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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 30, 2025, February 20, 2025 and April 07, 2026, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Pending Claims
Acknowledgment is made of the preliminary amendment submitted on January 30, 2025, in which claims 1-5, 7-12, 21-23, 25, 27, 28, and 45-49 are present in the application.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show
a fastener 729, see specifications, page 23, paragraph 00145, line 4.
as described in the specification.
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Claim Objections
Applicant is advised that should claim 45 be found allowable, claim 49 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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, 3, 5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20210305717 by XiaoHua Hou et al. (hereinafter Hou et al.).
Regarding claim 1, Hou et al. teaches A base station antenna assembly (¶ 0307, fig. 3A-3B [100]), comprising:
a housing (¶ 0308, fig. 3A-3B [100h]) of a base station antenna comprising a passive antenna assembly (¶ 0311, fig. 3A-3B [190]) and a passive reflector (¶ 0324, fig. 7 [170]) in the housing;
a plurality of passive antenna mounting brackets coupled to the housing and configured to attach to a mounting structure (fig. 11A [300] annotated hereinbelow); and
an active antenna module (¶ 0309, fig. 3A-3B [110]) comprising at least one active antenna mounting bracket configured to directly attach to the mounting structure (¶ 0402, fig. 11D [300] annotated hereinbelow; fig. 15 [616]), wherein, in an installed position, the active antenna module is behind the housing of the base station antenna (fig. 11D [300] annotated hereinbelow).
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Regarding claim 3, Hou et al. teaches wherein the at least one active antenna mounting bracket comprises at least one mounting arm that extends rearwardly of a rear of the active antenna module to the mounting structure (fig. 11D [300] annotated hereinbelow).
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Regarding claim 5, Hou et al. teaches wherein the active antenna module comprises a massive multiple input multiple output (mMIMO) antenna array of radiating elements (¶ 0309, massive MIMO array).
Regarding claim 8, Hou et al. teaches wherein the plurality of passive antenna mounting brackets are configured to provide an adjustable downtilt of the housing (¶ 0475-0476, fig. 41B).
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) 2, 9-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hou et al. in view of CN 210723313 U (See attached translation for the following citation) by En-dong Tong et al. (hereinafter Tong et al.).
Regarding claim 2, Hou et al. does not explicitly teach wherein the active antenna module is independently attachable to the mounting structure whereby the active antenna module is directly supported by the mounting structure.
However, Tong et al. teaches wherein the antenna module is independently attachable to the mounting structure whereby the antenna module is directly supported by the mounting structure (¶ 0038, fig. 1-3).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the antenna module is independently attachable to the mounting structure whereby the antenna module is directly supported by the mounting structure as taught by Tong et al. in the base station antenna assembly of Hou et al. for the benefit of providing a bracket for the independent mounting of an active antenna (Tong et al., ¶ 0008-0009).
Regarding claim 9, Hou et al. teaches wherein the at least one active antenna mounting bracket is configured to provide an adjustable downtilt of the active antenna module (fig. 11D annotated hereinbelow).
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Hou et al. does not explicitly teach wherein the at least one active antenna mounting bracket is provided as a plurality of active antenna mounting brackets that are configured to provide an adjustable downtilt of the active antenna module.
However, However, Tong et al. teaches wherein the at least one active antenna mounting bracket is provided as a plurality of active antenna mounting brackets that are configured to provide an adjustable downtilt of the active antenna module (¶ 0012, fig. 1-3).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the at least one active antenna mounting bracket is provided as a plurality of active antenna mounting brackets that are configured to provide an adjustable downtilt of the active antenna module as taught by Tong et al. in the base station antenna assembly of Hou et al. for the benefit of allowing the active antenna unit to be attached to the mounting structure and the tilt angle to be adjusted (Tong et al., ¶ 0012).
Regarding claim 10, Hou et al. teaches wherein the plurality of passive antenna mounting brackets are configured to provide an adjustable downtilt of the housing (¶ 0475-0476, fig. 41B), and wherein the at least one active antenna mounting bracket is configured to provide an adjustable downtilt of the active antenna module (fig. 11D annotated hereinbelow).
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Hou et al. does not explicitly teach and wherein the at least one active antenna mounting bracket is a plurality of active antenna mounting brackets that are configured to provide an adjustable downtilt of the active antenna module.
However, However, Tong et al. teaches and wherein the at least one active antenna mounting bracket is a plurality of active antenna mounting brackets that are configured to provide an adjustable downtilt of the active antenna module (¶ 0012, fig. 1-3).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the at least one active antenna mounting bracket is a plurality of active antenna mounting brackets that are configured to provide an adjustable downtilt of the active antenna module as taught by Tong et al. in the base station antenna assembly of Hou et al. for the benefit of allowing the active antenna unit to be attached to the mounting structure and the tilt angle to be adjusted (Tong et al., ¶ 0012).
