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.
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Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,212,031 B2.
Instant App. 19/002,495
U.S. Patent No. 12,212,031
Claim 1. A cavity filter, comprising:
a housing having an accommodating cavity;
a first sheet-shaped resonant rod disposed in the accommodating cavity and connected to the housing;
a second sheet-shaped resonant rod disposed in the accommodating cavity and connected to the housing; and
a third sheet-shaped resonant rod disposed in the accommodating cavity, connected to the housing, and apart from the first sheet-shaped resonant rod and the second sheet-shaped resonant rod in a second direction;
wherein a projection of the first sheet-shaped resonant rod in the second direction does not overlap a projection of the second sheet-shaped resonant rod in the second direction, and a first extension section of the first sheet-shaped resonant rod and a second extension section of the second sheet-shaped resonant rod are close to each other, so as to form capacitive coupling.
Claim 1. A cavity filter, comprising:
a housing having an accommodating cavity;
a first sheet-shaped resonant rod disposed in the accommodating cavity and comprising a first upright section and a first extension section extending from one side of the first upright section, wherein one end of the first upright section away from the first extension section is connected to the housing;
a second sheet-shaped resonant rod disposed in the accommodating cavity and comprising a second upright section and a second extension section extending from one side of the second upright section, wherein one end of the second upright section away from the second extension section is connected to the housing, and the first extension section and the second extension section extend toward each other; and
a third sheet-shaped resonant rod disposed in the accommodating cavity and connected to the housing;
wherein capacitive coupling is formed between the first sheet-shaped resonant rod and the second sheet-shaped resonant rod, and capacitive coupling or inductive coupling is formed between the second sheet-shaped resonant rod and the third sheet-shaped resonant rod and between the first sheet-shaped resonant rod and the third sheet-shaped resonant rod.
Claim 2. wherein the first sheet-shaped resonant rod and the second sheet-shaped resonant rod are spaced apart from each other in a first direction, the third sheet-shaped resonant rod is disposed between the first sheet-shaped resonant rod and the second sheet-shaped resonant rod in the first direction, and the third sheet-shaped resonant rod is spaced apart from the first sheet-shaped resonant rod and the second sheet-shaped resonant rod in a second direction perpendicular to the first direction.
Although the claims at issue are not identical, they are not patentably distinct from each other because disposing the first sheet-shaped resonant rod and the second sheet-shaped resonant rod apart from each other in a first direction that is perpendicular to the second direction would result in non-overlapping projections of the first sheet-shaped resonant rod and the second sheet-shaped resonant rod in the second direction.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation "the second upright section" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted “the second upright section” to read “a second upright section of the second sheet-shaped resonant rod”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5-6, 9-10, 13, & 16-19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Lyu et al. (11,929,537 B2), hereinafter Lyu.
Regarding claim 1, Lyu discloses, in figure 1 & 4, a cavity filter, comprising:
a housing having an accommodating cavity (cavity 116);
a first sheet-shaped resonant rod disposed in the accommodating cavity and connected to the housing (first sheet-shaped resonant rod 120 farthest from wall 118 connected to bottom plate portion 117 of the housing);
a second sheet-shaped resonant rod disposed in the accommodating cavity and connected to the housing (second sheet-shaped resonant rod of 120 second farthest from wall 118 connected to bottom plate portion 117 of the housing); and
a third sheet-shaped resonant rod disposed in the accommodating cavity (third sheet-shaped resonant rod of 130 farthest from wall 118 in cavity 116), connected to the housing (connected to bottom plate portion 117), and apart from the first sheet-shaped resonant rod and the second sheet-shaped resonant rod in a second direction (third sheet-shaped resonant rod of 130 farthest from wall 118 is spaced apart from the first and second sheet-shaped resonant rods in the Y-direction);
wherein a projection of the first sheet-shaped resonant rod in the second direction does not overlap a projection of the second sheet-shaped resonant rod in the second direction (projection of the first and second sheet-shaped resonant do not overlap in the Y-direction), and a first extension section of the first sheet-shaped resonant rod and a second extension section of the second sheet-shaped resonant rod are close to each other (first extension 54 of the first sheet-shaped resonant rod of 120 and a second extension section 54 or 58 of the second sheet-shaped resonant rod of 120 are disposed close to each other), so as to form capacitive coupling (Col. 4, Lines 59-61, “the input resonator 120 and the output resonator 130 are sheets with a metal surface or metal sheets, so that the resonator filter 100 can realize capacitive coupling”…capacitive coupling is formed between the metal sheet-shaped resonant rods based on the distance between them).
