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 .
This communication is in response to amendments filed on 06/12/2026.
In the application claims 1, 3-12, and 14-20 are pending. Claims 2 and 13 have been canceled.
Applicant’s arguments with respect to 35 USC 103 rejections were fully considered. The arguments with respect to the newly amended limitation of the independent claims are moot in view of the new grounds of rejections. The arguments with respect to Official Notice of the dependent claim 6 are moot in view of the cited reference.
Applicant’s arguments with respect to, “Tuttle does not disclose an interrogate-and-receive-reply operation through a single passive structure as recited in amended independent claim 1” were fully considered. However, the arguments are not persuasive. Applicant argues, “In rejecting claim 1 over Tuttle, the Office Action relies on three separate passages of Tuttle to map the bidirectional operation recited in claim 1. Paragraph [0014] of Tuttle describes an outside-to-inside path, in which a signal is emitted from external communication device 30, received by antenna 24, re-radiated from antenna 22, and received by internal communication device 40. Separately, paragraph [0022] of Tuttle describes the reverse, inside-to-outside path, in which a signal is emitted from an internal communication device 40a, received by first antenna 22, re-radiated by second antenna 24, and received by an external communication device 30a. Paragraph [0021] of Tuttle describes, in still another embodiment, an RFID tag that responds to commands with a backscattered reply.” Examiner respectfully disagrees. First, Examiner was unable to find the claimed limitation, “an interrogate-and-receive-reply operation through a single passive structure” argued by the Applicant.
With respect to the limitation, wherein the external antenna (24) is configured to convey an RF identification (RFID) signal from an RFID reader (30) positioned outside the metal enclosure through the coupler to the internal antenna (22), Tuttle teaches, “Utilizing the embodiment of the invention shown in FIG. 1, methodology of the invention can be performed by emitting an RF signal from a first location, re-radiating the RF signal through the passive antenna and receiving the re-radiated signal at a second location. Specifically, as shown in FIG. 1, an RF signal may be emitted from a transmitter comprised by external communication device 30 via active antenna 32. The signal can be radiated to be received by antenna 24. Such signal can then be re-radiated from antenna 22 and the re-radiated signal can be received by a receiver comprised by internal communication device 40 via active antenna 42.” See ¶ 0014. wherein the internal antenna is configured to reradiate the RFID signal to an RFID tag inside the metal enclosure, receive a return RFID signal from the RFID tag, and couple the return RFID signal to the external antenna.”
With respect to the limitation, wherein the internal antenna (22) is configured to reradiate the RFID signal to an RFID tag (40) inside the metal enclosure (12), See Tuttle ¶ 0014, receive a return RFID signal from the RFID tag, Tuttle teaches, “the device 40 is an RFID tag that includes (see FIG. 4) a processor 48, and a transceiver 50 coupled to the processor 48. In these embodiments, the device 30 is a reader. The RFID tag responds to commands issued by the reader and received by the transceiver 50. The processor 48 processes received commands and the processor 48 causes the transceiver 50 to transmit a reply. In some embodiments, the reply is backscattered.” See ¶ 0021.
With respect to the limitation, couple the return RFID signal to the external antenna, “RF signal is emitted from an internal communication device 40a via an active antenna 42a. The initial RF signal is received by first antenna 22 and is re-radiated by second antenna 24. The re-radiated signal is received by an external communication device 30a by way of active antenna 32a. Accordingly, the passive radiator systems of the invention may be utilized either for receiving a signal emitted from within the container and re-radiating the signal to a receiver located external to the container, or alternatively may receive an external signal and re-radiate the signal to a monitoring device within container 12.” See ¶ 0022.
All of the above is a single structure, Tuttle is merely explaining communication with active and passive RFID tags. Tuttle explicitly anticipates, the passive radiator systems of the invention may be utilized either for receiving a signal emitted from within the container and re-radiating the signal to a receiver located external to the container, or alternatively may receive an external signal and re-radiate the signal to a monitoring device within container 12” See ¶ 0022; therefore, the claimed concept has been anticipated by Tuttle, therefore, there is no impermissible hindsight.
