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 .
1. Claim 1 is pending.
Information Disclosure Statement
2. The Information Disclosure Statement dated 01/06/2025 is acknowledged 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.
3. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,1769,32 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the broader scope of claim 1 of the instant application is disclosed within the narrower scope in claim of U.S. Patent No. 12,1769,32 B2.
Instant application 18/983,118
US 12,1769,32 B2 (app. no. 18/496,803)
1. A multiplexer for processing of radio-frequency (RF) signals, the multiplexer comprising: a common path configured to receive a plurality of RF signals; a first path having an output coupled to the common path and configured to provide a band-pass response for a frequency band BX; and a second path having an output coupled to the common path such that RF signals in the first and second paths are combined and routed through the common path, the second path configured to provide a band-stop response for the frequency band BX such that the common path includes a wideband response that includes the frequency band BX and one or more other frequency bands.
1. A method for multiplexing radio-frequency signals, the method comprising: providing a common path of a multiplexer to receive a plurality of radio-frequency signals; processing a first radio-frequency signal through a first path of the multiplexer such that the processed first radio-frequency signal is routed to the common path, the first path configured to provide a band-pass response for a first frequency band; and processing a second radio-frequency signal through a second path of the multiplexer such that the processed second radio-frequency signal is routed to the common path, the second path configured to provide a band-stop response for the first frequency band such that the common path includes a wideband response that includes the first frequency band and one or more other frequency bands, the second path including a resonant circuit configured to provide the band-stop response.
4. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,804,861 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the broader scope of claim 1 of the instant application is disclosed within the narrower scope in claim of U.S. Patent No. 11,804,861 B2.
Instant application 18/983,118
US 11,804,861 B2 (app. no. 17/833,513)
1. A multiplexer for processing of radio-frequency (RF) signals, the multiplexer comprising: a common path configured to receive a plurality of RF signals; a first path having an output coupled to the common path and configured to provide a band-pass response for a frequency band BX; and a second path having an output coupled to the common path such that RF signals in the first and second paths are combined and routed through the common path, the second path configured to provide a band-stop response for the frequency band BX such that the common path includes a wideband response that includes the frequency band BX and one or more other frequency bands.
1. A multiplexer for processing of radio-frequency signals, the multiplexer comprising: a common path configured to receive a plurality of radio-frequency signals; a first path having an output coupled to the common path and configured to provide a band-pass response for a first frequency band; and a second path having an output coupled to the common path such that radio-frequency signals in the first and second paths are combined and routed through the common path, the second path configured to provide a band-stop response for the first frequency band such that the common path includes a wideband response that includes the first frequency band and one or more other frequency bands, the second path including a resonant circuit configured to provide the band-stop response.
5. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,356,128 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the broader scope of claim 1 of the instant application is disclosed within the narrower scope in claim of U.S. Patent No. 11,356,128 B2.
Instant application 18/983,118
US 11,356,128 B2 (app. no. 16/921459)
1. A multiplexer for processing of radio-frequency (RF) signals, the multiplexer comprising: a common path configured to receive a plurality of RF signals; a first path having an output coupled to the common path and configured to provide a band-pass response for a frequency band BX; and a second path having an output coupled to the common path such that RF signals in the first and second paths are combined and routed through the common path, the second path configured to provide a band-stop response for the frequency band BX such that the common path includes a wideband response that includes the frequency band BX and one or more other frequency bands.
1. A method for multiplexing radio-frequency signals, the method comprising: providing a common path of a multiplexer to receive a plurality of radio-frequency signals; processing a first radio-frequency signal through a first path of the multiplexer such that the processed first radio-frequency signal is routed to the common path, the first path configured to provide a band-pass response for a first frequency band BX; and processing a second radio-frequency signal through a second path of the multiplexer such that the processed second radio-frequency signal is routed to the common path, the second path configured to provide a band-stop response for the first frequency band BX such that the common path includes a wideband response that includes the first frequency band BX and one or more other frequency bands, the second path including a resonant circuit configured to provide the band-stop response for the first frequency band BX, the resonant circuit including an LC resonant circuit or a SAW (surface acoustic wave) resonant circuit.
6. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,707,905 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the broader scope of claim 1 of the instant application is disclosed within the narrower scope in claim of U.S. Patent No. 10,707,905 B2.
