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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`13/590,423
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`08/21/2012
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`Aleksandar Modrag Tasic
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`121973
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`9482
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`23696
`7590
`04/18/2014
`QUALCOMM INCORPORATED
`5775 MOREHOUSE DR.
`SAN DIEGO, CA 92121
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`EXAMINER
`TRAN, KHANH c
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`PAPER NUMBER
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`ART UNIT
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`2631
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`NOT *ICATION DATE
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`DELIVERY MODE
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`04/ 1 8/2014
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`us-docketing @ qualcomm.c0m
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`PTOL—90A (Rev. 04/07)
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`i
`1
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`INTEL 1414
`INTEL 1414
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`Applicant(s)
`Application No.
` 13/590,423 TASIC ET AL.
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`AIA (First Inventorto File)
`Art Unit
`Examiner
`Office Action Summary
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`KHANH c. TRAN first“ 2631
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX () 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, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`In no event, however, may a reply be timely filed
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`Status
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`1)IXI Responsive to communication(s) filed on 2/6/2014.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:| This action is non-final.
`a)IXl This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I 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 Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)|XI 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.
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`7)IZ| Claim(s
`1 11 12 17and 19is/are rejected.
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`8)IZ| Claim(s) 2-10 13- 16 18 and 20 is/are objected to.
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`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
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`participating intellectual property office for the corresponding application. For more information, please see
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`
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`://www.usoto. ov/ atentS/init events"
`h/index.‘s orsend an inquiry to PF"I-Ifeedback{<‘buspto.qov.
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`htt
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 8/21/2012 is/are: a)lZl accepted or b)I:I 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
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`b)I:I Some” c)I:I None of the:
`a)I:I All
`1.|:| Certified copies of the priority documents have been received.
`2.|:| Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`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.
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`Attachment(s)
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`
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`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
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`.
`—
`4) I:I Other'
`2) E InformatIon DIscIosure Statement(s) (PTO/SB/08a and/or PTO/SB/Osb)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
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`Office Action Summary
`1
`1
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`Part of Paper No./Mai| Date 20140414
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`Application/Control Number: 13/590,423
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`Page 2
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`Art Unit: 2631
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`DETAILED ACTION
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`1. The present application is being examined under the pre-AlA first to invent
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`provisions.
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`2. The Amendment filed on 2/6/2014 has been entered. Claims 1-20 are still
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`pending in this Office action.
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`Response to Arguments
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`3. Applicant’s arguments, see Applicants’ Remarks, filed 2/6/2014, with respect
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`to the rejection(s) of claim(s) 1, 7, 17 and 19 under 35 U.S.C. 103(a) have been fully
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`considered and are persuasive. Therefore, the rejection has been withdrawn. However,
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`upon further consideration, a new ground(s) of rejection is made in view of Hirose U.S.
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`Patent 7,317,894 82.
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`Claim Rejections - 35 USC § 102
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`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 under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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 year prior to the date of application
`for patent in the United States.
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`4. Claims 1, 11-12 and 17 are rejected under pre-AlA 35 U.S.C. 102(b) as being
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`anticipated by Hirose U.S. Patent 7,317,894 82.
