Prosecution Insights
Last updated: October 02, 2026
Application No. 18/370,226

ANTENNA ARRAY

Non-Final OA §103§112
Filed
Sep 19, 2023
Priority
Oct 17, 2022 — EU 22 201 792.3
Examiner
TRAN, HAI V
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Rohde & Schwarz GmbH & Co. KG
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
847 granted / 1071 resolved
+11.1% vs TC avg
Strong +19% interview lift
Without
With
+18.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
9 currently pending
Career history
1089
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
52.3%
+12.3% vs TC avg
§102
14.9%
-25.1% vs TC avg
§112
23.1%
-16.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1071 resolved cases

Office Action

§103 §112
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 . DETAILED ACTION Status of Application This Office Action is a response to Applicant’s communication (or preliminary’s amendment) filed on 09/19/2023. In virtue of this communication, claims 1-15 currently presented in the instant application. Priority Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C. 119(a)-(d). A certified copy of the priority documents received on 11/14/2023. Information Disclosure Statement The information disclosure statements (IDS) submitted on 09/19/2023 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements considered by the examiner. If applicant is aware of any prior art or any other co-pending application not already of record, he/she is reminded of his/her duty under 37 CFR 1.97 to disclose the same. Drawings The drawings submitted on 09/19/2023 accepted as part of the formal application. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-15 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Regarding claim 1, The recitation “each” in line 5 is considered vague because it is confused with “each antenna element” in line 7. Clarification is required. The recitation “the least one further plane” in line 8 is considered indefinite because it does not have an antecedent basis. Clarification is required. Regarding claim 14, The recitation “the aid” in lines 3-4 is considered indefinite because it does not have an antecedent basis. Clarification is required. 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 1-15, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Warnick et al (US 20120306698), hereinafter Warnick. Regarding claim 1, Warnick discloses an antenna array (a planar antenna array 102, Fib 1B) comprising: a main plane (a ground plane 110, Fig 1B) comprising multiple antenna elements (patch antenna elements 106, Fig 1B) and at least one further plane (an opposite ground plane 306, Fig 3B) being substantially parallel to the main plane (Fig 3B), wherein each of at least one subset (a subset S1061, Fig 1B) of the multiple antenna elements is adapted such that at least one outer portion (an outer portion 214OP, Fig 2B) of each antenna element of said at least one subset. Warnick does not explicitly teach the outer portion 214OP is continued in at least one of the least one further plane. However, in another embodiment Warnick teaches the outer portion is continued in at least one of the least one further plane (continued by a feed point 206, Fig 3B). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use at least one outer portion of each antenna element of at least one subset being continued in at least one further plane in Warnick, in order to provide an apparatus for wireless communications has significant reductions in size and assembly cost. [AltContent: textbox (Warnick (US 20120306698))] PNG media_image1.png 354 523 media_image1.png Greyscale [AltContent: textbox (Warnick (US 20120306698))][AltContent: textbox (214OP)][AltContent: arrow] PNG media_image2.png 326 474 media_image2.png Greyscale [AltContent: textbox (Warnick (US 20120306698))] PNG media_image3.png 393 621 media_image3.png Greyscale Regarding claim 2, Warnick as modified discloses the claimed invention, as discussed in claim 1. Warnick does not explicitly teach a subset or each of the multiple antenna elements comprises or is a sinuous antenna. However, Warnick teach the planar antenna array 102 may include one or more slot-type antenna elements, patch-type antenna elements, slot patch antenna elements, dielectric resonator antenna ("DRA") elements, and/or other types of planar antenna elements (paragraph [0045]), and it is well known in the art that a planar antenna may be a sinuous antenna. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a subset or each of multiple antenna elements comprising or being a sinuous antenna in Warnick as modified, in order to provide an apparatus for wireless communications has significant reductions in size and assembly cost. Regarding claim 3, Warnick as modified discloses the claimed invention, as discussed in claim 2. Warnick as modified does not teach the at least one outer portion comprises or is at least one outer arm or all outer arms of the sinuous antenna. However, it is well known in the art that at least one outer portion comprises or is at least one outer arm or all outer arms of the sinuous antenna (McCollum, US 20050104797, Fig 6). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use at least one outer portion comprising or being at least one outer arm or all outer arms of a sinuous antenna in Warnick as modified, in order to provide an apparatus for wireless communications has significant reductions in size and assembly cost. Regarding claim 4, Warnick as modified discloses the claimed invention, as discussed in claim 1. Warnick teaches the multiple antenna elements are arranged in an uniform (Fig 1B) or a non-uniform manner. Regarding claim 5, Warnick as modified discloses the claimed invention, as discussed in claim 1. Warnick the antenna array comprises or is an active electronical scanned array (“In other embodiments, the planar antenna array 102 may include an active array feed antenna, with variable gain amplifiers, phase shifters, low noise amplifiers, block downconverters, block upconverters, power amplifiers, and/or other electrical devices to electronically steer the antenna beam”; paragraph [0048]). Regarding claim 6, Warnick as modified discloses the claimed invention, as discussed in claim 1. Warnick does not explicitly teach the antenna array comprises a bandwidth of at least two octaves. However, Warnick teaches that one of skill in the art, in light of this disclosure, will recognize dimensions and other design aspects that may be adjusted to configure the planar antenna array 102 for use with various communication frequencies (paragraph [0052]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use an antenna array comprising a bandwidth of at least two octaves in Warnick as modified, in order to provide an apparatus for wireless communications has significant reductions in size and assembly cost. Regarding claim 7, Warnick as modified discloses the claimed invention, as discussed in claim 1. Warnick does not explicitly teach the at least one outer portion comprises a toothlike or wavelike shape. However, it is well known in the art that a planar antenna may be a sinuous antenna, and at least one outer portion comprises a toothlike or wavelike shape (McCollum, US 20050104797, Fig 6). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use at least one outer portion comprising a toothlike or wavelike shape in Warnick as modified, in order to provide an apparatus for wireless communications has significant reductions in size and assembly cost. Regarding claim 8, Warnick as modified discloses the claimed invention, as discussed in claim 1. Warnick teaches the multiple antenna elements are arranged such that neighboring ones of the multiple antenna elements comprise a certain distance with respect to each other (Fig 1B). Regarding claim 9, Warnick as modified discloses the claimed invention, as discussed in claim 8. Warnick teaches the certain distance is equal to between 0.45 times and 0.95 times, preferably between 0.48 times and 0.9 times, more preferably between 0.49 times and 0.7 times, most preferably between 0.5 times and 0.6 times, of the corresponding operational wavelength (paragraph [0094]). Regarding claim 10, Warnick as modified discloses the claimed invention, as discussed in claim 1. Warnick teaches the at least one subset is adapted such that each antenna element of said at least one subset is equivalent to every fifth antenna element of the multiple antenna elements (Fig 1B). Regarding claim 11, Warnick as modified discloses the claimed invention, as discussed in claim 1. Warnick teaches the at least one subset is adapted such that each antenna element of said at least one subset is equivalent to every fourth antenna element of the multiple antenna elements (Fig 1B). Regarding claim 12, Warnick as modified discloses the claimed invention, as discussed in claim 1. Warnick teaches the at least one subset is adapted such that each antenna element of said at least one subset is equivalent to every third antenna element of the multiple antenna elements (Fig 1B). Regarding claim 13, Warnick as modified discloses the claimed invention, as discussed in claim 1. Warnick teaches the at least one subset is adapted such that each antenna element of said at least one subset is equivalent to every second antenna element of the multiple antenna elements (Fig 1B). Regarding claim 14, Warnick as modified discloses the claimed invention, as discussed in claim 1. Warnick teaches the at least one outer portion of each antenna element of the at least one subset is continued with the aid of at least one respective extension being galvanically or capacitively coupled to the at least one outer portion (Fig 3B; “an electrically conductive via”, paragraph [0070]). Regarding claim 15, Warnick as modified discloses the claimed invention, as discussed in claim 14. Warnick teaches a galvanic coupling of the at least one respective extension to the at least one outer portion of each antenna element of the at least one subset comprises at least one pin-like connection (Fig 3B; “an electrically conductive via”, paragraph [0070]). 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 aspotentially teaching all or part of the claimed invention, as well as the context of thepassage as taught by the prior art or disclosed by the Examiner. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hai Tran whose telephone number is (571) 270-7650. The examiner can normally be reached on Monday-Friday 8:00 am-5:00 pm. 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 number for the organization where this application or proceeding is assigned is 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 is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. 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. /HAI V TRAN/Primary Examiner, Art Unit 2845
Read full office action

Prosecution Timeline

Sep 19, 2023
Application Filed
Aug 17, 2026
Non-Final Rejection mailed — §103, §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

1-2
Expected OA Rounds
79%
Grant Probability
98%
With Interview (+18.6%)
2y 7m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1071 resolved cases by this examiner. Grant probability derived from career allowance rate.

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