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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 24, 2025, is in accordance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
Figures 1 and 2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore:
The “annular radiating arm” as described in claim 29, line 2, must be shown or the feature(s) canceled from the claim
The “multi-stage resonant circuit” as described in claim 5, lines 1-2, must be shown or the feature(s) canceled from the claim
The “multi-stage resonant circuit” as described in claim 6, lines 1-2, must be shown or the feature(s) canceled from the claim
The “plurality of resonant circuits” as described in claim 6, line 2, must be shown or the feature(s) canceled from the claim
The “plurality of resonant circuits” as described in claim 33, lines 1-2, must be shown or the feature(s) canceled from the claim
No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show:
The “annular radiating arm” as described in the specification, ¶ 49.
The “multi-stage resonant circuit” as described in the specification, ¶ 60
The “plurality of resonant circuits” as described in the specification, ¶ 60
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “50” has been used to designate “resonant circuit”, “multi-stage resonant circuit” and “plurality of resonant circuits” (see specifications, ¶ 59-60).
The drawings are objected to because:
The unlabeled “annular radiating arm”, as described in the specifications, ¶ 49
The unlabeled “first radiating element array”, as described in the specifications, ¶ 14
The unlabeled “second radiating element array”, as described in the specifications, ¶ 14
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Character number “50” as described in the specifications, ¶48
The unlabeled figure 2, as shown in the drawings, page 1
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because the document submitted as an abstract consists of two pages from International Publication Number WO 2024/030775 A1. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b). A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text.
The disclosure is objected to because of the following informalities:
The unlabeled “annular radiating arm”, as described in the specifications, ¶ 49
The unlabeled “first radiating element array”, as described in the specifications, ¶ 14
The unlabeled “second radiating element array”, as described in the specifications, ¶ 14
Appropriate correction is required.
Claim Objections
Claim 2 is objected to because of the following informalities:
“wherein the various pattern portions are separated from each other” should read “wherein the first pattern portion, the second pattern portion, the third pattern portion and the fourth pattern portion are separated from each other”
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, 7-8, 12, 27-29, 32 and 34-37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190319352 (Reference provided by the applicant in the IDS) by Ignacio Gonzalez et al. (hereinafter Gonzalez et al.).
Regarding claim 1, Gonzalez et al. teaches A radiating element (fig. 7A annotated hereinbelow), comprising:
a radiator (radiating element, ¶ 34-36; fig. 7A annotated hereinbelow) with a radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 7A annotated hereinbelow), the radiator (radiating element, ¶ 34-36; fig. 7A annotated hereinbelow) configured to emit first electromagnetic radiation (a first antenna element configured to radiate in a first operating frequency band, Abstract) within a predetermined first operating frequency band (HB operating frequency band/HB band, ¶ 4, 13, 45); and
a parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow),
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wherein a resonant circuit (filter, ¶ 34-36) is formed between (the radiating element is in a stacking direction of the support structure underneath or above the conductive layer and the conductive layer is arranged so that the conductive layer and the radiating element overlap in the stacking direction of the support structure, ¶ 34; each filtering unit is formed by one parasitic arm and one dipole arm, ¶ 36; fig. 7A annotated hereinabove) the radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 3 [332a]) of the radiator (radiating element, ¶ 34-36; fig. 7A annotated hereinabove) and the parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinabove), wherein the resonant circuit (filter, ¶ 34-36) is configured to allow an operating current (configured to filter out harmonics of the operating frequency band, ¶ 35, 45) on the radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 7A annotated hereinabove) and within the first operating frequency band (HB operating frequency band/HB band, ¶ 4, 13, 45) to pass (filters out harmonics of the HB operating frequency band (HB band), ¶ 13, 35), but prevent an inductive current inducted (CB band (CB operating frequency band) by which the first antenna element is exited is filtered out, ¶ 13, 35) on the radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 7A annotated hereinabove) and within a second operating frequency band (CB operating frequency band/CB band, ¶ 4, 13, 45).
Regarding claim 2, Gonzalez et al. teaches wherein the resonant circuit (filter, ¶ 34-36) comprises:
an LC series circuit (fig. 7A annotated hereinbelow) comprising a first inductor (fig. 7A annotated hereinbelow) and a first capacitor (fig. 7A annotated hereinbelow); and
a second capacitor in parallel (The second capacitor is formed, in parallel, between the parasitic arm of the bottom section and the dipole arm of the top section, ¶ 21, 36) with the LC series circuit (fig. 7A annotated hereinbelow).
