`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`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
`
`QUALCOMM INCORPORATED
`
`5775 MOREHOUSEDR.
`SAN DIEGO, CA 92121
`
`[Le
`
`TRAN, KHANH C
`
`ART UNIT
`
`2631
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/26/2014
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, 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)
`
`-i-
`
`INTEL 1218
`
`
`
`
`
`Applicant(s)
`Application No.
` 13/590,423 TASIC ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`KHANH C. TRAN Na 2631
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available underthe 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).
`Anyreply 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 10/30/2014.
`L] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon__.
`2a)X This action is FINAL.
`2b)L] This action is non-final.
`3)L] An election was made bythe applicant in responseto a restriction requirementset forth during the interview on
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`; the restriction requirement and election have been incorporatedinto this action.
`4)[] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)KX] 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) Claim(s) 1,11,12,14,17 and 19 is/are rejected.
`)
`
`8)KX] Claim(s) 2-10,13,15,16,18 and 20 is/are objected to.
`
`9)L] Claim(s)
`are subjectto 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 PPHieedback@uspte.doy.
`isp
`
`Application Papers
`10)L] The specification is objected to by the Examiner.
`
`11)L] The drawing(s)filed on
`is/are: a)L_] accepted or b)L_] 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)[] Acknowledgment is 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)L] None ofthe:
`1.) 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 receivedin this National Stage
`application from the International Bureau (PCT Rule 1 7.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
` Attachment(s)
`
`3) | Interview Summary (PTO-413)
`1) C] Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`.
`.
`4 Ol Other:
`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
`
`Part of Paper No./Mail Date 20141220
`
`-1-
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`
`
`Application/Control Number: 13/590,423
`Art Unit: 2631
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`Page 2
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`DETAILED ACTION
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`1. The present application is being examined underthe pre-AlA first to invent
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`provisions.
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`2. The Amendmentfiled on 10/30/2014 has been entered. Claims 1-20 arestill
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`pending in this Office action.
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`Response to Arguments
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`3. Applicant's argumentsfiled 10/30/2014 have been fully considered but they
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`are not persuasive for the following reasons:
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`In response to Applicants’ arguments on page 7 that Regarding independentclaims
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`1 and 17, Applicant's independent claims 1 and 17 recite, inter alia, ‘fa first amplifier stage configured to
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`... amplify/amplifying ... with a first amplifier stage] ... when the first amplifier stage is enabled... and [a
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`second amplifier stage configured to ... amplify/amplifying ... with a second amplifier stage] ... when the
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`second amplifier stage is enabled," which is not disclosed in Kaukovuori”.”
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`The Examiner's response is that Kaukovuori FIG. 15 embodimentdiscloses that
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`RFIC1 amplifier and RFIC2 amplifier both are inherently enabled {Emphasis Added}
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`(see further in column 10 lines 22-46).
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`
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`Application/Control Number: 13/590,423
`Art Unit: 2631
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`Page 3
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`In response to Applicants’ arguments on page 8 that Kaukovuori discloses: one
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`potential method of receiving non-contiguous carrier aggregation signals is to receive
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`separate clusters of component carriers in separate receiver chains, each having a LO
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`signal of its own. This is depicted in FIG. 15, where Cluster 1 and Cluster 2 are each
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`handled by a separate respective receiver chain, as shown in FIG. 15. (Kaukovuori,
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`col.10, Ins. 23-28; emphasis added).
