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 .
Allowable Subject Matter
Claims 1-7 and 15-20 are allowed.
The following is an examiner's statement of reasons for allowance:
Regarding independent claims 1 and 15, Morton teaches an antenna apparatus and a communication device (46) comprising the antenna apparatus “(48/234/450) (fig. 5, 8, 16, page par [0070]) comprising: an antenna (48/234/450) comprising: a first switch (236) (fig. 8); a second switch (238) (fig. 8, page par [0055]) (see switching elements 236 and 238); a first radiator section (250) (fig. 10); a second radiator section (252) coupled to the first radiator section (250) to form a junction (256) (fig. 10, page par [0057]). And Boyle teaches an antenna arrangement comprises a patch conductor (102) supported substantially parallel to a ground plane (104), and the patch conductor includes first (106) and second (108), and the antenna arrangement operates in a plurality of modes, and the antenna may follow different routes, thereby providing different modes of operation. The modes may have different resonant frequencies and/or different impedances. The impedances may include short and open circuits, which may be provided by switches (page 1, par [0007-0008]). And Boyle also teaches working mode of the antenna between a common mode and a differential mode (fig. 2, page 2, par [0026-0027, 0039-0040]).
The above prior art of record, however, fail to disclose or render obvious: a third radiator section that comprises a first side and a second side, is coupled to the junction, and is grounded; a fourth radiator section disposed on the first side and grounded by the first switch; and a fifth radiator section disposed on the second side and grounded by the second switch, wherein the third radiator section, the fourth radiator section, and the fifth radiator section are distributed on a same side of the first radiator section and the second radiator section and extend at an included angle from the first radiator section and the second radiator section; and a feed source electrically coupled to the fourth radiator section and configured to feed the antenna” (Non-Final Office action for 17/641380 dated 04/08/2024), as specified in the claims 1 and 15.
Claims 2-7 and 16-20 depend on claims 1 and 15 and inherit all the limitations of claims 1 and 15; therefore, claims 2-7 and 16-20 are allowed for the same reasons as set forth above.
Claim 11 is 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.
Regarding claim 11, Nysen discloses taking into consideration a signal strength of the received signal when considering antenna pattern selection that correspond to a differential mode and a common mode, respectively (pars. [0006]-[0009]); however, Morton and Nysen fail to disclose, alone or in combination, the limitations that read, “wherein the working mode switching signal comprises a common-mode switching signal and a differential- mode switching signal, and wherein the antenna pattern reconstruction method further comprises: when the common-mode received signal strength is greater than the differential-mode received signal strength: selecting, by the antenna apparatus controller, the common mode; and transmitting, by the controller, the common-mode switching signal; and when the common-mode received signal strength is less than the differential-mode received signal strength: selecting, by the antenna apparatus controller, the differential mode; and transmitting, by the controller, the differential-mode switching signal”, including all the limitations of independent claim 8 and any intervening claims.
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 1-7 and 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 and 15-20 of U.S. Patent No. 12,149,277. Although the claims at issue are not identical, they are not patentably distinct from each other because the additional limitations are clarifying limitations that do not change the scope of the invention.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-14 of U.S. Patent No. 12,149,277 in view of Nysen. The additional limitations are obvious variations of claims 1-20 of U.S. Patent No. 12,149,277.
Claims 8- are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8- of U.S. Patent No. 12,149,277. Although the claims at issue are not identical, they are not patentably distinct from each other because the current application is broader.
Regarding claim 1, U.S. Patent No. 12,149,277 discloses in claim 1, an antenna apparatus comprising:
an antenna comprising:
a first switch;
a second switch, wherein the first switch and the second switch are configured to switch an antenna pattern of the antenna apparatus when covering a same band;
a first radiator section;
a second radiator section coupled to the first radiator section to form a junction;
a third radiator section comprising a first side and a second side, coupled to the junction, and configured to be grounded;
a fourth radiator section disposed on the first side and configured to be grounded by the first switch; and
a fifth radiator section disposed on the second side and configured to be grounded by the second switch,
wherein the third radiator section, the fourth radiator section, and the fifth radiator section are distributed on a same side of the first radiator section and the second radiator section and extend at an included angle from the first radiator section and the second radiator section; and
coupled to the fourth a feed source electrically radiator section and configured to feed the antenna.
U.S. Patent No. 12,149,277 does not specifically disclose in claim 1, where the switches are controlled, to switch an antenna pattern of the antenna when covering a same band.