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Regarding claim 3, Gonzalez et al. teaches wherein the radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 7A annotated hereinbelow) comprises a first coupling section (fig. 7A annotated hereinbelow) and the parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow) comprises a second coupling section (fig. 7A annotated hereinbelow), and the first coupling section (fig. 7A annotated hereinbelow) and the second coupling section (fig. 7A annotated hereinbelow) overlap (¶ 21, 75) each other to form the first capacitor (fig. 7A annotated hereinbelow).
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Regarding claim 4, Gonzalez et al. teaches wherein the radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 7A annotated hereinbelow) comprises a capacitive section (fig. 7A annotated hereinbelow) that functions as the second capacitor (The second capacitor is formed, in parallel, between the parasitic arm of the bottom section and the dipole arm of the top section, ¶ 21, 36), and the parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow) comprises an inductive section (fig. 7A annotated hereinbelow) that functions as the first inductor (fig. 7A annotated hereinbelow).
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Regarding claim 7, Gonzalez et al. teaches wherein the inductive section (fig. 7A annotated hereinbelow) of the parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow) is configured as an inductive stub (¶ 23, fig. 7A annotated hereinbelow).
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Regarding claim 8, Gonzalez et al. teaches wherein the resonant circuit (filter, ¶ 34-36) is configured as a band-pass (the filter is configured to filter out harmonics of the operating frequency band of the antenna element, ¶ 13) resonant circuit (filter, ¶ 34-36).
Regarding claim 12, Gonzalez et al. teaches wherein the radiating element (fig. 7A annotated hereinbelow) comprises a dielectric substrate (PCB, ¶ 13, 40; PCBs, ¶ 63; non-conductive interruptions, ¶ 75), the radiator (radiating element, ¶ 34-36; fig. 7A annotated hereinbelow) is arranged on a first major surface (top view, ¶ 75; fig. 7A annotated hereinbelow) of the dielectric substrate (PCB, ¶ 13, 40; PCBs, ¶ 63; non-conductive interruptions, ¶ 75), and the parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow) is arranged on a second major surface (bottom view, ¶ 75; fig. 7A annotated hereinbelow) of the dielectric substrate (PCB, ¶ 13, 40; PCBs, ¶ 63; non-conductive interruptions, ¶ 75).
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Regarding claim 27, Gonzalez et al. teaches A radiating element (fig. 7A annotated hereinbelow), comprising:
a dielectric substrate (PCB, ¶ 13, 40; PCBs, ¶ 63; non-conductive interruptions, ¶ 75);
a radiator (radiating element, ¶ 34-36; fig. 7A annotated hereinbelow) arranged on a first major surface (top view, ¶ 75; fig. 7A annotated hereinbelow) of the dielectric structure (PCB, ¶ 13, 40; PCBs, ¶ 63; non-conductive interruptions, ¶ 75, fig. 7A annotated hereinbelow), the radiator (radiating element, ¶ 34-36; fig. 7A annotated hereinbelow) configured to emit first electromagnetic radiation (a first antenna element configured to radiate in a first operating frequency band, Abstract) within a predetermined first operating frequency band (HB operating frequency band/HB band, ¶ 4, 13, 45); and
a parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow) arranged on a second major surface (bottom view, ¶ 75; fig. 7A annotated hereinbelow) of the dielectric structure (PCB, ¶ 13, 40; PCBs, ¶ 63; non-conductive interruptions, ¶ 75), the parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow) configured to interact (¶ 34-36) with the radiator (radiating element, ¶ 34-36; fig. 7A annotated hereinbelow) electromagnetically for inhibiting (capacitive filtering, ¶ 35) an inductive current induced (CB band (CB operating frequency band) by which the first antenna element is exited is filtered out, ¶ 13, 35) on the radiator (radiating element, ¶ 34-36; fig. 7A annotated hereinbelow) and within a second operating frequency band (CB operating frequency band/CB band, ¶ 4, 13, 45).
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Regarding claim 28, Gonzalez et al. teaches the radiator (radiating element, ¶ 34-36; fig. 7A annotated hereinbelow) is printed on a first major surface (top view, ¶ 75; fig. 7A annotated hereinbelow) of the dielectric substrate, (PCB, ¶ 13, 40; PCBs, ¶ 63; non-conductive interruptions, ¶ 75) and the parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow) is printed on a second major surface (bottom view, ¶ 75; fig. 7A annotated hereinbelow) of the dielectric substrate (PCB, ¶ 13, 40; PCBs, ¶ 63; non-conductive interruptions, ¶ 75).
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Regarding claim 29, Gonzalez et al. teaches wherein a radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 3, 5 and 7B [332, 532, 732]) of the radiator (radiating element, ¶ 34-36; fig. 3, 5 and 7B [310, 510, 710]) is configured as an annular radiating arm (As shown in Figures 3, 5 and 7B, each dipole comprises two annular-shape dipole arms).
Examiner’s note: The applicant's lexicographer did not define what he meant by "annular".
