www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/198,908
`
`11/23/2018
`
`RYOSUKE SHIOZAKI
`
`731056.444
`
`1991
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`HU,JENNIFER F
`
`PAPER NUMBER
`
`ART UNIT
`
`2845
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/02/2021
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`16/198,908
`Examiner
`JENNIFER F HU
`
`Applicant(s)
`SHIOZAK( etal.
`Art Unit
`AIA (FITF) Status
`2845
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 23 November 2018.
`CO) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-18 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-18 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)C The specification is objected to by the Examiner.
`11) The drawing(s) filed on 11/23/2018 is/are: a)(¥) accepted or b){(_) 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:
`cc) None ofthe:
`b)LJ Some**
`a)Y) All
`1.4) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4) Copies of the certified copies of the priority documents have been receivedin 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.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`4)
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`
`Paper No(s)/Mail Date11/23/2018,6/17/2019,6/04/2020.
`U.S. Patent and Trademark Office
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210121
`
`

`

`Application/Control Number: 16/198,908
`Art Unit: 2845
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventor to file provisions of the AJA.
`
`Claim Objections
`
`Claim 1 is objected to because of the following informalities: The claim is in improper
`
`form and it is unclear where the preamble ends and the bodyof the claim begins. The preamble
`
`is typically separated from the body of the claim by the linking term, “comprising.” The
`
`preamble of claim 1 includes a housing, a window surface, and a cover member. It is unclear
`
`whether these elements are included in the antenna device or if they are merely statements of
`
`intended use. Appropriate correction is required.
`
`Claim 1 is objected to because the phrases, “transmits and receives an electromagnetic
`
`wave through a cover member,”in line 2, “transmits the electromagnetic waveto a side of the
`
`cover member,” in lines 4-5 and “receives the electromagnetic wave,” in line 6 describe method
`
`steps instead of apparatus features. The claim should be amendedto read, “configured to
`
`transmit,” and “configured to receive,” respectively.
`
`Claim 1 is objected to because the phrase, “an windowsurface,” contains a grammatical
`
`error. It appears that the phrase should read, “a window surface.”
`
`Claim Rejections - 35 USC § 103
`
`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
`
`

`

`Application/Control Number: 16/198,908
`Art Unit: 2845
`
`Page 3
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`statutory basis for the rejection will not be considered a new groundofrejectionif the priorart
`
`relied upon, and the rationale supporting the rejection, would be the same undereither status.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed inventionis 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 obviousbefore the effective
`filing date of the claimed invention to a person having ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin which the invention was made.
`
`The factual inquiries for establishing a background for determining obviousness under 35
`
`U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the priorart.
`
`2. Ascertaining the differences betweenthe prior art and the claimsat issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
`
`This application currently namesjoint inventors. In considering patentability of the
`
`claims the examiner presumesthat the subject matter of the various claims was commonly
`
`ownedasofthe effective filing date of the claimed invention(s) absent any evidenceto the
`
`contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and
`
`effective filing dates of each claim that was not commonly ownedasofthe effective filing date
`
`of the later invention in order for the examinerto consider the applicability of 35 U.S.C.
`
`102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
`
`Claims 1-4, 6-7, 9-11, 13-15 and 18 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Shao (CN 105846043 A — cited by Applicant) in view of Suzukiet al. (US
`
`2004/0227663 A1).
`
`

`

`Application/Control Number: 16/198,908
`Art Unit: 2845
`
`Page 4
`
`Asto claim 1, Shao teaches an antenna devicethat includes a housing (2, 3, Fig. 1)
`
`formed with a window surface (1, Fig. 1), comprising:
`
`a transmitting antenna (5, Fig. 2) that is provided inside the housing and transmits the
`
`electromagnetic waveto a side of the cover member;
`
`a receiving antenna(5, Fig. 2) that receives the electromagnetic wave;
`
`a circuit board (4, Fig. 1) that extends along a transmission direction of the
`
`electromagnetic wave and includes a board surface provided with the transmitting antenna and
`
`the receiving antenna (5, Fig. 1); and
`
`a dielectric lens (1, Fig. 1) covering the window surface that narrows a beam ofthe
`
`electromagnetic wave transmitted from the transmitting antenna to transmit the beam outside the
`
`housing and collects the electromagnetic wave from outside the housing to transmit the
`
`electromagnetic waveto the receiving antenna (“the cylindrical dielectric lens 1 so that the
`
`incident wave ofthe vertical plane of the array antenna feed 5 can be refracted through the
`
`cylindrical surface of the cylindrical dielectric lens 1, thereby the exiting wave approaches a
`
`plane wave, thereby compressing the beamwidth of the face and increasing the gain,” English
`
`translation, page 5, first paragraph).
`
`Shao doesnot explicitly teach the antenna device transmitting and receiving an
`
`electromagnetic wave through a cover memberfacing the window surface.
`
`Suzuki teaches an antenna device (1, Fig. 7A) transmitting and receiving an
`
`electromagnetic wave through a cover member(14, Fig. 7A, “bumper14,” [0044]) facing the
`
`window surface (2, Fig. 7A).
`
`It would have been obvious to one of ordinary skill in the art to modify the antenna
`
`device of Shao suchthat the antenna device transmits and receives an electromagnetic wave
`
`

