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 5 and 9 is 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.
Specifically, in claim 5, the phrase “the equivalent thickness as the distance T.” is unclear because ‘the distance T’ lacks antecedent basis in the claims. Appropriate correction is required.
Specifically, in claim 9, the phrase “wherein x is equal to or greater than 0.02 and less than 0.34” is unclear because x lacks antecedent basis in the claims. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4, 6-7, and 10 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Sievenpiper et al. (US 6,552,696).
Regarding claim 1, Sievenpiper discloses a reflecting device (Figs. 5a-5b), comprising: a patch electrode (22; Column 4, Lines 31-54); a common electrode (12; Column 4, Lines 31-54); a liquid crystal layer sandwiched between the patch electrode and the common electrode (20; Column 4, Lines 31-54); and a metal film arranged on the opposite side of the common electrode from the side of the liquid crystal layer (14; Column 4, Lines 55-60), wherein the metal film is spaced apart from the common electrode, and the patch electrode is arranged to overlap the metal film (Figs. 5a & 5b, 12 & 22 & 14).
Regarding claim 4, Sievenpiper further discloses wherein the common electrode is applied with a ground potential, and the metal film is in a floating state (Column 7, Lines 10-35).
Regarding claim 6, Sievenpiper further discloses wherein the liquid crystal layer is sandwiched between the patch electrode and the common electrode (Figs. 5a & 5b, 12 & 22 & 20).
Regarding claim 7, Sievenpiper discloses a reflecting device (Figs. 5a-5b) comprising, a patch electrode (22; Column 4, Lines 31-54); a common electrode (12; Column 4, Lines 31-54); a liquid crystal layer sandwiched between the patch electrode and the common electrode (20; Column 4, Lines 31-54); a first substrate (24; Column 4, Lines 55-67); and a metal film on the first substrate, wherein the metal film is arranged on a side of the common electrode facing the patch electrode, and the patch electrode is arranged to overlap the metal film (14; Column 6, Lines 55-67).
Regarding claim 10, Sievenpiper further discloses wherein the common electrode is applied with a ground potential, and the metal film is in a floating state (Column 7, Lines 10-35).
Allowable Subject Matter
Claims 2-3, 8, and 11 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.
Specifically, in claim 2, the prior art of record fails to teach or disclose the requirement wherein x is the value obtained by multiplying a distance T between the common electrode and the metal film by the wavelength λ of the radio wave irradiated to the patch electrode, and x is equal to or greater than 0.02 and less than or equal to 0.34.
Claim 3 is objected to based on its dependence from claim 2.
Specifically, in claim 8, the prior art of record fails to teach or disclose the requirement wherein x is the value obtained by multiplying a distance T between the common electrode and the metal film by the wavelength λ of the radio wave irradiated to the patch electrode, and x is equal to or greater than 0.02 and less than or equal to 0.34.
Claim 11 is objected to based on its dependence from claim 8.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNE M HINES whose telephone number is (571)272-2285. The examiner can normally be reached on M-F: 8:00-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Greece, can be reached on 571-272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Anne M Hines/
Primary Examiner
Art Unit 2879
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