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.
Claims 1-14 and 16-17 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.
Regarding claims 1-2, 4-5, 7-9, 13-14, the phrase "in particular" renders the claim indefinite because the claim includes elements not actually disclosed (those encompassed by "in particular"), thereby rendering the scope of the claim unascertainable.
Regarding claim 1, “the filter unit cells comprising a first arm, a second arm, an inductive line and a capacitor” renders the claimed indefinite. It is not clear how the filter unit cells (in plurality) comprising a first arm, a second arm, an inductive line and a capacitor. For examination purpose, it is interpreted as “each of the filter unit cells comprising a first arm, a second arm, an inductive line and a capacitor” as described in Figures 3-4 of specification.
Claims 3, 6, 10-12 are rejected for being dependent on claim 1.
Regarding claim 10, the limitation “wherein the filter unit cells of the same spatial filter are arranged on the same surface or layer of the filter carrier” renders the claim indefinite because there is lack of antecedent basis for “the same spatial filter” and “the same surface or layer of the filter carrier”. For examination purpose, it is interpreted as “wherein the filter unit cells of the spatial filter are arranged on a surface or layer of the filter carrier”.
Regarding claim 11, the limitation “wherein the filter carrier has at least two surfaces or layers, wherein the filter unit cells of the same spatial filter are arranged on both of the surfaces or layers and/or the conductor of the same spatial filter is arranged on both surfaces or layers” renders the claimed indefinite because there is lack of antecedent basis for “the same spatial filter” in claim.
Regarding claim 12, the limitation “wherein the filter unit cells of the same spatial filter are identical or different from one another” renders the claimed indefinite because there is lack of antecedent basis for “the same spatial filter” in claim. For examination purpose, it is interpreted as “wherein the filter unit cells of the spatial filter are identical or different from one another”.
Regarding claims 16-17, line 9, the limitation “the filter unit cells comprising a first arm, a second arm, an inductive line and a capacitor” renders the claimed indefinite. It is not clear how the filter unit cells (in plurality) comprising a first arm, a second arm, an inductive line and a capacitor. For examination purpose, it is interpreted as “each of the filter unit cells comprising a first arm, a second arm, an inductive line and a capacitor” as described in Figures 3-4 of specification.
Clarifications are required.
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)(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.
Claims 1-6, 8-10 and 12-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shen et al (US 2023/0137645).
Regarding claims 1 and 14, Shen discloses in Figures 1A-1B and 10A-10C, an antenna, in particular for a mobile communication base station, comprising
at least one first radiator (1, Figs. 1A-1B) for a first frequency band,
at least one second radiator (2, Figs. 1A-1B) for a second frequency band and
at least one spatial filter (32, Fig. 10B);
wherein at least one of the at least one spatial filter (32) is a part of the at least one first radiator, at least one of the at least one spatial filter is part of a reflector of the antenna and/or at least one of the at least one spatial filter is part of a tuning element of the antenna; wherein the tuning element is a parasitic decoupling element, in particular arranged above the at least one first radiator, and/or a decoupling element, in particular arranged between adjacent ones of the first radiators.
wherein the at least one spatial filter comprises a conductor (152b, Fig. 10B) and filter unit cells (32) as part of the conductor, the filter unit cells (32, Fig. 10c) comprising a first arm (arm including inductive line 322, see Fig 10C), a second arm (arm including capacitor 321a, 321b, see Fig. 10C), an inductive line (322, Fig. 10c) and a capacitor (321a, 321b),
wherein the inductive line (322) is located in the first arm and the capacitor (321a, 321b) is located in the second arm;
Regarding claims 2-6 as applied to claim 1, Shen discloses in Figures 1A-1C, 10a-10c,
wherein the first arm and the second arm are both electrically connected, in particular galvanically connected, to the conductor;
wherein the filter unit cells are arranged in series on the conductor; wherein the conductor forms a loop, in particular a closed loop;
wherein the inductive line (322) has a wave shape, in particular a sine wave shape or a digital square wave shape;
wherein the capacitor (321a-321b) is a parallel plate capacitor or an interdigital capacitor.
Regarding claim 8, Shen discloses in Figure 10C and par. 0069, wherein the spatial filter (32) comprises or is made of a single metal piece, in particular a stamped sheet metal part.
Regarding claim 9, as applied to claim 1, Shen discloses in Figures 2 and 10C, wherein the spatial filter (32, Fig. 10C) comprises a filter carrier being a dielectric (12, Fig. 2), in particular a foil, a printed circuit board or a thermoplastic part.
Regarding claim 10, as applied to claim 9, Shen discloses in Figure 10B-10C,
wherein the filter unit cells (32) of the same spatial filter are arranged on the same surface or layer of the filter carrier.
Regarding claim 12, as applied to claim 1, Shen discloses in Figure 10B, wherein the filter unit cells of the same spatial filter are identical or different from one another.
Regarding claim 13, as applied to claim 1, Shen discloses
wherein the at least one first radiator comprises at least one, in particular two or four radiating structures, wherein the radiating structures comprise one of the at least one spatial filter, in particular the one of the at least one spatial filter forms the respective radiating structure.
Regarding claim 15, as applied to claim 1, Shen discloses in Figure 1A and par. 0053,
wherein the antenna comprises a plurality of first radiators (1) mounted to the reflector (3, Fig. 1A) forming a first array and/or a plurality of second radiators mounted to the reflector forming a second array.
Regarding claims 16-17, Shen discloses in Figures 1A-1B and 10A-10C, a mobile communication base station or a user device for mobile communication having at least one antenna comprising
at least one first radiator (1, Fig. 1A) for a first frequency band,
at least one second radiator (2, Fig. 1A) for a second frequency band and at least one spatial filter;
wherein at least one of the at least one spatial filter (32, Fig. 10B) is a part of the at least one first radiator (1, Fig. 1A), at least one of the at least one spatial filter is part of a reflector of the antenna and/or at least one of the at least one spatial filter is part of a tuning element of the antenna; wherein the at least one spatial filter comprises a conductor and filter unit cells as part of the conductor, the filter unit cells comprising a first arm, a second arm, an inductive line and a capacitor, wherein the inductive line (322) is located in the first arm and the capacitor(321a, 321b, Fig. 10C) is located in the second arm.
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Shen et al (US 2023/0137645).
Regarding claim 11, Shen discloses every feature of claimed invention as expressly recited in claim 1, except for wherein the filter carrier has at least two surfaces or layers, wherein the filter unit cells of the same spatial filter are arranged on both of the surfaces or layers and/or the conductor of the same spatial filter is arranged on both surfaces or layers. However, such difference is not patentable merit because shifting location of a filter unit cell does not modify operation of the antenna. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the filter unit cells on both surfaces of the filter carrier, since it has been held that rearranging parts of a prior art structure involves only routing skill in the art.
Allowable Subject Matter
Claim 7 is 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.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIEU HIEN T DUONG whose telephone number is (571)272-8980. The examiner can normally be reached 8:00am-4:00pm.
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/DIEU HIEN T DUONG/ Primary Examiner, Art Unit 2845