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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 24th 2026 has been entered.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-8 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “a first subgroup of variable phase shifters, among the plurality of subgroups, to cause a phase shift that relies on rise time of phase shift while at least one second subgroup of variable phase shifters, among the plurality of subgroups, is undergoing fall time of phase shift” which renders the claim indefinite.
The claim recites the rise time of a phase shift and undergoing a fall time of phase shift but it is unclear which phase shift is being referred to and whether it is the phase shift of the first subgroup or another phase shift. Based on the specifications each subgroup of phase shifters can be designed to cause a phase shift and the claim recites the first subgroup causing a phase shift. However the rest of the claim would imply that the second subgroup is also based on this phase shift even though it would have to be causing its own phase shift. Furthermore, it is unclear what “undergoing a fall time of a phase shift” means, since the specifications just disclose each subgroup causing phase shifts that can be relies on rise and fall times. For the purposes of examination, the examiner, as best understood, will interpret the claim to mean “a first subgroup of variable phase shifters, among the plurality of subgroups, to cause a first phase shift that relies on a rise time of the first phase shift while at least one second subgroup of variable phase shifters, among the plurality of subgroups, causes a second phase shift that relies on a fall time of the second phase shift”.
Claims 2-8 inherit the indefiniteness of claim 1.
Claim 6 recites the limitation “introduces a fifth phase shift” which renders the claim indefinite. Claim 6 and claim 1 from which it depends, never reciting having a second, third, and fourth phase shift and as such it is unclear as to how there can be a fifth phase shift. As such the term “fifth phase shift” has insufficient antecedent basis. The specifications also do not explicitly disclose a fifth phase shift but rather multiple subgroups of phase shifters that can cause phase shifts. For the purposes of examination, the examiner, as best understood, will interpret claim 6 to mean “introduces a phase shift” to bring the claim more in line with what is taught in the specifications and drawings.
Claim 7 inherits the indefiniteness of claim 6.
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.
Claim(s) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (IDS Reference US 20210036404 A1) in view of Haziza et al. (US 10505280 B2) and Groenenboom (US 6140962 A).
Regarding Claim 1 as best understood, Lee et al. discloses an antenna (Wireless communication module 192 comprises antenna modules and serves as an antenna unit as seen in figure 2 of Lee et al.), comprising:
a plurality of radiators arranged in an array (Antenna 242, 244, and 248 can each comprise a plurality of radiating elements like 330 which form an array; Paragraph 45-61 and figure 2-3 of Lee et al.);
a plurality of transmission lines (Antenna modules each comprise transmission lines like 411-412, 431-434, and 451-452 which form a plurality of lines that connect electrical components like RFIC, RFFE, and the antenna elements to allow RF signals to flow; Paragraph 53-78 and figure 3 and 4 of Lee et al.),
a plurality of variable phase shifters divided into a plurality of subgroups of variable phase shifters (Each of the antenna modules include phase shifters forming a plurality wherein a single module like 246 can include a subgroup of 4 phase shifters 471-474 connected to the antenna units; Paragraph 65-78 and figure 4 of Lee et al.), and collectively introduces a phase shift of 0o-360o (Table 1 and 2 teach different phase shift values for the phase shifters 471-474 wherein each phase shifter can shift at values between 45-90 degrees such that a collective shift would be between 0-360 degrees and the first and second table show combinations with a collective shift of 0-360 degrees; Paragraph 65-78 and figure 4 of Lee et al.);
a controller outputting a signal indicative of amount of phase shift to be activated for each of the radiators (Communication processors 212 and 214 control the phase shift value of each phase shifter 471-474 which in turn are connected to the antenna elements; Paragraph 9-11 and 71-78 as well as figure 4 of Lee et al.);
a switch interposed between the transmission lines and the plurality of variable phase shifters, the switch receiving the signal from the controller and connecting selected variable phase shifters to selected transmission lines according to the signal, the switch operated to activate a first subgroup of variable phase shifters, among the plurality of subgroup to cause a phase shift, according to the signal indicative of the amount of phase shift (A switch 440 is connected between the plurality of lines 431-434 and the phase shifters 471-474 wherein the controller passes a signal to control the switch and connect the phase shifter to a corresponding line such that a correct phase can be implemented by the selected phase shifter wherein the controller signal would be indicative of the amount of phase shift; Paragraph 9-11 and 77 as well as figure 4 of Lee et al).
Lee et al. fails to explicitly disclose the transmission lines, each coupled to one of the radiators and each of the subgroups of variable phase shifters interposed between one of the transmission lines and one of the radiators and the switch operated to activate a first subgroup of variable phase shifters, among the plurality of subgroups, to cause a phase shift that relies on rise time of phase shift while at least one second subgroup of variable phase shifters, among the plurality of subgroups, is undergoing fall time of phase shift.
