DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 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.
The claim define “the antenna apparatus further comprises a first guide rail” is not clear since there is no disclosed of a single guide rail, therefore the limitation is not supported by the specification or drawings. Clarification is required.
Claim 6 is rejected as dependent on claim 5.
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.
Claim(s) 1, 3-4, 7-9, 11, 13-14, 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rmili et al. (US 2019/0379118).
Claim 1, Rmili discloses an antenna apparatus, comprising an antenna array, a first drive mechanism, and a first phase shifter, wherein
the antenna array comprises a plurality of radiating elements arranged in an array, and the plurality of radiating elements (see Figs. 9-10 and [0065]…. array elements (antenna elements 100)…) are configured to radiate and receive an electromagnetic wave signal;
the first drive mechanism is connected to the first phase shifter, and the first drive mechanism is configured to control movement of the first phase shifter (stepper motor 125, Figs. 15-16 and see P[0039]… the phase shift is varied by rotating the metasurface-based superstrate 120 via a precision rotary device 125 such as a stepper motor…); and
the first phase shifter is disposed above the antenna array (see P[0039]… The metasurface-based superstrate 120 is placed above the radiating element 111 to introduce a phase shift in the wave traversing through it and the amount of the phase shift is varied by rotating the metasurface-based superstrate 120 via a precision rotary device 125 such as a stepper motor or the like…), and the first phase shifter is configured to: when an electromagnetic wave radiated by the antenna array passes through the first phase shifter, control a phase of the electromagnetic wave radiated by the antenna array, so that a beam of the antenna array is deflected (see P[0039]… metasurface-based superstrate 120…).
Claim 3, Rmili discloses the antenna apparatus according to claim 1, wherein the first phase shifter comprises a plurality of phase shift blocks, and the plurality of phase shift blocks are configured to cover a part of an aperture area of the antenna array (see Figs. 9-10, and P[0061]… the variable phase shifter may be used for beam scanning by placing variable phase shifters 123 above each of the patch antennas 110 of the array…).
Claim 4, Rmili discloses the antenna apparatus according to claim 1, wherein the first phase shifter comprises a plurality of phase shift blocks, and the plurality of phase shift blocks are configured to cover an entire aperture area of the antenna array (see Figs. 9-10, and P[0061]… the variable phase shifter may be used for beam scanning by placing variable phase shifters 123 above each of the patch antennas 110 of the array…).
Claim 7, Rmili discloses the antenna apparatus according to claim 1, wherein the first phase shifter comprises a plurality of phase shift structures, each phase shift structure comprises a first phase shift block and a second phase shift block that are located above the antenna array (see Figs. 9-10), and the first drive mechanism is configured to control a spacing between the first phase shift block and the second phase shift block (see P[0039]… the phase shift is varied by rotating the metasurface-based superstrate 120 via a precision rotary device 125 such as a stepper motor or the like…).
Claim 8, Rmili discloses the antenna apparatus according to claim 1, wherein the antenna apparatus further comprises a second phase shifter, the second phase shifter is connected to the radiating element, and the second phase shifter is configured to adjust a feeding phase of the radiating element (see P[0038]… other phase shifting devices in the feed line 113 such that the phase of a signal carried therein is shifted prior to reaching the radiating element 111…).
Claim 9, Rmili discloses the antenna apparatus according to claim 8,wherein the antenna apparatus further comprises a second drive mechanism, and the second drive mechanism is configured to control movement of the second phase shifter (see P[0038]… phase shifts are realized by inserting switches 130, liquid crystal layers 131, or other phase shifting devices in the feed line 113 such that the phase of a signal carried therein is shifted prior to reaching the radiating element 111…).
Claims 11, 13-14, and 17-16, the elements and limitations are rejected as above claims, furthermore, Rmili discloses a communication device, wherein the communication device comprises an antenna apparatus (see P[0002]… Phased Array antennas are widely used for beam scanning applications in communication systems…).
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) 2 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rmili et al. (US 2019/0379118).
Rmili discloses the invention substantially as claimed, but does not disclose wherein the antenna apparatus further comprises a first radome; and both the first phase shifter and the antenna array are disposed in the first radome. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to provide both the first phase shifter and the antenna array in a radome since it was known in the art that the radome is to protects the antenna and it components inside from weather.
Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rmili et al. (US 2019/0379118) in view of Xiao et al. (AU 2018334731 A1).
Rmili discloses the invention substantially as claimed, but does not disclose further comprises a reflection panel, the antenna array is disposed on an upper surface of the reflection panel, and the second phase shifter is disposed on a lower surface of the reflection panel.
In the same field of endeavor, Xiao discloses a reflection panel, the antenna array is disposed on an upper surface of the reflection panel, and the second phase shifter is disposed on a lower surface of the reflection panel (see Figs. 10-14 and P[0078]-[0081]).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention was made to provide a reflection panel between the antenna array and the second phase shifter of Rmili, as taught by Xiao, in order to perform feeding with no loss and to provide space saving antenna system includes a plurality of antenna array.
Allowable Subject Matter
Claims 5-6, and 15-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH Q TRAN whose telephone number is (571)272-1813. The examiner can normally be reached M-F: 9AM - 5PM.
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, Alexander H Taningco can be reached at 571-272-8048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANH Q TRAN/Primary Examiner, Art Unit 2845 7/22/26
Prosecution Insights