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 .
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 8-11, are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to Lee 2003/0080899US in view of the US Patent to Esman 6,337,660US and further in view of the US Patent Application Publication to Aue 2018/0076869US.
In terms of Claim 1, Lee teaches an electronic device wireless circuitry ([0017]) comprising: a first light source configured (Figure 2: 200a) to generate a first optical local oscillator (LO) signal (200a is a laser source capable of providing oscillating light); a second light source (Figure 2: 200b) configured to generate a second optical LO signal (200b is a laser capable of providing oscillating light); an array of antennas (Figure 2: 240a-d; [0010]), each antenna in the array including a respective photodetector coupled to a respective antenna radiating element (Figure 2: 240a and 220a); first optical paths coupled to the rows of the array (Figure 2: along 270a from left to right); second optical paths (Figure 2: along 270b) coupled the array of antennas; first optical phase shifters (Figure 2: fibers 270a may act as phase shifters [0047]-[0048] by changing the length of fibers similar to 520 shown in Figure 5) disposed on the first optical paths and configured to output phase-shifted versions of the first optical LO signal on the first optical paths (Figure 2: 240a outputs a phase shift signal ([0011]); and second optical phase shifters (Figure 2: 270b wherein lengths of fibers can be adjusted to provide phase shift functions [0047]-[0048] which produces signals that are phase shifted [0011]) disposed on the second optical paths and configured to output phase-shifted versions of the second optical LO signal on the second optical paths (along 270b), the photodetectors in the array being configured to convey wireless signals using the antenna radiating elements based on the phase-shifted versions of the first optical LO signals and the phase-shifted versions of the second optical LO signals ([0011 or 0017] produces output RF signals which are wireless signals) wherein the light source 200b and 200a can provide light vertically and horizontally for application of different rows along the column or vertical dimension of the devices which meets the limitations “light coupled to columns of the array or light coupled to the rows of the array”.
Lee does not teach wherein the photodetectors are photodiodes and wherein the photodiode, and antennas are arranged in an array having rows and columns.
Esman does teach the photodetectors (Figure 2: 60 is arranged in columns and rows to match the antennas array 68) are photodiodes (Figure 3: 116 the photodetectors are photodiodes base structures; [Column 9, lines 55-60 or Column 10, lines 60-67]) and wherein the photodiode, and antennas are arranged in an array having rows and columns (Figure 3, 60 and 68).
It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the device of Lee to include an array that has multiple columns and rows in order to scale the device to be able to output a large number of channels, and to include an contains photodiodes as photodetectors in order to convert the optical signal to electrical signal that can be transmitted via an antennas array.
Lee / Esman do not teach “wherein the first optical phase shifters are configured to receive control signals that adjust optical phase shifts imparted by the first optical phase shifters over time”.
Aue does teach an optical phase array system using antennas (Figure 4 and [0009]) wherein the first optical phase shifters ([0003] and [0006-0009]) are configured to receive control signals (Figure 4: via 420; [0007] and [0040]) that adjust optical phase shifts imparted by the first optical phase shifters over time ([0007] and [0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Lee/Esman to include a control circuit outputting a control signal to control phase shifters to control a desired phase shifting for each optical path. This allows allow the array to process multiple signals and to control each phase of each optical path within the network more effectively especially when more complex phase shifting schemes are required.
As for Claim 2, Lee/Esman teaches the device of claim 1, further comprising: an optical modulator (Figure 2: 210a-b) configured to modulate wireless data onto the first optical LO signals for transmission via the wireless signals.
As for Claim 3, Lee/Esman teaches the device of claim 1, but is silent with respect to the usage of photodiode as photodetectors nor does it describe the device as capable of having receiving signal functionality.
