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 .
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.
Claims 1-7 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. of ZTE Photoelectric Tech Co Ltd (CN 110658587), hereinafter “ZTE,” in view of Wyeth et al. (US 2003/0169137), each of record.
Regarding claim 1, ZTE discloses a switch (Figs. 1, 2, 4, 5) comprising:
a rotator (1) of the polarization of a heat signal (2) for activating the switch (para. [0027]), located in front of a surface of a region (Figs. 1, 2C, 4, 5).
ZTE fails to explicitly disclose the switch based on a phase-change material; a region made of said phase-change material coupling first and second conduction electrodes of the switch; and the heat signal being a laser signal, located in front of a surface of the region made of said phase-change material.
However, Wyeth discloses a switch (Figs. 1, 13) based on a phase-change material (para. [0029]) comprising:
a region (111, Fig. 13) made of said phase-change material coupling first and second conduction electrodes (Metal strips, 109) of the switch; and
a laser signal (115) for activating the switch (para. [0043]), located in front of a surface of the region (111) made of said phase-change material (Fig. 13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the switch based on a phase-change material; a region made of said phase-change material coupling first and second conduction electrodes of the switch; and the heat signal being a laser signal, located in front of a surface of the region made of said phase-change material, as in Wyeth, into the switch of ZTE to use a material that can be reversibly changed in phase, ideal in a switch.
Regarding claim 2, ZTE discloses wherein the polarization rotator (1) comprises a central region (1, Fig. 2C) made of a first material surrounded by a peripheral region (20, 30, Fig. 2C) made of a second material having an optical index lower than that of the first material (para. [0004, 0030]).
Regarding claim 3, ZTE discloses wherein the polarization rotator (1) is adapted to causing, between an input surface and an output surface, opposite to the input surface, a rotation of the polarization of the heat signal for activating the switch between a transverse electric mode and a transverse magnetic mode (Figs. 1, 4, 5; paras. [0031-0032]).
Wyeth further discloses the laser signal (115).
Regarding claim 4, ZTE discloses wherein the central region (1, Fig. 2C) has, along a direction of propagation of the heat signal in the polarization rotator, an asymmetrical cross-section (Fig. 2).
Wyeth further discloses the laser signal (115).
Regarding claim 5, ZTE discloses wherein the cross-section of the central region (1, Fig. 2C) is invariable along the entire length of the polarization rotator (Fig. 2).
Regarding claim 6, ZTE discloses wherein the cross-section of the central region (1, Fig. 2C) has, in a plane orthogonal to the heat signal propagation direction, an L shape (Fig. 2).
Wyeth further discloses the laser signal (115).
Regarding claim 7, ZTE discloses wherein the cross-section of the central region (1, Fig. 2C) varies along a direction of propagation of the heat signal in the polarization rotator (Fig. 2).
Wyeth further discloses the laser signal (115).
Regarding claim 9, ZTE discloses a cell of a transmitarray or of a reflectarray (para. [0005]) comprising at least one switch according to claim 1.
Regarding claim 10, ZTE discloses a transmitarray or reflectarray (para. [0005]) comprising:
a plurality of cells (para. [0005]) according to claim 9;
one or a plurality of heat sources (2); and
a circuit for controlling the heat source(s) (para. [0032]).
Wyeth further discloses the laser source (115).
Regarding claim 11, ZTE discloses an array according to claim 10, wherein each laser source (2) forms part of a same chip as each switch with which it is associated (paras. [0004-0005]).
Wyeth further discloses the laser source (115).
Claims 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. of ZTE Photoelectric Tech Co Ltd (CN 110658587), in view of Wyeth et al. (US 2003/0169137), as applied to claims 1 and 10 above, and further in view of Gharbieh et al. (US 2023/0129840), of record.
Regarding claim 8, ZTE in view of Wyeth fails to explicitly disclose wherein the first and second conduction electrodes form part of an antenna element of a cell of a transmitarray or of a reflectarray.
However, Gharbieh discloses a switch (Figs. 6-7), wherein the first and second conduction electrodes (140) form part of an antenna element (100, 200) of a cell (105, 205) of a transmitarray or of a reflectarray (Figs. 1-16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the first and second conduction electrodes form part of an antenna element of a cell of a transmitarray or of a reflectarray, as in Gharbieh, into the switch of ZTE and Wyeth to incorporate it into a useful application in radio communication.
Regarding claim 12, ZTE discloses at least one source (2) configured to irradiate a surface of the transmitarray or the reflectarray (Figs. 1, 2, 4, 5).
ZTE in view of Wyeth fails to explicitly disclose an antenna comprising a transmitarray or a reflectarray according to claim 10.
However, Gharbieh discloses an antenna (100, 200) comprising a transmitarray or a reflectarray according to claim 10 (Figs. 1-16).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate an antenna comprising a transmitarray or a reflectarray according to claim 10, as in Gharbieh, with the switch of ZTE and Wyeth to incorporate the switch into a useful application in radio communication.
Response to Arguments
Applicant’s arguments filed August 13, 2026 have been fully considered but they are not persuasive. Applicant has identified the deficiencies of each cited prior art reference in the rejection under 35 U.S.C. 103 of claim 1. Specifically, Applicant has recognized that element 2 of ZTE is a heater and not a laser signal, the heater activates the switch, and a polarization beam splitter rotates the polarization. Additionally, Applicant has recognized that Wyeth lacks a waveguide or polarization rotator, and that Wyeth has not recognized the problem that Applicant is addressing in the present invention.
Applicant has further argued that no sufficient reason, or supported assertion, has been presented that would motivate one of ordinary skill in the art to combine the references, and that the proposed combination would change ZTE’s principle of operation. However, in response, the proposed modification would not render the invention of ZTE unsatisfactory for its intended purpose, nor change the principle of its operation. The combination of ZTE with Wyeth would still result in a polarization switch. The motivation for incorporating a phase-change material can come directly from Wyeth, in that it would be useful in a switch (paras. [0003, 0029]).
Therefore, the previous ground of rejection of claim 1 under 35 U.S.C. 103 over ZTE in view of Wyeth has been maintained.
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 PAISLEY L WILSON whose telephone number is (571)270-5023. The examiner can normally be reached Monday-Friday, 9:00am-5:00pm ET.
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/PAISLEY L WILSON/Primary Examiner, Art Unit 2871
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