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 .
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 1-3, 7-9, 11, 13 & 17-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 & 7 of U.S. Patent No. 12,315,988. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims disclose all the limitations as shown in the table below.
Instant Invention
U.S. Patent No. 12,315,988
1. A portable communication device comprising: a housing including a conductive side surface member substantially surrounding a space between a front surface and a rear surface of the portable communication device, wherein the conductive side surface member includes a hole portion, and wherein a dielectric is disposed in the hole portion; and an antenna module including a substrate and an antenna array, wherein the antenna array includes a first antenna and a second antenna and is formed in the substrate, and wherein the antenna module is accommodated in the housing such that a first surface of the substrate is substantially parallel with the conductive side surface member, and that the first antenna and the second antenna face the hole portion.
9. The portable communication device of claim 1, wherein the antenna array is configured to radiate signals in a form of a beam that can pass through the hole portion.
19. The portable communication device of claim 11, wherein the antenna array is configured to radiate signals in a form of a beam that can pass through the hole portion.
1. A portable communication device comprising: a housing comprising:
a front face plate, a rear face plate, and
a conductive side face member substantially surrounding a space between the front face plate and the rear face plate, the conductive side face member including a hole portion substantially filled with a non-conductive material; a first substrate disposed in the housing; a communication processor disposed on the first substrate; and
a first communication device comprising:
a second substrate including a dielectric, wherein a first face of the second substrate faces the hole portion included in the conductive side face member;
a first antenna array disposed on the dielectric of the second substrate to face the hole portion; and a radio frequency integrated circuit (RFIC) disposed on a second face of the second substrate opposite to the first face, wherein the first antenna array is configured to radiate at least part of a beam of radio frequency (RF) signals from the RFIC in a direction toward the hole portion based on a control by the communication processor.
2. The portable communication device of claim 1, wherein each of the first antenna and the second antenna is formed as a patch antenna.
11. A portable communication device comprising: a housing including a conductive side surface member substantially surrounding a space between a front surface and a rear surface of the portable communication device, wherein the conductive side surface member includes a hole portion, and wherein a dielectric is disposed in the hole portion; and an antenna module including a substrate and an antenna array, wherein the antenna array includes a first antenna and a second antenna and is formed in the substrate, wherein the antenna module is accommodated in the housing such that a first surface of the substrate is substantially parallel with the conductive side surface member, and that the first antenna and the second antenna face the hole portion, and wherein each of the first antenna and the second antenna includes a patch antenna.
2. The portable communication device of claim 1, wherein the first antenna array comprises a plurality of patch antennas.
3. The portable communication device of claim 1, further comprising: a radio frequency integrated circuit (RFIC) configured to transmit, to the antenna array, a radio frequency (RF) signal having a frequency band ranging from 20 GHz to 100 GHz.
13. The portable communication device of claim 11, further comprising: a radio frequency integrated circuit (RFIC) configured to transmit, to the antenna array, a radio frequency (RF) signal having a frequency band ranging from 20 GHz to 100 GHz.
3. The portable communication device of claim 1, wherein the RFIC is configured to control the first antenna array such that a frequency band of the RF signals is within a range from 20 GHz to 100 GHz.
8. The portable communication device of claim 1, further comprising: a metal grid through which beams can pass, disposed in the hole portion.
18. The portable communication device of claim 11, further comprising: a metal grid through which beams can pass, disposed in the hole portion.
4. The portable communication device of claim 1, further comprising: a metal grid disposed within the hole portion.
7. The portable communication device of claim 1, further comprising: an intermediate frequency integrated circuit (IFIC) disposed on a substrate, wherein the IFIC is electrically connected to a radio frequency integrated circuit (RFIC) of the antenna module via a flexible printed circuit board (FPCB).
5. The portable communication device of claim 1, further comprising: an intermediate frequency integrated circuit (IFIC) disposed on the first substrate,
wherein the IFIC is electrically connected to the RFIC disposed on the second substrate, and wherein the IFIC is electrically connected to the communication processor disposed on the first substrate.
17. The portable communication device of claim 11, further comprising: an intermediate frequency integrated circuit (IFIC) disposed on a substrate, wherein the IFIC is electrically connected to a radio frequency integrated circuit (RFIC) of the antenna module via a flexible printed circuit board (FPCB).
7. The portable communication device of claim 5, wherein the IFIC disposed on the first substrate is configured to convert baseband signals from the communication processor into intermediate frequency (IF) signals, and wherein the RFIC disposed on the second substrate is configured to convert the IF signals from the IFIC into the RF signals, and transmit the RF signals to the first antenna array.
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.
Claims 1-6, 9-11, 13-16, 19 & 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mow et al. US Patent Application Publication 2018/0026341 (cited by applicant).
