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 5/12/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,300,882. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the claimed elements found in the current application are also found in the ‘882 patent. The claimed matter in the current application are also found in the claims of the ‘882 patent.
Application No. 17/205,799 U.S. Patent 12,300,882
1. An antenna assembly, comprising: an antenna stack defining an antenna array; and a radome assembly coupled to the antenna stack, wherein the radome assembly includes a first portion and a second portion, wherein the first portion forms at least a part of the exterior of the antenna assembly and includes a melt-processable fluoropolymer material, wherein the second portion is disposed between the first portion and antenna stack such that the second portion can space the first portion from the antenna stack, and wherein the second portion includes a polymer that is different than the melt-processable fluoropolymer material of the first portion.
1. An antenna assembly comprising: a housing including a radome having at least an outer layer made of a melt-processable fluoropolymer material and a lower enclosure coupled to the radome, wherein the housing defines an internal volume between the radome and the lower enclosure, and wherein the radome defines a first side and a second side, the first side including the outer layer; and an antenna system disposed within the internal volume of the housing, wherein the antenna system includes an antenna layer having a plurality of elements coupled to the antenna layer, and wherein the second side of the radome couples to the antenna layer.
2. The antenna assembly of claim 1, wherein the melt-processable fluoropolymer material includes at least one of ethylene tetrafluoroethylene (ETFE), fluorinated ethylene propylene (FEP), perfluoroalkoxy alkane (PFA), and plasma treated ethylene chlorotrifluoroethylene (ECTFE).
2. The antenna assembly of claim 1, wherein the melt-processable fluoropolymer material includes at least one of ethylene tetrafluoroethylene (ETFE), fluorinated ethylene propylene (FEP), perfluoroalkoxy alkane (PFA), and plasma treated ethylene chlorotrifluoroethylene (ECTFE).
3. The antenna assembly of claim 2, wherein the melt-processable fluoropolymer material is ethylene tetrafluoroethylene (EFTE).
3. The antenna assembly of claim 2, wherein the melt-processable fluoropolymer material is ethylene tetrafluoroethylene (EFTE).
4. The antenna assembly of claim 1, wherein the second portion includes a strengthening material.
4. The antenna assembly of claim 2, wherein at least a portion of the radome is made from a polymer that is different than the melt-processable fluoropolymer material of the outer layer.
5. The antenna assembly of claim 4, wherein the strengthening material is a fiberglass.
5. The antenna assembly of claim 4, wherein the polymer that is different than the melt-processable fluoropolymer material of the outer layer further comprises a strengthening material.
6. The antenna assembly of claim 1, wherein the radome assembly further comprises an ultraviolet (UV) light blocking additive.
6. The antenna assembly of claim 5, wherein the strengthening material is a fiberglass.
7. The antenna assembly of claim 6, wherein the ultraviolet (UV) light blocking additive is titanium dioxide (TiO2).
7. The antenna assembly of claim 2, wherein the radome further comprises an ultraviolet (UV) light blocking additive.
8. The antenna assembly of claim 1, wherein the antenna stack forms a phased array antenna system.
8. The antenna assembly of claim 7, wherein the ultraviolet (UV) light blocking additive is titanium dioxide (TiO2).
9. The antenna assembly of claim 1, wherein the first portion of the radome assembly is coupled to the second portion of the radome assembly with a pressure sensitive adhesive.
9. The antenna assembly of claim 1, wherein the antenna system is a phased array antenna system.
10. The antenna assembly of claim 1, wherein the second portion directly couples to the antenna stack.
10. The antenna assembly of claim 1, wherein the antenna system is a patch antenna system.
11. The antenna assembly of claim 1, wherein the first portion defines a planar surface.
11. The antenna assembly of claim 1, wherein the antenna system is tilted from a horizontal orientation.
12. A housing assembly for an antenna array, the housing comprising: a lower enclosure; and a radome coupled to the lower enclosure such that the lower enclosure and radome define an internal volume for housing the antenna array, wherein the radome includes a first portion that extends along an exterior of the housing assembly such that the first portion is configured to be exposed to an outside environment, and a second portion coupled to the first portion, wherein the first portion includes a melt-processable fluoropolymer material, and the second portion includes a polymer that is different than the melt-processable fluoropolymer material of the first portion.
