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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/12/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Response to Amendment
The amendment filed 04/01/2026 has been entered. Claims 1-18 are currently pending. Amendments to the drawings and the claims have overcome the objections and 112(b) rejections set forth in the Non-Final Office Action dated 01/09/2026.
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.
Claims 1-2, 7-11 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by IDS document Seki et al. (JP 2000101328A; hereinafter Seki).
Claim 1: Seki discloses (fig. 1 below) “An antenna assembly (abstract, antenna system), comprising:
at least one element group (¶7, “a plurality of antennas”; fig. 1, 1-1, 1-2, …,1-N), wherein each element group of the at least one element group comprises at least one radiating element (¶7, “a plurality of antennas, each including at least one or more antenna elements”);
a switching assembly communicatively connected to the at least one element group, and being configured to control turning on or off of the at least one element group (¶16, “switch circuits 2-1, 2-2, …2-N. In the OFF state, the switch circuits 2-1, 2-2,…,2-N do not supply power to the antenna element and disconnect the power supply line 3 without connecting them”); and
a phase shifter is communicatively connected to the switching assembly, and being configured to perform beamforming on the antenna assembly (¶20, “.., 7-N are phase shifters interposed and connected in the feeder line 3. These phase shifters control the amount of delay of a signal transmitted through the feed line 3 between the switch circuits”),
wherein in response to the switching assembly turns turning on different element groups of the at least one element group, roll angles of the antenna assembly are different (¶29, “the number of antenna elements that are simultaneously excited by the switch control signal supplied to the feed line 3 can be changed, whereby the vertical plane beam width can be made variable. Further, the excitation condition can be changed, and the vertical tilt angle can be changed)”.
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Additionally, according to MPEP 2112.01, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)”.
Claim 2: Seki discloses the antenna assembly according to claim 1.
Seki discloses (fig. 1) “a plurality of element groups (¶7, “a plurality of antennas”; fig. 1, 1-1, 1-2, …,1-N), and each element group of the plurality of element groups is disposed in at least one of a length direction or a width direction of the antenna assembly (see fig. 1) (the element groups are all disposed in a length direction and a width direction of the antenna assembly)”.
Claim 7: Seki discloses the antenna assembly according to claim 2.
Seki discloses (fig. 1) “a plurality of switching assemblies (switch circuits 2-1, 2-2, …2-N), and each switching assembly of the plurality of switching assemblies corresponds to the at least one element group (1-1, 1-2, …,1-N), and is configured to control turning on or off of the corresponding element group of the at least one element group (¶16, “switch circuits 2-1, 2-2, …2-N. In the OFF state, the switch circuits 2-1, 2-2,…,2-N do not supply power to the antenna element and disconnect the power supply line 3 without connecting them”)”.
Claim 8: Seki discloses the antenna assembly according to claim 7.
Seki discloses (see fig. 1) “wherein at least one switching assembly (switch circuits 2-1, 2-2, …2-N) of the plurality of switching assemblies is between adjacent element groups (1-1, 1-2, …,1-N) of the plurality of element groups along the length direction or the width direction of the antenna assembly”.
Claim 9: Seki discloses the antenna assembly according to claim 1.
Seki discloses “further comprising at least one of: a transmission part (¶17, “the feed line 3 is a line connecting the antenna elements via the switch circuits, and transmits a signal input to the input/output terminal 4”); or a calibration network communicatively connected to the phase shifter”.
Claim 10: Seki discloses “A communication device (¶1, “an antenna device used in a radio communication system”), comprising: an antenna assembly, wherein the antenna assembly comprises: at least one element group (¶7, “a plurality of antennas”; fig. 1, 1-1, 1-2, …,1-N), wherein each element group of the at least one element group comprises at least one radiating element (¶7, “a plurality of antennas, each including at least one or more antenna elements”);
a switching assembly communicatively connected to the at least one element group, and being configured to control turning on or off of the at least one element group (¶16, “switch circuits 2-1, 2-2, …2-N. In the OFF state, the switch circuits 2-1, 2-2,…,2-N do not supply power to the antenna element and disconnect the power supply line 3 without connecting them”); and
a phase shifter communicatively connected to the switching assembly, and being configured to perform beamforming on the antenna assembly (¶20, “.., 7-N are phase shifters interposed and connected in the feeder line 3. These phase shifters control the amount of delay of a signal transmitted through the feed line 3 between the switch circuits”), wherein
in response to the switching assembly turning on different element groups of the at least one element group, roll angles of the antenna assembly are different (¶29, “the number of antenna elements that are simultaneously excited by the switch control signal supplied to the feed line 3 can be changed, whereby the vertical plane beam width can be made variable. Further, the excitation condition can be changed, and the vertical tilt angle can be changed)”.
Claim 11: Seki discloses the communication device according to claim 10.
Seki discloses (fig. 1) “wherein the antenna assembly comprises: a plurality of element groups, and each element group of the plurality of element groups is disposed in at least one of a length direction or a width direction of the antenna assembly (see fig. 1) (the element groups are all disposed in a length direction and a width direction of the antenna assembly)”.
Claim 16: Seki discloses the communication device according to claim 11.
Seki discloses (fig. 1) “wherein the antenna assembly comprises: a plurality of switching assemblies (switch circuits 2-1, 2-2, …2-N), and each switching assembly of the plurality of switching assemblies corresponds to the at least one element group (1-1, 1-2, …,1-N), and is configured to control turning on or off of the corresponding element group of the at least one element group (¶16, “switch circuits 2-1, 2-2, …2-N. In the OFF state, the switch circuits 2-1, 2-2,…,2-N do not supply power to the antenna element and disconnect the power supply line 3 without connecting them”)”.