Lee et al. does suggest the switch operated to activate a first subgroup of variable phase shifters, among the plurality of subgroups, to cause a phase shift that relies on rise time of phase shift while at least one second subgroup of variable phase shifters, among the plurality of subgroups, is undergoing fall time of phase shift (The limitation as recited, is a function of the subgroup of variable phase shifters wherein one of ordinary skill could implement phase shifts based on rise time and fall time especially considering the antenna discloses shifters at 0 degrees and then later at 90 degrees which would be a phase shift based on a rise time and as well as shifters at 90 degrees and then later at 0 degrees which would be a phase shift based on fall time which can be seen by looking at tables 1 and 2 and as such the function would be inherent based on Lee et al. having the switches, subgroups of variable phase shifters, and disclosing multiple changing phase shifters for said subgroups.).
However, Haziza et al. does disclose the transmission lines, each coupled to one of the radiators and each of the subgroups of variable phase shifters interposed between one of the transmission lines and one of the radiators (Radiating Patch 612 is coupled to a transmission line via a connector 665 and a subgroup of variable phase shifters in the form of delay lines 615 and 617 are connected to the radiator and interposed between the transmission line and the radiator wherein this structure comprised a single radiating element which may be part of an array thus forming a plurality of said elements; Paragraph 14-17 and 25-33 and figure 6b of Haziza et al.).
Groenenboom further discloses the switch operated to activate a first subgroup of variable phase shifters, among the plurality of subgroups, to cause a phase shift that relies on rise time of phase shift while at least one second subgroup of variable phase shifters, among the plurality of subgroups, is undergoing fall time of phase shift (Antenna array comprises four antenna modules in the form of antenna faces 1-4 wherein each antenna 1-4 can comprise multiple variable phase shifters like 12/15 thus forming subgroups of shifters wherein the active modules would be determined based on a rise and fall time such that the phase shift of each module, from the subgroup of the modules, would be based on the rise/fall times wherein one subgroup would be based on a rise time and another can be based on a fall time; Column 2-4 and figures 1 and 3 of Groenenboom).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Lee et al. to have transmission lines, each coupled to one of the radiators and each of the subgroups of variable phase shifters interposed between one of the transmission lines and one of the radiators as taught by Haziza et al. to feed a signal to the radiating element wherein the signal is shifted by the subgroup and then radiated out (Paragraph 32-33).
It would have been further obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Lee et al. and Haziza et al. to have the switch operated to activate a first subgroup of variable phase shifters, among the plurality of subgroups, to cause a phase shift that relies on rise time of phase shift while at least one second subgroup of variable phase shifters, among the plurality of subgroups, is undergoing fall time of phase shift as taught by Groenenboom to control the beam shape and the side lobe behavior as well as improving isolation (Column 2 of Groenenboom).
Examiner’s note - When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.) See also MPEP § 2173.05(g). If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus. In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432. See also Bettcher Industries, Inc. v. Bunzl USA, Inc., 661 F.3d 629, 639-40,100 USPQ2d 1433, 1440 (Fed. Cir. 2011). The burden then shifts to applicant to establish that the prior art does not possess the characteristic relied on. In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432; In re Swinehart, 439 F.2d 210, 213, 169 USPQ 226, 228 (CCPA 1971) ("where the Patent Office has reason to believe that a functional limitation asserted to be critical for establishing novelty in the claimed.
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Regarding Claim 2, Lee et al. further discloses wherein each variable phase shifter of each subgroup of variable phase shifters introduces a phase shift of less than 3600 (Phase shifters can introduce a phase anywhere between 0 and 360 degrees and thus have values less than 360; Paragraph 74-76 and table 2 of Lee et al.).
Regarding Claim 3, Lee et al. further discloses wherein each variable phase shifter of each subgroup of variable phase shifters introduces a phase shift up to 3600/x, wherein x is a natural number of 2 or larger (When x = 4 each of the phase shifters can introduce a phase up to 90 degrees; Paragraph 74-76 and table 2 of Lee et al.).
Regarding Claim 4, Lee et al. further discloses wherein each of the plurality of subgroups of variable phase shifters includes n variable phase shifters, each variable phase shifter of each subgroup introduces a phase shift of up to 3600/n, and n is natural number greater than or equal to 2 (There can be 4 variable phase shifters thus n=4 wherein each phase shifter can be configured to introduce a phase up to 90 degrees; Paragraph 74-76 and table 2 of Lee et al.).
Regarding Claim 5, Lee et al. further discloses further comprising a plurality of fixed phase shifters, wherein at least one variable phase shifter of each subgroup of variable phase shifters is connected to one of the plurality of fixed phase shifters (Transmission lines 431-434 can be configured as phase shift lines wherein each of them is designed to have a fixed length such that they can impart a certain phase thus serving as a fixed phase shifter wherein at least one of these lines would be connected to one of the variable phase shifters in a subgroup through distribution lines; Paragraph 73-77 as well as figure 4 and table 2 of Lee et al.).
Regarding Claim 6, Lee et al. further discloses wherein each of the plurality of subgroups of variable phase shifters includes n variable phase shifters, each variable phase shifter of the subgroup introduces a fifth phase shift of up to (3600/n) + m, wherein m< (3600/n) (Each of the 4 phase shifters can be configured to introduce a phase up to 157.5 or 135 wherein n =4 and m would be less than 90 degrees; Paragraph 74-76 and table 2 of Lee et al.).
