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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 6/20/25 & 1/21/26 are being considered by the examiner.
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.
Claim(s) 1, 3, 5-6, 9, 11 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Narhi (US 2010/0007442).
With respect to claim 1,
Figure 4 of Narhi discloses a radio frequency (RF) filter in a wireless communication system, the RF filter comprising:
a housing (410, 415, 430);
a cover for the housing (430); and
at least one resonance unit disposed in the housing (Paragraph 30), wherein at least one tuning structure (440) is formed in the cover, and
wherein the at least one tuning structure is configured to move up and down with respect to the cover (Paragraph 31).
With respect to claim 3,
Narhi further teaches wherein the at least one tuning structure is integrally formed with the cover (see Figure 4).
With respect to claim 5,
Narhi further teaches wherein each tuning structure is configured to move independently (see Figure 4).
With respect to claim 6,
Narhi further teaches wherein the tuning structure comprises one or more metal cavities, and wherein each of the one or more metal cavities corresponds to a resonator (Paragraphs 30 and 38).
With respect to claim 9,
Narhi further teaches wherein the tuning structure (440) is connected to the cover through a fixator (461, 462), and wherein the tuning structure comprises a movable arrangement with respect to the fixator (see Figure 4 and Paragraph 31).
With respect to claim 11,
Narhi further teaches wherein a resonance frequency of the RF filter depends on a distance between the tuning structure and a resonator of the resonance unit (Paragraph 31).
With respect to claim 12,
Narhi further teaches wherein the tuning structure (440) is located in a region of the cover, and wherein the region is flexibly deformable such that a distance to a resonator of the resonance unit is variable (see Figure 4).
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 1-4 and 6-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6-12 of U.S. Patent No. 12,362,448. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 of ‘448 teaches similar subject matter as that of claims 1 of the present invention.
Instant Application 19244508
Patent Number 12,362,488
1. A radio frequency (RF) filter in a wireless communication system, the RF filter comprising:
a housing;
a cover for the housing; and
at least one resonance unit disposed in the housing,
wherein at least one tuning structure is formed in the cover, and
wherein the at least one tuning structure is configured to move up and down with respect to the cover.
1. A radio frequency (RF) filter in a wireless communication system, the RF filter comprising:
a structure comprising a resonance unit; and
a cover plate at which a tuning structure is formed,
wherein the tuning structure is disposed in at least a partial region of an opening in the cover plate, and
wherein the tuning structure comprises is configured to move up and down in respect to the cover plate through the opening in the cover plate.
2. The RF filter of claim 1,
wherein a tuning structure of the at least one tuning structure is disposed on at least a partial region of an opening in the cover,
wherein the tuning structure is formed from at least a portion of a member corresponding to the opening in the cover, and
wherein the member comprises at least one region connected to the cover.
2. The RF filter of claim 1,
[see claim 1 above]
wherein the tuning structure is formed by at least a portion of a member corresponding to the opening in the cover plate, and
wherein the member comprises at least one region connected to the cover plate.
3. The RF filter of claim 1,
wherein the at least one tuning structure is integrally formed with the cover.
3. The RF filter of claim 1,
wherein the tuning structure is integrally formed with the cover plate.
4. The RF filter of claim 1,
wherein the cover comprises a metal plate.
4. The RF filter of claim 1,
wherein the cover plate comprises a metal plate, and
wherein the tuning structure comprises at least a portion of the metal plate corresponding to the opening.
6. The RF filter of claim 1,
wherein the tuning structure comprises one or more metal cavities, and
wherein each of the one or more metal cavities corresponds to a resonator.
6. The RF filter of claim 1,
wherein the structure comprises one or more metal cavities and a resonator disposed in each of the one or more metal cavities.
7. The RF filter claim 1,
wherein the tuning structure further comprises:
a filter board, and
a resonance substrate in which the at least one resonance unit is formed as a single layer, and
wherein the resonance substrate is disposed between the cover and a filter board.
7. The RF filter of claim 1,
wherein the structure comprises
a resonance substrate in which one or more resonators are formed as a single layer, and
wherein the resonance substrate is disposed between the cover plate and a filter board.
8. The RF filter of claim 7, wherein the tuning structure in the cover is disposed in a region corresponding to a position of a resonator of the resonance unit on the filter board.
8. The RF filter of claim 1, wherein the tuning structure on the cover plate is disposed in a region corresponding to a position of a resonator of the resonance unit on a filter board.
9. The RF filter of claim 1,
wherein the tuning structure is connected to the cover through a fixator, and wherein the tuning structure comprises a movable arrangement with respect to the fixator.
9. The RF filter of claim 1,
wherein the tuning structure is connected to the cover plate through a fixator, and wherein the tuning structure comprises a movable arrangement with respect to the fixator.
10. The RF filter of claim 9,
wherein the tuning structure comprises a see-saw structure having a first end and a second end, and
wherein the first end and the second end are symmetrically arranged with respect to the fixator.
10. The RF filter of claim 9,
wherein the tuning structure comprises structures having a see-saw structure comprising a first end and a second end, and
wherein the first end of the see-saw structure of the tuning structure is arranged to be symmetrical with the second end of the see-saw structure of the tuning structure with respect to the fixator.
11. The RF filter of claim 1,
wherein a resonance frequency of the RF filter depends on a distance between the tuning structure and a resonator of the resonance unit.
11. The RF filter of claim 1,
wherein a resonance frequency of the RF filter depends on a distance between the tuning structure and a resonator of the resonance unit.
12. The RF filter of claim 1,
wherein the tuning structure is located in a region of the cover, and
wherein the region is flexibly deformable such that a distance to a resonator of the resonance unit is variable.
12. The RF filter of claim 1,
wherein the tuning structure corresponds to one region of the cover plate, and
wherein the one region is flexibly disposed such that a distance to a resonator of the resonance unit is variable.
Allowable Subject Matter
Claim 13 appears to comprise allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jany Richardson whose telephone number is (571)270-5074. The examiner can normally be reached Monday - Friday, 7:30am to 3:30pm.
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/JANY RICHARDSON/ Primary Examiner, Art Unit 2845
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