Regarding claim 12, Hou et al. teaches wherein the plurality of passive antenna mounting brackets comprise mounting arms having a first length in a front to back direction (fig. 18 annotated hereinbelow), wherein the at least one active antenna mounting bracket comprises mounting arms having a second length in a front to back direction (fig. 18 annotated hereinbelow), wherein the mounting arms of the at least one active antenna mounting bracket extends from a rear of the active antenna module to the mounting structure (fig. 18 annotated hereinbelow), and wherein the first length is greater than the second length (fig. 18 annotated hereinbelow).
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Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hou et al. in view of US 20240213650 by Dongmin Wang et al. (hereinafter Wang et al.).
Regarding claim 4, Hou et al. teaches wherein the plurality of passive antenna mounting brackets comprise a first passive antenna mounting bracket and a longitudinally spaced apart second passive antenna mounting bracket (fig. 18 annotated hereinbelow).
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Hou et al. does not explicitly teach wherein the at least one active antenna mounting bracket and the active antenna module resides between the first and second passive antenna mounting brackets.
However, Wang et al. teaches wherein the at least one active antenna mounting bracket (fig. 14C [1501’, 1502’] annotated hereinbelow) and the active antenna module (fig. 14C [110’] annotated hereinbelow) resides between the first and second passive antenna mounting brackets (fig. 14C annotated hereinbelow).
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It would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the at least one active antenna mounting bracket and the active antenna module resides between the first and second passive antenna mounting brackets as taught by Wang et al. in the base station antenna assembly of Hou et al. for the benefit of streamlining space and optimizing weight balance.
Claim(s) 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hou et al. in view of CN 116154451 A (See attached translation for the following citation) by Mei-hua Yin et al. (hereinafter Yin et al.).
Regarding claim 7, Hou et al. does not explicitly teach wherein the plurality of passive antenna mounting brackets are configured to be adjustable to provide an adjustable distance between the active antenna module and a rear of the housing.
However, Yin et al. teaches wherein the plurality of passive antenna mounting brackets are configured to be adjustable to provide an adjustable distance between the active antenna module (fig. 13 [11] annotated hereinbelow) and a rear of the housing (fig. 13 annotated hereinbelow).
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It would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the plurality of passive antenna mounting brackets are configured to be adjustable to provide an adjustable distance between the active antenna module and a rear of the housing as taught by Yin et al. in the base station antenna assembly of Hou et al. for the benefit of allowing the installer to install the antennas with very little effort (Yin et al., ¶ 0071).
Regarding claim 11, Hou et al. does not explicitly teach wherein the plurality of passive antenna mounting brackets and/or the at least one active antenna mounting bracket are configured to be adjustable to adjust a distance between a front of the active antenna module and a rear of the housing.
However, Yin et al. teaches wherein the plurality of passive antenna mounting brackets are configured to be adjustable to adjust a distance between a front of the active antenna module (fig. 13 [11] annotated hereinbelow) and a rear of the housing (fig. 13 annotated hereinbelow).
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It would have been obvious to one having ordinary skill in the art at the time the invention was made to include wherein the plurality of passive antenna mounting brackets are configured to be adjustable to adjust a distance between a front of the active antenna module and a rear of the housing as taught by Yin et al. in the base station antenna assembly of Hou et al. for the benefit of allowing the installer to install the antennas with very little effort (Yin et al., ¶ 0071).
Claim(s) 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210321486 by Ali Mirza et al. (hereinafter Mirza et al.). in view of US 20010046258 by Andrew Charles Furlong Wise et al. (hereinafter Wise et al.).
Regarding claim 21, Mirza et al. teaches A base station antenna assembly (fig. 1 [110]), comprising:
a housing (fig. 17 annotated hereinbelow) of a base station antenna comprising an antenna assembly (¶ 0041-0042, fig. 17 [202] annotated hereinbelow); and
a plurality of antenna mounting brackets coupled to the housing and configured to attach to a mounting structure (fig. 17 annotated hereinbelow), the plurality of antenna mounting brackets comprise an upper antenna mounting bracket, a middle antenna mounting bracket, and a lower antenna mounting bracket (fig. 17 annotated hereinbelow).
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Mirza et al. does not explicitly teach wherein the middle antenna mounting bracket comprises a rack and pinion assembly configured to adjust a distance of the housing of the base station antenna from the mounting structure.
