DETAILED ACTION
Status of Claims
Claim 7 is new.
Claims 1, 4 are canceled.
Claim 3 is amended.
Claims 3, 7, are pending.
Priority
Applicant’s claim for the benefit of a prior-filed application filed in JP 2021-056222 on 03/29/2021 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 § 102 and 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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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 3, 7 are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Guo (US 20220140460).
Regarding Claim 3, 7, Guo discloses the following limitations:
A phase shifter comprising: a plurality of transmission channels each having an end connected to an antenna element, and each of the plurality of transmission channels is formed with a gap, the plurality of transmission channels having different lengths; (Guo – [Fig. 12], [0023] In an embodiment, the antenna device further includes a plurality of main switch units connected in one-to-one correspondence with the plurality of antenna units, and each antenna unit further including at least one sub-switch unit in one-to-one correspondence with the at least one phase shifter, wherein each phase shifter is connected to the main switch unit corresponding to the antenna unit including the phase shifter through a corresponding sub-switch unit, [0038] The inventors of the present inventive concept have found that, in an existing MEMS phase shifter, a middle portion of a metal film bridge is suspended above a coplanar waveguide signal line with an air gap between the signal line and the metal film bridge. Each metal film bridge and the signal line form a switch, and electrostatic adsorption can occur between the middle portion of the metal film bridge and the signal line by providing a bias voltage signal (which may also be referred to as a bias voltage or a voltage difference) Vs to the metal film bridge, such that the metal film bridge is pulled down to a certain position above a dielectric isolation layer on the signal line, and a capacitance between the metal film bridge and the signal line is changed, thereby changing a phase of a radio frequency signal transmitted on the signal line. [0043] It should be understood that only one film bridge 500 is illustrated in FIGS. 1-2 and 4-8 for convenience of illustration, but an embodiment of the present disclosure is not limited thereto. Alternatively, the phase shifter according to an embodiment of the present disclosure may include a plurality of (i.e., two or more) film bridges 500.)
first movable electrodes each being provided to the gaps of the plurality of transmission channels, and (Guo – [0038], [0058] In the present embodiment, the two adsorption portions 513 are connected to each of two sides of the electrode portion 511 of the bridge floor structure 510, and the two adsorption portions 513 [0039] However, in the conventional MEMS phase shifter, the switch formed by each metal film bridge and the signal line can only be switched between a turn-on state and a turn-off state, i.e., the capacitance between the metal film bridge and the signal line can only be switched between two values. [0044] In the phase shifter according to the present embodiment, the capacitance adjusting component can adjust the capacitance between the film bridge 500 and the signal line 200 to the target capacitance according to the magnitude of the bias voltage, and the target capacitance can be freely changed within a certain range according to the magnitude of the bias voltage. That is, during the operation of the phase shifter, the capacitance between a single film bridge 500 and the signal line 200 is continuously adjustable, thereby achieving continuous adjustment of the phase of the radio frequency signal transmitted on the signal line 200 through the single film bridge 500. Compared with the scheme that a single switch of the conventional MEMS phase shifter can only be switched between a turn-on state and an a turn-off state (i.e., can only adjust the phase of the radio frequency signal by a fixed amplitude), the present embodiment greatly improves a phase shifting capability of the phase shifter.)
each of the first movable electrodes moves in a direction parallel to the plurality of transmission channels to be switched to an on-state and moves in a direction parallel to the plurality of transmission channels to be switched to an off-state, the on-state being a state in which the first movable electrode overlaps transmission channel end portions on both ends of a corresponding one of the gaps and is inductively coupled with the transmission channel end portions, the off-state being a state in which the first movable electrode does not overlap at least one of the transmission channel end portions on both ends of the corresponding gap and is not inductively coupled with the at least one of the transmission channel end portions; (Guo – [0038], [0039], [0044], [0004] A first aspect of the present disclosure provides a phase shifter, which includes: a substrate, a signal line on the substrate, ground lines in pairs on the substrate, and a capacitance adjusting component, wherein, two ground lines in a same pair of ground lines are on both sides of the signal line and spaced apart from the signal line, respectively, the capacitance adjusting component includes a film bridge, both ends of the film bridge are on the two ground lines, respectively, the signal line is in a space enclosed by the film bridge and the substrate, the capacitance adjusting component is configured to adjust a capacitance between the film bridge and the signal line to a target capacitance when the capacitance adjusting component receives a bias voltage, and the target capacitance has a linear correlation with a magnitude of the bias voltage. [0057] FIG. 10 is a schematic diagram illustrating that a displacement of a center point of a film bridge of the phase shifter according to an embodiment of the present disclosure is changed as a bias voltage is changed.)
pairs of fixed electrodes that are provided to both ends of the gaps of the plurality of transmission channels; (Guo – [0038], [0039], [0044], [0058])
second movable electrodes each of the second movable electrodes moves in at least one of a parallel direction and a perpendicular direction while both ends of the second movable electrode overlap and are inductively coupled with both of a corresponding one of the pairs of fixed electrodes, the parallel direction being a direction parallel to the fixed electrodes, the perpendicular direction being a direction perpendicular to the corresponding fixed electrodes; and (Guo – [Fig. 9], [0038], [0044], [0057], [0058])
a plurality of MEMS mechanisms that move the first and second movable electrodes, wherein the plurality of MEMS mechanisms change a phase difference by switching each of the first movable electrodes to one of the on-state and the off-state to switch the lengths of the plurality of transmission channels and changing an amount of overlap and a distance between both ends of each second movable electrode and a corresponding one of the pairs of fixed electrodes to change a coupling capacitance of the second movable electrode and the corresponding fixed electrodes. (Guo – [0023], [0038], [0039], [0044], [0057], [0058])
In the alternative, one of ordinary skill in the art would understand from Guo that phase shifting that utilizes an on/off state can be achieved by displacement and it would be obvious that the electrodes of Guo could be displaced in a parallel direction to achieve these states. As the electrodes transition from an on to off state, Guo teaches a change in capacitance that can be used for further phase shifting. It would be obvious that this change in capacitance is due to displacement and can be performed in the perpendicular direction.
Response to Arguments
Applicant’s arguments, see Pages 6-7, filed 11/26/2025, with respect to the rejection under 35 U.S.C. § 102 and 103 have been fully considered and are not persuasive. Applicant argues that Guo do not teach or suggest "wherein the plurality of MEMS mechanisms change a phase difference by switching each of the first movable electrodes to one of the on-state and the off-state to switch the lengths of the transmission channels and changing an amount of overlap and a distance between both ends of each second movable electrode and a corresponding one of the pairs of fixed electrodes to change a coupling capacitance of the second movable electrode and the corresponding fixed electrodes" without arguing any of the cited passages of Guo. Guo cites conventional MEMS phase shifters that switch between a turn-on state and a turn-off state and a present embodiment, where the “capacitance adjusting component can adjust the capacitance between the film bridge 500 and the signal line 200 to the target capacitance according to the magnitude of the bias voltage”. It would be obvious to implement both of these functions since the bias voltage would inherently still provide a turn-on state and a turn-off state. This function is dependent on distance and inherently loses bias voltage when the MEMS phase shifter is moved from an overlapped position to a nonoverlapped position (Guo – Fig. 9).
Applicant's remaining arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims is understandable and distinguishable from other inventions.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure or directed to the state of art is listed on the enclosed PTO-892.
The following is a brief description for relevant prior art that was cited but not applied:
DeNatale (US 20050068123) describes a hybrid circuit phase shifter assembly of RF MEMS switch modules and passive phase delay shifter circuits.
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/BRANDON JAMES HENSON/Examiner, Art Unit 3645
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3645