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, 6-9, 14-17, 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-20 of U.S. Patent No. 12,278,412. Although the claims at issue are not identical, they are not patentably distinct from each other because the current independent claims and dependent claims in combination are directed to the same inventive idea.
For instance, claim 1 and 6 of the current application recite:
1. A coupler comprising:
a first ground layer;
a conductive layer comprising:
a first trace having a closed loop, and
a second trace having another closed loop, wherein the second trace is coupled to the first trace at a center point,
wherein at least one of the first trace or the second trace is configured to receive a radio frequency (RF) signal; and
a first dielectric layer positioned between the first ground layer and the conductive layer.
6. The coupler of claim 1, further comprising: a second ground layer having an aperture; and a second dielectric layer positioned between the conductive layer and the second ground layer.
whereas ‘412 Patent recites:
1. A coupler comprising:
a first ground layer;
a conductive layer, wherein the conductive layer is substantially in the shape of an infinity symbol;
a first dielectric layer positioned between the first ground layer and the conductive layer;
a second ground layer having an aperture; and
a second dielectric layer positioned between the conductive layer and the second ground layer.
As can be seen, combined claims 1 and 6 of the current application and claim 1 of the ‘412 Patent both are directed to a coupler comprising a conductive layer, two ground layers and two dielectric layers, such that the second dielectric layer positioned between the conductive layer and the second ground layer.
Similarly current application’s combined claim sets of 9, 14 and 17, 19, recite the same inventive ideas as those recited in claim sets of the ‘412 Patent as shown in the table below.
Current application
‘412 Patent
7. The coupler of claim 6, wherein the first ground layer is connected to the second ground layer.
8. The coupler of claim 7, wherein the second ground layer is positioned such that at least a portion of the aperture is above the center point of the conductive layer.
9. A system comprising: a coupler, wherein the coupler comprises: a first ground layer; a conductive layer, comprising: a first trace having a closed loop, and a second trace having another closed loop, wherein the second trace is coupled to the first trace at a center point, wherein at least one of the first trace or the second trace is configured to receive a radio frequency (RF) signal; and a first dielectric layer positioned between the first ground layer and the conductive layer.
14. The system of claim 9, further comprising: a second ground layer having an aperture; and a second dielectric layer positioned between the conductive layer and the second ground layer; a feed path configured to transport a first radio frequency identification transponder of a plurality of radio frequency identification transponders through a defined region proximate the coupler; and a controller, wherein the controller is configured to energize the coupler to write data to the first radio frequency identification transponder of the plurality of radio frequency identification transponders when the first radio frequency identification transponder is in the defined region.
15. The system of claim 14, wherein the plurality of radio frequency identification transponders is associated with a pitch.
16. The system of claim 15, wherein the pitch is between 0.25 inches and 2.5 inches.
17. A method of manufacturing a coupler comprising: providing a first ground layer; providing a conductive layer, wherein the conductive layer comprising: a first trace having a closed loop, and a second trace having another closed loop, wherein the second trace is coupled to the first trace at a center point, wherein at least one of the first trace or the second trace is configured to receive a radio frequency (RF) signal; and providing a first dielectric layer positioned between the first ground layer and the conductive layer.
19. The method of manufacturing the coupler of claim 17, further comprising: providing a second ground layer having an aperture; and providing a second dielectric layer positioned between the conductive layer and the second ground layer.
20. The method of manufacturing the coupler of claim 19, wherein the second ground layer is positioned such that at least a portion of the aperture is above the center point of the conductive layer.
2. The coupler of claim 1, wherein the first ground layer is connected to the second ground layer.
3. The coupler of claim 1, wherein the conductive layer has a first side, a center point, and second side.
4. The coupler of claim 3, wherein the second ground layer is positioned such that at least a portion of the aperture is above the center point of the conductive layer.
6. The coupler of claim 1, wherein the first ground layer, the conductive layer, and the first dielectric layer form a first printed circuit board.
7. The coupler of claim 1, wherein the second ground layer and the second dielectric layer form a second printed circuit board.
8. A system comprising: a coupler, wherein the coupler comprises: a first ground layer; a conductive layer, wherein the conductive layer is substantially in the shape of an infinity symbol; a first dielectric layer positioned between the first ground layer and the conductive layer; a second ground layer having an aperture; and a second dielectric layer positioned between the conductive layer and the second ground layer; a feed path configured to transport a first radio frequency identification transponder of a plurality of radio frequency identification transponders through a defined region proximate the coupler; and a controller, wherein the controller is configured to energize the coupler to write data to the first radio frequency identification transponder of the plurality of radio frequency identification transponders when the first radio frequency identification transponder is in the defined region.
