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 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-26 and 28 of U.S. Patent No. 10,700,650. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-26 and 28 of U.S. Patent No. 10,700,650 recited similar claimed subject matters with various wording.
This is a provisional non-statutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 2-21 would be allowable if rewritten or amended to overcome the non-statutory double patenting rejection as set forth in this Office Action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 2 and 16, Watts et al. (US Pat No. 10,432,152) a radio frequency receiver front-end circuit (see fig. 1, 100) comprising an input (see fig. 1, 102) and an outputs (see fig. 1, 104); a low noise amplifier (LNA) block (see fig. 1, 100); an input matching network (see fig. 1, 110) connected to the input; a plurality of cascode amplifiers (see fig. 1, 120) sharing a split-point; an output matching network (see fig. 1, 130) comprising a plurality of output matching elements (see fig. 1, 131 & 135), wherein each output matching element connected with a corresponding cascode amplifier but Watts fails to teach, disclose or render obvious the applicant's invention as claimed, particularly the feature describing a switching network connected to the input matching network, the LNA block, and the output matching network; and wherein each output matching element is connected with a corresponding output of the plurality of outputs; and in a first mode of operation, a single cascode amplifier and its corresponding output matching element are enabled while remaining cascode amplifiers and output matching elements are disabled; and wherein in a second mode of operation, two or more cascode amplifiers and their corresponding output matching elements are simultaneously enabled. Dependent claims 3-15 and 17-21, respectively, are in condition for allowance for the same reasoning.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Pablo Tran whose telephone number is (571)272-7898. The examiner normal hours are 9:30 -5:00 (Monday-Friday). If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jinsong Hu, can be reached at (571)272-3965. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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July 8, 2026
/PABLO N TRAN/Primary Examiner, Art Unit 2643
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