Prosecution Insights
Last updated: July 17, 2026
Application No. 18/115,641

ANTENNA STRUCTURE AND WEARABLE DEVICE HAVING SAME

Final Rejection §103
Filed
Feb 28, 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
4 (Final)
66%
Grant Probability
Favorable
5-6
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 . Response to Amendment The amendment filed March 13, 2026 has been entered. The Applicant amended claims 8, 15, and 18. Claims 1-8, 10-13, and 15-19 pending in the application. Applicant’s amendments to the Claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed December 16, 2025. The examiner withdraws the Claims objections in light of the amendments to the Claims. Applicant's arguments filed March 13, 2026 have been fully considered but they are not persuasive. Regarding claim 8, the applicant argues “Turning to Paulotto, paragraph [0063] of Paulotto recites ‘antennas 40A and 40B may be formed on a dielectric substrate such as substrate 120. Substrate 120 may be, for example, a rigid or printed circuit board or other dielectric substrate. Substrate 120 may include multiple dielectric layers 122 (e.g., multiple layers of printed circuit board substrate such as multiple layers of fiberglass-filled epoxy) such as a first dielectric layer 122-1, a second dielectric layer 122-2 over the first dielectric layer, a third dielectric layer 122-3 over the second dielectric layer, a fourth dielectric layer 122-4 over the third dielectric layer, and a fifth dielectric layer 122-5 over the fourth dielectric layer. Additional dielectric layers 122 may be stacked within substrate 120 if desired’. Furthermore, paragraph [0027] of Paulotto further recites ‘antennas may be mounted in housing 12. If desired, some of the antennas (e.g., antenna arrays that may implement beam steering, etc.) may be mounted under an inactive border region of display 14 (see, e.g., illustrative antenna locations 50 of FIG. 1). Display 14 may contain an active area with an array of pixels (e.g., a central rectangular portion). Inactive areas of display 14 are free of pixels and may form borders for the active area. If desired, antennas may also operate through dielectric-filled openings in the rear of housing 12 or elsewhere in device 10’ According to above recitation, although Paulotto discloses that the antennas can be formed on a PCB and the PCB can include multiple dielectric layers, the antenna structure and PCB structure of Paulotto are all mounted in the housing 12. That is, Paulotto does not disclose that the top surface of the fifth dielectric layer 122-5 is the appearance surface of the electronic device 10. On the contrary, in one or more non-limiting implementations of the present application, the second surface of the plastic layer is an appearance surface of the wearable device, and the second surface of the plastic layer defines a second slot configured for receiving the second radiating portion, which can form a predetermined metal logo on the exterior surface of the wearable device to enhance their uniqueness and recognizability. See independent claim 8 which recites features similar to those in the example implementations. This is completely different from Paulotto.” This argument is unpersuasive, paragraph [0045] of Paulotto teaches that the antenna structure of Paulotto may be mounted on the exterior of conductive portions of housing of Paulotto in which case the second surface (top of 122-5) is on an exterior appearance surface of the wearable device which teaches, with a broad and reasonable interpretation, “wherein the second surface is an appearance surface of the wearable device.” 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 8, 10-13, 15, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Paulotto et al. (US PGPUB 2019/0020110 A1), hereinafter known as Paulotto, in view of Ely et al. (US PGPUB 2020/0096948 A1), hereinafter known as Ely. Regarding claim 8, Paulotto teaches (Fig. 7) An antenna structure applied in a wearable device ([0023]), the antenna structure comprising: a plastic layer (120), the plastic layer comprising a first surface (top of 122-4) and a second surface (top of 122-5) corresponding to each other; a first radiating portion (104B), the first radiating portion (104B) arranged in the first surface (top of 122-4); a second radiating portion (106), the second radiating portion (106) being a predetermined metal pattern ([0068]), the second radiating portion (106) arranged in the second surface (top of 122-5); a feed portion (126B); and a connecting portion (124B), the connecting portion (124B) electrically connected to the feed portion (126B) and the first radiating portion (104B); wherein the feed portion (126B) feeds an electrical current to the first radiating portion (104B), the first radiating portion (104B) conducts the electrical current, the second radiating portion (106) couples the electrical current from the first radiating portion (104B) to generate radiation signals in a first radiation frequency band ([0068]); the first surface (top of 122-4) defines a first slot ([0072], embedded in a molded plastic results in a slot in the first surface to accommodate the first radiating portion 104B) configured for receiving the first radiating portion (104B), the second surface (top of 122-5) defines a second slot ([0072], embedded in a molded plastic results in a slot in the second surface to accommodate the second radiating portion 104B) configured for receiving the second radiating portion (106), the first radiating portion (104B) is spaced apart from the second radiating portion (106) by a predetermined distance (H”); wherein the second surface (top of 122-5) is an appearance surface of the wearable device ([0045]) but does not specifically teach the first radiating portion being a ceramic antenna. However, Ely teaches a first radiating portion being a ceramic antenna ([0058]). 