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`UNITED STATES PATENT AND TRADEMARKOFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`
`
`
` CONFIRMATIONNO.
`
`13/590,423
`
`08/21/2012
`
`Aleksandar Modrag Tasic
`
`121973
`
`9482
`
`23696
`7590
`04/18/2014
`QUALCOMM INCORPORATED
`5775 MOREHOUSEDR.
`SAN DIEGO, CA 92121
`
`EXAMINER
`TRAN, KHANH C
`
`PAPER NUMBER
`
`ART UNIT
`
`2631
`
`
`
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/18/2014
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period forreply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`us-docketing @qualcomm.com
`
`PTOL-90A (Rev. 04/07)
`
`=j<
`
`INTEL 1014
`
`

`

`
`
`
`
`Office Action Summary
`
`Application No.
`Applicant(s)
`13/590,423
`TASIC ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`KHANH C. TRAN
`2631
`ce
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`
`
`Disposition of Claims*
`5)K] Claim(s) 1-20 is/are pending in the application.
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`
`7)K] Claim(s) 1,11,12,17 and 19 is/are rejected.
`
`8)X] Claim(s) 2-10,13-16,18 and 20 is/are objected to.
`
`9)L] Claim(s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`or send an inquiry to PPHfeedback@uspto. doy.
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply betimely filed
`
`-
`-
`
`Status
`1)X] Responsive to communication(s) filed on 2/6/2014.
`L] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon_.
`2a)X] This action is FINAL.
`2b)LJ This action is non-final.
`3)L] An election was made bythe applicant in response to a restriction requirementset forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`4)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Application Papers
`10)C] The specification is objected to by the Examiner.
`11)] The drawing(s)filed on 8/21/2012 is/are: a)X] accepted or b)[_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)[] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)LJ All
`b)[_] Some** c)[] None ofthe:
`1.0] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) X Notice of References Cited (PTO-892)
`.
`.
`2) xX] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`;
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`-1-
`
`3) CT Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`4) LJ other:
`.
`
`.
`
`Part of Paper No./Mail Date 20140414
`
`

`

`Application/Control Number: 13/590,423
`Art Unit: 2631
`
`Page 2
`
`DETAILED ACTION
`
`1. The present application is being examined underthe pre-AlA first to invent
`
`provisions.
`
`2. The Amendment filed on 2/6/2014 has been entered. Claims 1-20 arestill
`
`pendingin this Office action.
`
`Response to Arguments
`
`3. Applicant’s arguments, see Applicants’ Remarks, filed 2/6/2014, with respect
`
`to the rejection(s) of claim(s) 1, 7, 17 and 19 under 35 U.S.C. 103(a) have been fully
`
`considered and are persuasive. Therefore, the rejection has been withdrawn. However,
`
`upon further consideration, a new ground(s) of rejection is made in view of Hirose U.S.
`
`Patent 7,317,894 B2.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of pre-AlA 35 U.S.C.
`
`102 that form the basis for the rejections under this section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country
`or in public use or on sale in this country, more than one yearprior to the date of application
`for patent in the United States.
`
`4. Claims 1, 11-12 and 17 are rejected under pre-AlA 35 U.S.C. 102(b) as being
`
`anticipated by Hirose U.S. Patent 7,317,894 B2.
`
`

`

`Application/Control Number: 13/590,423
`Art Unit: 2631
`
`Page 3
`
`Regarding claim 1, Hirose discloses an apparatus (FIG. 6 digital broadcast
`
`receiver) comprising:
`
`a first amplifier stage configured to receive and amplify an input radio frequency
`
`(RF) signal and providea first output RF signalto a first load circuit when the first
`
`amplifier stage is enabled (variable gain amplifier 15, corresponding to the claimedfirst
`
`amplifier stage, receiving input RF signal (e.g. satellite wave signal and ground wave
`
`signal) and providing an output to intermediate frequency demodulation stage (for
`
`ground wave), which corresponds to the claimedfirst load circuit (see column 5 lines 1-
`
`30 and FIG. 6) ;
`
`the input RF signal comprising transmissions sent on multiple carriers at different
`
`frequencies to a wireless device, the first output RF signal including atleasta first
`
`carrier of the multiple carriers (as recited above, the input RF signal comprising satellite
`
`wave signal and ground wavesignal (column 5 lines 1-4) and the output to intermediate
`
`frequency demodulation stage for ground wave, corresponding to the claimedfirst
`
`carrier of the multiple carriers);
`
`and a second amplifier stage configured to receive and amplify the input RF
`
`signal and provide a second output RF signal to a second load circuit when the second
`
`amplifier stage is enabled (variable gain amplifier 25, corresponding to the claimed
`
`second amplifier stage, receiving input RF signal (e.g. satellite wave signal and ground
`
`wavesignal) and providing an output to intermediate frequency demodulation stage (for
`
`satellite wave), which corresponds to the claimed second loadcircuit (see column 5
`
`lines 1-30 and FIG. 6), the second output RF signal including at least a second carrier of
`
`

