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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Election/Restrictions
Applicant's election with traverse of Claims 6-17 in the reply filed on 6/30/2006 is acknowledged. The traversal is on the ground(s) that the process of the process claims can be used to make the same product as the product claims and as such there would be no serious search burden. This is not found persuasive due to the reasons stated below.
Regarding the applicants argument that process of Invention I. would make the same product as Invention II., the examiner respectfully disagrees. As noted in the previous action the enclosure made would comprise a wire of a certain length with a hot welded cover wherein the circuit board may be placed in any location of the enclosure. On the other hand the Invention II. comprises an enclosure with a printed circuit board under the lid as well as being designed to be placed under a AMR lid wherein said enclosure would have a shape with two cylindrical portions wherein a second portion would have a greater diameter and the first portion would have a threaded end. As such we can see that the method would make an enclosure that would not have these properties and as such would be materially different from Invention II. Furthermore this also shows that Invention II. can be made with a different process since said process would have to include making a threaded end and having two cylindrical portions as described. This new process would require steps when it comes to forming the structural components of claims 6-17 that are not shared in claims 1-5 like the cylindrical portions/threaded end. Furthermore, the process also does not necessarily require making the antenna through a molding process and such structures can be made with something else like 3-D printing.
Regarding the applicants argument that there is no serious burden to examine all the claims together, the examiner respectfully disagrees. As acknowledges by the applicant in page 8 of the remarks, the process claims and product/apparatus claims recite different statutory categories which introduces a serious search burden since such categories are under the purview of different types of examiner and not one singular one. The examiner would have to effectively search two different inventions to reject the claims since there can be a process that rejects claims 1-5 but fails to disclose structural components form claims 6-14. The examiner can also find art to reject claims 6-17 but does not disclose the method steps like hot welding or overholding as described in claims 1-6.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/03/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Number 120 and 126 are used for cylindrical first portion and 120 is also used for the treaded cylindrical post and interior volume in paragraph 22
Appropriate correction is required.
Claim Objections
Claim 1 and 16 are objected to because of the following informalities:
Claim 6 and 14 – “metal wire inserted through the central hole” should be corrected to “metal wire inserted through the central opening” since the specifications teach the wire extending the length of the central opening and not inserted through the central hole.
Appropriate correction is required.
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.
Claim 6-17 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 6 and 14 recite the limitations “an antenna and antenna enclosure assembly” which renders the claim indefinite. Claim 6 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. Neither the specifications nor claim defines the structure adequality due to omitting elements like the radiator, feed structure/source, grounding component, and their interrelationships relative to other components additionally it is further unclear which of the “an antenna” and “antenna enclosure assembly”, recited in the preamble, is being defined, hence, the scope of claim 1 cannot be understood.
For the purpose of examination, the examiner as best understood, has interpreted claim 1 to mean that the antenna is comprised of the wire, rod, and circuit board with the antenna assembly comprising the housing, disk, and cover plate, thereby being commensurate with Figs. 6-7 and paragraph 7 of the specifications.
Claims 7-13 and 15-17 inherit the indefiniteness of claim 6 and 14.
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(s) 6-9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Ragan (US 20220285821 A1) in view of Cerny et al. (US 5298894 A) and Lazar et al.( US 6300907 B1).
