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 .
DETAILED ACTION
Response to Arguments
Applicant's arguments filed on 07/08/2026 have been fully considered but they are not persuasive.
Regarding rejections of claim 1, Applicant argues that Furuhi does not teach, or even suggest, that the thickness of each of the dielectric layer 51and the thickness of the dielectric layer 53 (i.e., the thickness X of each of the outer layer and the inner layer) satisfies the formula (1) and Formula (2).
The Examiner respectfully disagrees. Formula (1) of the application shows the thickness X relates to Z, and Formula (2) of the application shows Z relates to a wavelength (λ) of an electromagnetic wave travels in a dielectric layer and relates to a relative dielectric constant ϵr of the dielectric layer. Therefore, the thickness X relates to the wavelength (λ) and the relative dielectric constant ϵr of the electromagnetic wave in the dielectric layer. Figure 3 of Furuhi shows an electromagnetic wave travels in dielectric layer (1) having a thickness (d1) and a relative dielectric constant (ϵ1), and the electromagnetic wave travels in dielectric layer (3) having a thickness (d3) and a relative dielectric constant (ϵ3). Therefore, Furuhi discloses that a thickness (d) of a dielectric layer relates to a wavelength (λ) of an electromagnetic wave in the dielectric layer and relates to a relative dielectric constant (ϵ) of the dielectric layer.
Therefore, in view of the above reasons, the Examiner maintains rejections of claim 1.
[AltContent: textbox (Furuhi (US 20230006344))]
PNG
media_image1.png
267
498
media_image1.png
Greyscale
Claim Rejections - 35 USC § 103
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 1-2 and 4-11 are rejected under 35 U.S.C. 103 as being unpatentable over Furuhi (US 20230006344 of record), hereinafter Furuhi.
Regarding claim 1,
Furuhi discloses a radio wave transmissive member (a protection structure 50, Fig 2), comprising an outer layer (a dielectric layer 53, Fig 2), an intermediate layer (a dielectric layer 52, Fig 2) and an inner layer (a dielectric layer 51, Fig 2) in this order,
the radio wave transmissive member having a region (a region RG50, Fig 3) in which X, as a thickness of each of the outer layer (d3, Fig 3) and the inner layer (d1, Fig 3) in a transmission direction of a radio wave (Fig 3).
Furuhi does not explicitly teach X satisfies the following Formula (1) and Formula (2):
Z-0.3mm≤X≤Z+0.3mm Formula (1)
Z=λ÷√εr×0.5×Y Formula (2)
wherein, in the Formulas, λ represents a wavelength in vacuum of the radio wave, ε.sub.r represents a relative permittivity of each layer at a frequency of the radio wave, and Y represents an integer of 1 or more.
However, Furuhi teaches the “effective wavelength in the dielectric layer” is a wavelength obtained by dividing a wavelength in a free space by a square root of the relative permittivity of the dielectric layer (paragraph [0076]). Therefore, the effective wavelength in a dielectric layer is expressed in Formula (2) Z=λ÷√εr×0.5×Y.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use X as a thickness of each of an outer layer and an inner layer satisfying Z-0.3mm≤X≤Z+0.3mm and Z=λ÷√εr×0.5×Y in Furuhi, in order to provide a technique for improving radio wave transmission characteristics of a dielectric structure.
[AltContent: textbox (Furuhi (US 20230006344))][AltContent: textbox (RG50)][AltContent: ]
PNG
media_image2.png
327
628
media_image2.png
Greyscale
[AltContent: textbox (Furuhi (US 20230006344))]
PNG
media_image3.png
292
566
media_image3.png
Greyscale
Regarding claim 2,
Furuhi as modified discloses the claimed invention, as discussed in claim 1.
Furuhi teaches X as a thickness of the intermediate layer (d2, Fig 3).
Furuhi does not explicitly teach thickness d2 of the intermediate layer satisfies Formula (1) and Formula (2).
