CTNF 18/938,086 CTNF 68947 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 08-33 AIA 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12166699 or claims 1-13 of Patent number 11804932. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-12 of U.S. Patent No. 12166699 or claims 1-13 of Patent number 11804932 discloses a portable communication device comprising: a plurality of antennas including a first antenna and a second antenna, the first antenna configured to transmit and receive a first signal corresponding to a first frequency band or a second frequency band, the second antenna configured to transmit and receive a second signal corresponding to the first frequency band, the second frequency band or a third frequency band; a radio frequency (RF) receive circuitry configured to receive the first signal from the first antenna and the second signal from the second antenna; a first RF module electrically connected with the first antenna and the second antenna, and configured to support the first frequency band and the second frequency band; a second RF module electrically connected with the second antenna, and configured to support the third frequency band; and a diplexer electrically connected with the second antenna, the first RF module, and the second RF module, wherein the second antenna is electrically connected with the first RF module and the second RF module via the diplexer; wherein the diplexer is configured to: provide at least one portion of a first RF signal received from the second antenna to the first RF module, the first RF signal corresponding to the first frequency band or the second frequency band; and provide at least one portion of a second RF signal received from the second antenna to the second RF module, the second RF signal corresponding to the third frequency band; A mobile communication device comprising: a plurality of antennas including a first antenna and a second antenna, the first antenna configured to transmit and receive a signal corresponding to a first frequency band or a second frequency band, the second antenna configured to transmit and receive a signal corresponding to the first frequency band, the second frequency band or a third frequency band; a radio frequency (RF) receive circuitry for receiving the signal corresponding to the first frequency band or the second frequency band from the first antenna or the second antenna; a first RF module\ electrically connected with the first antenna and the second antenna and configured to support the first frequency band and the second frequency band, the first RF module including a first transmit and receive circuitry, a second transmit and receive circuitry and a switch, the switch configured to: provide a first connection and a second connection simultaneously, the first connection between the first antenna and one of the first transmit and receive circuitry, the second transmit and receive circuitry and the RF receive circuitry, and the second connection between the second antenna and another of the first transmit and receive circuitry, the second transmit and receive circuitry and the RF receive circuitry; a second RF module electrically connected with the second antenna, and configured to support the third frequency band, the second RF module including a third transmit and receive circuitry; Anda diplexer configured to provide a portion of an RF signal received by the second antenna corresponding to the third frequency band to the third transmit and receive circuitry, and a portion of an RF signal received by the second antenna corresponding to the first frequency band and the second frequency band to the first switch; wherein the first frequency range is a sub band of the first frequency band, and the second frequency range is a sub band of the second frequency band; wherein the first frequency range is a first sub band of the first frequency band, and the second frequency range is a second sub band of the first frequency band; wherein the second transmit and receive circuitry includes a third multiplexer and a fourth multiplexer, the third multiplexer configured to process a signal corresponding to a third frequency range, and the fourth multiplexer configured to process a signal corresponding to a fourth frequency range different from the third frequency range; . wherein the first multiplexer and the second multiplexer are connected with the first antenna or the second antenna via the switch, and the third multiplexer and the fourth multiplexer are connected with the first antenna or the second antenna element via the switch; wherein the third transmit and receive circuitry includes a fifth multiplexer and a sixth multiplexer, and wherein the second antenna is connected with at least one of the fifth multiplexer or the sixth multiplexer via the diplexer; wherein the first antenna and the second antenna are arranged in a lower ending portion of the communication device; wherein the first antenna and the second antenna are arranged spaced apart from each other, and arranged along a lower periphery of the electronic mobile communication device; wherein the first RF module is a first 4G RF module, and the second RF modules is a second 4G RF module; further comprising another plurality of antennas including a third antenna and a fourth antenna, and a first 5G RF module and a second 5G module, wherein the first 5G RF module is electrically connected with the third antenna, the second 5G RF module is electrically connected with the fourth antenna, and wherein the third antenna and the fourth antenna together are configured to support MIMO; further comprising: a first power source including a first supply modulator and electrically connected with the first RF module; and a second power source including a second power modulator and electrically connected with the second RF module; and wherein the first power source is further connected with the second RF module. The following is mapping between the claims of the instant application and the claims 1-12 of U.S. Patent No. 12166699 or claims 1-13 of Patent number 11804932: The claims 1-12 of the instant applications discloses: a mobile communication device, comprising: a plurality of antennas including a first antenna, a second antenna, and a third antenna, the first antenna configured to transmit and receive a first signal corresponding to a first frequency band or a