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 statements (IDS) filed on 6/6/25, 1/14/26, 8/20/26 are fully considered by the examiner.
Response to Amendment
Applicant’s preliminary amendments to claims filed 6/6/25 are fully considered and are entered.
Claims 21-40 remain pending in the application.
Claim Objections
Claims 23 and 33 are objected to because of the following informalities:
In claim 23, in line 1, “plurality of holes comprise” should read –plurality of holes comprises–;
In claim 33, in line 1, “plurality of holes comprise” should read –plurality of holes comprises–.
Appropriate correction is required.
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.
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Claims 21-26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4, 7, 5, 6, 8, and 9 of U.S. Patent No. 12,334,641. Although the claims at issue are not identical, they are not patentably distinct from each other as detailed below:
Instant Application: 19/230,153
Reference: US Patent No. 12,334,641
21. (New) An antenna device comprising: at least one antenna element; a substrate including a first dielectric layer and a second dielectric layer disposed on the first dielectric layer, wherein the first dielectric layer includes a plurality of holes corresponding to an air; and a feeding line disposed on the second dielectric layer such that at least a portion of the feeding line overlaps with the plurality of holes corresponding to the air, wherein the feeding line is configured to feed power to the at least one antenna element.
1. An antenna device comprising: a substrate including a first dielectric layer and a second dielectric layer disposed on the first dielectric layer, wherein the first dielectric layer includes a first portion which is an air layer, and wherein the second dielectric layer includes a second portion overlapping with the first portion; at least one antenna element disposed on the substrate; and a feeding line configured to feed power to the at least one antenna element, wherein the feeding line is disposed on the second portion of the second dielectric layer to overlap with at least a portion of the first portion of the first dielectric layer.
4. The antenna device of claim 1, wherein the first portion corresponds to a plurality of holes formed in the first dielectric layer.
22. (New) The antenna device of claim 21, wherein, when viewed from above the substrate, the feeding line is disposed to pass through a center of each of the plurality of holes.
7. The antenna device of claim 4, wherein the plurality of holes comprises a first hole, and wherein the feeding line is disposed to pass through a center of gravity of the first hole.
23. (New) The antenna device of claim 21, wherein the plurality of holes comprise a first hole, a second hole, and a third hole, wherein the first hole and the third hole are adjacent to the second hole, and wherein a distance between a center of the first hole and a center of the second hole is equal to a distance between the center of the second hole and a center of the third hole.
5. The antenna device of claim 4, wherein the plurality of holes comprise a first hole, a second hole, and a third hole, wherein the first hole and the third hole are adjacent to the second hole, and wherein a distance between a center of the first hole and a center of the second hole is equal to a distance between the center of the second hole and a center of the third hole.
24. (New) The antenna device of claim 21, wherein each of the plurality of holes has a shape corresponding to at least one of a cylinder, a triangular prism, a square pillar, or a hexagonal pillar.
6. The antenna device of claim 4, wherein each of the plurality of holes has a shape corresponding to at least one of a cylinder, a triangular prism, a square pillar, or a hexagonal pillar.
25. (New) The antenna device of claim 21, wherein each of the plurality of holes is formed in a hexagonal pillar, wherein the plurality of holes comprise a first hole, and wherein the feeding line is disposed to not pass through a vertex of the first hole.
8. The antenna device of claim 4, wherein each of the plurality of holes is formed in a hexagonal pillar, wherein the plurality of holes comprise a first hole, and wherein the feeding line is disposed to not pass through a vertex of the first hole.
26. (New) The antenna device of claim 21, wherein each of the plurality of holes is formed in a hexagonal pillar, wherein the plurality of holes comprise a first hole, and wherein the feeding line is disposed to pass through two vertices of the first hole.
9. The antenna device of claim 4, wherein each of the plurality of holes is formed in a hexagonal pillar, wherein the plurality of holes comprise a first hole, and wherein the feeding line is disposed to pass through two vertices of the first hole.
Claims 31-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11 and 14, 17, 15, 16, 18, and 19 of U.S. Patent No. 12,334,641 in view of Kihira et al. (US PG Pub. No. 2018/0287678).
