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 Objections
Claim 5 is objected to because of the following informalities: there appears to be a typographical error. It appears that the first limitation should read “the plurality of antennas include…”
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 4, 5-7, 13-14, and 17-19 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.
Regarding claim 4, the terms “the first antennas” and “the second antennas” in the phrase “the plurality of antennas including a plurality of the first antennas and a plurality of the second antennas” lack antecedent basis. Claim 1, from which claim 4 depends, recites only a single first antenna and a single second antenna. It is therefore unclear what constitutes, e.g., another first antenna. One of ordinary skill in the art would not be apprised of the scope of the claim and the claim is rendered indefinite. Claim 17 recites the same terms and is indefinite for similar reasons.
Regarding claim 5, the terms “the first antennas” and “the second antennas” in the phrase “the plurality of antennas including a plurality of the first antennas and a plurality of the second antennas” lack antecedent basis. Claim 1, from which claim 5 depends, recites only a single first antenna and a single second antenna. It is therefore unclear what constitutes, e.g., another first antenna. One of ordinary skill in the art would not be apprised of the scope of the claim and the claim is rendered indefinite. Further, the term “randomly” in the phrase “the plurality of first antennas and the plurality of second antennas are provided randomly” renders the claim indefinite. The term “randomly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. While the instant application specification discusses statistical properties of the random arrangement of the plurality of antennas 11T having mutually different relative phase shifts of radio waves to be transmitted/received, the claim does not require any relative phase shifts. Therefore, it is unclear how to select or differentiate “a plurality of the first antennas” from “a plurality of the second antennas,” and it is further unclear how to determine whether they are arranged randomly. One of ordinary skill in the art at the effective filing date of the invention would not be reasonably apprised of the scope of the invention and the claim is rendered indefinite. Claim 18 also recites similar terms and is indefinite for similar reasons.
Regarding claim 6, the phrases “the other left phase shifter,” “the other right phase shifter,” and “the other antenna” renders the claim indefinite. It is unclear whether “the other left phase shifter” refers to the previously recited “another left phase shifter” or a different left phase shifter. It is further unclear whether “the other right phase shifter” refers to the previously recited “another right phase shifter” or a different right phase shifter. It is further unclear whether “the other antenna” refers to the previously recited first antenna or second antenna, or to a different antenna. The phrase “control another phase shift amount… based on… a transmission direction of radio waves transmitted by the plurality of antennas” further renders the claim indefinite. It is unclear how the transmission direction is being determined and how it is being used to control the another phase shift amounts.
Regarding claim 7, the terms “first state” and “second state” render the claim indefinite. Because the kind of “state” being referred to is unclear, one or ordinary skill in the art would not be apprised of what differentiates a first state from a second state. The metes and bounds of the claim are therefore indefinite. Further, the term “the first antennas” and in the phrase “the plurality of antennas include a plurality of the first antennas” lack antecedent basis. Claim 1, from which claim 7 depends, recites only a single first antenna and a single second antenna. It is therefore unclear what constitutes, e.g., another first antenna.
Claim 19 recites the same terms and is indefinite for similar reasons.
Regarding claim 13, the terms “the first phase shift amount” and “second phase shift amount” lack antecedent basis. Appropriate correction is required. Claim 14 recites the same phrases and is indefinite for similar reasons.
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)(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, 4-12, 14, 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20200411983 A1 to Sano.
Regarding claim 1,
Sano teaches:
An antenna device, (Fig. 1) comprising:
a plurality of left phase shifters, the plurality of left phase shifters including a first left phase shifter and a second left phase shifter, the first left phase shifter being configured to discretely control a first left phase of a first left-handed circularly polarized signal, the second left phase shifter being configured to discretely control a first left phase of a second left-handed circularly polarized signal; (Fig. 1; [0047] – “The phase shifters 102a1, 102b1, . . . , 102N1 (hereinafter also referred to as “phase shifters 102a1 to 102N1”) shift phases of the left-hand circularly polarized wave signals.” [0141] – “As a modification, the phase shifters 102a1 to 102N2 may be digital phase shifters which switch phase shift amounts discretely or configured by combining a plurality of phase shifters.”)
