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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 7, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements is being considered by the examiner.
Response to Amendment
The amendment filed January 7, 2026 has been entered. The Applicant amended claims 1-6. Claims 1-13 remain pending in the application. Applicant’s amendments to the Specification, Drawings, and Claims have not overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed September 10, 2025. The remaining 112(b) rejections and the Drawings and Claims objections are stated below.
Regarding the Drawings objections, the applicant states that the leftmost and rightmost “40” numerals designate identical ones of the plurality of movable substrates, however there is a third “40” between “41” and “43” that appears to be a different part as it is not identical with the left and right plurality of movable substrates.
The applicant did not address the second Drawings objection regarding a reference numeral “45” included the Drawings that is not mentioned in the description.
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection.
Applicant's arguments filed January 7, 2026 with respect to claim 4 have been fully considered but they are not persuasive.
Regarding claim 4, the applicant argues “Applicant respectfully traverses both rejections because they are premised on an impermissibly broad and abstract interpretation of the term ‘module rod,’ which is inconsistent with the express claim language and the disclosure of the present application. Claim 4 recites a phase shift switching part that includes a plurality of movable substrate installing parts, a module rod connecting the plurality of movable substrate installing parts in module units, a movable rod extending from the module rod in a reciprocation moving direction, and a moving drive part configured to move the movable rod. Thus, the module rod is not merely any structure that accommodates multiple substrates, but rather a distinct mechanical member that physically connects multiple installing parts and mechanically cooperates with the movable rod and the moving drive part to achieve synchronized reciprocating movement.” This argument is unpersuasive, amended claim 4 does not include the limitations “a distinct mechanical member” or “synchronized reciprocating movement” or limitations that add structure to “a module rod” such that 120 of Moon is excluded from disclosing, with a broad and reasonable interpretation “a module rod”. Additionally, 120 of Moon does physically connect multiple installing parts (126) and mechanically cooperates with a moving drive part (30, 302, 312) to move in a reciprocation moving direction.
“Moon does not disclose or suggest such a structure. Moon relies on a single mobile plate that slides within a housing, and sub-plates disclosed therein are merely pattern modules inserted into grooves of the mobile plate. Moon does not disclose a plurality of movable substrate installing parts, nor any rod-shaped member that connects such installing parts, nor any intermediate member extending from such a rod and driven by a drive mechanism. Treating Moon's mobile plate as a ‘module rod’ effectively reads the structural limitations of claim 4 out of the claim and reduces the module rod to a generalized functional concept, which is improper in an anticipation analysis.” This argument is unpersuasive. Moon does disclose a plurality of movable substrate installing parts 124. As stated above, amended claim 4 does not include limitations that add structure to “a module rod” such that 120 of Moon is excluded from disclosing, with a broad and reasonable interpretation “a module rod”. Claim 4, as written, does not include structural limitations on the shape of “a movable rod” and does not include the limitation “intermediate member extending from such a rod and driven by a drive mechanism”, and therefore prior art does not need to disclose these to anticipate the claimed invention.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “40” in Fig. 2A has been used to designate both a movable substrate and a different part.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 45. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 3 is objected to because of the following informalities:
In claim 3, “the plurality of movable substrate” is improper and should read “the plurality of movable substrates”
Appropriate correction is required.
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.
Claims 1-13 are 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 top surface thereof” in line 4. It is unclear if “thereof” is referencing “a fixed substrate” or “the base panel”.
Claim 4 recites the limitation “a top surface thereof” in line 4. It is unclear if “thereof” is referencing “a fixed substrate” or “the base panel”.
Claim 6 recites the limitation "the respective movable substrate" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the limitation is referring to the previous “the plurality of movable substrates” or a new limitation.
Claim 6 recites the limitation "the movable substrate" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the limitation is referring to the previous “the plurality of movable substrates” or “the respective movable substrate” or a new limitation.
Claim 6 recites the limitation "the circuit pattern" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the limitation is referring to the previous “the plurality of circuit patterns” or a new limitation.
Claim 8 recites the limitation "reduces speed" in lines 3-4. It is unclear what speed is being reduced.
Claim 11 recites the limitation "the rotation shaft of the drive motor" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the reciprocation moving of the movable rod" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claims 3 and 13 inherit the deficiencies of claim 1.
Claims 5, 7, and 9-10 inherit the deficiencies of claim 4.
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)(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 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Katipally et al. (US PGPUB 2015/0028968 A1), hereinafter known as Katipally.
