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 .
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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 12/4/2025 has been entered.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/8/2022 have been reconsidered by the examiner.
Response to Amendments
Applicant’s amendment filed on 12/4/2025 has been entered. Claims 1, 4-7, and 9have been amended, and claims 2, 8, 10, 12, and 14 have been canceled, and claims 15-16 have been added.
Response to Arguments
Applicant’s remarks concerning the interpretation of under 35 USC 102(a)(1) as being anticipated Kushnir et al (US 20220416420 A1) regarding claims 1, 5, 7 and 9 have been fully 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. Please refer to the rejection below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 5, 7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rosenthal et al (US 8507836 B1), hereinafter Rosenthal.
Regarding claim 1, Rosenthal discloses:
an antenna device comprising (Rosenthal, col. 13, lines 40-59: Beam 12 originates from LO 15 (an integral part of '680 patent apparatus not shown in full here). As noted, LO 15 is a stepped frequency, highly stable, low-noise coherent reference signal, controlled by signal analyzer 8 via link 16, serving tightly coupled multi-purposes: 1) providing a stable reference beam 12a (as part of the '680 patent apparatus) to array 6b for antenna element heterodyning; 2) means for selecting the frequency of interest for constructing phase map 5 detected by the antennas, e.g. 24 and 25; and, 3) means for providing phase coherent beam 12 identical to beam 12a, from LO 15, for coherent irradiation of object 11. Phase coherent beam 12a is split by half-silvered mirror 14 into beam 12, irradiating object 11 via at least one additional mirror 13; object 11 thence reflects light field 2a irradiating aperture mask 4 creating phase map 5 via diffraction via multiple apertures 4a, as described above. Phase coherent beam 12a also continues through half-silvered mirror 14 to antenna array 6b for heterodyning the received phase map signals to IF, as described for FIG. 8 (applying the '680 patent apparatus and methodology)):
an array feeder including (Rosenthal, col. 3, line 65 – col. 4, line 2: an aperture array having a first side exposed to a scene to be imaged, and having a second side from which is provided an output representative of original frequency components of electromagnetic energy from the scene and local phase differences of electromagnetic energy from the scene)):
and antenna elements that are arrayed, the antenna elements being configured to radiate electromagnetic waves (Rosenthal, col. 3, line 65 – col. 4, line 2);
and a controller configured to determine complex excitation amplitudes for the antenna elements (Rosenthal, col. 12, line 60- col. 13, line 5: A related embodiment illustrated in FIGS. 10A and 10B follows the methodology, apparatus and reference numbering of FIGS. 9A and 9B. In this embodiment, in addition to the description for FIGS. 9A and 9B, each of n antenna elements 6' in antenna array 6 are individually addressable using matrix switcher 33 coupled to address controllers 31 and 32 and sending IF output signals on links 24a' and 25a' to phase vector detector 27. Controller 31 is both the X or abscissa axis address control and signal detector for antenna array 6, and controller 32 is the Y or ordinate axis address control for array 6; both controls 31 and 32 are controlled by matrix switcher 33 which is triggered by algorithms from signal analyzer 8 over link 36);
and a lens that refracts the electromagnetic waves (Rosenthal, col. 7, lines 10-13: FIGS. 1, 2A and 2B (discussed above in background art) illustrate how refraction and diffraction phenomena, in terms of EM waves, reconstruct an image from an object using conventional lens apparatus),
wherein the controller determines the complex excitation amplitudes Eo (xe, ye, ze) represented by the equation (Rosenthal, col. 12, line 60- col. 13, line 5):
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where F[] represents a Fourier transform (Rosenthal, col. 8, lines 47-52: A signal analyzer is a computational apparatus capable of executing Fourier transform and inverse Fourier transform algorithms (as known in the art) for image convolution and for incorporating phase vector difference data for computing for each EM antenna on an array its phase, including compensation for associated array delay factor);
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represents an inverse Fourier transform (Rosenthal, col. 8, lines 47-52);
g (x, y, z) represents radiation directivity characteristics of the antenna elements (Rosenthal, col. 13, lines 40-59) Examiner notes beam as radiation directivity characteristics of the antenna elements,