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`The Examiner's response is that Kaukovuori FIG. 15 embodiment, indeed,
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`teaches method of receiving non-contiguous carrier aggregation signals is to receive
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`separate clusters of component carriers in separate receiver chains, each having a LO
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`signal of its own. FIG. 15 discloses a Radio FrequencyIntegrated Circuit (RFIC1) 1
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`including a first amplifier stage LNA, corresponding to the claimedfirst amplifier stage,
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`to provide a first output RF signal (corresponding to the claimedfirst output RF signal, to
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`a digital data path (corresponding to the claimedfirst load circuit). Furthermore, FIG. 15
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`discloses a Radio Frequency Integrated Circuit (RFIC2) 2 including a second amplifier
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`stage LNA, corresponding to the claimed second amplifier stage, to provide a second
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`output RF signal (corresponding to the claimed second output RF signal, to a different
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`digital data path (corresponding to the claimed second loadcircuit). In column 10 lines
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`22-30, each separate received cluster (e.g. clusters 1 and 2) includes component
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`carries that correspond to the claimed atleasta first carrier of the multiple carrier and to
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`the claimed at least a secondcarrier of the multiple carrier.
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`
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`Application/Control Number: 13/590,423
`Art Unit: 2631
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`Page 4
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`In response to Applicants’ arguments on page 8 that when the clusters have unequal
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`bandwidths, the choice of bandwidth (BW) setups for both receiver chains may be performedin order to
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`reconfigure the receiver such that receiver performanceis optimal. Typically, the first branch may be
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`configured in a first mode to havea first bandpassfilter bandwidth to give first bandpassfiltered inphase
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`and quadrature components, and may be configured in a second mode to haveafirst lowpass
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`filter bandwidth to give first lowpassfiltered inphase and quadrature components. In the first mode, a
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`second branch maybe configured, for example as shownin FIG. 24 within the dashedlines, and for
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`example as shown in FIG. 10 or FIG. 11, to have a second bandpassfilter bandwidth, different from the
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`first bandpassfilter bandwidth, to give second bandpassfiltered inphase and quadrature components. In
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`the second mode, the first branch may be used as a conventional DCR receiver, for example to receive
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`single carrier or contiguous carrier signals, and the second branch, also referred to as an
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`additional branch, may be not used, for example by being disconnected or turned off. (Kaukovuori, col.
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`13, Ins. 28-46; emphasis added).
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`The Examiner's responseis that, as recited in last Office action, Kaukovuori FIG.
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`15 embodimentthe two clusters are each received with different bandwidthfilter (see
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`column 10, lines 22-53). Kaukovuori foregoing disclosure teachesthe claimed features
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`“at least a first carrier of the multiple carrier and to the claimed at least a second carrier
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`of the multiple carrier’. Applicants’ arguments using FIG. 10 FIG. 11 and FIG. 24 are
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`irrelevant since those figures represent different embodiments, which the current
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`rejection is not relied on, in Kaukovuori teachings.
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`In response to Applicants’ arquments on page 9 that
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`35 U.S.C. § 103(a) Obviousness Rejections NOTE: The rejection of claim 19 in the Office
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`Action appears to contain a typographical error. Specifically, the Office Action rejected claims 1, 11, 12,
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`
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`Application/Control Number: 13/590,423
`Art Unit: 2631
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`Page 5
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`14 and 17 under 35 U.S.C. § 102 based on a newly cited reference to Kaukovuori, however, the Office
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`Action appears, in error, to continue to recite Hirose, cited in the previous office action, in rejecting claim
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`19. Accordingly, Applicant assumes the Examiner meantto also reject claim 19 based on the newly cited
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`reference to Kaukovuori.
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`The Examiner's response is that the rejection did not contain any typographical
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`error as argued by Applicants. On the contrary, the rejection recites the correct
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`Kaukovuori reference for claim 19 under 35 U.S.C. 103(a) obviousnessrejection.
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`In response to Applicants’ arguments on page 10 that regarding independent claim 19,
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`Applicant's independent claim 19 includes claim elements not taught or suggestedin the cited reference.
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`Applicant's independent claim 19 recites, inter alia, "a first means for amplifying configured to amplify...
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`when the first means for amplifying is enabled ... and a second means for amplifying configured to amplify
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`... when the second meansfor amplifying is enabled." Applicant respectfully asserts that Kaukovuori does
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`not teach or suggest Applicant's invention as presently claimed in independentclaim 19.”.