9. The system of claim 8, wherein the plurality of radio frequency identification transponders is associated with a pitch.
10. The system of claim 9, wherein the pitch is between 0.25 inches and 2.5 inches.
11. The system of claim 8, wherein the plurality of radio frequency identification transponders are active radio frequency identification transponders.
12. The system of claim 8, wherein the plurality of radio frequency identification transponders are passive radio frequency identification transponders.
13. The system of claim 8, wherein, in response to the controller energizing the coupler to write data to the first radio frequency identification transponder, the feed path is configured to transport a second radio frequency identification transponder of the plurality of radio frequency identification transponders through the defined region.
14. The system of claim 8, wherein the controller is configured to energize the coupler to a first power level.
15. The system of claim 14, wherein a size of the defined region is based at least in part on the first power level.
16. A method of manufacturing a coupler comprising: providing a first ground layer; providing a conductive layer, wherein the conductive layer is substantially in the shape of an infinity symbol; providing a first dielectric layer positioned between the first ground layer and the conductive layer; providing a second ground layer having an aperture; and providing a second dielectric layer positioned between the conductive layer and the second ground layer.
17. The method of manufacturing a coupler of claim 16, wherein the first ground layer is connected to the second ground layer.
18. The method of manufacturing a coupler of claim 16, wherein the conductive layer has a first side, a center point, and second side.
19. The method of manufacturing a coupler of claim 18, wherein the second ground layer is positioned such that at least a portion of the aperture is above the center point of the conductive layer.
20. The method of manufacturing a coupler of claim 16, wherein the first ground layer, the conductive layer, and the first dielectric layer form a first printed circuit board and the second ground layer and the second dielectric layer form a second printed circuit board.
Claims 2-5, 10-13, 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-20 of U.S. Patent No. 12,278,412 in view of Podger (US 6255998).
Re claim 2, the ‘412 Patent does not recite the coupler of claim 1, wherein the first trace causes a division of the received RF signal along a first path and a second path in the first trace, wherein the center point facilitates combination of the RF signal along the first path and the second path
Podger discloses an antenna comprising two traces as first and second loops 302 and 303, each of which makes a divided or separate path for a current flow (Fig. 3). Podger describes that the “two loops in FIG. 3, 302 and 303, have such a desirable shape, because they are like bowed outward and rounded triangles that meet at a point in the center. Note that the connection to the associated electronic equipment, represented by the generator symbol, 301, is between one side of both loops and the other side of both loops. This connection produces the current pattern shown in FIG. 3, because the loops have perimeters of one-wavelength” (c5: 15-28). Thus, the feed point 301 at the center of the two loops is considered to facilitate combination of the RF signal along the first path and the second path since the RF signal is received by receiver equipment associated with the generator 301 at the center point (Podger, Fig. 3, c5: 15-35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Podger to recognize the current paths and characteristics in the antenna so that desired parameters including gain and impedance can be achieved (Podger, c10: 15-24).
Re claim 3.2, wherein the first trace defines a first side of the conductive layer and the second trace defines a second side of the conductive layer (‘412 Patent recites in claim 3 “the conductive layer has a first side, a center point, and second side”; see Podger, Fig. 11-12: it is well known for a conductive antenna to have two traces).
Re claims 4-5, 10-13, 18, see discussion regarding claims 2-3 above.
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.
Claim(s) 1, 9, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan (US 6147606) in view of Kai (US 20060208901)
Duan discloses
1. A coupler (as RF tag 116, 1100, 1200 coupling with a base station 100; Fig. 1) comprising:
a first ground layer (Duan, c8: 31-41: “ground plane located on the opposite side of the substrate 404”);
a conductive layer comprising: a first trace having a closed loop (upper loop of antenna 1102, 1202), and a second trace having another closed loop (lower loop of antenna 1102, 1202), wherein the second trace is coupled to the first trace at a center point (Duan, Figs. 11-12),
wherein at least one of the first trace or the second trace is configured to receive a radio frequency (RF) signal (antennas including 1102, 1202 of RFID tag transmit to and receive signals from a reader or base station 100, c4-5: 58-13); and
a first dielectric layer positioned between the first ground layer and the conductive layer (Duan discloses a PCB or substrate between patch antenna of RFID tag and ground plane are disposed, c6: 44-48, c8: 31-41; Duan is silent to the substrate being a first dielectric layer; Kai discloses a dielectric layer 1 is well known to be placed between antenna conductor 2 and a ground plane 8; Figs. 1, 3, 5-7; it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Kai to avoid short circuiting between the antenna and ground plane thereby providing a functional RF circuit).