Esman teaches the photodiodes (116) in the array are configured to transmit the wireless signals based on the phase-shifted versions of the first optical LO signals and the phase-shifted versions of the second optical LO signals (Figure 3, Column 3 wherein the antennas array is configured to transmit RF signals which are wireless signals and wherein 116 is a photodiode structure), wherein the photodetectors (Figure 2: 60 is arranged in columns and rows to match the antennas array 68) are photodiodes (Figure 3: 116 the photodetectors are photodiodes base structures; [Column 9, lines 55-60 or Column 10, lines 60-67]) and wherein the photodiode, and antennas are arranged in an array having rows and columns (Figure 3, 60 and 68) wherein the antennas array is capable of receiving signals as well (Column 2, lines 50-55).
It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the device of Lee to include an array that has multiple columns and rows in order to scale the device to be able to output a large number of channels. Further, such modification would have the ability to provide both transmitting and receiving functions allows the device to communicate bi-direction as input/output device thus reducing the need for additional dedicated channels.
As for Claim 4, Lee/Esman teaches the device of claim 1, wherein Lee teaches of the first optical phase shifters (path 270a) is configured to apply a respective optical phase shift on each of the first optical paths (Fibers 270a are capable of providing phase shifting functions by its fiber length [0047-0048]).
As for Claim 5, Lee/Esman teaches the device of claim 4, wherein each of the second optical phase shifters (path of 270b) is configured to apply a respective optical phase shift on each of the second optical paths (Fibers 270b are capable of providing phase shifting functions by fiber length [0047-0048]).
In terms of Claim 8, Lee teaches a method of wireless communication via an electronic device having wireless circuitry (Figure 2 and Figure 5; wireless transmission is done by 240 via RF signals [0011]) having an array of antennas (Figure 2: 240a-d) arranged in in an array, the antennas (Figure 2: 240a-d) having photodetectors (220a-d) and antenna radiating elements coupled to the photodetectors (Figure 2: 240a and 220a) , the method comprising: receiving, at the photodiodes in the antennas of each row in the array, a respective phase-shifted version of a first optical local oscillator (LO) signal (Figure 2: at 220a and [0011]); receiving, at the photodiodes in the antennas of a second path (Figure 2: 240b and 220b), a respective phase-shifted version of a second optical LO signal (along 270b path); and transmitting, via the antenna radiating elements, wireless signals based on the phase-shifted versions of the first optical LO signal and the phase-shifted versions of the second optical LO signal (at 240a and 240b; [0011]).
Lee does not teach wherein the photodetectors are photodiodes and wherein the photodiode, and antennas are arranged in an array having rows and columns.
Esman does wherein the photodetectors (Figure 2: 60 is arranged in columns and rows to match the antennas array 68) are photodiodes (Figure 3: 116 the photodetectors are photodiodes base structures; [Column 9, lines 55-60 or Column 10, lines 60-67]) and wherein the photodiode, and antennas are arranged in an array having rows and columns (Figure 3, 60 and 68).
It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the device of Lee to include an array that has multiple columns and rows in order to scale the device to be able to output a large number of channels.
Lee/Esman do not teach:
“applying, using first optical phase shifters, first optical phase shifts to the first optical LO signal;
applying, using second optical phase shifters, second optical phase shifts to the second optical LO signal;
and adjusting, using control signals, the first optical phase shifts and the second optical phase shifts to adjust a direction of a signal beam of the wireless signals formed by the antenna radiating elements over time”.
Aue does teach:
“applying, using first optical phase shifters, first optical phase shifts to the first optical LO signal (Figure 4: 420);
applying, using second optical phase shifters, second optical phase shifts to the second optical LO signal (Figure 4: 420 wherein 420 controls multiple branches of phase shifting signal pathways);
and adjusting, using control signals, the first optical phase shifts and the second optical phase shifts to adjust a direction of a signal beam of the wireless signals formed by the antenna radiating elements over time ([0006-0009])”.
