Prosecution Insights
Last updated: April 19, 2026
Application No. 18/501,418

BEAMFORMING APPARATUS AND BEAMFORMING METHOD USING EXPANDABLE PLANAR ARRAY ANTENNA

Non-Final OA §103
Filed
Nov 03, 2023
Examiner
EDRADA, ISABELLA AMEYALI
Art Unit
3648
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
ELECTRONICS AND TELECOMMUNICATIONS RESEARCH INSTITUTE
OA Round
2 (Non-Final)
50%
Grant Probability
Moderate
2-3
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allow Rate
1 granted / 2 resolved
-2.0% vs TC avg
Strong +100% interview lift
Without
With
+100.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
46 currently pending
Career history
48
Total Applications
across all art units

Statute-Specific Performance

§101
8.4%
-31.6% vs TC avg
§103
50.8%
+10.8% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
12.6%
-27.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 2 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 12/01/2025 has been entered. Claims 1-2, 5-10, 13, and 15-17 are pending in the application, where claims 3-4, 11-12, and 14 have been withdrawn. Applicant’s amendment overcomes the 112(b) rejections from the previously filed Office Action. Response to Arguments Applicant’s arguments with respect to the 103 rejections of independent claims 1 and 9 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. Examiner would like to thank Applicant for a thorough response that clearly defined the invention specifics. However, upon further consideration, a new ground(s) of rejection is made. Claim Objections Claims 6, 7, 15, and 16 are objected to because of the following informalities: the amended section of line 3 reads "EL ane AZ", but should read "EL and AZ". Appropriate correction is required. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-2 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR20170028598A) in view of Cho et al. (KR20220118278A). [Note: The cited sections from Kim and Cho can be found in the English Translations, included in this Office Action] Regarding claim 1, Kim discloses [Note: what Kim fails to disclose is strike-through] A beamforming apparatus configured to perform a beamforming method (see Abstract, “The present invention relates to a patch array antenna and a radar signal transmitting and receiving apparatus having the patch array antenna. The present invention proposes a patch array antenna for realizing digital beamforming”), the beamforming apparatus comprising: an array antenna in which an Elevation (EL) antenna group configured to perform beam steering in an elevation angle direction and an Azimuth (AZ) antenna group configured to perform beam steering in an azimuth angle direction are disposed on a same plane (see Fig. 1; pg. 5, paragraph 9, “8 (a) and 8 (b) show an example of an embodiment in which the composite beam pattern is steered in the azimuth direction when the DBF is made using only the antenna in the horizontal direction, and Figs. 8 (c) Direction and the synthetic beam pattern is steered in the elevation direction when the DBF is performed using only the antenna in the direction of the antenna.”; pg. 3, paragraph 5, “the antennas in the horizontal and vertical directions share the opening surfaces,”); a first chip located on a top surface of the array antenna and configured to independently control the beam steering in the elevation angle direction by controlling EL patch antennas included in the EL antenna group, the first chip being directly connected to the EL patch antennas through a first feed line disposed on a same plane as the EL patch antennas (see Fig. 1, first receiving module 131 and second receiving module 132; pg. 3, last paragraphs, “The second receiving module 132 receives the second information on the target using the patches included in the patch group (e.g., the first patch group 111 and the second patch group 112) and the second feeder lines 122, To obtain second signals to obtain the second signals. The second receiving module 132 may obtain the y-axis direction information of the target with the second information on the target. The second receiving module 132 may obtain the elevation information with the y-axis direction information of the target”; pg. 4, paragraph 7, “The structure of the patch array antenna 100 shown in Fig. 2 shows an embodiment of the proposed concept. Assuming that a plurality of antennas are uniformly arranged in a specific direction, a plurality of antennas are evenly arranged in a direction orthogonal to the array direction, and each unit radiating element overlaps and is shared with each other, but operates independently.”); and a second chip (see Fig. 1, receiving modules 131 and 132) (see pg. 3, paragraphs 24 and 25, “The first receiving module 131 receives the first information about the target using the patches included in the patch group (e.g., the first patch group 111 and the second patch group 112) and the first feeder lines 121, … The first receiving module 131 may obtain the x-axis direction information of the target as the first information on the target. The first receiving