Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This communication is in response to the Application No. 19/015,332 filed on 1/29/25 which is a continuation of 17/826,038. Claims 1 – 20 has been examined.
Double Patenting
3. 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).
4. 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).
5. 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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6. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,199,646. Although the claims at issue are not identical, they are not patentably distinct from each other because the reasons below:
Instant Application
Pat # 12,199,646
A filter circuit comprising:
a first filter;
a second filter; and
circuitry configured to receive a signal from an antenna and route the signal to the first filter and the second filter, the circuitry being implemented in at least one of (i) a ganged configuration in which the first filter and the second filter receive the signal through a common input node or (ii) a switch-combined configuration in which two or more switch arms are configured to be controlled simultaneously to route the signal to the first filter and the second filter.
A filter circuit comprising: a switch configured to receive a signal;
a first mid-range-band filter configured to support a first cellular band for receive operations;
a second mid-range-band filter configured to support a second cellular band; a first satellite-navigation-band filter; and
circuitry configured to route the signal, the circuitry being implemented in at least one of (i) a ganged configuration in which the switch is used to select between a first path associated with routing the signal to the first satellite-navigation-band filter and the first mid-range-band filter via a first common input node or a second path associated with routing the signal to a second satellite-navigation-band filter and the second mid-range-band filter via a second common input node or (ii) a switch-combined configuration in which the switch includes two or more switch arms that are configured to be controlled simultaneously to route the signal to the first satellite-navigation-band filter and a single one of the first mid-range-band filter or the second mid-range-band filter.
As shown above, even though the claims are not identical they both have filters regardless of mid-range band filter as defined by Pat # 12,199,646 and perform similar functions. Furthermore, the circuitry performs ganged and switched configuration having connected to filter. So, it would have been obvious to one of the ordinary skilled in the art to perform the steps and with or without the specific type of filter(s).
6. Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,199,646 see the reasons below:
Instant Application
Pat # 12,199,646
The filter circuit of claim 1 wherein the circuitry is implemented with the switch- combined configuration.
The filter circuit of claim 1 wherein the circuitry is implemented with the switch-combined configuration.
7. Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,199,646 see the reasons below:
Instant Application
Pat # 12,199,646
The filter circuit of claim 2 wherein the first filter is a first mid-range-band filter and the filter circuit further includes a second mid-range-band filter, the circuitry being configured to simultaneously route the signal to the second filter and at least one of the first mid-range-band filter or the second mid-range-band filter.
“a first mid-range-band filter configured to support a first cellular band for receive operations;
a second mid-range-band filter configured to support a second cellular band; and simultaneously to route the signal to the first satellite-navigation-band filter and a single one of the first mid-range-band filter or the second mid-range-band filter”
As mentioned above the claim 1 of Pat # 12,199,646 teaches the limitations mentioned above.
8. Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,199,646 see the reasons below:
Instant Application
Pat # 12,199,646
The filter circuit of claim 1 wherein the circuitry is implemented with the ganged configuration.
The filter circuit of claim 1 wherein the circuitry is implemented with the ganged configuration.
9. Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,199,646 see the reasons below:
Instant Application
Pat # 12,199,646
The filter circuit of claim 1 wherein the first filter is configured to support at least one of a cellular band B11, a cellular band B21, or a cellular band B32.
The filter circuit of claim 1 wherein the first mid-range-band filter is configured to support at least one of a cellular band B11, a cellular band B21, or a cellular band B32.
10. Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,199,646 see the reasons below:
Instant Application
Pat # 12,199,646
The filter circuit of claim 1 wherein the second filter is configured to support a Global Navigation Satellite System (GNSS) cellular band.
The filter circuit of claim 1 wherein the first satellite-navigation-band filter is configured to support a Global Navigation Satellite System (GNSS) cellular band.
As shown above, even though the claims are not identical they both have filters regardless of mid-range band filter as defined by Pat # 12,199,646 and perform similar functions. Furthermore, the circuitry performs ganged and switched configuration having connected to filter. So, it would have been obvious to one of the ordinary skilled in the art to perform the steps and with or without the specific type of filter(s).
11. Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,199,646 see the reasons below:
Instant Application
Pat # 12,199,646
The filter circuit of claim 7 wherein the GNSS cellular band includes at least one of a GPS-L1 cellular band, a GPS-L2 cellular band, or a GPS-L5 cellular band.
The filter circuit of claim 5 wherein the GNSS cellular band includes at least one of a GPS-L1 cellular band, a GPS-L2 cellular band, or a GPS-L5 cellular band.
12. Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,199,646 see the reasons below:
Instant Application
Pat # 12,199,646
A filter system comprising:a first switch configured to receive a signal;
a first filter coupled to the first switch and associated with a frequency range; and
a second filter coupled to the first switch and associated with a first band within the frequency range, the first filter and the second filter being configured to receive the signal from the first switch via at least of a common input node or two or more arms of the first switch that are configured to be controlled simultaneously.
