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 .
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.
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,456,797. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 15 of the instant invention is merely broader and encompassed by the conflicting patent claim.
Instant Invention
USP 12,456,797
15. (Original) A smartphone including a ten element dual band MIMO antenna, comprising:
a smartphone housing;
a battery including a battery ground terminal and a battery voltage terminal, wherein the battery is located within the smartphone housing;
a radio frequency (RF) circuit located within smartphone housing, the RF circuit including at least:
a power amplifier connected to the ground terminal and the voltage terminal;
a low noise amplifier connected to the power amplifier;
a mixer operatively connected to the power amplifier and the low noise amplifier;
an RF circuitry voltage output terminal and an RF circuitry ground terminal;
a ten element dual band multiple-input multiple-output (MIMO) antenna located within the smartphone housing, wherein the ten element dual band MIMO antenna is configured as ten single element dual band antennas, wherein each antenna element of the ten single element dual band antennas is connected to the RF circuitry ground terminal;
ten T-shaped feed structures, wherein each of the T-shaped feed structures is connected to a feed port, wherein each feed port is connected to the RF circuitry voltage output terminal;
wherein the RF circuitry is configured to generate electrical signals and each antenna element of the ten element dual band MIMO antenna is configured to radiate at a resonant frequency of about 3.5 GHz in response to the electrical signals received at its respective feed port.
12. A smartphone including a twelve element dual band multiple-input multiple-output (MIMO) antenna, comprising:
a smartphone housing;
a battery including a battery ground terminal and a battery voltage terminal, wherein the battery is located within the smartphone housing;
a radio frequency (RF) circuitry located within smartphone housing, the RF circuitry including at least:
a power amplifier connected to the battery ground terminal and the battery voltage terminal;
a low noise amplifier connected to the power amplifier;
a mixer operatively connected to the power amplifier and the low noise amplifier;
an RF circuitry voltage output terminal and an RF circuitry ground terminal;
a twelve element dual band MIMO antenna located within the smartphone housing, wherein the twelve element dual band MIMO antenna is configured as twelve single element dual band antennas, wherein each antenna of the twelve single element dual band antennas is connected to the RF circuitry ground terminal,
wherein each single element dual band antenna comprises a meandered slot line having a first arm and a second arm, wherein the first arm is separated from the second arm by a slit; and twelve T-shaped feed structures, wherein each of the T-shaped feed structures is connected to a feed port, wherein each feed port is connected to the RF circuitry voltage output terminal;
wherein the RF circuitry is configured to generate electrical signals and each antenna of the twelve element dual band MIMO antenna is configured to radiate from the first arm at a resonant frequency of about 2.4 GHz and to radiate from the second arm at a resonant frequency of about 3.5 GHz in response to the electrical signals received at its respective feed port,
wherein the first arm comprises:
a first leg perpendicular to the bottom side, wherein a first end of the first leg is connected to the ground plane and a second end of the first leg is located near an upper end of a respective side wall;
a second leg having a first end connected to a second end of the first leg, wherein the second leg is perpendicular to the first leg and wherein the second leg is configured to extend towards the second arm;
a third leg having a first end connected to a second end of the second leg, wherein the third leg is perpendicular to the second leg, wherein the third leg is configured to extend towards the bottom side;
a fourth leg having a first end connected to a second end of the third leg, wherein the fourth leg is parallel to the bottom side and is configured to extend towards the second arm; and
a fifth leg having a first end connected to a second end of the fourth leg, wherein the fifth leg is perpendicular to the fourth leg, wherein the fifth leg is configured to extend from the bottom side towards the upper end of the respective side wall,
a sixth leg connected to and perpendicular to the fifth leg, wherein the sixth leg extends towards second arm and ends at the slit.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 reciting “the straight leg” is indefinite for lacking antecedent basis. It appears this claim should depend on claim 16, which recites “a straight leg”.
There should be a clear recitation of interrelated structure in order to provide a complete and operable smartphone.
Allowable Subject Matter
Claims 4, 6-14 and 16-20 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.
Liu (US 9735476)
Choudhury (US 7830312)
Gu (US 11223103)
Cheng (US 9190728)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HASAN ISLAM whose telephone number is (571)270-1719. The examiner can normally be reached Mon-Thu 9AM-7PM EST.
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/HASAN ISLAM/Primary Examiner, Art Unit 2845
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