Claim 17: Seki discloses the communication device according to claim 16.
Seki discloses (see fig. 1) “wherein at least one switching assembly (switch circuits 2-1, 2-2, …2-N) of the plurality of switching assemblies is between adjacent element groups (1-1, 1-2, …,1-N) of the plurality of element groups along the length direction or the width direction of the antenna assembly”.
Claim 18: Seki discloses the communication device according to claim 10.
Seki discloses “wherein the antenna assembly further comprises at least one of: a transmission part (¶17, “the feed line 3 is a line connecting the antenna elements via the switch circuits, and transmits a signal input to the input/output terminal 4”); or a calibration network communicatively connected to the phase shifter”.
Allowable Subject Matter
Claims 3-6 and 12-15 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.
The following is a statement of reasons for the indication of allowable subject matter: The pertinent prior art, as a whole, or in combination, cannot be reasonably construed as adequately teaching or suggesting the elements and features of the claimed invention(s) as arranged, disposed, or provided in the manner as claimed by the Applicant.
Regarding claims 3 and 12, Seki discloses (fig. 1) “wherein the plurality of element groups (1-1, 1-2, …, 1-N) disposed along a straight line of the length direction of a same antenna assembly form a first radiation structure”. However, Seki does not teach, or suggest, “and a plurality of first radiation structures are disposed along the width direction of the antenna assembly and separated from each other”.
Included in the allowable subject matter are claim 4 which depends on claim 3, and claim 13 which depends on claim 12.
Regarding claims 5 and 14, Seki does not teach, or suggest, wherein the plurality of element groups disposed along a straight line of the width direction of a same antenna assembly form a second radiation structure, and a plurality of second radiation structures are disposed along the length direction of the antenna assembly and separated from each other.
Included in the allowable subject matter are claim 6 which depends on claim 5, and claim 15 which depends on claim 14.
Response to Arguments
Applicant’s arguments filed 04/01/2026 (“Remarks”) with respect to the rejection of claims 1-18 have been fully considered. The Examiner recognizes the validity of the arguments regarding the rejections under 102 of claims 1-2, 7-11 and 16-18 (pp. 8-9 of Remarks), however, these rejections are maintained for the reasons given below.
Applicant argues in page 9 that “Seki does not explicitly or inherently disclose n response to the switching assembly turning on different element groups of the at least one element roll angles of the antenna assembly are different”. Examiner respectfully disagrees. Para. [0025] of the instant Specification states “the phase shifter is configured to perform beamforming on the antenna assembly. When different element groups are turned on, roll angles of the antenna assembly are different”. Seki discloses all the features of claim 1, including a phase shifter (7-1, …., 7-N) communicatively connected to the switching assembly (2-1, …., 2-N) and being configured to perform beamforming on the antenna assembly (¶20, “These phase shifters control the amount of delay of a signal transmitted through the feed line 3 between the switch circuits”). The switching assembly (2-1, …., 2-N) permits radiation from one or more antenna elements (¶25 and ¶29). Para. [0027] of Seki states “when a DC voltage V is applied to the power supply line 3 as a switch control signal, only the antenna element 1-1 connected to switch circuit 2-1 operates. On the other hand, when a DC voltage of 2V is applied to the feeder line 3, the antenna element 1-2 connected to the switch circuit 2-2 also operates in addition to the antenna element 1-1 connected to the switch circuit 2-1”. Seki therefore discloses turning on different element groups and, according to ¶25 of the instant Specification, turning on different element groups results in roll angles of the antenna assembly being different. Seki therefore teaches “wherein in response to the switching assembly turning on different element groups of the at least one element roll angles of the antenna assembly are different”.
Regarding claims 3 and 12, Applicant further argues that “Seki and Jung, as applied by the office, do not render independent claims 1 and 10 obvious”. Examiner agrees and withdraws the rejection of dependent claims 3-6 and 12-15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
IDS document Okada (JP 2006/135426A – of record) discloses (fig. 2) “An antenna assembly, comprising: at least one element group (111a-p) each comprising at least one radiating element (antenna element 111); a switching assembly (switching elements 112a-p) communicatively connected to the at least one element group (111a-p), and being configured to control turning on or off of the at least one element group; and a phase shifter (114a-p) is communicatively connected to the switching assembly (phase shifter 114 in series with the switching elements 112a-p), and being configured to perform beamforming on the antenna assembly (zenith angle is set through control of the phase of power feeding to the horizontal arrays 111a-p by the phase shifter 114), wherein in response to the switching assembly turning on different element groups of the at least one element group (the switching elements 112a-p are turned on/off … by controlling the feeding phase (phase shift amount) of each of the horizontal arrays 111a-p by the phase shifter, the zenith angle of the beam emitted from the antenna 11b is set), angles of the antenna assembly are different” (see discussion above in Response to Arguments above regarding roll angles) (claims 1 and 10). Okada also discloses (claims 2 and 11) “a plurality of element groups (111a-p), and each element group of the plurality of element groups is disposed in at least one of a length direction or a width direction of the antenna assembly”. Okada further discloses (claims 7 and 16) “a plurality of switching assemblies (112a-p), and each switching assembly of the plurality of switching assemblies corresponds to the at least one element group (111a-p), and is configured to control turning on or off of the corresponding element group of the at least one element group”, and (claims 9 and 18) “further comprising: a transmission part (actuator 131, 132)”.
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 ANNA N HAMADYK whose telephone number is (703)756-1672. The examiner can normally be reached 7:30 am - 5:00 pm.
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/ANNA N HAMADYK/Examiner, Art Unit 2845
/DIMARY S LOPEZ CRUZ/Supervisory Patent Examiner, Art Unit 2845
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