9. A system comprising: a coupler (as RF tag 116, 1100, 1200 coupling with a base station 100; Fig. 1), wherein the coupler comprises:
a first ground layer (Duan, c8: 31-41: “ground plane located on the opposite side of the substrate 404”);
a conductive layer, comprising: a first trace having a closed loop (upper loop of antenna 1102, 1202), and a second trace having another closed loop (lower loop of antenna 1102, 1202),
wherein the second trace is coupled to the first trace at a center point (Duan, Figs. 11-12),
wherein at least one of the first trace or the second trace is configured to receive a radio frequency (RF) signal (antennas including 1102, 1202 transmit to and receive signals from a reader or base station 100, c4-5: 58-13); and
a first dielectric layer positioned between the first ground layer and the conductive layer (Duan discloses a PCB or substrate between patch antenna of RFID tag and ground plane are disposed, c6: 44-48, c8: 31-41; Duan is silent to the substrate being a first dielectric layer; Kai discloses a dielectric layer 1 is well known to be placed between antenna conductor 2 and a ground plane 8; Figs. 1, 3, 5-7; it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Kai to avoid short circuiting between the antenna and ground plane thereby providing a functional RF circuit).
17. A method of manufacturing a coupler (as RF tag 116, 1100, 1200 coupling with a base station 100; Fig. 1) comprising:
providing a first ground layer (Duan, c8: 31-41: “ground plane located on the opposite side of the substrate 404”);
providing a conductive layer, wherein the conductive layer comprising: a first trace having a closed loop (upper loop of antenna 1102, 1202), and a second trace having another closed loop (lower loop of antenna 1102, 1202), wherein the second trace is coupled to the first trace at a center point (Duan, Figs. 11-12),
wherein at least one of the first trace or the second trace is configured to receive a radio frequency (RF) signal (antennas including 1102, 1202 of RFID tag transmit to and receive signals from a reader or base station 100, c4-5: 58-13); and
providing a first dielectric layer positioned between the first ground layer and the conductive layer (Duan discloses a PCB or substrate between patch antenna of RFID tag and ground plane are disposed, c6: 44-48, c8: 31-41; Duan is silent to the substrate being a first dielectric layer; Kai discloses a dielectric layer 1 is well known to be placed between antenna conductor 2 and a ground plane 8; Figs. 1, 3, 5-7; it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Kai to avoid short circuiting between the antenna and ground plane thereby providing a functional RF circuit).
Claim(s) 2-5, 10-13, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan (US 6147606)/ Kai (US 20060208901) in view of Podger (US 6255998)
Re claim 2.1, Duan/Kai is silent to wherein the first trace causes a division of the received RF signal along a first path and a second path in the first trace, wherein the center point facilitates combination of the RF signal along the first path and the second path.
Podger discloses a similar antenna comprising two traces as first and second loops 302 and 303, each of which makes a divided or separate path for a current flow (Fig. 3). Podger describes that the “two loops in FIG. 3, 302 and 303, have such a desirable shape, because they are like bowed outward and rounded triangles that meet at a point in the center. Note that the connection to the associated electronic equipment, represented by the generator symbol, 301, is between one side of both loops and the other side of both loops. This connection produces the current pattern shown in FIG. 3, because the loops have perimeters of one-wavelength” (c5: 15-28). Thus, the feed point 301 at the center of the two loops is considered to facilitate combination of the RF signal along the first path and the second path since the RF signal is received by receiver equipment associated with the generator 301 at the center point (Podger, Fig. 3, c5: 15-35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date the invention was made to incorporate the teachings of Podger to recognize the current paths and characteristics in the antenna so that desired parameters including gain and impedance can be achieved (Podger, c10: 15-24)
3.2, wherein the first trace defines a first side of the conductive layer and the second trace defines a second side of the conductive layer (Duan, c6: 40-55, c8: 30-42; Podger, c2: 20-50, c3: 16-25: antenna traces are made of conductors, the traces on the left and right sides in Podger or top and bottom sides of the antenna in Duan).
4.1, wherein the second trace causes a division of the received RF signal along a third path and a fourth path in the second trace, wherein the center point facilitates combination of the RF signal along the third path and the fourth path (see discussion regarding claims 2-3 above).
5.4, wherein the second trace defines a first side of the conductive layer and the first trace defines a second side of the conductive layer (Duan, Fig. 11-12; Podger, Fig. 3, c2: 20-50, c3: 16-25: antenna traces are made of conductors).
Re claims 10-13, 18, see discussion regarding claims 2-5 above.
Allowable Subject Matter
Claim(s) 6-8, 14, 19-20 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not disclose, in conjunction with other limitations as set forth in the independent claims, a coupler comprising: a second ground layer having an aperture; and a second dielectric layer positioned between the conductive layer and the second ground layer
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
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/THIEN T MAI/ Primary Examiner, Art Unit 2876