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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-10 (Species I) is acknowledged.
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.
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Claims 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6-8, 10 and 13-14 of U.S. Patent No. 12,163,991. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the instant invention are merely broader in scope and encompassed by the conflicting patent claims.
Instant Invention
Patent 12,163,991
1. A waveguide module configured to interface with a printed circuit board (PCB) including a patch antenna and a ground plane, the waveguide module comprising a waveguide aperture and a repetitive structure, the waveguide aperture arranged extending through the waveguide module for attaching a waveguide to an external side of the waveguide module,
the repetitive structure comprising a plurality of protruding metal or metallized elements arranged to surround the waveguide aperture on an internal side of the waveguide module and to define a passage into the waveguide aperture on the internal side,
wherein the repetitive structure is configured to attenuate electromagnetic signal propagation in a frequency band past the repetitive structure while allowing propagation via the passage, and wherein the waveguide module, is configured to interface with a section of the printed circuit board (PCB) including the patch antenna,
wherein the patch antenna is arranged to face the passage into the waveguide aperture.
2. The waveguide module according to claim 1, wherein the repetitive structure is a pin structure comprising conducting pins arranged periodically protruding from a conducting plane comprised in the waveguide module.
3. The waveguide module according to claim 1, further comprising a waveguide flange extending in a plane perpendicular to the waveguide aperture, wherein the repetitive structure is integrally arranged with the waveguide flange.
4. The waveguide module according to claim 1, wherein the repetitive structure is configured on a separate carrier assembled with the waveguide module.
5. The waveguide module according to claim 4, wherein the separate carrier is made of a dielectric or plastic material.
6. The waveguide module according to claim 5, wherein the separate carrier is metallized.
7. The waveguide module according to claim 1, wherein the waveguide aperture is arranged to interface on the external side of the waveguide module with any one of a rectangular waveguide, an elliptical waveguide, or a circular waveguide.
8. The waveguide module according to claim 1, wherein the waveguide module comprises one or more alignment holes configured to receive respective alignment taps soldered to the PCB.
9. The waveguide module according to claim 1, comprising a plurality of waveguide apertures, wherein each waveguide aperture is arranged to interface respective patch antennas.
10. The waveguide module according to claim 1, wherein the waveguide module is arranged to interface with a section of the printed circuit board (PCB) such that radiated electromagnetic energy from the patch antenna of the PCB enters the waveguide attached to the external side of the waveguide module.
1. A microstrip to waveguide transition comprising:
a waveguide module and a printed circuit board (PCB), the waveguide module arranged to interface with the PCB,
the PCB comprising a patch antenna and a ground plane, the waveguide module comprising a waveguide aperture and a repetitive structure, the waveguide aperture arranged extending through the waveguide module for attaching a waveguide to an external side of the waveguide module, the repetitive structure comprising a plurality of protruding metal or metallized elements arranged to surround the waveguide aperture on an internal side of the waveguide module and to define a passage into the waveguide aperture on the internal side,
wherein the repetitive structure is configured to attenuate electromagnetic signal propagation in a frequency band past the repetitive structure while allowing propagation via the passage, wherein the waveguide module is arranged to interface with a section of the PCB comprising the patch antenna, and
wherein the patch antenna is arranged to face the passage into the waveguide aperture.
2. The microstrip to waveguide transition according to claim 1, wherein the repetitive structure is a pin structure comprising conducting pins arranged periodically protruding from a conducting plane comprised in the waveguide module.
3. The microstrip to waveguide transition according to claim 1, wherein the waveguide module comprises a waveguide flange extending in a plane perpendicular to the waveguide aperture, wherein the repetitive structure is integrally arranged with the waveguide flange.
6. The microstrip to waveguide transition according to claim 1, wherein the repetitive structure is configured on a separate carrier assembled with the waveguide module.
7. The microstrip to waveguide transition according to claim 6, wherein the carrier is made of a dielectric or plastic material, wherein preferably the carrier is metallized.
8. The microstrip to waveguide transition according to claim 1, wherein the waveguide aperture is arranged to interface on the external side of the waveguide module with any of; a rectangular waveguide, an elliptical waveguide, or a circular waveguide.