Regarding claim 32, Gonzalez et al. teaches wherein at least one resonant circuit (filter, ¶ 34-36) is formed between (the radiating element is in a stacking direction of the support structure underneath or above the conductive layer and the conductive layer is arranged so that the conductive layer and the radiating element overlap in the stacking direction of the support structure, ¶ 34; each filtering unit is formed by one parasitic arm and one dipole arm, ¶ 36; fig. 7A annotated hereinabove) each radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 7A annotated hereinbelow) of the radiator (radiating element, ¶ 34-36; fig. 7A annotated hereinbelow) and the parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow), and the resonant circuit (filter, ¶ 34-36) is configured to allow an operating current (configured to filter out harmonics of the operating frequency band, ¶ 35, 45) on the radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 7A annotated hereinbelow) within the first operating frequency band (HB operating frequency band/HB band, ¶ 4, 13, 45) to pass (filters out harmonics of the HB operating frequency band (HB band), ¶ 13, 35), but prevent an inductive current induced (CB band (CB operating frequency band) by which the first antenna element is exited is filtered out, ¶ 13, 35) on the radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 7A annotated hereinabove) and within the second operating frequency band (CB operating frequency band/CB band, ¶ 4, 13, 45).
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Regarding claim 34, Gonzalez et al. teaches wherein the resonant circuit (filter, ¶ 34-36) comprises:
an LC series circuit (fig. 7A annotated hereinbelow) comprising a first inductor (fig. 7A annotated hereinbelow) and a first capacitor (fig. 7A annotated hereinbelow); and/or a second capacitor in parallel (The second capacitor is formed, in parallel, between the parasitic arm of the bottom section and the dipole arm of the top section, ¶ 21, 36) with the LC series circuit (fig. 7A annotated hereinbelow).
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Regarding claim 35, Gonzalez et al. teaches wherein
the radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 7A annotated hereinbelow) comprises a first coupling section (fig. 7A annotated hereinbelow) and the parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow) comprises a second coupling section (fig. 7A annotated hereinbelow), and the first coupling section (fig. 7A annotated hereinbelow) and the second coupling section (fig. 7A annotated hereinbelow) overlap (the conductive layer is an extension of the radiating element on another side of the support structure. Furthermore, due to the overlapping of the non-conductive interruption and the transmission line the filter can resonate at a certain frequency, which is to be filtered out, ¶ 21) each other to form the first capacitor (fig. 7A annotated hereinbelow);
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and
the radiating arm (dipole arm of the two dipole arms, ¶ 36; fig. 7A annotated hereinbelow) comprises a capacitive section (fig. 7A annotated hereinbelow) that functions as the second capacitor (The second capacitor is formed, in parallel, between the parasitic arm of the bottom section and the dipole arm of the top section, ¶ 21, 36), and the parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow) comprises an inductive section (fig. 7A annotated hereinbelow) that functions as the first inductor (fig. 7A annotated hereinbelow).
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Regarding claim 36, Gonzalez et al. teaches wherein the radiating element (fig. 7A annotated hereinbelow) comprises:
a first dipole radiator (fig. 7A annotated hereinbelow) comprising a first dipole arm (fig. 7A annotated hereinbelow) and a second dipole arm (fig. 7A annotated hereinbelow); and
a second dipole radiator (fig. 7A annotated hereinbelow) comprising a third dipole arm (fig. 7A annotated hereinbelow) and a fourth dipole arm (fig. 7A annotated hereinbelow); wherein
the parasitic metal pattern (parasitic arm of the two parasitic arms, ¶ 36, 75; ¶ 67; fig. 7A annotated hereinbelow) comprises a first pattern portion (fig. 7A annotated hereinbelow) for the first dipole arm (fig. 7A annotated hereinbelow), a second pattern portion (fig. 7A annotated hereinbelow) for the second dipole arm (fig. 7A annotated hereinbelow), a third pattern portion (fig. 7A annotated hereinbelow) for the third dipole arm (fig. 7A annotated hereinbelow), and a fourth pattern portion (fig. 7A annotated hereinbelow) for the fourth dipole arm (fig. 7A annotated hereinbelow).
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Regarding claim 37, Gonzalez et al. teaches wherein the various pattern portions (fig. 7A annotated hereinbelow) are separated from each other (¶ 75; fig. 7A annotated hereinbelow).
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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 (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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 30 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190319352 (Reference provided by the applicant in the IDS) by Ignacio Gonzalez et al. (hereinafter Gonzalez et al.) in view of US 20210305722 (Reference provided by the applicant in the IDS) by Xiuyin Zhang et al. (hereinafter Zhang et al.).
Regarding claim 30, Gonzalez et al. does not explicitly teach wherein the radiating arm does not have a choke.
