Prosecution Insights
Last updated: July 17, 2026
Application No. 18/113,005

ANTENNA STRUCTURE AND WEARABLE DEVICE HAVING SAME

Non-Final OA §103
Filed
Feb 22, 2023
Priority
Feb 28, 2022 — provisional 63/315,064
Examiner
LEVI, DAMEON E
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Chiun Mai Communication Systems Inc.
OA Round
3 (Non-Final)
66%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
70%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
236 granted / 359 resolved
-2.3% vs TC avg
Minimal +5% lift
Without
With
+4.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
35 currently pending
Career history
407
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
52.7%
+12.7% vs TC avg
§102
45.3%
+5.3% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 359 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 11, 2026 has been entered. Information Disclosure Statement The information disclosure statements (IDS) submitted on December 2, 2025, December 31, 2025, and April 29, 2026. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Response to Amendment The amendment filed February 11, 2026 has been entered. The Applicant amended claims 1 and 11. Claims 1-9 and 11-19 remain pending in the application. Applicant’s arguments with respect to claims 1-2, 6-9, 11-12, and 16-19 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection. 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. Claims 1-2, 6-9, 11-12, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Napoles et al. (US Patent No. 10855335 B1), hereinafter known as Napoles, in view of Wu (CN 208386865 U). Regarding claim 1, Napoles teaches (Fig. 1 and 3) An antenna structure applied in a wearable device (100), the antenna structure comprising: a first radiating portion (140, 320), the first radiating portion being a metal structure (col. 4, lines 53-56); a ceramic layer (340), the ceramic layer (340) covering and contacting the first radiating portion (140, 320); a plastic layer (136), the first radiating portion (140, 320) arranged between the ceramic layer (340) and the plastic layer (136); the plastic layer (136) defining a first slot (138) and a second slot (rectangular slot of 136), the first slot (138) facing the ceramic layer (340); a feed portion (106), the feed portion (106) passing through the plastic layer (136) connected to the first radiating portion (140, 320), the feed portion (106) configured for feeding an electric current into the first radiating portion (140, 320), the first radiating portion (140, 320) and the ceramic layer (340) cooperatively generating radiation signals in at least one radiation frequency band (col. 5, lines 20-27); and a circuit board (104), the second slot (rectangular slot of 136) facing the circuit board (104), the circuit board (104) received in the second slot (rectangular slot of 136) but does not specifically teach the first slot and the second slot formed on opposite surfaces of the plastic layer, the first radiating portion received in the first slot and coplanar with a surface of the plastic layer. However, Wu teaches (Fig. 9) the plastic layer (12) defining a first slot (60) and a second slot (60), the first slot and the second slot formed on opposite surfaces of the plastic layer (12), the first radiating portion (120) received in the first slot (60) and coplanar with a surface of the plastic layer (12). 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 structure of Napoles with Wu to include “the first slot and the second slot formed on opposite surfaces of the plastic layer, the first radiating portion received in the first slot and coplanar with a surface of the plastic layer,” as taught by Wu, for the purpose of improving durability (see also [0037]). Regarding claim 2, Napoles further teaches (Fig. 1 and 3) wherein the ceramic layer (340) is arranged on an external surface of the wearable device, the ceramic layer (340) covers the first radiating portion (140, 320) and the plastic layer (136). Regarding claim 6, Napoles further teaches (Fig. 1, 3, and 5) wherein the ceramic layer (340) comprises an internal surface (internal surface of 340) and an external surface (external surface of 340) corresponding to each other, the internal surface of the ceramic layer (340) faces and covers the first radiating portion (140, 320), the external surface of the ceramic layer (340) arranges a pattern structure (520). Regarding claim 7, Napoles further teaches (Fig. 1, 3, and 5) wherein the external surface of the ceramic layer (340) arranges the pattern structure with metal materials (520; col. 14, lines 11-14). Regarding claim 8, Napoles further teaches (Fig. 1, 3, and 5) wherein the external surface of the ceramic layer (340) arranges the pattern structure with non-metal materials (col. 14, lines 