DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of claims 1-7 in the reply filed on 8/17/26 is acknowledged. The traversal is on the ground(s) that there is no undue search burden. This is not found persuasive because in the instant case, the subcombinations I and II have separate utility, such as each of the said devices do not require particulars of the others, resulting in an undue search burden.
The requirement is still deemed proper and is therefore made FINAL.
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 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 21-27 of U.S. Patent No. 12,600,140. Although the claims at issue are not identical, they are not patentably distinct from each other because they are not patentably distinct from each other because all the limitations of the instant application's claim are anticipated or rendered obvious by the limitations of the issued patent's claims as demonstrated with the independent claims in the Table below.
Furthermore, dependent claims 22-27 of the issued patent mirror and
anticipate claims 2-7 of the instant application (wherein claims 22-27 read on claims 2-7, respectively).
Instant Application
19/189004
Parent Patent
US 12,300,140
Differences/Discussion
A method for transmitting data by a first integrated circuit, the method comprising:
A method for transmitting data by a first integrated circuit, the method comprising
Claims are identical
except for the bolded
text of Parent patent.
Instant application is
broader than Parent
Patent. Parent Patent
anticipates Instant
Application.
encoding a first protocol signal including a configuration data
encoding a first protocol signal including configuration data using a direct current (DC) balance code
transmitting the encoded first protocol signal including the configuration data, at a first transmission rate, to a second integrated circuit; and transmitting a second protocol signal, at a second transmission rate higher than the first transmission rate, to the second integrated circuit
transmitting the encoded first protocol signal including the configuration data, at a first transmission rate, to a second integrated circuit; and transmitting a second protocol signal, at a second transmission rate higher than the first transmission rate, to the second integrated circuit,
wherein the encoded first protocol signal includes a bit start/end bits or a symbol disposed before and after the configuration data.
wherein the encoded first protocol signal includes a bit or a symbol disposed before and after the configuration data;
and the configuration data includes data for setting an environment for transmitting the second protocol signal at the second transmission rate.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim (US 2019/0197987).
Regarding claim 1, Kim discloses a method for transmitting data by a first integrated circuit (210, fig. 2), the method comprising:
encoding a first protocol signal (see Link1 in para. 119-120, 66; wherein e.g. the link data represents a specific pattern) including a configuration data (see para. 61-62 and claim 10 on page 8);
transmitting the encoded first protocol signal including the configuration data, at a first transmission rate (para. 122), to a second integrated (220, fig. 2) circuit (para. 60); and
transmitting a second protocol signal (Link2 in para. 121-122), at a second transmission rate higher than the first transmission rate (para. 122; wherein Link2 has twice the frequency of Link1), to the second integrated circuit (para. 60),
wherein the encoded first protocol signal includes start/end bits (see para. 120 and fig. 6A) or a symbol disposed before and after the configuration data (para. 60-61).
Regarding claim 2, Kim discloses wherein the encoded first protocol signal includes a start bit (see first zero in SYMa in fig. 6A) disposed before the configuration data (see middle numbers of SYMa in fig. 6A) and an end bit (see last 0 in SYMa in fig. 6A) disposed after the configuration data, when the first protocol signal is encoded using a Manchester code of a direct current (DC) balance code (para. 75; wherein dc balances codes are used).
Regarding claim 3, Kim discloses wherein the encoded first protocol signal includes a start symbol (see first zero in SYMa in fig. 6A) disposed in the configuration data (see middle numbers of SYMa in fig. 6A) and an end symbol (para. 75; wherein dc balances codes are used) disposed after the configuration data, when the first protocol signal is encoded using an 8B 1OB code of a direct current (DC) balance code (para. 74-75).
Regarding claim 4, Kim discloses wherein the configuration data includes header data (para. 66) corresponding to information related to the configuration data (para. 59-61) and checksum data (para. 112).
Regarding claim 5, Kim discloses wherein the encoded first protocol signal includes a preamble signal (para. 61-62; wherein the link data sends information), and
the preamble signal is transmitted, at the first transmission rate (para. 122), to the second integrated circuit (para. 60), before transmitting the configuration data signal (para. 60-61).
Regarding claim 6, Kim discloses wherein the preamble signal comprises at least one of a first data bit corresponding to a binary numeral "1" and a second data bit corresponding to a binary numeral "0" regularly (see para. 120 and fig. 6A).
Regarding claim 7, Kim discloses wherein the first protocol signal is transmitted at the first transmission rate through a first communication line (para. 122, 60), and
the second protocol signal is transmitted at the second transmission rate higher than the first transmission rate through a second communication line (para. 122, 60).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBIN J MISHLER whose telephone number is (571)270-7251. The examiner can normally be reached 8:00-5:00 M-F.
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/ROBIN J MISHLER/Primary Examiner, Art Unit 2628
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