a plurality of right phase shifters, the plurality of right phase shifters including a first right phase shifter and a second right phase shifter, the first right phase shifter being configured to discretely control a first right phase of a first right-handed circularly polarized signal, the second right phase shifter being configured to discretely control a second right phase of a second right-handed circularly polarized signal; (Fig. 1; [0047] – “The phase shifters 102a2, 102b2, . . . , 102N2 (hereinafter also referred to as “phase shifters 102a2 to 102N2”) shift phases of the right-hand circularly polarized wave signals.” [0141] – “As a modification, the phase shifters 102a1 to 102N2 may be digital phase shifters which switch phase shift amounts discretely or configured by combining a plurality of phase shifters.”) and
a plurality of antennas, the plurality of antennas including a first antenna and a second antenna, (Fig. 1; [0048] – “antenna elements 101a to 101N”) the first left phase shifter being configured to supply the first left-handed circularly polarized signal to the first antenna, the first right-handed phase shifter being configured to supply the first right-handed circularly polarized signal to the first antenna, the first antenna being configured to transmit a first left-handed circularly polarized wave based on the first left-handed circularly polarized signal and a first right-handed circularly polarized wave based on the first right-handed circularly polarized signal, (Fig.1 – 101a, 102a1, 102a2; [0048] – “The antenna elements 101a to 101N respectively transmit and receive the left-hand circularly polarized waves and right-hand circularly polarized waves”) the second left-handed phase shifter being configured to supply the second left-handed circularly polarized signal to the second antenna, the second right-handed phase shifter being configured to supply the second right-handed circularly polarized signal to the second antenna, the second antenna being configured to transmit a second left- handed circularly polarized wave based on the second left- handed circularly polarized signal and a second right-handed circularly polarized wave based on the second right-handed circularly polarized signal, (Fig.1 – 101b, 102b1, 102b2; [0048] – “The antenna elements 101a to 101N respectively transmit and receive the left-hand circularly polarized waves and right-hand circularly polarized waves”)
a first polarization angle of a first linearly polarized wave generated by the first left-handed circularly polarized wave and the first right-handed circularly polarized wave ([0048] – “The antenna elements 101a to 101N respectively transmit and receive the left-hand circularly polarized waves and right-hand circularly polarized waves and thereby transmit and receive linearly polarized waves with any (freely-selected) polarization angle τ.”) being different from a second polarization angle of a second linearly polarized wave generated by the second left-handed circularly polarized wave and the second right-handed circularly polarized wave. ([0154] – “The antenna elements 101a to 101n can transmit and receive linearly polarized waves with τ.sub.1 and the antenna elements 101n.sub.+1 to 101N can transmit and receive linearly polarized waves with τ.sub.12. The polarization angles τ.sub.1 and τ.sub.12 can take any range.”)
Regarding claim 4,
Sano teaches:
The antenna device according to claim 1, (see rejection of claim above) further comprising:
a base, the plurality of antennas being provided on the base, the base including a first partial region being continuous, and a second partial region being continuous, the plurality of antennas including a plurality of the first antennas and a plurality of the second antennas, the plurality of first antennas being provided in the first partial region and not provided in the second partial region, and the plurality of second antennas being provided in the second partial region and not provided in the first partial region. (Figs. 10-13)
Regarding claim 5,
Sano teaches:
The antenna device according to claim 1, (see rejection of claim above)
wherein the plurality of antennas including a plurality of the first antennas and a plurality of the second antennas, and the plurality of first antennas and the plurality of second antennas are provided randomly. (Figs. 10-13, [0138] – “The antenna elements 101a to 101N of the present embodiment are not limited to a linear array. For example, the antenna elements may be arranged planarly when viewed from the vertical direction as shown in FIG. 10. This planar array antenna element device 132 may be formed on a three-dimensional surface. For example, FIG. 11 illustrates the antenna element device 132 disposed on a curved surface. In addition, the antenna element device 132 can be disposed on a rectangular parallelepiped surface, a conical surface, a pyramid surface or the like.” See also rejection under 35 U.S.C. § 112.)