However, Wise et al. teaches a rack and pinion assembly configured to adjust a distance (¶ 0052, fig. 10 [144, 146]).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to adapt a rack and pinion assembly configured to adjust a distance as taught by Wise et al. in the antenna mounting bracket of Mirza et al. for the benefit of transitioning from one position to another for ease of access (Wise et al., Abstract).
Regarding claim 22, Mirza et al. teaches wherein the middle antenna bracket further comprises a main body having two opposing sidewalls, each sidewall comprising an elongated slot (fig. 15E annotated hereinbelow).
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does not explicitly teach wherein the rack and pinion assembly is coupled to an outer surface of one of the sidewalls.
However, Wise et al. teaches wherein the rack and pinion assembly (fig. 10 [144, 146] annotated hereinbelow) is coupled to an outer surface of one of the sidewalls (fig. 10 annotated hereinbelow).
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It would have been obvious to one having ordinary skill in the art at the time the invention was made to adapt wherein the rack and pinion assembly is coupled to an outer surface of one of the sidewalls as taught by Wise et al. in the antenna mounting bracket of Mirza et al. for the benefit of transitioning from one position to another for ease of access (Wise et al., Abstract).
Regarding claim 23, Mirza et al. does not explicitly teach wherein the pinion of the rack and pinion assembly is held against an outer surface of one of the sidewalls by a fastener extending through the elongated slot, the fastener configured to allow the pinion to rotate relative to the sidewall such that the pinion can travel back-and-forth along the rack.
However, Wise et al. teaches wherein the pinion (fig. 10 [144] annotated hereinbelow) of the rack and pinion assembly (fig. 10 [144, 146] annotated hereinbelow) is held against an outer surface of one of the sidewalls by a fastener extending through the elongated slot (fig. 10 annotated hereinbelow), the fastener configured to allow the pinion to rotate relative to the sidewall such that the pinion can travel back-and-forth along the rack.
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It would have been obvious to one having ordinary skill in the art at the time the invention was made to adapt wherein the pinion of the rack and pinion assembly is held against an outer surface of one of the sidewalls by a fastener extending through the elongated slot, the fastener configured to allow the pinion to rotate relative to the sidewall such that the pinion can travel back-and-forth along the rack as taught by Wise et al. in the antenna mounting bracket of Mirza et al. for the benefit of attaching the pinion against the outer surface of one of the sidewalls and allow it to rotate and move in a linear direction along the rack transitioning from one position to another.
Claim(s) 45-49 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210160705 by Martin L. Zimmerman et al. (hereinafter Zimmerman et al.). in view of US 20210175598 by Michel Dembinski et al. (hereinafter Dembinski et al.).
Regarding claim 45, Zimmerman et al. teaches A base station antenna assembly (fig. 1 [100] annotated hereinbelow), the assembly comprising:
a base station antenna comprising a housing (fig. 1 annotated hereinbelow) containing one or more arrays of radiating elements (fig. 2 [122, 132, 142] annotated hereinbelow), the one or more arrays of radiating elements configured such that an electronic downtilt can be applied to one or more antenna beams formed by the base station antenna (¶ 0051).
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Zimmerman et al. does not explicitly teach and an antenna mount assembly coupled to the housing and configured to attach the base station antenna to a mounting structure, the antenna mount assembly configured to adjust the base station antenna to a desired angle of tilt relative to the mounting structure.
However, Dembinski et al. teaches and an antenna mount assembly (fig. 4 [226, 230] annotated hereinbelow) coupled to the housing (fig. 4 annotated hereinbelow) and configured to attach the base station antenna to a mounting structure (fig. 4 [110, 220] annotated hereinbelow), the antenna mount assembly configured to adjust the base station antenna to a desired angle of tilt relative to the mounting structure (¶ 0046, fig. 4 annotated hereinbelow).
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It would have been obvious to one having ordinary skill in the art before the invention was effectively filed to provide an antenna mount assembly coupled to the housing and configured to attach the base station antenna to a mounting structure, the antenna mount assembly configured to adjust the base station antenna to a desired angle of tilt relative to the mounting structure as taught by Dembinski et al. in the base station antenna assembly of Zimmerman et al. for the benefit of tilting the base station antenna assembly to the desired angle of inclination (Dembinski et al., Abstract).
Regarding claim 46, Zimmerman et al. does not explicitly teach wherein the antenna mount assembly is configured to adjust the base station antenna to a desired angle of uptilt.
However, Dembinski et al. teaches wherein the antenna mount assembly is configured to adjust the base station antenna to a desired angle of uptilt (¶ 0046, fig. 4, 11-12).
