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 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 1-4, 9-10 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 5-6 of U.S. Patent No. 12200855. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following.
Instant Application
U.S. Patent No. 12200855
Claim 1 recites;
A radio frequency (RF) communication assembly, comprising:
a package substrate including a passive circuit element and a conductive interconnect, wherein the passive circuit element is embedded in the package substrate;
a further component coupled to the package substrate;
an insulator material over the further component; and
a metal layer over the insulator material, wherein the metal layer is conductively coupled to the conductive interconnect.
Claim 1 recites;
A radio frequency (RF) communication assembly, comprising:
a package substrate comprising a first layer comprising first conductive interconnects and a circuit component, wherein the circuit component is one of a capacitor, an inductor, or a balun (i.e. passive component);
a processing device (i.e. further component) coupled to the package substrate;
an epoxy (i.e. insulator) material over the processing device; and
a second layer (i.e. metal layer) comprising second conductive interconnects over the epoxy material, wherein one or more of the second conductive interconnects are conductively coupled to one or more of the first conductive interconnects.
Claim 2 recites;
wherein the package substrate does not include a ground plane.
Claim 2 recites;
wherein the package substrate does not include a ground plane.
Claim 3 recites;
further comprising a circuit board coupled to the RF package substrate, wherein the metal layer is conductively coupled to a ground of the circuit board.
Claim 6 incorporates all the limitations of claim 5.
Claim 5 recites;
further comprising a circuit board coupled to the package substrate.
Claim 6 recites;
wherein the second layer is conductively coupled to a ground of the circuit board.
Claim 4 recites;
wherein the metal layer is over a top face of the insulator material and along side faces of the insulator material.
Claim 3 recites;
wherein the second layer (i.e. metal layer) is conformal (i.e. over a top face and along side faces) to the epoxy (i.e. insulator) material.
Claim 9 recites;
wherein the further component includes a discrete component.
Claim 9 recites;
further comprising a harmonic filter or a matching filter (i.e. discrete component).
Claim 10 recites;
A radio frequency (RF) communication assembly, comprising:
a package substrate comprising a circuit element embedded therein;
a further component coupled to the package substrate;
an insulator material over the further component; and
a metal layer over a top face of the insulator material and along side faces of the insulator material.
Claim 3 incorporates all the limitations of claim 1.
Claim 1 recites;
A radio frequency (RF) communication assembly, comprising:
a package substrate comprising a first layer comprising first conductive interconnects and a circuit component (i.e. circuit element), wherein the circuit component is one of a capacitor, an inductor, or a balun (i.e. passive component);
a processing device (i.e. further component) coupled to the package substrate;
an epoxy (i.e. insulator) material over the processing device; and
a second layer (i.e. metal layer) comprising second conductive interconnects over the epoxy material, wherein one or more of the second conductive interconnects are conductively coupled to one or more of the first conductive interconnects.
Claim 3 recites;
wherein the second layer (i.e. metal layer) is conformal (i.e. over a top face and along side faces) to the epoxy (i.e. insulator) material.
Claim 12 recites;
wherein the circuit element includes a capacitor or an inductor.
Claim 1 recites;
wherein the circuit component (i.e. circuit element) is one of a capacitor, an inductor,
Claims 14-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14-17 of U.S. Patent No. 11729902. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following.
Instant Application
U.S. Patent No. 11729902
Claim 14 recites;
A radio frequency (RF) communication assembly, comprising:
a substrate, wherein the substrate is a flexible substrate or the substrate includes glass;
a circuit element embedded in the substrate; and
one or more discrete components coupled to a surface of the substrate.
Claim 14 recites;
A radio frequency (RF) communication assembly, comprising:
a flexible RF package substrate;
a passive circuit element (i.e. circuit element) embedded in the flexible RF package substrate; and
one or more discrete components coupled to a surface of the flexible RF package substrate.
Claim 15 recites;
wherein the one or more discrete components includes a power amplifier, a harmonic filter, a matching filter, or an antenna.
Claim 15 recites;
wherein the one or more discrete components includes a power amplifier, a harmonic filter, a matching filter, or an antenna.
Claim 16 recites;
wherein the one or more discrete components includes an antenna, and the antenna is proximate to an end of the substrate.
Claim 16 recites;
wherein the one or more discrete components includes an antenna, and the antenna is proximate to an end of the flexible RF package substrate.
Claim 17 recites;
wherein the circuit element includes a capacitor, an inductor, or a balun.
Claim 17 recites;
wherein the passive circuit element includes a capacitor, an inductor, or a balun.
Allowable Subject Matter
Claims 5-8, 11, 13 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if at least one the limitations indicated below were included in the base claim.
Rejected claim 1-4, 9-10 and 12 of the instant application has the same scope as claim 1-3 and 5-6 of U.S. Patent No. 12200855; which was found to be novel since its limitation has not been found, taught, suggested or render obvious by the prior art of the record with a reasonable expectation of success, which it makes this claim allowable over the prior art, thus the patent was granted.
Regarding claims 5-8, 11 and 13, the claims are objected to as being dependent upon a rejected base on the ground of nonstatutory double patenting, but would be allowable if the nonstatutory double patenting rejection of claim 1 is overcome.
Rejected claim 14-17 of the instant application has the same scope as claim 14-17 of U.S. Patent No. 11729902; which was found to be novel since its limitation has not been found, taught, suggested or render obvious by the prior art of the record with a reasonable expectation of success, which it makes this claim allowable over the prior art, thus the patent was granted.
Regarding claims 18-20, the claims are objected to as being dependent upon a rejected base on the ground of nonstatutory double patenting, but would be allowable if the nonstatutory double patenting rejection of claim 14 is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE M. DIAZ whose telephone number is (571)272-9822. The examiner can normally be reached Monday-Friday 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James R Greece can be reached at (571) 272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSE M DIAZ/ Examiner, Art Unit 2875
/JAMES R GREECE/Supervisory Patent Examiner, Art Unit 2875
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