CTNF 19/110,085 CTNF 96836 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Priority Acknowledgment is made that this application is a 35 USC 371 national phase filing of International Application No. PCT/EP2022/079813, filed October 25, 2022. Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/09/2025 has been considered by the examiner. Drawings 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 features must be shown or the features would be canceled from the claims: Claim 10 recites “the slot extending in the second layer, in particular in the second substrate or the metal sheet” but there is no drawings showing the slot 48 extending in the second layer 20 or the metal sheet. Moreover it is not clear what metal sheet the claim is reciting. 06-22 No new matter should be entered. 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. Claim Objections 07-29-01 AIA Claim s 1-2, 6-9, 11, 13, 17 and 19 are objected to because of the following informalities: Claim 1: It is not clear where the preamble of the claim ends, Examiner suggests adding the colon “:” after the word “comprising”. Claims 1, 6-7, 11 and 19: “the radiators” should read “the plurality of radiators”. Claims 1-2, 8-9, 13 and 17: “the delay line” should read “the at least one delay line” . Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 1-20 are 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 1 recites the limitation "wherein the radiators are mounted at the front side of the first layer to the first layer " in lines 8-9 which renders the claim indefinite. There is insufficient antecedent basis for the limitation “the front side” in the claim. It is not clear what “mounted at the front side of the first layer to the first layer” means. For the purpose of examination, Examiner interprets the claim as best understood. Claim 1 recites the limitation "the reflector for the radiators is provided by the first layer, the second layers and/or the third layer" in lines 9-10 which renders the claim indefinite. It is not clear what the metes and bounds of the claimed subject matter are. Similar rejections would be applied to claims 4-5, 7, 9, 11, 13 and 16. Claims 2-20 inherit the indefiniteness of claim 1 and are subsequently rejected. Claim 6 recites the limitation "wherein the first layer comprises a first substrate and distribution lines on the front surface of the first substrate" in lines 2-3 which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim. For the purpose of examination, Examiner interprets the claim as best understood. Claim 7 recites the limitation "wherein the first layer comprises a first ground plane, in particular on the rear surface of the first substrate ” in lines 2-3 which renders the claim indefinite. There is insufficient antecedent basis for the limitations in the claim. For the purpose of examination, Examiner interprets the claim as best understood. Claim 8 recites the limitation "the delay line is located on the front side of the third substrate ” in lines 3-4 which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim. For the purpose of examination, Examiner interprets the claim as best understood. Claim 9 recites the limitation "the third layer comprises a third ground plane, in particular at the rear surface of the third substrate ” in lines 2-3 which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim. For the purpose of examination, Examiner interprets the claim as best understood. Claim 10 recites the limitation "wherein a slot is provided, the slot extending in the third layer, in particular in the third substrate , in the direction of motion as well as from the cavity vertically rearwards through the third layer, or the slot extending in the second layer, in particular in the second substrate or the metal sheet, from the cavity transversally” in lines 2-6 which renders the claim indefinite. There is insufficient antecedent basis for the limitations in the claim. For the purpose of examination, Examiner interprets the claim as best understood. Claim 11 recites the limitation "wherein the faces of the second substrate defining the cutout are provided with a grounded conductive wall, in particular a metallization, and/or wherein a plurality of grounded vias are provided in the second substrate, the plurality of vias being arranged around the cutout with a distance between adjacent vias smaller or equal than one eighth of the wavelength of the average frequency of the design frequency range of the radiators” in lines 2-8 which renders the claim indefinite. There is insufficient antecedent basis for the limitations in the claim. For the purpose of examination, Examiner interprets the claim as best understood. Claim 12 recites the limitation " wherein, with respect to the transverse direction , the shifting portion comprises a middle section and two outer sections , wherein the outer section have a rear end extending further to the rear than the middle section, in particular wherein the rear ends of the outer sections have a curved contour” in lines 2-8 which renders the claim indefinite. There is insufficient antecedent basis for the limitations “the transverse direction” and “the rear” in the claim. It is not clear what transverse direction is, if the outer section is one of the two outer sections previously recited and how “a rear end” becomes “the rear ends”. For the purpose of examination, Examiner interprets the claim as best understood. Claim 13 recites the limitation "an insulating material