It would have been obvious to one of ordinary skill in the art to modify the method of Lee/Esman to include a control circuit that is capable of managing the phase shifting of each other optical paths along the array and wherein the control circuit is also capable of controlling the RF direction of the signal to transmit to communication with other device wireless via the output end ([0006-0009]). This modification will allow the device to have greater control over each optical path and phase delay within a communication network having multiple devices communication with each other.
As for Claim 9, Lee/Esman teaches method of claim 8, further comprising modulating wireless data onto the first optical LO signal (Figure 2: 210a)
As for Claim 10, Lee/Esman teaches the method of claim 8, further comprising modulating wireless data onto the second optical LO signal (Figure 2: 210b).
As for Claim 11, Lee/Esman teaches method of claim 8, further comprising: using the antenna radiating elements to transmit / receive the wireless signals based on the phase-shifted versions of the first optical LO signal and the phase-shifted versions of the second optical LO signal (Figure 2: 240a-b; [0011]); wherein the photodiodes, using the antenna radiation elements to transmit the wireless signals base on the phase shifted versions of the first optical LO signal dn the phase shifted version of the second optical LO signal (Phase shifts is performed by modulator 210a [0011]; then the output is sent to antenna 240a-b from diodes 230a).
Lee does not teach wherein the photodetectors are photodiodes.
Esman does wherein the photodetectors (Figure 2: 60 is arranged in columns and rows to match the antennas array 68) are photodiodes (Figure 3: 116 the photodetectors are photodiodes base structures; [Column 9, lines 55-60 or Column 10, lines 60-67]) and wherein the photodiode, and antennas are arranged in an array having rows and columns (Figure 3, 60 and 68), wherein the device is capable of receiving functionality (Column 2, lines 50-55).
It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the device of Lee to include an contains photodiodes as photodetectors in order to convert the optical signal to electrical signal that can be transmitted via an antennas array. The modification to have receiving and transmitting properties allows the device to be more compact and reduce the need for individualize transmitting and receiving channels.
Claims 14-16, and 19, are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to Lee 2003/0080899US, in view of the US Patent to Green 6,574,021US, and further in view of the US Patent Application Publication to Aue 2018/0076869US.
In terms of Claim 14, Lee teaches an electronic device (Figure 2) comprising: a first antenna having a first photodetector (Figure 2: 240a and 220A), a first antenna (240a) radiating element coupled to the first photodetector (220a), and a first optical coupler coupled to the first photodetector (fiber 270a is coupled to 220a hence there must be coupler present to hold the fiber in place) ; a second antenna (240b) having a second photodetector (220b), a second antenna radiating element coupled to the second photodetector (Figure 2: 240b and 220b), and a second optical coupler (on 220b from 270b) coupled to the second photodetector (220b); and a first optical phase shifter (270a; [0011]) configured to generate a first phase-shifted signal on the first optical path by applying a first optical phase shift to a first optical local oscillator (LO) signal ([0011]), the first photodetector (220a) being configured to transmit first wireless signals using the first antenna radiating element based at least on the first phase-shifted signal (from 240a), and the second photodetector (220b) being configured to transmit second wireless signals using the second antenna radiating element based at least on the first phase-shifted signal (from 240b).
Lee does not teach wherein the first optical path is coupled to first optical coupler and second optical coupler; wherein a first optical path coupled to the first arm of the first optical coupler and the third arm of the second optical coupler; and a second optical path coupled to the second arm of the first optical coupler and the fourth arm of the second optical coupler and wherein the photodetectors are photodiodes arranged in an array of columns and rows.
Green does teach wherein a first optical path (Figure 2: at 441) coupled to the first arm of the first optical coupler (Figure 2: 25); and the third arm of the second optical coupler (at 851); and a second optical path (Figure 2: at 44H) coupled to the second arm (Figure 2: at 85H) of the first optical coupler (Figure 2: 25) and the fourth arm of the second optical coupler (Figure 2: 85h). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the coupler to have multiple branches of arms in order to scale the device to handle for input/output connections. Green also teaches wherein the photodetector are diodes (Column 19, lines 1-20) arranged in arrays which contains columns and rows (Column 19, lines 1-40). It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the device of Lee to include an contains photodiodes as photodetectors in order to convert the optical signal to electrical signal that can be transmitted via an antennas array
Lee / Green does not teach wherein the phase shift of the second antenna is based on the first phase signal wherein the first optical coupler comprises a first arm and a second arm, wherein the second coupler comprises a third arm and a fourth arms.