It would have been obvious to one having ordinary skill in the art before the invention was effectively filed to provide wherein the antenna mount assembly is configured to adjust the base station antenna to a desired angle of uptilt as taught by Dembinski et al. in the base station antenna assembly of Zimmerman et al. for the benefit of tilting the base station antenna assembly to the desired angle of inclination (Dembinski et al., Abstract).
Regarding claim 47, Zimmerman et al. does not explicitly teach wherein the antenna mount assembly is configured to adjust the base station antenna to a desired angle of downtilt.
However, Dembinski et al. teaches wherein the antenna mount assembly is configured to adjust the base station antenna to a desired angle of downtilt (¶ 0046, fig. 4, 11-12).
It would have been obvious to one having ordinary skill in the art before the invention was effectively filed to provide wherein the antenna mount assembly is configured to adjust the base station antenna to a desired angle of downtilt as taught by Dembinski et al. in the base station antenna assembly of Zimmerman et al. for the benefit of tilting the base station antenna assembly to the desired angle of inclination (Dembinski et al., Abstract).
Regarding claim 48, Zimmerman et al. does not explicitly teach wherein the antenna mount assembly is configured to be manually adjusted to the desired angle of tilt.
However, Dembinski et al. teaches wherein the antenna mount assembly is configured to be manually adjusted to the desired angle of tilt (¶ 0064, fig. 4, 11-12).
It would have been obvious to one having ordinary skill in the art before the invention was effectively filed to provide wherein the antenna mount assembly is configured to be manually adjusted to the desired angle of tilt as taught by Dembinski et al. in the base station antenna assembly of Zimmerman et al. for the benefit of manually tilting the base station antenna assembly to the desired angle of inclination (Dembinski et al., Abstract).
Regarding claim 49, Zimmerman et al. teaches A base station antenna assembly (fig. 1 [100] annotated hereinbelow), the assembly comprising:
a base station antenna comprising a housing (fig. 1 annotated hereinbelow) containing one or more arrays of radiating elements (fig. 2 [122, 132, 142] annotated hereinbelow), the one or more arrays of radiating elements configured such that an electronic downtilt can be applied to one or more antenna beams formed by the base station antenna (¶ 0051).
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Zimmerman et al. does not explicitly teach and an antenna mount assembly coupled to the housing and configured to attach the base station antenna to a mounting structure, the antenna mount assembly configured to adjust the base station antenna to a desired angle of downtilt or a desired angle of uptilt relative to the mounting structure.
However, Dembinski et al. teaches and an antenna mount assembly (fig. 4 [226, 230] annotated hereinbelow) coupled to the housing (fig. 4 annotated hereinbelow) and configured to attach the base station antenna to a mounting structure (fig. 4 [110, 220] annotated hereinbelow), the antenna mount assembly configured to adjust the base station antenna to a desired angle of downtilt or a desired angle of uptilt relative to the mounting structure (¶ 0046, fig. 4 annotated hereinbelow).
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It would have been obvious to one having ordinary skill in the art before the invention was effectively filed to provide an antenna mount assembly coupled to the housing and configured to attach the base station antenna to a mounting structure, the antenna mount assembly configured to adjust the base station antenna to a desired angle of downtilt or a desired angle of uptilt relative to the mounting structure as taught by Dembinski et al. in the base station antenna assembly of Zimmerman et al. for the benefit of tilting the base station antenna assembly to the desired angle of inclination (Dembinski et al., Abstract).
Additional Comments
Examiner’s note - Regarding recitations throughout the claims 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.).
Allowable Subject Matter
Claims 25, 27 and 28 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.
Regarding dependent claim 25 the pertinent prior art, when taken alone or, in combination, cannot be reasonably construed as adequately teaching or suggesting the combination of elements and features of “wherein the middle antenna mounting bracket further comprises a brake slider configured to engage the pinion of the rack and pinion assembly to lock the pinion in a position along the rack.” as arranged, disposed, or provided in the manner as claimed by the Applicant.
Claims 27-28 depend therefrom and are included in the allowable subject matter.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20210218156 by Sammit Patel et al.
US 20210194109 by Shuguang Shao et al.
US 20210195687 by Sammit Patel et al.
US 20200185827 by Amit Kaistha et al.
US 20160043515 by Julian R. Colapietro et al.
US 20140179244 by Julian R. Colapietro et al.
US 20130221182 by Ian Thomas Renilson et al.
US 20240113419 by Xiang Lin et al.
US 20210066779 by Shital Sawant Udagave 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
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