Regarding claim 1, Katipally discloses (Fig. 1A-1C, 2B, 4, 5, and 6) A phase shifter comprising: a base panel (base panel of Fig. 5 and 6); a fixed substrate (122) which is laminated and fixed on one side or another side on the base panel (base panel of Fig. 5 and 6) and has a plurality of circuit patterns (124) printed on a top surface thereof; and a phase shift switching part (100) provided with a plurality of movable substrates (134) including movable strip terminals (136) which are in contact with the plurality of circuit patterns of the fixed substrate ([0033]), wherein the phase shift switching part (100) is configured to reciprocate the plurality of movable substrates (134) within a predetermined distance in a horizontal direction on the base panel to change positions of contact points of the plurality of movable substrates (134) with respect to the plurality of circuit patterns (124), wherein the plurality of movable substrates (134, 332) are arranged side-by-side in a direction perpendicular to a reciprocating direction of the plurality of movable substrates (134, 332), and wherein the phase shift switching part (100) moves the plurality of movable substrates (134) while always elastically supporting (148) the plurality of movable substrates (134) toward the plurality of circuit patterns (124).
Regarding claim 2, Katipally further discloses (Fig. 1A-1C) wherein the plurality of circuit patterns (124) are printed on the fixed substrate (122) in a form in which a length of a transmission line is changed according to a change in the positions of contact points of the plurality of movable substrates ([0034]).
Regarding claim 3, Katipally further discloses (Fig. 4) wherein the plurality of circuit patterns (200) are formed to branch from one input terminal to two output terminals (200 two output terminals), and wherein a movable strip terminal (332) of the plurality of movable substrate changes the length of the transmission line leading to the two output terminals ([0034]).
Regarding claim 13, Katipally further discloses a communication device including a phase shifter according to claim 1 ([0042]).
Claims 4, 6, 8, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moon et al. (US PGPUB 2012/0056692 A1), hereinafter known as Moon.
Regarding claim 4, Moon discloses (Fig. 1-7 and 11) A phase shifter (Fig. 1) comprising: a base panel (10); a fixed substrate (14) which is laminated and fixed on one side or another side on the base panel (10) and has a plurality of circuit patterns (14; [0028]) printed on a top surface thereof; and a phase shift switching part (12) provided with a plurality of movable substrates (124) including movable strip terminals which are in contact with the plurality of circuit patterns (14; [0028]) of the fixed substrate (14),wherein the phase shift switching part (12) is configured to reciprocate the plurality of movable substrates (124) within a predetermined distance in a horizontal direction on the base panel (10) to change positions of contact points of the movable substrates with respect to the circuit patterns ([0030]), wherein the phase shift switching part (12) moves the plurality of movable substrates while always elastically supporting the plurality of movable substrates toward the circuit patterns ([0039]), wherein the phase shift switching part (12) includes: a plurality of movable substrate installing parts (126) with end portions on which the plurality of movable substrates (124) are seated and installed, respectively; a module rod (12) connecting the plurality of movable substrate installing parts (126) in module units; a movable rod (310) extending straight from the module rod (12) in a reciprocation moving direction; and a moving drive part (30, 302, 312) which moves the movable rod (12) in the reciprocation moving direction.
Regarding claim 6, Moon further discloses (Fig. 3 and 6) wherein an elastic member (125) is interposed between the plurality of movable substrate installing parts (126) and the respective movable substrate (124) to elastically support the movable substrate (124) toward the circuit pattern (14).
Regarding claim 8, Moon further discloses (Fig. 11) wherein the moving drive part (30, 302, 312) includes: a drive motor (30) driven electrically; a set of reduction gears (302) that receives a driving force from the drive motor (30) and reduces speed; and a rack gear part (312) having rack gear teeth (312) formed on one side thereof, and provided on the movable rod (310) such that one gear of the set of reduction gears (302) meshes with the rack gear teeth (312).
Regarding claim 12, Moon further discloses (Fig. 1-4 and 11) wherein on the base panel (10), at least one guide bracket (top brackets of 10) is installed to prevent the movable rod (14) from being deviated and to guide the reciprocation moving of the movable rod (310).
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.
Claims 5, 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Moon in view of McKinzie et al. (US PGPUB 2003/0016097 A1), hereinafter known as McKinzie.