Aue does teach wherein the phase shift of the second antenna is based on the first phase signal wherein the first optical coupler comprises a first arm and a second arm, wherein the second coupler comprises a third arm and a fourth arms (See Figure 4: wherein controller 420 can designate desired phase delay; Thus, capable of designating any arms to have any desired phase delay). Thus, the prior art of Aue is capable of “wherein the phase shift of the second antenna is based on the first phase signal wherein the first optical coupler comprises a first arm and a second arm, wherein the second coupler comprises a third arm and a fourth arms” base on the operational function of the controller 420. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Lee to include a control circuit outputting a control signal to control phase shifters to control a desired phase shifting for each optical path. This allows allow the array to process multiple signals and to control each phase of each optical path within the network more effectively especially when more complex phase shifting schemes are required.
As for Claim 15, Lee / Green / Aue teaches the electronic device of claim 14, a second optical path (Figure 3: along 350) coupled to the first optical coupler (top coupler from 360); and a second optical phase shifter configured to generate a second phase-shifted signal on the second optical path by applying a second optical phase shift to a second optical LO signal (the fiber can function as a phase shifter similar to 270a; [0011]), the first photodiode being configured to transmit the first wireless signals using the first antenna radiating element based on the second phase-shifted signal (the phase shift length can set to second fiber length in order to sync the output signals as mention in Claim 14 rejections above).
PNG
media_image1.png
282
448
media_image1.png
Greyscale
As for Claim 16, Lee / Green / Aue teaches the electronic device of claim 15, further comprising: a third optical path coupled to the second optical coupler (See second row 350 coupled to 2nd photodetector from the top in 360); and the second photodetector being configured to transmit the second wireless signals using the second antenna radiating element based on the third phase-shifted signal (the phase shift length can set to second fiber length in order to sync the output signals as mention in Claim 14 rejections above);
Lee does not teach a third antenna having a third photodiode, a third antenna radiating element coupled to the third photodiode, and a third optical coupler coupled to the third photodiode and the second optical path; a fourth antenna having a fourth photodiode, a fourth antenna radiating element coupled to the fourth photodiode, and a fourth optical coupler coupled to the fourth photodiode and the fourth optical path, wherein the third photodiode is configured to transmit third wireless signals using the third antenna radiating element based at least on the second phase-shifted signal and the fourth photodiode is configured to transmit fourth wireless signals using the fourth antenna radiating element; wherein the third photodiode is configured to transmit the third wireless signals using the third antenna radiating element based on the fourth phase-shifted signal and the fourth photodiode is configured to transmit the fourth wireless signals using the fourth antenna radiating element based on the fourth phase-shifted signal.
Green does teach a third antenna having a third photodiode (Figure 1: 65 and 97), a third antenna radiating element coupled to the third photodiode (Figure 2: ends of 65 performs radiating functions while 95 is a photodiode), and a third optical coupler coupled to the third photodiode (Figure 2: coupler array 85) and the second optical path (see paths 443); a fourth antenna having a fourth photodiode (Figure 2: see 65 which is an array so it would have more than 4 antenna), a fourth antenna radiating element coupled to the fourth photodiode (Figure 2: 65 and 95), and a fourth optical coupler (854) coupled to the fourth photodiode and the fourth optical path (95 AND 65), wherein the third photodiode is configured to transmit third wireless signals using the third antenna radiating element based at least on the second phase-shifted signal (Figure 2: 65 and 95) and the fourth photodiode is configured to transmit fourth wireless signals using the fourth antenna radiating element (Figure 2: 65 and 95); wherein the third photodiode is configured to transmit the third wireless signals using the third antenna radiating element based on the fourth phase-shifted signal and the fourth photodiode is configured to transmit the fourth wireless signals using the fourth antenna radiating element based on the fourth phase-shifted signal (Figure 2). It would have been obvious to one of ordinary skill in the art to have an array of couplers similar to 42 and 80 and to have multiple branches of pathways having each an individual antenna and photodiode in order to scale the device to handle more communication connections as shown by Figure 2 of Green.