Regarding claim 5, Lyu discloses the cavity filter according to claim 1, and continues to disclose, in figure 1, 2, & 4, wherein the first sheet-shaped resonant rod comprises a first upright section (first upright section 52) and the first extension section extending from one side of the first upright section (first extension section 54 extends from the top side of 52), and one end of the first upright section away from the first extension section is connected to the housing (other end of section 52 connects to the bottom surface 117 of the housing).
Regarding claim 6, Lyu discloses the cavity filter according to claim 5, and continues to disclose, in figure 1, 2, & 4, wherein the first sheet-shaped resonator rod further comprises a first branch section extending from one end of the first extension section close to the second extension section (first branch section 56 extending from one end of first extension section 54 close to the second extension section 54 of the second sheet-shaped resonant rod), the second sheet-shaped resonant rod further comprises a third branch section extending from one end of the second extension section close to the first extension section (second sheet-shaped resonant rod comprises a third branch section 56 extending from one end of the second extension section 54 and close to the first extension section 54 of the first sheet-shaped resonant rod), and the first branch section is parallel to the third branch section (the branch sections 56 are parallel to each other, see figure 4).
Regarding claim 9, as best understood based on the 35 U.S.C. 112(b) rejection made above, Lyu discloses the cavity filter according to claim 6, and continues to disclose, in figure 1, 2, & 4, wherein the first branch section extends in a direction away from the first upright section (first branch section 56 of the first sheet-shaped resonant rod extends in a direction away from first upright section 52 of the first sheet-shaped resonant rod), and the third branch section extends in a direction away from a second upright section of the second sheet-shaped resonant rod (third branch section 56 of the second sheet-shaped resonant rod extends away from a second upright section 52 of the second sheet-shaped resonant rod).
Regarding claim 10, Lyu discloses the cavity filter according to claim 1, and continues to disclose, in figure 1, 2, & 4, wherein the second sheet-shaped resonant rod comprises a second upright section and the second extension section extending from one side of the second upright section (second extension section 54 of the second sheet-shaped resonant rod extends from one side of the second upright section 52), and one end of the second upright section away from the second extension section is connected to the housing (opposite end of the second upright section 52 of the second sheet-shaped resonant rod connected to the housing bottom section 117).
Regarding claim 13, Lyu discloses the cavity filter according to claim 1, and continues to disclose, in figure 1, 2, & 4, a connecting rib (70), wherein the connecting rib connects the first sheet-shaped resonant rod and the second sheet-shaped resonant rod in a first direction perpendicular to the second direction (rib 70 connects the first sheet-shaped resonant rod and the second sheet-shaped resonant rod in a X-direction perpendicular to the second Y-direction), wherein the connecting rib is parallel to the first extension section and the second extension section (connecting rib 70 is parallel to first and second extension sections 54 of respective first and second sheet-shaped resonant rods), and the connecting rib is spaced apart from the first extension section and the second extension section in a third direction perpendicular to the first direction and the second direction (connecting rib 70 is spaced apart from first and second extension sections 54 of respective first and second sheet-shaped resonant rods in a Z-direction perpendicular to the first X-direction and second Y-direction).
