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 .
Remarks
The Office has cited particular columns, line numbers, paragraph numbers, references, or figures in the references applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses to fully consider the reference in entirety, as potentially teaching all or part of the claimed invention. See MPEP § 2141.02 and § 2123.
Claim Objections
Claims 1 and 15 are objected to because of the following informalities:
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m). Therefore, elements in the claims should be provided with reference characters enclosed within parentheses or the reference character, “(108)” in line 10 in claim 1 and in line 11 in claim 15 should be deleted in order to be consistent with other elements. Appropriate correction is required.
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.
Claim 7 is 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 "the extension of the retroreflective structure" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-9 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Edwards et al. (US 2019/0312347 A1, hereinafter referred to as Edwards).
Regarding claim 1, Edwards discloses a communication device (Figs. 1, 6, 7) for a wireless communication system, the communication device comprising:
a chassis (12R, Fig. 1, “rear housing wall 12R may include a planar metal layer”, para 024),
a glass layer (“Display 6 may be protected using a display cover layer such as a layer of transparent glass”, para 0031, Fig. 1, 6; 130, Fig. 7),
a dielectric layer (128, 140, Fig. 7) extending along a plane between the chassis and the glass layer,
an antenna element (104, 60, Fig. 7) configured to emit a radio wave; and
a retroreflective structure (174, 176, 170, Fig. 7; functionally operate as retroreflective structure, see “the presence of conductive layer 174, vertical conductive structures 176, and conductive vias 170 may serve to block the surface waves from propagating out of aperture 129”, para 0109) extending inside the dielectric layer and being located adjacent to the antenna element,
wherein the retroreflective structure is configured to reflect the radio wave in an angle non-parallel to the plane (Fig. 7, para 0109) and provides a beamforming surface (174, 176, 170, Fig. 7; “the presence of conductive layer 174, vertical conductive structures 176, and conductive vias 170 may serve to block the surface waves from propagating out of aperture 129, interfering with external equipment, being absorbed by the user, etc. In this way, phased antenna array 60 may transmit and receive radio-frequency signals 162 at millimeter and centimeter wave frequencies through dielectric cover layer 130 while minimizing reflective losses, destructive interference, and surface wave effects associated with the presence of dielectric cover layer 130”, para 0109) for the antenna element (104, 60, Fig. 7).
Regarding claim 2, Edwards discloses the communication device according to claim 1, wherein the retroreflective structure (174, 176, 170, Fig. 7) has an inhomogeneous impedance (“the presence of conductive layer 174, vertical conductive structures 176, and conductive vias 170 may serve to block the surface waves from propagating out of aperture 129”, para 0109) along the extension inside the dielectric layer (128, 140, Fig. 7).
Regarding claim 3, Edwards discloses the communication device according to claim 1, wherein the retroreflective structure is conductively or capacitively coupled to the antenna element (para 0109).
Regarding claim 4, Edwards discloses the communication device according to claim 3, wherein a first end of the retroreflective structure is conductively or capacitively coupled to the antenna element (para 0109).
Regarding claim 5, Edwards discloses the communication device according to claim 1, wherein the retroreflective structure is located within a range from the antenna element being less than half of the wavelength of the radio wave (para 0105-117).
Regarding claim 6, Edwards discloses the communication device according to claim 1, wherein the antenna element is arranged perpendicular to or parallel to the plane of the dielectric layer (Fig. 7).
Regarding claim 7, Edwards discloses the communication device according to claim 1, wherein the extension of the retroreflective structure inside the dielectric layer is less than half of the wavelength of the radio wave (para 0105-117).
Regarding claim 8, Edwards discloses the communication device according to claim 1, wherein the retroreflective structure is a conductive film (“conductive layer” can be broadly interpreted as conductive film, para 0109).
Regarding claim 9, Edwards discloses the communication device according to claim 8, wherein the conductive film comprises a solid conductive film (“conductive layer” can be broadly interpreted as solid conductive film, para 0109).
Method claim 15 is essentially the same in scope as apparatus claim 1 and is rejected similarly as discussed above.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 12,095,168. Although the claims at issue are not identical, they are not patentably distinct from each other because the modification of the retroreflective structure to provide a beamforming surface for the antenna element would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, as the claimed 'beamforming surface' is considered an intended use or functional limitation that does not structurally distinguish the claim from the prior art retroreflective structure. The prior art's structure is capable of performing the beamforming function, and thus the limitation merely adds a function to a known structure.
18/820,756 (Instant Application)
Patent No.: US 12,095,168
1. A communication device for a wireless communication system, the communication device comprising: a chassis; a glass layer; a dielectric layer extending along a plane between the chassis and the glass layer; an antenna element configured to emit a radio wave; and a retroreflective structure extending inside the dielectric layer and being located adjacent to the antenna element,
wherein the retroreflective structure is configured to reflect the radio wave in an angle non-parallel to the plane
and provides a beamforming surface for the antenna element.