transversally besides the delay lines ” in lines 3-4 which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim. It is not clear how these delay lines relate to the at least one delay line recited in claim 1. For the purpose of examination, Examiner interprets the claim as best understood. Claim 14 recites the limitation "wherein the antenna comprises an actuating mechanism, in particular located at the rear side of the third layer” in lines 2-3 which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim. For the purpose of examination, Examiner interprets the claim as best understood. Claim 17 recites the limitation "wherein the delay line is located next to the slot ” in lines 2which renders the claim indefinite. There is insufficient antecedent basis for the limitation in the claim. For the purpose of examination, Examiner interprets the claim as best understood. Claim 18 recites the limitation "wherein at least two delay lines are provided in the vertical projection of the cavity and the shifting device comprises two shifting portions, wherein the slot is located between the two delay lines with respect to the direction of motion” in lines 2-3 which renders the claim indefinite. It is not clear how these at least two delay lines relate to the at least one delay line recited in claim 1. There is insufficient antecedent basis for the limitations “the slot” and “the two delay lines” in the claim. For the purpose of examination, Examiner interprets the claim as best understood. Claim 19 recites the limitation "wherein the antenna comprises a plurality of cavities and a plurality of phase shifters ” in lines 2-3 which renders the claim indefinite. It is not clear how these plurality of cavities and plurality of phase shifters relate to the cavity and at least one phase shifter recited in claim 1. For the purpose of examination, Examiner interprets the claim as best understood. Claim 20 recites the limitation "wherein the antenna comprises a plurality of cavities and a plurality of phase shifters , wherein the actuation portions of two, more than two or all of the shifting devices is attached to a single driving structure, in particular at the rear side of the third layer, the driving structure being movable linearly in the direction of motion by an actuator” in lines 2-6 which renders the claim indefinite. It is not clear how these plurality of cavities and plurality of phase shifters relate to the cavity and at least one phase shifter recited in claim 1. There is insufficient antecedent basis for the limitations “the actuation portions” and “the shifting devices” in the claim. For the purpose of examination, Examiner interprets the claim as best understood. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim s 1-2, 4, 7-10, 13-18 and 20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Naoki et al, JP-2017152793-A (hereinafter Naoki) . Regarding claim 1 , as best understood, Naoki discloses the following: an antenna, in particular for a mobile communication cell site, comprising a plurality of radiators (131, 132, fig. 2b), a reflector for the radiators (32, page 3, para 4), a first layer (32, figs. 7, 9), a second layer (layer comprising reinforcing member 38), a third layer (20, 31), and at least one phase shifter (10, fig. 1) with at least one delay line (2a, 2b, fig. 5a) and a shifting device (3b); wherein the first layer (32), the second layer (layer comprising reinforcing members 38) and the third layer (20, 31) extend parallel to one another, the second layer being located between the first layer and the third layer (figs. 7, 9); wherein the radiators (131, 132, fig. 2) are mounted at the front side of the first layer (32) to the first layer, and the reflector for the radiators is provided by the first layer (32, page 3, para 4), the second layers and/or the third layer; wherein the second layer (layer comprising reinforcing member 38, figs. 7, 9) comprises a cutout extending vertically through the second layer (fig. 9: the cutout between members 38a and 38b before shifting device 3b 1 is inserted), the cutout being closed to the front by the first layer (32) and to the rear by the third layer (20) forming a cavity (fig. 9); wherein the delay line (2a, 2b, figs. 5a, 6) is arranged within a vertical projection of the cavity (the shifting device 3a/3b are inserted, figs. 5,9); and wherein the shifting device comprises an actuation portion (36, fig. 9) and a shifting portion (3a/3b), the shifting portion (3a/3b) being arranged in the cavity (fig. 9) covering the delay line at least partly (2a, 2b, fig. 5a) and being movably with respect to the delay line in a direction of motion (page 5, para 2). PNG media_image1.png 502 484 media_image1.png Greyscale Regarding claim 2, Naoki discloses wherein the delay line (2a, fig. 9) is located in the cavity (the cutout between members 38a and 38b before shifting device 3b are inserted), at the first layer on the side of the first layer facing the cavity, or at the third layer (20) on the side of the third layer facing the cavity (fig. 9). Regarding claim 4, as best understood, Naoki discloses wherein the first layer comprises a first substrate, the third layer (20, fig. 9) comprises a third substrate (page 5, para 2) and/or the second layer comprises a second substrate or a metal sheet. Regarding claim 7, as best understood, Naoki discloses wherein the first layer (32, fig. 9) comprises a first ground plane, in particular on the rear surface of the first substrate, wherein