Applicant further argues, “the Office Action does not articulate a reason to combine Tuttle's separate embodiments… does not supply an articulated reason explaining why one of ordinary skill would combine the backscatter-tag embodiment of paragraph [0021] with the reverse-direction embodiment of paragraph [0022] to arrive at the single bidirectional passive structure recited in amended claim 1. The statement restates the elements of the claimed operation and merely concludes that the result would follow. Where, as here, the rejection relies on combining different embodiments of a single reference, the Office must still explain why one of ordinary skill would have been led to make that combination. The Office Action's statement that the reader could ‘effectively receive a response back from the tag’ describes a desired result, not the rational underpinning required to arrive at the specific passive interrogate-and-receive-reply structure recited in amended independent claim 1.” Examiner respectfully disagrees. Tuttle’s system does not need an active RFID signal to re-radiate the signal internally, Tuttle may “the passive radiator systems of the invention may be utilized either for receiving … an external signal and re-radiate the signal to a monitoring device within container 12.” As explicitly suggesting in ¶ 0022, in an effort to re-radiate the RF signal from any type of tags (passive or active) since Tuttle anticipate that RFID tags can be either passive ¶ 0018, or active ¶ 0020.
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) 1, 2,4, 7-8, 12-13, 15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 2008/0191961 A1), and further in view of Ehninger (US 2017/0360505 A1).
Consider claim 1, Tuttle teaches, a passive antenna system (20) for reading radio frequency tags (40) inside a metal enclosure (12) (“metal-walled shipping container 12”), Tuttle teaches, “shipping container has a passive radio antenna element having internal and external antennas. A connector spanning the wall joins the two antennas. An internal communications device is disposed within the container and an external communications device is disposed external to the container” See Abstract and claim 1; Fig. 1 and See ¶ 0009 - 0014) the passive antenna system (20) comprising:
an external antenna (24) disposed outside a metal enclosure (12), Tuttle teaches, “a second antenna 24 disposed proximate exterior wall surface 18.” See ¶ 0012;
an internal antenna (22) disposed inside the metal enclosure (12), Tuttle teaches, “a first antenna 22 disposed proximate interior wall surface 16” See ¶ 0012;
a coupler (“connector 26”) between the external antenna and the internal antenna, Tuttle teaches, “[a] connector 26 may span wall 14 through opening 19 to connect first antenna 22 with second antenna 24.” See ¶ 0012, Tuttle teaches, “connector 26 can be configured to have at least one coax connector 27. In particular instances, connector 26 will have a coaxial connector at each end” See ¶ 0023,
the coupler configured to convey radio frequency (RF) signals between the external antenna and the internal antenna, Tuttle teaches, “an RF signal may be emitted from a transmitter comprised by external communication device 30 via active antenna 32. The signal can be radiated to be received by antenna 24. Such signal can then be re-radiated from antenna 22 and the re-radiated signal can be received by a receiver comprised by internal communication device 40 via active antenna 42.” See ¶ 0014 and Fig. 1 and 2;
wherein the external antenna (24) is configured to convey an RF identification (RFID) signal from an RFID reader (30) positioned outside the metal enclosure through the coupler to the internal antenna (22), Tuttle teaches, “Utilizing the embodiment of the invention shown in FIG. 1, methodology of the invention can be performed by emitting an RF signal from a first location, re-radiating the RF signal through the passive antenna and receiving the re-radiated signal at a second location. Specifically, as shown in FIG. 1, an RF signal may be emitted from a transmitter comprised by external communication device 30 via active antenna 32. The signal can be radiated to be received by antenna 24. Such signal can then be re-radiated from antenna 22 and the re-radiated signal can be received by a receiver comprised by internal communication device 40 via active antenna 42.” See ¶ 0014; and
wherein the internal antenna (22) is configured to reradiate the RFID signal to an RFID tag (40) inside the metal enclosure (12), See Tuttle ¶ 0014.
receive a return RFID signal from the RFID tag, Tuttle teaches, “the device 40 is an RFID tag that includes (see FIG. 4) a processor 48, and a transceiver 50 coupled to the processor 48. In these embodiments, the device 30 is a reader. The RFID tag responds to commands issued by the reader and received by the transceiver 50. The processor 48 processes received commands and the processor 48 causes the transceiver 50 to transmit a reply. In some embodiments, the reply is backscattered.” See ¶ 0021;
and couple the return RFID signal to the external antenna, “RF signal is emitted from an internal communication device 40a via an active antenna 42a. The initial RF signal is received by first antenna 22 and is re-radiated by second antenna 24. The re-radiated signal is received by an external communication device 30a by way of active antenna 32a. Accordingly, the passive radiator systems of the invention may be utilized either for receiving a signal emitted from within the container and re-radiating the signal to a receiver located external to the container, or alternatively may receive an external signal and re-radiate the signal to a monitoring device within container 12.” See ¶ 0022.
