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 Amendment
The amendment filed on 10/30/2025 has been entered. Claims 1-20 are currently pending. Applicant’s amendments have overcome the claim objections and some of the 35 USC 112 rejections previously set forth in the Non-Final Office Action mailed 08/01/2025.
Response to Arguments
Applicant's arguments filed 10/30/2025 have been fully considered but they are not persuasive.
Applicant argued that “Sledkov and Runyon, alone or in combination, fail to teach that "the phase-shift circuit is disposed in the cavity, the cavity is connected to a mounting structure, and the mounting structure is configured to mount the antenna to a pole" as recited by independent claim 1, as amended.
Sledkov describes that "[t]he reflecting plate and the phase shift cavity are of an integrative structure." Sledkov , 1 0030.) Sledkov describes that "[t]he reflecting plate 4 is designed to be an integrative structure of double-layer cavity, inside each of which is positioned with a phase shifter 2 whose design responds to the cavity." Sledkov ,10033.) However, Sledkov does not describe how the antenna array structure is mounted to a tower. Thus, Sledkov fails to teach or suggest "the phase- shift circuit is disposed in the cavity, the cavity is connected to a mounting structure, and the mounting structure is configured to mount the antenna to a pole" as recited by independent claim 1, as amended.
Runyon fails to overcome the deficiencies of Sledkov.
Runyon describes that "[t]he antenna can be mounted to a mounting post via a pair brackets 30, which are attached to the rear conductive surface of the ground plane 14."(Runyon, col. 12, line 66 to col. 13, line 1.) Runyon describes that "[a] u-shaped clamp (not shown) can be used in combination with the brackets 30 to attach the antenna assembly to a mounting post."(Runyon, col. 13, lines 1-3.)
However, Runyon fails to teach or suggest that "the phase-shift circuit is disposed in the cavity, the cavity is connected to a mounting structure, and the mounting structure is configured to mount the antenna to a pole" as recited by independent claim 1, as amended.”
Examiner respectfully disagree because Sledkov et al (US-20170358865-A1) discloses the phase-shift circuit (fig. 4, para [0036]: components of phase shifter 2 to adjust the phase of the antenna beam, i.e. phase-shift circuit) is disposed in the cavity (figs. 1-4, para [0033]).
Sledkov does not disclose the cavity is connected to a mounting structure, and the mounting structure is configured to mount the antenna to a pole, but Sledkov discloses the cavity is connected to the bottom plate of the reflecting plate 4 (figs. 1-3) and one of ordinary skill in the art would understand that there would be some mounting structure connected to the reflecting plate to mount these base station antennas to a pole so that the antennas could be placed high in air to have better coverage and reduce interference from other objects.
Runyon (US-5966102-A) applied as a teaching reference discloses the reflecting plate (14, fig. 2) is connected to a mounting structure (30) and the mounting structure (30) is configured to mount the antenna to a pole (fig. 5, col. 13, lines 1-3).
Examiner’s note - Regarding the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability.
Drawings
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, the features must be shown or the features canceled from the claims:
Claim 1 recites “the mounting structure is configured to mount the antenna to a pole”. There is no drawings showing how the mounting structure 146 is configured to mount the antenna 1 to pole 2 in fig. 2.
Similar objection would be applied to claim 13
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 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 7, 10-11 and 19 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 7 recites the limitation “wherein the plurality of phase shifters” in line 2 which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim. For the purpose of examination, Examiner interprets the claim as “wherein the one or more phase shifters”.
Claim 10 recites the limitation "a plurality of radiation elements form a linear array antenna system" in line 2 which renders the claim indefinite. It is not clear why “a radiation element” recited in claim 8 becomes a plurality of radiation elements. For the purpose of examination, Examiner interprets the claim as best understood.
Claim 11 inherits the indefiniteness of claim 10 and are subsequently rejected.
Claim 19 recites the limitation “wherein the at least one phase shifter” in line 2 which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim. For the purpose of examination, Examiner interprets the claim as “wherein the or more phase shifters”.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sledkov et al, US-20170358865-A1 (hereinafter Sledkov) in view of Runyon, US-5966102-A.