Regarding claim 16, Lyu discloses the cavity filter according to claim 13, and continues to disclose, in figure 1, 2, & 4, wherein the first sheet-shaped resonant rod, the second sheet-shaped resonant rod and the connecting rib are integrally formed (Col. 6, Lines 15-16, “resonant rod 50 and the engaging rod 70 may be integrally formed”…resonant rods 50 define the first sheet-shaped resonant rod and second sheet-shaped resonant rod).
Regarding claim 17, Lyu discloses the cavity filter according to claim 1, and continues to disclose, in figure 1 & 3, wherein the housing further comprises a bottom plate portion (117), a side wall portion (118), and a cover plate portion (119), the side wall portion is circumferentially connected to the bottom plate portion (119 circumferentially connected to bottom plate 117), the side wall portion and the bottom plate portion form the accommodating cavity and an opening (side wall 118 and bottom plate 117 define the opening of cavity 116), one side surface of the cover plate portion covers the opening (bottom surface of plate 119 covers the opening of cavity 116), the first sheet-shaped resonant rod and the second sheet-shaped resonant rod are connected to the bottom plate portion (Col. 4, Lines 39-45, “input resonator 120 is located in the accommodating cavity 116 and fixed in the housing 110, and includes an input resonant body 122 and an input port 124 extending from the input resonant body 122. The input port 124 extends out of the housing 110 through the input hole 112. The output resonator 130 is located in the accommodating cavity 116 and fixed in the housing 110”…both fixed to bottom plate portion 118 of housing 110), and the third sheet-shaped resonant rod is connected to the cover plate portion (Col. 6, Lines 57-58, “the bottom plate portion 117 and the side wall portion 118 can be directly formed by sheet metal bending”…third sheet-shaped resonant rod is connected to the cover plate via bottom plate portion 117 and side wall portion 118 to the cover plate 119).
Regarding claim 18, Lyu discloses the cavity filter according to claim 1, and continues to disclose, in figure 1 & 3, wherein the housing further comprises a bottom plate portion (117), a side wall portion (118), and a cover plate portion (119), the side wall portion is circumferentially connected to the bottom plate portion (119 circumferentially connected to bottom plate 117), the side wall portion and the bottom plate portion form the accommodating cavity and an opening (side wall 118 and bottom plate 117 define the opening of cavity 116), one side surface of the cover plate portion covers the opening (bottom surface of plate 119 covers the opening of cavity 116), the first sheet-shaped resonant rod, the second sheet-shaped resonant rod and the third sheet-shaped resonant rod are connected to the bottom plate portion. (Col. 4, Lines 39-45, “input resonator 120 is located in the accommodating cavity 116 and fixed in the housing 110, and includes an input resonant body 122 and an input port 124 extending from the input resonant body 122. The input port 124 extends out of the housing 110 through the input hole 112. The output resonator 130 is located in the accommodating cavity 116 and fixed in the housing 110”…both fixed to bottom plate portion 118 of housing 110).
Regarding claim 19, Lyu discloses the cavity filter according to claim 1, and continues to disclose, in figure 1 & 2, wherein the first sheet-shaped resonant rod, the second sheet-shaped resonant rod and the third sheet-shaped resonant rod are all sheets with metal surfaces or metal sheets (Col. 5, Lines 65-67, “the input resonator 120 and the output resonator 130 are sheets with a metal surface or metal sheets”).
Claim Rejections - 35 USC § 103
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.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Lyu.
Regarding claim 2, Lyu discloses the cavity filter according to claim 1, but fails to disclose wherein capacitive coupling or inductive coupling is formed between the second sheet-shaped resonant rod and the third sheet-shaped resonant rod based on a distance between the second sheet-shaped resonant rod and the third sheet-shaped resonant rod; the closer the distance between the second sheet-shaped resonant rod and the third sheet-shaped resonant rod, the greater the amount of the capacitive coupling between the second sheet-shaped resonant rod and the third sheet-shaped resonant rod; and the farther the distance between the second sheet-shaped resonant rod and the third sheet-shaped resonant rod, the smaller the amount of the capacitive coupling between the second sheet-shaped resonant rod and the third sheet-shaped resonant rod.
