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 10/25/2023, 01/11/2024,02/02/2024, 03/25/2024, 05/08/2024, 05/17/2024, 09/18/2024, 10/23/2024 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
An applicant' s duty of disclosure of material information is not satisfied by presenting a patent examiner with “a mountain of largely irrelevant data from which he is presumed to have been able, with his expertise and with adequate time, to have found the critical data. It ignores the real-world conditions under which examiners work.” Rohm & Haas Co. v. Crystal Chemical Co., 722 F.2d 1556, 1573, 220 U.S.P.Q. 289 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). An applicant has a duty to not just disclose pertinent prior art references but to make a disclosure in such way as not to “bury” it within other disclosures of less relevant prior art. See Golden Valley Microwave Foods Inc. v. Weaver Popcorn Co. Inc., 24 U.S.P.Q.2d 1801 (N.D. Ind. 1992); Molins PLC v. Textron Inc., 26 U.S.P.Q.2d 1889, 1899 (D. Del. 1992); Penn Yan Boats, Inc. v. Sea Lark Boats, Inc. et al., 175 U.S.P.Q. 260, 272 (S.D. Fl. 1972). It is unreasonable for Examiner to review all of the cited references thoroughly. By signing the accompanying 1449 form(s), Examiner is merely acknowledging the submission of the cited references and indicating that only a cursory review has been made.
Examiner notes that Therasense, Inc. v. Becton, Dickinson and Co., 649 F.3d 1276 (Ct. App. 2011) (en banc) has significantly restricted the infringement defense of inequitable conduct. A defendant must show that the patent in question would not have been issued but for undisclosed information, and that the patentee had the intent to deceive. Examiner suggests that future Information Disclosure Statements cite only the most relevant/inclusive references or portions thereof.
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 1-9, 11-13, 18-19, and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Kosaka US Patent No. 11658372 in view of Hou et al. (US Patent No. 11611143, hereby referred as Hou).
Regarding claim 1,
Kosaka discloses,
A base station antenna, comprising (figures 4 and 9):
a grid reflector comprising a dielectric film comprising a metal grid pattern thereon that is configured to define a frequency selective surface (FSS) (figure 4, FSS 114 comprising a metal grid pattern, see col. 4, lines 12-15 for disclosing 1123 filled with dielectric. Or FSS 111, see col. 8, lines 18-22 for disclosing the dielectric material), and
a support structure coupled to the FSS, wherein the support structure is configured to hold the dielectric film in front of a rear wall of the base station antenna and to define a planar primary surface facing a front of the base station antenna (see figure 9, structure 112 which is supporting the inner FSS or structure 12 which supporting the whole structure).
Kosaka does not disclose,
wherein the dielectric film has a thickness in a range of 50 microns to 100 microns; and a radome.
However, Hou teaches,
A radome (figure 5, radome 404).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teaching of a radome, as taught by Hou, into Kosaka in order to provide a protection for the antenna.
Moreover, Kosaka and Hou, as modified, does not teach that wherein the dielectric film has a thickness in a range of 50 microns to 100 microns. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate wherein the dielectric film has a thickness in a range of 50 microns to 100 microns in order to optimize the performance of base station antennas, and to have an impedance matching, bandwidth expansion, and radiation pattern control, and to increase the impedance bandwidth and improve efficiency, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 2,
Kosaka discloses,
wherein the dielectric film is attached to a carrier film (figure 4, FSS 114 comprising a metal grid pattern, see col. 4, lines 12-15 for disclosing 1123 filled with dielectric. Or FSS 111, see col. 8, lines 18-22 for disclosing the dielectric material).
Kosaka does not disclose,
wherein the dielectric and carrier films have a cumulative thickness in a range of 50 microns to 100 microns.
Kosaka and Hou, as modified, does not teach that wherein the dielectric and carrier films have a cumulative thickness in a range of 50 microns to 100 microns.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate wherein the dielectric and carrier films have a cumulative thickness in a range of 50 microns to 100 microns in order to optimize the performance of base station antennas, and to have an impedance matching, bandwidth expansion, and radiation pattern control, and to increase the impedance bandwidth and improve efficiency, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 3,
Kosaka discloses,
wherein the dielectric film is sufficiently flexible to be rollable prior to attachment to the support structure (see figure 4).