10. The microstrip to waveguide transition according to claim 1, wherein the waveguide module comprises one or more alignment holes configured to receive respective alignment taps soldered to the PCB.
13. The microstrip to waveguide transition according to claim 1, comprising a plurality of waveguide apertures, wherein each waveguide aperture is arranged to interface respective patch antennas.
14. The microstrip to waveguide transition according to claim 1, wherein the waveguide module, is arranged to interface with a section of printed circuit board, PCB, such that radiated electromagnetic energy from the patch antenna enters the waveguide attached to the external side of the waveguide module.
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 1-10 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.
Claim 1 reciting “wherein the repetitive structure is configured to attenuate electromagnetic signal propagation in a frequency band past the repetitive structure while allowing propagation via the passage, and wherein the waveguide module, is configured to interface with a section of the printed circuit board (PCB) including the patch antenna” are indefinite, since it’s not understood how such functionalities are obtained absent any feedline or a transmission line.
Claims 2-10 depend therefrom.
The spec. discloses, e.g., in the printed publication:
[0039] FIG. 1 schematically shows a section of PCB 110 and a waveguide module 130. The waveguide module 130 and the section of PCB are separate entities arranged to be attached to each other. A signal input on a microstrip transmission line 125 is radiated by a patch antenna 120 arranged on the PCB 110. … The patch antenna and microstrip transmission line are of course bi-directional, which means that signal input to the transmission line will be radiated from the patch, which incoming electromagnetic signals will be picked up by the patch antenna 120 and thus output on the transmission line 125.
…
[0041] The section of PCB 110 comprises a patch antenna 120 connected to a transmission line 125. The PCB is arranged to interface with a waveguide module 130 comprising a passage 145 through a repetitive structure 155 into a waveguide aperture 140. The patch antenna 120 is configured to face the passage 145 into the waveguide aperture 140.
[0042] According to the discussion above, the protruding elements 150 together with a ground plane of the PCB 110 constitute the two parts of a gap waveguide structure; the protruding elements make up the structured metal surface which is placed in close proximity to the ground plane metal surface of the PCB. … The dimensions of the protruding element and their relative configuration determine the frequency dependent attenuation properties of the repetitive structure. Here, the undesired directions are the directions leading away from the passage 145 between the patch antenna 120 and the waveguide aperture 140. Thus, the repetitive structure 155 is configured to attenuate electromagnetic signal propagation in a frequency band past the repetitive structure while allowing propagation via the passage 145.
As such, it appears that a microstrip transmission line is critical to the invention, absent which the “waveguide module” cannot operate as it’s intended purpose, which is, inter alia, attenuate electromagnetic signal propagation in a frequency band past the repetitive structure while allowing propagation via the passage.
There should be a clear recitation of interrelated structure in order to provide a complete and operable waveguide module.
The following claim, drafted by the examiner and considered to distinguish patentably over the art of record in this application, is presented to applicant for consideration:
1. (Currently Amended) A waveguide module configured to interface with a printed circuit board (PCB) including a patch antenna and a ground plane, the patch antenna connected to a microstrip transmission line, wherein the waveguide module comprising:
a waveguide aperture and a repetitive structure, the waveguide aperture arranged extending through the waveguide module for attaching a waveguide to an external side of the waveguide module, the repetitive structure comprising a plurality of protruding metal or metallized elements arranged to surround the waveguide aperture on an internal side of the waveguide module and to define a passage into the waveguide aperture on the internal side,
wherein the repetitive structure is configured to attenuate electromagnetic signal propagation in a frequency band past the repetitive structure while allowing propagation via the passage,
wherein the waveguide module[[,]] is configured to interface with a section of the and
wherein the patch antenna is arranged to face the passage into the waveguide aperture.
Allowable Subject Matter
Claims 3 and 8-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Eberhardt (US 10749263)
Yang (US 9819067)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HASAN ISLAM whose telephone number is (571)270-1719. The examiner can normally be reached Mon-Thu 9AM-7PM EST.
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/HASAN ISLAM/Primary Examiner, Art Unit 2845
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