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`Application/Control Number: 13/590,423
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`Page 3
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`Art Unit: 2631
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`Regarding claim 1, Hirose discloses an apparatus (FIG. 6 digital broadcast
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`receiver) 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 provide a first output RF signal to a first load circuit when the first
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`amplifier stage is enabled (variable gain amplifier 15, corresponding to the claimed first
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`amplifier stage, receiving input RF signal (e.g. satellite wave signal and ground wave
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`signal) and providing an output to intermediate frequency demodulation stage (for
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`ground wave), which corresponds to the claimed first load circuit (see column 5 lines 1-
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`30 and FIG. 6) ;
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`the input RF signal comprising transmissions sent on multiple carriers at different
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`frequencies to a wireless device, the first output RF signal including at least a first
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`carrier of the multiple carriers (as recited above, the input RF signal comprising satellite
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`wave signal and ground wave signal (column 5 lines 1-4) and the output to intermediate
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`frequency demodulation stage for ground wave, corresponding to the claimed first
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`carrier of the multiple carriers);
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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 (variable gain amplifier 25, corresponding to the claimed
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`second amplifier stage, receiving input RF signal (e.g. satellite wave signal and ground
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`wave signal) and providing an output to intermediate frequency demodulation stage (for
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`satellite wave), which corresponds to the claimed second load circuit (see column 5
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`lines 1-30 and FIG. 6), the second output RF signal including at least a second carrier of
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`Application/Control Number: 13/590,423
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`Page 4
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`Art Unit: 2631
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`the multiple carriers different than the first carrier (as recited above, the input RF signal
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`comprising satellite wave signal and ground wave signal (column 5 lines 1-4) and the
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`output to intermediate frequency demodulation stage for satellite wave, corresponding
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`to the claimed second carrier of the multiple carriers).
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`m: the rejection is based on the assumption that both first and second
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`amplifier stages are enabled.
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`Regarding claim 11, Hirose further discloses an input matching circuit coupled to
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`the first and second amplifier stages and configured to receive a receiver input signal
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`and provide the input RF signal (FIG. 6 discloses a combination of a voltage control
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`type variable gain amplifier 33, a wave detection 35 and a control circuit 36 (see column
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`5 lines 5-20). The combination constitutes the input matching circuit as claimed).
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`Regarding claim 12, Hirose further discloses the input matching circuit being
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`tunable and comprising at least one adjustable circuit component (the combination of a
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`voltage control type variable gain amplifier 33, a wave detection 35 and a control circuit
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`36 is tunable and the voltage control type variable gain amplifier 33 is adjustable).
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`Regarding claim 17, claim is rejected on the same ground as for claim 1 because
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`of similar scope.
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`Application/Control Number: 13/590,423
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`Page 5
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`Art Unit: 2631
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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
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`for all obviousness rejections set forth in this Office action:
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`(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
`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.
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`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 under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`5. Claim 19 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
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`over Hirose U.S. Patent 7,317,894 B2.
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`Regarding claim 19, claim is rejected on the same ground as for claim 1 because
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`of similar scope. However, Hirose does not disclose the first mean for amplifying and
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`the second mean for amplifying as set forth in the application claim. As recited in claim
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`1 rejection, because variable gain amplifier 15 and variable gain amplifier 25 as
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`disclosed in FIG. 6 perform similar amplification of the first input RF signal, therefore,
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`Application/Control Number: 13/590,423
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`Page 6
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`Art Unit: 2631
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`one of ordinary skill in the art at the time the invention was made would have
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`recognized the interchangeability of the variable gain amplifier 15 and variable gain
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`amplifier 25 for the claimed first means for amplifying and the claimed second means for
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`amplifying.
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`Allowable Subject Matter
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`6. Claims 2—10, 13-16, 18 and 20 are objected to as being dependent upon a
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`rejected base claim, but would be allowable if rewritten in independent form including all
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`of the limitations of the base claim and any intervening claims.
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`Conclusion
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`7. Applicant's amendment necessitated the new ground(s) of rejection presented
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`in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(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 event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`Application/Control Number: 13/590,423
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`Page 7
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`Art Unit: 2631
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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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`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 date of this final action.
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`8. The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`Maruta et al. U.S. Patent Application Publication No. US 2007/0177656 A1.
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`9. Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to KHANH C. TRAN whose telephone number is (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 number for
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`the organization where this application or proceeding is assigned is 571 -273-8300.
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`Application/Control Number: 13/590,423
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`Page 8
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`Art Unit: 2631
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`KCT
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`/KHANH C TRAN/
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`Primary Examiner, Art Unit 2631
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`