Regarding Claim 6 as best understood, Ragan discloses an antenna and antenna enclosure assembly (Antenna 10 with an antenna enclosure formed by body 11 and cover 12 as seen in figure 1-2 of Ragan) comprising:
a housing formed out of a solid dielectric potting and encapsulating material using an injection molding process wherein the housing has an interior chamber that includes a cylindrical rim to surround and define an access opening to an interior volume that has a circumferential channel extending around an entirety of the circumference of the cylindrical rim having an inner wall and an outer wall wherein the cylindrical rim has an open end that defines an access opening to the interior chamber (A housing in the form of plastic body 11, made from a dielectric propylene material, comprises an interior chamber that holes the first hole 16 wherein the plastic body 11 comprises a cylindrical rim that would define the open end which is coved by the top cover 12 and said interior volume as a circumferential channel defined by the inner and outer surfaces/walls of the body 11 and extend around the entirety of the circumference of the body 11; Paragraph 22-44 and figures 1-5 of Ragan);
a cover plate covering the access opening of the housing having a planar central disk and a sidewall arranged circularly around a central axis of the central disk and extending outwardly and around the central disk and defining a shallow cylindrical chamber (Top cover 12 serves as a cover plate that would have top surface serving as a planar central disk and a sidewall portion being the rest of the cover wherein the top cover is arranged around a central axis of the antenna 10 and would also define a shallow cylindrical chamber wherein the PCB 18 would be placed; Paragraph 22-44 and figures 1-5 of Ragan),
a disk has a central hole extending from a first side to a second side of the disk;
a rod received within the central hole
a circuit board disposed on an underside of the cover plate (Inner body portion, now labeled 7, would serve as a disk portion disposed in the interior chamber with a central hole 16 wherein a rod 16 would be received in the hole and would be connected to a circuit board 18 disposed in an underside of the cover plate wherein the rod 16 and circuit board 18 serve as a transmission element; Paragraph 22-44 and figures 1-5 of Ragan).
Ragan fails to disclose a groove therebetween wherein a height of the inner wall is greater than a height of the outer wall, and the groove extends circumferentially around an entirety of the channel, wherein the cover plate has a tongue structure extending circumferentially around the central axis of the cover plate outwardly in an axial direction from an edge of the sidewall having a width of the tongue structure that is smaller than that of the sidewall for engagement with the housing, and the rod has a central opening and a metal wire inserted through the central hole and connected to a circuit board.
However, Cerny et al. further discloses a groove therebetween wherein a height of the inner wall is greater than a height of the outer wall, and the groove extends circumferentially around an entirety of the channel (Housing formed by base portion 85 comprises a groove 111 formed between an inner and outer wall wherein the inner wall comprises a height that is greater than an outer wall and the groove would extend around the circumference of the channel; Column 4-6 and figure 7-8 of Cerny et al.), wherein the cover plate has a tongue structure extending circumferentially around the central axis of the cover plate outwardly in an axial direction from an edge of the sidewall having a width of the tongue structure that is smaller than that of the sidewall for engagement with the housing (Top cover 84 serves as a cover plate comprising tongue structures in the form of vertical walls like 89 that are configured to engage with the grooves 111 of the housing and the width of the tongues 89 would be less than the total width of the toper cover 84 covering the base portion 85; Column 4-6 and figure 7-8 of Cerny et al.).
Lazar et al. further discloses the rod has a central opening and a metal wire inserted through the central hole and connected to a circuit board (Antenna stricture 10 comprises a sleeve 32 serving as a disk wherein a rigid wire 51 extends through and connects to a PCB 44 wherein the rigid wire may be inside a rod formed by the sheathe like structure 38 of the cable 30 wherein said rod would have an opening to receive the wire; Column 3-4 and figure 3-4 of Lazar et al.).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Ragan to have a groove therebetween wherein a height of the inner wall is greater than a height of the outer wall, and the groove extends circumferentially around an entirety of the channel, wherein the cover plate has a tongue structure extending circumferentially around the central axis of the cover plate outwardly in an axial direction from an edge of the sidewall having a width of the tongue structure that is smaller than that of the sidewall for engagement with the housing as taught by Cerny et al. to seal and bond the housing and top cover together (Column 5 of Cerny et al.). It would have been further obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Ragan and Cerny et al. to have the rod has a central opening and a metal wire inserted through the central hole and connected to a circuit board as taught by Lazar et al. to provide an inductance and maximum power transfer for the antenna (Column 3 of Lazar et al.).
Examiners note – Regarding the recitation of the limitation “using an injection molding process”, the examiner notes, that an examination of both apparatus claims and method of production claims would be improper as such mixing of claims between 2 different statutory categories is prohibited, furthermore regarding the processes of “injection molding, extruding, over-molding and soldering/welding” – “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. "In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)”. (See MPEP 2113, Section I).