12. The antenna assembly of claim 1, wherein the outer layer of the radome is formed by extruding the melt-processable fluoropolymer material.
13. The housing assembly of claim 12, wherein the melt-processable fluoropolymer material includes at least one of ethylene tetrafluoroethylene (ETFE), fluorinated ethylene propylene (FEP), perfluoroalkoxy alkane (PFA), and plasma treated ethylene chlorotrifluoroethylene (ECTFE).
13. The antenna assembly of claim 12, wherein the outer layer of the radome is coupled with a radome body portion of the radome using a pressure sensitive adhesive.
14. The housing assembly of claim 13, wherein the melt-processable fluoropolymer material is ethylene tetrafluoroethylene (EFTE).
14. The antenna assembly of claim 12, wherein the outer layer of the radome is coupled with a radome body portion of the radome by activating a first surface of the extruded melt-processable fluoropolymer material for bondability.
15. The housing assembly of claim 12, wherein the second portion includes a strengthening material.
15. An antenna assembly, comprising: a housing including a radome body portion coupled to a lower enclosure, wherein the housing defines an internal volume; a planar surface formed from a melt-processable fluoropolymer material and having a first side configured to be coupled to the radome body portion and a second side configured to be exposed to an environment of the antenna assembly; a pressure sensitive adhesive (PSA) coupled to the first side of the planar surface and configured to couple the first side of the planar surface to the radome body portion; and an antenna layer disposed within the internal volume of the housing, wherein the antenna layer includes a plurality of antenna elements coupled to the antenna layer, and wherein the antenna layer is coupled to the radome body portion.
16. The housing assembly of claim 15, wherein the strengthening material is a fiberglass.
16. The antenna assembly of claim 15, wherein the melt-processable fluoropolymer material includes at least one of ethylene tetrafluoroethylene (ETFE), fluorinated ethylene propylene (FEP), perfluoroalkoxy alkane (PFA), and plasma treated ethylene chlorotrifluoroethylene (ECTFE).
17. The housing assembly of claim 12, wherein the radome further comprises an ultraviolet (UV) light blocking additive.
17. The antenna assembly of claim 15, wherein the melt-processable fluoropolymer material is shaped using extrusion prior to the PSA being coupled to the first side of the planar surface.
18. The housing assembly of claim 17, wherein the ultraviolet (UV) light blocking additive is titanium dioxide (TiO2).
18. An antenna assembly, comprising: a lower enclosure; a radome body portion coupled to the lower enclosure to form at least a part of a housing for the antenna assembly, wherein the lower enclosure and radome body portion define an internal volume; a planar surface formed from a melt-processable fluoropolymer material and having a first side configured to be coupled to the radome body portion and a second side configured to be exposed to an environment of the antenna assembly; and an antenna layer disposed within the internal volume, wherein the antenna layer includes a plurality of antenna elements coupled to the antenna layer, and wherein the antenna layer is coupled to the radome body portion.
19. The housing assembly of claim 12, wherein the first portion of the radome is coupled to the second portion of the radome with a pressure sensitive adhesive.
19. The antenna assembly of claim 18, wherein the melt-processable fluoropolymer material includes at least one of ethylene tetrafluoroethylene (ETFE), fluorinated ethylene propylene (FEP), perfluoroalkoxy alkane (PFA), and plasma treated ethylene chlorotrifluoroethylene (ECTFE).
20. The housing assembly of claim 12, wherein the first portion defines a planar surface.
20. The antenna assembly of claim 18, wherein the radome body portion is made from a polymer that is different than the melt-processable fluoropolymer material.
Conclusion
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply.
Applicant, in preparing the response, should consider fully the entire reference aspotentially teaching all or part of the claimed invention, as well as the context of thepassage as taught by the prior art or disclosed by the Examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E LOTTER whose telephone number is (571)270-7422. The examiner can normally be reached M-F 10am-6pm.
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.
DAVID E. LOTTER
Primary Examiner
Art Unit 2845
/DAVID E LOTTER/Primary Examiner, Art Unit 2845