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 .
Information Disclosure Statement
Applicant submitted IDSs on 12/6/2024 and 12/12/2024. The 12/6/2024 IDS has an error in the number of the first listed US PGPub (20142085385). The 12/12/2024 IDS differs from the 12/6/2024 IDS only in that it corrects the number of the first listed PGPub to 20140285385. Examiner has therefore lined through the documents on the 12/6/2024 IDS because one document is incorrectly listed and the rest are duplicates of the 12/12/2024 IDS documents.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
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 13 is 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.
Regarding claim 13 lines 5, 8, 11, and 13, “the first sub-antenna” and “the second sub-antenna” lack antecedent basis in the claim.
Claim Rejections - 35 USC § 102
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.
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments. Merck & Co.v. Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert, denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005) See MPEP 2123.
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 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aoki (US 20140285385 A1, cited on IDS).
Regarding claim 1, Aoki teaches a wearable device (Fig. 10A), wherein the wearable device comprises:
a wearable body (101, Fig. 10A), a wearable band (102, Fig. 10A), a first antenna module (112, Fig. 10A; para. [0050]) and a second antenna module (113f, Fig. 10A; para. [0053]), wherein the wearable body is connected to the wearable band (connection shown in Fig. 10A); and
the first antenna module is disposed on the wearable body (antenna 112 is disposed on wearable body 101 as shown in Fig. 10A), and the second antenna module is disposed on the wearable band (antenna 113f is disposed on wearable band 102 as shown in Fig. 10); and
a phase difference between the first antenna module and the second antenna module is adjustable, so that a directivity pattern of an antenna array is adjustable, wherein the antenna array comprises the first antenna module and the second antenna module (para. [0199] “directivity control can be achieved”; para. [0273] “by appropriately designing a transmission line... an antenna device capable of directivity control”; para. [0285] “designing the transmission path length, inductance line, and capacity line forming the conductive element 113g such that the phase difference of an electromagnetic wave radiated from the antenna element 112 is set at 90⁰, circular polarization with favorable directivity can be generated”); and
the first antenna module is an active antenna module, and the second antenna module is a passive antenna module (abstract “an antenna element which transmits or receives an electromagnetic wave having a specific frequency by being supplied with electric power”, referring to antenna 112; para. [0182] “conductive element 113f is insulated from the surroundings, and serves as a parasitic element not supplied with electric power from outside”; para. [0063] “the conductive element 113 is provided so as to be electromagnetically coupled to the antenna element 112”).
Regarding claim 11, in addition to what has already been discussed with respect to claim 1, Aoki teaches:
adjusting a phase difference of the antenna array (phase difference is adjusted by design as per para. [0285] “appropriately designing the transmission path length, inductance line, and capacity line forming the conductive element 113g such that the phase difference of an electromagnetic wave radiated from the antenna element 112 is set at 90⁰”); and
adjusting a directivity pattern of the antenna array by adjusting the phase difference of the antenna array (para. [0285] “by appropriately designing... circular polarization with favorable directivity can be generated”).
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 2, 3, 6, 7, 12, 14, 15, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Aoki (US 20140285385 A1, cited on IDS) in view of Wang (CN 112216957, cited on IDS).
Regarding claim 2, Aoki does not teach:
a switch assembly, and the phase difference between a first antenna module and a second antenna module is adjustable through the switch assembly; and
the switch assembly has one first end and a plurality of second ends, the first end of the switch assembly is grounded, and the plurality of second ends of the switch assembly are all connected to the second antenna module.
Aoki merely broadly teaches that the shape and length of second antenna module 113 can be selected for directivity control (paras. [0128], [0199]).
Wang, in analogous art (Figs. 1, 2), teaches:
a switch assembly (4, Figs. 4, 6, 7), and the phase difference between a first antenna module (31, Figs. 4, 6, 7) and a second antenna module (21, Figs. 4, 6, 7) is adjustable through the switch assembly (switch assembly 4 provides for adjustment of antenna module 21 shapes/lengths, necessarily resulting in a corresponding adjustment of phase difference between 21 and 31); and
the switch assembly has one first end and a plurality of second ends, the first end of the switch assembly is grounded, and the plurality of second ends of the switch assembly are all connected to the second antenna module (see switch 4, Figs. 4, 6, 7, where the switch has a first end and a plurality of second ends, the first end connected to ground terminal 12, and the second ends connected to second antenna module 21).
It would have been obvious to modify Aoki in view of Wang in order to provide for dynamically adjustable antenna shape and length and therefore dynamic phase difference and directivity control. This is a matter of combining prior art elements according to known methods to yield predictable results, an exemplary rationale that supports a conclusion of obviousness, see KSR Int’l Co. v. Teleflex Inc..