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Regarding Claim 7, Ragan further discloses a through hole disposed through said cover plate at an offset from said central opening in said rod (Antenna 10 would include a coaxial connector 42 disposed parallel to the central axis wherein said connector would be disposed in through hole in the top cover plate 12 at a distance offset form the center of the top cover which would be aligned with rod 17; Paragraph 22-44 and figures 1-5 of Ragan).
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Regarding Claim 8, Ragan further discloses wherein through hole in said cover plate has a central axis substantially parallel to said central axis of said central hole (Antenna 10 would include a coaxial connector 42 disposed parallel to the central axis wherein said connector would be disposed in through hole in the top cover plate 12 at a distance offset form the center of the top cover which would be aligned with rod 17; Paragraph 22-44 and figures 1-5 of Ragan).
Regarding Claim 9, Ragan further discloses further including a cable connector disposed in said through hole and coupled to said circuit board (Antenna 10 would include a coaxial connector 42 disposed parallel to the central axis wherein said connector would be disposed in through hole in the top cover plate 12 at a distance offset form the center of the top cover which would be aligned with rod 17; Paragraph 22-44 and figures 1-5 of Ragan).
Regarding Claim 13, Ragan further disclose wherein an azimuth pattern of said antenna is a uniform (omnidirectional) radiation pattern (Antenna 10 comprises a vertical element that provides a unform radiation in the azimuth direction; Paragraph 16 and 41 as well as figure 8 of Ragan).
Claim(s) 10-12 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ragan (US 20220285821 A1) in view of Cerny et al. (US 5298894 A), Lazar et al.( US 6300907 B1), and Lee et al. (KR 20120061488 A).
Regarding Claim 10, Ragan further discloses wherein the interior chamber of the housing further includes,
a first cylindrical portion defining an interior volume and has a mounting post with a distal end that has a closed integral cap; a planar base that extends around the opening to the interior volume of the first cylindrical portion; and a second cylindrical portion, also defining a hollow interior volume in fluid communication with the interior volume of the first cylindrical portion; wherein the first cylindrical portion and the second cylindrical portion are configured coaxially (Housing formed by body 11 has a first cylindrical portion that as a threaded integral cap 15 wherein said portion would define an interior volume including a part of the hole 16 and a second cylindrical portion is defined as the upper portion comprising internal volume in which disk 11 is disposed which would be in fluid communication with the first portion and a floor surface of the second cylindrical portion would serve as a planar base portion and arranged coaxially; Paragraph 22-44 and figures 1-5 of Ragan).
Although, Ragan fails to disclose an interior volume that is hollow and a hollow interior volume. Ragan does suggest an interior volume that is hollow and a hollow interior volume (First and Second Cylindrical portions do comprise the interior volume 16 which is hollow and each portion has a portion of the volume and the plastic body outer surface may be formed first and then later filled which would mean the interior were at one point hollow; Paragraph 22-44 and figures 1-5 of Ragan).
However, Lee et al. does disclose an interior volume that is hollow and a hollow interior volume (Antenna structure 10d includes an antenna structure with a housing that has a first cylindrical portion with hollow internal volume 22c and a second cylindrical portion with a second hollow volume 32d; Pg. 5-8 and figure 7-9 of Lee et al.).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Ragan, Cerny et al., Lazar et al. to have an interior volume that is hollow and a hollow interior volume as taught by Lee et al. to seal components inside the antenna structure and prevent moisture damage from the outside (Pg. 5 of Lee et al.).
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Regarding Claim 11, Ragan further discloses wherein said cylindrical first portion is a post with an external thread that is configured for attachment to the underside of an AMI/AMR lid (The first cylindrical portion comprises a threaded post portion 15 configured to be attached to the lid of a water meter pit; Paragraph 22 of Ragan).
Regarding Claim 12, Ragan further discloses wherein said interior volume of said cylindrical first portion has an inner diameter, and said cylindrical second portion has an inner diameter greater than said inner diameter of said cylindrical first portion (The first cylindrical portion has a diameter that is less than the second cylindrical portion such that the interior volumes would have diameters that are configured such as; Paragraph 22-44 and figures 1-5 of Ragan).
