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 (Figs. 1, 2, 2A) in the reply filed on 3/16/26 is acknowledged.
Applicant indicated that Claims 1-5 and 16-20 read on the elected species. However, upon examination, Claim 20 is dependent on non-elected Claim 13 thus Claim 20 is also non-elected. Accordingly, Claims 6-15 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 3/16/26.
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 4-5 and 16-19 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.
In Claim 4 (line 1), the phrase “the first part” lacks antecedent basis. Also, In Claim 4 (lines 2-3), the phrase “the antenna phase shifter includes two first phase-shifting rotation mechanisms arranged in a same plane” conflicts with Claim 3 since two first phase-shifting rotation members and the same plane were previously recited in Claim 3. Should Claim 4 depend from Claim 2 instead of Claim 3?
In Claim 5 (line 1), the phrase “the first part” lacks antecedent basis. Also, In Claim 5 (lines 3-4), the phrase “the antenna phase shifter includes two first phase-shifting rotation mechanisms symmetrically arranged in a same plane” conflicts with Claim 3 since two first phase-shifting rotation members and the same plane were previously recited in Claim 3. Should Claim 5 depend from Claim 2 instead of Claim 3?
In Claim 16 (line 2), the phrase “the second position limiting member” lacks antecedent basis and is unclear as to what it is referring. Additionally in Claim 16 (line 6), the phrases “the first part” lack antecedent basis and is unclear as to what it is referring. Also in Claim 16 (lines 6-7), the phrase “the second rotation member” lacks antecedent basis and is unclear as to what it is referring. Should Claim 16 depend from some other claim instead of Claim 1?
Claims 17-19 inherit the indefiniteness of Claim 16 because of their dependency on Claim 16.
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 1-2 are rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Li et al. (US 2022/0037783).
Li (e.g. Figs. 1-7) teaches an antenna phase shifter including:
Regarding Claim 1, at least one first phase-shifting fixed unit (412) having a first fixed phase-shifting trace (e.g. 413 of board 412)); at least one first phase-shifting movable unit (e.g. 411) having a first movable phase-shifting trace (e.g. 413 of board 411), the first fixed phase-shifting trace and the first movable phase-shifting trace being in contact with each other (e.g. the pc boards of 411 and 412 are coupled together in a stacked relationship such that trace/line 413 of the respective boards contact, see Figs. 3-5 and [0022]); and at least one first phase-shifting rotation mechanism (e.g. 32), each coupled to one of the at least one first phase-shifting movable unit and configured to control a relative movement between the first fixed phase-shifting trace and the first movable phase-shifting trace (e.g. see [0022], 32 rotates to turn 411); and a drive apparatus including: a power mechanism (e.g. motor 11) configured to provide a drive force to the antenna phase shifter; a first rotation member (e.g. drive rod 20) connected to the power mechanism and coupled to the at least one first phase-shifting rotation mechanism; and a position-limiting member configured to limit a movement of the first phase-shifting rotation mechanism in an axial direction of the first phase-shifting rotation mechanism (e.g. 60, see [0026] the rack 60 restricts rotation range); wherein the first rotation member transfers the drive force of the power mechanism to the first phase-shifting rotation mechanism to control a relative movement between the first fixed phase-shifting trace and the first movable phase-shifting trace (e.g. see the abstract and [0022-0023]).
Regarding Claim 2, wherein when the power mechanism (e.g. motor 11) drives the first rotation member (e.g. rod 20) to rotate, the position-limiting member (e.g. rack 60) is further configured to limit a movement of a first part of the first rotation member in an axial direction of the first rotation member (e.g. 60, see [0026] the rack 60 restricts rotation range of the phase shifting rotation member 411 and the rotation member 32, since clamping block 321 in slot 4111 contains 411 to move only with 32, see [0022] ,and thus the rod 20 rotation member movement is limited since the rack limits the range of all axial rotation).
Allowable Subject Matter
Claim 3 is 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.
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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