the first ground plane providing the reflector (page 3, para 4) for the radiators (131, 132) and/or covering the cutout of the second layer vertically. Regarding claim 8, as best understood, Naoki discloses wherein the at least one delay line (2a, 2b, fig. 5a) is located at the third layer (20), in particular wherein the third layer comprises a third substrate (20) and the delay line (2a, 2b) is located on the front side of the third substrate (page 4, last para). Regarding claim 9, as best understood, Naoki discloses wherein the third layer comprises a third ground plane (31, fig. 9), in particular at the rear surface of the third substrate (20), the third ground plane covering the cutout of the second layer and/or the delay line (2a) vertically. Regarding claim 10, as best understood, Naoki discloses wherein a slot is provided, the slot extending in the third layer (20a in substrate 20, fig. 5b or a slot in layer 31 for the actuation portion 36 moving corresponding to the movement of the drive rod 42, page 6, para 5), in particular in the third substrate, in the direction of motion as well as from the cavity vertically rearwards through the third layer (figs. 3, 5b), or the slot extending in the second layer, in particular in the second substrate or the metal sheet, from the cavity transversally, wherein the actuation portion of the shifting device extends from the shifting portion through the slot. Regarding claim 13, as best understood, Naoki discloses wherein the middle section (3b 1 , fig. 9) is located in front of the delay line (2a) and/or the outer section contact the third layer or an insulating material transversally besides the delay lines. Regarding claim 14, as best understood, Naoki discloses wherein the antenna comprises an actuating mechanism (41, 42, fig. 3, page 4, para 1), in particular located at the rear side of the third layer (31), wherein the actuating mechanism (41, 42) is mechanically connected to the actuation portion (page 4, para 1: actuating mechanism comprises motor 41 and drive rod 42 which moves the actuation portion 36, page 6, para 5) of the shifting device and designed such that it is able to move the shifting device (3b) in the direction of motion (page 6, para 5). Regarding claim 15 , Naoki discloses wherein the actuating mechanism comprises an actuator, in particular an electric motor (41, fig. 3), and a driving structure (42) movable linearly in the direction of motion by the actuator (page 4, para 1), wherein the driving structure (42) is attached to the actuation portion (36) of the shifting device (fig. 9, page 6, para 5). Regarding claim 16, as best understood, Naoki discloses wherein the shifting portion (3b, fig. 9) is made of a dielectric material (page 10, para 1) and/or comprises cutouts. Regarding claim 17, as best understood, Naoki discloses wherein the delay line (2a, fig. 5b) is located next to the slot (20a) with respect to the direction of motion. Regarding claim 18, as best understood, Naoki discloses wherein at least two delay lines (2a, fig. 9) are provided in the vertical projection of the cavity and the shifting device comprises two shifting portions (3a, 3b), wherein the slot (fig. 9: a slot in layer 31 for the actuation portion 36 moving corresponding to the movement of the drive rod 42, page 6, para 5) is located between the two delay lines (2a) with respect to the direction of motion. Regarding claim 20, as best understood, Naoki discloses wherein the antenna comprises a plurality of cavities (fig. 9: cavities between members 38a-38b, 37a-37b before shifting devices 3a, 3b are inserted)) and a plurality of phase shifters (10a-10f, fig. 1), wherein the actuation portions of two, more than two or all of the shifting devices (3a, 3b) is attached to a single driving structure (42, fig. 9), in particular at the rear side of the third layer (31), the driving structure being movable linearly in the direction of motion by an actuator (41, page 4, para 1) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Naoki as applied to claim 1 above, and in view of Xu et al, CN-111668577-A (hereinafter Xu) . Regarding claim 3 , Naoki does not disclose wherein the first layer, the second layer, and the third layer electrically shield the cavity. Xu suggests wherein the first layer, the second layer, and the third layer electrically shield the cavity (figs. 1, 2: cavity 2 and the top layer 15 of substrate 1 is made of metal material, page 4, para 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to electrically shield the cavity of the antenna taught in Naoki as suggested in Zu as claimed for the purpose of improving the consistency of the phase shifter (Xu, page 5, 2 nd to last para) in order to improve the antenna’s performance. Regarding claim 11 , as best understood, Naoki does not disclose wherein the second layer comprises a second substrate, in particular a PCB, wherein the faces of the second substrate defining the cutout are provided with a grounded conductive wall, in particular a metallization, and/or wherein a plurality of grounded vias are provided in the second substrate, the plurality of vias being arranged around the cutout with a distance between adjacent vias smaller or equal than one eighth of the wavelength of the average frequency of the design frequency range of the radiators. Xu suggests wherein the second layer comprises a second substrate, in particular a PCB, wherein the faces of the second substrate defining the cutout are provided with a grounded conductive wall, in particular a metallization (page 4, para 5: shielding cavity 2 can be made of insulating material, the inner surface is coated with the first metal layer). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cutout of the antenna taught in Naoki with a grounded conductive wall as suggested in Zu as claimed for the purpose of improving the consistency of the phase shifter (Xu, page 5, 2 nd to last para) in order to improve the antenna’s performance . 07-21-aia AIA Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Naoki as applied to claim 1 above, and in view of Wu et al, CN-215070343-U (hereinafter Wu) . Regarding claim 5 , as best understood, Naoki does not disclose wherein insulating material, in particular a solder stop mask, is provided between the first layer and the second layer and/or between the second layer and the third layer. Wu suggests wherein insulating material, in particular a solder stop mask (181, 182, fig. 2), is provided between the first layer and the second layer and/or between the second layer and the third layer (page 6, para 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide solder stop mask as suggested in Wu to the antenna taught in Naoki as claimed for the purpose of isolating the two circuits or two metal surfaces in order to prevent the electrical connection (Wu, page 6, para 2) to maintain the antenna’s performance . 07-21-aia AIA Claim s 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Naoki as applied to claim 1 above, and in view of Qiu et al, CN-213150979-U (hereinafter Qiu) . Regarding claim 6, as best understood, Naoki discloses the distribution lines (14a-14c, fig. 1) being connected to the radiators (13a-13h). Naoki does not disclose wherein the first layer comprises a first substrate and distribution lines on the front surface of the first substrate. Qiu suggests wherein the first layer comprises a first substrate (1, fig. 10) and distribution lines (2) on the front surface of the first substrate. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a first substrate and distribution lines as suggested in Qiu to the antenna taught in Naoki as claimed for the purpose of simplifying the manufacturing process, troubleshooting and maintenance. Regarding claim 12, as best understood, Naoki does not disclose wherein, with respect to the transverse direction, the shifting portion comprises a middle section and two outer sections, wherein the outer section have a rear end extending further to the rear than the middle section, in particular wherein the rear ends of the outer sections have a curved contour. Qiu suggests wherein, with respect to the transverse direction, the shifting portion (41, fig. 9) comprises a middle section and two outer sections, wherein the outer section have a rear end extending further to the rear than the middle section, in particular wherein the rear ends of the outer sections have a curved contour (fig. 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide curved contour as suggested in Qiu to the shifting portion of the antenna taught in Naoki as claimed for the purpose of improving the anesthetic look of the design and being able to fit the shifting portion inside the limited space of the cavity . 07-21-aia AIA Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Naoki as applied to claim 1 above, and in view of Zhang et al, US-20230420843-A1 (hereinafter Zhang) . Regarding claim 19, as best understood, Naoki discloses wherein the antenna comprises a plurality of cavities and a plurality of phase shifters. Naoki does not disclose wherein the radiators are arranged in columns (fig. 3) parallel to the direction of motion, in particular wherein the cavities and shifting portions (10) are located between the radiators of adjacent columns (fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cavities and shifting portions of the antenna taught in Naoki between the radiators of adjacent columns as suggested in Zhang for the purpose of adjusting the phase of each column tilting different angles simultaneously in order to orient the beam to the desired direction. Citation of Pertinent Art Heiniger et al, US-7274331-B2 – movable phase shifter Deng et al, US-20080309568-A1 – movable phase shifter Wu et al, WO-2014094202-A1 – movable phase shifter Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH N HO whose telephone number is (571)272-4657. The examiner can normally be reached M-F 8:00-5:00. 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 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. 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. /DAMEON E LEVI/Supervisory Patent Examiner, Art Unit 2845 /ANH HO/Examiner, Art Unit 2845 Application/Control Number: 19/110,085 Page 2 Art Unit: 2845 Application/Control Number: 19/110,085 Page 3 Art Unit: 2845 Application/Control Number: 19/110,085 Page 4 Art Unit: 2845 Application/Control Number: 19/110,085 Page 5 Art Unit: 2845 Application/Control Number: 19/110,085 Page 6 Art Unit: 2845 Application/Control Number: 19/110,085 Page 7 Art Unit: 2845 Application/Control Number: 19/110,085 Page 8 Art Unit: 2845 Application/Control Number: 19/110,085 Page 9 Art Unit: 2845 Application/Control Number: 19/110,085 Page 10 Art Unit: 2845 Application/Control Number: 19/110,085 Page 11 Art Unit: 2845 Application/Control Number: 19/110,085 Page 12 Art Unit: 2845 Application/Control Number: 19/110,085 Page 13 Art Unit: 2845
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