DETAILED ACTION
1. This office action is in response to Appeal-Brief filed 10/20/2025. Claims 1-14 are pending on this application.
Response to Arguments
2. In Appeal-Brief, applicant’s arguments “back-to-back arrangement of antennas” with respect to claim 1 and “small cell base station” with respect to claims 8 and 13, have been considered but are moot because the new ground of rejection in view of references Proctor, Jr et al. Pub. No. 2010/0002620 and Lasier et al. Pub. No. 2015/0349399 do not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument
Prosecution Reopened
3. In view of appellant’s argument in Appeal Brief filed on 05/14/2025, PROSECUTION IS HEREBY REOPENED.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/DAMEON E LEVI/Supervisory Patent Examiner, Art Unit 2845
Claim Rejections - 35 USC § 112
4. 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.
5. Claim 4 recites the limitation "the at least antenna" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
6. Claim 5 recites the limitation "the at least antenna" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
7. Claim 6 recites the limitation "the at least antenna" in claim 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
8. 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.
9. Claims 1-2 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hager Pub. No. 2015/0371571 in view of Proctor, Jr et al. Pub. No. 2010/0002620.
Regarding claim 1 Figs. 1-3 of Hager discloses an apparatus comprising: a digital display device (34) comprising a mounting structure (22) and a digital display (34) mounted on the mounting structure (22); and a base station (24) comprising at least one antenna (44), at least one radio (52, 53; paragraph 0052) , and at least one baseband unit each (51; paragraph 0053) mounted on the mounting structure (22), wherein the at least one radio (52, 53) and the at least one baseband unit (51) are concealed from view by the digital display (34).
However, Hager does not disclose the antenna (44) comprising first and second antennas and wherein the first antenna and the second antenna are arranged to provide back-to- back sectorial coverage in an azimuth plane.
Fig. 1A and 1B of Proctor, Jr et al. discloses an antenna device (100) for a base station (paragraph 0004; see Fig. 4); and the antenna device (100) comprising first antenna (114 paragraph 0030) and second antenna (115 paragraph 0030) and wherein the first antenna (114) and the second antenna (115) are arranged to provide back-to- back (back to back of 114 and 115) sectorial coverage (sectorial coverage of 114 and 115) in an azimuth plane (paragraph 0054 discloses “quasi-omni directional antennas”; Thus, quasi-omnidirectional (quasi-omni) antennas is designed to provide nearly uniform coverage in the horizontal (azimuth) plane).
Hager et al. and Proctor, Jr et al. are common subject matter of antennas; therefore, it would have been obvious before the effective filing date of the claimed invention to one ordinary skill in the art to which the claimed invention pertains to incorporate the first and second antenna Proctor, Jr et al. into antenna of Hager et al. for the purpose of providing multiple directional antennas or antenna pairs or multiple omni or quasi-omni-directional antennas for provide nearly uniform coverage in the horizontal (azimuth) plane, (paragraph 0054 of Proctor, Jr et al.).
Regarding claim 2. Hager et al. and Proctor, Jr et al. applied to claim 1 above, Figs. 1- 3 of Hager further discloses wherein the digital display (34) mounted on the mounting structure (22) comprises a first digital display (30A) mounted on a first side of the mounting structure (22) and a second digital display (30C) mounted on a second side of the mounting structure (22), the first digital display (30A) and the second digital display (30C) positioned to conceal the at least one radio (52, 53) and the at least one baseband unit (51) from view.
Regarding claim 4, Hager et al. and Proctor, Jr et al. applied to claim 1 above, Figs. 1A and 1B of Proctor, Jr et al. further disclose wherein the at least one antenna (114, 115) comprises a plurality of antennas (114, 115) arranged to provide a quasi-omni directional antenna beam in an azimuth plane (paragraph 0054 discloses “quasi-omni directional antennas”; Thus, quasi-omnidirectional (quasi-omni) antenna is designed to provide nearly uniform coverage in the horizontal (azimuth) plane).
Regarding claim 6. Hager et al. and Proctor, Jr et al. applied to claim 1 above. Fig. 4 of Proctor, Jr et al. further discloses wherein the radio (416, 418) comprises a first antenna (402) coupled (410) to the first radio (416) and a second antenna (404) coupled to the second radio (418).
10. Claims 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hager and Proctor, Jr et al. applied to claims 2 and 1 above, in view of Boyd U.S. patent No. 6,484,148.
Hager and Proctor, Jr et al. applied to claims 2 and 1 respectively above, respectively does not disclose wherein the first digital display (30A) comprises a dimension of at least ten feet or at least forty-eight feet.
Col. 10 lines 64-67 of Boyd discloses a display has a dimension of at least ten feet.
Hager and Boyd are common subject matter of display; therefore, it would have been obvious before the effective filing date of claimed invention to one ordinary skill in the art to which the claimed invention pertains to incorporate Boyd into Hager for the purpose of providing the larger dimension of display for roadside billboard viewing distance as suggested by Boyd (Col. 10 lines 64-67).
11. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hager and Proctor, Jr et al. applied to claims 1 above, in view of Lasier et al. Pub. No. 2015/0349399.
Hager and Proctor, Jr et al. applied to claims 1 above, Figs. 1A and 1B of Proctor, Jr. et al. further disclose wherein the antenna (114, 115) comprises: a first antenna (114), a second antenna (115), but does not disclose a third antenna
Fig. 2 of discloses a small cell base station (100; paragraph 0004) comprising an antenna (104; see Fig. 7); wherein the antenna (104) comprises: first antenna (first 156; Paragraph 0059 discloses “radios with a built-in antenna 156”), a second antenna (second 156), and a third antenna (third 156).