Regarding Claim 14 as best understood, Ragan discloses an antenna and antenna enclosure assembly (Antenna 10 with an antenna enclosure formed by body 11 and cover 12 as seen in figure 1-2 of Ragan) comprising:
a housing formed out of a solid dielectric potting and encapsulating material using an injection molding process wherein the housing has an interior chamber that includes a cylindrical rim to surround and define an access opening to an interior volume that has a circumferential channel extending around an entirety of the circumference of the cylindrical rim having an inner wall and an outer wall wherein the cylindrical rim has an open end that defines an access opening to the interior chamber (A housing in the form of plastic body 11, made from a dielectric propylene material, comprises an interior chamber that holes the first hole 16 wherein the plastic body 11 comprises a cylindrical rim that would define the open end which is coved by the top cover 12 and said interior volume as a circumferential channel defined by the inner and outer surfaces/walls of the body 11 and extend around the entirety of the circumference of the body 11; Paragraph 22-44 and figures 1-5 of Ragan) wherein the interior chamber of the housing further includes, a first cylindrical portion defining an interior volume and has a mounting post with a distal end that has a closed integral cap; a planar base that extends around the opening to the interior volume of the first cylindrical portion; and a second cylindrical portion, also defining a hollow interior volume in fluid communication with the interior volume of the first cylindrical portion; wherein the first cylindrical portion and the second cylindrical portion are configured coaxially (Housing formed by body 11 has a first cylindrical portion that as a threaded integral cap 15 wherein said portion would define an interior volume including a part of the hole 16 and a second cylindrical portion is defined as the upper portion comprising internal volume in which disk 11 is disposed which would be in fluid communication with the first portion and a floor surface of the second cylindrical portion would serve as a planar base portion and arranged coaxially; Paragraph 22-44 and figures 1-5 of Ragan);
a cover plate covering the access opening of the housing having a planar central disk and a sidewall arranged circularly around a central axis of the central disk and extending outwardly and around the central disk and defining a shallow cylindrical chamber (Top cover 12 serves as a cover plate that would have top surface serving as a planar central disk and a sidewall portion being the rest of the cover wherein the top cover is arranged around a central axis of the antenna 10 and would also define a shallow cylindrical chamber wherein the PCB 18 would be placed; Paragraph 22-44 and figures 1-5 of Ragan),
a disk has a central hole extending from a first side to a second side of the disk;
a rod received within the central hole
a circuit board disposed on an underside of the cover plate (Inner body portion, now labeled 7, would serve as a disk portion disposed in the interior chamber with a central hole 16 wherein a rod 16 would be received in the hole and would be connected to a circuit board 18 disposed in an underside of the cover plate wherein the rod 16 and circuit board 18 serve as a transmission element; Paragraph 22-44 and figures 1-5 of Ragan).
Ragan fails to disclose a groove therebetween wherein a height of the inner wall is greater than a height of the outer wall, and the groove extends circumferentially around an entirety of the channel, wherein the cover plate has a tongue structure extending circumferentially around the central axis of the cover plate outwardly in an axial direction from an edge of the sidewall having a width of the tongue structure that is smaller than that of the sidewall for engagement with the housing, and the rod has a central opening and a metal wire inserted through the central hole and connected to a circuit board, and an interior volume that is hollow and a hollow interior volume. Ragan does suggest an interior volume that is hollow and a hollow interior volume (First and Second Cylindrical portions do comprise the interior volume 16 which is hollow and each portion has a portion of the volume and the plastic body outer surface may be formed first and then later filled which would mean the interior were at one point hollow; Paragraph 22-44 and figures 1-5 of Ragan)
However, Cerny et al. further discloses a groove therebetween wherein a height of the inner wall is greater than a height of the outer wall, and the groove extends circumferentially around an entirety of the channel (Housing formed by base portion 85 comprises a groove 111 formed between an inner and outer wall wherein the inner wall comprises a height that is greater than an outer wall and the groove would extend around the circumference of the channel; Column 4-6 and figure 7-8 of Cerny et al.), wherein the cover plate has a tongue structure extending circumferentially around the central axis of the cover plate outwardly in an axial direction from an edge of the sidewall having a width of the tongue structure that is smaller than that of the sidewall for engagement with the housing (Top cover 84 serves as a cover plate comprising tongue structures in the form of vertical walls like 89 that are configured to engage with the grooves 111 of the housing and the width of the tongues 89 would be less than the total width of the toper cover 84 covering the base portion 85; Column 4-6 and figure 7-8 of Cerny et al.).