Regarding claim 6,
Sano teaches:
The antenna device according to claim 1, (see rejection of claim above) further comprising:
a control circuit,
the control circuit being configured to determine a polarization angle of a linearly polarized wave ([0106-109] – “The control circuit 103 determines the amplitudes of signals to be output to the phase shifters 102a1 to 102N2.”) ([00134] – “when performing division to the left-hand circularly polarized wave signals and the right-hand circularly polarized wave signal, it is possible to transmit left-hand circularly polarized waves and right-hand circularly polarized waves according to any radiation pattern by changing amplitudes of the left-hand circularly polarized wave signal and the right-hand circularly polarized wave signal for each antenna element 101a to 101N.”) generated by another antenna included in the plurality of antennas (Fig. 1) based on the first polarization angle and the second polarization angle, ([0154] – “The antenna elements 101a to 101n can transmit and receive linearly polarized waves with τ.sub.1 and the antenna elements 101n.sub.+1 to 101N can transmit and receive linearly polarized waves with τ.sub.12. The polarization angles τ.sub.1 and τ.sub.12 can take any range.”)
the plurality of left phase shifters further including another left phase shifter,
the other left phase shifter being configured to discretely control another left phase of another left-handed circularly polarized signal generated by the other antenna, (Fig. 1; [0047] – “The phase shifters 102a1, 102b1, . . . , 102N1 (hereinafter also referred to as “phase shifters 102a1 to 102N1”) shift phases of the left-hand circularly polarized wave signals.” [0141] – “As a modification, the phase shifters 102a1 to 102N2 may be digital phase shifters which switch phase shift amounts discretely or configured by combining a plurality of phase shifters.” See also rejection under 35 U.S.C. § 112.)
the plurality of right phase shifters further including another right phase shifter,
the other right phase shifter being configured to discretely control another right phase of another right-handed circularly polarized signal generated by the other antenna, and (Fig. 1; [0047] – “The phase shifters 102a2, 102b2, . . . , 102N2 (hereinafter also referred to as “phase shifters 102a2 to 102N2”) shift phases of the right-hand circularly polarized wave signals.” [0141] – “As a modification, the phase shifters 102a1 to 102N2 may be digital phase shifters which switch phase shift amounts discretely or configured by combining a plurality of phase shifters.”)
the control circuit being configured to control another phase shift amount of the other left phase shifter and another phase shift amount of the other right phase shifter based on the polarization angle of the linearly polarized wave generated by the other antenna ([0154] – “The antenna elements 101a to 101n can transmit and receive linearly polarized waves with τ.sub.1 and the antenna elements 101n.sub.+1 to 101N can transmit and receive linearly polarized waves with τ.sub.12. The polarization angles τ.sub.1 and τ.sub.12 can take any range.”) and a transmission direction of radio waves transmitted by the plurality of antennas. ([0071] – “The control circuit 103 determines the polarization angle τ and the beam direction D and determines a phase shift amount to realize the polarization angle τ and the beam direction D.” [0068] – “The phase shifters 102a1 to 102N1 and 102a2 to 102N2 (hereinafter, also referred to as “phase shifters 102a1 to 102N2”) can change the beam direction D by changing the phases of the left-hand circularly polarized wave signals or the right-hand circularly polarized wave signals while keeping the phase difference Δψ corresponding to the polarization angle τ.”)
Regarding claim 7,
Sano teaches:
The antenna device according to claim 1, (see rejection of claim above)
wherein the plurality of antennas include a plurality of the first antennas, and a number of the plurality of first antennas in a first state is different from a number of the plurality of first antennas in a second state. (Figs. 1, 10-13; See also rejection under 35 U.S.C. § 112.)
Regarding claim 8,
Sano teaches:
The antenna device according to claim 1, (see rejection of claim above) further comprising:
a signal processing circuit combinable with the plurality of left phase shifters and the plurality of right phase shifters, the signal processing circuit being configured to control at least one of an amplitude of the first left-handed circularly polarized signal, an amplitude of the second left-handed circularly polarized signal, an amplitude of the first right-handed circularly polarized signal, or an amplitude of the second right- handed circularly polarized signal. ([0106-109] – “The control circuit 103 determines the amplitudes of signals to be output to the phase shifters 102a1 to 102N2.”)
Regarding claim 9,
Sano teaches:
The antenna device according to claim 8, (see rejection of claim above)
wherein the first polarization angle is controlled by controlling at least one of the amplitude of the first left-handed circularly polarized signal or the amplitude of the second left-handed circularly polarized signal, and
the second polarization angle is controlled by controlling at least one of the amplitude of the first right-handed circularly polarized signal or the amplitude of the second right-handed circularly polarized signal. ([00134] – “when performing division to the left-hand circularly polarized wave signals and the right-hand circularly polarized wave signal, it is possible to transmit left-hand circularly polarized waves and right-hand circularly polarized waves according to any radiation pattern by changing amplitudes of the left-hand circularly polarized wave signal and the right-hand circularly polarized wave signal for each antenna element 101a to 101N.”)