Regarding Claim 1, Mow et al. teaches a portable communication device (Figs. 1-3, 7-9) comprising:
a housing (12 Figs. 1, 3,7 Par. 0019, 0022) including a conductive side surface member (side surface member of 12 better seen in Figs. 1, 3, 7) substantially surrounding a space between a front surface (plate of 12 supporting 14 Figs. 1, 7 Par. 0019) and a rear surface of the portable communication device (rear plate of 12 better seen in Figs. 3, 7, 8), wherein the conductive side surface member includes a hole portion, and wherein a dielectric is disposed in the hole portion (“opening 20 (e.g., plastic-filled openings or other dielectric filled openings) may be formed in other metal portions of housing 12 (e.g., front face housing portions on the front face of device 10, sidewall housing portions, rear wall housing portions on the rear face of device 10, etc.)” Par. 0038 Figs. 1, 3, 7, 8); and
an antenna module (40 Fig. 7 Par. 0047) including a substrate (flexible printed circuit substrate area/portion 150A Fig. 7 Par. 0049) and an antenna array (40’ Fig. 7 Par. 0048), wherein the antenna array includes a first antenna and a second antenna and is formed in the substrate (Fig. 7 Par. 0048), and wherein the antenna module is accommodated in the housing such that a first surface of the substrate is substantially parallel with the conductive side surface member (Fig. 7), and that the first antenna and the second antenna face the hole portion (Fig. 7).
Regarding Claim 2, Mow et al. teaches wherein each of the first antenna and the second antenna is formed as a patch antenna (patch antennas Par. 0048).
Regarding Claim 3, Mow et al. teaches further comprising: a radio frequency integrated circuit (RFIC) (46 Fig. 2 Par. 0033, 0050) configured to transmit, to the antenna array, a radio frequency (RF) signal having a frequency band ranging from 20 GHz to 100 GHz (Par. 0033, 0050).
Regarding Claim 4, Mow et al. teaches wherein the RFIC is arranged on the substrate and faces away from the hole portion (Fig. 7).
Regarding Claim 5, Mow et al. teaches wherein the substrate includes a second surface opposite the first surface of the substrate, and wherein the RFIC is arranged on the second surface of the substrate (Fig. 7).
Regarding Claim 6, Mow et al. teaches wherein the RFIC is electrically connected to the antenna array through a conductive via penetrating at least a portion of the substrate (“Antenna traces 40E may be patch antenna resonating elements, dipole antenna elements, or other antenna resonating elements and may be coupled by metal traces such as vias 40V and solder 182 to metal traces in printed circuit 180”).
Regarding Claim 9, Mow et al. teaches wherein the antenna array is configured to radiate signals in a form of a beam that can pass through the hole portion (“Dielectric-filled openings 20 such as plastic-filled openings may be formed in metal portions of housing 12 (e.g., to serve as antenna windows and/or to serve as gaps that separate portions of antennas from each other)” Par. 0022; “openings such as opening 20 may serve as antenna windows for millimeter wave antennas” Par. 0039; “By aligning dipole antennas 40′ (e.g., Yagi antennas or other dipoles) with slot 20, antennas 40′ may transmit and/or receive millimeter wave signals” Par. 0048).
Regarding Claim 10, Mow et al. teaches wherein the dielectric within the hole portion includes an exterior surface to face an outside of the portable communication device (Fig. 7), and an interior surface opposite to the exterior surface, and wherein each of the first antenna and the second antenna faces the interior surface of the dielectric (Fig. 7).
Regarding Claim 11, Mow et al. teaches a portable communication device (Figs. 1-3, 7-9) comprising:
a housing (12 Figs. 1, 3,7 Par. 0019, 0022) including a conductive side surface member (side surface member of 12 better seen in Figs. 1, 3, 7) substantially surrounding a space between a front surface (plate of 12 supporting 14 Figs. 1, 7 Par. 0019) and a rear surface of the portable communication device (rear plate of 12 better seen in Figs. 3, 7, 8), wherein the conductive side surface member includes a hole portion, and wherein a dielectric is disposed in the hole portion (“opening 20 (e.g., plastic-filled openings or other dielectric filled openings) may be formed in other metal portions of housing 12 (e.g., front face housing portions on the front face of device 10, sidewall housing portions, rear wall housing portions on the rear face of device 10, etc.)” Par. 0038 Figs. 1, 3, 7, 8); and
an antenna module (40 Fig. 7 Par. 0047) including a substrate (flexible printed circuit substrate area/portion 150A Fig. 7 Par. 0049) and an antenna array (40’ Fig. 7 Par. 0048), wherein the antenna array includes a first antenna and a second antenna and is formed in the substrate (Fig. 7 Par. 0048), wherein the antenna module is accommodated in the housing such that a first surface of the substrate is substantially parallel with the conductive side surface member (Fig. 7), and that the first antenna and the second antenna face the hole portion (Fig. 7), and
wherein each of the first antenna and the second antenna includes a patch antenna (patch antennas Par. 0048).
Regarding Claim 13, Mow et al. teaches further comprising: a radio frequency integrated circuit (RFIC) (46 Fig. 2 Par. 0033, 0050) configured to transmit, to the antenna array, a radio frequency (RF) signal having a frequency band ranging from 20 GHz to 100 GHz (Par. 0033, 0050).