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 Paulotto with Ely to include “a first radiating portion being a ceramic antenna,” as taught by Ely, for the purpose of reducing noise and improving amplification (see also [0098]). Regarding claim 10, Paulotto does not specifically teach wherein the ceramic antenna is formed by a metal radiating portion received in a ceramic layer. However, Ely teaches wherein the ceramic antenna is formed by a metal radiating portion received in a ceramic layer ([0051], [0058]). 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 Paulotto with Ely to include “wherein the ceramic antenna is formed by a metal radiating portion received in a ceramic layer,” as taught by Ely, for the purpose of reducing noise and improving amplification (see also [0098]). Regarding claim 11, Paulotto does not specifically teach wherein the ceramic antenna is formed by a metal radiating portion arranged on a surface of a ceramic layer. However, Ely teaches wherein the ceramic antenna is formed by a metal radiating portion arranged on a surface of a ceramic layer ([0051], [0006]). 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 Paulotto with Ely to include “wherein the ceramic antenna is formed by a metal radiating portion arranged on a surface of a ceramic layer,” as taught by Ely, for the purpose of reducing noise and improving amplification (see also [0098]). Regarding claim 12, Paulotto teaches (Fig. 7) wherein the second radiating portion (106) is arranged in the second surface (top of 122-5) and exposed on the second surface of the plastic layer (120). Regarding claim 13, Paulotto teaches (Fig. 7) further comprising a circuit board (122-1 through 122-3; [0051]), wherein the circuit board is adjacent to a side of the plastic layer arranging the first radiating portion (104B), the feed portion (126B) is arranged on the circuit board (122-1 through 122-3). Regarding claim 15, Paulotto does not specifically teach wherein a range of predetermined dielectric constants of the ceramic antenna is 10-40. However, Ely teaches a range of predetermined dielectric constants of the ceramic antenna is 10-40 ([0007], zirconia dielectric constant is within 10-40). 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 Paulotto with Ely to include “a range of predetermined dielectric constants of the ceramic antenna is 10-40,” as taught by Ely, for the purpose of reducing noise and improving amplification (see also [0098]). Regarding claim 18, Paulotto teaches (Fig. 7) A wearable device ([0023]), comprising: an antenna structure comprising: a plastic layer (120), the plastic layer comprising a first surface (top of 122-4) and a second surface (top of 122-5) corresponding to each other; a first radiating portion (104B), the first radiating portion (104B) arranged in the first surface (top of 122-4); a second radiating portion (106), the second radiating portion (106) being a predetermined metal pattern ([0068]), the second radiating portion (106) arranged in the second surface (top of 122-5); a feed portion (126B); and a connecting portion (124B), the connecting portion (124B) electrically connected to the feed portion (126B) and the first radiating portion (104B); wherein the feed portion (126B) feeds an electrical current to the first radiating portion (104B), the first radiating portion (104B) conducts the electrical current, the second radiating portion (106) couples the electrical current from the first radiating portion (104B) to generate radiation signals in a first radiation frequency band ([0068]); the first surface (top of 122-4) defines a first slot ([0072], embedded in a molded plastic results in a slot in the first surface to accommodate the first radiating portion 104B) configured for receiving the first radiating portion (104B), the second surface (top of 122-5) defines a second slot ([0072], embedded in a molded plastic results in a slot in the second surface to accommodate the second radiating portion 104B) configured for receiving the second radiating portion (106), the first radiating portion (104B) is spaced apart from the second radiating portion (106) by a predetermined distance (H”); wherein the second surface (top of 122-5) is an appearance surface of the wearable device ([0045]) but does not specifically teach the first radiating portion being a ceramic antenna. However, Ely teaches a first radiating portion being a ceramic antenna ([0058]). 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 Paulotto with Ely to include “a first radiating portion being a ceramic antenna,” as taught by Ely, for the purpose of reducing noise and improving amplification (see also [0098]). Regarding claim 19, Paulotto teaches (Fig. 3) further comprising a housing (12R), wherein the antenna structure (50) is received in the housing (12). Conclusion The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply. Applicant, in preparing the response, should consider fully the entire reference as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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

Show 1 earlier event
Feb 06, 2025
Non-Final Rejection mailed — §103
Apr 28, 2025
Response Filed
Aug 07, 2025
Final Rejection mailed — §103
Nov 06, 2025
Request for Continued Examination
Nov 13, 2025
Response after Non-Final Action
Dec 16, 2025
Non-Final Rejection mailed — §103
Mar 13, 2026
Response Filed
May 19, 2026
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

5-6
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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