DETAILED ACTION
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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/08/2026 has been entered.
Response to Arguments
Applicant’s arguments filled 04/08/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
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 present in the application indicating obviousness or nonobviousness.
Claims 15-17, 21, 31, 32, 35, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Hong(US 20190165476 A1) in view of Sterzer (US 20120029359 A1) and further in view of Lalezari(US5444453A)
Regarding claim 15, Hong discloses
A patch array antenna (“a patch array antenna” [0009]) for a portable stable low-mass microwave […] for measuring microwaves in the spectral range between 1 and 300 GHz (“The exemplified systems and methods provides a low-profile stacked patch multi-frequency antenna (e.g., a dual-frequency antenna), which can be configured to operate at the 5.9-GHz band (DSRC) and the 28-GHz band (5G)” [0007]), the patch array antenna being configured for connection to a […] electronics (“ The design is suitable for use in, and/or integrated with, conventional microelectronic processing techniques” [0007]), the patch array antenna comprising: at least one patch array (“a second radiator body 122 comprising a plurality of distinct radiator body elements 124 “ [0063])that includes :a patch substrate layer in the form of a printed circuit board of a dielectric material (“second dielectric substrate 118 “ [0066]); a plurality of printed patches printed in a pattern on a front side surface of the patch substrate layer (FIG.1, Parts.124A-124D); […]lines printed on the front side surface of the patch substrate layer, wherein the plurality of printed patches are interconnected by the […]lines (“, a second radiator body 122 comprising a plurality of distinct radiator body elements 124 (shown as 124a, 124b, 124c, and 124d) in connection with a second set of feedlines 126 (shown as 126a, 126b, 126c, and 126d).” [0063]), and wherein each of the printed patches is connected via an inset-feed to the […]lines (“the second set of feedlines of patch array antenna is configured as […] an inset-feed” [0024]); a ground conductor layer fixed to the backside of the patch substrate layer (“the reflector ground plane 116” [0066]) […] and a connector line connected to the […]lines and fed through the patch substrate layer and through the ground conductor layer (“The feedlines of the patch array elements also includes a vertical feedline component (not shown) that is routed through the first dielectric substrate 106 (shown as via 134), the first radiator body 110 (shown as via 136), the reflector ground plane 116, and the second dielectric substrate 118 (shown as via 138) from a coaxial cable 140.” [0066]) into an RF coaxial connector (“the patch antenna are fed by a coaxial connector” [0090]) that is fixed to a backside of the ground conductor layer (“the probe feedline 302 directly connects to an underside of the first radiator body 110 through the first dielectric substrate 106 and reflector ground plane 116.” [0072]),
Hong does not explicitly disclose nor limit wherein the patches are configured for use as a radiometer or wherein the connector line is soldered to the RF coaxial connector. It is further noted that although Hong discloses microstrip lines printed on the surface of the substrate, the explicit use of striplines is not disclosed. Sterzer teaches in the same field of microwave circuit design. Sterzer discloses, microwave radiometer for measuring microwaves (“there is provided a microwave handheld radiometer” [0007]) striplines printed on the front side surface of the patch substrate layer (”microwave feedline 102 (here a strip line on circuit board 602)” [0086]) wherein the connector line is soldered to the RF coaxial connector, and (“Note that this forward section of the microwave feedline 102 can terminate into circuit board 430 by use of any suitable interface connector or soldered connection in order to properly match coaxial structure 407 to a microwave stripline“ [0080]) wherein the RF coaxial connector is configured to be directly without detour connected via cables with the radiometer electronics (“feedline 102 can terminate into circuit board 430” [0080])
Sterzer teaches in the same field of microwave circuit design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong with the teachings of Sterzer to incorporate the features of patches being configured for use as a radiometer, the connector line being soldered to the RF coaxial connector, and striplines so as to gain the advantage of reducing manufacturing costs [0011 Sterzer]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Hong as modified by Sterzer do not appear to explicitly disclose wherein the substrate layers form an airgap by a plurality of individual single spacers. Lalezari teaches in the same field of patch antenna structures. Lalezari discloses, a ground conductor layer fixed to the backside of the patch substrate layer at a defined distance so as to form an air gap between the backside of the patch substrate layer and a front side of the ground conductor layer, wherein the air gap is formed by a plurality of individual single spacers (FIG.4A Parts 103, 107 and 110).
