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 without traverse of Species I (Fig. 1) in the reply filed on 5/21/26 is acknowledged.
Claims 4-7, 9-11, and 15-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/21/26.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 8, 12-14, and 19-20 are rejected under 35 U.S.C. 102a1 as being clearly anticipated by Carr (US 2,657,364 cited by applicant).
Carr (e.g. Figs. 1-3) teaches a flexible waveguide and method including:
Regarding Claims 1, 12 ,and 20, waveguide device for guiding radio frequency signals (e.g. see Carr’s claim 1, recites microwave signals which are by definition within the radio frequency band), wherein the waveguide device comprises: an elongate flexible tubing having an elongate shape and comprising an inner surface defining an elongate airtight cavity (e.g. flexible core tubing 11 has an elongate shape as shown in Fig. 1 and is impervious to fluids including air, see Col. 3, lines 1-17), wherein: the elongate airtight cavity extends from a first end of the elongate flexible tubing to a second end of the elongate flexible tubing, the first end of the elongate flexible tubing is configured to perform at least one of coupling the radio frequency signals into or coupling the radio frequency signals out of the elongate airtight cavity, the inner surface of the elongate flexible tubing is configured to guide the radio frequency signals along the waveguide device, and the second end of the elongate flexible tubing is configured to perform at least one of coupling the radio frequency signals out of or coupling the radio frequency signals into the elongate airtight cavity (e.g. see Col. 1, lines 8, the device transmits signals, i.e. from a transmitter device at one end of the waveguide and guided by the waveguide surface to the second end of the waveguide to a receiving device and thus can be considered a communications device having transmitter/waveguide/receiver devices); wherein, when the elongate airtight cavity is filled with a pressurized gaseous fluid, the elongate flexible tubing is configured to retain an elongate shape (e.g. see Col. 3, lines 1-2, the waveguide is pressurized/filled with gas fluid such as described in Carr’s claim 2 to maintain shape, see Col. 1, lines 16-23 and Col. 4, lines 10-13).
Regarding Claims 2 and 13, wherein the inner surface of the elongate flexible tubing is a metallized inner surface (e.g. core 11 is metal conductor, Col. 3, lines 21-26).
Regarding Claims 3 and 14, wherein the inner surface of the elongate flexible tubing has a rectangular shaped cross section (e.g. see Fig. 3 and Col. 3, lines 16-19).
Regarding Claims 8 and 19, wherein the elongate flexible tubing further comprises an openable pressurization hole (e.g. aperture holes 19) connected to the airtight elongate cavity, and wherein the airtight elongate cavity is configured to receive the pressurized gaseous fluid when the openable pressurization hole is opened (e.g. see Col. 4, lines 1-19, gas fluid enters the cavity through hole aperture(s) 19 when they are open).
Claims 1-3, 12-14, and 20 are rejected under 35 U.S.C. 102a1 as being clearly anticipated by Pangonis et al. (GB 1598001 cited by applicant).
Pangonis (e.g. Figs. 10,12, and 23-24) teaches a flexible waveguide and method including:
Regarding Claims 1, 12, and 20, waveguide device for guiding radio frequency signals (e.g. see page 1 lines 20-24, teaches millimeter waves which by definition is a radio frequency) , wherein the waveguide device comprises: an elongate flexible tubing (e.g. see Fig. 10 and Fig. 12) having an elongate shape and comprising an inner surface defining an elongate airtight cavity (e.g. flexible duct 24 has an elongate shape as shown in Fig. 10 and filled with a gas liquid and is air tight, e.g. see page 3 lines 26-39 and page 6 lines 104-116), wherein: the elongate airtight cavity extends from a first end of the elongate flexible tubing to a second end of the elongate flexible tubing, the first end of the elongate flexible tubing is configured to perform at least one of coupling the radio frequency signals into or coupling the radio frequency signals out of the elongate airtight cavity, the inner surface of the elongate flexible tubing is configured to guide the radio frequency signals along the waveguide device, and the second end of the elongate flexible tubing is configured to perform at least one of coupling the radio frequency signals out of or coupling the radio frequency signals into the elongate airtight cavity (e.g. see page 15 lines 100-120), the device transmits signals, i.e. from a transmitter device at one end of the waveguide and is guided by the waveguide surface to the second end of the waveguide to a receiving device and thus can be considered a communications device having transmitter/waveguide/receiver devices for the device to be useful to transmit signals from a source transmitting device to a receiving device to function for its intended use); wherein, when the elongate airtight cavity is filled with a pressurized gaseous fluid, the elongate flexible tubing is configured to retain an elongate shape (e.g. see page 7, lines 89-102).
Regarding Claims 2 and 13, wherein the inner surface of the elongate flexible tubing is a metallized inner surface (e.g. 28 is a metal conductor layer, see page 8 lines 67-70) .
Regarding Claims 3 and 14, wherein the inner surface of the elongate flexible tubing has a circular, rectangular, H-shaped, or C-shaped cross section (e.g. see Fig. 10, circular shaped tubing).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Pangonis et al. (GB 1598001 cited by applicant) in view of Nutley et al. (DE 2125072A1 cited by applicant).
Pangonis teaches a flexible waveguide as described above. However, Pangonis does not appear to explicitly teach the elongate flexible tubing further comprises an openable pressurization hole connected to the airtight elongate cavity, and wherein the airtight elongate cavity is configured to receive the pressurized gaseous fluid when the openable pressurization hole is opened.
Nutley (e.g. Fig. 5) provides the general teaching of an inlet hole (e.g. 31, 17) that can be opened to insert gas into a waveguide for pressurizing (e.g. see page 6 of the translation).
It would have been considered obvious to one of ordinary skill in the art to have modified the Pangonis waveguide to have a pressure providing hole that can be opened to provide gas fluid pressure to maintain the shape of the waveguide such as generally taught by Nutley, because the modification to have the Nutley pressure insertion means would have been a mere selection of a known waveguide pressure means for the non-specific pressure insertion of Pangonis which is the same general purpose of pressurizing a waveguide to maintain the shape and functionality.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN E JONES whose telephone number is (571)272-1762. The examiner can normally be reached 9AM to 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrea Lindgren Baltzell can be reached at 571-272-5918. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Stephen E. Jones/Primary Examiner, Art Unit 2843
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