`

`Application/Control Number: 16/198,908
`Art Unit: 2845
`
`Page 5
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`through a cover member, as taught by Suzuki. One of ordinary skill in the art would have been
`
`motivated to make the modification in order to adapt the radar device of Shao for use in road
`
`vehicles, as taught by Suzuki, so that the antenna device is protected by the cover member.
`
`Asto claim 2, Shao teaches the transmitting antenna and the receiving antenna are each
`
`composedof a conductor pattern (51, Fig. 2) formed on the circuit board (4, Fig. 1).
`
`Asto claim 3, Shao teaches the transmitting antenna and the receiving antenna are end-
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`fire array antennae (5, Fig. 2) disposed on a front region in the board surface of the circuit board.
`
`Asto claim 4, Shao teaches any of an antenna element(51, Fig. 2) of the transmitting
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`antenna and an antenna elementof the receiving antennais disposed on any of two board
`
`surfaces of a front surface side and a back surface side of the circuit board (4, Fig. 1).
`
`Asto claim 6, Shao teaches the dielectric lens (1, Fig. 1) converts the electromagnetic
`
`wavetransmitted from the transmitting antenna to a plane waveand transmits the plane wave
`
`outside the device (“the phase center of the array antenna feed 5 is located at the focus ofthe
`
`cylindrical dielectric lens 1 so that the incident waveofthe vertical plane of the array antenna
`
`feed 5 can be refracted through the cylindrical surface of the cylindrical dielectric lens 1, thereby
`
`the exiting wave approached the plane wave,” English translation, page 5, first paragraph).
`
`Asto claim 7, Shao teaches the dielectric lens (1, Fig. 1) is composed of a convex lens
`
`that has a convex shape in a front surface side (as seen in Fig. 1).
`
`Asto claim 9, Shao teaches the housing includes metal material (“the feed holder 3 may
`
`be madeof metal,” English translation, page 4, fifth paragraph).
`
`Asto claim 10, Shao teaches the housing is made of a material with higher thermal
`
`conductivity than the dielectric lens (“the feed holder 3 may be made of metal,” English
`
`

`

`Application/Control Number: 16/198,908
`Art Unit: 2845
`
`Page 6
`
`translation, page 4, fifth paragraph, and it is knownin theart that a metal has a higher thermal
`
`conductivity than a dielectric).
`
`Asto claim 11, Shao teaches when a normal direction of the board surface of the circuit
`
`board is regarded as a vertical direction, a length in the vertical direction of the housing is shorter
`
`than a length in a front-rear direction of the housing (Fig. 1, “such a structure is easy to
`
`implementa low profile,’ English translation, page 4, fourth paragraph).
`
`Asto claim 13, Shao does not explicitly teach a bracket that fixes the housing on the
`
`cover memberarranged to covera front region outside the device and defines a direction in
`
`whichthe electromagnetic waveis transmitted outside the device.
`
`Suzuki teaches a bracket (18, Fig. 7A) that fixes the housing (1, Fig. 7A) on the cover
`
`member(14, Fig. 7A) arranged to cover a front region outside the device and defines a direction
`
`in which the electromagnetic waveis transmitted outside the device (“the bumper14 has a
`
`recessed portion 18 in its inner wall in which a millimeter wave radar 1 is mounted from inside
`
`the bumper 14,” [0044]).
`
`It would have been obvious to one of ordinary skill in the art to modify the antenna
`
`device of Shao by providing a bracketthat fixes the housing on the cover member,as taught by
`
`Suzuki. One of ordinary skill in the art would have been motivated to make the modification in
`
`order to adapt the radar device for a road vehicle. In particular, one of ordinary skill in the art
`
`would have been motivated to provide the antenna device in the front end of a vehicle in orderto
`
`detect hazards in front of the vehicle.
`
`Asto claim 14, Shao does not explicitly teach the bracket fixes the housing on the cover
`
`memberso as to makethe direction in which the electromagnetic waveis transmitted outside the
`
`device horizontal to a ground.
`
`