Lalezari teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer with the teachings of Lalezari to incorporate the features of an airgap between the conductor and substrate layers so as to gain the advantage of improving antenna efficiency [Col.1, Par.7, Lalezari]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 16, Hong as modified by Sterzer and Lalezari discloses all of the limitations of claim 15. Hong fails to set forth an air gap between the patch substrate layer. Lalezari teaches in the same field of patch antenna structures. Lalezari discloses the radar system wherein, the air gap between the patch substrate layer and the ground conductor layer is between 5 and 9 mm (“The support posts 105 can be manufactured to be less than 4 millimeters in height, “ [Col.6, ll.8-9]).
Lalezari teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer with the teachings of Lalezari to incorporate the feature a range of possible air gab values so as to gain the advantage of reducing conductor losses [Col.1, Par.7, Lalezari]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 17 Hong as modified by Sterzer and Lalezari discloses all of the limitations of claim 15. Hong fails to set forth an air gap between the patch substrate layer. Lalezari teaches in the same field of patch antenna structures. Lalezari discloses the radar system wherein, the single spacers are made of electrically insulating materials (“ the inverted microstrip antenna 101 comprises a radiator layer 106 that includes a thin substrate layer 107 made of a dielectric material” [Col.4, ll.20-22] & “ the support posts 105 may be integral with the radiator layer 106” [Col.4, ll.46-48]) and are connected by connection means between patch substrate layer and the ground conductor layer (“The substrate layer 107 may be joined to the support posts 105 by any one of several different bonding means including elastic adhesive, clamps, screws, springs, or a support frame.” [Col. 10, ll.4-8])
Lalezari teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer with the teachings of Lalezari to incorporate the feature of single spacers made of insulating materials so as to gain the advantage of improving bandwidth [Col.8, ll.54-56, Lalezari]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 21, Hong as modified by Sterzer and Lalezari discloses all of the limitations of claim 15. Hong discloses the patch array antenna wherein, the ground conductor layer is either a printed circuit board that includes a grounding metal layer or a metal plate (“ a reflector ground plane 116 (shown as “Layer V-Ground”)” [0062]) and wherein the RF coaxial connector is not located at an outer edge of the patch substrate layer (“The feedlines of the patch array elements also includes a vertical feedline component (not shown) that is routed through the first dielectric substrate 106 (shown as via 134), the first radiator body 110 (shown as via 136), the reflector ground plane 116, and the second dielectric substrate 118 (shown as via 138) from a coaxial cable 140.” [0066])
Regarding claim 31, Hong as modified by Sterzer and Lalezari discloses all of the limitations of claim 15. Hong fails to set forth wherein the impedances of the printed patches, the inset-feeds, the striplines, the connector line, and the RF coaxial connector are matched. Lalezari teaches in the same field of patch antenna structures. Lalezari discloses the radar system wherein, impedances of the printed patches, the inset-feeds, the striplines, the connector line, and the RF coaxial connector are matched (“ it is important that the interconnections between circuit elements be impedance matched “ [Col.7, ll.55-56])
Lalezari teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer with the teachings of Lalezari to incorporate the feature of impedance matching the printed patches, the inset-feeds, the striplines, the connector line, and the RF coaxial connector so as to gain the advantage of improving antenna efficiency [Col.1, Par.7, Lalezari]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 32, Hong as modified by Sterzer and Lalezari discloses all of the limitations of claim 15. Hong discloses the radar system wherein, the striplines run symmetrically to the RF coaxial connector that is centered, so that feed length from the RF coaxial connector to each of the printed patches is equal (FIG.1, Part.126A-126D & 138).