Lee / Green does not teach a third optical phase shifter configured to generate a third phase-shifted signal on the third optical path by applying a third optical phase shift to the second optical LO signal, the second photodiode being configured to transmit the second wireless signals using the second antenna radiating element based on the third phase- shifted signal, and an optical phase shifter configured to generate a base of another phase shift branch.
Aue does teach a third optical phase shifter configured to generate a third phase-shifted signal on the third optical path by applying a third optical phase shift to the optical LO signal (Figure 4: 420 and 412). The device of allows any phase shift to be control along any path to have any desire phase shifts (Figure 4: 420). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Lee to include a control circuit outputting a control signal to control multiple phase shifters to have a desired phase shifting for each optical path. This allows allow the array to process multiple signals and to control each phase of each optical path within the network more effectively especially when more complex phase shifting schemes are required.
As for Claim 19, Lee / Green / Aue teaches the electronic device of claim 15, further comprising: wherein Lee teaches a third antenna having a third photodetector (3rd from the top in 360), a third antenna radiating element (3rd from the top in 380) coupled to the third photodiode, and a third optical coupler (coupler of 360 3rd from the top) coupled to the third photodiode and the second optical path (all the photodiode are coupled to each other via the splitter 310 which allows all the signal to couple to all element on 360); a third optical path coupled to the third optical coupler (350 3rd from the top as shown in Figure 3);
Lee does not teach a third optical phase shifter configured to generate a third phase-shifted signal on the third optical path by applying a third optical phase shift to the first optical LO signal (3rd from the top as shown in Figure 3 and output location is located in 380 also 3rd from the top), the third photodetector being configured to transmit third wireless signals using the third antenna radiating element based on the second phase-shifted signal and the third phase-shifted signal (as rejected in Claim 14 if all the lengths are the same then the phase shift of 350 will be based on each other or the same frequency).
Aue does teach a third optical phase shifter configured to generate a third phase-shifted signal on the third optical path by applying a third optical phase shift to the LO signal (Figure 4: 420 and 412). The device of allows any phase shift to be control along any path to have any desire phase shifts (Figure 4: 420). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Lee to include a control circuit outputting a control signal to control multiple phase shifters to have a desired phase shifting for each optical path. This allows allow the array to process multiple signals and to control each phase of each optical path within the network more effectively especially when more complex phase shifting schemes are required.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lee / Esman / Aue as applied to claim 1 above, and further in view of US Patent Application Publication to Hillis 2007/0122155US.
In regards to Claim 6, Lee / Esman / Aue teaches the device of Claim 1, Lee / Esman do not teach wherein a lens at least partially overlapping the array.
Hillis teaches an optical phase array having antennas elements ([0092]), wherein the array may contain optical lens in order to focus the individual channels within the array ([0092]). In order to focus light onto the antennas array the lens must overlap the array along the optical axis coupling to the antennas array. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lee / Esman to include a lens that overlaps the array in order to focus the light onto the antenna array to ensure minimum coupling loss occurs.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lee / Esman / Aue as applied to claim 1 above, and further in view of US Patent Application Publication to O’Keefe 20190204423.
In regards to Claim 6, Lee / Esman teaches the device of Claim 1, wherein Lee teaches the first optical phase shifters and second optical phase shifter being configured to control the antennas to produce a wireless signal (functionality of the RF antenna 240a-b; [0011-0017]).
