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.
Claim 1-10 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 recites “a direction along a major axis of the opening portion of each of the second waveguide holes is defined as a major axis direction, and the major axis direction of the opening portion of one of the second waveguide holes intersects with the major axis direction of the opening portion of another of the second waveguide holes that is adjacent to the one of the second waveguide holes”. The limitation causes confusion as to what is being attempted to be claimed by ‘the major axis direction’. For example, if the major axis direction is one direction, it is unclear and indefinite how it intersects with major axis directions of each holes. If the major axis direction is somehow multiple directions, it is unclear how “a direction along a major axis of the opening portion of each of the second waveguide holes” is defined as a major axis direction, i.e., one direction of a major axis of each of the openings because there are multiple or two directions of the major axis of each of the openings. Thus the limitation is indefinite and a skilled artisan would not appropriately be able to determine the ‘metes and bounds’ of the limitation and thereby claim 1.
Claim 2, 5, 6, 7, and 8, are indefinite because they at least recite ‘major axis direction’ or related terminology regarding the major axis direction(s) which causes confusion as to what is being claimed with regard to the direction(s) as explained in the rejected claim 1 language in this section under 35 U.S.C. 112(b).
Claim 3-4 and 10 are rejected as being dependent on a rejected claim in this section under 35 U.S.C. 112(b).
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.
Claim(s) 1-4 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20090206961 A1 (hereinafter “Fujita”).
Claim 1: Fujita teaches a waveguide to be applied to a package that includes launchers for transmitting and receiving electromagnetic waves (e.g., see Para. 39), comprising: a first waveguide section (e.g., see 3 in FIGS. 3-4, see 7 in FIGS. 10-11) having first waveguide holes (e.g., see 31a-31c, 71a-c, 4a-4c) that are configured to propagate the electromagnetic waves transmitted and received by the launchers (e.g., see Para. 79); and a second waveguide section (e.g., see 2 in FIGS. 3-4, see 6 in FIGS. 10-11) having second waveguide holes (e.g., see 21a-c, see 61a-c) that open to face the first waveguide holes, respectively, a number of the second waveguide holes being equal to a number of the first waveguide holes, wherein the second waveguide section is disposed with a predetermined gap (e.g., see FIGS. 1, 6B, 9B, 9C, see Para. 46, 63-64, 67-68, 84) between the second waveguide section and the first waveguide section, each of the second waveguide holes has an opening portion of an elongated hole shape that opens on a facing surface of the second waveguide section that faces the first waveguide section (e.g., as shown), a direction along a major axis of the opening portion of each of the second waveguide holes is defined as a major axis direction, and the major axis direction of the opening portion of one of the second waveguide holes intersects with the major axis direction of the opening portion of another of the second waveguide holes that is adjacent to the one of the second waveguide holes (e.g., as best understood, the major axis of 21b in FIG. 3 is perpendicular to and intersects the major axis direction of adjacent 21a or 21c).
Claim 2: Fujita teaches the waveguide according to claim 1, wherein among the second waveguide holes, adjacent second waveguide holes whose opening portions are adjacent to each other with an interval of a predetermined value or less are arranged such that the major axis directions of the opening portions of the adjacent second waveguide holes intersect with each other (e.g., as best understood, the major axis of 21b in FIG. 3 is perpendicular to and intersects the major axis direction of adjacent 21a or 21c).
Claim 3: Fujita teaches the waveguide according to claim 2, wherein the second waveguide section has a choke groove (e.g., see 23a-c in FIGS. 3-4, see 63a-c in FIGS. 10-11) between the opening portions of the adjacent second waveguide holes that are adjacent to each other with the interval of the predetermined value or less.
Claim 4: Fujita teaches the waveguide according to claim 3, wherein the choke groove is disposed around the opening portion of each of the adjacent second waveguide holes so as to extend along the major axis direction of the opening portion (as best understood, e.g., as shown in FIGS. 3-4 and 10-11).
Claim 8: Fujita teaches the waveguide according to claim 1, wherein the opening portion of each of the second waveguide holes has a pair of major axis sides extending in the major axis direction, a first minor axis side connecting ends of the pair of major axis sides, and a second minor axis side connecting other ends of the pair of major axis sides (e.g., the opening portions having four sides), among regions of the facing surface surrounding the opening portion of each of the second waveguide holes, a region connected to one of the pair of major axis sides in a minor axis direction of the opening portion is defined as a first peripheral region, a region connected to another of the pair of major axis sides in the minor axis direction is defined as a second peripheral region, a region connected to the first minor axis side in the major axis direction is defined as a third peripheral region, and a region connected to the second minor axis side in the major axis direction is defined as a fourth peripheral region, and the opening portion of each of the second waveguide holes is arranged on the facing surface so that one to three of the first peripheral region, the second peripheral region, the third peripheral region, and the fourth peripheral region are non-opening regions where the opening portions of the second waveguide holes are not arranged (e.g., wherein the four sides of the openings have four regions which are not openings on the surface of 2, 6).