Regarding claim 35, Hong as modified by Sterzer and Lalezari discloses all of the limitations of claim 15. Hong discloses the radar system wherein, the RF coaxial connector is an SMA connector or type-N connector (“ the low-profile stacked patch dual-frequency antenna 1402a is fabricated with a standard SMA co-axial cable.” [0089]).
Regarding claim 36, Hong discloses
A patch array antenna (“a patch array antenna” [0009]) for a portable stable low-mass microwave […] for measuring microwaves in the spectral range between 1 and 300 GHz (“The exemplified systems and methods provides a low-profile stacked patch multi-frequency antenna (e.g., a dual-frequency antenna), which can be configured to operate at the 5.9-GHz band (DSRC) and the 28-GHz band (5G)” [0007]), the patch array antenna being configured for connection to a […] electronics (“ The design is suitable for use in, and/or integrated with, conventional microelectronic processing techniques” [0007]), the patch array antenna comprising: at least one patch array (“a second radiator body 122 comprising a plurality of distinct radiator body elements 124 “ [0063]) that includes: a patch substrate layer in the form of a printed circuit board of a dielectric material (“second dielectric substrate 118 “ [0066]); a plurality of printed patches printed in a pattern on a front side surface of the patch substrate layer (FIG.1, Parts.124A-124D); […]lines printed on the front side surface of the patch substrate layer (FIG.1, Parts.124A-124D), wherein the plurality of printed patches are interconnected by the […]lines (“a second radiator body 122 comprising a plurality of distinct radiator body elements 124 (shown as 124a, 124b, 124c, and 124d) in connection with a second set of feedlines 126 (shown as 126a, 126b, 126c, and 126d).” [0063]), and wherein each of the printed patches on the front side surface of the patch substrate layer is directly connected via an inset- feed to the […]lines on the front side surface of the patch substrate layer (“the second set of feedlines of patch array antenna is configured as […] an inset-feed” [0024]);a ground conductor layer fixed to the backside of the patch substrate layer (“the reflector ground plane 116” [0066]) […] and a connector line connected to the […]lines on the front side surface of the patch substrate layer and fed through the patch substrate layer and through the ground conductor layer (“The feedlines of the patch array elements also includes a vertical feedline component (not shown) that is routed through the first dielectric substrate 106 (shown as via 134), the first radiator body 110 (shown as via 136), the reflector ground plane 116, and the second dielectric substrate 118 (shown as via 138) from a coaxial cable 140.” [0066]) into an RF coaxial connector that is fixed to a backside of the ground conductor layer (“the patch antenna are fed by a coaxial connector” [0090]), wherein the RF coaxial connector provides a detachable interface between the patch array antenna and the radiometer electronics (“the probe feedline 302 directly connects to an underside of the first radiator body 110 through the first dielectric substrate 106 and reflector ground plane 116.” [0072]),
Hong does not explicitly disclose nor limit wherein the patches are configured for use as a radiometer. It is further noted that although Hong discloses microstrip lines printed on the surface of the substrate, the explicit use of striplines is not disclosed. Sterzer teaches in the same field of microwave circuit design. Sterzer discloses, microwave radiometer for measuring microwaves (“there is provided a microwave handheld radiometer” [0007]) striplines printed on the front side surface of the patch substrate layer (”microwave feedline 102 (here a strip line on circuit board 602)” [0086])
Sterzer teaches in the same field of microwave circuit design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong with the teachings of Sterzer to incorporate the features of patches being configured for use as a radiometer, the connector line being soldered to the RF coaxial connector, and striplines so as to gain the advantage of reducing manufacturing costs [0011 Sterzer]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Hong as modified by Sterzer do not appear to explicitly disclose wherein the substrate layers form an airgap by a plurality of individual single spacers. Lalezari teaches in the same field of patch antenna structures. Lalezari discloses, ground conductor layer fixed to the backside of the patch substrate layer at a defined distance so as to form an air gap between the backside of the patch substrate layer and a front side of the ground conductor layer, wherein the air gap is formed by a plurality of individual single spacers (FIG.4A Parts 103, 107 and 110).