`

`Application/Control Number: 16/198,908
`Art Unit: 2845
`
`Page 7
`
`Suzuki teaches the bracket fixes the housing on the cover memberso as to make the
`
`direction in which the electromagnetic wave is transmitted outside the device horizontal to a
`
`ground (main radiation beam 8, Fig. 2 is indicated a extending in a horizontal direction).
`
`It would have been obvious to one of ordinary skill in the art to modify the antenna
`
`device of Shao suchthat the direction of the electromagnetic waveis horizontal to a ground, as
`
`taught by Suzuki. Oneof ordinary skill in the art would have been motivated to make the
`
`modification in order to detect hazards in front of the vehicle, therefore preventing the vehicle
`
`from crashing into a hazard.
`
`Asto claim 15, Shao does not teach the bracket is made of an electromagnetic wave
`
`absorber or material containing the electromagnetic wave absorber.
`
`Suzuki teaches the bracket is made of an electromagnetic wave absorber or material
`
`containing the electromagnetic wave absorber (15, Fig. 7A, “the inner wall of the bumper14 is
`
`fitted with a radio wave attenuation layer or radio wave absorbinglayer,” [0045]).
`
`It would have been obvious to one of ordinary skill in the art to modify the antenna
`
`device of Shao by including an electromagnetic wave absorberto the bracket, as taught by
`
`Suzuki. One of ordinary skill in the art would have been motivated to make the modification in
`
`order to absorb sidelobes radiating from the antenna, therefore reducing unwanted transmission
`
`of sidelobes, as taught by Suzuki (see paragraph [0032]).
`
`Asto claim 18, Shao teaches the antenna device according to claim 1 mounted in a
`
`vehicle (“used for an unmannedaerial vehicle,” abstract).
`
`

`

`Application/Control Number: 16/198,908
`Art Unit: 2845
`
`Page 8
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Shao (CN
`
`105846043 A —- cited by Applicant) in view of Suzukiet al. (US 2004/0227663 A1), further in
`
`view of Shi (US 2016/0195612 A1).
`
`Asto claim 5, Shao does not teach the transmitting antenna and the receiving antenna are
`
`post-wall waveguide antennaethat are disposed so as to have apertures toward a front end side of
`
`the circuit board.
`
`Shi teaches an antenna device, wherein the transmitting antennaandthe receiving
`
`antenna are post-wall waveguide antennae (Fig. 6) that are disposed so as to have apertures
`
`toward a front end side of the circuit board.
`
`It would have been obvious to one of ordinary skill in the art to modify the slot antennas
`
`of Shao with the post-wall waveguide antennas disclosed by Shi. Oneof ordinary skill in the art
`
`would have been motivated to make the modification so that the antenna array may have a
`
`vertical polarization, as taught by Shi, paragraph [0018].
`
`Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shao (CN
`
`105846043 A —- cited by Applicant) in view of Suzukiet al. (US 2004/0227663 A1), further in
`
`view of Felic et al. (US 2015/0207236 A1).
`
`Asto claim 8, Shao does not explicitly teach a signal processing unit that estimates an
`
`azimuth of a target based on a reflected wave from thetargetthat is a part of the electromagnetic
`
`wavetransmitted from the transmitting antenna.
`
`Felic teaches a signal processing unit that estimates an azimuth of a target based on a
`
`reflected wave from the target that is a part of the electromagnetic wave transmitted from the
`
`

