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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Terminal Disclaimer
The terminal disclaimer filed on 10 September 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent Number 11,874,718 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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.
Claim(s) 1-20, is/are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent No. 12,235,705 to Erdogan et al. (“Erdogan-705”) in view of US Patent Application Publication Number 2019/0004590 to Srivastava et al. (“Srivastava”).
Although the claims at issue are not identical, they are not patentably distinct from each other because the aforementioned claims of Erdogan-705 recite, in substantially equivalent form, all of the limitations of the aforementioned claims of the instant application, as follows:
Claim 1 (Instant Application)
Claim 1 (Erdogan-705)
A repeater comprising:
A repeater comprising:
a host-side squelch detector;
a host-side squelch detector;
and a host-side receiver and a host-side transmitter, each coupled to the host-side squelch detector,
and a host-side receiver and a host-side transmitter, each coupled to the host-side squelch detector,
and configured to be in an inactive state for a second time period responsive to the host-side squelch detector determining that a micro frame does not include a data packet during a first time period.
and the host-side receiver and the host-side transmitter are configured to be in an inactive state for a second time period responsive to the host-side squelch detector determining that a micro frame discludes a data packet during a first time period.
However, Claim 1 of Erdogan-705 does not explicitly disclose that the host-side squelch detector is configured to be in an active state for the second time period. Srivastava discloses the use of a USB squelch detector which is required for detecting data while a USB device is in a receive mode, and thus must be in an active state (See Paragraphs 5 and 25). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Claim 1 of Erdogan-705 using the squelch detector in an active mode during the second time period of Srivastava, resulting in the invention of Claim 1, in order to yield the predictable result of complying with the USB specification, which requires that a squelch detector be active during a receive mode, such as the receive mode second time period, of an interface, in order to detect all received data (See Paragraphs 5 and 25 of Srivastava).
Claim 2 (Instant Application)
Claim 13 (Erdogan-705)
a peripheral-side squelch detector;
a peripheral-side squelch detector
and a peripheral-side receiver and a peripheral-side transmitter, each coupled to the peripheral-side squelch detector,
a peripheral-side receiver and a peripheral-side transmitter, each coupled to the peripheral side squelch detector
and the peripheral-side receiver, the peripheral-side transmitter and the peripheral-side squelch detector are configured to be in the inactive state for the second time period responsive to the host-side squelch detector determining that the micro frame discludes the data packet during the first time period.
and the peripheral-side receiver, the peripheral-side transmitter and the peripheral-side squelch detector are configured to be in the inactive state for the second time period responsive to the host-side squelch detector determining that the micro frame discludes the data packet during the first time period
Claim 2 (Instant Application)
Claim 13 (Erdogan-705)
a peripheral-side squelch detector;
a peripheral-side squelch detector
and a peripheral-side receiver and a peripheral-side transmitter, each coupled to the peripheral-side squelch detector,
a peripheral-side receiver and a peripheral-side transmitter, each coupled to the peripheral side squelch detector
wherein the peripheral-side receiver, the peripheral-side transmitter and the peripheral-side squelch detector are configured to be in the inactive state for the second time period responsive to the host-side squelch detector determining that the micro frame does not include the data packet during the first time period.
and the peripheral-side receiver, the peripheral-side transmitter and the peripheral-side squelch detector are configured to be in the inactive state for the second time period responsive to the host-side squelch detector determining that the micro frame discludes the data packet during the first time period
Claim 3 (Instant Application)
Claim 3 (Erdogan-705)
the host-side squelch detector is configured to be in the active state after the second time period and before a next micro frame is received
the host-side squelch detector is configured to be in an active state after the second time period and before a next micro frame is received
Claim 4 (Instant Application)
Claim 4 (Erdogan-705)
the host-side receiver and the peripheral-side transmitter are configured to be in the active state after the second time period and before the next micro frame is received.
the host-side receiver and the peripheral-side transmitter are configured to be in the active state after the second time period and before the next micro frame is received.
Claim 5 (Instant Application)
Claim 5 (Erdogan-705)
the host-side transmitter, the peripheral-side receiver, and the peripheral-side squelch detector are configured to be in a standby state during the first time period.
the host-side transmitter, the peripheral-side receiver, and the peripheral-side squelch detector are configured to be in a standby state during the first time period.
Claim 6 (Instant Application)
Claim 6 (Erdogan-705)
the host-side transmitter, the peripheral-side receiver, and the peripheral-side squelch detector are configured to be in the standby state after the second time period and before the next micro frame is received.
the host-side transmitter, the peripheral-side receiver, and the peripheral-side squelch detector are configured to be in the standby state after the second time period and before the next micro frame is received.
