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 .
RCE Application
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 9, 2026, has been entered.
Response to Arguments
Please note that the last argument obtained from the applicant is that dated August 10, 2026. Although the RCE is filed on September 9, 2026, there are no further remarks obtained with the RCE. Applicant's remarks filed on August 10, 2026, have been fully considered. However, the arguments presented therein raised the issue of understanding the invention as claimed. During the interview a question was raised by the examiner as to real time dynamic feedback requires a loop back from the output of the adder to the controller, where a comparator would compare the difference between the first phase shift angle and the preset phase shift angle in real time. Thereby the controller would make further adjustments to compensate for the difference.
Please see the relevant portion of the advisory note where examiner clarified his understanding of the amended claim limitation:
“A review of the disclosure reveals that Figure 3 represents the closest structural embodiment of the claimed subject matter. However, Figure 3 fails to illustrate or establish any feedback or loop back pathway connecting the real-time output of the adder unit back to the controller to obtain or compute the real-time difference between the first phase shift angle and the preset phase shift angle.
Consequently, the physical and functional architecture required to accomplish the claimed real-time calculation is not clear in the record.
Furthermore, while the specification briefly mentions the claimed limitation at paragraphs [0040]-[0041], [0102], [0152], [0154], and [0156], it lacks adequate description detailing how real-time measurement is executed to acquire phase data at the adder output and how such data is fed back to the controller to derive a real-time compensation angle for controlling the phase shifter. Paragraph [0042] refers to a mapping table corresponding to the difference between the first phase shift angle and the preset phase shift angle; however, the reliance on a pre-calibrated mapping table appears inconsistent with, and fails to enable, the recited "automatic real-time compensation."
As these amendments raise new issues of enablement and written description under 35 U.S.C. 112(a) and/or clarity under 35 U.S.C. 112(b), their entry requires further search, consideration, and continued prosecution.
Applicant in the latest remark dated August 10, 2026, didn’t address this concern and as such the amended claims are rejected on the issues of enablement and written description under 35 U.S.C. 112(a) and/or clarity under 35 U.S.C. 112(b).
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention (especially the amended claimed feature of independent claims 1, 14 and 15 as “a difference between the first phase shift angle and the preset phase shift angle in real time is obtained in real time to serve as a compensation angle to realize automatic phase compensation without manually adjusting current values”). Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. 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).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “a difference between the first phase shift angle and the preset phase shift angle in real time is obtained in real time to serve as a compensation angle to realize automatic phase compensation without manually adjusting current values” as mentioned in the amended claims 1, 14 and 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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 the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1, 14 and 15 and (therefore, 1-16) are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claims contain subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claims 1, 14 and 15 recite, “a difference between the first phase shift angle and the preset phase shift angle in real time is obtained in real time to serve as a compensation angle to realize automatic phase compensation without manually adjusting current values”.
while the specification briefly mentions the claimed limitation at paragraphs [0040]-[0041], [0102], [0152], [0154], and [0156], it lacks adequate description detailing how real-time measurement is executed to acquire phase data at the adder output and how such data is fed back to the controller to derive a real-time compensation angle for controlling the phase shifter. Paragraph [0042] refers to a mapping table corresponding to the difference between the first phase shift angle and the preset phase shift angle; however, the reliance on a pre-calibrated mapping table appears inconsistent with, and fails to enable, the recited "automatic real-time compensation."
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, 14 and 15 and (therefore, 1-16) 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.
Claims 1, 14 and 15 recite, “a difference between the first phase shift angle and the preset phase shift angle in real time is obtained in real time to serve as a compensation angle to realize automatic phase compensation without manually adjusting current values”.
Wherein the “the first phase shift angle” is set by the adder being configured to adjust amplitude of the first orthogonal signal, to carry out vector composing and phase compensation on the adjusted first orthogonal signal to obtain a first phase shift signal and this was done by a control signal generated by a controller based on a preset phase shift angle.
This is the signal now coming out of the adder. The claims 1, 14 and 15 is reciting that this output of the adder digress from the preset phase shift angle in real time and therefore, the necessity of “a difference between the first phase shift angle and the preset phase shift angle in real time” is required to be obtained. Once this difference is measured, the controller needs to readjust the signal for compensating this phase difference in real time. At least the explanation of the applicant in the remark dates 10 August 2026, “Referring to FIG. 6 of the present disclosure for an example of the claimed embodiments, the control signal for controlling the adder is generated by the controller based on a preset phase shift angle. The angle of phase compensation is determined by a difference between a phase shift angle of the radio frequency signal output by the phase shifter1 and the preset phase shift angle acquired in real time. For example, in the case that the acquired difference between the phase shift angle of the radio frequency signal output by the phase shifter2 and the preset phase shift angle is 3 degrees, the angle of phase compensation is determined to be 3 degrees”.
If this is how the claims need to be understood, then essentially the claims suffer from enablement issues because applicant’s Fig. 6 doesn’t show a real time dynamic feedback loop for compensation. If examiner’s understanding of real-time measurement of difference and real-time compensation is considered erroneous by the applicant, then proper explanation is needed.
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.
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, Jessica Han can be reached on (571) 272-2078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HAFIZUR RAHMAN/Primary Examiner, Art Unit 2843.
1 Examiner understands that the output of the phase shifter must be at the output of the adder.
2 Examiner understands that that the first shot output of the adder (“the first phase shift angle” is set by the adder being configured to adjust amplitude of the first orthogonal signal, to carry out vector composing and phase compensation) digress from the preset phase shift angle in real time and therefore, the necessity of “a difference between the first phase shift angle and the preset phase shift angle in real time” is required to be obtained.
Prosecution Insights