Hager et al./ and Lasier et al. are common subject matter of antenna; therefore, it would have been obvious before the effective filing date of the claimed invention to one ordinary skill in the art to which the claimed invention pertains to incorporate Lasier et al. into Hager for the purpose of providing antenna a multi-band tri-sector antenna or alternately an omni or quasi-omni directional antenna, (paragraph 0034 of Lasier et al.).
12. Claims 8, 9, 11, 12, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Lasier et al. Pub. No. 2015/0349399 in view of Sun et al. Pub. No. 2004/0164911.
Regarding claim 8 Fig. 2 of Lasier et al. discloses an apparatus comprising: a digital display device (132; paragraph 0038 discloses “permits dynamic control of digital advertising displayed on or wrapped around the pole 102”) comprising a digital display (paragraph 0038 discloses ”digital advertising displayed on the pole 102); and a small cell base station (paragraph 0004) comprising: a radio (paragraph 0059 discloses “one or more radios with a built-in antenna 156) and at least one antenna (156 in Figs. 7, 8, 9) mounted on above of the digital display device (paragraph 0038 discloses ”digital advertising displayed on the pole 102) , wherein at least one component (antenna component inside the radome 105; see Fig. 7 for discloses antenna component 156 conceal from the view by radome 105 or component inside 106) of the base station (paragraph 0004) is concealed (radome 105) from view by a concealment device (conceal device of 541).
However, Lasier et al. do not disclose the at least one antenna (156 in Figs. 7, 8, 9) mounted on a surface of the digital display device as claimed.
Fig. 2 of Sun et al. discloses at least concealed antenna (561) mounted on surface of a digital display (542).
Lasier et al. and Sun et al. are common subject matter of antenna with digital display; therefore, it would have been obvious before the effective filing date of claimed invention to one ordinary skill in the art to which the claimed invention pertains to incorporate Sun et al. into Lasier et al. for the purpose of an antenna hidden and built in a housing of a display, by fabricating an antenna, such as a PCB antenna, on the top edge of the display panel in the panel housing, to prevent as damaging the antenna device due to incautious operating, can be prevented effectively, and further the prime cost can be reduced considerably (paragraph 0013 of Sun et al.).
Regarding claim 9. Lasier et al. and Sun et al. applied to Claim 8, Fig. 2 of Lasier et al. further discloses wherein the concealment device (105) comprises a radome (paragraph 0034) that is dimensioned to conceal (dimensioned of 105) from view the radio (156 in Fig. 7) and the least one antenna (156).
Regarding claims 10. Lasier et al. and Sun et al. applied to Claim 8, Fig. 2 of Lasier further discloses further discloses wherein the at least one antenna (104) comprises a plurality of antennas (Fig. 7 (156) arranged to provide a quasi-omni directional antenna beam in an azimuth plane (paragraph 0054 discloses “quasi-omni directional antennas”; Thus, quasi-omnidirectional (quasi-omni) antennas is designed to provide nearly uniform coverage in the horizontal (azimuth) plane).
Regarding claim 11. Lasier et al. and Sun et al. applied to Claim 8, Fig. 2 of Sun et al. further discloses wherein the concealment device (541) is the digital display (display panel 542), said digital display (542) being dimensioned (dimension of 541) to conceal from view the radio (562) and the least one antenna (561).
Regarding claim 12. Lasier et al. and Sun et al. applied to Claim 8, Fig. 2 of Sun et al. further discloses wherein the antenna (561) is mounted on an exterior surface (top surface of 542) of a housing (housing out 542).
Regarding claim 13. Fig. 2 Lasier et al. discloses an apparatus (100’) comprising: a display device (132; paragraph 0038 discloses “permits dynamic control of digital advertising displayed on or wrapped around the pole 102”) comprising a housing (housing 105 and housing of 106) and an advertising display (132; paragraph 0038 discloses “permits dynamic control of digital advertising displayed on or wrapped around the pole 102”); and a small cell base station (paragraph 0004) comprising at least one antenna (104; see Fig. 7 (156)} and a radio (paragraph 0059 discloses “one or more radios with a built-in antenna 156); and wherein the radio and antenna (paragraph 0059 discloses “one or more radios with a built-in antenna 156) are concealed from view (concealed from the view by radome 105; see Fig. 7).
However, Lasier et al. do not discloses the small cell base station (paragraph 0004) mounted to the housing as claimed.
Figs. 1-3 of Hager discloses an apparatus (20) comprising a display device (display Pannels 30A, 30B, 30C) comprising a housing (housing of 24) and wireless telecommunication base station (24; See Fig. 3) is mounted to the housing (housing of 24, also See Figs 4….11).
Lasier et al. and Hager are common subject matter of antenna with digital display; therefore, it would have been obvious before the effective filing date of claimed invention to one ordinary skill in the art to which the claimed invention pertains to incorporate Hager into Lasier et al. for the purpose of providing telecommunications station enclosure which comprises a panel assembly configured to essentially conceal a telecommunications station. The panel assembly is further configured to conceal the telecommunications station at least partially with a sign or display when the telecommunications station is mounted on a vertical pole (paragraph 0006 of Hager).
Regarding claim 14. Lasier et al. and Hager applied to claim 13 above, Fig. 1-3 of Hager further discloses wherein the advertising display (displaying of 30A, 30B, 30C) is an electrically-powered (paragraph 0047) advertising display (30A. 30B, 30C).
Contact Information
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linh Van Nguyen whose telephone number is (571) 272-1810. The examiner can normally be reached from 8:30 – 5:00 Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mr. Dameon E. Levi can be reached at (571) 272-2105. The fax phone numbers for the organization where this application or proceeding is assigned are (571-273-8300) for regular communications and (571-273-8300) for After Final communications.
06/11/2026
/LINH V NGUYEN/Primary Examiner, Art Unit 2845
Prosecution Insights