A filter system comprising: a first switch configured to receive a signal;
a first filter coupled to the first switch and configured to support a first cellular band; and
a second filter coupled to the first switch and configured to support a second cellular band, the filter system being configured to route the signal to a first satellite-navigation-band filter or a second satellite-navigation-band filter and use the first switch to selectively route the signal to either the first filter or the second filter, the filter system including at least one of the first switch implemented with two or more simultaneously-controllable arms or a common input node for the first satellite-navigation-band filter and the first filter.
As shown above, even though the claims are not identical they both have filters regardless of mid-range band filter as defined by Pat # 12,199,646 and perform similar functions. Furthermore, the circuitry performs ganged and switched configuration having connected to filter. So, it would have been obvious to one of the ordinary skilled in the art to perform the steps and with or without the specific type of filter(s).
13. Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,199,646 see the reasons below:
Instant Application
Pat # 12,199,646
The filter system of claim 9 wherein the frequency range is about 960MHz to 1710MHz.
The filter system of claim 7 wherein the first filter, the second filter, and the satellite-navigation-band filter are associated with a frequency range of about 960 MHz to 1710 MHz.
As shown above, even though the claims are not identical they both have filters regardless of mid-range band filter as defined by Pat # 12,199,646 and perform similar functions. Furthermore, the circuitry performs ganged and switched configuration having connected to filter. So, it would have been obvious to one of the ordinary skilled in the art to perform the steps and with or without the specific type of filter(s).
14. Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 12,199,646 see the reasons below:
Instant Application
Pat # 12,199,646
A radio-frequency module comprising:a packaging substrate;a multiplexer implemented on the packaging substrate and coupled to at least one of a primary antenna or a diversity antenna; anda filter system implemented on the packaging substrate and coupled to the multiplexer, the filter system including a mid-range-band filter and a first filter, the filter system being configured to receive a signal from the multiplexer and route the signal to the mid-range-band filter and the first filter, the mid-range-band filter and the first filter being implemented in at least one of a ganged configuration or a switch-combined configuration.
A radio-frequency module comprising: a packaging substrate; a multiplexer implemented on the packaging substrate and coupled to at least one of a primary antenna or a diversity antenna; and a filter system implemented on the packaging substrate and coupled to the multiplexer, the filter system including a first mid-range-band filter, a second mid-range-band filter, a satellite-navigation-band filter, and a switch, the filter system being configured to receive a signal from the multiplexer and route the signal, using the switch, to the satellite-navigation-band filter and a selected one of the first mid-range-band filter or the second mid-range-band filter, the filter system including at least one of the switch implemented with two or more simultaneously-controllable arms or a common input node for the satellite-navigation-band filter and the first mid-range-band filter.
As shown above, even though the claims are not identical they both have filters regardless of mid-range band filter as defined by Pat # 12,199,646 and perform similar functions. Furthermore, the circuitry performs ganged and switched configuration having connected to filter. So, it would have been obvious to one of the ordinary skilled in the art to perform the steps and with or without the specific type of filter(s).
15. Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. 12,199,646 see the reasons below:
Instant Application
Pat # 12,199,646
The radio-frequency module of claim 16 wherein the mid-range-band filter is configured to support a band within a frequency range of 960MHz to 1710MHz.
The radio-frequency module of claim 14 wherein the first mid-range-band filter is configured to support a band within a frequency range of 960 MHz to 1710 MHz.
16. Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of U.S. Patent No. 12,199,646 see the reasons below:
Instant Application
Pat # 12,199,646
The radio-frequency module of claim 16 wherein the first filter is configured to support at least one of a GPS-L1 cellular band, a GPS-L2 cellular band, or a GPS-L5 cellular band.
The radio-frequency module of claim 14 wherein the satellite-navigation-band filter is configured to support at least one of a GPS-L1 cellular band, a GPS-L2 cellular band, or a GPS-L5 cellular band.
As shown above, even though the claims are not identical they both have filters regardless of mid-range band filter as defined by Pat # 12,199,646 and perform similar functions. Furthermore, the circuitry performs ganged and switched configuration having connected to filter. So, it would have been obvious to one of the ordinary skilled in the art to perform the steps and with or without the specific type of filter(s).
Allowable Subject Matter
17. Claims 6, 10 – 14, 17 – 18 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
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANMAY K SHAH whose telephone number is (571)270-3624. The examiner can normally be reached Mon - Fri - 8:00 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TANMAY K. SHAH
Primary Examiner
Art Unit 2632
/TANMAY K SHAH/Primary Examiner, Art Unit 2632
Prosecution Insights