Regarding Claim 14, Mow et al. teaches wherein the RFIC is arranged on the substrate and faces away from the hole portion (Fig. 7).
Regarding Claim 15, Mow et al. teaches wherein the substrate includes a second surface opposite the first surface of the substrate, and wherein the RFIC is arranged on the second surface of the substrate (Fig. 7).
Regarding Claim 16, Mow et al. teaches wherein the RFIC is electrically connected to the antenna array through a conductive via penetrating at least a portion of the substrate (“Antenna traces 40E may be patch antenna resonating elements, dipole antenna elements, or other antenna resonating elements and may be coupled by metal traces such as vias 40V and solder 182 to metal traces in printed circuit 180”).
Regarding Claim 19, Mow et al. teaches wherein the antenna array is configured to radiate signals in a form of a beam that can pass through the hole portion (“Dielectric-filled openings 20 such as plastic-filled openings may be formed in metal portions of housing 12 (e.g., to serve as antenna windows and/or to serve as gaps that separate portions of antennas from each other)” Par. 0022; “openings such as opening 20 may serve as antenna windows for millimeter wave antennas” Par. 0039; “By aligning dipole antennas 40′ (e.g., Yagi antennas or other dipoles) with slot 20, antennas 40′ may transmit and/or receive millimeter wave signals” Par. 0048).
Regarding Claim 20, Mow et al. teaches wherein the dielectric within the hole portion includes an exterior surface to face an outside of the portable communication device (Fig. 7), and an interior surface opposite to the exterior surface, and wherein each of the first antenna and the second antenna faces the interior surface of the dielectric (Fig. 7).
Claims 7 & 17 are rejected under 35 U.S.C. 103 as being unpatentable over Mow et al. US Patent Application Publication 2018/0026341 (cited by applicant) and Ouyang et al. US Patent Application Publication 2017/0302306 (cited by applicant).
Regarding Claims 7 & 17, Mow et al. teaches a radio frequency integrated circuit (RFIC) of the antenna module (46 Fig. 2 Par. 0033, 0050), a flexible printed circuit board (FPCB) (flexible printed circuit Par. 0050).
Mow et al. is silent on further comprising: an intermediate frequency integrated circuit (IFIC) disposed on a substrate, wherein the IFIC is electrically connected to a radio frequency integrated circuit (RFIC) of the antenna module via a flexible printed circuit board (FPCB).
However, Ouyang et al. teaches a baseband processor connected to the transceiver circuit to convert the intermediate frequency signals to radio-frequency signals for the antennas (Par. 0007, 0048).
In this particular case, providing an IFIC connected to the RFIC and disposed on a substrate is common and well known in the antenna art as evident by Ouyang et al. in order to minimize path losses / attenuations to the antennas (Par. 0007, 0048).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date to provide the RFIC of Mow et al. with an IFIC electrically connected to it based on the teachings of Ouyang et al. as a result effect in order to convert the intermediate frequency signals to radio-frequency signals and minimize path losses / attenuations to the antennas.
Claims 8 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Mow et al. US Patent Application Publication 2018/0026341 (cited by applicant) and Lee et al. US Patent Application Publication 2017/0201014 (cited by applicant).
Regarding Claims 8 & 18, Mow et al. teaches the portable communication device of claim 1 / claim 11 as shown in the rejection above.
Mow et al. is silent on further comprising: a metal grid through which beams can pass, disposed in the hole portion.
However, Lee et al. teaches a metal grid through which beams can pass, disposed in the hole portion (lenses 841 formed from dielectric material within conductive housing material Figs. 18, 19 Par. 0093-0095).
In this particular case, providing a metal grid disposed within the dielectric filled hole portion is common and well known in the antenna art as evident by Lee et al. in order to refract or reflect a wireless signal transmitted/received through the antenna (Par. 0010, 0093-0095).
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date to provide a metal grid through which beams can pass disposed in the hole portion of Mow et al. based on the teachings of Lee et al. as a result effect in order to refract or reflect a wireless signal transmitted/received through the antenna.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Mow et al. US Patent Application Publication 2018/0026341 (cited by applicant) and Hu et al. US Patent Application Publication 2017/0054196.
Regarding Claim 12, Mow et al. teaches the portable communication device of claim 11 as shown in the rejection above.
Mow et al. is silent on wherein the dielectric is formed by an injection molding.
However, Hu et al. teaches forming a dielectric in a housing using injection molding (Par. 0008, 0079).
In this particular case, forming the dielectric by an injection molding is common and well known in the antenna art as evident by Hu et al. due to being low cost and easy to manufacture.
Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date to form the dielectric of Mow et al. by an injection molding based on the teachings of Hu et al. as a result effect due to being low cost and easy to manufacture.
Conclusion
The cited art in PTO-892 was found during the examiner's search, but was not relied upon for this office action. However it is still considered pertinent to the applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL M BOUIZZA whose telephone number is (571)272-6124. The examiner can normally be reached Monday-Friday, 9am-5pm, EST.
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/MICHAEL M BOUIZZA/Examiner, Art Unit 2845
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