Regarding claim 10,
Sano teaches:
A communication device, comprising:
the antenna device according to claim 1; (see rejection of claim above) and
an electrical circuit configured to be coupled to the antenna device. ([0095] – “The components of the antenna device 100 have been described so far. The antenna device 100 is constructed by electrically connecting one or more circuits. The antenna device 100 may be constructed of an integrated circuit such as IC (Integrated Circuit) or LSI (Large Scale Integration). The components may be mounted integrally on one chip or some components may be mounted on another chip.”)
Regarding claim 11,
Sano teaches:
An antenna device, comprising:
a plurality of antennas, the plurality of antennas including a first antenna and a second antenna, (Fig. 1; [0048] – “antenna elements 101a to 101N”) the first antenna being configured to receive a left-handed circularly polarized wave and a right-handed circularly polarized wave and to output a first left- handed circularly polarized wave signal and a first right-handed circularly polarized wave signal, (Fig.1 – 101a, 102a1, 102a2; [0048] – “The antenna elements 101a to 101N respectively transmit and receive the left-hand circularly polarized waves and right-hand circularly polarized waves”) the second antenna being configured to receive the left-handed circularly polarized wave and the right-handed circularly polarized wave and to output a second left-handed circularly polarized wave signal and a second right-handed circularly polarized wave signal; (Fig.1 – 101b, 102b1, 102b2; [0048] – “The antenna elements 101a to 101N respectively transmit and receive the left-hand circularly polarized waves and right-hand circularly polarized waves”)
a plurality of left phase shifters, the plurality of left phase shifters including a first left phase shifter and a second left phase shifter, the first left phase shifter being configured to discretely control a first left phase of the first left-handed circularly polarized signal, the second left phase shifter being configured to discretely control a second left phase of the second left-handed circularly polarized signal; (Fig. 1; [0047] – “The phase shifters 102a1, 102b1, . . . , 102N1 (hereinafter also referred to as “phase shifters 102a1 to 102N1”) shift phases of the left-hand circularly polarized wave signals.” [0141] – “As a modification, the phase shifters 102a1 to 102N2 may be digital phase shifters which switch phase shift amounts discretely or configured by combining a plurality of phase shifters.”)
a plurality of right phase shifters, the plurality of right phase shifters including a first right phase shifter and a second right phase shifter, the first right phase shifter being configured to discretely control a first right phase of the first right-handed circularly polarized signal, the second right phase shifter being configured to discretely control a second right phase of the second right-handed circularly polarized signal; (Fig. 1; [0047] – “The phase shifters 102a2, 102b2, . . . , 102N2 (hereinafter also referred to as “phase shifters 102a2 to 102N2”) shift phases of the right-hand circularly polarized wave signals.” [0141] – “As a modification, the phase shifters 102a1 to 102N2 may be digital phase shifters which switch phase shift amounts discretely or configured by combining a plurality of phase shifters.”) and
a signal processing circuit configured to be coupled to the plurality of left phase shifters and the plurality of right phase shifters, the signal processing circuit being configured to generate a linearly polarized signal indicating a linearly polarized wave from the first left-handed circularly polarized signal, the first right-handed circularly polarized signal, the second left- handed circularly polarized signal, and the second right-handed circularly polarized signal, ([0048] – “The antenna elements 101a to 101N respectively transmit and receive the left-hand circularly polarized waves and right-hand circularly polarized waves and thereby transmit and receive linearly polarized waves with any (freely-selected) polarization angle τ.”)
a first polarization angle of a first linearly polarized signal generated from the first left-handed circularly polarized signal and the first right-handed circularly polarized signal being different from a second polarization angle of a second linearly polarized signal generated from the second left-handed circularly polarized signal and the second right-handed circularly polarized signal, ([0154] – “The antenna elements 101a to 101n can transmit and receive linearly polarized waves with τ.sub.1 and the antenna elements 101n.sub.+1 to 101N can transmit and receive linearly polarized waves with τ.sub.12. The polarization angles τ.sub.1 and τ.sub.12 can take any range.”)
a first left phase shift amount of the first left phase shifter, a second left phase shift amount of the second left phase shifter, a first right phase shift amount of the first right phase shifter, and a second right phase shift amount of the second right phase shifter being configured to satisfy at least one of a first condition or a second condition, in the first condition, the first left phase shift amount being different from the second left phase shift amount, and in the second condition, the first right phase shift amount being different from the second right phase shift amount. ([0154] – “The antenna elements 101a to 101n can transmit and receive linearly polarized waves with τ.sub.1 and the antenna elements 101n.sub.+1 to 101N can transmit and receive linearly polarized waves with τ.sub.12. The polarization angles τ.sub.1 and τ.sub.12 can take any range.”)
