Prosecution Insights
Last updated: May 29, 2026
Application No. 18/263,923

ANTENNA AND COMMUNICATION APPARATUS

Non-Final OA §103
Filed
Feb 05, 2024
Priority
Feb 03, 2021 — JP 2021-016102 +1 more
Examiner
DUONG, DIEU HIEN
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Dai Nippon Printing Co. Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
812 granted / 1038 resolved
+10.2% vs TC avg
Strong +17% interview lift
Without
With
+17.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
18 currently pending
Career history
1054
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
83.7%
+43.7% vs TC avg
§102
8.8%
-31.2% vs TC avg
§112
2.5%
-37.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1038 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 . Election/Restrictions Applicant's election with traverse of species I, claims 1-5, 14-18 and 20-28 in the reply filed on January 16, 2026 is acknowledged. The traversal is on the ground(s) that search and examination all species could be made without serous burden. This is not found persuasive because these inventions are independent or distinct and they have acquired a separate status in the art due to their recognized divergent subject matter. The inventions also require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries). In view of this reason, a restriction imposed is clearly proper. The requirement is still deemed proper and is therefore made FINAL. Claims 6-13 and 19 are currently withdrawn in this action. 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 1-5, 14-15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Mirimoto et al (US 2020/0303813, cited on IDS 08/02/23) in view of Li et al (US 2012/0050114). PNG media_image1.png 312 600 media_image1.png Greyscale Regarding claim 1, Mirimoto discloses in Figure 2, an antenna, comprising: a base (32) that includes a first surface and a second surface located at an opposite side in relation to the first surface; a first conductor layer (41) that includes a third surface facing the first surface, a fourth surface located at an opposite side in relation to the third surface, and a first side surface located between the third surface and the fourth surface; and a first cover layer (31) that covers the fourth surface and the first side surface, wherein the first side surface includes a first end connected to the third surface and a second end connected to the fourth surface, the first end is located outward of the second end in a plan view. Mirimoto is silent on the first cover layer (31) including a first colored layer that includes a colorant. However, such difference is not patentable merit. It is a common practice and well known in the art that a colored cover layer is used to provide an aesthetically pleasing cover. One of such examples is the teaching of Li in par. 0073 and Fig. 11, the first cover layer (84) including a first colored layer that includes a colorant. Therefore, to employ having the cover layer as claimed invention would have been obvious to person skill in the art. Regarding claim 2, as applied to claim 1, Li discloses in Figure 11 and par. 0067, a ground (12) that including a second conductor layer located at the second surface side with respect to the base (78) , the ground (12) including second perimeter located outward of the first side surface in a plan view. Regarding claim 3, as applied to claim 1, Mirimoto discloses in Figure 2, wherein the first side surface includes a surface located of a virtual straight line passing through the first end and the second end in a cross-sectional view. Mirimoto does not disclose the surface being an inward surface. However, Mirimoto discloses in par. 0064, the surface enables a wedge effect to prevent the first conductor layer from coming out upward and improve reliability. It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to change the surface of Mirimoto to have an inward surface to prevent from coming outward and further improve reliability. Therefore, to employ having the inward surface as claimed invention would have been obvious to person skill in the art. Regarding claims 4-5, as applied to claim 3, Mirimoto discloses in Figure 2, wherein the first side surface forms a first angle with respect to the third surface at the first end, the first side surface forms a second angle with respect to the fourth surface at the second end, and a sum of the first angle and the second angle is greater than 90°. Mirimoto is silent on the sum being less than 175° and the second angle being 135° or less. It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to set or select the second angle and the sum to optimize the wedge effect and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art. In re Aller, 105 USPQ 233. Regarding claims 14-15, as applied to claim 1, Mirimoto discloses in Figure 2, wherein the first cover layer (31) includes an upper surface parallel to the first surface; wherein the first colored layer (31) includes a lower surface parallel to the first surface. Regarding claim 18, as applied to claim 1, Mirimoto discloses in Figure 2, wherein the first colored layer (31) is in contact with the fourth surface and the first side surface. Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Mirimoto et al (US 2020/0303813) in view of Li et al (US 2012/0050114) and further in view of Gupta et al (US 2020/0212536). Regarding claims 16-17, Mirimoto discloses every feature of claimed invention as expressly recited in claims 1 and 14, except for wherein the first cover layer includes a layer that is in contact with the first side surface and includes an upper surface including a step overlapping with the first side surface in a plan view. Gupta discloses in Figure 1, wherein the first cover layer (116) includes a layer that is in contact with the first side surface (side surface of 104) and includes an upper surface including a step overlapping with the first side surface in a plan view. It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to modify the cover layer of Mirimoto with the cover layer having upper surface as taught by Gupta to achieve an optimal performance for the antenna. Therefore, to employ having the cover layer as claimed invention would have been obvious to person skill in the art. Claims 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Mirimoto et al (US 2020/0303813) in view of Li et al (US 2012/0050114) and further in view of Pei (CN 10293148). Regarding claim 20, Mirimoto AND Li discloses every feature of claimed invention as expressly recited in claim 1, except for the first cover layer including a second colored layer that includes a colorant. Pei discloses in Figure 2, the first cover layer including a second colored layer (21) that includes a colorant. It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to modify the first cover layer of Mirimoto with the cover layer having a second colored layer as taught by Pei to optimize the radiation characteristic and improve protection of cover layer based on particular application or environment of use. Therefore, to employ having the first cover layer as claimed invention would have been obvious to person skill in the art. Regarding claims 21-22, as applied to claim 20, Li (par. 0066) and Wu (par. 0012) disclose, wherein the first cover layer includes a second pressure sensitive adhesive layer located between a first colored layer and the second colored layer; wherein the first cover layer includes a first transparent layer located between the first colored layer and the second colored layer. Claims 23-24 and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Mirimoto et al (US 2020/0303813) in view of Li et al (US 2012/0050114) and further in view of Kaloi (US 3,947,850). Regarding claim 23, Mirimoto discloses every feature of claimed invention as expressly recited in claim 1, except for wherein the first conductor layer includes a patch and wiring connected to the patch, and a slit is formed between the patch and the wiring. Kaloi discloses in Figure 3A, wherein the first conductor layer includes a patch (18) and wiring (18) connected to the patch, and a slit is formed between the patch (17) and the wiring (18). It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to modify the first conductor layer of Mirimoto with the conductor layer being a patch as taught by Kaloi to achieve a low cost, low profile and easily fabricated antenna. Therefore, to employ having the conductor layer as claimed invention would have been obvious to person skill in the art. Regarding claims 24, Kaloi discloses in Figure 3A and col. 2, lines 21-34, wherein the patch (17) is configured to deal with transmission or reception of a radio wave having a frequency of 300 MHz or higher. Regarding claims 27-28, as applied to claim 1, Kaloi discloses in col. 1, lines 39-45, a communication apparatus, comprising: a structure body that includes a surface; the antenna being attached to the surface; wherein the surface of the structure body includes a curved surface, and the antenna is attached to a curved surface. 7. Claims 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Mirimoto et al (US 2020/0303813) in view of Li et al (US 2012/0050114) and further in view of Wu et al (US 2022/0094048). Regarding claims 25-26, Mirimoto discloses every feature of claimed invention as expressly recited in claim 1, except for a third conductor layer facing the fourth surface of the first conductor layer; a third cover layer covering the third conductor layer, wherein the third cover layer includes a colorant. Wu discloses in Figure 10, a third conductor layer (106) facing the fourth surface of the first conductor layer (108); a third cover layer (72) covering the third conductor layer (106), wherein the third cover layer includes a colorant. It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to modify the antenna of Mirimoto with the antenna having a third conductor as taught by Wu to widen antenna bandwidth. Therefore, to employ having the third conductor as claimed invention would have been obvious to person skill in the art. Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIEU HIEN T DUONG whose telephone number is (571)272-8980. The examiner can normally be reached 8:00am-4:00pm. 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 CRUZ 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. /DIEU HIEN T DUONG/ Primary Examiner, Art Unit 2845
Read full office action

Prosecution Timeline

Feb 05, 2024
Application Filed
Apr 13, 2026
Non-Final Rejection mailed — §103 (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

1-2
Expected OA Rounds
78%
Grant Probability
95%
With Interview (+17.0%)
2y 7m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1038 resolved cases by this examiner. Grant probability derived from career allowance rate.

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