DETAILED ACTION
Notice of 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 .
Claim Objections
Claim 14 objected to because of the following informalities: “the and the”.
Appropriate correction is required.
Please note, informality exists in parent patent claim 13 stated in Statutory Double Patenting Rejection.
Specification
The disclosure is objected to because of the following informalities: “the and the” in ¶ [0019] & ¶ [0225].
Appropriate correction is required.
Please note, informality exists in parent patent specification stated in Statutory Double Patenting Rejection.
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.
Claims 14 & 19 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 13 and 21 of prior U.S. Patent No. 12,307,967 B2. This is a statutory double patenting rejection.
Allowable Subject Matter
Claims 1-13, 15-18, & 20 allowed.
Reasons include that Ota (CN 103065582 A), fig. 5 and corresponding disclosure teaches the circuitry in its entirety except for the last limitation of independent claims 1 and 15:
PNG
media_image1.png
71
794
media_image1.png
Greyscale
Therefore, independent claims 1 and 15 are in condition for allowance, and as a result, dependent claims 2-13, 16-18, and 20 are also in condition for allowance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Duane N. Taylor Jr. whose telephone number is (571) 272-4703. The examiner can normally be reached Monday- Saturday [5:30am- 10pm].
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Temesghen Ghebretinsae can be reached at (571) 272-3017. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Duane N. Taylor Jr.
Primary Patent Examiner
Art Unit 2626
/DUANE N TAYLOR JR/Primary Patent Examiner, Art Unit 2626