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`The Examiner's response is that using the same discussion as recited above and
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`repeated here, Kaukovuori FIG. 15 embodimentdiscloses that RFIC1 amplifier and
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`RFIC2 amplifier both are inherently enabled {Emphasis Added} (see further in column
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`10 lines 22-46).
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`In response to Applicants’ arguments on pages 10-11 that Finality of Next Office
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`Action Precluded. Applicant has traversed the rejection of claims 1, 11, 12, 14, 17 and 19 by argument
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`
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`Application/Control Number: 13/590,423
`Art Unit: 2631
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`Page 6
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`and not amendment. Therefore, the finality of the next office action would be improper as Applicant
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`is entitled to an examination on the merits and to amend as a matter of right.
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`The Examiner’s responseis that although Applicants traversed the rejection of
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`claims 1, 11-12, 14, 17 and 19 by argument and not amendment, however, Applicant's
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`arguments are not persuasive for the reasons as discussed above. Since the
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`Examiner maintained the rejection of claims 1, 11-12, 14, 17 and 19 using the
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`same argumentsin the last Office action, this Office action is madefinal.
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`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of pre-AlA 35 U.S.C.
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`102 that form the basis for the rejections underthis section madein this Office action:
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`A person shall be entitled to a patent unless —
`
`(e) the invention was described in (1) an application for patent, published under section
`122(b), by another filed in the United States before the invention by the applicant for patent or
`(2) a patent granted on an application for patent by another filed in the United States before
`the invention by the applicant for patent, except that an international application filed under
`the treaty defined in section 351 (a) shall have the effects for purposes of this subsection of an
`application filed in the United States only if the international application designated the United
`States and was published under Article 21(2) of such treaty in the English language.
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`4. Claims 1, 11-12, 14 and 17 are rejected underpre-AlA 35 U.S.C. 102(e) as
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`being anticipated by Kaukovuori et al. U.S. Patent 8,442,473.
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`Regarding claim 1, Kaukovuori et al. discloses an apparatus (FIG. 15
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`embodiment) comprising:
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`a first amplifier stage configured to receive and amplify an input radio frequency
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`(RF) signal and providea first output RF signalto a first load circuit whenthe first
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`
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`Application/Control Number: 13/590,423
`Art Unit: 2631
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`Page 7
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`amplifier stage is enabled, the input RF signal employing carrier aggregation comprising
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`transmissions sent on multiple carriers at different frequencies to a wireless device, the
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`first output RF signal including at leastafirst carrier of the multiple carriers (Kaukovuori
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`et al. teaches a methodof receiving data transmitted via a combination of atleast a
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`plurality of radio frequency signals using carrier aggregation (see column2lines 44-
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`49). FIG. 15 discloses a Radio Frequency Integrated Circuit (RFIC1) 1
`
`including first
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`amplifier stage LNA to provideafirst output RF signal to a digital data path. The two
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`clusters are each received with different bandwidthfilter (see column 10, lines 22-53).
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`and a second amplifier stage configured to receive and amplify the input RF
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`signal and provide a second output RF signal to a second load circuit when the second
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`amplifier stage is enabled, the second output RF signal including at least a second
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`carrier of the multiple carriers different than the first carrier (similarly, FIG. 15 further
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`discloses a Radio Frequency Integrated Circuit (RFIC1) 1
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`including second amplifier
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`stage LNA to provide a second output RF signal to a digital data path. The two clusters
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`are each received with different bandwidthfilter (see column 10, lines 22-53)).
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`Regarding claim 11, Kaukovuori et al. further discloses an input matching circuit
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`coupledto the first and second amplifier stages and configured to receive a receiver
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`input signal and provide the input RF signal (FIG. 15 discloses an RF FEM coupled to
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`the RFIC1 and RFIC2 and configured to provide an RF input (see column 10 lines 25-
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`35).