Regarding claim 1, Sledkov discloses the following:
an antenna, comprising:
one or more phase shifters (2, fig. 1-4), wherein the one or more phase shifters includes a first phase shifter (2) that includes a cavity (figs. 1-4, para [0033]) and a phase-shift circuit (fig. 4, para [0036]: components of phase shifter 2 to adjust the phase of the antenna beam, i.e. phase-shift circuit), the phase-shift circuit is disposed in the cavity (figs. 1-4).
Sledkov does not disclose the cavity is connected to a mounting structure, and the mounting structure is configured to mount the antenna to a pole, but Sledkov discloses the cavity is connected to the bottom plate of the reflecting plate 4 (figs. 1-3) and one of ordinary skill in the art would understand that there would be some mounting structure connected to the reflecting plate to mount these base station antennas to a pole so that the antennas could be placed high in air to have better coverage and reduce interference from other objects.
Runyon applied as a teaching reference discloses the reflecting plate (14, fig. 2) is connected to a mounting structure (30) and the mounting structure (30) is configured to mount the antenna to a pole (col. 13, lines 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the cavity taught in Sledkov to a mounting structure which is configured to mount the antenna to a pole as taught in Runyon as claimed for the purpose of placing the antenna high in the air to have better coverage and reduce interference from other objects.
Examiner’s note - Regarding the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability.
Regarding claim 2, Sledkov discloses the antenna according to claim 1, further comprising a reflection plate (4, figs. 1-4, para [0033]), wherein the reflection plate is connected to the cavity (figs. 1-4, para [0033]).
Regarding claim 3, Sledkov discloses wherein the cavity is a strip cavity (figs. 1-3), the reflection plate (4, fig. 1 reproduced below) extends in a first direction and a second direction separately, the first direction is perpendicular to the second direction (fig. 1), and a length of the reflection plate in the first direction is greater than a length of the reflection plate in the second direction; and the strip cavity extends in the first direction (fig. 1).
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Regarding claim 4, Sledkov discloses wherein the reflection plate includes a first side edge and a second side edge that are opposite to each other (fig. 1 above), the first side edge and the second side edge extend in the first direction (fig. 1), and the first side edge and the second side edge are separately connected to the strip cavity (fig. 1).
Regarding claim 5, Sledkov discloses wherein a length of the strip cavity in the first direction is equal to the length of the reflection plate in the first direction (fig. 1).
Regarding claim 6, Sledkov discloses wherein the one or more phase shifters (2, figs. 1-3) include a plurality of phase shifters (figs. 1-3), wherein a quantity of the plurality of phase shifters is an even number, and the even number of the plurality of phase shifters are symmetrically disposed on the reflection plate (4, figs. 1-3).
Regarding claim 7, as best understood, Sledkov discloses wherein the plurality of phase shifters further comprises a second phase shifter (fig. 3: there are 4 phase shifters 2, so any of them can be a second phase shifter), and the second phase shifter is flatly disposed on a surface of the reflection plate (fig. 3: there are 2 phase shifters 2 disposed on a surface of the reflection plate 4).
Regarding claim 8, Sledkov discloses wherein the antenna further comprises a radiation element (1, fig. 1), and the radiation element is connected to the cavity (para [0029]: There are rectangular orifices on the reflecting plate, under the radiation device, to connect the radiation device feed cable to the input port of the phase shifter 2 which is inside the cavity).
Regarding claim 9, Sledkov discloses wherein the antenna further comprises a radiation element (1, fig. 1) and the radiation element is connected to the cavity (para [0029]: There are rectangular orifices on the reflecting plate, under the radiation device, to connect the radiation device feed cable to the input port of the phase shifter 2 which is inside the cavity).
Sledkov does not disclose the antenna further comprises a radome, the first phase shifter and the radiation element are disposed in the radome, and an inner wall of the radome has a reflection layer.
Runyon suggests the antenna further comprises a radome (26, 14, fig. 1), the first phase shifter (96, 98, fig. 14, col. 18, lines 33-36 in the polarization control network 18) and the radiation element (12) are disposed in the radome (26, 14, fig. 1), and an inner wall of the radome has a reflection layer (14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to dispose the first phase shifter and the radiation element taught in Sledkov in a radome suggested in Runyon as claim for the purpose of protecting the antenna elements from environmental effects (Runyon, col. 12, lines 58-62).
Regarding claim 10, as best understood, Sledkov discloses wherein the cavity is a strip cavity (figs. 1-3), and a plurality of radiation elements (1) form a linear array antenna system; and an extension direction of the strip cavity is consistent with an extension direction of the linear array antenna system (fig. 1).