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represents an incident wavefront represented by the equation (Rosenthal, col. 10, lines 11-25: FIG. 7 is a schematic overview of the entire apparatus used in several embodiments of the present invention to create an image without using a lens. Object 1 reflects (or transmits) light field 2 creating planar wave fronts 3 at the entry of mask 4 consisting of an array small apertures 4a. The planar wave fronts 3 pass through apertures 4 creating phase map 5 (as illustrated with items 54, 55 and 56' in FIG. 3), for select wavelengths of interest, representing object 1's set of interference maxima. Antenna array 6 includes a plurality of antenna elements. As we show in further detail in FIG. 8, a local oscillator provides a reference frequency output incident on the planar array so as to create a heterodyne difference signal (which may be considered as a phase vector) between the reference frequency and each original frequency component that is present on the antenna elements):
where
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represents a plane wave traveling in
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direction on a surface (xi,yi, zi) of the lens (Rosenthal, col. 10, lines 11-25);
f (xi, yi, zi) represents conversion characteristics of the lens (Rosenthal, col. 8, lines 47-52) Examiner notes that Fourier Transform and Inverse Fourier Transform are examples of conversion characteristics in that Fourier Transform converts spatial fields to directional beams and Inverse Fourier Transform relates to the incident plane wave (angular),
and the array feeder is configured to excite the antenna elements with the complex excitation amplitudes at which the electromagnetic waves after being refracted by the lens travel as a plane wave in a desired the
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direction (Rosenthal, col. 2, lines 35-58: As is known in the art, the Inverse Fourier Transform (i.e., the inverse of a discrete Fourier transform--IFT) expresses a frequency domain function in the time domain, with each value expressed as a complex amplitude that can be interpreted as a magnitude and a phase vector component, as defined for this invention. IFT describes mathematically how a lens convolves interference maxima to reconstruct phase maps into an image, as represented by the phase map's embedded complex amplitude data. In essence, a glass lens refracting light to produce an image is a mechanical analog apparatus "computing" the interference maxima via its curvatures and material properties necessary to form the image through convolution at the lens' focal point. However, in contrast to conventional imaging, using a lens and its sensor where image phase vector convolution functions are fixed (expressed as a point spread or Fraunhofer function), in the present invention embodiments for convolution may apply programmed phase convolution tolerances, discussed further below in the embodiments illustrated in FIGS. 9C, 10C, 13A and 13B.
(9) Multiple wave fronts reflected or transmitted from an object (or scene), at each frequency or wavelength of interest, combine to form planar wave fronts (i.e., wavelets)),
each of the antenna elements being excited with a corresponding one of the complex excitation amplitudes (Rosenthal, col. 2, lines 35-58).
Regarding claim 3, Rosenthal discloses:
the antenna device according to claim 1 (Rosenthal, col. 13, lines 40-59),
wherein the array feeder is disposed at a position displaced from a focal plane of the lens (Rosenthal, col. 2, lines 35-58).
Regarding claim 5, Rosenthal discloses:
an antenna device comprising (Rosenthal, col. 13, lines 40-59) Examiner notes beamforming method:
an array feeder including (Rosenthal, col. 13, lines 40-59):
the antenna elements being configured to radiate electromagnetic waves (Rosenthal, col. 3, line 65 – col. 4, line 2);
and a controller configured to determine complex excitation amplitudes for the antenna elements (Rosenthal, col. 12, line 60- col. 13, line 5);
a reflector that reflects the electromagnetic waves (Rosenthal, col. 3, line 65 – col. 4, line 2) and (col. 13, lines 40-59),
wherein the controller determines the complex excitation amplitudes Eo (xe, ye, ze) represented by the equation (Rosenthal, col. 12, line 60- col. 13, line 5):
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where F[] represents a Fourier transform (Rosenthal, col. 8, lines 47-52);
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represents an inverse Fourier transform (Rosenthal, col. 8, lines 47-52);
g (x, y, z) represents radiation directivity characteristics of the antenna elements (Rosenthal, col. 8, lines 47-52) Examiner notes that Fourier Transform and Inverse Fourier Transform are examples of conversion characteristics in that Fourier Transform converts spatial fields to directional beams and Inverse Fourier Transform relates to the incident plane wave (angular);
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represents an incident wavefront represented by the equation (Rosenthal, col. 10, lines 11-25):
where
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represents a plane wave traveling in
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direction on a surface (xi,yi, zi) of the lens (Rosenthal, col. 10, lines 11-25);
f (xi, yi, zi) represents conversion characteristics of the reflector (Rosenthal, col. 13, lines 40-59),
and the array feeder is configured to excite the antenna elements with the complex excitation amplitudes at which the electromagnetic waves after being refracted by the reflector travel as a plane wave in the
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direction (Rosenthal, col. 2, lines 35-58).
