throbber
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
`
`17/045,849
`
`10/07/2020
`
`Yuichi KASHINO
`
`733156.566USPC
`
`9251
`
`Seed IP Law Group LLP/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`KIM, YONCHAN J
`
`PAPER NUMBER
`
`ART UNIT
`
`2845
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/04/2021
`
`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)
`
`

`

`
`
`Application No.
`Applicant(s)
`17/045,849
`KASHINO etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`YONCHANJ KIM
`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 07 October 2020.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`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.
`
`Disposition of Claims*
`1-14 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-14 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) 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)(] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 07 October 2020 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:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) 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.
`3.2.) 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 Date07October2020.
`U.S. Patent and Trademark Office
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210722
`
`

`

`Application/Control Number: 17/045,849
`Art Unit: 2845
`
`Page 2
`
`Notice ofPre-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 ALA.
`
`Information Disclosure Statement
`
`1.
`
`The information disclosure statement (IDS) submitted on October 7, 2020. The submission is in
`
`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement 1s being
`
`considered by the examiner.
`
`Claim Rejections - 35 USC § 102
`
`The following 1s a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for
`
`the rejections under this section madein this Office action:
`
`(a)(2) the claimed invention was described in a patent issued undersection 151, or in an application for
`patent published or deemed published undersection 122(b), in which the patent or application,as the case
`may be, names another mventor and was effectively filed before the effective filing date of the claimed
`mvention.
`
`2.
`
`Claims1, 3-5, 7-8, and 10-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
`
`Sakai et al. (US PGPUB 2019/0271762 Al), hereinafter known as Sakai.
`
`3.
`
`Regarding claim 1, Sakai discloses (Fig. 2-3) an antenna apparatus (1), comprising: an array antenna
`
`that includes at least one antenna element (32) disposed on a first surface of a substrate (31) and that forms
`
`beams (waves) in respective directions forming a plurality of angles including a first angle with respect to the
`
`first surface of the substrate; and a side wall (4) that is provided in at least a part of a periphery ofthe at least
`
`one antenna element (32) and that refracts a first beam (undesired wave) in a direction along the substrate
`
`(31), the first beam being in a direction formingthefirst angle.
`
`FIG?
`
`.
`
`FIG.3
`
`
`
`

`

`Application/Control Number: 17/045,849
`Art Unit: 2845
`
`Page 3
`
`4.
`
`Regarding claim 3, Sakai further discloses (Fig. 2) whereim: the array antenna includesa reflector (2)
`
`on a surface opposite to thefirst surface of the substrate 31).
`
`5.
`
`Regarding claim 4, Sakai further discloses (Fig. 2) wherein: an insulation layer (11) is provided
`
`between the at least one antenna element (32) and the reflector (2).
`
`
`
`6. Regarding claim 5, Sakai further discloses (Fig. 3) wherein: the side wall (4) includesafirst side
`
`surface (8) on which thefirst beam (undesired wave) is made incident, and a secondside surface (9) from
`
`which thefirst beam (undesired wave) 1s emitted after being refracted thereon, and an angle ofinclination of
`
`the first side surface (8) with respect to the first surface of the substrate (31) and an angle of inclination of the
`
`second side surface (9) with respect to the first surface of the substrate (31) are set based on thefirst angle.
`
`7.
`
`Regarding claim 7, Sakai further discloses (Fig. 3) wherein: the first side surface (8) has a tapered
`
`shape suchthatthe first side surface (8) is away from an axis vertical to the first surface of the substrate (31)
`
`as a distance of the first side surface (8) from the substrate increases (31).
`
`8.
`
`Regarding claim 8, Sakai further discloses (Fig. 2) whereim: the secondside surface (9) 1s vertical to
`
`the first surface of the substrate G1).
`
`9.
`
`Regarding claim 10, Sakai further discloses (Fig. 2) wherein: the at least one antenna element (32) is a
`
`plurality of antenna elements, the plurality of antenna elements (32) are disposed on the substrate (31) in a
`
`one-dimensional arrangement direction, and the side wall (4) 1s provided on an extensionline of the
`
`arrangementdirection.
`
`10.
`
`Regarding claim 11, Sakai further discloses (Fig. 2) wherein: the at least one antenna element (32) is a
`
`plurality of antenna elements (32), the plurality of antenna elements (32) are disposed on the substrate 31) in
`
`a two-dimensional direction ([0026]), and the side wall 4) 1s provided at a position surrounding the plurality
`
`of antenna elements (32).
`
`11.
`
`Regarding claim 12, Sakai further discloses (Fig. 2) wherein: the at least one antenna element (32) has
`
`an operating frequency included 1n at least one of a quasi-millimeter-wave band, a millimeter-wave band, and
`
`a terahertz band ({0029], millimeter-wave band).
`
`