Claim 7 (Instant Application)
Claim 7 (Erdogan-705)
the host-side squelch detector, the host-side receiver and the peripheral-side transmitter are configured to be in the active state during an initial time period before the first time period.
the host-side squelch detector, the host-side receiver and the peripheral-side transmitter are configured to be in the active state during an initial time period before the first time period.
Claim 8 (Instant Application)
Claim 8 (Erdogan-705)
the host-side transmitter, the peripheral-side receiver, and the peripheral-side squelch detector are configured to be in the standby state during the initial time period before the first time period.
the host-side transmitter, the peripheral-side receiver, and the peripheral-side squelch detector are configured to be in the standby state during the initial time period before the first time period.
Claim 9 (Instant Application)
Claim 9 (Erdogan-705)
further comprising: a loss of signal detector (LOS) coupled to the host-side squelch detector, and configured to be in the inactive state during the second time period; and a disconnect detector coupled to the peripheral-side squelch detector, and configured to be in the inactive state during the second time period.
further comprising: a loss of signal detector (LOS) coupled to the host-side squelch detector, and configured to be in the inactive state during the second time period; and a disconnect detector coupled to the peripheral-side squelch detector, and configured to be in the inactive state during the second time period.
Claim 10 (Instant Application)
Claim 10 (Erdogan-705)
A circuit comprising:
A circuit comprising:
a first receiver and a first transmitter;
a first receiver and a first transmitter;
a second transmitter coupled to the first receiver;
a second transmitter coupled to the first receiver;
a second receiver coupled to the first transmitter and the second transmitter;
a second receiver coupled to the first transmitter and the second transmitter;
a first detector coupled to the first receiver and the first transmitter;
a first detector coupled to the first receiver and the first transmitter;
and a second detector coupled to the second receiver and the second transmitter,
and a second detector coupled to the second receiver and the second transmitter;
wherein the first receiver, the first transmitter and the second detector are configured to be in an inactive state for a second time period responsive to the first detector determining that a micro frame does not include a data packet during a first time period.
wherein the first receiver, the first transmitter and the second detector are configured to be in an inactive state for a second time period responsive to the first detector determining that a micro frame discludes a data packet during a first time period.
However, Claim 10 of Erdogan-705 does not explicitly disclose that the first detector is configured to be in an active state for the second time period. Srivastava discloses the use of a USB squelch detector which is required for detecting data while a USB device is in a receive mode, and thus must be in an active state (See Paragraphs 5 and 25). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Claim 10 of Erdogan-705 using the squelch detector in an active mode during the second time period of Srivastava, resulting in the invention of Claim 10, in order to yield the predictable result of complying with the USB specification, which requires that a squelch detector be active during a receive mode, such as the receive mode second time period, of an interface, in order to detect all received data (See Paragraphs 5 and 25 of Srivastava).
Claim 11 (Instant Application)
Claim 11 (Erdogan-705)
the first receiver and the first transmitter are coupled to an eUSB2 port, and the second receiver and the second transmitter are coupled to a USB 2.0 port.
the first receiver and the first transmitter are coupled to a USB 2.0 port, and the second receiver and the second transmitter are coupled to an eUSB2 port.
Claim 12 (Instant Application)
Claim 12 (Erdogan-705)
the first receiver and the first transmitter are coupled to a USB 2.0 port, and the second receiver and the second transmitter are coupled to an eUSB2 port.
the first receiver and the first transmitter are coupled to an eUSB2 port, and the second receiver and the second transmitter are coupled to a USB 2.0 port.
Claim 13 (Instant Application)
Claim 13 (Erdogan-705)
the second receiver and the second transmitter are configured to be in the inactive state for the second time period responsive to the first detector determining that the micro frame discludes does not include the data packet during the first time period.
the second receiver and the second transmitter are configured to be in the inactive state for the second time period responsive to the first detector determining that the micro frame discludes the data packet during the first time period.
Claim 14 (Instant Application)
Claim 14 (Erdogan-705)
the first detector is configured to be in [[an]] the active state after the second time period and before a next micro frame is received.
the first detector is configured to be in an active state after the second time period and before a next micro frame is received.
Claim 15 (Instant Application)
Claim 15 (Erdogan-705)
the first receiver and the second transmitter are configured to be in the active state after the second time period and before the next micro frame is received.
the first receiver and the second transmitter are configured to be in the active state after the second time period and before the next micro frame is received.
Claim 16 (Instant Application)
Claim 16 (Erdogan-705)
the first transmitter, the second receiver, and the second detector are configured to be in a standby state during the first time period.
the first transmitter, the second receiver, and the second detector are configured to be in a standby state during the first time period.
Claim 17 (Instant Application)
Claim 17 (Erdogan-705)
the first transmitter, the second receiver, and the second detector are configured to be in the standby state after the second time period and before the next micro frame is received.
the first transmitter, the second receiver, and the second detector are configured to be in the standby state after the second time period and before the next micro frame is received.