Regarding claim 4,
Kosaka discloses,
wherein the support structure is configured to hold the dielectric film in tension to define the planar primary surface (see figure 9, structure 112 which is supporting the inner FSS or structure 12 which supporting the whole structure).
Regarding claim 5,
Kosaka discloses,
wherein the support structure comprises a plurality of spaced apart and outwardly projecting posts that extend through respective apertures in the dielectric film (figures 4 and 7, elements 1111).
Regarding claim 6,
Kosaka discloses,
wherein at least some of the posts align with and couple to a base of a feed stalk of respective radiating elements that project forward of the dielectric film (figures 4 and 13, radiating elements 13/15).
Regarding claim 7,
Kosaka discloses,
wherein the support structure cooperates with deformable rivet members configured to form lockable rivets to hold the support structure to the dielectric film (see figure 9, structure 112 which is supporting the inner FSS or structure 12 which supporting the whole structure and the connection of element 1111).
Regarding claim 8,
Kosaka, as modified, does not disclose,
wherein the support structure is formed of a lightweight dielectric material having a density of 0.5 to 1.5 g/cm3 and a dielectric constant in a range of 2 to 3.5 whereby the support structure provides support X and Y directions to resist bending moments without providing structural support for loading torque about the Z axis.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate wherein the support structure is formed of a lightweight dielectric material having a density of 0.5 to 1.5 g/cm3 and a dielectric constant in a range of 2 to 3.5 whereby the support structure provides support X and Y directions to resist bending moments without providing structural support for loading torque about the Z axis, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 9,
Kosaka discloses,
wherein the support structure comprises a plurality of lateral struts coupled to a plurality of longitudinal extending struts (see figure 7, elements 1111).
Regarding claim 11,
Kosaka, as modified, does not disclose,
wherein the support structure comprises a composite dielectric foam body.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate wherein the support structure comprises a composite dielectric foam body in order to provide lightweight electrical insulation and high radio-frequency (RF) transparency. They offer low dielectric loss, maintaining signal integrity under stress. Key benefits include exceptional dimensional stability, moisture resistance, and high-temperature tolerance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 12,
Kosaka, as modified, does not disclose,
wherein the composite dielectric foam body is provided as a rectangular block.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate wherein the composite dielectric foam body is provided as a rectangular block y in order to provide lightweight electrical insulation and high radio-frequency (RF) transparency. They offer low dielectric loss, maintaining signal integrity under stress. Key benefits include exceptional dimensional stability, moisture resistance, and high-temperature tolerance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 13,
Kosaka discloses,
wherein the grid reflector is a first grid reflector, the dielectric film is a first dielectric film and the FSS is a first FSS, and wherein the base station antenna further comprises a second grid reflector comprising a second dielectric film comprising a metal grid pattern thereon and that is configured to define a second FSS, and wherein the second grid reflector is coupled to the support structure and resides behind the first FSS (figure 13 discloses two structures as figure 4).
Kosaka, as modified, does not disclose,
wherein the second dielectric film has a thickness in a range of 50 microns to 100 microns.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate wherein the second dielectric film has a thickness in a range of 50 microns to 100 microns in order to optimize the performance of base station antennas, and to have an impedance matching, bandwidth expansion, and radiation pattern control, and to increase the impedance bandwidth and improve efficiency, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 18,
Kosaka discloses,
wherein the grid reflector comprises a first subset of the unit cells configured for blocking and/or reflecting RF energy in a first frequency band while allowing RF energy in a second frequency band to propagate therethrough, wherein the grid reflector comprises a second subset of the unit cells configured for blocking and/or reflecting RF energy in the first frequency band and RF energy in a third frequency band, wherein the third frequency band comprises frequencies between the first and second frequency bands (figure 4, FSS 114 comprising a metal grid pattern, and FSS 111 comprising metal grid pattern).
Regarding claim 19,
Kosaka discloses,
wherein the first subset of the unit cells are positioned at an upper portion of the base station antenna, and wherein the second subset of the unit cells comprise unit cells that are to the right side of the first subset of the unit cells and also comprises unit cells that are to the left side of the first subset of the unit cells (figure 4, FSS 114 comprising a metal grid pattern, and FSS 111 comprising metal grid pattern. Each group of the grid pattern/unit cells of the FSS comprises of a sub set to the left , right and top and bottom area).