Instant application 18/983,118
US 10,707,905 B2 (app. no. 15/190463)
1. A multiplexer for processing of radio-frequency (RF) signals, the multiplexer comprising: a common path configured to receive a plurality of RF signals; a first path having an output coupled to the common path and configured to provide a band-pass response for a frequency band BX; and a second path having an output coupled to the common path such that RF signals in the first and second paths are combined and routed through the common path, the second path configured to provide a band-stop response for the frequency band BX such that the common path includes a wideband response that includes the frequency band BX and one or more other frequency bands.
1. A multiplexer for processing of radio-frequency (RF) signals, the multiplexer comprising: a common path configured to receive a plurality of radio-frequency signals; a first path having an output coupled to the common path and configured to provide a band-pass response for a first frequency band BX; and a second path having an output coupled to the common path such that radio-frequency signals in the first and second paths are combined and routed through the common path, the second path configured to provide a band-stop response for the first frequency band BX such that the common path includes a wideband response that includes the first frequency band BX and one or more other frequency bands, the second path including a resonant circuit configured to provide the band-stop response, the resonant circuit including an LC resonant circuit or a SAW (surface acoustic wave) resonant circuit.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
7. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Nimmo-Smith et al, US 2004/0137947 (as cited in the IDS dated 01/06/2025) hereafter Nimmo-Smith in view of Sundstrom et al, US 2014/0030997 (as cited in the IDS dated 01/06/2025) hereafter Sundstrom.
As for claim 1, Nimmo-Smith discloses:
A multiplexer for processing of radio-frequency (RF) signals, the multiplexer comprising:
a common path configured to receive a plurality of RF signals (Nimmo-Smith, Fig. 12, 132, 132X, 132Y, [0057], The 3dB Combiner 132 to receive a plurality of signals);
a first path having an output coupled to the common path (Nimmo-Smith, Fig. 12, 122ABE, 128X, [0056]-[0059], [0061], The multiplexer 122ABE with output 128X coupled to the 3dB Combiner 132 with output 132Z) and
configured to provide a band-pass response (Nimmo-Smith, Fig. 12, 126, [0056], The multiplexer 122ABE to provide a bandpass filter); and
a second path having an output coupled to the common path (Nimmo-Smith, Fig. 12, 122CD, 128Y, [0056]-[0059], [0061], The multiplexers 122CD with output 128Y coupled to the 3dB Combiner 132 with output 132Z) such that RF signals in the first and second paths are combined and routed through the common path (Nimmo-Smith, Fig. 12, 132, 132X, 132Y, [0057], [0060], The 3dB Combiner 132 to receive signals from the input ports 128C, 128Y are combined at the combiner 132 and routed through the common path 132Z),
the second path configured to provide a band-stop (Nimmo-Smith, [0054], Providing a stop-band response) such that the common path includes a wideband response that includes the frequency band BX and one or more other frequency bands (Nimmo-Smith, [0060], The combiner is a two-input 3 dB passive wideband component and it provides good signal isolation of at least 20 dB between its two input ports 132X and 132Y irrespective of the frequency separation of signals at these ports).
Nimmo-Smith does not explicitly disclose configured to provide a band-pass response for a frequency band BX and… the second path configured to provide a band-stop response for the frequency band BX.
However, Sundstrom discloses configured to provide a band-pass response for a frequency band BX (Sundstrom, [0044], Provide a pass-band response for the specific frequency) and the second path configured to provide a band-stop response for the frequency band BX (Sundstrom, [0044], Provide a stop-band response for the specific frequency).
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Nimmo-Smith with configured to provide a band-pass response for a frequency band BX and the second path configured to provide a band-stop response for the frequency band BX as taught by Sundstrom to provide improved reception of signals (Sundstrom, [0006]).
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 9,431,965 discloses configuring a controlled-impedance resonant filter at a second-band reception amplifier for a second, different radio-frequency band, wherein the controlled-impedance resonant filter provides a selected impedance at a selected harmonic of a reference frequency of the first radio-frequency band; configuring a resonant bandstop filter at the second-band reception amplifier, wherein a stop band of the resonant bandstop filter includes a reference frequency of the second radio-frequency band; and transmitting the second signal using a second-band transmission amplifier for the second radio-frequency band.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENEE HOLLAND whose telephone number is (571)270-7196. The examiner can normally be reached 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IAN MOORE can be reached at (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JENEE HOLLAND
Examiner
Art Unit 2469
/JENEE HOLLAND/Primary Examiner, Art Unit 2469
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