Lazar et al. further discloses the rod has a central opening and a metal wire inserted through the central hole and connected to a circuit board (Antenna stricture 10 comprises a sleeve 32 serving as a disk wherein a rigid wire 51 extends through and connects to a PCB 44 wherein the rigid wire may be inside a rod formed by the sheathe like structure 38 of the cable 30 wherein said rod would have an opening to receive the wire; Column 3-4 and figure 3-4 of Lazar et al.).
Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Ragan to have a groove therebetween wherein a height of the inner wall is greater than a height of the outer wall, and the groove extends circumferentially around an entirety of the channel, wherein the cover plate has a tongue structure extending circumferentially around the central axis of the cover plate outwardly in an axial direction from an edge of the sidewall having a width of the tongue structure that is smaller than that of the sidewall for engagement with the housing as taught by Cerny et al. to seal and bond the housing and top cover together (Column 5 of Cerny et al.). It would have been further obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Ragan and Cerny et al. to have the rod has a central opening and a metal wire inserted through the central hole and connected to a circuit board as taught by Lazar et al. to provide an inductance and maximum power transfer for the antenna (Column 3 of Lazar et al.). It would have also been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Ragan, Cerny et al., Lazar et al. to have an interior volume that is hollow and a hollow interior volume as taught by Lee et al. to seal components inside the antenna structure and prevent moisture damage from the outside (Pg. 5 of Lee et al.).
Examiners note – Regarding the recitation of the limitation “using an injection molding process”, the examiner notes, that an examination of both apparatus claims and method of production claims would be improper as such mixing of claims between 2 different statutory categories is prohibited, furthermore regarding the processes of “injection molding, extruding, over-molding and soldering/welding” – “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. "In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)”. (See MPEP 2113, Section I).
Regarding Claim 15, Ragan further discloses wherein said cylindrical first portion is a post with an external thread that is configured for attachment to the underside of an AMI/AMR lid (The first cylindrical portion comprises a threaded post portion 15 configured to be attached to the lid of a water meter pit; Paragraph 22 of Ragan).
Regarding Claim 16, Ragan further discloses wherein said interior volume of said cylindrical first portion has an inner diameter, and said cylindrical second portion has an inner diameter greater than said inner diameter of said cylindrical first portion (The first cylindrical portion has a diameter that is less than the second cylindrical portion such that the interior volumes would have diameters that are configured such as; Paragraph 22-44 and figures 1-5 of Ragan).
Regarding Claim 17, Ragan further discloses wherein said interior volume of said cylindrical first portion has an inner diameter, and said cylindrical second portion has an inner diameter greater than said inner diameter of said cylindrical first portion (The first cylindrical portion has a diameter that is less than the second cylindrical portion such that the interior volumes would have diameters that are configured such as; Paragraph 22-44 and figures 1-5 of Ragan).
Additional Comments Regarding the Claim Rejections
Examiner’s note – Regarding claims 10-11 and 14, the recitation that an element is “configured to” perform a function, it is the position of the office that such limitations are not positive structural limitations, and thus, only require the ability to so perform. In this case the prior art applied herein is construed as at least possessing such ability. When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20070247380 A1 (Borleske; Andrew J. et al.) disclose an antenna assembly in which a vertical antenna element is disposed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GURBIR SINGH whose telephone number is (703)756-4637. The examiner can normally be reached Monday - Thursday 8 a.m. - 5 p.m. ET.
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 E 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.
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/DAMEON E LEVI/Supervisory Patent Examiner, Art Unit 2845
/GURBIR SINGH/Examiner, Art Unit 2845
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