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 .
Election/Restrictions
Applicant's election with traverse is acknowledged. The traversal is found persuasive.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6-13 and 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Henry et al. (US 2018/0145411).
Henry discloses a signal transmission device ([0091]-“communication device”) comprising:
(1) regarding Claim 1:
a phased array (1976 in Fig 19O) comprising a plurality of dielectric antennas (1901 in Fig 19O-[0306]), configured to generate a signal having a beam profile based on one or more properties of the plurality of dielectric antennas ([0285]-[0298]).
(2) regarding Claim 2:
wherein the one or more properties comprise a height of one or more antennas of the plurality of dielectric antennas ([0290]).
(3) regarding Claim 3:
wherein the one or more properties comprise a distance between the plurality of dielectric antennas ([0269]).
(4) regarding Claim 4:
wherein the one or more properties comprise an amount of power directed to each antenna of the plurality of dielectric antennas ([0306]-[0309]).
(5) regarding Claim 6:
wherein the beam profile is further affected by a dielectric constant of each antenna ([0287]-[0289]).
(6) regarding Claim 7:
wherein one or more antennas of the plurality of dielectric antennas are configured to be fed by a slot ([0251]).
(7) regarding Claim 8:
wherein one or more antennas of the plurality of dielectric antennas are configured to be fed by two slots ([0251]).
(8) regarding Claim 9:
wherein each antenna of the one or more antennas configured to be fed by two slots comprises a center post disposed between the two slots ([0251]).
(9) regarding Claim 10:
wherein the plurality of dielectric antennas are arranged in one or more rows such that a perimeter around the plurality of dielectric antennas has a rectangular shape ([0362]).
(10) regarding Claim 11:
wherein the plurality of dielectric antennas comprises 4 to 20 antennas (See Fig 19O).
(11) For method claims 12, 13 and 15-19, note that under MPEP 2112.02, the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device “1 inherently performs the claimed process. In re King, 801 F.2d 1324, 231 UPSQ 136 (Fed Cir. 1986). Therefore the previous rejections based on the apparatus will not be repeated.
(12) regarding Claim 20:
comprising a phased array (1976 in Fig 19O) comprising a plurality of dielectric antennas (1901 in Fig 19O-[0306]), configured to generate a signal having a beam profile based on a height of one or more antennas of the plurality of dielectric antennas ([0285]-[0298]), a distance between the plurality of dielectric antennas ([0269]), an amount of power directed to each antenna of the plurality of dielectric antennas ([0306]-[0309]), a dielectric constant of each antenna of the plurality of dielectric antennas ([0287]-[0289]), or a combination thereof.
Allowable Subject Matter
Claims 5 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Prior art of record does not disclose or deem obvious wherein the amount of power directed to the plurality of dielectric antennas comprises a bilateral gradient such that the amount of power directed to antennas at each end of the phased array is less than the amount of power directed to antennas at a center of the phased array as required by Claims 5 and 14.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CRYSTAL L HAMMOND whose telephone number is (571)270-1682. The examiner can normally be reached M-F 12pm-4pm Alt Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Crystal L Hammond can be reached at 571-270-1682. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CRYSTAL L HAMMOND/Supervisory Primary Examiner, Art Unit 2838
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