Prosecution Insights
Last updated: October 04, 2026
Application No. 18/238,305

SHARED APERTURE MULTI-BAND METASURFACE ELECTRONICALLY SCANNED ANTENNA (ESA)

Final Rejection §112
Filed
Aug 25, 2023
Priority
Aug 29, 2022 — provisional 63/401,825
Examiner
HAMADYK, ANNA N
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kymeta Corporation
OA Round
4 (Final)
89%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
62 granted / 70 resolved
+20.6% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
30 currently pending
Career history
93
Total Applications
across all art units

Statute-Specific Performance

§103
52.7%
+12.7% vs TC avg
§102
14.9%
-25.1% vs TC avg
§112
31.0%
-9.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 70 resolved cases

Office Action

§112
DETAILED ACTION 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 06/08/2026 has been entered. Claims 1-5, 7-8, 10, 14-17, 19-21 are currently pending. Amendments to the claims have overcome the objections and 112(b) rejections set forth in the Non-Final Office Action dated 02/20/2026. However, a 112(d) rejection of claim 2 is outstanding, and a new rejection of claim 8 has been added. Claim Objections Claims 1-5, 7-8, 10, 14-17 and 19 are objected to because of the following informalities: Claim 1 (line 23): “operable at multiple bands that include a first band and a second band” should read “operable at multiple frequency bands that include a first band and a second band”. Claim 4: “wherein the first and second bands share the same receive, Rx, and transmit, Tx, radiating elements” should include the limitation of claim 5 (wherein the plurality of multi-band RF radiating elements comprises a first sub-array of multi-band RF radiating elements for performing Tx operations and a second sub-array of multi-band RF radiating antenna elements for performing Rx operations”) to avoid antecedent basis issues (see fig. 3B of the instant Application). Claim 14: “independently control first and second frequency bands, respectively, of the multiple bands” should read “independently control the first and second frequency bands”. Claim 16 (end of line 4): “share the same” should read “share a same” to avoid antecedent basis issues. Appropriate correction is required. Claims 2-3, 5, 7-8, 10, 15, 17 and 19 are objected to due to their dependency. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 2-4 and 8 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 1 recites “the antenna is operable at multiple bands that include a first band and a second band”. Claim 2, which is dependent on claim 1, recites “wherein the first and second bands are two bands of the multiple bands” and therefore fails to limit the subject matter of the claim on which it depends. Claim 8 recites “wherein at least one of the first and second dies is an integrated circuit die”. Claim 1, on which claim 8 depends, recites (third paragraph) “each of the first and second dies comprising an integrated circuit”. Claim 8 therefore fails to limit the subject matter of the claim on which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claims 3-4 are rejected due to their dependency on claim 1. Allowable Subject Matter Claims 1, 5, 7, 10, 14-17, 19-21 are allowed. The subject matter of claims 2-4 and 8 is allowable (see 112(d) rejections above). The following is a statement of reasons for the indication of allowable subject matter: The pertinent prior art, as a whole, or in combination, cannot be reasonably construed as adequately teaching or suggesting the elements and features of the claimed invention(s) as arranged, disposed, or provided in the manner as claimed by the Applicant. Regarding claim 1, Quarforth (US 2020/0083605 – of record) discloses some elements of the invention (figs. 1A & 1B, fig. 5 and fig. 8B), including: an aperture having a plurality of multi-band radio-frequency (RF) radiating antenna elements (10), wherein each antenna element of the plurality of multi-band RF radiating antenna elements is configurable to operate at any of multiple bands (¶71), wherein each multi-band RF radiating antenna element comprises a slot (14) loaded with one or more components (tuning devices 16), wherein at least one component of the one or more components is coupled across a width of the slot at a central portion of the slot (see fig. 1B); and a controller coupled to the plurality of multi-band RF antenna elements to dynamically configure said each multi-band RF antenna element of the plurality of multi-band RF antenna elements to operate at each of the multiple bands at different times (¶59), wherein the controller is operable to control first and second resonances of the slot of each of the plurality of multi-band RF radiating antenna elements to obtain operation of the plurality of multi-band RF radiating antenna elements at each of the multiple bands by controlling the one or more components of said each multi-band RF radiating antenna element including operating the plurality of multi-band RF radiating antenna elements at one of the multiple bands when tuning said each multi-band RF radiating antenna element with the at least one component across the central portion of the slot (¶¶59-60), wherein a first component is coupled across the width of the slot at the central portion of the slot and a second component is coupled across the width of the slot at a location proximate to an edge of the slot, respectively, such that the antenna is operable at multiple frequency bands that include a first band and a second band (¶71), and wherein the controller selects use of the first or second component according to whether the slot is to be operating at the first band or the second band (¶¶59-60). Quarforth does not teach, or suggest, tunable components, first and second dies containing first and second tunable components, each of the first and second dies comprising an integrated component, wherein the first die is coupled across the width of the slot at the central portion of the slot and the second die is coupled across the width of the slot at a location proximate to an edge of the slot, respectively, without creating a short circuit, and further wherein the first and second dies have a first and second signal path within the respective integrated circuit of the first and second dies, respectively, each signal path being dedicated to one of the first and second bands and each signal path comprising a respective device coupled in series or in parallel with a respective tunable component within the respective integrated circuit, wherein the respective device is configured such that, during operation at the first band, the signal path associated with the first band is closed with the tunable component therein activated and the signal path associated with the second band is open with the tunable component therein deactivated, and during operation at the second band, the signal path associated with the second band is closed with the tunable component therein activated and the signal path associated with the first band is open with the tunable component therein deactivated. Baliarda (US 2008/0316118 – of record) discloses some elements of the invention, including an antenna element having a slot (slot 6) configurable to operate at any of multiple bands (¶38). The slot is loaded with one or more tunable components (¶43, “The component is a diode”), wherein at least one tunable component (10b) is coupled across a width of the slot at a central position of the slot (6); and a controller coupled to the plurality