16-17, “platable plastic material”). Regarding claim 9, Napoles further teaches (Fig. 1, 3, and 5) wherein a surface of the ceramic layer (340) is coated or sprayed with a predetermined metal pattern structure (col. 14, lines 14-16). Regarding claim 11, Napoles teaches (Fig. 1 and 3) a wearable device (100), comprising: a housing (col. 4, line 18); and an antenna structure (140, 320) received in the housing, the antenna structure (140, 320) comprising: a first radiating portion (140, 320), the first radiating portion being a metal structure (col. 4, lines 53-56); a ceramic layer (340), the ceramic layer (340) covering and contacting the first radiating portion (140, 320); a plastic layer (136), the first radiating portion (140, 320) arranged between the ceramic layer (340) and the plastic layer (136) defining a first slot (138) and a second slot (rectangular slot of 136), the first slot (138) facing the ceramic layer (340); a feed portion (106), the feed portion (106) passing through the plastic layer (136) connected to the first radiating portion (140, 320), the feed portion (106) configured for feeding an electric current into the first radiating portion (140, 320), the first radiating portion (140, 320) and the ceramic layer (340) cooperatively generating radiation signals in at least one radiation frequency band (col. 5, lines 20-27); a circuit board (104), the second slot (rectangular slot of 136) facing the circuit board (104), the circuit board (104) received in the second slot (rectangular slot of 136) a speaker (118) arranged on a side of the circuit board (104) away from the plastic layer (136), but does not specifically teach the first slot and the second slot formed on opposite surfaces of the plastic layer, the first radiating portion received in the first slot and coplanar with a surface of the plastic layer. However, Wu teaches (Fig. 9) the plastic layer (12) defining a first slot (60) and a second slot (60), the first slot and the second slot formed on opposite surfaces of the plastic layer (12), the first radiating portion (120) received in the first slot (60) and coplanar with a surface of the plastic layer (12). 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 wearable device of Napoles with Wu to include “the first slot and the second slot formed on opposite surfaces of the plastic layer, the first radiating portion received in the first slot and coplanar with a surface of the plastic layer,” as taught by Wu, for the purpose of improving durability (see also [0037]). Regarding claim 12, Napoles further teaches (Fig. 1 and 3) wherein the ceramic layer (340) is arranged on an external surface of the wearable device, the ceramic layer (340) covers the first radiating portion (140, 320) and the plastic layer (136). Regarding claim 16, Napoles further teaches (Fig. 1, 3, and 5) wherein the ceramic layer (340) comprises an internal surface (internal surface of 340) and an external surface (external surface of 340) corresponding to each other, the internal surface of the ceramic layer (340) faces and covers the first radiating portion (140, 320), the external surface of the ceramic layer (340) arranges a pattern structure (520). Regarding claim 17, Napoles further teaches (Fig. 1, 3, and 5) wherein the external surface of the ceramic layer (340) arranges the pattern structure with metal materials (520; col. 14, lines 11-14). Regarding claim 18, Napoles further teaches (Fig. 1, 3, and 5) wherein the external surface of the ceramic layer (340) arranges the pattern structure with non-metal materials (col. 14, lines 16-17, “platable plastic material”). Regarding claim 19, Napoles further teaches (Fig. 1, 3, and 5) wherein a surface of the ceramic layer (340) is coated or sprayed with a predetermined metal pattern structure (col. 14, lines 14-16). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YONCHAN J KIM whose telephone number is (571)272-3204. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm. 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 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DAMEON E LEVI/Supervisory Patent Examiner, Art Unit 2845 /YONCHAN J KIM/Examiner, Art Unit 2845
Read full office action

Prosecution Timeline

Feb 22, 2023
Application Filed
Feb 04, 2025
Non-Final Rejection mailed — §103
Apr 28, 2025
Response Filed
Aug 08, 2025
Final Rejection mailed — §103
Nov 07, 2025
Request for Continued Examination
Nov 14, 2025
Response after Non-Final Action
Feb 11, 2026
Response Filed
Jun 16, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
66%
Grant Probability
70%
With Interview (+4.7%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 359 resolved cases by this examiner. Grant probability derived from career allowance rate.

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