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 .
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 1-20 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.
Applicants use the phrase “wherein the at least one dual-polarized radiating element transmit/receives a first signal… at a first time moment, and/or the at least one dual-polarized radiating element transmit/receives a second signal …at a second time moment, and/or the at least one dual-polarized radiating element transmit/receives a third signal …at a third time moment” (claim 1, lines 8+). But the metes and bounds of this language are unclear, that is, the claim is constructed as alternative form (i.e., the at least one dual-polarized radiating element can transmit/receive the first, second, or third signal). However, the applicant also claims that the first time moment, the second time moment, and third time moment and relationships among time moments (claim 1, lines 15-16), in which the at least one dual-polarized radiating element transmits/receives the first, second, and third signals. Therefore, it is vague and indefinite to the examiner that how the at least one dual-polarized radiating element transmit/receives signals.
Appropriate correction and/or clarification is required.
Claims 8 and 9 are also rejected for same rationales.
Claims 2-7, 10-20 are rejected because claims are depended on rejected claims 1, 8, and 9.
Additional Remarks
The lack of an art rejection with this Office action is not an indication of allowable subject matter (i.e., even though the claims 1, 8, and 9 are rewritten or amended to overcome the rejection under 35 U.S.C. 112 as discussed above). The disclosure/claimed language is such that it is impractical to conduct a reasonable search of the prior art by the Examiner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Buckley (US 8217846), Choudhury et al. (US 2020/0335867), and Granholm et al. (US 6147648) teach dual polarization antennas.
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/SEUNG H LEE/ Primary Examiner, Art Unit 2876