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 .
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection. The Examiner appreciates the time and effort of the Applicant in the compact prosecution of this case. Claims 1-14 would be in condition for allowance if the 112 issues and objections are resolved.
Claim Objections
Claim 6 is objected to because of the following informalities: claim 6 recites “a metal pin of said assembly…”, however, it should read “an additional metal pin of said assembly” since this particular metal pin is different from “…a set of metal pins…” in claim 1. Appropriate correction is required.
In addition, claim 8 should read “An antenna device comprising the radiating-element array antenna having the radiating-element array, able to radiate a field of transverse electromagnetic waves, and a wide-angle impedance-matching device according to claim 1 and positioned on said radiating-element array.”
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 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 written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventors, at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “…and a set of metal pins placed orthogonally, on at least one surface of the transmission screen, at the intersection of at least some of the respective anti-symmetry planes…”, however, the Specification has not described or disclosed this arrangement in a way to show that the Applicant is in possession of this invention. To satisfy the written description requirement, the patentee must “convey with reasonable clarity to those skilled in the art that, as of the filing date sought, he or she was in possession of the invention, and demonstrate that by disclosure in the specification of the patent. In addition, mere recitation of a claim limitation in the specification is not considered supporting the claim limitations.
Claim 7 recites “…the metal pins are placed, at least partially, on the surface of the transmission screen opposite the first surface”, however, the Specification has not disclosed or described this limitation to explicitly show the partial arrangement claimed in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventors, at the time the application was filed, had possession of the claimed invention. A mere recitation of a claim limitation in a Specification does not satisfy the written description requirement. See Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406.
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 are 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.
Claim 1 recites “…and a set of metal pins placed orthogonally, on at least one surface of the transmission screen, at the intersection of at least some of the respective anti-symmetry planes…”, however, the limitation is unclear as to what the Applicant refers to as at least some of the respective anti-symmetry plane.
Claim 7 recites “…the metal pins are placed, at least partially, on the surface of the transmission screen opposite the first surface”, however, the limitation is unclear as to what the Applicant refers to as at least partially on the surface of the transmission screen opposite the first surface.
It should be noted that the primary purpose of this requirement of definiteness of claim language is to ensure that the scope of the claims is clear so the public is informed of the boundaries of what constitutes infringement of the patent. A secondary purpose is to provide a clear measure of what applicants regard as the invention so that it can be determined whether the claimed invention meets all the criteria for patentability and whether the specification meets the criteria of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph with respect to the claimed invention. See MPEP 2173: Claims Must Particularly Point Out and Distinctly Claim the Invention [R-11.2013].
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAMIDELE A. IMMANUEL whose telephone number is (571)272-9988. The examiner can normally be reached General IFP Schedule: Mon.-Fri. 8AM - 7PM (Hoteling).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dimary Lopez can be reached at 5712707893. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BAMIDELE A IMMANUEL/Examiner, Art Unit 2845
/DIMARY S LOPEZ CRUZ/Supervisory Patent Examiner, Art Unit 2845
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