Claim 7 is rejected under the same analysis as claim 1.
Claim 9 is rejected under the same analysis as claim 5.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
12. Claims 4, 6, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Rosenthal et al US 8507836 B1), hereinafter Rosenthal in view of Kushnir et al (US 20220416420 A1), hereinafter Kushnir.
Regarding claim 4, Rosenthal discloses:
The antenna device according to claim 1, further comprising (Rosenthal, col. 13, lines 40-59):
an array receiver including (Rosenthal, col. 8, lines 35-40: pixel cluster or antenna cluster is a set of adjacent antenna elements of an antenna array receiving EM radiation (here, as a phase map output from the aperture array) from a small area on the object; via the various apparatus and related methodology in this invention, the cluster's data is reconstructed as a pixel on the image):
antenna elements that are arrayed (Rosenthal, col. 3, line 65 – col. 4, line 2,
the antenna elements being configured to receive electromagnetic waves as high frequency signals (Rosenthal, Abstract, The invention relates to imaging devices and methods, pertinent to electromagnetic energy in visual and other spectra, to capture and reproduce substantially all image information in a relevant spectrum through all-electronic sensors and electronic computation means) Examiner notes electromagnetic waves as high frequency;
high frequency converters that convert the high frequency signals into baseband signals (Rosenthal, col. 10, lines 11-25) Examiner notes that the local oscillator is the reference signal that makes the electromagnetic signal (high frequency signal) to baseband signal conversions possible;
and an adder that adds the multiplied baseband signals (Rosenthal, col. 13, lines 41-59: As noted, LO 15 is a stepped frequency, highly stable, low-noise coherent reference signal, controlled by signal analyzer 8 via link 16, serving tightly coupled multi-purposes: 1) providing a stable reference beam 12a (as part of the '680 patent apparatus) to array 6b for antenna element heterodyning; 2) means for selecting the frequency of interest for constructing phase map 5 detected by the antennas, e.g. 24 and 25; and, 3) means for providing phase coherent beam 12 identical to beam 12a, from LO 15, for coherent irradiation of object 11. Phase coherent beam 12a is split by half-silvered mirror 14 into beam 12, irradiating object 11 via at least one additional mirror 13; object 11 thence reflects light field 2a irradiating aperture mask 4 creating phase map 5 via diffraction via multiple apertures 4a, as described above. Phase coherent beam 12a also continues through half-silvered mirror 14 to antenna array 6b for heterodyning the received phase map signals to IF, as described for FIG. 8 (applying the '680 patent apparatus and methodology)) Examiner notes phase coherent beams are indicative of summation of the signals otherwise would be considered incoherent;
wherein the lens is configured to refract the electromagnetic waves that are incident (Rosenthal, col. 10, lines 11-25),
and to irradiate the array receiver (Rosenthal, col. 8, lines 35-40),
and is configured to combine wavefronts of the electromagnetic waves after being refracted by the lens (Rosenthal, col. 2 lines 56-64: Multiple wave fronts reflected or transmitted from an object (or scene), at each frequency or wavelength of interest, combine to form planar wave fronts (i.e., wavelets). As known in the art, there are two mathematical models that can be used for analysis: 1) the waves can be described by the Huygens approach (as in FIG. 1) as point sources spreading in circular waves; or, 2) more appropriate for embodiments in this invention, the waves are best described as Fourier plane waves, which facilitate signal analysis of the phase map) Examiner notes the lens and the reflector (object).