Regarding claim 5, Moon does not specifically teach wherein the fixed substrate is distributively disposed as one side fixed substrate and another side fixed substrate on both opposite sides of the moving drive part located in a central region of the base panel in the reciprocation moving direction, wherein the plurality of movable substrate installing parts and the module rods are provided adjacent to the one side fixed substrate and said another side fixed substrate, respectively, and wherein the movable rod receives a driving force from the moving drive part, and simultaneously moves the plurality of movable substrate installing parts in a same direction.
However, McKinzie teaches (Fig. 8-11) wherein the fixed substrate (500, 608) is distributively disposed as one side fixed substrate (top side of 500) and another side fixed substrate (bottom side of 500) on both opposite sides of the moving drive part (616) located in a central region of the base panel (606) in the reciprocation moving direction (linear motion direction), wherein the plurality of movable substrate installing parts (612) and the module rod (618, 615) are provided adjacent to the one side fixed substrate (top side of 500) and said another side fixed substrate (bottom side of 500), respectively, and wherein the movable rod (616 rod) receives a driving force from the moving drive part (616), and simultaneously moves the plurality of movable substrate installing parts (612) in a same direction (linear motion direction).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the phase shifter of Moon with McKinzie to include “wherein the fixed substrate is distributively disposed as one side fixed substrate and another side fixed substrate on both opposite sides of the moving drive part located in a central region of the base panel in the reciprocation moving direction, wherein the plurality of movable substrate installing parts and the module rods are provided adjacent to the one side fixed substrate and said another side fixed substrate, respectively, and wherein the movable rod receives a driving force from the moving drive part, and simultaneously moves the plurality of movable substrate installing parts in a same direction,” as taught by McKinzie, for the purpose of reducing number of movable parts and reducing costs (see also Abstract and [0056]).
Regarding claim 7, Moon does not specifically teach wherein the elastic member includes a leaf spring.
However, McKinzie teaches wherein the elastic member includes a leaf spring ([0061]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the phase shifter of Moon with McKinzie to include “wherein the elastic member includes a leaf spring,” as taught by McKinzie, for the purpose of establishing and maintaining electrical and mechanical contact and as it is well known to one of ordinary skill in the art (see also [0057] and [0061]).
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Moon in view of Schmutzler et al. (US PGPUB 2017/0365923 A1), hereinafter known as Schmutzler.
Regarding claim 9, Moon does not specifically teach wherein the drive motor is provided as a step motor capable of controlling rotation in one direction or another direction.
However, Schmutzler teaches wherein the drive motor (1260) is provided as a step motor capable of controlling rotation in one direction or another direction ([0171]).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the phase shifter of Moon with Schmutzler to include “wherein the drive motor is provided as a step motor capable of controlling rotation in one direction or another direction,” as taught by Schmutzler, for the purpose of moving the movable rod in a desired direction (see also [0171]).
Regarding claim 10, Moon does not specifically teach wherein the set of reduction gears includes a combination of a plurality of parallel gears meshed with each other in various combinations of gear ratios, and is provided in a gear box.
However, Schmutzler teaches (Fig. 10A, 10C) wherein the set of reduction gears includes a combination of a plurality of parallel gears (1274, 1242, 1244) meshed with each other in various combinations of gear ratios, and is provided in a gear box (1210).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the phase shifter of Moon with Schmutzler to include “wherein the set of reduction gears includes a combination of a plurality of parallel gears meshed with each other in various combinations of gear ratios, and is provided in a gear box,” as taught by Schmutzler, for the purpose of controlling multiple movable rods with reduced size, cost, and weight (see also [0120]).
Regarding claim 11, Moon does not specifically teach wherein the set of reduction gears includes a worm wheel gear including worm wheel gear teeth provided to mesh with a worm gear coupled to the rotation shaft of the drive motor.
However, Schmutzler teaches (Fig. 10A, 10C, and 10F) wherein the set of reduction gears includes a worm wheel gear (1264) including worm wheel gear teeth (1264) provided to mesh with a worm gear (1244) coupled to the rotation shaft of the drive motor (1260).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the phase shifter of Moon with Schmutzler to include “wherein the set of reduction gears includes a worm wheel gear including worm wheel gear teeth provided to mesh with a worm gear coupled to the rotation shaft of the drive motor,” as taught by Schmutzler, for the purpose of controlling multiple movable rods with reduced size, cost, and weight (see also [0120]).
Conclusion
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply.
Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YONCHAN J KIM whose telephone number is (571)272-3204. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dameon Levi can be reached at (571) 272-2105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAMEON E LEVI/Supervisory Patent Examiner, Art Unit 2845
/YONCHAN J KIM/ Examiner, Art Unit 2845
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