UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/926,630
`
`03/20/2018
`
`TOMOHIRO MURATA
`
`731156.694
`
`1573
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`BOUIZZA' MICHAEL M
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`ART UNIT
`
`2845
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`04/05/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/926,630
`Examiner
`MICHAEL M BOUIZZA
`
`Applicant(s)
`MU RATA et al.
`Art Unit
`2845
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 3/20/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 3/20/2018 is/are: a). accepted or b)E] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)D Some**
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`C)D None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
`
`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Datew.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190330
`
`

`

`Application/Control Number: 15/926,630
`Art Unit: 2845
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`Claim Rejections - 35 USC § 103
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`2.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`3.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`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.
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`4.
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`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
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`USPQ 459 (1966), that are applied for establishing a background for determining
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`obviousness under 35 U.S.C. 103 are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`

`

`Application/Control Number: 15/926,630
`Art Unit: 2845
`
`Page 3
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`5.
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`Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Fan
`
`Yang et al., "Microstrip Antennas Integrated With Electromagnetic Band-Gap (EBG)
`
`Structures: A Low Mutual Coupling Design for Array Applications" (cited by applicant).
`
`Regarding Claim 1, Yang et al. teaches an antenna apparatus (Fig. 14
`
`annotated below) comprising:
`
`a dielectric substrate (dielectric substrate Fig. 14 annotated below);
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`at least a first radiator and a second radiator (radiators Fig. 14 annotated
`
`below) that are disposed in a first wiring layer included in the dielectric substrate
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`(top layer of dielectric substrate Fig. 14 annotated below);
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`and
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`a first electromagnetic band-gap (EBG / Patch structure Fig. 14 annotated
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`below) disposed between the first radiator and the second radiator;
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`wherein
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`the first electromagnetic band-gap has a first patch disposed in the first
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`wiring layer (metallic patch structure Fig. 14 annotated below),
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`a first ground electrode disposed in a third wiring layer disposed at a
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`different place from the second wiring layer in the layer thickness direction of the
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`dielectric substrate (ground below EBG / Patch structure Fig. 14 annotated
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`below), and
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`a first via extending in the layer thickness direction, both ends of the first
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`via mutually connecting the first patch and the first ground electrode (via Fig. 14
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`annotated below).
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`

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`Application/Control Number: 15/926,630
`Art Unit: 2845
`
`Page 4
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`Yang et al. does not explicitly teach a first reflector disposed in a first
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`range in a second wiring layer included in the dielectric substrate, the first range
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`including a second range in which the first radiator is projected in a layer
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`thickness direction of the dielectric substrate; a second reflector disposed in a
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`third range in the second wiring layer, the third range including a fourth range in
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`which the second radiator is projected in the layer thickness direction.
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`However, Yang et al. discloses a ground layer below each of the radiators
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`in a different place from the ground layer below the metallic patches as seen in
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`Fig. 14.
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`In this particular case, the skilled artisan recognizes that the grounding
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`structure below the respective radiator would function as a reflector.
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`Accordingly, it would have been obvious to a person having ordinary skill
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`in the art before the effective filing date that the grounding structure below the
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`respective radiator would function as a reflector
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`Reflector
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`Radiator
`
`Dielectric
`su strata
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`EEG Patch
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`Radiator
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`
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`Regarding Claim 2, Yang et al. as modified teaches wherein:
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`the first radiator and the first reflector constitute a first antenna (Fig. 14);
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`

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`Application/Control Number: 15/926,630
`Art Unit: 2845
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`Page 5
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`the second radiator and the second reflector constitute a second antenna
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`(Fig. 14); and
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`the first electromagnetic band-gap is designed to block a signal in a
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`frequency range including a resonant frequency of the first antenna and the
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`second antenna (Abstract).
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`Regarding Claim 3, Yang et al. as modified teaches wherein a distance
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`between the first wiring layer and the third wiring layer is longer than a distance
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`between the first wiring layer and the second wiring layer (distance from edge of
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`radiator layer to edge of reflector layer is longer than edge of radiator pattern to
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`ground patter below EBG structure as seen in Fig. 14).
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`Regarding Claim 4, Yang et al. as modified teaches the antenna
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`apparatus according to claim 1 as shown in the rejection above.
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`Yang et al. does not explicitly teach wherein the longer a distance
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`between the first wiring layer and the second wiring layer is, the more a size of
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`the first patch is enlarged and the more a distance between the first wiring layer
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`and the third wiring layer is shortened.
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`However, Yang et al. discloses different comparisons between different
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`thickness of the dielectric substrate and different sizes of the metallic matches
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`(Mutual Coupling Comparison P. 2940-2942).
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`In this particular case, the bandwidth and mutual coupling vary based on
`
`the different thickness of the dielectric substrate and the size of the patch (P.
`
`2940-2942). Additionally, it is implied that as the thickness of the substrate is
`
`increased, the distance between the wiring layers is also increased accordingly.
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`