However, Furuhi teaches the “effective wavelength in the dielectric layer” is a wavelength obtained by dividing a wavelength in a free space by a square root of the relative permittivity of the dielectric layer (paragraph [0076]). Therefore, the effective wavelength in a dielectric layer is expressed in Formula (2) Z=λ÷√εr×0.5×Y.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use X as a thickness of an intermediate layer satisfying Z-0.3mm≤X≤Z+0.3mm and Z=λ÷√εr×0.5×Y in Furuhi as modified, in order to provide a technique for improving radio wave transmission characteristics of a dielectric structure.
Regarding claim 4,
Furuhi as modified discloses the claimed invention, as discussed in claim 1.
Furuhi does not explicitly teach each of the outer layer and the inner layer is a layer comprising a resin.
However, it’s well known in the art that a dielectric material may be a resin.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use each of an outer layer and an inner layer being a layer comprising a resin in Furuhi as modified, in order to provide a technique for improving radio wave transmission characteristics of a dielectric structure.
Regarding claim 5,
Furuhi as modified discloses the claimed invention, as discussed in claim 1.
Furuhi teaches a metal layer (a feed element 121, Fig 2) that is transmissive to the radio wave.
Regarding claim 6,
Furuhi as modified discloses the claimed invention, as discussed in claim 5.
Furuhi teaches the metal layer (the feed element 121, Fig 16) is disposed between the outer layer (a layer RG1(50C), Fig 16) and the intermediate layer (a dielectric layer 138, Fig 16), or between the inner layer and the intermediate layer.
[AltContent: textbox (Furuhi (US 20230006344))]
PNG
media_image4.png
226
518
media_image4.png
Greyscale
Regarding claim 7,
Furuhi as modified discloses the claimed invention, as discussed in claim 1.
Furuhi does not explicitly teach the radio wave transmissive member being for transmission of a radio wave with a frequency of from 20 GHz to 300 GHz.
However, Furuhi teaches an example of a frequency band of a radio wave used in the antenna module 100 is a radio wave in a millimeter-wave band having a center frequency of 28 GHz, 39 GHz, 60 GHz, or the like, for example. However, a radio wave in frequency bands other than the above may be used (paragraph [0032]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a radio wave transmissive member being for transmission of a radio wave with a frequency of from 20 GHz to 300 GHz in Furuhi as modified, in order to provide a technique for improving radio wave transmission characteristics of a dielectric structure.
Regarding claim 8,
Furuhi discloses a method of producing a radio wave transmissive member (a protection structure 50, Fig 2), comprising an outer layer (a dielectric layer 53, Fig 2), an intermediate layer (a dielectric layer 52, Fig 2) and an inner layer (a dielectric layer 51, Fig 2) in this order,
the method comprising determining thicknesses of the outer layer (d3, Fig 3) and the inner layer such that X, as a thickness of each of the outer layer and the inner layer in a transmission direction of a radio wave (Fig 3),
Furuhi does not explicitly teach X satisfies the following Formula (1) and Formula (2):
Formula (1): Z-0.3mm≤X≤Z+0.3mm
Formula (2): Z=λ÷√εr×0.5×Y
wherein, in the Formulas, λ represents a wavelength in vacuum of the radio wave, ε.sub.r represents a relative permittivity of each layer at a frequency of the radio wave, and Y represents an integer of 1 or more.
However, Furuhi teaches the “effective wavelength in the dielectric layer” is a wavelength obtained by dividing a wavelength in a free space by a square root of the relative permittivity of the dielectric layer (paragraph [0076]). Therefore, the effective wavelength in a dielectric layer is expressed in Formula (2) Z=λ÷√εr×0.5×Y.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use X as a thickness of each of an outer layer and an inner layer satisfying Z-0.3mm≤X≤Z+0.3mm and Z=λ÷√εr×0.5×Y in Furuhi, in order to provide a technique for improving radio wave transmission characteristics of a dielectric structure.
Regarding claim 9,
Furuhi as modified discloses the claimed invention, as discussed in claim 1.
Furuhi does not explicitly teach an automobile component, comprising the radio wave transmissive member.