Lalezari teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer with the teachings of Lalezari to incorporate the features of an airgap between the conductor and substrate layers so as to gain the advantage of improving antenna efficiency [Col.1, Par.7, Lalezari]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hong(US 20190165476 A1) as modified by Sterzer (US 20120029359 A1) and Lalezari(US5444453A) as applied to claim 17 above, and further in view of Boeck (US 9064787 B2).
Regarding claim 18, Hong as modified by Sterzer and Lalezari discloses all of the limitations of claim 17. Hong as modified by Sterzer and Lalezari do not explicitly disclose wherein the electrically insulating materials include at least one of silicone and polytetrafluorethylene. Boeck teaches in the same field of antenna design. Boeck discloses the patch array antenna wherein, the electrically insulating materials include at least one of silicone and polytetrafluorethylene (“one or more receptacle layers positioned on top of the silicon wafer“ [Col.3, ll.54-55]).
Boeck teaches in the same field of antenna design. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer and Lalezari with the teachings of Boeck to incorporate the features of an electrically insulating materials including at least one of silicone and polytetrafluorethylene so as to improve the effective electrical distance between an integrated antenna structure and reflector [Col.10, Par.3, Boeck]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Hong(US 20190165476 A1) as modified by Sterzer (US 20120029359 A1) and Lalezari(US5444453A) as applied to claim 15 above, and further in view of Diaz(US20190125420A1).
Regarding claim 20, Hong as modified by Sterzer and Lalezari discloses all of the limitations of claim 15. Hong and fails to set forth the synthetic polymer screws of claim 20. Lalezari teaches in the same field of patch antenna structures. Lalezari discloses wherein, the spacers are made of electrically insulating materials(“ the inverted microstrip antenna 101 comprises a radiator layer 106 that includes a thin substrate layer 107 made of a dielectric material” [Col.4, ll.20-22] & “ the support posts 105 may be integral with the radiator layer 106” [Col.4, ll.46-48]) and wherein a plurality of screws […] connect the ground conductor layer and the patch substrate layer, the screws and the spacers being in the same positions and operatively connected (“The substrate layer 107 may be joined to the support posts 105 by any one of several different bonding means including elastic adhesive, clamps, screws, springs, or a support frame.” [Col.10, ll.4-8])
Lalezari teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer with the teachings of Lalezari to incorporate the feature of single spacers made of insulating materials so as to gain the advantage of improving bandwidth [Col.8, ll.54-56, Lalezari]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Hong as modified by Sterzer and Lalezari does not explicitly disclose nor limit wherein the screws are made of synthetic polymers. Diaz discloses wherein, a plurality of screws of synthetic polymers (“ Synthetic polymer screws are currently available and are an alternative choice to metal screws”[0006]).
It would have been obvious to one of ordinary skill in the art at the time the claimed invention was made to use synthetic polymers for the screw, since it has been held by the courts that selection of a prior art material on the basis of its suitability for its intended purpose is within the level of ordinary skill. In re Leshing, 125 USPQ 416 (CCPA 1960) and Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945).
Furthermore, An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297,213 USPQ 532 (CCPA 1982), see MPEP 2144.06.
In the instant case, it appears the apparatus of the cited prior art could use synthetic polymers for the screws as an obvious design choice within the level of ordinary skill. In particular, screws can often be found with a synthetic polymer material, as evidenced by Diaz et al. US 2019/0125420 (esp. c.f. [0006]). It would be obvious to modify the prior art by incorporating such a routine material as a synthetic polymer for the screws for the benefit of modulating the device characteristic using widely known materials. Diaz makes it clear that synthetic polymer screws are a known alternative to screws formed with other metals and may have advantages in multiple environments with respect to corrosion, as an example.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Hong(US 20190165476 A1) as modified by Sterzer (US 20120029359 A1) and Lalezari(US5444453A) as applied to claim 15 above, and further in view of Mohammadian(US20120164942A1).
