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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 and 4-13 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1-11 of prior U.S. Patent No. 12278427. This is a statutory double patenting rejection.
Claim 1 of the instant application recite the same words as the claim 1 of the US Patent with two non-distinguishable phrase additions: (i) In line 2 of the claim of the instant application, the additional wording “transmitting/receiving” before ‘antenna’ is present and directed towards the antenna transmitting or receiving and (ii) in line 14 of the claim, the additional wording “or on” is present and directed towards that the second meandering slot is located in ‘or on’ the metallic layer. These changes do not amount to any difference in the claimed invention since the antenna in the Patent must transmit and/or receive according to the disclosure of the Patent and the instant disclosed invention and the second meandering slot being in or on the metallic layer does not amount to any differences in the second meandering slot in the disclosed Patent and instant disclosed invention. Accordingly the claimed inventions are identical in scope. Further, the disclosures provide no discernable difference in the claimed inventions of the pending instant application and the Patent. Put a different way, Under the embodiment test, any device or method that infringes the pending claim would inherently infringe the reference claim, and vice versa. As set forth in In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970), the same invention condition is met when the identical invention is being claimed twice, using either the same or different words.
Claims 4-13 recite the same limitations and wording as claims 2-11 of the US Patent.
Conclusion
The examiner notes the prior art previously made of record (in the parent application and disclosed by applicant herein) and not relied upon is considered pertinent to applicant's disclosure.
US 11450969 B1 (Hussain) discloses a reconfigurable miniaturized folded slot-based antenna.
US 20120139793 A1 (Sharawi) discloses a multiband MIMO antenna system.
“Compact Antenna for Picosatellites Using a Meandered Folded-Shorted Patch Array” by Li discloses antenna array which combines the folded-shorted patches (FSPs) and meandering for antenna miniaturization.
“Folded Patch Antenna With Tunable Inductive Slots and Stubs for UHF Tag Design” By Ng discloses A miniature folded patch consisting of a square patch which is equally separated into two rectangular patches with C-shaped slot and inductive stubs.
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/AMAL PATEL/Primary Examiner, Art Unit 2845
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