Prosecution Insights
Last updated: October 25, 2026
Application No. 18/599,760

APPARATUSES AND METHODS FOR FACILITATING SATELLITE VISIBILITY FOR EARTH-BASED ANTENNA SYSTEMS

Final Rejection §103
Filed
Mar 08, 2024
Priority
Oct 13, 2020 — provisional 63/091,254 +3 more
Examiner
FERGUSON, KEITH
Art Unit
2648
Tech Center
2600 — Communications
Assignee
Space Exploration Technologies Corp.
OA Round
2 (Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
662 granted / 767 resolved
+24.3% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
10 currently pending
Career history
787
Total Applications
across all art units

Statute-Specific Performance

§101
6.6%
-33.4% vs TC avg
§103
52.5%
+12.5% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 767 resolved cases

Office Action

§103
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 . 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. Claim(s) 1 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Day et al. (US 6,111, 542) (IDS) in view of Van Houwelin-gen (WO 2006/019290 A1) (IDS) and Sasaki et al. (US 2017/0003395)(IDS). Regarding claim 1, Day et al. discloses a device (fig. 1 number 110) for detecting a zone (i.e. tracking and selecting one satellite within coverage area or field of view) (col. 5 lines 6-22 and col. 10 lines 25-44) of communication between a phased array antenna and a satellite constellation including a plurality of satellites in non-geosynchronous (non-GEO) orbit (col. 4 lines 23-27, col. 5 lines 6-22 and col. 10 lines 25-44), the device comprising: one or more processors (fig. 2 number 2 number 260); and memory (fig. 2 number 220) storing thereon instructions that, as a result of being executed by the one or more processors (col. 4 lines 31-43) and map a mask onto a spherical section corresponding to a full sky view (fig. 6 and col. 8 lines 29-51) . Day et al. differs from claim 1 of the present invention in that it does not explicit disclose determining an initial zone of communication of the phased array antenna, wherein the initial zone of communication is determined based on a location of the device; identify a set of factors for modifying the initial zone of communication, wherein the set of factors are identified based on the location of the device; calculate a shape of a mask corresponding to a modified zone of communication, wherein the shape is calculated by applying the set of factors to the initial zone of communication; map the mask onto a spherical section corresponding to a full sky view to a horizon to generate the modified zone of communication; and output, to a user of the device, the modified zone of communication. Houwelin-gen teaches a satellite receiver on a celestial body 10 (abstract), the satellite receiver has a phase array antenna (abstract) which scans parts of the sky, and if a signal is received, receivable satellites are identified (i.e. an initial zone of communication)(abstract), depending on the position of the satellite receiver 1, the satellite receiver may receive satellite signals 31-33 transmitted by the satellites 21-23 (i.e. an initial zone of communication) (page 4, lines 13-17), an error may for instance occur if one or more of the pre-selected satellites is obscured, for example if the pre-selected satellite is behind an obstacle, such as a tree or a house, and cannot be received from that position (i.e. identify a set of factors , i.e. obstacle, tree or house, for modifying the initial zone of communication, wherein the set of factors are identified based on the location of the device)(fig. 6 and page 14 lines 1-9), wherein the set of factors are identified based on the location of the device)(fig. 6 and page 14 lines 1-9), In the example of fig. 6, the location of the phased array antenna 4 is determined and therefore the azimuth/elevation of the 'invisible' satellite can be calculated and it can be determined whether or not the satellite is likely to be behind an obstacle (i.e. calculating a shape (i.e. appearance and/or form) of a mask corresponding to a modified zone of communication)(page 14 lines 6-10) and calculate how the antenna should be moved (fig. 6 number 184 and page 18 lines 15-16). Houwelin-gen does not teach the shape is calculated by applying the set of factors to the initial zone of communication; map the mask onto a spherical section corresponding to a full sky view to a horizon to generate the modified zone of communication; and output, to a user of the device, the modified zone of communication. However, Sasaki et al. teaches a vehicle that is equipped with a positioning device using a GNSS (P:0023), a modified field of regard corresponds to a mask mapped onto a celestial section representing a sky view at the vehicle location (P:0032-P:0033), wherein the mask is generated based on the one or more factors (cloud positions) (P:0032-P:0033), the sky area calculating unit 124 calculates the sky area based on the three-dimensional point cloud position data of the conditions surrounding the vehicle (P:0033), the sky area is an area from which a direct wave of a navigation satellite as viewed from the antenna 111 can be received (P:0033). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Day et al. with determining an initial zone of communication of the phased array antenna, wherein the initial zone of communication is determined based on a location of the device; identify a set of factors for modifying the initial zone of communication, wherein the set of factors are identified based on the location of the device; calculate a shape of a mask corresponding to a modified zone of communication, wherein the shape is calculated by applying the set of factors to the initial zone of communication; map the mask onto a spherical section corresponding to a full sky view to a horizon to generate the modified zone of communication; and output, to a user of the device, the modified zone of communication in order for the user terminal to determine where to position its phase array antenna system based upon a map and its position when scanning a spherical section corresponding to the sky and to receive a sky view of satellites that overcomes obstruction barriers for reliable service when tracking satellites among a constellation of satellites for service, as taught by Van Houwelin-gen and Sasaki et al.. . Regarding claim 8, Day et al. discloses a method (fig. 9 and col. 10 lines 10 through col. 12 line 6) for detecting a zone (i.e. tracking and selecting one satellite within coverage area or field of view) (col. 5 lines 6-22 and col. 10 lines 25-44) of communication between a phased array antenna and a satellite constellation including a plurality of satellites in non-geosynchronous (non-GEO) orbit (col. 4 lines 23-27, col. 5 lines 6-22 and col. 10 lines 25-44), and map a mask onto a spherical section corresponding to a full sky view (fig. 6 and col. 8 lines 29-51). Day et al. differs from claim 8 of the present invention in that it does not explicit disclose determining an initial zone of communication of the phased array antenna, wherein the initial zone of communication is determined based on a location of the device; identify a set of factors for modifying the initial zone of communication, wherein the set of factors are identified based on the location of the device; calculate a shape of a mask corresponding to a modified zone of communication, wherein the shape is calculated by applying the set of factors to the initial zone of communication; map the mask onto a spherical section corresponding to a full sky view to a horizon to generate the modified zone of communication; and output, to a user of the device, the modified zone of communication. Houwelin-gen teaches a satellite receiver on a celestial body 10 (abstract), the satellite receiver has a phase array antenna (abstract) which scans parts of the sky, and if a signal is received, receivable satellites are identified (i.e. an initial zone of communication)(abstract), depending on the position of the satellite receiver 1, the satellite receiver may receive satellite signals 31-33 transmitted by the satellites 21-23 (i.e. an initial zone of communication) (page 4, lines 13-17), an error may for instance occur if one or more of the pre-selected satellites is obscured, for example if the pre-selected satellite is behind an obstacle, such as a tree or a house, and cannot be received from that position (i.e. identify a set of factors , i.e. obstacle, tree or house, for modifying the initial zone of communication, wherein the set of factors are identified based on the location of the device)(fig. 6 and page 14 lines 1-9), wherein the set of factors are identified based on the location of the device)(fig. 6 and page 14 lines 1-9), In the example of fig. 6, the location of the phased array antenna 4 is determined and therefore the azimuth/elevation of the 'invisible' satellite can be calculated and it can be determined whether or not the satellite is likely to be behind an obstacle (i.e. calculating a shape (i.e. appearance and/or form) of a mask corresponding to a modified zone of communication)(page 14 lines 6-10) and calculate how the antenna should be moved (fig. 6 number 184 and page 18 lines 15-16). Houwelin-gen does not teach the shape is calculated by applying the set of factors to the initial zone of communication; map the mask onto a spherical section corresponding to a full sky view to a horizon to generate the modified zone of communication; and output, to a user of the device, the modified zone of communication. However, Sasaki et al. teaches a vehicle that is equipped with a positioning device using a GNSS (P:0023), a modified field of regard corresponds to a mask mapped onto a celestial section representing a sky view at the vehicle location (P:0032-P:0033), wherein the mask is generated based on the one or more factors (cloud positions) (P:0032-P:0033), the sky area calculating unit 124 calculates the sky area based on the three-dimensional point cloud position data of the conditions surrounding the vehicle (P:0033), the sky area is an area from which a direct wave of a navigation satellite as viewed from the antenna 111 can be received (P:0033). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Day et al. with determining an initial zone of communication of the phased array antenna, wherein the initial zone of communication is determined based on a location of the device; identify a set of factors for modifying the initial zone of communication, wherein the set of factors are identified based on the location of the device; calculate a shape of a mask corresponding to a modified zone of communication, wherein the shape is calculated by applying the set of factors to the initial zone of communication; map the mask onto a spherical section corresponding to a full sky view to a horizon to generate the modified zone of communication; and output, to a user of the device, the modified zone of communication in order for the user terminal to determine where to position its phase array antenna system based upon a map and its position when scanning a spherical section corresponding to the sky and to receive a sky view of satellites that overcomes obstruction barriers for reliable service when tracking satellites among a constellation of satellites for service, as taught by Van Houwelin-gen and Sasaki et al.. Claim(s) 2 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Day et al. (US 6,111, 542) (IDS) in view of Van Houwelin-gen (WO 2006/019290 A1) (IDS) and Sasaki et al. (US 2017/0003395)(IDS) as applied to claims 1 and 8 above and in further view of Blanton (US 20080218424). Regarding claims 2 and 9, the combination of Day et al., Van Houwelin-gen and Sasaki et al. differs from claims 2 and 9 of the present invention in that they do not explicit disclose the initial zone of communication is tilted at an angle corresponding to a tilt of the phased array antenna at the location of the device. Blanton teaches determining a desired polarization slant angle for said phased array antenna for communication with an orbiting satellite from a terrestrial location (page 5, claim 2, lines 7-9). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the combination of Day et al., Van Houwelin-gen and Sasaki et al. with the initial zone of communication is tilted at an angle corresponding to a tilt of the phased array antenna at the location of the device in order for the user terminal to tilt its antenna toward the satellite with better reception and/or services when determining when to handoff from one satellite to another satellite based upon its user terminal position, as taught by Blanton. 4. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Houwelin-gen (WO 2006/019290 A1) (IDS) in view of Sasaki et al. (US 2017/0003395)(IDS) and Day et al. (US 6,111, 542) (IDS), new recited reference. Regarding claim 15, Van Houwelin-gen discloses non-transitory, computer-readable storage medium (memory) (fig. 2 number 52) storing thereon executable instructions that, as a result of being executed by one or more processors (fig. 2 number 52) of a computing device (satellite receiver) fig. 2 number 1 and page 6, 6th paragraph), cause the computing device to: if an error may for instance occur if one or more of the pre-selected satellites is obscured, for example if the pre-selected satellite is behind an obstacle, such as a tree or a house, and cannot be received from that position (i.e. identify a set of factors , i.e. obstacle, tree or house, for modifying the initial zone of communication, wherein the set of factors are identified based on the location of the device)(fig. 6 and page 14 lines 1-9), wherein the set of factors are identified based on the location of the device)(fig. 6 and page 14 lines 1-9), In the example of fig. 6, the location of the phased array antenna 4 is determined and therefore the azimuth/elevation of the 'invisible' satellite can be calculated and it can be determined whether or not the satellite is likely to be behind an obstacle (i.e. calculating a shape (i.e. appearance and/or form) of a mask corresponding to a modified zone of communication)(page 14 lines 6-10) and calculate how the antenna should be moved (fig. 6 number 184 and page 18 lines 15-16). Van Houwelin-gen differs from claim 15 of the present invention in that it does not explicit disclose calculating a shape of a mask corresponding to a modified zone of communication, wherein the shape is calculated by applying the set of factors to the initial zone of communication; map the mask onto a spherical section corresponding to a full sky view to a horizon to generate the modified zone of communication; and output, to a user of the computing device, the modified zone of communication and determine an initial zone of communication of a phased array antenna for a constellation of non-geosynchronous satellites. Sasaki et al. teaches a vehicle that is equipped with a positioning device using a GNSS (P:0023), a modified field of regard corresponds to a mask mapped onto a celestial section representing a sky view at the vehicle location (P:0032-P:0033), wherein the mask is generated based on the one or more factors (cloud positions) (P:0032-P:0033), the sky area calculating unit 124 calculates the sky area based on the three-dimensional point cloud position data of the conditions surrounding the vehicle (P:0033), the sky area is an area from which a direct wave of a navigation satellite as viewed from the antenna 111 can be received (P:0033). Day et al. discloses a device (fig. 1 number 110) for detecting a zone (i.e. tracking and selecting one satellite within coverage area or field of view) (col. 5 lines 6-22 and col. 10 lines 25-44) of communication between a phased array antenna and a satellite constellation including a plurality of satellites in non-geosynchronous (non-GEO) orbit (col. 4 lines 23-27, col. 5 lines 6-22 and col. 10 lines 25-44), and map a mask onto a spherical section corresponding to a full sky view (fig. 6 and col. 8 lines 29-51). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Van Houwelin-gen with calculating a shape of a mask corresponding to a modified zone of communication, wherein the shape is calculated by applying the set of factors to the initial zone of communication; map the mask onto a spherical section corresponding to a full sky view to a horizon to generate the modified zone of communication; and output, to a user of the computing device, the modified zone of communication and determine an initial zone of communication of a phased array antenna for a constellation of non-geosynchronous satellites in order for the satellite receiver to determine where to position its antennas when scanning a spherical section corresponding to the sky and to receive a sky view of satellites that overcomes obstruction barriers for reliable service when tracking satellites among a constellation of non-geosynchronous satellites for service, as taught by Sasaki et al. and Day et al.. 5. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Houwelin-gen (WO 2006/019290 A1) (IDS) in view of Sasaki et al. (US 2017/0003395)(IDS) and Day et al. (US 6,111, 542) (IDS), new recited reference as applied to claim 15 above and in further view of Blanton (US 20080218424). Regarding claim 16, the combination of Van Houwelin-gen, Sasaki et al. and Day et al. differs from claims 16 of the present invention in that they do not explicit disclose the initial zone of communication is tilted at an angle corresponding to a tilt of the phased array antenna at the location of the computing device. Blanton teaches determining a desired polarization slant angle for said phased array antenna for communication with an orbiting satellite from a terrestrial location (page 5, claim 2, lines 7-9). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the combination of Van Houwelin-gen, Sasaki et al. and Day et al. with the initial zone of communication is tilted at an angle corresponding to a tilt of the phased array antenna at the location of the computing device in order for the satellite receiverto tilt its antenna toward the satellite with better reception and/or services when determining when to scan from one satellite to another satellite based upon the receiver position, as taught by Blanton. Allowable Subject Matter Claims 3-7,10-14 and 17-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 3,10 and 17, the prior art of record fails to teach or suggest alone, or in combination determine a minimum elevation angle for the phased array antenna, wherein the minimum elevation angle is determined based on the location of the device; and modify the initial zone of communication to remove areas of the initial zone of communication corresponding to the minimum elevation angle. Regarding claims 4,11 and 18, the prior art of record fails to teach or suggest alone, or in combination the set of factors includes a GEO-belt interference zone, wherein the GEO-belt interference zone is determined based on the location of the device; and the instructions further cause the device to modify the initial zone of communication according to the GEO-belt interference zone. Regarding claims 5, 12 and 19, the prior art of record fails to teach or suggest alone, or in combination the instructions further cause the device to: process a set of geographic coordinates corresponding to the location of the device to determine a communication range for a set of visible satellites of the satellite constellation; and modify the initial zone of communication to omit a portion of the initial zone of communication that does not overlap with the communication range. Regarding claims 6,13 and 20, the prior art of record fails to teach or suggest alone, or in combination the set of factors includes a set of load balancing requirements for the satellite constellation. Regarding claims 7, 14 and 21, the prior art of record fails to teach or suggest alone, or in combination expand the modified zone of communication to incorporate a buffer region, wherein the buffer region provided additional tolerance for configuration issues associated with the device. Response to Arguments Applicant's arguments filed 8/25/2026 have been fully considered but they are not deemed to be persuasive. The following are explanations to the applicant arguments: Applicant’s arguments are nonvalid due to new revised claims rejection for claims 1,2,8-9 and 15-16 addressed above. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KEITH FERGUSON whose telephone number is (571)272-7865. The examiner can normally be reached M-F 7 am -3 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, Wesley L Kim can be reached at (571) 272-7867. 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. /KEITH FERGUSON/Primary Examiner, Art Unit 2648
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Prosecution Timeline

Mar 08, 2024
Application Filed
Apr 10, 2026
Non-Final Rejection mailed — §103
Aug 25, 2026
Response Filed
Oct 16, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
86%
Grant Probability
95%
With Interview (+8.5%)
2y 3m (~0m remaining)
Median Time to Grant
Moderate
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