However, It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the relationship between the distance and coupling strength of the second sheet-shaped rod and third sheet-shaped rod, since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. [i.e., the coupling strength between the metal resonant rods adjusts based on the distance between the resonant rods] (KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415‐421, 82 USPQ2d 1385). Further, Lyu discloses that capacitive coupling is realized without “a physical capacitive structure” (Col. 4, Lines 59-61) and thus dependent on the placement of the two resonant rods.
Regarding claim 3, Lyu discloses the cavity filter according to claim 1, but fails to disclose wherein capacitive coupling or inductive coupling is formed between the first sheet-shaped resonant rod and the third sheet-shaped resonant rod based on a distance between the first sheet-shaped resonant rod and the third sheet-shaped resonant rod; the closer the distance between the first sheet-shaped resonant rod and the third sheet-shaped resonant rod, the greater the amount of the capacitive coupling between the first sheet-shaped resonant rod and the third sheet-shaped resonant rod; and the farther the distance between the first sheet-shaped resonant rod and the third sheet-shaped resonant rod, the smaller the amount of the capacitive coupling between the first sheet-shaped resonant rod and the third sheet-shaped resonant rod.
However, It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the relationship between the distance and coupling strength of the first sheet-shaped rod and third sheet-shaped rod, since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. [i.e., the coupling strength between the metal resonant rods adjusts based on the distance between the resonant rods] (KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415‐421, 82 USPQ2d 1385). Further, Lyu discloses that capacitive coupling is realized without “a physical capacitive structure” (Col. 4, Lines 59-61) and thus dependent on the placement of the two resonant rods.
Regarding claim 4, Lyu discloses the cavity filter according to claim 1, but fails to disclose wherein a separation distance between the first extension section and the second extension section corresponds to an amount of the capacitive coupling between the first sheet-shaped resonant rod and the second sheet-shaped resonant rod; and the shorter the separation distance, the greater the amount of the capacitive coupling between the first sheet-shaped resonant rod and the second sheet-shaped resonant rod.
However, It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the relationship between the distance and coupling strength of the first sheet-shaped rod and second sheet-shaped rod based on the first and second extension sections, since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. [i.e., the coupling strength between the metal resonant rods adjusts based on the distance between the resonant rods] (KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415‐421, 82 USPQ2d 1385). Further, Lyu discloses that capacitive coupling is realized without “a physical capacitive structure” (Col. 4, Lines 59-61) and thus dependent on the placement of the two resonant rods and associated extension structures.
Allowable Subject Matter
Claims 7-8, 11-12, & 14-15 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.
Tiihonen et al. (CN 212209713 U) [Figure 2A. Discloses a metal sheet radio frequency cavity filter (100), comprising: a housing (110); a plurality of resonators (120) disposed within the housing (110); and an input device (180) and an output device (190) arranged on the outer part of the shell (110). A metal sheet radio frequency hollow cavity filter (100), wherein it further comprises an input coupling piece (310) and/or output coupling piece (320), the input coupling piece (310) has the shape of low-pass filtering the input signal; the input coupling piece (310) is arranged in the shell (110) so as to connect the input device (180) to the resonator (120) on the input side; the output coupling piece (320) has the shape of low-pass filtering the output signal; The output coupling (320) is disposed within the housing (110) to connect the resonator (120) on the output side to the output device (190).]
Shi et al. (US 2014/0347147 A1) [Figure 6. Discloses a microwave filter has a housing defining an inner cavity. A first resonator is positioned in a first portion of the inner cavity. A second resonator is positioned in a second portion of the inner cavity. A third resonator is positioned in a third portion of the inner cavity. The first resonator and the third resonator are cross-coupled via an iris. The second resonator is elongated and is coupled to the first resonator and the third resonator. The resulting microwave filter has a frequency response having a transmission zero in the lower stopband. A high-pass filter is realized without the use of a cross-coupling probe.]
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/TYLER J PERENY/ Examiner, Art Unit 2836
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