Kushnir discloses:
complex amplitude multipliers that multiply the baseband signals by complex amplitudes (Kushnir, para [0022], In one embodiment, each antenna element has an electronically controlled phase shifter to facilitate electronic steering of the directional beam) Examiner notes that the multiplication of the transmission baseband signals by complex excitation amplitude a major component of phased array antenna elements, and it is the excitation that forms and steers the beam;
and the array receiver is configured to weight the antenna elements with the complex amplitudes at which the electromagnetic waves before being refracted by the lens are incident on the lens as a plane wave from a desired direction (Kushnir, para [0346], In certain embodiments, the present invention resides in the construction of a planar lens (metalens) for focusing or steering a beam of incident electromagnetic radiation whilst maximising the electromagnetic wave energy that is transmitted through the lens. The impedance-matched property of the lens structure, plus the use of low-loss dielectric materials such as low-density foams, and thin-dielectric polymer substrates, ensures that energy lost through surface reflections and dissipation is minimized) and (para [0356], In order to produce an impedance-match for an incoming plane wave, i.e. directional beam 102a (that is, to eliminate a reflected wave, i.e. directional beam 102b and maximise transmission of energy through the structure), one of the necessary requirements is to have a structure that is symmetric about its centre line. In FIG. 7, this is achieved by having identical thicknesses of dielectric support layers of thickness, d, and refractive index, n. Furthermore, sandwiched between these dielectric layers is the central metasurface 155a. Finally, to further achieve the required symmetry, the outermost metasurfaces 151a, 153a is identical in design but will in general have different properties to the central metasurface 155a),
It would have been obvious to someone in the art prior to the effective filing date of the claimed invention to modify Rosenthal with Kushnir to incorporate the features of: complex amplitude multipliers that multiply the baseband signals by complex amplitudes; and the array receiver is configured to weight the antenna elements with the complex amplitudes at which the electromagnetic waves before being refracted by the lens are incident on the lens as a plane wave from a desired direction. Both arts are considered analogous arts as they both disclose beamforming antenna array systems that high frequency signals. The modification would render the predictable results of the suppression of signals for undesired directions when applying complex amplitude multipliers (weights); improved beamformed response and steerability (adder); and improved conversion into a planar (or focal) wavefront when electromagnetic waves are incident on a lens or reflector.
Regarding claim 6, Rosenthal discloses:
the antenna device according to Claim 5, further comprising (Rosenthal, col. 13, lines 40-59):
an array receiver including (Rosenthal, col. 8, lines 35-40):
antenna elements that are arrayed (Rosenthal, col. 3, line 65 – col. 4, line 2),
the antenna elements being configured to receive electromagnetic waves as high frequency signals (Rosenthal, Abstract);
high frequency converters that convert the high frequency signals into baseband signals (Rosenthal, col. 10, lines 11-25);
and an adder that adds the multiplied baseband signals (Rosenthal, col. 13, lines 41-59);
wherein the lens is configured to refract the electromagnetic waves that are incident (Rosenthal, col. 10, lines 11-25),
and to irradiate the array receiver (Rosenthal, col. 8, lines 35-40),
and is configured to combine wavefronts of the electromagnetic waves after being refracted by the reflector (Rosenthal, col. 2 lines 56-64).
Kushnir discloses:
complex amplitude multipliers that multiply the baseband signals by complex amplitudes (Kushnir, para [0022]);
and the array receiver is configured to weight the antenna elements with the complex amplitudes at which the electromagnetic waves before being refracted by the lens are incident on the reflector as a plane wave from a desired direction (Kushnir, paras [0346] and [0356]),
It would have been obvious to someone in the art prior to the effective filing date of the claimed invention to modify Rosenthal with Kushnir to incorporate the features of: complex amplitude multipliers that multiply the baseband signals by complex amplitudes; and the array receiver is configured to weight the antenna elements with the complex amplitudes at which the electromagnetic waves before being refracted by the lens are incident on the reflector as a plane wave from a desired direction. Both arts are considered analogous arts as they both disclose beamforming antenna array systems that high frequency signals. The modification would render the predictable results of the suppression of signals for undesired directions when applying complex amplitude multipliers (weights); improved beamformed response and steerability (adder); and improved conversion into a planar (or focal) wavefront when electromagnetic waves are incident on a lens or reflector.