of antenna elements to dynamically configure the antenna element to operate at multiple bands at different times (¶44). However, Baliarda does not teach, or suggest, first and second dies containing first and second tunable components, each of the first and second dies comprising an integrated circuit, wherein the first and second dies have a first and second signal path within the respective integrated circuit of the first and second dies, respectively, each signal path being dedicated to one of the first and second bands and each signal path comprising a respective device coupled in series or in parallel with a respective tunable component within the respective integrated circuit, wherein the respective device is configured such that, during operation at the first band, the signal path associated with the first band is closed with the tunable component therein activated and the signal path associated with the second band is open with the tunable component therein deactivated, and during operation at the second band, the signal path associated with the second band is closed with the tunable component therein activated and the signal path associated with the first band is open with the tunable component therein deactivated. Stevenson et al. (US 2021/0050671 – of record) discloses some elements of the invention, including: an aperture (fig. 21) having a plurality of multi-band (17 GHz and 20GHz) RF radiating elements (2103), a slot (iris opening 112, figs. 9A-9B) loaded with one or more tunable components (¶58, diode 102 is operated as a varactor) coupled across a width of a slot at a central position of the slot (fig. 9A); and a controller (¶52, “bias network that can control antenna elements on the array”) coupled to the multi-band RF elements to dynamically configure each multi-band RF element to operate at each of multiple bands at different times by controlling resonances of the slot (¶¶58-59, “adjusting the voltage of the diode, adjusts the resonance of the antenna element”), first and second dies containing first and second tunable components (¶69, “a conventional rectangular diode die packaged”; fig. 9A, first and second diodes 102), wherein the first die is coupled across the width of the slot at the central portion of the slot (see diode 102 of fig. 9B) without creating a short circuit, such that the antenna is operable at multiple frequency bands that include a first band and a second band. However, Stevenson does not teach, or suggest, each of the first and second dies comprises an integrated circuit, the second die coupled across the width of the slot at a location proximate to an edge of the slot, further wherein the first and second dies have a first and second signal path within the respective integrated circuit of the first and second dies, respectively, each signal path being dedicated to one of the first and second bands and each signal path comprising a respective device coupled in series or in parallel with a respective tunable component within the respective integrated circuit, wherein the respective device is configured such that, during operation at the first band, the signal path associated with the first band is closed with the tunable component therein activated and the signal path associated with the second band is open with the tunable component therein deactivated, and during operation at the second band, the signal path associated with the second band is closed with the tunable component therein activated and the signal path associated with the first band is open with the tunable component therein deactivated. Claims 5, 7, 10 and 14-15 are allowable due to their dependency on claim 1. Regarding independent claim 16, Quarforth, Baliarda and Stevenson are cited as teaching some elements of the claimed invention. However, they do not teach, or suggest, first and second tunable components contained in first and second dies, respectively, each of the first and second dies comprising an integrated circuit, with the first tunable component coupled across a width of the slot at a central portion of the slot as part of a first signal path within the integrated circuit of the first die and the second tunable component coupled across the width of the slot at a location proximate to an edge of the slot as part of a second signal path within the integrated circuit of the second die, each signal path being dedicated to one of the two bands and each signal path comprising a respective device coupled in series or in parallel with the respective tunable component within the respective integrated circuit, wherein the respective device is configured such that, during operation at a first band of the two bands, the signal path associated with the first band is closed with the tunable component therein activated and the signal path associated with a second band of the two bands is open with the tunable component therein deactivated, and during operation at the second band, the signal path associated with the second band is closed with the tunable component therein activated and the signal path associated with the first band is open with the tunable component therein deactivated. Claims 17 and 19 are allowable due to their dependency on claim 16. Regarding independent claim 20, Quarforth, Baliarda and Stevenson are cited as teaching some elements of the claimed invention. However, they do not teach, or suggest, the method steps of claim 20 in that they do not teach first and second tunable components contained in first and second dies, respectively, each of the first and second dies comprising an integrated circuit, with the first tunable component coupled across a width of the slot at a central portion of the slot as part of a first signal path within the integrated circuit of the first die and the second tunable component coupled across the width of the slot at a location proximate to an edge of the slot as part of a second signal path within the integrated circuit of the second die, each signal path being dedicated to one of the first and second bands and each signal path comprising a respective device coupled in series or in parallel with the respective tunable component within the respective integrated circuit and the associated controlling steps carried out by the aforementioned structure. Claim 21 is allowable due to its dependency on claim 20. Conclusion 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 ANNA N HAMADYK whose telephone number is (703)756-1672. The examiner can normally be reached 7:30 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, Dimary Lopez can be reached at (571) 270-7893. 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. /ANNA N HAMADYK/Examiner, Art Unit 2845 /DIMARY S LOPEZ CRUZ/Supervisory Patent Examiner, Art Unit 2845
Read full office action

Prosecution Timeline

Show 1 earlier event
Apr 10, 2025
Non-Final Rejection mailed — §112
Sep 08, 2025
Response Filed
Oct 14, 2025
Final Rejection mailed — §112
Jan 14, 2026
Request for Continued Examination
Jan 24, 2026
Response after Non-Final Action
Feb 20, 2026
Non-Final Rejection mailed — §112
Jun 08, 2026
Response Filed
Sep 09, 2026
Final Rejection mailed — §112 (current)

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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
89%
Grant Probability
97%
With Interview (+8.1%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 70 resolved cases by this examiner. Grant probability derived from career allowance rate.

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