DETAILED ACTION
Claims 1-24 of U.S. Application No. 18848789 filed on 09/19/2024 are presented for examination.
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 .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/19/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The term “near” in claim 22 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In the instant application, it is not clear how near a frequency band that read on he claim? Is 2GHZ. 3GHZ, 5GHZ, 10GHZ near? The claim as written does not set the metes and bounds of the claim.
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.
Claim(s) 1-4, 7-8, 10, 16-17, 21-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miller et al. (US 8803751; Hereinafter, “Miler”).
Regarding claim 1: Miller discloses a vibration element (antennal element 600; fig. 6), comprising a vibration part (stacks 602, 604) in which a plurality of layers (606, 608) is laminated (fig. 6), the plurality of layers including
a plurality of first elastic layers (608) that is elastically deformed by electric field (since it is made of piezoelectric material) application, and at least one second elastic layer (606) that is elastically deformed by magnetic field application (since it is made of magnetoresistive material).
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Regarding claim 2/1: Miller discloses the limitations of claim 1 and further discloses that the first elastic layers (608) each generate an electric field when the first elastic layers are elastically deformed by elastic deformation of the second elastic layer (606), and the second elastic layer (606) generates a magnetic field when the second elastic layer (606) is elastically deformed by elastic deformation of the first elastic layer (608)(col. 7, lines 1-51).
Regarding claim 3/1: Miller discloses the limitations of claim 1 and further discloses that the first elastic layers (608) are not adjacent to each other (since the first and second layers alternate as seen in fig. 6).
Regarding claim 4/1: Miller discloses the limitations of claim 1 and further discloses that the second elastic layer (606) includes a plurality of second elastic layers (6 layers in stack 602, and 6 layers in stack 604), and the second elastic layers (606) are not adjacent to each other (since the first and second layers alternate as seen in fig. 6).
Regarding claim 7/1: Miller discloses the limitations of claim 1 and further discloses that the first and second elastic layers (606, and 608) are alternately laminated (fig. 6).
Regarding claim 8/1: Miller discloses the limitations of claim 1 and further discloses that the first elastic layers (608) are arranged on both sides of the second elastic layer (606)(hashed layers 608 have clear layers 606 on both sides).
Regarding claim 10/8/1: Miller discloses the limitations of claim 1 and further discloses that the second elastic layers (606) are at least three second elastic layers (at least six per stack are shown), and the second elastic layers (606) are arranged on both sides of the laminate part including the second elastic layer (606) and first elastic layers (608) on both sides of the second elastic layer (606).
Regarding claim 16/1: Miller discloses the limitations of claim 1 and further discloses that the first elastic layers (608) each include a piezoelectric layer (col. 7, lines 8-9).
Regarding claim 17/1: Miller discloses the limitations of claim 1 and further discloses that the second elastic layer (606) includes a magnetic layer having magnetostrictive properties (col. 7, line 8).
Regarding claim 21/1: Miller discloses the limitations of claim 1 and further discloses that the vibration element (600) is an antenna element (col. 7, line 2).
Regarding claim 22/21/1: Miller discloses the limitations of claim 1 and further discloses The vibration element according to claim 21, which is operable near a band of 2.45 GHz (50MHZ-18GHZ; col. 7, lines 55-56).
Regarding claim 23/1: Miller discloses the limitations of claim 1 and further discloses a vibration element array comprising a plurality of vibration elements according to claim 1 arranged in an array form (col. 7, line 55).
Regarding claim 24/1: Miller discloses the limitations of claim 1 and further discloses an electronic apparatus (antenna applique for an aircraft; fig. 3-6) comprising a vibration element according to claim 1 (fig. 3-6).
Allowable Subject Matter
Claims 5-6, 9, 11-15, 18-20 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED ELNAKIB whose telephone number is (571)270-0638. The examiner can normally be reached 8:00AM-4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tulsidas Patel can be reached at 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED ELNAKIB/Primary Examiner,
Art Unit 2834
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