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 11 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.
Claim 11 contains the trademark/trade name “Teflon”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a material (likely PTFE) and, accordingly, the identification/description is indefinite.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 6 recites “the base plate is made of either a conductive material or a non-conductive material”. However, the parent claim 1 already required the base plate made of conductive material, thus claim 6 is an improper dependent claim because it does not necessarily include all limitations of the claim to which it refers (claim 1) due to the “or” phrase.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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, 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeo WO 2020/027355.
1. Yeo discloses a filter (Figs. 1-3, etc.) for communication devices, comprising
a base plate (102) made of a conductive material (machine translation [0044]), and manufactured in an unfolded state (Fig. 1), the base plate being configured foldable such that, upon folding (Figs. 2, 3), a cavity (space enclosure) is formed inside while simultaneously positioning a plurality of resonators (110) to protrude by a set length in a thickness direction or a width direction in the cavity (see Fig. 3),
wherein the plurality of resonators each include, at a distal end portion thereof (110a-1), a resonance characteristic end (110c) that is flat to form a layer identical to a remaining portion in the cavity and has a greater width than the remaining portion (see Fig. 1).
2. The filter of claim 1, wherein at least one of the plurality of resonators is integrally formed with an input terminal pin (121) connected to an input port so that a signal transmitted from the input port is received, and wherein at least one other of the plurality of resonators is integrally formed with an output terminal pin (123) connected to an output port so that a signal is transmitted to and output from the output port (Figs. 1-3).
3. The filter of claim 1, wherein the resonance characteristic end of each of the plurality of resonators integrally extends to be angled from a leading end (110a-5) of the remaining portion (Figs. 1, 3; angled extension/connection).
6. The filter of claim 1, wherein the base plate is made of either a conductive material ([0044]) or a non-conductive material, and wherein in case that the base plate is made of the non-conductive material, a conductive material is formed as a coating layer by plating at least on an interior corresponding to the cavity.
7. The filter of claim 1, wherein the cavity is filled with air having a dielectric constant of 1 (with the holes 131, 133 and no vacuum or other gas to be sealed, air would be filled by the environment with the corresponding dielectric constant of 1).
8. The filter of claim 1, wherein the base plate, after folding, comprises: a body bottom forming panel (102) that forms a bottom surface of the cavity; a first-side thickness forming panel (104) and a second-side thickness forming panel (114) that increase a size of the cavity in a thickness direction; a resonator panel (panel section with resonators) provided with a plurality of resonators (110) that protrude into the cavity at a position corresponding to space above the body bottom forming panel; and a body top forming panel (112) provided in a shape covering a top of the cavity (see Figs. 1-3).
9. The filter of claim 8, wherein the base plate, after folding, further comprises a first-side shielding panel (106) and a second-side shielding panel (108) that shield a first longitudinal end and a second longitudinal end of the cavity (see Figs. 1-3).
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) 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeo WO 2020/027355 in view of Skiebe US 11,245,167.
4, 5. Yeo discloses the invention as discussed above, including the resonance characteristic end (110c) of each of the plurality of resonators is integrally from a leading end (110a-5) of the remaining portion, but does not disclose for claim 4: integrally formed to extend to be rounded from the leading end; for claim 5: the resonance characteristic end integrally extends in a “U” shape that surrounds the leading end.
Skiebe exemplarily discloses a plurality of resonators (Figs. 4D,E; item 6, 6a) having the resonance characteristic end (9) of each of the plurality of resonators is integrally formed to extend to be rounded (Fig. 4E item 9) the from a leading end (end of rectangular sections of 7a-7n) of the remaining portion or integrally extends in a “U” shape (Fig. 4D item 9) that surrounds the leading end (end of rectangular sections of 7a-7n).
At the time of the filing, it would have been obvious to one of ordinary skill in the art to have made the resonance characteristic end integrally formed to extended to be rounded from the leading end. The modification would have been obvious as art-recognized alternatives as taught by Skiebe (Figs. 1, 4A-J; Col. 9 lines 40-42, Col. 10 lines 29-44) useable thereof.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeo WO 2020/027355 in view of Fu US 12,463,313.
5. Yeo discloses the invention as discussed above, including the resonance characteristic end (110c) of each of the plurality of resonators is integrally from a leading end (110a-5) of the remaining portion, but does not disclose the resonance characteristic end integrally extends in a “U” shape that surrounds the leading end.
Fu exemplarily discloses a plurality of resonators (Fig. 1a item 121-126), wherein a resonance characteristic end of each of the plurality of resonators is integrally extends in a “U” shape that surrounds the leading end of the remaining portion (Fig. 1b).
At the time of the filing, it would have been obvious to one of ordinary skill in the art to have made the resonance characteristic end integrally extends in a “U” shape that surrounds the leading end. The modification would have been obvious as art-recognized alternatives as taught by Fu (Fig. 1b, Col. 4 line 60) useable thereof.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yeo WO 2020/027355 in view of West US 5,225,799.
10. Yeo discloses the invention as discussed above, but does not disclose the base plate, after folding, further comprises a notch forming panel provided between the body top forming panel and the plurality of resonators of the resonator panel.
West discloses a filter (Figs. 1-7, etc.) comprising: a base plate (74), after folding, further comprises a notch forming panel (24) provided between a body top forming panel (156) and a plurality of resonators (140-146 of the resonator panel (see Fig. 4).
At the time of the filing, it would have been obvious to one of ordinary skill in the art to have added a notch forming panel provided between the body top forming panel and the plurality of resonators of the resonator panel. The modification would have been obvious because the notch panel can provide further tuning as taught by West (Col. 4 line 64 – Col. 5 line 2) useable thereof.
Allowable Subject Matter
Claim 11 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 ALAN WONG whose telephone number is (571)272-3238. The examiner can normally be reached M-F: 10am - 7:00pm.
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/A.W/Examiner, Art Unit 2843
/ANDREA LINDGREN BALTZELL/Supervisory Patent Examiner, Art Unit 2843
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