. 142+67). It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
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 1-20 are rejected under 35 U.S.C. 101 as claiming the same invention as that of respective claims 1-20 of prior U.S. Patent No. 11,799,704 (hereinafter: Patent ‘704). This is a statutory double patenting rejection.
Where instant claims 1-20 are ‘word for word’ identical as respective claims 1-20 of Patent ‘704. Where instant claims 1-20 and claims 1-20 of Patent ‘703 cover the same subject matter (i.e. not narrower or broader) in the context of infringement (see MPEP 804 and 804.II.A).
For example, instant claim 1 and claim 1 of Patent ‘703 are reproduced below:
Instant Claim 1 (below):
1. A communication system, comprising:
a transmitter, comprising:
an encoder configured to receive a plurality of information bits and output a plurality of encoded bits in accordance with a cycling register code (CRC);
a modulator configured to modulate the plurality of encoded bits to obtain a discrete-time baseband signal,
where the plurality of encoded bits are
encoded in the zeros of the z-transform of
the discrete-time baseband signal; and
a signal generator configured to generate a continuous-time transmitted signal based
upon the discrete-time baseband signal;
a receiver, comprising:
a demodulator configured to downconvert and sample a received
continuous-time signal at a given sampling rate to obtain a received discrete-time baseband signal, where the received discrete-time baseband signal includes at least one of a timing offset (TO) and a carrier frequency offset (CFO);
a decoder configured to decode a plurality of bits of information from the received discrete-time baseband signal by:
estimating a TO for the received discrete-time baseband signal to identify a received symbol;
determining a plurality of zeros of a z-transform of the received symbol;
identifying zeros from the plurality of zeros that encode a plurality of received bits; and
decoding a plurality of information bits based upon the plurality of received bits using the CRC.
Claim 1 of Patent ‘703 (below):
1. A communication system, comprising:
a transmitter, comprising:
an encoder configured to receive a plurality of information bits and output a plurality of encoded hits in accordance with a cycling register code (CRC);
a modulator configured to modulate
the plurality of encoded bits to obtain a discrete-time baseband signal,
where the plurality of encoded bits are
encoded in the zeros of the z-transform of
the discrete-time baseband signal; and
a signal generator configured to generate a continuous-time transmitted signal based
upon the discrete-time baseband signal;
a receiver, comprising:
a demodulator configured to downconvert and sample a received
continuous-time signal at a given sampling
rate to obtain a received discrete-time
baseband signal, where the received discrete-time baseband signal includes at least one of
a timing offset (TO) and a carrier frequency offset (CFO);
a decoder configured to decode a plurality of bits of information from the received discrete-time baseband signal by:
estimating a TO for the received discrete-time baseband signal to identify a received symbol;
determining a plurality of zeros of a
z-transform of the received symbol;
identifying zeros from the plurality of zeros that encode a plurality of received bits; and
decoding a plurality of information bits based upon the plurality of received hits using the CRC.
Similar analysis/comparison of the identical claim scope between instant claims 2-20 with respective claims 2-20 of Patented ‘703 are substantially similar with the comparison of instant claim 1 and claim 1 of Patent ‘703 as addressed supra. In other words, the scope required by each of the instant claims 1-20 is not ‘narrower or broader’ than the scope of respective claims 1-20 of Patent ‘703. Therefore, instant claims 1-20 are each directed to the same invention as respective claims 1-20 of Patent ‘703.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M. Perez, telephone number (571)270-3231. The examiner can normally be reached Monday through Friday: 10am to 6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David C. Payne can be reached on (571)272-3024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M PEREZ/Primary Examiner, Art Unit 2635 12/9/2025