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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/07/26 has been entered.
Claim Objections
Claim 17 is objected to because of the following informality:
The term “the second signal” in the last line of claim 17 lacks antecedent basis.
Appropriate correction is required.
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 1, 8, 12-13, and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, 12, 14, and 17-19 of U.S. Patent No. 11,424,751. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 8, 12-13, and 17-20 of the instant application are merely broad presentations of claims 1, 8, 12, 14, and 17-19 of U.S. Patent No. 11,424,751.
Claims 1-5, 7-8, 12-13, and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-8, 12-13, and 17-20 of U.S. Patent No. 11,764,794. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-5, 7-8, 12-13, and 17-20 of the instant application are merely broad presentations of claims 1-5, 7-8, 12-13 and 17-20 of U.S. Patent No. 11,764,794.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,273,116. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of the instant application are merely broad presentations of claims 1-20 of U.S. Patent No. 12,273,116.
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.
Claims 1 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Familia et al. (US 2016/0087641; “Familia”; reference of record).
Regarding claim 1, Familia (figures 1 and 5-10) teaches a method comprising:
controlling operation of a ring oscillator (111 in figure 1; details in figure 5) by a first signal (VCCPLL) that is based on a comparison signal (from 871) and that is generated by a resistor bank array (851/951);
generating, by a realigned current cell array (114) of a realignment circuit (110), a realigned signal (CODE); and
realigning a phase of a waveform (See phase-locked loop 110 in figure 1 and para. [0017].) of a ring oscillator (111 in figure 1; details in figure 5) with a first clock signal (fREF; para. [0015]) based on the realigned signal (CODE).
Regarding claim 17, Familia teaches a system (figures 1 and 5-10) comprising:
a regulator (120; details in figure 8) comprising a resistor bank array (851) and configured to generate a first signal (VCCPLL);
a ring oscillator (111 in figure 1; details in figure 5) responsive to the first signal (VCCPLL), wherein a phase of a waveform of the ring oscillator (111) is configured to align (See phase-locked loop 110 in figure 1 and para. [0017].) with a first clock signal (fREF; para. [0015]) based on a realigned signal (CODE); and
a realignment circuit (110) including a realigned current cell array (114) configured to generate the realigned signal (CODE) based on a second signal (fFB).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEVI GANNON whose telephone number is (571)272-7971. The examiner can normally be reached 7:00AM-4:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Menatoallah Youssef can be reached at 571-270-3684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LEVI GANNON/Primary Examiner, Art Unit 2836 September 9, 2026
Prosecution Insights