Prosecution Insights
Last updated: July 17, 2026
Application No. 18/604,674

BEAM STEERING IN RECONFIGURABLE SURFACES UTILIZING INTEGRATED ACTUATORS

Final Rejection §103
Filed
Mar 14, 2024
Examiner
SINGH, GURBIR
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Dell Products L.P.
OA Round
4 (Final)
67%
Grant Probability
Favorable
5-6
OA Rounds
3m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
20 granted / 30 resolved
-1.3% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
26 currently pending
Career history
66
Total Applications
across all art units

Statute-Specific Performance

§103
86.5%
+46.5% vs TC avg
§102
1.1%
-38.9% vs TC avg
§112
12.4%
-27.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 30 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 . Response to Amendment The amendments filed on May 18th 2026 have been entered. Claims 1-6 and 9-22 are currently pending. Applicants’ amendments to the drawings and claims have overcome the objections set forth in the Non-Final Office Action mailed on April 29th 2026. 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. Claim(s) 1-6, 9-10, 12-18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Behdad et al. (US 9640867B2) in view of Mavriodu II et al. (NPL From IEEE titled Dynamically Reconfigurable High Impedance and Frequency Selective Meta surfaces Using Piezoelectric Actuator), Lach et al. (US 5440320 A), and Chang et al. (US 20080024368 A1). Regarding Claim 1, Behdad et al. discloses a reconfigurable surface (Tunable phase shifter 100 can be formed as a plurality to create a reconfigurable surface; Paragraph 60 and figure 1 and 11-15 of Behdad et al.), comprising: a substrate comprising respective metallic resonating elements of respective unit cells located at an upper portion of the reconfigurable surface to reflect an electromagnetic signal impinging on the reconfigurable surface as a reflected beam (Upper surface of the reconfigurable surface can comprise a plurality of tunable phase shifters 604 wherein each phase shift element 101 serves as a unit cell and can comprise a metallic resonating element in the form of antenna element 102 which allow the structure to reflect an incoming electromagnetic signal as a beam like beam 900 wherein said resonating elements are disposed on a substrate 104; Paragraph 33 and 41-64 as well as figure 2-3 and 11-16 of Behdad et al.), wherein the respective units cells resonate at frequencies (Unit cells of the reflector surface can resonate at a frequency of 15ghz form the feed antenna; Paragraph 48 and figure 6 of Behdad et al.); a flexible metallic ground plane beneath the respective metallic resonating elements wherein the substrate is positioned over respective portions of the flexible metallic ground plane to form respective air cavities or gaps between the substrate and the respective portions of the flexible metallic ground plan (Conducting sheet 108 may be connected to a ground potential and designed to be flexible thus serving as a flexible metallic ground plan wherein substate 110 is positioned over the ground plane to form respective air cavities or gaps between the substrate and the ground; Paragraph 33-40 and Figures 1-3 of Behdad et al.); a group of actuators controllable to vertically move the flexible metallic ground plane to change respective distances corresponding to the respective air cavities or gaps between the respective areas of the flexible metallic ground plane and the respective resonating metallic elements (Conductive sheet 108 may comprise multiple actuators configured to move the conductive sheet 107 and all of its components up or down and thus change the respective distances corresponding to respective gaps between the ground plane and the resonating metallic elements; Paragraph 36-45 and figures 1-3 of Behdad et al.), wherein the respective distances determine a phase profile of the reconfigurable surface that is usable to determine a steering direction of the reflected beam (Distance between the ground sheet 108 and the surface determines the gradient phase profile which in turn determines the phase profile wherein this profile would determine the direction the beam needs to go and the structure can further be operated to move the ground as needed to steer the beam; Paragraph 33-60 and 97-103 as well as figure 1-3 and 11-12 of Behdad et al.); Behdad et al. fails to disclose a housing that contains the respective metallic resonating elements, the flexible metallic ground plane, the group of actuators, wherein the housing comprises open perforations at a lower portion of the housing opposite the upper portion of the reconfigurable surface, wherein the respective units cells resonate at frequencies from 25 gigahertz to 40 gigahertz, and wherein the respective metallic resonating elements comprise metallic concentric circular loops printed on the substrate. Although, Mavridou II et al. fails to explicitly disclose wherein the respective units cells resonate at frequencies from 25 gigahertz to 40 gigahertz. Mavridou II et al. does disclose a housing that contains the respective metallic resonating elements, the flexible metallic ground plane, and the group of actuators (Reconfigurable surface comprises a metallic resonating elements on a periodic surface, a ground plane, and a group of actuators that are disposed in a housing defined by 2 portions now labeled H1 and H2; Pg. 5191 and annotated figure 1 of Mavridou II et al.) and wherein