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.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujita.
Claim 9-10: Fujita teaches the waveguide according to claim 1, wherein the first waveguide section is disposed on a circuit, and the electromagnetic waves transmitted and received by the launchers propagate through the first waveguide holes and the second waveguide holes (e.g., see Para. 79-80).
Fujita does not explicitly state that the circuit is a package and/or the first waveguide section constitutes part of a package.
However the Examiner takes Official / Judicial Notice that a package is ‘old and well-known’ in the art, for use with waveguide and/or incorporating a waveguide to transmit / receive electromagnetic waves.
Before the effective filing date of the invention, it would have been obvious to a skilled artisan to utilize a package for the waveguide section such that the first waveguide section is disposed on the package and/or forms part of the package in order to further utilize the conductive parts of the waveguide for further structural reinforcement or for cooling of the package circuit thereby providing an integral, compact transmission or reception solution.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujita in view of US 20240154300 A1 (hereinafter “Shivamurthy”).
Claim 5: Fujita does not explicitly teach the waveguide according to claim 2, wherein among the second waveguide holes, three second waveguide holes are arranged in a predetermined direction to form a waveguide hole row, and in the waveguide hole row, the major axis directions of the opening portions of the second waveguide holes located at both ends intersect with the major axis direction of the opening portion of the second waveguide hole located between the opening portions of the second waveguide holes located at both ends.
However Shivamurthy teaches a waveguide wherein among waveguide holes, three waveguide holes are arranged in a predetermined direction to form a waveguide hole row (e.g., see row of holes 114 in FIG. 2), and in the waveguide hole row, the major axis directions of the opening portions of the waveguide holes located at both ends intersect with the major axis direction of the opening portion of the waveguide hole located between the opening portions of the waveguide holes located at both ends (e.g., as shown in FIG. 2 for any three of the waveguide holes).
Before the effective filing date of the invention, it would have been obvious to a skilled artisan to arrange the second waveguide holes of Fujita wherein among the second waveguide holes, three second waveguide holes are arranged in a predetermined direction to form a waveguide hole row, and in the waveguide hole row, the major axis directions of the opening portions of the second waveguide holes located at both ends intersect with the major axis direction of the opening portion of the second waveguide hole located between the opening portions of the second waveguide holes located at both ends as taught by Shivamurthy in order to form additional waveguide launchers to form an array while reducing the interference between waveguide holes to allow for a most cost effective solution while increasing the number of waveguides (e.g., see Para. 57-59 of Shivamurthy).
Claim 6: Fujita does not explicitly teach the waveguide according to claim 2, wherein among the second waveguide holes, four or more second waveguide holes are arranged in a predetermined direction to from a waveguide hole row, and in the waveguide hole row, the adjacent second waveguide holes that are adjacent to each other in the predetermined direction are arranged such that the major axis directions of the opening portions intersect with each other.
However Shivamurthy teaches a waveguide wherein among the waveguide holes, four or more second waveguide holes are arranged in a predetermined direction to from a waveguide hole row (e.g., see row of holes 114 in FIG. 2), and in the waveguide hole row, the adjacent second waveguide holes that are adjacent to each other in the predetermined direction are arranged such that the major axis directions of the opening portions intersect with each other (e.g., as shown in FIG. 2 for four waveguide holes).
Before the effective filing date of the invention, it would have been obvious to a skilled artisan to arrange the second waveguide holes of Fujita wherein among the second waveguide holes, four or more second waveguide holes are arranged in a predetermined direction to from a waveguide hole row, and in the waveguide hole row, the adjacent second waveguide holes that are adjacent to each other in the predetermined direction are arranged such that the major axis directions of the opening portions intersect with each other as taught by Shivamurthy in order to form additional waveguide launchers to form an array while reducing the interference between waveguide holes to allow for a most cost effective solution while increasing the number of waveguides (e.g., see Para. 57-59 of Shivamurthy).
Allowable Subject Matter
The subject matter of Claim 7 may 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
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/AMAL PATEL/ Primary Examiner, Art Unit 2845