Regarding claim 23, Hong as modified by Sterzer and Lalezari discloses all of the limitations of claim 15. Hong and fails to set forth the air gaps formed by spacers and ground conductor layer. Lalezari teaches in the same field of patch antenna structures. Lalezari discloses wherein an air gaps formed by spacers and ground conductor layer(FIG.4A Parts 103, 107 and 110).
Lalezari teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer with the teachings of Lalezari to incorporate the feature of single spacers made of insulating materials so as to gain the advantage of improving bandwidth [Col.8, ll.54-56, Lalezari]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Hong as modified by Sterzer and Lalezari do not appear to explicitly set fourth two identically formed patch arrays each with a patch substrate layer. Mohammadian teaches in the same field of patch antenna structures. Mohammadian discloses wherein, the patch array antenna comprises two identically formed patch arrays each with a patch substrate layer (“Each of the first patch antenna and the second patch antenna include two symmetrically disposed microstrip antenna feed probes“ [0017]) […] at least the patch substrate layer of the patch arrays are rotated relative to each other in such a way that the patterns of the patches on the patch substrate layers are rotated 90 to each other, to enable the simultaneous measurement of differently polarized radiation (“The first patch antenna is rotated 90 degrees in relation to the second patch antenna so that the first and second patch antennas generate orthogonal fields “ [0017]).
Mohammadian teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Pobanz as modified by Lalezari with the teachings of Mohammadian to incorporate the feature of patch arrays that are rotated in respect to each other so as to gain the advantage of improving signal integrity [0004, Mohammadian]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Hong(US 20190165476 A1) as modified by Sterzer (US 20120029359 A1) and Lalezari(US5444453A) as applied to claim 15 above, and further in view of Pobanz(US6828556B2).
Regarding claim 24, Hong as modified by Sterzer and Lalezari discloses all of the limitations of claim 15. Hong and fails to set forth a temperature sensor. Pobanz teaches in the same field of antenna structures. Pobanz discloses wherein, a temperature sensor is attached to the at least one patch array and connected via cable to the radiometer electronics (“and a temperature reference 125.” [Col.7, ll.66-67]).
Pobanz teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer and Lalezari with the teachings of Pobanz to incorporate the features of radiometer electronics so as to improve signal processing. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Claims 25-28, 30, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Hong(US 20190165476 A1) as modified by Sterzer (US 20120029359 A1) and Lalezari(US5444453A)as applied to claim 15 above, and further in view of Pobanz(US6828556B2) and Buer(US20190305418A1).
Regarding claim 25, Hong as modified by Sterzer and Lalezari discloses all of the limitations of claim 15. Hong discloses, A portable stable low-mass microwave radiometer for measuring microwaves in the spectral range between 1 and 300 GHz (“The exemplified systems and methods provides a low-profile stacked patch multi-frequency antenna (e.g., a dual-frequency antenna), which can be configured to operate at the 5.9-GHz band (DSRC) and the 28-GHz band (5G)” [0007]), the microwave radiometer comprising: at least one patch array antenna according to claim 15 (FIG.1, part.124A-124D); and a radiometer electronics connected to the at least one patch array antenna, wherein the radiometer electronics comprises the following components connected in order in a direction of signal transmission: at least one antenna input (FIG.1, Part.126A-126D)
Hong as modified by Sterzer and Lalezari do not appear to disclose all the radio-frequency components and signal processing components disclosed by claim 25. Pobanz teaches in the same field of antenna structures. Pobanz discloses wherein the radiometer electronics comprises the following components connected in order in a direction of signal transmission: […],an n-port switch (“FIG.3, Part 126); an isolator (FIG.3, Part 128);a first bandpass filter (“ a band pass filter” [Col.2, l.17]);a first low noise amplifier(“FIG.3 Part 127);[…] a second low noise amplifier[…] (“FIG.3 Part 127); a power detector (FIG.3, Part 128) […] an Analog to Digital Converter(“FIG.3 Part 113), and a computer unit, wherein the at least one antenna input is connected to the at least one patch array antenna (FIG.4 Part 420).