`

`Application/Control Number: 13/590,423
`Art Unit: 2631
`
`Page 4
`
`the multiple carriers different than the first carrier (as recited above, the input RF signal
`
`comprising satellite wave signal and ground wavesignal (column 5 lines 1-4) and the
`
`output to intermediate frequency demodulation stage for satellite wave, corresponding
`
`to the claimed second carrier of the multiple carriers).
`
`Note: the rejection is based on the assumptionthat both first and second
`
`amplifier stages are enabled.
`
`Regarding claim 11, Hirose further discloses an input matching circuit coupled to
`
`the first and second amplifier stages and configured to receive a receiverinput signal
`
`and provide the input RF signal (FIG. 6 discloses a combination of a voltage control
`
`type variable gain amplifier 33, a wave detection 35 and a control circuit 36 (see column
`
`5 lines 5-20). The combination constitutes the input matching circuit as claimed).
`
`Regarding claim 12, Hirose further discloses the input matching circuit being
`
`tunable and comprising at least one adjustable circuit component (the combination of a
`
`voltage control type variable gain amplifier 33, a wave detection 35 and a control circuit
`
`36 is tunable and the voltage control type variable gain amplifier 33 is adjustable).
`
`Regarding claim 17, claim is rejected on the same ground asfor claim 1 because
`
`of similar scope.
`
`

`

`Application/Control Number: 13/590,423
`Art Unit: 2631
`
`Page 5
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousnessrejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obviousat the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under pre-AlA 35 U.S.C. 103(a) are summarized asfollows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence presentin the application indicating
`
`obviousness or nonobviousness.
`
`5. Claim 19 is rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable
`
`over Hirose U.S. Patent 7,317,894 B2.
`
`Regarding claim 19, claim is rejected on the same ground asfor claim 1 because
`
`of similar scope. However, Hirose doesnotdisclosethe first mean for amplifying and
`
`the second meanfor amplifying as set forth in the application claim. As recited in claim
`
`1 rejection, because variable gain amplifier 15 and variable gain amplifier 25 as
`
`disclosed in FIG. 6 perform similar amplification of the first input RF signal, therefore,
`
`

`

`Application/Control Number: 13/590,423
`Art Unit: 2631
`
`Page 6
`
`one of ordinaryskill in the art at the time the invention was made would have
`
`recognized the interchangeability of the variable gain amplifier 15 and variable gain
`
`amplifier 25 for the claimed first means for amplifying and the claimed second means for
`
`amplifying.
`
`Allowable Subject Matter
`
`6. Claims 2-10, 13-16, 18 and 20 are objected to as being dependent upon a
`
`rejected base claim, but would be allowable if rewritten in independentform including all
`
`of the limitations of the base claim and any intervening claims.
`
`Conclusion
`
`7. Applicant's amendment necessitated the new ground(s) of rejection presented
`
`in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the eventa first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`

`

`Application/Control Number: 13/590,423
`Art Unit: 2631
`
`Page 7
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`8. The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Maruta et al. U.S. Patent Application Publication No. US 2007/0177656 A1.
`
`9. Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KHANH C. TRAN whosetelephone number is (571)272-
`
`3007. The examiner can normally be reached on Monday- Friday from 08:00 AM -
`
`05:00 PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Shuwang Liu can be reached on 571-272-3036. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 13/590,423
`Art Unit: 2631
`
`Page 8
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, seehttp://pair-direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`KCT
`
`/KHANH C TRAN/
`Primary Examiner, Art Unit 2631
`
`

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