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`
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`Application/Control Number: 13/590,423
`Art Unit: 2631
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`Page 8
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`Regarding claim 12, Kaukovuori et al. further discloses the input matching circuit
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`being tunable and comprising at least one adjustable circuit component (FIG. 15
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`discloses an RF FEM configured to split the RF input signal (see column 10 lines 25-
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`35).
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`Regarding claim 14, Kaukovuori et al. further disclosesthe first amplifier stage
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`configured to receive and amplify the input RF signal and providethefirst output RF
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`signal to the first load circuit when the first amplifier stage is enabled (as recited in claim
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`1 rejection, FIG. 15 discloses a Radio Frequency Integrated Circuit (RFIC1) 1
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`including
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`first amplifier stage LNAto provide a first output RF signal to a digital data path. The two
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`clusters are each received with different bandwidthfilter (see column 10, lines 22-53)).
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`and the second amplifier stage configured to receive and amplify the inout RF
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`signal and provide the second output RF signal to the second load circuit when the
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`second amplifier stage is enabled (similarly, FIG. 15 further discloses a Radio
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`Frequency Integrated Circuit (RFIC1) 1
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`including second amplifier stage LNAto provide
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`a second output RF signal to a digital data path. The two clusters are each received
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`with different bandwidthfilter (see column 10, lines 22-53))
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`Note: the rejection is based on the input RF signal (not a second input RF
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`signal).
`
`Regarding claim 17, claim is rejected on the same ground asfor claim 1 because
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`of similar scope.
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`
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`Application/Control Number: 13/590,423
`Art Unit: 2631
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`Page 9
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousnessrejections setforth 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 thistitle, 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
`obvious at 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
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`USPQ 459 (1966), that are applied for establishing a background for determining
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`obviousness underpre-AlA 35 U.S.C. 103(a) are summarized as follows:
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`1. Determining the scope and contentsof the prior art.
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`2. Ascertaining the differences betweenthe prior art and the claims atissue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence presentin the application indicating
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`obviousness or nonobviousness.
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`5. Claim 19 is rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable
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`over Kaukovuori et al. U.S. Patent 8,442,473.
`
`Regarding claim 19, claim is rejected on the same groundasfor claim 1 because
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`of similar scope. However, Kaukovuori et al. does not expressly disclose the first means
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`for amplifying and the second means for amplifying as set forth in the application claim.
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`Nevertheless, since FIG. 15 RFIC1 and RFIC2 employ LNAs (low noise amplifiers) as
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`
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`Application/Control Number: 13/590,423
`Art Unit: 2631
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`Page 10
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`amplifying stages, therefore, one of ordinary skill in the art at the time the invention was
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`made would have recognizedthe interchangeability of the LNAs, as taughtin
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`Kaukovuori et al. invention, for the claimed first means and second means for
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`amplifying.
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`Allowable Subject Matter
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`6. Claims 2-10, 13, 15-16, 18 and 20 are objected to as being dependent upon a
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`rejected baseclaim, but would beallowable if rewritten in independentform including all
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`of the limitations of the base claim and anyintervening claims.
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`Conclusion
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`7. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of
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`time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the eventa first replyis filed within
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`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
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`shortenedstatutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`
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`Application/Control Number: 13/590,423
`Art Unit: 2631
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`Page 11
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`the advisory action.
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`In no event, however,will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`8. Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to KHANH C. TRAN whosetelephone numberis (571)272-
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`3007. The examiner can normally be reached on Monday- Friday from 08:00 AM -
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`05:00 PM.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Shuwang Liu can be reached on 571-272-3036. The fax phone numberfor
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`the organization wherethis application or proceeding is assigned is 571-273-8300.
`
`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, see http://pair-direct.uspto.gov. Should
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`you have questions on accessto the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197(toll-free). If you would like assistance from a
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`
`KCT
`
`/KHANH C TRAN/
`Primary Examiner, Art Unit 2631
`
`
`
`Application/Control Number: 13/590,423
`Art Unit: 2631
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`Page 12
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`