With respect to, the coupler including an insulator disposed on the coupler, the insulator including a thermally insulating material selected to withstand a temperature range associated with medical instrument sterilization, Tuttle teaches, “the connector 26 is insulated relative to the wall 14 to avoid electrical coupling with the wall 14” See ¶ 0015; nonetheless, in an analogous art, Ehninger teaches, “an electrosurgical procedure where transponder detection is desired, a return electrode will be positioned on top of a transponder detection unit (e.g., mat or pad), both of which are positioned upon a table, chair, or other patient support structure” See ¶ 0012, Ehninger teaches, “a mat-based transponder detection unit 200. As shown, the illustrated embodiment includes a base layer 202 formed from an electrically insulative material.” See ¶ 0035, Ehninger teaches, “also includes a number of intermediate layers 206a-206e configured to protect the antennas 204, to provide pressure relief to a patient supported by the device, to provide thermal insulation, and/or to make sterilization easier… intermediate layer 206c may be formed as a thermoplastic (e.g., thermoplastic polyurethane) configured to enhance the ability to sterilize the detection unit 200 using conventional sterilization techniques” See ¶ 0038,
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify Tuttle and include “thermal insulation, and/or to make sterilization easier… intermediate layer 206c may be formed as a thermoplastic (e.g., thermoplastic polyurethane) configured to enhance the ability to sterilize the detection unit 200 using conventional sterilization techniques” See ¶ Ehninger 0038, in an effort to allow the RFID transponder communication possible in surgical environment.
Consider claim 4, the passive antenna system of claim 1, wherein: the external antenna includes a first wire dipole antenna; and the internal antenna includes a second wire dipole antenna, Tuttle teaches, “each may be a dipole antenna” See ¶ 0023.
Consider claim 7, the passive antenna system of claim 1, wherein the internal antenna is configured to receive power from the external antenna via the coupler to power the RFID tag inside the metal enclosure, Tuttle, “the device 40 is an RFID tag that uses magnetic coupling for power. The devices may be entirely passive (have no power supply),” See ¶ 0018
Consider claim 8, the passive antenna system of claim 1, wherein: the metal enclosure substantially attenuates signals in an RFID frequency range Tuttle, “Transmission from equipment inside the container simply reflects from the metal floor, ceiling and walls” See ¶ 0002; and
the external antenna, internal antenna, and coupler are configured to communicate signals in the RFID frequency range to enable wireless communication through the metal enclosure, Tuttle, See ¶ 0010-0012, and 0014.
Consider claim 12, a method for reading radio frequency tags inside a metal enclosure, the method comprising: disposing an external antenna outside a metal enclosure; disposing an internal antenna inside the metal enclosure; coupling the external antenna and the internal antenna with a coupler configured to convey radio frequency (RF) signals between the external antenna and the internal antenna; the coupler including an insulator disposed on the coupler, the insulator including a thermally insulating material selected to withstand a temperature range associated with medical instrument sterilization; conveying, via the external antenna and the coupler, an RF identification (RFID) signal from an RFID reader positioned outside the metal enclosure to the internal antenna; reradiating, via the internal antenna, the RFID signal to an RFID tag disposed inside the metal enclosure; receiving, via the internal antenna, a return RFID signal from the RFID tag; coupling the return RFID signal from the internal antenna to the external antenna, See rejection of claim 1.
Consider claim 15, the method of claim 12, further comprising: configuring the external antenna as a first wire dipole antenna; configuring the internal antenna as a second wire dipole antenna, See rejection of claim 4.
Consider claim 17, the method of claim 12, further comprising providing power from the external antenna to the internal antenna via the coupler to power the RFID tag inside the metal enclosure, See rejection of claim 7.
Consider claim 18, the method of claim 12, wherein: the metal enclosure substantially attenuates signals in an RFID frequency range; and configuring the external antenna, internal antenna, and coupler to communicate signals in the RFID frequency range to enable wireless communication through the metal enclosure, See rejection of claim 8.
Claim(s) 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 2008/0191961 A1), in view of Ehninger (US 2017/0360505 A1), and further in view of Burris (US 2016/0248176 A1).