However, Zhang et al. teaches wherein the radiating arm (fig. 4 [3]) does not have a choke (fig. 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the radiating arm does not have a choke as taught by Zhang et al. in the antenna of Gonzalez et al. for the benefit of improving signal efficiency and transmission.
Claim(s) 40 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190319352 (Reference provided by the applicant in the IDS) by Ignacio Gonzalez et al. (hereinafter Gonzalez et al.) in view of CN 208862156 U (Reference provided by the applicant in the IDS. See attached translation for the following citation) by Zhang Xiu-yin et al. (hereinafter Xiu-yin et al.).
Regarding claim 40, Gonzalez et al. teaches A base station antenna (base station antenna, ¶ 12), comprising: a first radiating element (fig. 8 [810]) configured to emit first electromagnetic radiation within a pre-determined first operating frequency band (configured to radiate in a first operating frequency band, ¶ 77), wherein at least a part of first radiating elements (fig. 8 [810]) is constructed (¶ 66-67; ¶ 77, lines 7-8) as the radiating element (fig. 7A [top view]) according to Claim 1 (¶ 66-67; ¶ 77, lines 7-8); and a second radiating element array (fig. 8 [820]), configured to emit second electromagnetic radiation within a pre-determined second operating frequency band (configured to radiate in a second frequency band, ¶ 77).
Gonzalez et al. does not explicitly teach comprising: a first radiating element array configured to emit first electromagnetic radiation within a pre-determined first operating frequency band, wherein at least a part of first radiating elements is constructed as the radiating element according to Claim 1.
However, Xiu-yin et al. teaches comprising: a first radiating element array (fig. 10 [18]) configured to emit first electromagnetic radiation within a pre-determined first operating frequency band (operating in the low-frequency band, ¶ 59), wherein at least a part of first radiating elements (fig. 10 [18]) is constructed as the radiating element according to Claim 1 (¶ 9, 20, 43-45; fig. 1-6).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to include A base station antenna, comprising: a first radiating element array configured to emit first electromagnetic radiation within a pre-determined first operating frequency band, wherein at least a part of first radiating elements is constructed as the radiating element according to Claim 1 as taught by Xiu-yin et al. in the antenna of Gonzalez et al. for the benefit of providing a compact broadband dual-polarized base station filter antenna unit with high selectivity (Xiu-yin et al., ¶ 10).
Claim(s) 5-6 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190319352 (Reference provided by the applicant in the IDS) by Ignacio Gonzalez et al. (hereinafter Gonzalez et al.).
Regarding claim 5, Gonzalez et al. teaches the claimed invention except for wherein a multi-stage resonant circuit is formed between each radiating arm of the radiator and the parasitic metal pattern.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the provide wherein a multi-stage resonant circuit is formed between each radiating arm of the radiator and the parasitic metal pattern, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (CA7 1977). Doing so would control electromagnetic coupling and tune multiple frequency bands.
Regarding claim 6, Gonzalez et al. teaches the claimed invention except wherein the multi-stage resonant circuit comprises a plurality of resonant circuits in series with each other.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the provide wherein the multi-stage resonant circuit comprises a plurality of resonant circuits in series with each other, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (CA7 1977). Doing so achieve a band-pass filter with a selective response across frequencies.
Regarding claim 33, Gonzalez et al. teaches the claimed invention except for wherein a plurality of resonant circuits are formed between each radiating arm of the radiator and the parasitic metal pattern.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the provide wherein a plurality of resonant circuits are formed between each radiating arm of the radiator and the parasitic metal pattern, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (CA7 1977). Doing so would stabilize radiation patterns.
Additional Comments
Examiner’s note - Regarding the recitations throughout the claims (for example, claims 1, 7, 8, 27, 29, 32 and 40) that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability.
When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US-20120313823 by John T. Armstrong et al.
US-20110291894 by Yihong Qi et al.
US-20080122724 by Noboru Kato et al.
US-20030142036 by Michael John Wilhelm et al.
US-20240258684 by Bo Wu et al.
US-20240250438 by Zhanjun Lai et al.
US-20210320412 by Takafumi Nasu et al.
US-20200373668 by Bo Wu et al.
US-20200127389 by Yunzhe Li et al.
US-20170054214 by Philip Ludovic E. Sanders et al.
US-20150295313 by Martin Lee Zimmerman et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE A. MIRANDA GONZALEZ whose telephone number is (571)272-6070. The examiner can normally be reached Monday through Friday, from 8:00 am to 5:00 pm, ET.
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, Dameon E. Levi can be reached at 571-272-2105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAMEON E LEVI/Supervisory Patent Examiner, Art Unit 2845
/JOSE A. MIRANDA GONZALEZ/ Examiner, Art Unit 2845