the respective units cells resonate at frequencies from 10 gigahertz to 15 gigahertz (Metallic resonating elements of the unit cells are configured to operate at a frequency around 15Ghz wherein they can specifically operate in a range of 10ghz-15ghz; Pg. 5190-5194 and figure 7 of Mavridou II). Lach et al. also discloses wherein the housing comprises open perforations at a lower portion of the housing opposite the upper portion of the reconfigurable surface (Reconfigurable antenna reflector comprises a housing formed by support structure 2 and sidewalls 10 wherein support structure 2 comprises two open perforations at a lower portion of the housing opposite of the reconfigurable surface 1 made up by components 4 and 5; Paragraph 1-30 and figure 4 of Lach et al.). Chang et al. further discloses wherein the respective metallic resonating elements comprise metallic concentric circular loops printed on the substrate (Microstrip reflect array antenna comprising a plate substrate 12 wherein a plurality of radiating elements 15 that are metallic concentric rings that are circular loops on the substrate wherein supporting units like 13/23 adjust the length between the ground plane 11 and the substrate 12; Paragraph 5-25 and figure 1-2 of Chang et al.). Therefore, it would been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al. to have a housing that contains the respective metallic resonating elements, the flexible metallic ground plane, and the group of actuators as well as to have the respective units cells resonate at frequencies from 25 gigahertz to 40 gigahertz as taught by Mavridou II et al. since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955). The motivation stems from wanting to hold all the components together and provide structural support for the reconfigurable surface and its operations as well as to expand the range of operation for the antenna structure since it is designed to operate at a frequency chosen by a user (Paragraph 80-85 of Behdad et al.). It would have been further obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al. and Mavridou II et al. to have the housing comprises open perforations at a lower portion of the housing opposite the upper portion of the reconfigurable surface as taught by Lach et al. so that the housing can support the reconfigurable structure (Paragraph 18-24 of Lach et al.) and allow radiation to pass freely and control directionality of the beam. It would have also been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al., Mavridou II et al., and Lach et al. to have wherein the respective metallic resonating elements comprise metallic concentric circular loops printed on the substrate as taught by Chang et al. since the antenna structure of Behdad et al. may have multiple shapes and architectures (Paragraph 70 and 104 of Behdad et al.) and since the shape of the radiating element affects it radiation properties. PNG media_image1.png 361 428 media_image1.png Greyscale PNG media_image2.png 507 717 media_image2.png Greyscale PNG media_image3.png 480 551 media_image3.png Greyscale PNG media_image4.png 411 518 media_image4.png Greyscale PNG media_image5.png 407 659 media_image5.png Greyscale Regarding Claim 2, Behdad et al. further discloses wherein the group of actuators is electrically coupled to a controller to independently drive the group of actuators to controllably move the flexible metallic ground plane vertically (Beam steering control application 2110 is coupled to the actuators 2112 and designed to control them to move the flexible ground plane vertically to control the phase shift and may be hardware/software as needed; Paragraph 97-103 and figure 20 of Behdad et al.). Regarding Claim 4, Although Behdad et al. fails to explicitly disclose a second amount of curvature. Behdad et al. does disclose wherein the respective distances comprise first respective distances that correspond to a first amount of curvature in the flexible metallic ground plane, wherein the phase profile is a first phase profile that determines a first steering direction of the reflected beam, and wherein a controller drives the group of actuators to vertically move the flexible metallic ground plane to change the first amount of curvature that changes the first respective distances to second respective distances to determine a second phase profile of the reconfigurable surface that determines a second steering direction of the reflected beam (The device can be configured to comprise a distance 302 to cause a curvature 300 of the flexible ground plane with this creating a phase variation 5 wherein these configurations can serve as a first phase profile and the actuators at edges 124-126 can be configured to move the flexible ground plane to another vertical distance 202 creating a flexible ground plane with a curvature amount of zero to obtain another phase version 4 thus creating a second phase profile with a different curvature amount wherein steering directions would also change as well, but a second curve could also be provided by the ground structure of figure 12 wherein individual ground pieces can be controlled independently ; Paragraph 44-45 and 66 as well as figure 2-3 and 12 of Behdad et al.). However, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al. to have a second amount of curvature since the flexible metallic ground can be bent at its edges or a center to form a concave shapes and flexible metallic ground can