Prosecution Insights
Last updated: July 17, 2026
Application No. 18/548,355

FREQUENCY SELECTIVE REFLECTOR AND REFLECTING STRUCTURE

Non-Final OA §102§103
Filed
Aug 30, 2023
Priority
Mar 04, 2021 — JP 2021-034138 +2 more
Examiner
LEVI, DAMEON E
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Dai Nippon Printing Co., Ltd.
OA Round
3 (Non-Final)
66%
Grant Probability
Favorable
3-4
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

§102 §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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 7, 2026 has been entered. Information Disclosure Statement The information disclosure statement (IDS) submitted on January 27, 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Amendment The amendment filed April 7, 2026 has been entered. The Applicant amended claims 20-23, and added claims 34-36. Claims 20-36 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection previously set forth in the Final Office Action mailed January 7, 2026. The examiner withdraws the Claims objections in light of the amendments to the Claims. Applicant’s arguments with respect to claim 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 20, 27, and 34-35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Puscasu et al. (US PGPUB 2017/0338567 A1), hereinafter known as Puscasu. Regarding claim 20, Puscasu discloses (Fig. 1, 7D, and 8A) A reflecting structure (Fig. 8A) comprising: a frequency selective reflector (20, 38) reflecting electromagnetic waves in a particular frequency band to a direction different from a regular reflection direction ([0006]); and a protective member (52) arranged on an upper side of the frequency selective reflector (20, 38), wherein a thickness of the protective member is less than 1/4 of an effective wavelength of the electromagnetic waves propagating in the protective member ([0093] and Table 1, total thickness is 0.4 microns which is less than ¼ of an effective wavelength of the electromagnetic waves in Table 1). Regarding claim 27, Puscasu further discloses (Fig. 8A) wherein the protective member (52) is supported by the frequency selective reflector (20). Regarding claim 34, Puscasu further discloses (Fig. 8A) wherein the frequency selective reflector comprises a reflecting member including a plurality of reflective elements (20). Regarding claim 35, Puscasu further discloses wherein the plurality of reflective elements vary in size, shape or a combination thereof ([0038]). 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 21, 26, and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Puscasu in view of Wong (US Patent No. 5675349 A). Regarding claim 21, Puscasu further teaches (Fig. 1) and a reflecting member reflecting the electromagnetic waves (24), but does not specifically teach wherein the frequency selective reflector includes, in an order from a protective member side of the reflecting structure, a dielectric layer including a concave and convex structure in which a plurality of a unit structure including a thickness distribution of increasing thickness in a predetermined direction is arranged, and transmitting the electromagnetic waves; wherein the unit structure of the dielectric layer includes a plurality of cell regions of which thickness differs from one another; in each of the unit structure of the dielectric layer, in a graph setting a horizontal axis as a length of the predetermined direction of the unit structure, and setting a vertical axis as a relative reflection phase when the electromagnetic waves are transmitted through the dielectric layer, reflected by the reflecting member and emitted to the protective member side by being transmitted through the dielectric layer again, in the graph, a value of the relative reflection phase of the electromagnetic waves is over -360˚ and 0˚ or less, when a point corresponding to a central position of the predetermined direction in each cell region and corresponding to the relative reflection phase of the electromagnetic waves in each cell region are plotted, and a straight line passing through a point corresponding to a minimum thickness cell region having a minimum thickness is drawn, each point is on a same straight line; the dielectric layer includes, as the unit structure, at least a first unit structure including three or more of the plurality of cell regions of which thickness differs from one another; and a reflection direction of the electromagnetic waves is controlled by controlling the relative reflection phase distribution of the electromagnetic waves by the thickness distribution of the dielectric layer. However, Wong teaches (Fig. 1-2) in an order from a protective member side of the reflecting structure, a dielectric layer (14) including a concave and convex structure in which a plurality of a unit structure (20) including a thickness distribution of increasing thickness in a predetermined direction is arranged, and transmitting the electromagnetic waves; wherein the unit structure of the dielectric layer (20) includes a plurality of cell regions (22, 24, 26) of which thickness differs from one another; in each of the unit structure of the dielectric layer, in a graph setting a horizontal axis as a length of the predetermined direction of the unit structure (Fig. 2), and setting a vertical axis as a relative reflection phase when the electromagnetic waves are transmitted through the dielectric layer (Fig. 2), reflected by the reflecting member and emitted to the protective member side by being transmitted through the dielectric layer again, in the graph, a value of the relative reflection phase of the electromagnetic waves is over -360˚ and 0˚ or less (Fig. 2), when a point corresponding to a central position of the predetermined direction in each cell region and corresponding to the relative reflection phase of the electromagnetic waves in each cell region are plotted , and a straight line passing through a point corresponding to a minimum thickness cell region having a minimum thickness is drawn, each point is on a same straight line (Fig. 2); the dielectric layer (14) includes, as the unit structure (20), at least a first unit structure including three or more of the plurality of cell regions of which thickness differs from one another (22, 24, 26); and a direction of the electromagnetic waves is controlled by controlling the relative phase distribution of the electromagnetic waves by the thickness distribution of the dielectric layer (Fig. 2). 