Lee/Esman does not teach wherein the frequency is greater than 100GHZ.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operating frequency to be greater than 100GHZ in order to increase the bandwidth of data contain within the transmission. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, In re Antonie, 195 USPQ 6 (C.C.P.A. 1977).
Lee and Esman do not teach wherein one or more processors configured to select a beam pointing direction.
O’Keeffe does teach an optical phase arrayed device ([0082]) controlled by a processor (calculator) wherein the processor (calculator) is capable of processing directional data and locations in 3D locations ([0189]). It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the device to include a processing unit that is capable of control and process locational data to direct the phase array antennas 240 so the wireless transmission would be effectively transmitted along its desire path of travel.
Claims 20 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Lee / Green / Aue as applied to claim 14 above, and further in view of US Patent Application Publication to Hashemi 20180039154US.
In regards to Claim 20 and 22-23, Lee / Green / Aue teaches the device of claim 14, wherein Lee teaches the arms have different lengths (Figure 5: 540a-b; [0038]), further comprising: a third antenna at least partially overlapping the first antenna (See Figure 1: 240a and 240c) and having a third photodetector (220a and 220c), a third antenna radiating element coupled to the third photodiode (240c and 220c), and a third optical coupler coupled to the third photodiode (on 220c from 270c), a third optical path coupled to the third optical coupler (270c); and a second optical phase shifter (270b) configured to generate a second phase-shifted signal on the third optical path by applying a second optical phase shift to a second optical LO signal (Figure 2: 270c wherein the phase shift on 270c), the third photodetector (240c) being configured to transmit second wireless signals using the third antenna radiating element based at least on the third phase-shifted signal (the signal on 240c is independent signal from 240a thus qualifies as a 2nd wireless signal).
Lee / Green / Aue do not disclose wherein the third antenna radiating element being oriented orthogonal to the first antenna radiating element.
Hashemi does teach wherein the antennas array are stacked vertically to each other thus being orthogonal to each other (Figure 6). It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the device of Lee to have the orientations wherein the antennas are stacked and overlap with each other in an orthogonal orientation with each other in order to increase the number of antennas in an optical package. Thus increase the bandwidth of transmission for the device to allow for large data transmission.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Lee / Esman / Aue as applied to claim 1 above, and further in view of US Patent to Obara 6,426,721US.
In regards to claim 21, Lee / Esman / Aue teaches the device of claim 1 wherein Aue teaches the second optical phase shifters are configured to receive additional control signals that adjust optical phase shifts imparted by the second optical phase shifters over time (Figure 4: 420) as detailed in claim 1 above.
Lee / Esman / Aue do not teach wherein the first optical phase shifters are different from the first optical paths, the second optical phase shifters are different from the second optical paths, and the second optical phase shifters are configured to receive additional control signals that adjust optical phase shifts imparted by the second optical phase shifters over time.
Obara does the first optical phase shifters are different from the first optical paths (abstract), the second optical phase shifters are different from the second optical paths, and the second optical phase shifters are configured to receive additional control signals that adjust optical phase shifts imparted by the second optical phase shifters over time. It would have been obvious to of ordinary skill in the art before the effective filing date of the claimed invention to modify the array wherein each optical path contains a different phase in order to scale the device to accept more connections and reduce cost and make the device lightweight.
Response to Arguments
Applicant’s arguments with respect to claims 1, 8, and 14 have been considered but are moot because the new ground of rejection does not rely on any of the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Newly cited prior art to Aue and Green were applied in the rejection of Claim 1, 8 and 14 as detailed above.
Newly added claims 21-23 have also been rejected as detailed above.
This action is therefore made FINAL for reason(s) detailed above.
Conclusion
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 shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a 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-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOANG Q TRAN whose telephone number is (571)272-5049. The examiner can normally be reached 9:30 am - 5:30pm Monday - Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 5712722397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HOANG Q TRAN/Examiner, Art Unit 2874
/UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874