Pobanz teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer and Lalezari with the teachings of Pobanz to incorporate the features of radiometer electronics so as to improve signal processing. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Pobanz discloses a first and second low noise amplifier but does not explicitly disclose the two parts in the order as disclosed in claim 25. It would have been obvious to one having ordinary skill in the art at the time the invention was made to place the first and second low noise amplifiers in the order disclosed in claim 25, since it has been held that rearranging parts of an invention involves only routine skill in the art. In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Further, Hong as modified by Sterzer and Lalezari and further modified by Pobanz do not explicitly disclose nor limit wherein the radiometer includes a second and third bandpass filter or a low pass filter. However, Buer discloses a second and third bandpass filter as well as a low pass filter (“The third bandpass filter 235-u” [0085], “The second bandpass filter 235-t” [0085] & “components including high- and low-pass filters” [0089])
Buer teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer and Lalezari and further modified by Pobanz with the teachings of Buer to incorporate the features of a second and third bandpass filter as well as a low pass filter so as to reduce antenna size [0015, Buer]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 26, Hong as modified by Sterzer and Lalezari and further modified by Pobanz and Buer discloses all of the limitations discloses all of the limitations of claim 25. , Hong as modified by Sterzer and Lalezari do not explicitly disclose LNAs. Pobanz teaches in the same field of antenna structures. Pobanz discloses, to the n-port switch an inverted LNA and active cold load with an LNA termination are placed and connected (FIG.3 part 125)
Pobanz teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer and Lalezari with the teachings of Pobanz to incorporate the features of, an n-port switch, an inverted LNA and active cold load with an LNA termination so as to improve signal processing. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 27, Hong as modified by Sterzer and Lalezari and further modified by Pobanz and Buer discloses all of the limitations discloses all of the limitations of claim 26. Hong as modified by Sterzer and Lalezari do not explicitly disclose a square law power detector. Pobanz teaches in the same field of antenna structures. Pobanz discloses, the power detector is a square law power detector (FIG.3 Part 128).
Pobanz teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer and Lalezari with the teachings of Pobanz to incorporate the features of a square law power detector so as to improve signal processing. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 28, Hong as modified by Sterzer and Lalezari and further modified by Pobanz and Buer discloses all of the limitations discloses all of the limitations of claim 26. Hong as modified by Sterzer and Lalezari do not explicitly disclose temperature sensors. Pobanz teaches in the same field of antenna structures. Pobanz discloses, a first matched load connected to the n-port switch and the active cold load are equipped with temperature sensors for calibration purpose (FIG.3 Part 125).
Pobanz teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer and Lalezari with the teachings of Pobanz to incorporate the features of temperature sensors for calibration so as to improve sensor calibration. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 30, Hong as modified by Sterzer and Lalezari and further modified by Pobanz and Buer discloses all of the limitations discloses all of the limitations of claim 26. Hong as modified by Sterzer and Lalezari do not explicitly disclose temperature sensors. Pobanz teaches in the same field of antenna structures. Pobanz discloses, wherein a temperature sensor is attached to each patch array and/or to the first calibration matched load (FIG.3 Part 125). and/or to the inverted LNA and active cold load for calibration purpose (FIG.3 part 127).
Pobanz teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer and Lalezari with the teachings of Pobanz to incorporate the features of temperature sensors for calibration so as to improve sensor calibration. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 34, Hong as modified by Sterzer and Lalezari and further modified by Pobanz and Buer discloses all of the limitations discloses all of the limitations of claim 25. Hong as modified by Sterzer and Lalezari do not explicitly disclose bandpass filters. Pobanz teaches in the same field of antenna structures. Pobanz discloses, the first bandpass filter (“ a band pass filter” [Col.2, l.17]) is connected before any low noise amplifiers in the direction of signal transmission(“FIG.3 Part 127)
Pobanz teaches in the same field of patch antenna structures. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer and Lalezari with the teachings of Pobanz to incorporate the features of bandpass filters so as to improve sensor calibration. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Pobanz discloses a first bandpass filter and low noise amplifiers but does not explicitly disclose the two parts in the order as disclosed in claim 34. It would have been obvious to one having ordinary skill in the art at the time the invention was made to place a first bandpass filter and low noise amplifiers in the order disclosed in claim 34, since it has been held that rearranging parts of an invention involves only routine skill in the art. In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Hong(US 20190165476 A1) as modified by Sterzer (US 20120029359 A1) and Lalezari(US5444453A) and further modified by Pobanz(US6828556B2) and Buer(US20190305418A1) as applied to claim 25 above, and further in view of SHARAWI(US20150349421A1).