second frequency band, the second antenna configured to transmit and receive a second signal corresponding to the first band, the second frequency band or a third frequency band, and the third antenna configured to transmit and receive a third signal corresponding to a fourth frequency band, each of the first, second and third frequency band to be used for a first wireless communication and the fourth frequency band to be used for a second wireless communication ;a first RF module electrically connected with the first antenna and the second antenna, and configured to support the first frequency band and the second frequency band; a second RF module electrically connected with the second antenna, and configured to support the third frequency band; a third RF module electrically connected with the third antenna, and configured to support the fourth frequency band; a diplexer electrically connected with the second antenna, the first RF module and the second RF module such that each of the first RF module and the second RF module is electrically connected with the second antenna via the diplexer ( See claims 1-12 of U.S. Patent No. 12166699 or claims 1-13 of Patent number 11804932 wherein they teach a portable communication device comprising: a plurality of antennas including a first antenna and a second antenna, the first antenna configured to transmit and receive a first signal corresponding to a first frequency band or a second frequency band, the second antenna configured to transmit and receive a second signal corresponding to the first frequency band, the second frequency band or a third frequency band; a radio frequency (RF) receive circuitry configured to receive the first signal from the first antenna and the second signal from the second antenna; a first RF module electrically connected with the first antenna and the second antenna, and configured to support the first frequency band and the second frequency band; a second RF module electrically connected with the second antenna, and configured to support the third frequency band; and a diplexer electrically connected with the second antenna, the first RF module, and the second RF module, wherein the second antenna is electrically connected with the first RF module and the second RF module via the diplexer; wherein the diplexer is configured to: provide at least one portion of a first RF signal received from the second antenna to the first RF module, the first RF signal corresponding to the first frequency band or the second frequency band; and provide at least one portion of a second RF signal received from the second antenna to the second RF module, the second RF signal corresponding to the third frequency band; A mobile communication device comprising: a plurality of antennas including a first antenna and a second antenna, the first antenna configured to transmit and receive a signal corresponding to a first frequency band or a second frequency band, the second antenna configured to transmit and receive a signal corresponding to the first frequency band, the second frequency band or a third frequency band; a radio frequency (RF) receive circuitry for receiving the signal corresponding to the first frequency band or the second frequency band from the first antenna or the second antenna; a first RF module\ electrically connected with the first antenna and the second antenna and configured to support the first frequency band and the second frequency band, the first RF module including a first transmit and receive circuitry, a second transmit and receive circuitry and a switch, the switch configured to: provide a first connection and a second connection simultaneously, the first connection between the first antenna and one of the first transmit and receive circuitry, the second transmit and receive circuitry and the RF receive circuitry, and the second connection between the second antenna and another of the first transmit and receive circuitry, the second transmit and receive circuitry and the RF receive circuitry; a second RF module electrically connected with the second antenna, and configured to support the third frequency band, the second RF module including a third transmit and receive circuitry; and a diplexer configured to provide a portion of an RF signal received by the second antenna corresponding to the third frequency band to the third transmit and receive circuitry, and a portion of an RF signal received by the second antenna corresponding to the first frequency band and the second frequency band to the first switch). A pplicant's claims 1-12 broaden the scope of the claims 1-12 of U.S. Patent No. 12166699 or claims 1-13 of Patent number 11804932 by eliminating “ circuitry” or “ , the first RF module including a first transmit and receive circuitry, a second transmit and receive circuitry and a switch, the switch configured to: provide a first connection and a second connection simultaneously” from the claims 1-12 of U.S. Patent No. 12166699 or claims 1-13 of Patent number 11804932 . It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 168 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not need would be obvious to one skilled in the art. This is a non-provisional statutory double patenting rejection because the patentably indistinct claims have in fact been patented. 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (2018/036168) is cited to show a system which is considered pertinent to the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANG T TON whose telephone number is (571)272-3171. The examiner can normally be reached Monday to Friday 5:30 AM to 3:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 571-272-3795. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANG T TON/Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476 Application/Control Number: 18/938,086 Page 2 Art Unit: 2476 Application/Control Number: 18/938,086 Page 3 Art Unit: 2476 Application/Control Number: 18/938,086 Page 4 Art Unit: 2476 Application/Control Number: 18/938,086 Page 5 Art Unit: 2476 Application/Control Number: 18/938,086 Page 6 Art Unit: 2476 Application/Control Number: 18/938,086 Page 7 Art Unit: 2476 Application/Control Number: 18/938,086 Page 8 Art Unit: 2476 Application/Control Number: 18/938,086 Page 9 Art Unit: 2476 Application/Control Number: 18/938,086 Page 10 Art Unit: 2476
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