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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/6/2025 was filed. 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
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, 8, 9, 10, 12 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5, 8, 9, 11 and 13 of U.S. Patent No. 12, 176, 882. Although the claims at issue are not identical, they are not patentably distinct from each other because:
18/951451
12/176882
2. A multiplexer with acoustic wave resonators, the multiplexer comprising:
a first filter including a first plurality of bulk acoustic wave resonators and a shunt surface acoustic wave resonator; and
a transmit filter coupled to the first filter, the transmit filter including a second plurality of bulk acoustic wave resonators, the transmit filter being a band pass filter having a transmit passband, and the shunt surface acoustic wave resonator having a resonant frequency that is within the transmit passband.
1. A multiplexer with acoustic wave resonators, the multiplexer comprising:
a first filter configured to filter a radio frequency signal, the first filter having a first passband, and the first filter including a plurality of bulk acoustic wave resonators and a shunt surface acoustic wave resonator; and
a second filter coupled to the first filter at a common node, the second filter having a second passband that is below the first passband, and the shunt surface acoustic wave resonator having a resonant frequency that is in the second passband.
3. The multiplexer of claim 2 wherein the second filter is a transmit filter.
8. The multiplexer of claim 2 wherein the shunt surface acoustic wave resonator is a temperature compensated surface acoustic wave resonator.
8. The multiplexer of claim 1 wherein the shunt surface acoustic wave resonator is a temperature compensated surface acoustic wave resonator.
9. The multiplexer of claim 2 wherein the shunt surface acoustic wave resonator is a multilayer piezoelectric substrate surface acoustic wave resonator.
9. The multiplexer of claim 1 wherein the shunt surface acoustic wave resonator is a multilayer piezoelectric substrate surface acoustic wave resonator.
10. The multiplexer of claim 2 wherein the first filter includes a series surface acoustic wave resonator.
11. The multiplexer of claim 1 wherein the first filter includes a series surface acoustic wave resonator and all of the plurality of bulk acoustic wave resonators are coupled to the common node by way of the series surface acoustic wave resonator.
12. The multiplexer of claim 2 wherein the shunt surface acoustic wave resonator is an only surface acoustic wave resonator of the first filter.
5. The multiplexer of claim 1 wherein the shunt surface acoustic wave resonator is an only surface acoustic wave resonator of the first filter.
13. The multiplexer of claim 2 further comprising a third filter coupled to the first filter and the transmit filter at a common node.
13. The multiplexer of claim 1 further comprising a third filter coupled to the common node.
Allowable Subject Matter
Claims 14-21 are allowed.
Claims 3-7 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Taguchi US patent 11,545,961 titled “Multiplexer and communication apparatus”.
Nishihara US Patent Application Publication 2013/0127565 titled “Duplexer” .
Nakagawa US Patent 11,764,880 titled “ Acoustic wave device , multiplexer , high frequency front end circuit and communication device”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY E GLENN whose telephone number is (571)272-1761. The examiner can normally be reached M-F 8:00 AM-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrea Lindgren Baltzell can be reached at 571-272-5918. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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April 14, 2026
/K.E.G/Examiner, Art Unit 2843
/ANDREA LINDGREN BALTZELL/Supervisory Patent Examiner, Art Unit 2843
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