Nysen discloses where the switches are controlled, to switch an antenna pattern of the antenna when covering a same band (Fig. 1A and col. 5, lines 34-62, where the antenna pattern is switched when transmitting and receiving when using a common channel, e.g., using the same frequency band).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Nysen’s teachings where the switches are controlled, to switch an antenna pattern of the antenna when covering a same band with the limitations disclosed in claim 1 of U.S. Patent No. 12,149,277 because one of ordinary skill in the art would have recognized that it is known that dual antennas can receive and transmit on two independent channels or polarizations within the same band; therefore, switching antennas by utilizing polarization diversity or spatial multiplexing techniques, would improve performance and reliability in changing or challenging environments.
Claim 2 in the present application corresponds to claim 2 in U.S. Patent No. 12,149,277.
Claim 3 in the present application corresponds to claim 3 in U.S. Patent No. 12,149,277.
Claim 4 in the present application corresponds to claim 4 in U.S. Patent No. 12,149,277.
Claim 5 in the present application corresponds to claim 5 in U.S. Patent No. 12,149,277.
Claim 6 in the present application corresponds to claim 6 in U.S. Patent No. 12,149,277.
Claim 7 in the present application corresponds to claim 7 in U.S. Patent No. 12,149,277.
Regarding claim 8, U.S. Patent No. 12,149,277 discloses in claims 8 and 12, an antenna pattern reconstruction method comprising:
receiving, by an antenna of an antenna apparatus, a communication signal;
feeding back, by the antenna, the communication signal to a controller of the antenna apparatus; and
controlling, by a controller of the antenna apparatus and based on the communication signal, a first switch of the antenna and a second switch of the antenna, to switch an antenna pattern of the antenna.
U.S. Patent No. 12,149,277 does not specifically disclose in claims 8 and 12 where the switching is done when covering a same band.
where the switches are controlled, to switch an antenna pattern of the antenna when covering a same band.
Nysen discloses where the switching is done when covering a same band (Fig. 1A and col. 5, lines 34-62, where the antenna pattern is switched when transmitting and receiving when using a common channel, e.g., using the same frequency band).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Nysen’s teachings where the switching is done when covering a same band with the limitations disclosed in claims 8 and 12 of U.S. Patent No. 12,149,277 because one of ordinary skill in the art would have recognized that it is known that dual antennas can receive and transmit on two independent channels or polarizations within the same band; therefore, switching antennas by utilizing polarization diversity or spatial multiplexing techniques, would improve performance and reliability in changing or challenging environments.
Claim 9 in the present application corresponds to claim 9 in U.S. Patent No. 12,149,277.
Claim 10 in the present application corresponds to claim 10 in U.S. Patent No. 12,149,277.
Claim 11 in the present application corresponds to claim 11 in U.S. Patent No. 12,149,277.
Claim 12 in the present application corresponds to claim 12 in U.S. Patent No. 12,149,277.
Claim 13 in the present application corresponds to claim 13 in U.S. Patent No. 12,149,277.
Claim 14 in the present application corresponds to claim 14 in U.S. Patent No. 12,149,277.
Regarding claim 15, U.S. Patent No. 12,149,277 discloses in claim 15, a communication device comprising:
an antenna comprising:
a first switch;
a second switch, wherein the first switch and the second switch are configured to switch an antenna pattern of the antenna when covering a same band;
a first radiator section;
a second radiator section coupled to the first radiator section to form a junction;
a third radiator section comprising that comprises a first side and a second side, coupled to the junction, and configured to be grounded;
a fourth radiator section disposed on the first side and configured to be grounded by the first switch; and
a fifth radiator section disposed on the second side and configured to be grounded by the second switch,
wherein the third radiator section, the fourth radiator section, and the fifth radiator section are distributed on a same side of the first radiator section and the second radiator section and extend at an included angle from the first radiator section and the second radiator section; and
a circuit board comprising a feed source disposed on the circuit board, wherein the feed source is electrically coupled to the fourth radiator section to feed the antenna, and wherein the first switch and the second switch are disposed on the circuit board.
U.S. Patent No. 12,149,277 does not specifically disclose in claim 1, where the switches are controlled, to switch an antenna pattern of the antenna when covering a same band.
Nysen discloses where the switches are controlled, to switch an antenna pattern of the antenna when covering a same band (Fig. 1A and col. 5, lines 34-62, where the antenna pattern is switched when transmitting and receiving when using a common channel, e.g., using the same frequency band).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Nysen’s teachings where the switches are controlled, to switch an antenna pattern of the antenna when covering a same band with the limitations disclosed in claim 1 of U.S. Patent No. 12,149,277 because one of ordinary skill in the art would have recognized that it is known that dual antennas can receive and transmit on two independent channels or polarizations within the same band; therefore, switching antennas by utilizing polarization diversity or spatial multiplexing techniques, would improve performance and reliability in changing or challenging environments.