Regarding claim 12,
Sano teaches:
The antenna device according to claim 11, (see rejection of claim above)
wherein a difference between the first polarization angle and the second polarization angle is generated by changing at least one of the first left phase shift amount, the second left phase shift amount, the first right phase shift amount, or the second right phase shift amount. ([0155] – “The phase shifters 102a1 to 102n1 and 102a2 to 102n2… phase difference Δψ.sub.1 corresponding to the polarization angle τ.sub.1… The phase shifters 102n.sub.+11 to 102N1 and 102n.sub.+12 to 102N2… phase difference Δψ.sub.12 corresponding to the polarization angle τ.sub.12.”)
Regarding claim 14,
Sano teaches:
The antenna device according to claim 13, further comprising:
a control circuit,
the control circuit being configured to control at least one of the first phase shift amount or the second phase shift amount. ([0158-160] – “When determining phase shift amounts of the phase shifter 102n1 and the phase shifter 102n2 corresponding to the antenna element 101n, the control circuit 103 may determine a phase shift amount which corresponds to the polarization angle τ”)
Regarding claim 17,
Sano teaches:
The antenna device according to claim 11, (see rejection of claim above) further comprising:
a base, the plurality of antennas being provided on the base, (Figs. 10-13)
the base including a first partial region being continuous and a second partial region being continuous, (Figs. 10-13)
the plurality of antennas including a plurality of the first antennas and a plurality of the second antennas, (Figs. 10-13)
the plurality of first antennas being provided in the first partial region and not provided in the second partial region, (Figs. 10-13) and
the plurality of second antennas being provided in the second partial region and not provided in the first partial region. (Figs. 10-13)
Regarding claim 18,
Sano teaches:
The antenna device according to claim 11, (see rejection of claim above)
wherein the plurality of antennas include a plurality of the first antennas and a plurality of the second antennas, and the plurality of first antennas and the plurality of second antennas are randomly provided. (Figs. 10-13, [0138] – “The antenna elements 101a to 101N of the present embodiment are not limited to a linear array. For example, the antenna elements may be arranged planarly when viewed from the vertical direction as shown in FIG. 10. This planar array antenna element device 132 may be formed on a three-dimensional surface. For example, FIG. 11 illustrates the antenna element device 132 disposed on a curved surface. In addition, the antenna element device 132 can be disposed on a rectangular parallelepiped surface, a conical surface, a pyramid surface or the like.” See also rejection under 35 U.S.C. § 112.)
Regarding claim 19,
Sano teaches:
The antenna device according to claim 11, (see rejection of claim above) wherein the plurality of antennas include a plurality of the first antennas, and a number of the plurality of first antennas in a first state is different from a number of the plurality of first antennas in a second state. (Figs. 1, 10-13; See also rejection under 35 U.S.C. § 112.)
Regarding claim 20,
Sano teaches:
A communication device, comprising:
the antenna device according to claim 11; (see rejection of claim above) and
an electrical circuit configured to be coupled to the antenna device. ([0095] – “The components of the antenna device 100 have been described so far. The antenna device 100 is constructed by electrically connecting one or more circuits. The antenna device 100 may be constructed of an integrated circuit such as IC (Integrated Circuit) or LSI (Large Scale Integration). The components may be mounted integrally on one chip or some components may be mounted on another chip.”)
Allowable Subject Matter
Claims 2-3, 15-16 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.
Claims 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome rejection under 35 U.S.C. § 112 and in independent form including all of the limitations of the base claim and any intervening claims.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIANA CROSS whose telephone number is (571)272-8721. The examiner can normally be reached Mon-Fri 9am-5pm Pacific time.
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/JULIANA CROSS/Examiner, Art Unit 3648
/BRADY W FRAZIER/Primary Examiner, Art Unit 3648