`

`Application/Control Number: 16/198,908
`Art Unit: 2845
`
`Page 9
`
`transmitting antenna (“a CMOS chip for generating radar signals and/or processing reflected
`
`radar signals to obtain information about one or moretargets,” [0043]).
`
`It would have been obvious to one of ordinary skill in the art to modify the antenna
`
`device of Shao by providing the signal processing unit, as taught by Felic. One of ordinary skill
`
`in the art would have been motivated to make the modification in order to provide an antenna
`
`unit incorporating both the antennaand the control circuits in a unitary body, as taught by Felic.
`
`Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Shao (CN
`
`105846043 A —- cited by Applicant) in view of Suzukiet al. (US 2004/0227663 A1), further in
`
`view of Elden (WO 96/29755 — cited by Applicant).
`
`Asto claim 12, Shao does not explicitly teach the housing includes a connection unit that
`
`thermally bonds with the circuit board or a circuit part mounted on the circuit board.
`
`Elden teaches the housing includes a connection unit that thermally bonds with the circuit
`
`board or a circuit part mounted on the circuit board (“the antenna is adhesively or thermally
`
`bonded or otherwise secured and mounted to a generally planaror flat light-transmissive antenna
`
`board or circuit board,” page 9, lines 33-36).
`
`It would have been obvious to one of ordinary skill in the art to modify the antenna
`
`device of Shao by providing a connection unit that thermally bonds with the circuit board, as
`
`taught by Elden. Oneofordinary skill in the art would have been motivated to make the
`
`modification because thermally bonding components togetheris a low cost and effective method
`
`of attaching two or more components together.
`
`

`

`Application/Control Number: 16/198,908
`Art Unit: 2845
`
`Page 10
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`Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Shao (CN
`
`105846043 A —- cited by Applicant) in view of Suzukiet al. (US 2004/0227663 A1), further in
`
`view of Rebeiz et al. (US 2008/0048921 A1),
`
`Asto claim 16, Shao does not teach a reflection unit that is supported at a position facing
`
`the board surface of the circuit board to reflect a sidelobe of the electromagnetic wave
`
`transmitted by the transmitting antennato a front direction.
`
`Rebeiz teaches a reflection unit (66, Fig. 9) that is supported at a position facing the
`
`board surface of the circuit board (26, Fig. 9) to reflect a sidelobe of the electromagnetic wave
`
`transmitted by the transmitting antennato a front direction (“Theat least one reflector 66 is
`
`adapted to reflect electromagnetic energy propagated throughthe at least one electromagnetic
`
`lens 12 after being generated by at least one of the plurality of antenna feed elements 14,”
`
`[0082]) and “The sidelobe level was about -6 dB, and comparedto the array withouta reflector,
`
`the depth of the nulls between the main beam andsidelobes was substantially increased,”
`
`[0122)]).
`
`It would have been obvious to one of ordinary skill in the art to modify the antenna
`
`device of Shao by providing a reflection unit, as taught by Rebeiz. One of ordinary skill in the art
`
`would have been motivated to make the modification in order to increase the gain of the antenna
`
`device.
`
`Asto claim 17, Shao does not teach the dielectric lens is composed ofa ball lens.
`
`Rebeiz teaches the dielectric lens is composedofa ball lens (“the at least one
`
`electromagnetic lens 12 is not limited to any one particular design, and may, for example,
`
`comprise either a spherical lens, a Luneburg lens, a spherical shell lens, a hemispherical lens, an
`
`

`

`Application/Control Number: 16/198,908
`Art Unit: 2845
`
`Page 11
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`at least partially spherical lens, an at least partially spherical shell lens, an elliptical lens, a
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`cylindrical lens, or a rotational lens,” [0069]).
`
`It would have been obvious to one of ordinary skill in the art to modify the cylindrical
`
`lens of Shao with a ball or spherical lens, as taught by Rebeiz. One of ordinary skill in the art
`
`would have been motivated to make the modification in order to achieve the desired refraction
`
`pattern for the electromagnetic wave.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to JENNIFER F HU whosetelephone numberis (571)272-5486.
`
`The examiner can normally be reached on M-F: 9:00AM-5:30PM.
`
`Examinerinterviews 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 examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Dameon Levi can be reached on 571-272-2105. The fax phone numberfor the
`
`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`maybe obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
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`system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to
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`

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`Application/Control Number: 16/198,908
`Art Unit: 2845
`
`Page 12
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`the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
`
`free). If you would like assistance from a USPTO Customer Service Representative or access to
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`the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-
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`1000.
`
`/DAMEONE LEVI/
`Supervisory Patent Examiner, Art Unit 2845
`
`/JENNIFER F HU/
`Examiner, Art Unit 2845
`
`