Regarding claim 3, Wang teaches wherein locations at which all of the plurality of second ends of the switch assembly are connected to the second antenna module are different, the locations at which all of the plurality of second ends are connected to the second antenna module are in a same straight line, and a distance between locations at which any two adjacent second ends are connected to the second antenna module is constant (see 4, Figs. 4, 6, and 7, where each switch connects to second antenna module 21 at one of four different locations, the locations are all in a same straight line, and the distance between the locations is constant). As above, it would have been obvious to modify Aoki in view of Wang in order to provide for dynamically adjustable antenna shape and length and therefore dynamic phase difference and directivity control.
Regarding claims 6 and 18, when modified according to Wang, Aoki’s second antenna module will comprise first and second sub-antennas separated by a preset distance, where the sub-antennas are individual ones of Wang’s antennas 23, which are shown in Fig. 4 as separated by a preset distance. As above, it would have been obvious to modify Aoki in view of Wang in order to provide for dynamically adjustable antenna shape and length and therefore dynamic phase difference and directivity control.
Regarding claims 7, 14, 15, and 19, the combination of Aoki and Wang meets the claim language as discussed above with respect to 2 and 3, where any two of the four switches shown at 4, Fig. 4, 6, and 7 meet the claimed first and second switch elements, each of which has one end connected to ground 12 and the other to one of sub-antennas 23.
Regarding claim 12, in addition to what has already been discussed with respect to claim 2, Aoki does not teach that adjusting a phase difference of the antenna array comprises:
adjusting an operating length of the second antenna module by changing a connection state between the first end and the plurality of second ends in the switch assembly, wherein the operating length of the second antenna module is an effective length of the second antenna module for operating; and
the connection state comprises a conducting state and a disconnected state; and adjusting the phase difference by adjusting the operating length of the second antenna module.
Wang teaches:
adjusting an operating length of a second antenna module (antenna module 21, Figs. 6-7) by changing a connection state between a first end and the plurality of second ends in a switch assembly (switch assembly 4, Figs. 6, 7, where a first end is connected to ground 12 and there are four second ends, and the operating length is adjusted according to which of antennas 23 is selected by switch assembly 4, as each of these antennas has a different length), wherein the operating length of the second antenna module is an effective length of the second antenna module for operating (inherent); and
the connection state comprises a conducting state and a disconnected state (conducting and disconnected states are obtained by closing and opening switches 4); and
adjusting the phase difference by adjusting the operating length of the second antenna module (the operating length is adjusted according to which of antennas 23 is selected).
As above, it would have been obvious to modify Aoki in view of Wang in order to provide for adjustable antenna shape and length and therefore adjustable phase difference and directivity control.
Claims 5, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Aoki (US 20140285385 A1, cited on IDS) in view of Wang (CN 112216957, cited on IDS) as applied to claims 1 and 11 above, and further in view of Aoki (US 20120218162 A1, referred to as Aoki ‘162).
Regarding claims 5, 10 and 17, Aoki teaches the wearable device comprising first and second target reactance components (para. [0309] “induction line, and capacity line”; LP and C/CP, Figs. 18B-C and 20A-B), and the phase difference between the first antenna module and the second antenna module is adjustable through the first and second target reactance component (para. [0285] “appropriately designing the... inductance line, and capacity line forming the conductive element 113g such that the phase difference of an electromagnetic wave radiated from the antenna element 112 is set at 90⁰”). Further, the induction and capacity lines LP and CP have first and second ends as shown in Figs 18B-C and 20A-B, where one of the ends is connected to the second antenna module EP as shown in Figs. 20A-B.
Aoki does not teach the other ends of the reactance components being grounded. However Aoki para. [0297] describes the induction and capacity lines as corresponding to those in JP publication 2011-176495, and Aoki ‘162, the corresponding US publication, shows in Fig. 18 at least one end of each of the inductance line 940 and capacitance 960 connected to grounding part 980. Connecting the reactance component to ground is therefore considered, if not inherent, an obvious modification of Aoki.
Allowable Subject Matter
Claims 4, 8, 9, 16, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Vanjani (US 10615489 B2) Fig. 1 shows first and second antenna modules (106, 107) on a wearable body (104) and a wearable band (107):
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Woods (US 20220155817 A1) Fig. 3A teaches first and second antenna modules (130a, 130c) on a wearable body and a wearable band:
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/CASSI J GALT/Primary Examiner, Art Unit 3648
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