Consider claim 3, the passive antenna system of claim 1, wherein the insulator includes a dielectric material selected to reflect the RF signals within the coupler, in an analogous art, Burris teaches, “coaxial terminations used to terminate ports that are adapted to receive coaxial cable connectors, and more particularly, to an improved coaxial termination that offers enhanced protection against repeated high-voltage surges.” See ¶ 0003, Burris teaches, “equipment boxes often have several internally-threaded coaxial ports adapted to receive end connectors of coaxial cables… If such a coaxial termination is omitted, then undesired reflected signals interfere with the proper transmission of the desired radio frequency signal.” See ¶ 0006, Burris teaches, “surge protected coaxial connectors. In particular, the surge protected coaxial connectors described herein may include at least one dielectric layer surrounding at least a portion of the central conductor adjacent to a spark gap.” See ¶ 0062.
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify the invention of Tuttle- Ehninger and have a coupler with dielectric material to reflect the RF signals, as suggested by Burris, in an effort to reduce the electromagnetic noise from the transmitted signal.
Consider claim 14, the method of claim 12, wherein the insulator includes a dielectric material selected to reflect the RF signals within the coupler, See rejection of claim 3.
Claim(s) 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 2008/0191961 A1), in view of Ehninger (US 2017/0360505 A1), and further in view of Zmood (WO 2009/003231 A1).
Consider claim 5, the passive antenna system of claim 1, wherein: the external antenna includes a first multi-turn antenna coil; and the internal antenna includes a second multi-turn antenna coil, In an analogous art “An inductive coupling arrangement for a multi-antenna tray is shown in Figs. 8 and 9. A coupling plate 80, as the coupling element 62, includes a coil 82 for each antenna 64 inside the tray 20. The interrogator 26 includes corresponding coils 84 that couple with the coils 82 in the manner of a transformer.” See Zmood, page 23, lines 13 – 17.
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify the invention of Tuttle and includes a coil for each antenna 64, as suggested by Zmood, per KSR, this is simple substitution for one known element with another, See MPEP 2143 Rational B.
Consider claim 16, the method of claim 12, further comprising: configuring the external antenna to include a first multi-turn antenna coil; configuring the internal antenna to include a second multi-turn antenna coil, See rejection of claim 5.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 2008/0191961 A1), in view of Ehninger (US 2017/0360505 A1), and further in view of Yang (US 2020/0358162 A1).
Consider claim 6, the passive antenna system of claim 1, wherein the external antenna and the internal antenna are tuned to a predetermined RFID frequency band, Tuttle the external antenna and the internal antenna have to be tuned to a predetermined RFID frequency band in order to operate correctly. Examiner takes Official Notice that it is well known in the prior art to tune the external antenna and the internal antenna to a predetermined RFID frequency band. In an analogous art, Baker teaches, “wireless repeater includes a plurality of external antennas, each external antenna configured to operate within one or more wireless frequency bands.” See ¶ 0016, Baker teaches, “system 100 includes an external transceiver 112 mounted outside the building 108 and an internal transceiver 114 mounted inside the building and positioned to provide the most efficient coverage for transmitting and receiving the wireless signals within the building 108. Generally, the repeater 110 and associated transceivers 112, 114 are configured for a specific frequency band such as the Advanced Mobile Phone System (AMPS) band.” See ¶ 0009. Baker teaches, “the external antenna 212, internal antenna 214, and modular amplifier 610 cooperate to provide a modular repeater for wireless signals within a specific wireless frequency band.” See ¶ 0097. Baker teaches, “each internal antenna configured to operate within one or more specific wireless frequency bands corresponding to one of the external antennas, the internal antenna set having at least one available connection” See claim 30.
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify the invention of Tuttle- Ehninger wherein the internal antenna and external antenna are set at a specific frequency band, as suggested by baker, per KSR, this is simple substitution for one known element with another, See MPEP 2143 Rational B.
Claim(s) 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 2008/0191961 A1), in view of Ehninger (US 2017/0360505 A1), and further in view of Yang (US 2020/0358162 A1).
Consider claim 9, the passive antenna system of claim 1, wherein the external antenna and internal antenna include leaky coaxial cables with RF radiating slots in a coaxial cable shielding to allow the RF signals to radiate into and out of the metal enclosure, in an analogous art, Yang teaches, “[a] leaky coaxial cable is a special radio frequency coaxial cable, characterized in a series of slot holes arranged in an outer conductor of the leaky coaxial cable that plays a role of shielding, so that electromagnetic energy transmitted inside the leaky coaxial cable can leak out and radiate through the slot holes, and electromagnetic energy in an external environment of the leaky coaxial cable can be inwardly coupled and absorbed through the slot holes to allow signal interaction between the leaky coaxial cable and the external environment, satisfying the requirements of mobile communication along a cable (along a laying direction of the leaky coaxial cable) on electromagnetic signals.” See ¶ 0003.