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 reflecting structure of Puscasu with Wong to include “in an order from a protective member side of the reflecting structure, a dielectric layer including a concave and convex structure in which a plurality of a unit structure including a thickness distribution of increasing thickness in a predetermined direction is arranged, and transmitting the electromagnetic waves; wherein the unit structure of the dielectric layer includes a plurality of cell regions of which thickness differs from one another; in each of the unit structure of the dielectric layer, in a graph setting a horizontal axis as a length of the predetermined direction of the unit structure, and setting a vertical axis as a relative reflection phase when the electromagnetic waves are transmitted through the dielectric layer, reflected by the reflecting member and emitted to the protective member side by being transmitted through the dielectric layer again, in the graph, a value of the relative reflection phase of the electromagnetic waves is over -360˚ and 0˚ or less, when a point corresponding to a central position of the predetermined direction in each cell region and corresponding to the relative reflection phase of the electromagnetic waves in each cell region are plotted, and a straight line passing through a point corresponding to a minimum thickness cell region having a minimum thickness is drawn, each point is on a same straight line; the dielectric layer includes, as the unit structure, at least a first unit structure including three or more of the plurality of cell regions of which thickness differs from one another; and a direction of the electromagnetic waves is controlled by controlling the relative phase distribution of the electromagnetic waves by the thickness distribution of the dielectric layer,” as taught by Wong, for the purpose of reducing undesired standing waves (see also col. 1, lines 44-47). Regarding claim 26, Puscasu discloses (Fig. 8A) wherein the frequency selective reflector (Fig. 8A) includes a reflecting member (20) reflecting the electromagnetic waves but does not specifically teach wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves. However, Wong teaches (Fig. 1-2) wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves (22, 24, 26; col. 2, lines 50-54). 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 reflecting structure of Puscasu with Wong to include “wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves,” as taught by Wong, for the purpose of achieving desired beam directivity (see also col. 2, lines 50-54). Regarding claim 30, Puscasu further teaches (Fig. 8A) wherein the reflecting member (Fig. 8A) is a frequency selective plate reflecting only the electromagnetic waves ([0007]). Regarding claim 31, Puscasu does not specifically teach wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves. However, Wong teaches (Fig. 1-2) wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves (22, 24, 26; col. 2, lines 50-54). 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 reflecting structure of Puscasu with Wong to include “wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves,” as taught by Wong, for the purpose of achieving desired beam directivity (see also col. 2, lines 50-54). Claims 22 and 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Puscasu in view of Paschen et al. (US PGPUB 2007/0285327 A1), hereinafter known as Paschen. Regarding claim 22, Puscasu further teaches (Fig. 1) and a reflecting member reflecting the electromagnetic waves (24), but does not specifically teach wherein the frequency selective reflector includes, in an order from a protective member side of the reflecting structure, a dielectric layer including a concave and convex structure in which a plurality of a unit structure including a thickness distribution of increasing thickness in a predetermined direction is arranged, and transmitting the electromagnetic waves; and a reflecting member reflecting the electromagnetic waves, wherein the unit structure of the dielectric layer includes a plurality of cell regions of which thickness differs from one another; in each of the unit structure of the dielectric layer, in a graph setting a horizontal axis as a relative position when a central position in the predetermined direction of a minimum thickness cell region having a minimum thickness is defined as 0, and a central position of the predetermined direction of a maximum thickness cell region having a maximum thickness is defined as 1; and setting a vertical axis as the thickness ratio of each cell region with respect to the thickness of the maximum thickness cell region when a thickness of the minimum thickness cell region is defined as 0, and the thickness of the maximum thickness cell region is defined as 1; when a point corresponding to a central position of the predetermined direction of each