DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Finality of the Action
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 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.
Response to Arguments
Applicant's remarks filed on May 22, 2026, have been fully considered. However, the arguments presented therein are unpersuasive to overcome the rejections of record.
Applicant argues that the present disclosure introduces a controller that generates control signals based on the real-time frequency of the input RF signal, which directly adjusts the circuit impedance inside the quadrature signal generator (e.g., adjusting the delay constant of the RC phase-shifting circuit).
Applicant further argues that this represents a frequency-based adaptive reconstruction that ensures accurate quadrature signals at different frequencies, whereas Kang only teaches controlling the amplitude of two signals through a power distribution unit.
However, the Examiner respectfully points out that the features argued by the Applicant—specifically "real-time frequency" dependence and "adjusting the circuit impedance"—are completely absent from the amended claim language. The amendments to independent claims 1, 14, and 15 strictly add the limitation: "wherein the adder is controlled by a control signal generated by a controller based on a preset phase shift angle". Limitations not recited in the claims cannot be read into them to overcome prior art.
Regarding the newly claimed limitation, Kang discloses that four paths of orthogonal signals are input to the signal combining unit U5, and these signals are combined using a control signal. Kang explicitly teaches rationally selecting the combined signal of the polar and its size to obtain an output signal of any phase. As already established in the previous Office Action, the automation of such electronic control signals using a controller (such as a microprocessor) based on a preset or desired phase angle is a routine design choice. Therefore, the amendments do not render the claims patentable.
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.
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 1-5, and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al. (CN 105207644 B, “Active Phase Shifter Based on Vector Synthesis on Sheet,” filed 16 Sep 2015; published 21 Aug 2018) in view of Common Control Algorithm Knowledge.
Regarding claim 1, Kang discloses a phase shifter comprising An orthogonal signal generator connected to an adder (Quadrature (orthogonal) signal generating unit U2 (FIG. 1; p. 4 ll. 30–36) — “generates orthogonal I, Q two signals composed of a low-pass network and a T-type high-pass” The output of U2 is connected to the signal synthesizing unit U5 (p. 4 ll. 36–41)).
Wherein Adder adjusts amplitude and performs vector composition and phase compensation (Signal synthesizing unit U5 (p. 5 ll. 1–10) “comprising a Gilbert cell circuit … having signal amplifying function of polar selection and signal synthesis.” Further (p. 4 ll. 8–13) — “by rationally selecting the combined signal of the polar and the size thereof so as to obtain an output signal of any phase.” This explicitly teaches amplitude adjustment and vector-additive phase composition.)
The signal synthesizing unit U5 acts as the adder and performs signal synthesis and amplitude adjustment.
Kang teaches that four paths of orthogonal signals are input to the signal combining unit U5, and they are combined using a control signal to obtain an output signal of any phase.
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Fig. 1 of Kang annotated by the examiner for ease of reference.
Kang does not explicitly use the exact phrase that the control signal is "generated by a controller based on a preset phase shift angle."
However, replacing manual or basic electronic controls with automated digital preset controls, look-up table values, or microprocessors is a routine automation of known analog controls.
It would have been obvious to a person of ordinary skill in the art to automate Kang's vector modulator using an automatic control algorithm and a controller to generate the control signal based on a desired or preset phase angle to achieve repeatable and accurate phase settings.
Wherein Multiple signal-processing units and adder units (Differential signal generating units U3 and U4 (page 4 ll. 42–47) process and feed their outputs into U5 (page 4, l. 47 – p. 5 l. 3))
Wherein Amplitude-adjustment and phase-compensation units (Power-distribution unit U1 (p. 4 ll. 17–24) performs “gain adjustment and power distribution … outputs two paths of controllable amplitude.” Orthogonal signal generator U2 (p. 4, ll. 31–36) acts as phase compensation via 90° offset)
Wherein Phase-compensation structure π, T or L TYPE (Page 5 ll. 24–29 “The orthogonal signal generating unit is composed of a T-shaped high-pass network and a Π-type (low-pass) network of inductors and capacitors.”)
Wherein the Phase-compensation unit adjustable with gain/output power (Page 5 ll. 17–24 demonstrates gain-controlled transistors MS1–MS4 used to change signal amplitude and thus effective phase position, satisfying adaptive adjustment.)
Wherein Variable-gain amplifier or differential amplifier (FIG. 2 of Kang shows transistor pairs MA through MS4 forming dielectric-control variable-gain amplifiers; these operate as differential pairs.)
Wherein the First phase-shift signal is differential (Repeated at p. 5 ll. 10–16 — “two groups of differential signals input signal synthesizing unit … the output balun converts the differential signal into a single-end output.”)
Wherein per Orthogonal signal comprises multi-channel sub-signals (Fig. 1 and text (p. 4 lines 41 – p. 5 line 3) show four sub-signals, VI+, VI−, VQ+, VQ−).
Amplifier assembly with two transformers and amplifier (Input and output baluns (FIGS. 1, 3, 4; p. 5 ll. 24–34) function as first and second transformers; the active FET amplifier stages (U3–U5) provide the required power conversion).
Regarding amended independent claims 14 and 15, the methods of generating a first orthogonal signal, adjusting amplitude, and performing vector composing to obtain a phase shift signal are disclosed by Kang.
The limitation that the adder is controlled by a control signal generated by a controller based on a preset phase shift angle is obvious over Kang in view of Common Control Algorithm Knowledge, as replacing manual control signals with digital preset controls is a routine automation.
Regarding claims 16 Kang et al. (p. 3 ll. 35–38; p. 5 ll. 1–11) discloses the use of electronic control signals to select discrete gain and phase states of the FET branches, thereby controlling the phase shift angle.
However, replacing manual control signals with digital preset controls, look-up table values, or real-time feedback is a routine automation of known analog controls are common knowledge in the art where accuracy, predictability and better controls can be ensured.
Therefore, it would have been obvious to a person of ordinary skill in the art to establish automatic control algorithm and microprocessor for such automation for Kang’s vector modulator. Thus, automatic generation of the control signal based on a desired phase angle would have been an obvious design choice to a skilled RF-IC and vector modulator designer for achieving repeatable and accurate phase settings.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of Katsube et al. (US 2012/0194265 A1).
Regarding claim 6, Kang et al. (p. 3 ll. 5–8) explicitly teaches use of inductors and capacitors within the phase-compensation network. While switch elements for changing the effective reactance are not literally disclosed. However, page 3 lines 10–17 states that the Gilbert cell uses “switch control circuits … for polar selection and signal combination.”
Katsube in a similar filed of endeavor of switch control circuit for tunable integrated Phase sifter circuit including step-wise tuning of capacitance or inductance values as standard practice in RF integrated-circuit phase shifters.
It would have been obvious to extend such switch control techniques to the reactive elements of the phase network to achieve step-wise tuning of capacitance or inductance values, as is standard practice in RF integrated-circuit phase shifters. The result of such switch-controlled step wise tunable capacitor and inductor is to achieve fine, discrete phase control using switchable LC cells. This would provide predictable yields.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAFIZUR RAHMAN whose telephone number is (571)270-0659. The examiner can normally be reached M-F: 10-6.
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/HAFIZUR RAHMAN/Primary Examiner, Art Unit 2843.
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