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
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 1-22 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of copending Application No. 19/181,114 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application simply leaves out the limitation that the modulated waveform is a zero-crossing sinusoid. However, it is understood from the originally filed application that said modulated waveforms comprise zero-crossing sinusoids as shown in fig. 4.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application No. 19/181,139 Claim 1
Application No. 19/181,114 Claim 1
A method, comprising: receiving input digital data;
A method, comprising: receiving input digital data;
generating, based upon the input digital data, auxiliary waveform data encoding the input digital data, the auxiliary waveform data representing an auxiliary waveform wherein phase shifts within selected periods of the auxiliary waveform relative to a carrier signal encode the input digital data within the auxiliary waveform; and
generating, based upon the input digital data, zero-crossing modulated waveform data encoding the input digital data wherein the zero-crossing modulated waveform data represents an auxiliary zero-crossing modulated waveform having a plurality of periods wherein portions of the plurality of periods are perturbed in at least one of amplitude and phase relative to a sinusoid; and
mixing the auxiliary waveform data and modulation data representing a modulation signal wherein the mixing produces a multi-component signal.
mixing the zero-crossing modulated waveform data and modulation data representing a modulated signal so as to produce a multi-component signal.
Claims 2-22 are similarly unpatentable over claims 2-19 of U.S. Application No. 19/181,114.
Claims 1-22 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of copending Application No. 19/181,126 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application simply leaves out the limitation that the modulated waveform is a zero-crossing waveform. However, it is understood from the originally filed application that said modulated waveforms comprise zero-crossings as shown in fig. 4.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application No. 19/181,139 Claim 1
Application No. 19/181,114 Claim 1
A method, comprising: receiving input digital data;
A method, comprising: receiving input digital data;
generating, based upon the input digital data, auxiliary waveform data encoding the input digital data, the auxiliary waveform data representing an auxiliary waveform wherein phase shifts within selected periods of the auxiliary waveform relative to a carrier signal encode the input digital data within the auxiliary waveform; and
producing, using the input digital data, a stream of waveform data defining an auxiliary zero-crossing-modulated waveform; generating a modulation timing signal; and generating a composite signal wherein the composite signal includes a modulated signal having a frequency determined by the modulation timing signal,
mixing the auxiliary waveform data and modulation data representing a modulation signal wherein the mixing produces a multi-component signal.
the generating including inserting periods of the auxiliary zero-crossing-modulated waveform into the composite signal so that one or more periods of the auxiliary zero-crossing modulated waveform are interposed between periods of the modulated signal.
Claims 2-22 are similarly unpatentable over claims 2-24 of U.S. Application No. 19/181,126.
Claims 1-22 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of copending Application No. 19/181,162 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application does not explicitly recite D/A converters.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application No. 19/181,139 Claim 1
Application No. 19/181,114 Claim 1
A method, comprising: receiving input digital data;
A system, comprising: an input buffer configured to store input digital data;
generating, based upon the input digital data, auxiliary waveform data encoding the input digital data, the auxiliary waveform data representing an auxiliary waveform wherein phase shifts within selected periods of the auxiliary waveform relative to a carrier signal encode the input digital data within the auxiliary waveform; and
a time domain modulator for generating auxiliary waveform data based upon the input digital data wherein phase shifts within selected periods of an auxiliary waveform represented by the auxiliary waveform data relative to a carrier signal data encode the input digital data within the auxiliary waveform;
mixing the auxiliary waveform data and modulation data representing a modulation signal wherein the mixing produces a multi-component signal.
a mixer configured to mix the auxiliary waveform data and modulation data representing a modulated signal and thereby produce a multi-component signal;
Claims 2-22 are similarly unpatentable over claims 2-19 of U.S. Application No. 19/181,162.
Claim Rejections - 35 USC § 102
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.
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 1-14 and 17-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamamoto et al. (5,399,987) [Yamamoto].
Regarding claim 1, Yamamoto discloses a method, comprising:
receiving input digital data (RDS system, col. 1 lines 25-49);
generating, based upon the input digital data, auxiliary waveform data encoding the input digital data, the auxiliary waveform data representing an auxiliary waveform wherein phase shifts within selected periods of the auxiliary waveform relative to a carrier signal encode the input digital data within the auxiliary waveform (bi-phase shift keying, col. 1 lines 25-49); and
mixing the auxiliary waveform data and modulation data representing a modulation signal wherein the mixing produces a multi-component signal (RDS signal is multiplexed into an FM radio wave, col. 1 lines 25-49).
Regarding claim 2, Yamamoto discloses the method of claim 1 wherein an amplitude of the auxiliary waveform corresponds to a summation of one or more layering signals and a carrier signal (carrier, sub-carrier, and RDS data itself, col. 1 lines 25-49).
Regarding claim 3, Yamamoto discloses the method of claim 1 wherein the multi-component signal is a digital multi-component signal, the method further including: converting the digital multi-component signal into an encoded analog signal; transmitting the encoded analog signal (when received at receiver side, signal is analog and must be converted back to digital by A/D converter 52, see fig. 1).