Regarding Claim 7, Lee et al. further discloses further comprising a plurality of fixed phase shifters, wherein at least one variable phase shifter of each subgroup is connected to one of the plurality of fixed phase shifters (Transmission lines 431-434 can be configured as phase shift lines wherein each of them is designed to have a fixed length such that they can impart a certain phase thus serving as a fixed phase shifter wherein at least one of these lines would be connected to one of the variable phase shifters in a subgroup through distribution lines; Paragraph 73-77 as well as figure 4 and table 2 of Lee et al.).
Regarding Claim 8, Lee et al. further discloses wherein the controller further outputs a control signal indicative of the amount of electrical potential corresponding to the amount of phase shift to be activated for each of the radiators (Communication processors 212 and 214 control the phase shift value of each phase shifter 471-474 specifically setting the value of each phase shifter wherein such control would be done through a control signal outputted to the phase shifters specifically corresponding to the amount of phase shift required wherein a signal might be outputted depending on whether the phase shifter needs to be used; Paragraph 9-11 and 71-78 as well as figure 4 of Lee et al).
Response to Arguments
“In rejecting claim 1, prior to amendment, the Office Action points to paragraphs 65-78 and Fig. 4 of Lee as disclosing "a plurality of variable phase shifters divided into a plurality of subgroups".
Lee, with reference to Fig. 4, discloses "a connection structure of an RFFE chip including an RFIC chip and phase shifters". (Lee, para. 0065). In Fig. 4 of Lee, "the third antenna module 246 may include the printed circuit board 310, the RFIC 352, a phase shift interface 430, and/or the RFFE 356. Each of the RFIC 352 and the RFFE 356 may be formed of a single chip. In an embodiment, the RFIC 352 and/or the RFFE 356 may be mounted on the printed circuit board 310." (Lee, para. 0066). "For example, when antenna elements are arranged in 1 x4 array and an antenna interval is k/2 (e.g., k is the length of the wavelength of the signal transmitted and received through an antenna), the phase values of first to fourth phase shifters 471 to 474 may be set as shown in Table 1 to determine the direction (e.g., Beam Angle) of transmit (TX) beam and/or receive (RX) beam." (Lee, para. 0067). Furthermore, Lee discloses "Referring to Table 1 each of the first to fourth phase shifters 471 to 474 may be set to one of phase values between 0 and 360 degrees. For example, the first to fourth phase shifters 471 to 474 may represent a phase value, using the total number of bits (e.g., 4 bits) used for phase shift in the third antenna module 246." (Lee, para. 0068).
Accordingly, from the above-quoted portions, while Lee discloses an antenna module 246 that includes four phase shifters 471-474, it is important to note that nowhere in Lee discloses that the four phase shifters 471-474 collectively introduce a phase shift of 00-3600. Indeed, as disclosed in paragraph 0068 and Table 1 of Lee, each of the phase shifters 471-474 is set to a phase value between 0 and 360 degrees, so collectively, they would introduce a phase shift larger than 360 degrees.
Therefore, Lee cannot disclose "each of the subgroups of variable phase collectively introduces a phase shift of 00-3600 as specified by claim 1.”
Applicant's arguments filed on July 24th 2026 in regards to claim 1 have been fully considered but they are not persuasive. For starters, the examiner notes that the limitation of “collectively introduces a phase shift of 00-3600” is a functional limitation and as such would only require the components required to do so which the applicant has acknowledged that the Lee discloses (plurality of variable phase shifters) and as such said function can be assumed to be inherent. However, Lee also does explicitly disclose the function, as noted by the applicant, each of the four shifters can introduce a phase of 0-360 degrees which would allow them to collectively introduce a phase shift between 0-360 degrees since they can each be set to say 90 degrees. This is supported by table 1 and 2 of Lee which discloses that each phase shifter 471-474 can have values between 0-90 degrees thus meeting the requirements to collectively introduce a phase shift between 0-360 degrees. Finally the tables 1 and 2 themselves, disclose different possible beam angles wherein some of these beam angles have sets showing the phase shifts of all four shifters such that the collective phase shift is between 0-360 degrees.
The rest of the applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
WO 2019234720A1 (PALAZZI VALENTINA et al.) discloses an antenna comprising a plurality of variable phase shifters and fixed phase shifters coupled to a radiating antenna element.
US 20150244072 A1 (Harel; Jean-Pierre) discloses an antenna comprising a plurality of variable phase shifters connected to an antenna element and a switch for selecting a transmission line to connect to the phase shifters.
US 20200303833 A1 (UEDA; Hideki) discloses an antenna array with a plurality of radiating elements wherein each radiating element is connected to a subgroup of variable phase shifters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GURBIR SINGH whose telephone number is (703)756-4637. The examiner can normally be reached Monday - Thursday 8 a.m. - 5 p.m. ET.
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/DAMEON E LEVI/Supervisory Patent Examiner, Art Unit 2845
/GURBIR SINGH/Examiner, Art Unit 2845
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