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`Application/Control Number: 15/926,630
`Art Unit: 2845
`
`Page 6
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`Accordingly, it would have been obvious to a person having ordinary skill
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`in the art before the effective filing date to choose the distance between the
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`layers and size of the first patch accordingly in order to obtain the bandwidth and
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`mutual coupling for the best performance.
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`6.
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`Claims 5 & 6 are rejected under 35 U.S.C. 103 as being unpatentable over Fan
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`Yang et al., "Microstrip Antennas Integrated With Electromagnetic Band-Gap (EBG)
`
`Structures: A Low Mutual Coupling Design for Array Applications" (cited by applicant) in
`
`view of Murch et al. US Patent Application Publication 2008/0094302.
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`Regarding Claim 5, Yang et al. as modified teaches the antenna
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`apparatus according to claim 1 as shown in the rejection above.
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`Yang et al. does not explicitly teach further comprising: a third radiator
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`disposed in the first wiring layer; a third reflector disposed in a fifth range in the
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`second wiring layer, the fifth range including a sixth range opposite to the third
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`radiator in the layer thickness direction; and a second electromagnetic band-gap
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`disposed between the second radiator and the third radiator; wherein the second
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`electromagnetic band-gap has a second patch disposed in the first wiring layer, a
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`second ground electrode disposed in a fourth wiring layer disposed at a different
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`place from the second wiring layer and the third wiring layer in the layer thickness
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`direction of the dielectric substrate, and a second via extending in the layer
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`thickness direction, both ends of the second vias mutually connecting the second
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`patch and the second ground electrode.
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`

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`Application/Control Number: 15/926,630
`Art Unit: 2845
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`Page 7
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`However, Murch et al. discloses duplicating radiators and corresponding
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`elements in order to obtain improved performance (Figs. 4A, 4B Par. 0031,
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`0032).
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`In this particular case, providing more antenna elements and
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`corresponding elements is common and well known in the art for improved
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`performance. Additionally, the court held that mere duplication of parts has no
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`patentable significance unless a new and unexpected result is produced. See In
`
`re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
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`Accordingly, it would have been obvious to a person having ordinary skill
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`in the art before the effective filing date to provide a third radiator, third reflector
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`and second electromagnetic band-gap disposed between the second radiator
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`and the third radiator in order to obtain improved performance.
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`Regarding Claim 6, Yang et al. as modified teaches the antenna
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`apparatus according to claim 5 as shown in the rejection above.
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`Yang et al. does not explicitly teach wherein: the first via is longer than the
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`second via; and a size of the first patch is smaller than a size of the second
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`patch.
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`However, Yang et al. discloses different comparisons between different
`
`thickness of the dielectric substrate and different sizes of the metallic matches
`
`(Mutual Coupling Comparison P. 2940-2942).
`
`In this particular case, the bandwidth and mutual coupling vary based on
`
`the different thickness of the dielectric substrate and the size of the patch (P.
`
`

`

`Application/Control Number: 15/926,630
`Art Unit: 2845
`
`Page 8
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`2940-2942). Additionally, it is implied that as the thickness of the substrate is
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`increased, the length of the vias would need to be increased accordingly.
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`Accordingly, it would have been obvious to a person having ordinary skill
`
`in the art before the effective filing date to choose the distance between the
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`layers and size of the patches accordingly in order to obtain the bandwidth and
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`mutual coupling for the best performance.
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`Conclusion
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`7.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure.
`
`a.
`
`Tagi et al. US Patent Application Publication 2016/0344093 discloses an
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`EBG structure providing between first and second antenna elements on a
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`dielectric substrate.
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`8.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to MICHAEL M BOUIZZA whose telephone number is
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`(571)272-6124. The examiner can normally be reached on Monday-Friday, 9am-5pm,
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`EST.
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`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
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`supervisor, Jessica Han can be reached on (571) 272-2078. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 15/926,630
`Art Unit: 2845
`
`Page 9
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`
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`
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`
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`
`/HAI V TRAN/
`
`Primary Examiner, Art Unit 2845
`
`/MICHAEL M BOUIZZA/
`
`Examiner, Art Unit 2845
`
`