Claim 18 (Instant Application)
Claim 18 (Erdogan-705)
A method comprising:
A method comprising:
detecting by a first detector, during a first time period, a start of a micro frame;
detecting by a first detector, during a first time period, a start of a micro frame;
determining, during a second time period after the first time period, whether the micro frame includes at least one data packet;
determining, during a second time period after the first time period, whether at least one data packet is contained in the micro frame;
and inactivating, in response to determining that the micro frame discludes a data packet during the second time period, a first receiver, a first transmitter, a second receiver, a second transmitter and a second detector during a third time period after the second time period,
and inactivating, in response to determining that the micro frame discludes a data packet during the second time period, a first receiver, a first transmitter, a second receiver, a second transmitter and a second detector during a third time period after the second time period,
the first receiver and the first transmitter coupled to the first detector,
the first receiver and the first transmitter are coupled to the first detector,
and the second transmitter coupled to the first receiver and the second detector,
and the second transmitter is coupled to the first receiver and the second detector,
and the second receiver coupled to the second transmitter and the second detector.
and the second receiver is coupled to the second transmitter and the second detector.
However, Claim 18 of Erdogan-705 does not explicitly disclose using the first detector for determining, during a second time period after the first time period, whether the micro frame includes at least one data packet. Srivastava discloses the use of a USB squelch detector which is required for detecting data while a USB device is in a receive mode (See Paragraphs 5 and 25). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Claim 18 of Erdogan-705 using the squelch detector for detecting the start of the micro frame and whether the micro frame includes at least one data packet of Srivastava, resulting in the invention of Claim 18, in order to yield the predictable result of complying with the USB specification, which requires the use of a squelch detector to detect all received data, including data indicating the start of a microframe and whether the microframe includes at least one data packet (See Paragraphs 5 and 25 of Srivastava).
Claim 19 (Instant Application)
Claim 19 (Erdogan-705)
keeping the first detector active during the third time period.
keeping the first detector active during the third time period.
Claim 20 (Instant Application)
Claim 20 (Erdogan-705)
activating the first receiver and the second transmitter after the third time period and before the next micro frame is received,
activating the first receiver and the second transmitter after the third time period and before the next micro frame is received, after the third time period and before the next micro frame is received.
wherein the first transmitter, the second receiver and the second detector are configured to be in a standby state after the third time period and before the next micro frame is received.
wherein the first transmitter, the second receiver and the second detector are configured to be in a standby state
Allowable Subject Matter
Claim(s) 1-20 is/are rejected on the grounds of non-statutory obvious-type double patenting, but would be allowable if timely filed terminal disclaimer(s) in compliance with 37 CFR 1.321(c) or 1.321(d) are filed to overcome the double patenting rejection.
The following is a statement of reasons for the indication of allowable subject matter: The claims require all of the limitations of the allowed claims US Patent Application Number 18/534,911, issued as US Patent Number 12,235,705, to which the instant application claims priority, and are allowable for at least the same reasons as provided therein.
The prior art fails to disclose, either alone or in combination, all of the claimed limitations in the combinations as claimed. The most relevant prior art references are US Patent Application Publication Number 2018/0307293 to Lambert et al. (“Lambert”) and US Patent Application Publication Number 2012/0311359 to Jaramillo (“Jaramillo”). Lambert discloses details of a USB system which enters a sleep state when data is not detected on a receiver channel for a defined period of time. Jaramillo discloses selectively enabling and disabling elements of a USB redriver during power saving modes based on enable/disable signals received from a USB device. However, Lambert and Jaramillo, either alone or in combination, fail to disclose, in the combinations as claimed, that the host-side receiver and the host-side transmitter are configured to be in an inactive state for a second time period responsive to the host-side squelch detector determining that a micro frame does not include a data packet during a first time period, as recited in Claim 1; that the first receiver, the first transmitter and the second detector are configured to be in an inactive state for a second time period responsive to the first detector determining that a micro frame does not include a data packet during a first time period, as recited in Claim 10; and determining, during a second time period after the first time period, whether at least one data packet is contained in the micro frame; and inactivating, in response to determining that the micro frame does not include a data packet during the second time period, a first receiver, a first transmitter, a second receiver, a second transmitter and a second detector during a third time period after the second time period, the first receiver and the first transmitter are coupled to the first detector, as recited in Claim 18. Furthermore, such features would not have been obvious to one of ordinary skill in the art in view of the prior art.
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS J CLEARY whose telephone number is (571)272-3624. The examiner can normally be reached Monday-Friday 8AM-5PM.
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/THOMAS J. CLEARY/Primary Examiner, Art Unit 2175
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