However, it’s well known in the art that an automobile component comprising a radio wave transmissive member.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use an automobile component comprising a radio wave transmissive member in Furuhi as modified, in order to provide a technique for improving radio wave transmission characteristics of a dielectric structure.
Regarding claim 10,
Furuhi as modified discloses the claimed invention, as discussed in claim 1.
Furuhi does not explicitly teach an emblem, comprising the radio wave transmissive member.
However, it’s well known in the art that an emblem comprising a radio wave transmissive member.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use an emblem comprising a radio wave transmissive member in Furuhi as modified, in order to provide a technique for improving radio wave transmission characteristics of a dielectric structure.
Regarding claim 11,
Furuhi as modified discloses the claimed invention, as discussed in claim 1.
Furuhi teaches a device (an antenna module 100, Fig 2) that radiates a radio wave toward the radio wave transmissive member.
Furuhi does not explicitly teach an object detection structure, comprising the radio wave transmissive member according to claim 1
However, it’s well known in the art that an object detection structure comprising a radio wave transmissive member.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use an object detection structure comprising a radio wave transmissive member in Furuhi as modified, in order to provide a technique for improving radio wave transmission characteristics of a dielectric structure.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Furuhi (US 20230006344), hereinafter Furuhi, in view of Sekiguchi (US 20210210846 of record), hereinafter Sekiguchi.
Regarding claim 3,
Furuhi as modified discloses the claimed invention, as discussed in claim 1.
Furuhi does not teach the intermediate layer is an air layer.
However, Sekiguchi teaches a radio wave transmissive member (a radome 2, Fig 2B), comprising an outer layer (a layer 4, Fig 2B), an intermediate layer (a gap layer 6, Fig 2B) and an inner layer (a layer 3, Fig 2B).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use an intermediate layer being an air layer in Furuhi as modified, as taught by Sekiguchi, in order to provide a radome having an improvement in the transmittance to millimeter waves.
[AltContent: textbox (Sekiguchi (US 20210210846))]
PNG
media_image5.png
676
476
media_image5.png
Greyscale
Double Patenting
Nonstatutory 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Provisional Rejection, Nonstatutory Double Patenting - No Secondary Reference(s).
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of copending Application No. 18867100.
US Application 18867120
Claim 1, A radio wave transmissive member, comprising an outer layer, an intermediate layer and an inner layer in this order,
the radio wave transmissive member having a region in which X, as a thickness of each of the outer layer and the inner layer in a transmission direction of a radio wave, satisfies the following Formula (1) and Formula (2):
Formula (1): Z-0.3mm≤X≤Z+0.3mm
Formula (2): Z=λ÷√εr×0.5×Y
wherein, in the Formulas, λ represents a wavelength in vacuum of the radio wave, ε.sub.r represents a relative permittivity of each layer at a frequency of the radio wave, and Y represents an integer of 1 or more.
Claim 2, The radio wave transmissive member according to claim 1, wherein X as a thickness of the intermediate layer satisfies Formula (1) and Formula (2).
Claim 3, The radio wave transmissive member according to claim 1, wherein the intermediate layer is an air layer.
Claim 4, The radio wave transmissive member according to claim 1, wherein each of the outer layer and the inner layer is a layer comprising a resin.
Claim 5, The radio wave transmissive member according to claim 1, further comprising a metal layer that is transmissive to the radio wave.
Claim 6, The radio wave transmissive member according to claim 5, wherein the metal layer is disposed between the outer layer and the intermediate layer, or between the inner layer and the intermediate layer.
Claim 7, The radio wave transmissive member according to claim 1, being for transmission of a radio wave with a frequency of from 20 GHz to 300 GHz.
Claim 8, A method of producing a radio wave transmissive member, comprising an outer layer, an intermediate layer and an inner layer in this order,
the method comprising determine thickness of the outer layer and the inner layer such that X, as a thickness of each of the outer layer and the inner layer in a transmission direction of a radio wave, satisfies the following Formula (1) and Formula (2):
Formula (1): Z-0.3mm≤X≤Z+0.3mm
Formula (2): Z=λ÷√εr×0.5×Y
wherein, in the Formulas, λ represents a wavelength in vacuum of the radio wave, ε.sub.r represents a relative permittivity of each layer at a frequency of the radio wave, and Y represents an integer of 1 or more
Claim 9, An automobile component, comprising the radio wave transmissive member according to claim 1.