module 131 may acquire the azimuth information as x-axis direction information of the target”; pg. 4, paragraph 7, “The structure of the patch array antenna 100 shown in Fig. 2 shows an embodiment of the proposed concept. Assuming that a plurality of antennas are uniformly arranged in a specific direction, a plurality of antennas are evenly arranged in a direction orthogonal to the array direction, and each unit radiating element overlaps and is shared with each other, but operates independently.”; pg. 5, paragraph 9, “8 (a) and 8 (b) show an example of an embodiment in which the composite beam pattern is steered in the azimuth direction when the DBF is made using only the antenna in the horizontal direction”), Cho discloses a second chip located on a bottom surface of the array antenna (see Fig. 2, two RFICs 222 and 224; see Fig. 4a, antenna elements 420 and circuit chip 430 on bottom surface of antenna array) the second chip being indirectly connected to the AZ patch antennas through a second feed line disposed on a plane opposite to a plane on which the AZ patch antennas are disposed, wherein the indirect connection between the second chip and the AZ patch antennas is made through an aperture formed between the AZ patch antennas and the second feed line to indirectly provide power to the AZ patch antennas (see Fig. 4a; pg. 9, paragraph 4, “According to an embodiment, the first substrate 410 and the wireless communication circuit 430 may be electrically and/or physically coupled”; pg. 12, paragraph 5, “According to various embodiments, when the plurality of antenna structures 811 , 812 , 813 and 814 are disposed to be inserted into different through-holes 801 , 802 , 803 or 804 of the main substrate 400, FIG. 8A and Likewise, it may be coupled or connected to the wireless communication circuit 430 disposed on the second surface 406 of the main board 400”). It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Cho into the invention of Kim. Both Kim and Cho are considered analogous arts to the claimed invention as they both disclose beamforming antenna structures and methods. Kim discloses a beamforming apparatus with an antenna array with EL and AZ antennas on the same plane, a first chip located on the top surface of the array than can control the EL antennas and is directly connected to the EL antennas with a feed line on the same plane as the antennas, and a second chip that can control AZ antennas with a second feed line; however, Kim fails to disclose the second chip being located on the bottom surface of the antenna array, and an aperture that allows the second chip and AZ antennas to be indirectly coupled. This feature is disclosed by Cho where there can also be multiple chips, and the chip may be located on the bottom surface of the antenna. Cho also discloses a hole or gap between the antenna and the chip, and that the antenna and chip can be electrically coupled to each other. The combination of Kim and Cho would be obvious with a reasonable expectation of success in order to organize the antenna circuitry in a stacked manner, allowing a more compact structure to fit in smaller devices such as a smart phone, reducing the amount of space taken up by the array. Regarding claim 2, Kim further discloses The beamforming apparatus of claim 1, wherein the EL antenna group and the AZ antenna group each comprise: at least one patch antenna per channel connected according to a series-fed method, wherein the first and second feed lines for the series-fed method are disposed perpendicular to each other (see Fig. 1, antenna patches are connected in series and perpendicular to each other). Regarding claim 5, Cho further discloses The beamforming apparatus of claim 2, wherein the array antenna comprises: the aperture formed inside the array antenna for the indirect connection between the AZ patch antennas and the second feed line (see Fig. 4a, hole 402; Figs. 9a and 9b, hole 902). It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Cho into the invention of Kim. Kim discloses the limitations of claim 2; however, Kim fails to disclose the aperture formed inside the antenna array for indirect connection between the AZ antennas and the second feed line This feature is disclosed by Cho where there can be a hole between the antennas and the feed line that connects to the second chip. The combination of Kim and Cho would be obvious with a reasonable expectation of success in order to maximize space available for the antenna array and chip to be indirectly connected. Regarding claim 6, Cho discloses The beamforming apparatus of claim 1, wherein each of unit antennas of the EL antenna group included in the array antenna comprises: a first substrate in which the EL ane AZ patch antennas and the first feed line configured to provide power to the EL patch antennas are disposed on a same plane (see pg. 7, paragraph 4, “According to an embodiment, the third RFIC 226 and the antenna 248 may be disposed on the same substrate to form the third antenna module 246”; Fig. 4a, top substrate 410); a second substrate