Regarding claim 21,
Kosaka, as modified, does not disclose,
wherein the dielectric film is a polyester film
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate a polyester film in order to provide a lightweight, flexible, and optically transparent substrate, enabling conformal designs for aerospace, wearable, and window-mounted electronics. It enhances durability via chemical/heat resistance, improves signal performance with low dielectric loss, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 22,
Kosaka, as modified, does not disclose,
wherein the dielectric film is FR4.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate an FR4 in order to provide
low cost, high availability, and ease of manufacturing and to have lower frequency, cost-sensitive, and compact applications, offering stable performance, high mechanical strength, and moisture resistance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 23,
Kosaka discloses,
wherein the carrier film is a dielectric carrier film having a dielectric constant that is different than a dielectric constant of the dielectric film with the metal pattern (figure 4, FSS 114 comprising a metal grid pattern, see col. 4, lines 12-15 for disclosing 1123 filled with dielectric, and FSS 111, see col. 8, lines 18-22 for disclosing the dielectric material).
Regarding claim 24,
Kosaka as modified does not disclose,
wherein the composite dielectric foam body has an air content that is at least 80% by volume.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate wherein the composite dielectric foam body has an air content that is at least 80% by volume in order to provide lightweight electrical insulation and high radio-frequency (RF) transparency. They offer low dielectric loss, maintaining signal integrity under stress. Key benefits include exceptional dimensional stability, moisture resistance, and high-temperature tolerance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claims 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kosaka US Patent No. 11658372 in view of Hou et al. (US Patent No. 11611143, hereby referred as Hou) as applied to claim 1 above, and further in view of Wu et al. (US Pub. No. 2020/0321700, hereby referred as Wu).
Regarding claim 14,
Kosaka and Hou do not disclose,
a first plurality of radiating elements residing in front of the grid reflector and a second plurality of radiating elements residing behind the grid reflector.
However, Wu teaches,
a first plurality of radiating elements residing in front of the grid reflector and a second plurality of radiating elements residing behind the grid reflector (figure 2A, plurality of two radiating elements of high and low frequency bands which are 230 and 250).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate wherein a first plurality of radiating elements residing in front of the grid reflector and a second plurality of radiating elements residing behind the grid reflector, as taught by Wu, into Kosaka as modified in order to substitute on known element for another to obtain predictable result which is providing an improved antenna characteristics such as gain and directionality.
Regarding claim 16,
Kosaka and Hou do not disclose,
wherein the first plurality of radiating elements comprise low band radiating elements that are configured to operate in a first frequency band, and the second plurality of radiating elements comprise higher band radiating elements that are configured to operate in a second frequency band, the second frequency band encompassing higher frequencies than the first frequency band.
However, Wu teaches,
wherein the first plurality of radiating elements comprise low band radiating elements that are configured to operate in a first frequency band, and the second plurality of radiating elements comprise higher band radiating elements that are configured to operate in a second frequency band, the second frequency band encompassing higher frequencies than the first frequency band (figure 2A, plurality of two radiating elements of high and low frequency bands which are 230 and 250).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate wherein the first plurality of radiating elements comprise low band radiating elements that are configured to operate in a first frequency band, and the second plurality of radiating elements comprise higher band radiating elements that are configured to operate in a second frequency band, the second frequency band encompassing higher frequencies than the first frequency band, as taught by Wu, into Kosaka as modified in order to substitute on known element for another to obtain predictable result which is providing an improved antenna characteristics such as gain and directionality.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xue et al. US Pub. No. 2023/0291122, Johnson et al. US Pub. No. 2022/0328968, Hou et al. US Pub. No. 2021/0021019, Behdad US Pub. No. 2009/0273527.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AWAT M SALIH whose telephone number is (571)270-5601. The examiner can normally be reached M-F: 8:30AM-5:00PM.
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, Dimary Lopez can be reached at (571)-270-7893. 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.
/AWAT M SALIH/Primary Examiner, Art Unit 2845