Claim 16 in the present application corresponds to claim 16 in U.S. Patent No. 12,149,277.
Claim 17 in the present application corresponds to claim 17 in U.S. Patent No. 12,149,277.
Claim 18 in the present application corresponds to claim 18 in U.S. Patent No. 12,149,277.
Claim 19 in the present application corresponds to claim 19 in U.S. Patent No. 12,149,277.
Claim 20 in the present application corresponds to claim 20 in U.S. Patent No. 12,149,277.
Claim Rejections - 35 USC § 103
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 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 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 8-10, 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 2007/0224949 (Morton et al., hereinafter Morton) in view of US 2009/0224984 A1 (Nysen et al., hereinafter Nysen).
Regarding claim 8, Morton discloses an antenna pattern reconstruction method (48/234/450) (fig. 5, 8, 16, page 1, 6, par [0013], [0024] and [0070], smart array antenna dynamically changes its antenna pattern to adjust to time and radiation beam patterns, and selects the pattern providing the greatest signal enhancement or interference reduction) comprising:
receiving, by an antenna of an antenna apparatus (48/234/450), a communication signal (figs. 5, 8 and 16; pars. [0013-0015], the signals produced at each array element are combined to produce the received signal, and element responsive to the electromagnetic signal for producing a received signal);
feeding back, by the antenna (450), the communication signal to a controller (56) of the antenna apparatus (450) (figs. 2, 4, 6, 8, 10 and 16; page 1, 5, pars. [0008], [0010], [0013]-[0014], [0055] and [0057], the signal processor 40 can process one received signal from a single selected radiator 1 to N or a combination of received signals from a plurality of the radiators 1 to N); and
controlling, by a controller of the antenna apparatus (56, 64) (fig. 4-5, 16), and based on the communication signal (figs. 14-16; pars. [0014], [0043], [0069] and [0071], controlling the switchable radiators to increase the signal distance increases the signal processing gain of the communications device, and a controller for configuring one or more of the structural elements a signal processor responsive to at least one of the first and the second received signals for determining the information signal).
a first switch (236) of the antenna and a second switch (238) of the antenna (450/234) (figs. 8, 16; pars. [0055], [0069]-[0070], switching elements 236 and 238, and a radiator 234 having a controllable configuration that can be altered according to a control signal for use with the extended smart antenna system 48, and smart antenna system 450 comprising four antenna elements 450A, 450B, 450C and 450D, each permitting the antenna to radiate in one of four directions responsive to one of four states of a switch 454).
Morton does not specifically disclose where the switches are controlled, to switch an antenna pattern of the antenna when covering a same band.
In related art concerning multi-modal RF diversity antenna, Nysen discloses where the switches are controlled, to switch an antenna pattern of the antenna when covering a same band (Fig. 1A and col. 5, lines 34-62, where the antenna pattern is switched when transmitting and receiving when using a common channel, e.g., using the same frequency band).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Nysen’s teachings where the switches are controlled, to switch an antenna pattern of the antenna when covering a same band with the extended smart antenna system disclosed by Morton because one of ordinary skill in the art would have recognized that it is known that dual antennas can receive and transmit on two independent channels or polarizations within the same band; therefore, switching antennas by utilizing polarization diversity or spatial multiplexing techniques, would improve performance and reliability in changing or challenging environments.
Regarding claim 9, Morton and Nysen disclose all the limitations of claim 8. Morton discloses switching, through the first switch and the second switch (figs. 8, 16; pars. [0055], [0069]-[0070], “switching elements 236 and 238, and a radiator 234 having a controllable configuration that can be altered according to a control signal for use with the extended smart antenna system 48…”).
However, Morton does not specifically disclose based on a working mode switching signal, a working mode of the antenna between a common mode and a differential mode.
Nysen discloses based on a working mode switching signal, a working mode of the antenna between a common mode and a differential mode (par. [0008], “switch from the main signal path to the diversity signal path, depending on which path offers the better signal reception…”; par. [0009], “antenna being configured for driving in a differential mode… driving in a common mode”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Nysen’s teachings where based on a working mode switching signal, a working mode of the antenna between a common mode and a differential mode with the extended smart antenna system disclosed by Morton because one of ordinary skill in the art would have recognized that it is known that “switch from the main signal path to the diversity signal path, depending on which path offers the better signal reception…” (Nysen, par. [0008]).