disposed under the first substrate (see pg. 7, paragraph 4, “For example, the wireless communication module 192 or the processor 120 may be disposed on the first substrate (eg, main PCB). In this case, the third RFIC 226 is located in a partial area (eg, the bottom surface) of the second substrate (eg, sub PCB) separate from the first substrate”; Fig. 4a, middle substrate 400); and a ground (GND) layer disposed between the first substrate and the second substrate (see Fig. 4a; pg. 10, paragraph 14, “For example, the first substrate 410 may include the second surface 414 or a ground formed therein”; Fig. 7a; pg. 12, paragraph 1, “For example, at least a portion of the plurality of conductive pads 730 may be connected to a ground layer through a via to form the plurality of matching circuits”). It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Cho into the invention of Kim. Kim fails to disclose a multi-substrate structure with a ground layer between substrates. This feature is disclosed by Cho where there can be substrates stacked on each other with a ground layer in between. The combination of Kim and Cho would be obvious with a reasonable expectation of success in order to make it “possible to reduce the length of the transmission line therebetween. This, for example, can reduce loss (eg, attenuation) of a signal in a high-frequency band… [and] may improve the quality or speed of communication” (see Cho pg. 7, paragraph 4). Regarding claim 7, Cho discloses The beamforming apparatus of claim 1, wherein each of unit antennas of the AZ antenna group included in the array antenna comprises: a first substrate in which the EL ane AZ patch antennas are disposed (see Fig. 4a, top substrate 410 with antenna elements 420); a second substrate disposed under the first substrate, in which the second feed line configured to provide power to the AZ patch antenna of the first substrate is disposed (see Fig. 4a, middle substrate 400 and lower substrate 430); and a ground (GND) layer disposed between the first substrate and the second substrate (see Fig. 4a; pg. 10, paragraph 14, “For example, the first substrate 410 may include the second surface 414 or a ground formed therein”), wherein the GND layer comprises: the aperture formed inside the GND layer to indirectly provide power to the AZ patch antenna of the first substrate through the second feed line disposed in the second substrate (see Fig. 4a, hole 402). It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Cho into the invention of Kim. Kim fails to disclose a multi-substrate structure with a ground layer between substrates where the ground layer can have a hole. This feature is disclosed by Cho where there can be substrates stacked on each other with a ground layer and hole in between. The combination of Kim and Cho would be obvious with a reasonable expectation of success in order to reduce the space taken up by the antenna array (see Cho pg. 10, paragraph 12). Regarding claim 8, Cho further discloses The beamforming apparatus of claim 1, wherein the first chip and the second chip each comprise: at least one of a transmission amplifier, a reception amplifier, a switch configured to select the transmission amplifier or the reception amplifier, a phase shifter (PS) (see pg. 7, paragraph 5, “According to an embodiment, the antenna 248 may be formed as an antenna array including a plurality of antenna elements that may be used for beamforming. In this case, the third RFIC 226 may include, for example, as a part of the third RFFE 236, a plurality of phase shifters 238 corresponding to a plurality of antenna elements.”), and a power combiner, wherein the first chip and the second chip are configured to control the beam steering in the elevation angle direction and the azimuth angle direction by sequentially increasing or decreasing a delay phase value of the PS for each channel (see pg. 7, paragraph 5, “During transmission, each of the plurality of phase shifters 238 may transform the phase of a 5G Above6 RF signal to be transmitted to the outside of the electronic device 101 (eg, a base station of a 5G network) through a corresponding antenna element. Upon reception, each of the plurality of phase shifters 238 may convert the phase of the 5G Above6 RF signal received from the outside through the corresponding antenna element into the same or substantially the same phase. This enables transmission or reception through beamforming between the electronic device 101 and the outside”). It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Cho into the invention of Kim. Kim fails to disclose phase shifters that allow beam steering control. This feature is disclosed by Cho where the antenna array can include phase shifters, and the phase shifters can adjust the phase of transmitted and received signals. The combination of Kim and Cho would be obvious with a reasonable expectation of success in order to enable transmission or reception through beamforming, improving the efficiency of communication. Claims 9-10, 13, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR20170028598A) in