Regarding claim 11, Sledkov discloses wherein a length of the strip cavity in the extension direction is greater than or equal to a length of the linear array antenna system in the extension direction (fig. 1).
Regarding claim 12, Sledkov discloses wherein the one or more phase shifters includes at least two phase shifters (2, figs. 1-3), wherein the at least two phase shifters are divided into two groups (figs. 1-3), and a cavity in each group of the at least two phase shifters is of an integrated structure (figs. 1-3).
Regarding claim 13, Sledkov discloses the following:
a base station antenna feeder system, comprising an antenna (fig. 1, para [0033]), wherein the antenna includes one or more phase shifters (2, fig. 1-4), wherein the one or more phase shifters comprises a cavity (figs. 1-4, para [0033]) and a phase-shift circuit (fig. 4, para [0036]: components of phase shifter 2 to adjust the phase of the antenna beam, i.e. phase-shift circuit), the phase-shift circuit is disposed in the cavity (figs. 1-4).
Sledkov does not disclose a base station antenna feeder system, comprising a pole and the cavity is connected to a mounting structure, and the mounting structure is configured to mount the antenna to the pole, but Sledkov discloses the cavity is connected to the bottom plate of the reflecting plate 4 (figs. 1-3) and one of ordinary skill in the art would understand that the base station antenna feeder system in Sledkov would comprise a pole and there would be some mounting structure connected to the reflecting plate to mount these base station antennas to the pole so that the antennas could be placed high in air to have better coverage and reduce interference from other objects.
Runyon applied as a teaching reference discloses a base station antenna feeder system, comprising a pole (col. 13, lines 1-3), the reflecting plate (14, fig. 2) is connected to a mounting structure (30) and the mounting structure (30) is configured to mount the antenna to a pole (col. 13, lines 1-3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the cavity taught in Sledkov to include a mounting structure which is connected to a pole as taught in Runyon as claimed for the purpose of placing the antenna high in the air to have better coverage and reduce interference from other objects.
Examiner’s note - Regarding the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability.
Regarding claim 14, Sledkov discloses wherein the antenna further includes a reflection plate (4, figs. 1-4, para [0033]), wherein the reflection plate is connected to the cavity (figs. 1-4, para [0033]).
Regarding claim 15, Sledkov discloses wherein the cavity is a strip cavity (figs. 1-3), the reflection plate (4, fig. 1 reproduced above) extends in a first direction and a second direction separately, the first direction is perpendicular to the second direction (fig. 1), and a length of the reflection plate in the first direction is greater than a length of the reflection plate in the second direction; and the strip cavity extends in the first direction (fig. 1).
Regarding claim 16, Sledkov discloses wherein the reflection plate includes a first side edge and a second side edge that are opposite to each other (fig. 1 above), the first side edge and the second side edge extend in the first direction (fig. 1), and the first side edge and the second side edge are separately connected to the strip cavity (fig. 1).
Regarding claim 17, Sledkov discloses wherein a length of the strip cavity in the first direction is equal to the length of the reflection plate in the first direction (fig. 1).
Regarding claim 18, Sledkov discloses wherein the one or more phase shifters (2, figs. 1-3) include a plurality of phase shifters (figs. 1-3), and wherein a quantity of the plurality of phase shifters is an even number, and the even number of the plurality of phase shifters are symmetrically disposed on the reflection plate (4, figs. 1-3).
Regarding claim 19, as best understood, Sledkov discloses wherein the at least one phase shifter further includes a first phase shifter and a second phase shifter (fig. 3: there are 4 phase shifters 2, so any two of them can be a first and second phase shifters), and the second phase shifter is flatly disposed on a surface of the reflection plate (fig. 3: there are 2 phase shifters 2 disposed on a surface of the reflection plate 4).
Regarding claim 20, Sledkov discloses wherein the antenna further includes a radiation element (1, fig. 1), and the radiation element is connected to the cavity (para [0029]: There are rectangular orifices on the reflecting plate, under the radiation device, to connect the radiation device feed cable to the input port of the phase shifter 2 which is inside the cavity).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANH N HO whose telephone number is (571)272-4657. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dameon Levi can be reached at (571)272-2105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAMEON E LEVI/Supervisory Patent Examiner, Art Unit 2845
/ANH N HO/Examiner, Art Unit 2845