8. The communication device according to claim 1, wherein the retroreflective structure is a conductive film.
10. The communication device according to claim 8, wherein the conductive film comprises capacitive elements and inductive elements forming a capacitive and inductive pattern.
2. The communication device according to claim 1, wherein the retroreflective structure has an inhomogeneous impedance along the extension inside the dielectric layer.
3. The communication device according to claim 1, wherein the retroreflective structure is conductively or capacitively coupled to the antenna element.
4. The communication device according to claim 3, wherein a first end of the retroreflective structure is conductively or capacitively coupled to the antenna element.
5. The communication device according to claim 1, wherein the retroreflective structure is located within a range from the antenna element being less than half of the wavelength of the radio wave.
6. The communication device according to claim 1, wherein the antenna element is arranged perpendicular to or parallel to the plane of the dielectric layer.
7. The communication device according to claim 1, wherein the extension of the retroreflective structure inside the dielectric layer is less than half of the wavelength of the radio wave.
9. The communication device according to claim 8, wherein the conductive film comprises a solid conductive film.
11. The communication device according to claim 10, wherein a size of each capacitive element and each inductive element is less than quarter of the wavelength of the radio wave.
12. The communication device according to claim 10, wherein the capacitive and inductive pattern is a non-repeating pattern.
13. The communication device according to claim 10, wherein the capacitive and inductive pattern forms a grid pattern.
14. The communication device according to claim 10, wherein the radio wave is a transverse magnetic polarized radio wave.
15. A method for producing a communication device for a wireless communication system, the method comprising: obtaining a chassis and a glass layer; obtaining a dielectric layer extending in a plane, the dielectric layer comprising a retroreflective structure extending inside the dielectric layer, and wherein the retroreflective structure is configured to reflect a radio wave in an angle being non-parallel to the plane;
arranging the dielectric layer between the chassis and the glass layer; arranging an antenna element adjacent to the retroreflective structure; and conductively or capacitively coupling the antenna element to the retroreflective structure
providing a beamforming surface for the antenna element
1. A communication device for a wireless communication system, the communication device comprising: a chassis; a glass layer; a dielectric layer extending along a plane between the chassis and the glass layer; an antenna element configured to emit a radio wave; and a retroreflective structure extending inside the dielectric layer and being located adjacent to the antenna element,
wherein the retroreflective structure is a conductive film that comprises capacitive elements and inductive elements forming a capacitive and inductive pattern, and
wherein the retroreflective structure is configured to reflect the radio wave in an angle non-parallel to the plane.
2. The communication device according to claim 1, wherein the retroreflective structure has an inhomogeneous impedance along the extension inside the dielectric layer.
3. The communication device according to claim 1, wherein the retroreflective structure is conductively or capacitively coupled to the antenna element.
4. The communication device according to claim 3, wherein a first end of the retroreflective structure is conductively or capacitively coupled to the antenna element.
5. The communication device according to claim 1, wherein the retroreflective structure is located within a range from the antenna element being less than half of the wavelength of the radio wave.
6. The communication device according to claim 1, wherein the antenna element is arranged perpendicular to or parallel to the plane of the dielectric layer.
7. The communication device according to claim 1, wherein the extension of the retroreflective structure inside the dielectric layer is less than half of the wavelength of the radio wave.
8. The communication device according to claim 1, wherein the conductive film comprises a solid conductive film.
9. The communication device according to claim 1, wherein a size of each capacitive element and each inductive element is less than quarter of the wavelength of the radio wave.
10. The communication device according to claim 1, wherein the capacitive and inductive pattern is a non-repeating pattern.
11. The communication device according to claim 1, wherein the capacitive and inductive pattern forms a grid pattern.
12. The communication device according to claim 1, wherein the radio wave is a transverse magnetic polarized radio wave.
13. A method for producing a communication device for a wireless communication system, the method comprising: obtaining a chassis and a glass layer; obtaining a dielectric layer extending in a plane, the dielectric layer comprising a retroreflective structure extending inside the dielectric layer,
wherein the retroreflective structure is configured to reflect a radio wave in an angle being non-parallel to the plane,
and wherein the retroreflective structure is a conductive film that comprises capacitive elements and inductive elements forming a capacitive and inductive pattern;
arranging the dielectric layer between the chassis and the glass layer; arranging an antenna element adjacent to the retroreflective structure; and conductively or capacitively coupling the antenna element to the retroreflective structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US 11,362,421 B2) discloses antenna and device configurations.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL D CHANG whose telephone number is (571)272-1801. The examiner can normally be reached M-F 8-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Taningco can be reached on 5712728048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL D CHANG/ Primary Examiner, Art Unit 2844