Regarding claim 29, Hong as modified by Sterzer and Lalezari and further modified by Pobanz and Buer discloses all of the limitations discloses all of the limitations of claim 25. Hong as modified by Sterzer and Lalezari do not explicitly disclose wherein the n-port switch is a four port switch. SHARAWI teaches in the same field of antenna structures. SHARAWI discloses wherein two antenna inputs for two patch arrays are provided at the electronics and the n-port switch is a four port switch (“The final radiation pattern (beam) generated from this configuration will be switched to four directions based on which input port has been activated” [0040]).
Specifically, while the cited art of Buer, Mohammadijan, and Lalezarji does not expressly teach four port switch, please N.B., Buer, Mohammadijan, and Lalezarji does disclose multiple inputs for multiple patch antennas and a plurality of patch antennas (please see claim 25 rejection above). It would have been an obvious matter of design choice to use four port switch design, since the Applicant has not disclosed that a four port switch solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well with any number of port switches. In the instant case, it appears the apparatus of the cited prior art could use four port switch as an obvious design choice within the level of ordinary skill. In particular, a four port switch is routine in the art, as evidenced by Sharawi US 2015/0349421 esp. c.f. fig.2 and paragraph 0040, which teaches input port typically is in powers of 2, i.e. 4x4, etc.
It would be obvious to modify the prior art by incorporating the recited number of port switches for the benefit of modulating the device characteristic using a varying number of switches; and in particular, having 4 port switch is a routine number of port switches as port arrays typically comprise powers of 2, i.e. 4x4, as taught by Sharawi fig.2 and [0040]. Sharawi makes it clear that a range of port switches such as a 4 port switch configuration has advantages in antenna array design and may be extended to other configurations as different applications require.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Hong(US 20190165476 A1) as modified by Sterzer (US 20120029359 A1) and Lalezari(US5444453A) and further modified by Pobanz(US6828556B2) and Buer(US20190305418A1) as applied to claim 25 above, and further in view of Blauert(US11664585B2).
Regarding claim 33, Hong as modified by Sterzer and Lalezari and further modified by Pobanz and Buer discloses all of the limitations discloses all of the limitations of claim 25. Hong as modified by Sterzer and Lalezari do not explicitly disclose wherein the n-port switch is a four port switch. Blauert teaches in the same field of patch antennas. Blauert discloses wherein, the microwave radiometer is configured for measuring microwaves in the spectral range between 1400 and 1427 MHZ (“The predetermined range of frequencies includes frequencies ranging from 400 MHz to 12 Gigahertz GHz.” [Col.20, ll.48-50]).
Blauert teaches in the same field of patch antennas. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Hong as modified by Sterzer and Lalezari and further modified by Pobanz and Buer with the teachings of Blauert to incorporate the features of measuring microwaves in the spectral range between 1400 and 1427 MHZ so as to improve resolution [Col.16, ll.56-57]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI.
Documents Considered but not Relied Upon
The prior art made of record and not relied upon is considered pertinent to the Applicant’s Disclosure.
Ouadiaa (Microstrip Patch Antenna Array and its Applications: a Survey) is considered analogous art to the instant application as it discloses in [Pg.26, Par.3] “ Figure2 shows an example for Microstrip Patch Antenna Array and theirs gains, when the element number increases, the HPBW (Half Power Beam Width) becomes narrow and the gain becomes high.”
Conclusion
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/C.P.R./Examiner, Art Unit 3646
/JACK W KEITH/Supervisory Patent Examiner, Art Unit 3646
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