`

`Application/Control Number: 17/045,849
`Art Unit: 2845
`
`Page 4
`
`12.
`
`Regarding claim 13, Sakai further discloses (Fig. 2) wherein: the side wall (4) 1s filled with a dielectric
`
`([0029)).
`
`Claim Rejections - 35 USC § 103
`
`The following 1s 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 mvention may not be obtained, notwithstanding that the claimed imvention 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.
`
`13.
`
`Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Sakai in view of Durham
`
`et al. (US 6999044 B2), hereinafter known as Durham.
`
`14.
`
`Regarding claim 2, Sakai does not specifically teach the array antenna includes a phase shifter that
`
`controls an excitation phase of the at least one antenna element, and a control circu:t that controls a phase of
`
`the phaseshifter.
`
`However, Durham teaches (Fig. 4) an array antenna (400b) includes a phase shifter (85) that controls
`
`an excitation phase ofat least one antenna element (400b), and a control circuit (30) that controls a phase of
`
`the phase shifter (85).
`
`eetesseeeeneeeeeet
`
`( TONRRELLER
`
`
`
`It would have been obvious before the effective filing date of the claimed invention to a person
`
`having ordinary skill in the art to modify the antenna apparatus of Sakai with Durham to include “an array
`
`antenna includes a phase shifter that controls an excitation phase of at least one antenna element, and a
`
`control circuit that controls a phase of the phase shifter,” as taught by Durham,for the purpose of improving
`
`performance with directivity through beam steering (see also col. 7, lines 1-8).
`
`

`

`Application/Control Number: 17/045,849
`Art Unit: 2845
`
`Page 5
`
`1.
`
`Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sakai in view of
`
`Emanuelsson (US Patent No. 10012720 B2).
`
`16.
`
`Regarding claim 6, Sakai does not specifically teach wherein: the angle of inclination of the first side
`
`surface with respect to thefirst surface of the substrate 1s 65° orless.
`
`However, Emanuelsson teaches (Fig. 6A) wherein: an angle of inclination ofa first side surface (406)
`
`with respect to a first surface of a substrate (302) 1s 65° orless.
`
`It would have been obvious before the effective filing date of the claimed invention to a person
`
`having ordinary skill in the art to modify the antenna apparatus of Sakai with Emanuelsson to include
`
`“wherein: an angle of inclination of a first side surface with respect to a first surface of a substrate 1s 65° or
`
`less,” as taught by Emanuelsson, for the purpose of improving performance by not obstructing the beam (see
`
`also col. 8, lines 45-48).
`
`17.
`
`Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sakai in view of
`
`Sakai et al. (US PGPUB 2019/0067827 A1).
`
`18.
`
`Regarding claim 9, Sakai does not specifically teach wherein: the second side surface has a lens shape.
`
`However, Sakai et al. teaches (Fig. 8) wherein: a second side surface 6c) has a lens shape.
`
`FIG.S
`
`
`
`It would have been obvious before the effective filing date of the claimed invention to a person
`
`having ordinary skill in the art to modify the antenna apparatus of Sakai with Sakai et al. to include “wherein:
`
`

`

`Application/Control Number: 17/045,849
`Art Unit: 2845
`
`Page 6
`
`a second side surface has a lens shape,” as taught by Sakai et al., for the purpose of improving performance
`
`by minimizing influences of unnecessary waves(see also [0032]).
`
`19.
`
`Regarding claim 14, Sakai does not specifically teach wherein:the side wall has at least a height that
`
`allows a beam in a direction forming an angle of 30° with respect to the first surface of the substrate to be
`
`made incident.
`
`However, Sakai et al. teaches (Fig. 5 and 8) wherein: the side wall (5) has at least a height that allows a
`
`beam in a direction forming an angle of 30° with respectto the first surface of the substrate to be made
`
`incident (detection area).
`
`FIGS
`
`3
`
`4
`
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`
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`
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`
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`
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`
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`
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`
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`i
`:
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`
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`
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`
`It would have been obvious before the effective filing date of the claimed invention to a person
`
`having ordinary skill in the art to modify the antenna apparatus of Sakai with Sakai et al. to include “wherein:
`
`a secondside surface has a lens shape,” as taught by Sakai et al., for the purpose of improving performance
`
`by minimizing leakage of waves and transmitting within a detection area (see also [0003)).
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner should be
`
`directed to YONCHANJ KIM whose telephone numberis (571)272-3204. The examiner can normally be
`
`reached on Monday- Friday 8:00 am - 5:00 pm.
`
`

`

`Application/Control Number: 17/045,849
`Art Unit: 2845
`
`Page 7
`
`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, Dimary
`
`Lopez can be reached on (571) 270-7893. The fax phone numberfor the organization wherethis application
`
`or proceeding is assigned 1s 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 may be obtained from
`
`either Private PAIR or Public PAIR. Status information for unpublished applications 1s available through
`
`Private PAIR only. For more information about the PAIR system,see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on access to 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 the automated information system, call 800-786-9199 (IN USA
`
`OR CANADA)or 571-272-1000.
`
`/YONCHANJ KIM/
`Examiner, Art Unit 2845
`
`/DIMARY S LOPEZ CRUZ/
`Supervisory Patent Examiner, Art Unit 2845
`
`

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