Regarding claims 4 and 5, Yamamoto discloses the method of claim 1 wherein the mixing includes complex multiplying the auxiliary waveform data and the modulation data (col. 1 lines 25-49).
Regarding claim 6, Yamamoto discloses the method of claim 2 wherein the one or more layering signals and the carrier signal are sinusoidal and wherein the modulation signal is a frequency modulated (FM) signal (col. 1 lines 25-49, see also fig. 2).
Regarding claim 7, Yamamoto discloses the method of claim 1 wherein the generating the auxiliary waveform data includes retrieving, from computer-readable memory, first auxiliary waveform segment data representing a first bit of the input digital data and second auxiliary waveform segment data representing a second bit of the input digital data (ones and zeros extracted using bi-phase shift keying, see fig. 2 and col. 4 lines 8-48).
Regarding claim 8, Yamamoto discloses the method of claim 6 further including generating the modulation data by modulating a numerically controlled oscillator with FM audio data (col. 1 lines 25-49).
Regarding claim 9, Yamamoto discloses the method of claim 1 wherein the auxiliary waveform and the carrier signal are of a first frequency (57 kHz, col. 1 lines 25-49).
Regarding claim 10, Yamamoto discloses the method of claim 1 wherein at least a subset of the periods of the auxiliary waveform each represent one bit of the input digital data (bi-phase shift keying, col. 4 lines 8-48, wherein the subset comprises a single period of the auxiliary waveform).
Regarding claim 11, Yamamoto discloses the method of claim 1 wherein at least a subset of the periods of the auxiliary waveform each represent two or more bits of the input digital data (bi-phase shift keying, col. 4 lines 8-48, wherein the subset comprises 2 or more periods of the auxiliary waveform).
Regarding claim 12, Yamamoto discloses the method of claim 1 wherein each of the periods in which a phase of the auxiliary waveform lags a phase of the carrier signal represents a first binary value within the input digital data (bi-phase shift keying, col. 4 lines 8-48).
Regarding claim 13, Yamamoto discloses the method of claim 12 wherein each of the periods in which a phase of the auxiliary waveform leads a phase of the carrier signal represents a second binary value within the input digital data (bi-phase shift keying, col. 4 lines 8-48).
Regarding claim 14, Yamamoto discloses the method of claim 2 wherein a first layering signal of the one or more layering signals is of a first phase such that a power of the first layering signal is substantially zero upon initiation of summing of the first layering signal to the carrier signal (orthogonal to each other, col 1 lines 24-49).
Regarding claim 17, Yamamoto discloses the method of claim 2 wherein the carrier signal is of a first phase and a first frequency and wherein a first layering signal of the one or more layering signals is of the first frequency and a second phase different from the first phase (signals are orthogonal, col. 1 lines 25-49).
Regarding claim 18, Yamamoto discloses the method of claim 2 wherein the carrier signal is of a first phase and a first frequency and a first layering signal of the one or more layering signals is of a second frequency, the second frequency being an integral multiple of the first frequency (sub-carriers, col. 1 lines 25-49).
Regarding claim 19, Yamamoto discloses a method, comprising:
receiving a multi-component analog signal generated from a modulated signal and an auxiliary waveform encoding input digital data, the auxiliary waveform having an amplitude corresponding to a summation of one or more layering signals and a carrier signal (col. 3 line 57 – col. 4 line 7);
generating digital samples of the multi-component analog signal (fig. 1 A/D converter 52);
mixing the digital samples of the multi-component analog signal with digital samples of a carrier signal associated with the modulated signal to create a downconverted signal (fig. 1 PLL synchronizing detection 53); and
decoding the downconverted signal to obtain estimates of the input digital data (fig. 1 differential decode 56).
Regarding claim 20, Yamamoto disclose the method of claim 19 further including recovering the carrier signal from the digital samples of the multi-component analog signal (57 kHz, col. 4 lines 8-48).
Regarding claim 21, Yamamoto discloses he method of claim 20 further including recovering a carrier of the auxiliary waveform based upon the downconverted signal (RDS data, col. 3 line 57 – col. 4 line 7).
Regarding claim 22, Yamamoto discloses the method of claim 21 wherein the modulated signal consists of a frequency modulated (FM) signal and wherein the decoding includes comparing a phase of the downconverted signal to a phase of the carrier of the auxiliary waveform (bi-phase shift keying, col. 4 lines 8-48).
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.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto.
Regarding claims 15 and 16, Yamamoto discloses the method of claim 2, but fails to disclose the amplitudes of the one or more layering signals are less than 5% of the amplitude of the carrier signal.
Examiner takes official notice that multiplexing data signals of a much lower amplitude than the carrier signal during frequency modulation was notoriously well known in the art at the time of effective filing.
It would have been obvious at the time of effective filing to a person of ordinary skill in the art to modify the method of Yamamoto to include the amplitudes of the one or more layering signals are less than 5% of the amplitude of the carrier signal, for the conventional benefit of reducing interference by said layering signals during transmission.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC D SALTARELLI whose telephone number is (571)272-7302. The examiner can normally be reached 9:00 am - 5:00 pm EST.
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/DOMINIC D SALTARELLI/ Primary Examiner, Art Unit 2421
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