cell region and corresponding to a thickness ratio of each cell region with respect to a thickness of the maximum thickness cell region is plotted to obtain a regression line of a below formula (1):y= ax (1), a slope "a" of the regression line is 0.7 or more and 1.2 or less, a coefficient of determination of the regression line is 0.9 or more; and the dielectric layer includes, as the unit structure, at least a first unit structure including three or more of the plurality of cell regions of which thickness differs from one another. However, Paschen teaches (Fig. 3-5) in an order from a protective member side of the reflecting structure, a dielectric layer (300) including a concave and convex structure in which a plurality of a unit structure (404) including a thickness distribution of increasing thickness in a predetermined direction is arranged, and transmitting the electromagnetic waves; wherein the unit structure of the dielectric layer includes a plurality of cell regions (504a-504d) of which thickness differs from one another; in each of the unit structure of the dielectric layer, in a graph setting a horizontal axis as a relative position when a central position in the predetermined direction of a minimum thickness cell region having a minimum thickness is defined as 0 (504a), and a central position of the predetermined direction of a maximum thickness cell region having a maximum thickness is defined as 1 (504d); and setting a vertical axis as the thickness ratio of each cell region with respect to the thickness of the maximum thickness cell region when a thickness of the minimum thickness cell region is defined as 0 (504a), and a thickness of the maximum thickness cell region is defined as 1 (504d); when a point corresponding to a central position of the predetermined direction of each cell region and corresponding to a thickness ratio of each cell region with respect to a thickness of the maximum thickness cell region is plotted to obtain a regression line of a below formula (1): y = ax (1), a slope "a" of the regression line is 0.7 or more and 1.2 or less (slope of 1), a coefficient of determination of the regression line is 0.9 or more; and the dielectric layer includes (300), as the unit structure, at least a first unit structure including three or more of the plurality of cell regions of which thickness differs from one another (504a-504d). 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 reflecting structure of Puscasu with Paschen to include “in an order from a protective member side of the reflecting structure, a dielectric layer including a concave and convex structure in which a plurality of a unit structure including a thickness distribution of increasing thickness in a predetermined direction is arranged, and transmitting the electromagnetic waves; and a reflecting member reflecting the electromagnetic waves, wherein the unit structure of the dielectric layer includes a plurality of cell regions of which thickness differs from one another; in each of the unit structure of the dielectric layer, in a graph setting a horizontal axis as a relative position when a central position in the predetermined direction of a minimum thickness cell region having a minimum thickness is defined as 0, and a central position of the predetermined direction of a maximum thickness cell region having a maximum thickness is defined as 1; and setting a vertical axis as the thickness ratio of each cell region with respect to the thickness of the maximum thickness cell region when a thickness of the minimum thickness cell region is defined as 0, and the thickness of the maximum thickness cell region is defined as 1; when a point corresponding to a central position of the predetermined direction of each cell region and corresponding to a thickness ratio of each cell region with respect to a thickness of the maximum thickness cell region is plotted to obtain a regression line of a below formula (1):y= ax (1), a slope "a" of the regression line is 0.7 or more and 1.2 or less, a coefficient of determination of the regression line is 0.9 or more; and the dielectric layer includes, as the unit structure, at least a first unit structure including three or more of the plurality of cell regions of which thickness differs from one another,” as taught by Paschen, for the purpose of improving steering angle while reducing thickness (see also [0045]). Regarding claim 32, Puscasu further teaches (Fig. 8A) wherein the reflecting member (Fig. 8A) is a frequency selective plate reflecting only the electromagnetic waves ([0007]). Regarding claim 33, Puscasu does not specifically teach wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves. However, Paschen teaches wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves ([0008]). 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 reflecting structure of Puscasu with Paschen to include “wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves,” as taught by Paschen, for the purpose of improving steering angle while reducing thickness (see also [0045]). Claims 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over McKinzie in view of Borrelli et al. (US PGPUB 2021/0098887 A1), hereinafter known as Borrelli. Regarding claim 23, Puscasu further teaches (Fig. 1) and a reflecting member reflecting the electromagnetic waves (24), but does not specifically teach in an order from a protective member side of the reflecting structure, a dielectric layer including a concave and convex structure in which a plurality of a unit structure including a thickness distribution of increasing thickness in a predetermined direction is arranged, and transmitting the electromagnetic waves; wherein the unit