DETAILED ACTION
Response to Amendment
The Applicant’s preliminary amendment filed 03/24/2026 has been entered. Claims 1-20 have been canceled. Claims 21-40 have been added. Claims 21-40 are pending in the Application.
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,321,295. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is at least fully disclosed in the reference patent.
Claim 21 of the instant application is anticipated by the patent’s claim 1 in that claim 1 of the patent contains all the limitation of claim 1 of the instant application. Please see table below for the claim comparison.
Further, the limitation of the other claims 22-40 are found with minor variations in the teaching of the patent claims 1-18.
Instant Application (19/202,552)
Patent No. 12,321,295
Claim 21: A method, comprising: writing, by a first device, a first write value to a bus, wherein a line of the bus is used for time-multiplexed clock and data communication;
Claim 1: A method, comprising:
writing, by a first device, a first write value to a bus, wherein a line of the bus is used for time-multiplexed clock and data communication;
reading, by the first device from the line of the bus, a first read value associated with a second write value written to the bus by a second device;
writing, by a second device, a second write value associated with the first write value written to the bus;
reading, by the first device, a first read value from the line of the bus;
and writing, by the first device, a response to the second device based, at least in part, on the first read value read from the bus, wherein the response is configured to calibrate communications on the bus.
writing, by the first device, a response to the second device based, at least in part, on the first read value read from the bus, wherein the response is configured to calibrate communications on the bus.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,657,010. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is at least fully disclosed in the reference patent.
Claim 21 of the instant application is anticipated by the patent’s claim 1 in that claim 1 of the patent contains all the limitation of claim 1 of the instant application. Please see table below for the claim comparison.
Further, the limitation of the other claims 22-40 are found with minor variations in the teaching of the patent claims 1-20.
Instant Application (19/202,552)
Patent No. 11,657,010
Claim 21: A method, comprising: writing, by a first device, a first write value to a bus, wherein a line of the bus is used for time-multiplexed clock and data communication;
Claim 1: A method comprising:
controlling a bus to facilitate communications between a plurality of devices, wherein a common line of the bus is used for time-multiplexed clock and data communication;
writing, by a first device, a first read timing value to the common line of the bus;
reading, by the first device from the line of the bus, a first read value associated with a second write value written to the bus by a second device;
reading, by the first device, a second read timing value associated with the first read timing value written to the common line of the bus, wherein the writing and reading occur within a same data row of the bus; and
and writing, by the first device, a response to the second device based, at least in part, on the first read value read from the bus, wherein the response is configured to calibrate communications on the bus.
determining a read timing associated with the first device based, at least in part, on the first and second read timing values, wherein the read timing associated with the first device is configured to control a read delay of the first device to calibrate communications on the bus from the first device to the first device.
Allowable Subject Matter
Claims 21-40 are regarded as comprising allowable subject matter and would be allowable upon filing and acceptance of the Terminal Disclaimer to overcome the set forth Double Patenting rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHONG H DANG whose telephone number is (571)272-0470. The examiner can normally be reached Monday-Friday 9:30AM - 6:00PM.
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/PHONG H DANG/Primary Examiner, Art Unit 2184