Regarding claim 15, Rosenthal discloses:
the antenna device according to Claim 1 (Rosenthal, col. 13, lines 40-59),
wherein the array feeder further includes (Rosenthal, col. 13, lines 40-59):
c
and high frequency converters configured to convert the transmission baseband signal multiplied by the complex excitation amplitudes into high frequency signals (Rosenthal, col. 10, lines 11-25) Examiner notes that the local oscillator is the reference signal that makes the electromagnetic signal (high frequency signal) to baseband signal conversions possible,
and the antenna elements are configured to radiate the high frequency signals as electromagnetic waves (Rosenthal, col. 3, line 65 – col. 4, line 2).
Kushnir discloses:
complex amplitude multipliers configured to multiply a transmission baseband signal by the complex excitation amplitudes (Kushnir, para [0022], In one embodiment, each antenna element has an electronically controlled phase shifter to facilitate electronic steering of the directional beam) Examiner notes that the multiplication of the transmission baseband signals by complex excitation amplitude a major component of phased array antenna elements, and it is the excitation that forms and steers the beam;
It would have been obvious to someone in the art prior to the effective filing date of the claimed invention to modify Rosenthal with Turpin to incorporate the features of: complex amplitude multipliers configured to multiply a transmission baseband signal by the complex excitation amplitudes; Both arts are considered analogous arts as they both disclose antennas with phase arrays and lenses that refract electromagnetic waves and also methods of beam forming. The modification would render the predictable results of improved directional beam and controllable amplitudes and improved precision with beam steering and
Claim 16 is rejected under the same analysis as claim 15.
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Rosenthal et al US 8507836 B1 in view of Turpin et al (US 11894610 B2) hereinafter Turpin.
Regarding claim 11, Rosenthal discloses:
Turpin discloses:
a non-transitory computer readable storage medium for causing a controller included in an antenna device to execute the beamforming method (Turpin, Figs 5 and 6, memory or storage device 210) and (col. 22, lines 46-50: The information may be stored on a computer hard drive, on a CD ROM disk or on any other appropriate data storage device, which can be located at or in communication with the processing device).
It would have been obvious to someone in the art prior to the effective filing date of the claimed invention to modify Rosenthal with Turpin to incorporate the features of: a non-transitory computer readable storage medium for causing a controller included in an antenna device to execute the beamforming method. Both arts are considered analogous arts as they both disclose antennas with phase arrays and lenses that refract electromagnetic waves and also methods of beam forming. The modification would render the predictable results of storing and executing tasks and updates to improve overall functionality.
Claim 13 is rejected under the same analysis as claim 11.
References Cited But Not Relied Upon
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as thus:
Toplicar et al US 6693590 B1 discloses conventionality of phased arrays systems that comprises an element combining process, a complex multiplier and accumulation (summation)
Winiecki et al US 20220368027 A1 discloses a phased array antenna system that comprises high frequency converters such as down conversion mixers (para [0033]), complex amplitude multipliers such as combiner circuits (para [0035]), and high frequency such as Radio Frequency (Abstract)
Peterson et al US 20220103241 A1 discloses dual-polarization beamforming elements connected to baseband chains that may include hybrid beamforming implementation (para [0004]), higher frequency bands such as mmWave (para [0003]), complex amplitude multipliers such as precoder weights (para [0046]), and complex amplitude multipliers such as combiners (para [0044])
Steer et al US 20140133322 A1 discloses a method and apparatus for improving capacity in wireless communication wherein inverse Fourier transform is performed and may be a complex valued number representing the amplitude and phase of the radio signal [0110] The inverse Fourier transform performed by inverse Fourier transform unit 340 is a two-dimensional inverse Fourier Transform. As indicated previously, each of the image plane elements synthesized by inverse Fourier transform unit 340 may be a complex valued number representing the amplitude and phase of the radio signal of a corresponding area of the object plane. In applications of aperture synthesis for radio astronomy, a two-dimensional inverse Fourier Transform may be a good approximation for the imaging process for geometries in which there is a relatively small angle between the axis of the antenna array 310 and the sources to be imaged…
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY JENKINS whose telephone number is (571)272-0404. The examiner can normally be reached Monday - Friday 8a-5p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at 517.270.5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY JENKINS/Examiner, Art Unit 3648
/VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648