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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/355,201
`
`03/15/2019
`
`YOHEI MORISHITA
`
`731056.462
`
`6895
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`JAGER, RYAN C
`
`PAPER NUMBER
`
`ART UNIT
`
`2842
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`NOTIFICATION DATE
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`DELIVERY MODE
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`12/07/2021
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`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)
`
`

`

`
`
`Disposition of Claims*
`1-10 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1-2 and 10 is/are rejected.
`Claim(s) 3-9 is/are objectedto.
`1) Claim(s
`are subject to restriction and/or election requirement
`)
`* 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:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)() The specification is objected to by the Examiner.
`11)M The drawing(s)filed on 3/15/19 is/are: a) accepted or b)C) 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)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a)C) All
`1.2 Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) 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.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 3/15/19,7/9/21.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20211109
`
`Application No.
`Applicant(s)
`16/355,201
`MORISHITA, YOHEI
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`RYAN C JAGER
`2842
`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 3/15/19.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 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\0) 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.
`
`

`

`Application/Control Number: 16/355,201
`Art Unit: 2842
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`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 underthe
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`first inventor to file provisions of the AJA.
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`2.
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`Non-Final communication in response to communication filed 3/15/19.
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`Claim Rejections - 35 USC § 103
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`3.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
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`102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground ofrejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same undereither status.
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`4,
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`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
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`rejectionsset forth in this Office action:
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`A patent for a claimed invention may not be obtained, notwithstanding that the claimed inventionis not
`identically disclosed as set forth in section 102ofthistitle, if the differences between the claimed
`invention andthe 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 artto
`which the claimed invention pertains. Patentability shall not be negated by the manner in which the
`invention was made.
`
`5.
`
`Claims 1, 2, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`(reference 1) A 60GHzdigitally controlled RF-beamforming receiver front-end in 65nm CMOS:
`
`“A 1.5-to-5.0GHz input-matched +2dBm PIdB all-passive switched-capacitor beamforming
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`receiver front-end in 65pm CMOS”in view of(reference 2) A 60GHz Digitally Controlled Phase
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`Shifter m CMOS : “A 60GHz digitally controlled RF-beamforming receiver front-end in 65nm
`
`CMOS”
`
`

`

`Application/Control Number: 16/355,201
`Art Unit: 2842
`
`Page 3
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`With respect to claim 1, figure 1 of reference 1 discloses a phase shifter comprising:
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`a first line to whicha first input signal is input;
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`a second line to which a second input signal having a first phase difference with respect to the
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`first input signal is input; and
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`a combining circuit that is connected to the first line and the second line and that outputs a
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`combinedsignal having a phase determined depending on a delay difference of the phase shifters
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`Ar.
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`Reference 1 does not disclose a first capacitor connected toafirst line to whicha first
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`input signal is input;
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`a second capacitor connected to a second line to which a secondinput signal having a first phase
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`difference with respect to the first input signal is input, and
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`outputs a combined signal having a phase determined depending ona first capacitance ratio
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`between the first capacitor and the second capacitor.
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`However, figure 2 of reference 2 discloses phase shifting by variable capacitors it would
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`have been obvious to one skilled in the art at the time the invention was madeto use variable
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`capacitor phase shifting in reference 1 since it was a knowntechniquein the art and since the
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`delay is based on capacitance present the output will depend upon the capacitanceratio of the
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`shifters.
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`With respect to claim 2, the above combination discloses the phase shifter according to
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`Claim 1, wherein the first phase difference is equal to n x 2/2 wherenis an integer greater than
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`or equal to 1.
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`With respect to claim 10, the above combination discloses a wireless communication
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`apparatus comprising:
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`

`

`Application/Control Number: 16/355,201
`Art Unit: 2842
`
`a plurality of phase shifters according to Claim 1,
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`Page 4
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`wherein a beam having a controlled directivity is formed by controlling the combined signal of
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`each of the plurality of phase shifters.
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`Allowable Subject Matter
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`6.
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`Claims 3-9 are objected to as being dependent upona rejected base claim, but would be
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`allowable if rewritten in independentform includingall of the limitations of the base claim and
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`any intervening claims.
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`Conclusion
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`7.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to RYAN C JAGERwhosetelephone numberis (571)272-7016.
`
`The examiner can normally be reached on 8:30 - 5:30 PM.
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`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Lincoln Donovan can be reached on 571-272-7016. The fax phone numberfor the
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`organization wherethis application or proceedingis assigned is 571-273-8300.
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`

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`Application/Control Number: 16/355,201
`Art Unit: 2842
`
`Page 5
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`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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`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/RYAN JAGER/
`Primary Examiner, Art Unit 2842
`11/9/21
`
`