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify the invention of Tuttle- Ehninger wherein the internal antenna include leaky coaxial cables with RF radiating slots in a coaxial cable, as suggested by Yang, per KSR, this is simple substitution for one known element with another, See MPEP 2143 Rational B.
Consider claim 19, the method of claim 12, further comprising: configuring the external antenna and internal antenna to include leaky coaxial cables with RF radiating slots in a coaxial cable shielding; allowing the RF signals to radiate into and out of the metal enclosure through the slots, See rejection of claim 9.
Claim(s) 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 2008/0191961 A1), and further in view of Rappaport, Theodore S. et al. (US 2005/0113120 A1).
Consider claim 10, the passive antenna system of claim 1, wherein: the internal antenna includes a cavity resonator; and the coupler includes a conductive trace conductively coupled between the cavity resonator and the external antenna, in an analogous art, Rappaport teaches, “system for providing wireless broadband access. The system can include a gateway that has a plurality of gateway premises equipment” See abstract, Rappaport teaches, “FIG. 4B illustrates one embodiment of connecting antennas 406a-n to one or more RADs [radio frequency and digital signal processing] via an RF backplane 408” See ¶ 0068, Rappaport teaches, “RF backplane 408 can include antenna connections 410a-d connected to antennas 406a-d” See ¶ 0070, “proper connections between a RAD connection 414 and an antenna, say connection 414a and antenna 406b, may be achieved through use of pin-diode impedance matching circuitry, with one or more butler matrices, one or more Wilkinson combiners, filters (e.g., cavity resonators or other filters), SAW filters, phase shifters, amplifiers, attenuators, resistors, or other techniques known in the art for establishing a connection between an antenna and RF circuitry (e.g., RF circuitry on the RAD or other RF logic).” See ¶ 0074.
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify the invention of Tuttle- Ehninger and includes a cavity resonator (416) and the coupler (40) includes coupled between the cavity resonator (416) and the external antenna (406), as suggested by Rappaport, in an effort to filter the noise between external and internal antenna created by electromagnetic interference.
Consider claim 20, the method of claim 12, further comprising: configuring the internal antenna as a cavity resonator; conductively coupling a conductive trace between the cavity resonator and the external antenna, See rejection of claim 10.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tuttle (US 2008/0191961 A1), and further in view of Forster (US 2009/0146783 A1).
Consider claim 11, the passive antenna system of claim 1, further including a direct conductive feed line (50) coupled between the internal antenna (44) and the RFID tag (20) inside the metal enclosure (16 rack in a warehouse, and a container such as a bin for holding objects), in an analogous art, Forster teaches, “a display having a plurality of objects disposed thereon, with each of the objects having an RFID device attached thereto; and a read structure for operating in two separate modes. The RFID devices are read through one of the two separate modes.” See ¶ 0014. Forster teaches, “The read structure 14 may be part of a display device 16, such as a shelf or other point of sale device, that has plural objects 18 on or in it. Each object 18 has an RFID device 20 (tag or label) coupled to it.” See ¶ 0029, Forster teaches, “FIG. 4, the display device 16 includes the distributed read structure 14 of the read infrastructure 13, for communicating with the RFID devices 20 on the objects 18. The distributed read structure 14 may include a series of conductive strips or patterns 38 on one or more surfaces of the display device 16. The conductive strips or patterns 38 of the distributed read structure 14 may be configured to produce a radio frequency (RF) field between the conductors, for detecting the RFID devices 20. ” See ¶ 0033 and Fig. 4.
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify the invention of Tuttle- Ehninger and include read structure coupler 46 may be connected to the read structure 14 by a coaxial cable 50 or another suitable conductor and the RFID tag (20) inside warehouse container, as suggested by Forster in an effort to effectively read each of the RFID tags 20 coupled to the conductive strips or patterns 38 of read structure 14.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Omer S. Khan whose telephone number is (571)270-5146. The examiner can normally be reached 10:00 am to 8:00 pm EST.
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/Omer S Khan/Primary Examiner, Art Unit 2686
Prosecution Insights