Claim 10, An emblem, comprising the radio wave transmissive member according to claim 1.
Claim 11, An object detection structure, comprising the radio wave transmissive member according to claim 1, and a device that radiates a radio wave toward the radio wave transmissive member.
US Application 18867100
Claim 1, A radio wave transmissive member, comprising an outer layer, an intermediate layer and an inner layer in this order,
the radio wave transmissive member having a region in which X1, as a total thickness of the outer layer and the inner layer in a transmission direction of a radio wave, satisfies the following Formula (1) and Formula (3), and X2, as a thickness of the intermediate layer in a transmission direction of the radio wave, satisfies the following Formula (2) and Formula (3):
Formula (1): Z-0.6mm≤X1≤Z+0.6mm
Formula (2): Z-0.3mm≤X2≤Z+0.3mm
Formula (3): Z=λ÷√εr×0.5xY
wherein, in the Formulas, λ represents a wavelength in vacuum of the radio wave, ε.sub.r represents a relative permittivity of each layer at a frequency of the radio wave, and Y represents an integer of 1 or more.
Claim 1, A radio wave transmissive member, comprising an outer layer, an intermediate layer and an inner layer in this order,
X2, as a thickness of the intermediate layer in a transmission direction of the radio wave, satisfies the following Formula (2) and Formula (3):
Formula (2): Z-0.3mm≤X2≤Z+0.3mm
Formula (3): Z=λ÷√εr×0.5xY
Claim 2, The radio wave transmissive member according to claim 1, wherein the intermediate layer is an air layer.
Claim 3, The radio wave transmissive member according to claim 1, wherein each of the outer layer and the inner layer is a layer comprising a resin.
Claim 4, The radio wave transmissive member according to claim 1, further comprising a metal layer that is transmissive to the radio wave.
Claim 5, The radio wave transmissive member according to claim 4, wherein the metal layer is disposed between the outer layer and the intermediate layer, or between the inner layer and the intermediate layer.
Claim 6, The radio wave transmissive member according to claim 1, being for transmission of a radio wave with a frequency of from 20 GHz to 300 GHz.
Claim 7, A method of producing a radio wave transmissive member, comprising an outer layer, an intermediate layer and an inner layer in this order,
the method comprising determine thickness of the outer layer, the intermediate layer and the inner layer such that X1, as a total thickness of the outer layer and the inner layer in a transmission direction of a radio wave, satisfies the following Formula (1) and Formula (3), and X2, as a thickness of the intermediate layer in a transmission direction of the radio wave, satisfies the following Formula (2) and Formula (3):
Formula (1): Z-0.6mm≤X1≤Z+0.6mm
Formula (2): Z-0.3mm≤X2≤Z+0.3mm
Formula (3): Z=λ÷√εr×0.5xY
wherein, in the Formulas, λ represents a wavelength in vacuum of the radio wave, ε.sub.r represents a relative permittivity of each layer at a frequency of the radio wave, and Y represents an integer of 1 or more.
Claim 8, An automobile component, comprising the radio wave transmissive member according to claim 1.
Claim 9, An emblem, comprising the radio wave transmissive member according to claim 1.
Claim 10, An object detection structure, comprising the radio wave transmissive member according to claim 1, and a device that radiates a radio wave toward the radio wave transmissive member.
Conclusion
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply.
Applicant, in preparing the response, should consider fully the entire reference aspotentially teaching all or part of the claimed invention, as well as the context of thepassage as taught by the prior art or disclosed by the Examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Tran whose telephone number is (571)270-7650. The examiner can normally be reached on Monday-Friday 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dimary Lopez can be reached on (571) 270-7893. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HAI V TRAN/Primary Examiner, Art Unit 2845
Prosecution Insights