structure of the dielectric layer includes a plurality of cell regions of which thickness differs from one another; in each of the unit structure of the dielectric layer, a difference between a minimum thickness and a maximum thickness is 0.2 mm or more and 15 mm or less; and the dielectric layer includes, as the unit structure, at least a first unit structure including three or more of the plurality of cell regions of which thickness differs from one another. However, Borrelli teaches (Fig. 4) in an order from a protective member side of the reflecting structure, a dielectric layer (16) including a concave and convex structure in which a plurality of a unit structure (30, 32, 36) including a thickness distribution of increasing thickness in a predetermined direction is arranged, and transmitting the electromagnetic waves; wherein the unit structure of the dielectric layer includes a plurality of cell regions (30, 32, 36) of which thickness differs from one another; in each of the unit structure of the dielectric layer (30, 32, 36), a difference between a minimum thickness and a maximum thickness is 0.2 mm or more and 15 mm or less ([0030], 2.48 mm); and the dielectric layer includes, as the unit structure, at least a first unit structure including three or more of the plurality of cell regions of which thickness differs from one another (30, 32, 36). 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 reflecting structure of McKinzie with Borrelli to include “in an order from a protective member side of the reflecting structure, a dielectric layer including a concave and convex structure in which a plurality of a unit structure including a thickness distribution of increasing thickness in a predetermined direction is arranged, and transmitting the electromagnetic waves; wherein the unit structure of the dielectric layer includes a plurality of cell regions of which thickness differs from one another; in each of the unit structure of the dielectric layer, a difference between a minimum thickness and a maximum thickness is 0.2 mm or more and 15 mm or less; and the dielectric layer includes, as the unit structure, at least a first unit structure including three or more of the plurality of cell regions of which thickness differs from one another,” as taught by Borrelli, for the purpose of improving efficiency (see also [0030]-[0031]). Regarding claim 24, Puscasu further teaches (Fig. 8A) wherein the reflecting member (Fig. 8A) is a frequency selective plate reflecting only the electromagnetic waves ([0007]). Regarding claim 25, Puscasu does not specifically teach wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves. However, Borrelli teaches wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves ([0030]). 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 reflecting structure of Puscasu with Borrelli to include “wherein the reflecting member includes a reflection phase control function controlling a reflection phase of the electromagnetic waves,” as taught by Borrelli, for the purpose of improving efficiency (see also [0030]-[0031]). Claims 28-29 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Puscasu in view of Achour et al. (US PGPUB 2019/0067826 A1), hereinafter known as Achour. Regarding claim 28, Puscasu does not specifically teach wherein a supporting member is arranged in an outer periphery of the frequency selective reflector, and the protective member is supported by the supporting member. However, Achour teaches (Fig. 5-7) wherein a supporting member ([0028], window) is arranged in an outer periphery of the frequency selective reflector ([0036]), and the protective member (616, 702) is supported by the supporting member ([0028]). 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 reflecting structure of Puscasu with Achour to include “wherein a supporting member is arranged in an outer periphery of the frequency selective reflector, and the protective member is supported by the supporting member,” as taught by Achour, for the purpose of enabling a range of desired applications and enhancing communications (see also [0015] and [0023]). Regarding claim 29, Puscasu further teaches (Fig. 8) wherein the protective member a protective sheet (52) includes does not specifically teach wherein the protective member includes, in an order from the frequency selective reflector, an adhesive layer and a protective sheet. However, Achour teaches (Fig. 6) wherein the protective member includes, in an order from the frequency selective reflector, an adhesive layer ([0037]) and a protective sheet (616). 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 reflecting structure of Puscasu with Achour to include “wherein the protective member includes, in an order from the frequency selective reflector, an adhesive layer and a protective sheet,” as taught by Achour, for the purpose of manufacturing the reflecting structure and preventing oxidization (see also [0037]). Regarding claim 36, Puscasu further discloses (Fig. 8A) wherein the protective sheet (52) is a resin, quartz or ceramics ([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 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. 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 2 earlier events
Dec 17, 2025
Response Filed
Jan 07, 2026
Final Rejection mailed — §102, §103
Mar 18, 2026
Interview Requested
Mar 27, 2026
Applicant Interview (Telephonic)
Mar 27, 2026
Examiner Interview Summary
Apr 07, 2026
Request for Continued Examination
Apr 13, 2026
Response after Non-Final Action
May 21, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
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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