Regarding claim 10, Morton and Nysen disclose all the limitations of claim 9.
Morton does not specifically disclose by the controller after receiving the communication signal, a common-mode received signal strength of the antenna in the common mode and a differential-mode received signal strength of the antenna in the differential mode; comparing, by the controller, the common-mode received signal strength and the differential-mode received signal strength to obtain a comparison result; and obtaining, by the controller and based on the comparison result, the working mode switching signal.
Nysen discloses identifying, by the controller after receiving the communication signal, a common-mode received signal strength of the antenna in the common mode and a differential-mode received signal strength of the antenna in the differential mode; comparing, by the controller, the common-mode received signal strength and the differential-mode received signal strength to obtain a comparison result; and obtaining, by the controller and based on the comparison result, the working mode switching signal (pars. [0006], [0008]-[0009], “During a fade, the signal strength is degraded to the point that long error bursts occur in the received signal, degrading the overall received radio throughput, among other degradations. Diversity helps alleviate this problem by having two antennas separated in space and/or polarization…”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Nysen’s teachings where by the controller after receiving the communication signal, a common-mode received signal strength of the antenna in the common mode and a differential-mode received signal strength of the antenna in the differential mode; comparing, by the controller, the common-mode received signal strength and the differential-mode received signal strength to obtain a comparison result; and obtaining, by the controller and based on the comparison result, the working mode switching signal with the extended smart antenna system disclosed by Morton because one of ordinary skill in the art would have recognized that it is known that “switch from the main signal path to the diversity signal path, depending on which path offers the better signal reception…” (Nysen, par. [0008]).
Regarding claim 12, Morton and Nysen disclose all the limitations of claim 9.
Morton does not specifically disclose producing, by the antenna, a first pattern when the antenna uses the common mode; and producing, by the antenna, a second pattern when the antenna uses the differential mode, wherein the first pattern and the second pattern are spatially orthogonal and complementary.
Nysen discloses producing, by the antenna, a first pattern when the antenna uses the common mode; and producing, by the antenna, a second pattern when the antenna uses the differential mode, wherein the first pattern and the second pattern are spatially orthogonal and complementary (pars. [0006]-[0009], “be spatially separated and/or use orthogonal or other dissimilar polarizations”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use Nysen’s teachings about producing, by the antenna, a first pattern when the antenna uses the common mode; and producing, by the antenna, a second pattern when the antenna uses the differential mode, wherein the first pattern and the second pattern are spatially orthogonal and complementary with the extended smart antenna system disclosed by Morton because one of ordinary skill in the art would have recognized that it is known that “switch from the main signal path to the diversity signal path, depending on which path offers the better signal reception…” (Nysen, par. [0008]).
Regarding claim 13, Morton and Nysen disclose all the limitations of claim 8.
Morton further discloses controlling, by the controller and based on the communication signal, the first switch and the second switch to implement frequency tuning (pars. [0008], [0052], “multi-band resonance” reads on tuning).
Regarding claim 14, Morton and Nysen disclose all the limitations of claim 8. Morton further discloses feeding back, by the antenna apparatus, the communication signal to the controller at every interval of a fixed time (figs. 2, 4, 6, 8, 10 and 16; page 1, 5, pars. [0008], [0010], [0013]-[0014], [0055] and [0057], the signal processor 40 can process one received signal from a single selected radiator 1 to N or a combination of received signals from a plurality of the radiators 1 to N; where antenna receivers respond to cycles of the receiving signals).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2002/0126052 A1 relates to antenna arrangement for electronic device.
US 2009/0121947 A1 relates to antenna configuration for compact device wireless communication.
US 2014/0269862 A1 relates to wireless antenna system.
US 9531086 B1 relates to dynamic phased array tapering without phase recalibration.
US 9014066 B1 relates to transmit and receive antenna patterns calibration for TDD systems.
US 20100253587 A1 relates to antenna for reception of satellite radio signals emitted circularly, in a direction of rotation of the polarization.
US 6658265 B1 relates to matching network for a dual mode RF amplifier.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Angelica Perez whose telephone number is 571-272-7885. The examiner can normally be reached on Monday-Friday from 8:00 a.m. to 4:00 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Yuwen (Kevin) Pan can be reached at (571) 272-7855. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and for After Final communications.
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/Angelica M. Perez/
Patent Examiner AU 2649