view of Cho et al. (KR20220118278A) and further in view of Wang et al. (US 10446938 B1). Regarding claim 9, the same cited sections and rationale from claim 1 are applied. Kim further discloses [Note: what Kim fails to disclose is strike-through] A beamforming method performed by a beamforming apparatus (see Abstract, “The present invention relates to a patch array antenna and a radar signal transmitting and receiving apparatus having the patch array antenna. The present invention proposes a patch array antenna for realizing digital beamforming”), the beamforming method comprising: setting the EL antenna group to a transmission (or reception) operation by a first chip (see Fig. 1, second receiving module 132; pg. 3, last two paragraphs, “The second receiving module 132 receives the second information on the target using the patches included in the patch group (e.g., the first patch group 111 and the second patch group 112) and the second feeder lines 122, To obtain second signals to obtain the second signals. The second receiving module 132 may obtain the y-axis direction information of the target with the second information on the target. The second receiving module 132 may obtain the elevation information with the y-axis direction information of the target”) setting the AZ antenna group to a reception (or transmission) operation by a second chip (see Fig. 1, first receiving module 131; pg. 3, paragraphs 24 and 25, “The first receiving module 131 receives the first information about the target using the patches included in the patch group (e.g., the first patch group 111 and the second patch group 112) and the first feeder lines 121, … The first receiving module 131 may obtain the x-axis direction information of the target as the first information on the target. The first receiving module 131 may acquire the azimuth information as x-axis direction information of the target”) Wang discloses obtaining a mutual coupling component between the EL antenna group and the AZ antenna group based on the set operation; and forming beam patterns for the EL antenna group and the AZ antenna group based on the independent control such that the obtained mutual coupling component is removed (see col. 4, lines 7-31, “When operating in such a mode, the transmit phased antenna array 106 may “steer” (both in azimuth and elevation) the transmission beam over the field of view of the radar system 100 and over time by way of constructive and destructive interference between the individual beams emitted by the individual antenna elements 105 of the transmit phased antenna array 106. Such steering and narrowing of the beam may contribute to the overall range and accuracy of the radar system 100”). It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Wang into the inventions of Kim and Cho. Kim, Cho, and Wang are considered analogous arts to the claimed invention as they all disclose beamforming methods and antenna devices. Kim and Cho disclose various aspects of claim 9, as further detailed in the 103 rejection of claim 1; however, Kim and Cho fail to disclose obtaining a mutual coupling component between antenna groups and forming beam patterns to overcome the coupling component. This feature is disclosed by Wang where the beam steering directions can intentionally improve interference between azimuth and elevation beams. The combination of Kim, Cho, and Wang would be obvious with a reasonable expectation of success in order to improve the overall range and accuracy of the beam steering communications by reducing interference between beams while maintaining a compact design. Regarding claim 10, the same cited sections and rationale from claim 2 are applied. Regarding claim 13, the same cited sections and rationale from claim 5 are applied. Regarding claim 15, the same cited sections and rationale from claim 6 are applied. Regarding claim 16, the same cited sections and rationale from claim 7 are applied. Regarding claim 17, the same cited sections and rationale from claim 8 are applied. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISABELLA A EDRADA whose telephone number is (571)272-4859. The examiner can normally be reached Mon - Fri 9am-5pm EST. 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, William Kelleher can be reached at (571) 272-7753. 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. /ISABELLA A EDRADA/Examiner, Art Unit 3648 /William Kelleher/Supervisory Patent Examiner, Art Unit 3648
Read full office action

Prosecution Timeline

Nov 03, 2023
Application Filed
Sep 22, 2025
Non-Final Rejection — §103
Dec 01, 2025
Response Filed
Feb 17, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12596175
A NON-RESOLVED TARGET DETECTION SYSTEM AND METHODS
2y 5m to grant Granted Apr 07, 2026
Study what changed to get past this examiner. Based on 1 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

2-3
Expected OA Rounds
50%
Grant Probability
99%
With Interview (+100.0%)
3y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 2 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month