Regarding claim 31, Patent No. 12,334,641 teaches:
31. (New) A massive multiple input multiple output (MIMO) unit (MMU) device comprising: a plurality of antenna arrays including a sub-array including a plurality of antenna elements; a radio frequency integrated circuit (RFIC) for the plurality of antenna arrays; a substrate including a first dielectric layer and a second dielectric layer disposed on the first dielectric layer, wherein the first dielectric layer includes a plurality of holes corresponding to an air; and a feeding line disposed on the second dielectric layer such that at least a portion of the feeding line overlaps with the plurality of holes corresponding to the air, wherein the feeding line is configured to feed power to the plurality of antenna elements.
11. A massive multiple input multiple output (MIMO) unit (MMU) device comprising: a printed circuit board (PCB); a radio frequency integrated circuit (RFIC) disposed on the PCB; a substrate disposed on the PCB, wherein the substrate includes a first dielectric layer and a second dielectric layer disposed on the first dielectric layer, wherein the first dielectric layer includes a first portion which is an air layer, and wherein the second dielectric layer includes a second portion overlapping with the first portion; a plurality of antenna elements disposed on the substrate; and a feeding line configured to feed power to the plurality of antenna elements, wherein the feeding line is disposed on the second portion of the second dielectric layer to overlap with at least a portion of the first portion of the first dielectric layer.
14. The MMU device of claim 11, wherein the first portion corresponds to a plurality of holes formed in the first dielectric layer.
Patent No. 12,334,641 does not teach the MMU device comprising: a plurality of antenna arrays including a sub-array including a plurality of antenna elements.
Kihira et al. teaches (Fig. 4) a MMU device comprising: a plurality of antenna arrays including a sub-array including a plurality of antenna elements (see plurality of arrays of Fig. 4, each sub-array 2 including a plurality of antenna elements).
The combination of the prior art would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention as doing so would provide the predictable benefit of preventing interference among beams for user terminals and providing excellent communication quality to the user terminals even in condition where the user terminals are adjacent to each other (Kihira, Abstract).
Claims 32-36 are similarly rejected for including identical additional subject matter to claims 22-26, as addressed above.
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 21-40 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 claim 21, the limitation of “a plurality of holes corresponding to an air” is indefinite in that it is not described in such clear, concise, and exact language as to make plain to a person having ordinary skill in the art in what manner or form “an air” is intended to be claimed as a component of the invention, and therein incorporated with the other claimed components. Examiner respectfully suggests “an air” should read –an air layer– and similarly “the air” should read –the air layer–, to overcome this ambiguity. To expedite prosecution, the claims will be examined as best understood by the examiner.
Claims 22-30 are included for their dependency upon claim 21.
Regarding claim 31, the limitation of “a plurality of holes corresponding to an air” is indefinite in that it is not described in such clear, concise, and exact language as to make plain to a person having ordinary skill in the art in what manner or form “an air” is intended to be claimed as a component of the invention, and therein incorporated with the other claimed components. Examiner respectfully suggests “an air” should read –an air layer– and similarly “the air” should read –the air layer–, to overcome this ambiguity. To expedite prosecution, the claims will be examined as best understood by the examiner.
Claims 32-40 are included for their dependency upon claim 31.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Raney et al. (US PG Pub. No. 2019/0131706), Miller (US PG Pub. No. 2004/0048420), Cho et al. (US PG Pub. No. 2007/0200764), Jia (US PG Pub. No. 2022/0085493), Ohstuka et al. (US Patent No. 5,798,734), and Krantz (US Patent No. 6,307,509) each teach various embodiments of antenna devices comprising feed lines or radiating portions disposed to overlap a plurality of holes in a separate layer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jordan E. DeWitt whose telephone number is (571)270-1235. The examiner can normally be reached Monday thru Thursday from 8:30 AM to 3:30 PM ET.
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/DAMEON E LEVI/Supervisory Patent Examiner, Art Unit 2845
/Jordan E. DeWitt/Examiner, Art Unit 2845
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