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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/18/2025 and 01/14/2026 have been considered and placed on record.
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 1-5, 8-12 and 14-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-6, 10, 16, 18 and 19 of U.S. Patent No. 12,301,315 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because:
The subject matter indicated in claim 1 of the instant application is taught in claim 1 of the ‘315 patent.
The subject matter indicated in claim 2 of the instant application is taught in claim 1 of the ‘315 patent.
The subject matter indicated in claim 3 of the instant application is taught in claim 1 of the ‘315 patent.
The subject matter indicated in claim 4 of the instant application is taught in claim 1 of the ‘315 patent.
The subject matter indicated in claim 5 of the instant application is taught in claim 3 of the ‘315 patent.
The subject matter indicated in claim 8 of the instant application is taught in claim 4 of the ‘315 patent.
The subject matter indicated in claim 9 of the instant application is taught in claim 5 of the ‘315 patent.
The subject matter indicated in claim 10 of the instant application is taught in claim 6 of the ‘315 patent.
The subject matter indicated in claim 11 of the instant application is taught in claim 16 of the ‘315 patent.
The subject matter indicated in claim 12 of the instant application is taught in claim 16 of the ‘315 patent.
The subject matter indicated in claim 14 of the instant application is taught in claim 18 of the ‘315 patent.
The subject matter indicated in claim 15 of the instant application is taught in claim 19 of the ‘315 patent.
The subject matter indicated in claim 16 of the instant application is taught in claim 10 of the ‘315 patent.
The subject matter indicated in claim 17 of the instant application is taught in claim 10 of the ‘315 patent.
The subject matter indicated in claim 18 of the instant application is taught in claim 10 of the ‘315 patent.
It would have been obvious to one of ordinary skill in the art at the time of the application to modify claims 1, 3-6, 10, 16, 18 and 19 of the ‘315 patent to teach the exact subject matter in claims 1-5, 8-12 and 14-18 of the instant application, thereby having a more efficient claim language.
Allowable Subject Matter
Claims 6, 7, 13, 19 and 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2019/0052381 A1 teaches a system for detecting passive intermodulation (PIM) interferences in uplink signals of a base station.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FITWI Y HAILEGIORGIS whose telephone number is (571)270-1881. The examiner can normally be reached M-F 10AM-6PM.
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FITWI Y. HAILEGIORGIS
Primary Examiner
Art Unit 2632
/FITWI Y HAILEGIORGIS/Examiner, Art Unit 2632
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