comprise multiple portions wherein the overall slope of the portions can be changed (Paragraph 45 and 65-72) and they have already shown a first curve. The motivation stems from the fact that the shape/curve of the flexible metallic ground plane affects the phase generated (Paragraph 45 of Behdad et al.) and the overall reflection. Regarding Claim 5, Behdad et al. further discloses wherein the respective distances correspond to a first tilt angle, wherein the phase profile is a first phase profile that determines a first steering direction of the reflected beam, and wherein a controller drives the group of actuators to vertically move the flexible metallic ground plane to change the first tilt angle to a second tilt angle that changes the first phase profile to a second phase profile that determines a second steering direction of the reflected beam (Device can be configured to have a first tilt angle which can be a tilt caused by distances like 200, 202, 204, and 302 wherein one of these tilts can be a first phase profile that would determine a first phase variation and thus a first beam direction, additionally the controller can then be used to vertical move the ground to a second distance chosen from the ones above thus causing a second tilt angle thus creating a second phase profile with a different phase variation causing a different beam direction, but tilt angles can also be determined in the ground structures of figures 11-14 which also showing changing tilts; Paragraph 42-45 and 66-72 as well as figures 2-3 of Behdad et al.). Regarding Claim 6, Although Behdad et al. fails to explicitly disclose a second amount of curvature. Behdad et al. further discloses wherein the respective distances comprise first respective distances that correspond to a first amount of curvature and a first tilt angle of the flexible metallic ground plane, wherein the phase profile is a first phase profile that determines a first steering direction of the reflected beam, and wherein a controller drives the group of actuators to vertically move the flexible metallic ground plane to change the first amount of curvature and change the first tilt angle to a second tilt angle, to change the first respective distances to second respective distances to determine a second phase profile of the reconfigurable surface that determines a second steering direction of the reflected beam (Device may be configured to have a flexible ground with multiple portions 108a-108n wherein each of these portions can have actuators controlled by a controller such that they can be placed at different heights creating a slope wherein said slope can be changed thus creating a first curve like 300 and the overall position of these portions creates a first tilt distance 1200 leading to a first tilt angle wherein this configuration would have its own phase and beam direction thus serving as a first phase profile. Furthermore this distance can then be controlled by the controller to change the distance, slope, tilt, etc. to a configuration like figure 14 at tilt distance 1102 or whatever tilt is required wherein a second phase profile would be formed with a second beam direction, it should also be noted that curvature amounts and tilt angles could also be configured as shown in figures 1-3; Paragraph 65-72 and figure 11-14 of Behdad et al.). However, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al. to have a second amount of curvature since the flexible metallic ground can be bent at its edges or a center to form a concave shapes and flexible ground can comprise multiple portions wherein the overall slope of the portions can be changed (Paragraph 45 and 65-72) and they have already shown a first curve. The motivation stems from the fact that the shape/curve of the flexible metallic ground plane affects the phase generated (Paragraph 45 of Behdad et al.) and the overall reflection. Regarding Claim 9, Behdad et al. further discloses wherein the respective metallic resonating elements are arranged as a two-dimensional array at the upper portion of the reconfigurable surface, and wherein the respective metallic resonating elements resonate at a frequency corresponding to a frequency of the electromagnetic signal impinging on the reconfigurable surface (Plurality of tunable phase shifters 604 comprising the resonating elements may be arranged to form a two-dimensional array and resonating elements 102 can be designed based on the radiating characteristics of the incoming waves like there frequency; Paragraph 40 and 74-77 of Behdad et al.). Regarding Claim 10, Behdad et al. discloses a method comprising: obtaining, by a system comprising a controller, phase profile data representative of a phase profile of a reconfigurable surface, wherein the reconfigurable surface comprises a substrate comprising respective metallic resonating elements of respective unit cells located at an upper portion of the reconfigurable surface to reflect an electromagnetic signal impinging on the reconfigurable surface as a reflected beam (Upper surface of the reconfigurable surface can comprise a plurality of tunable phase shifters 604 wherein each phase shift element 101 serves as a unit cell and can comprise a metallic resonating element in the form of antenna element 102 which allow the structure to reflect an incoming electromagnetic signal as a beam like beam 900 wherein said resonating elements are disposed on a substrate 104; Paragraph 33 and 41-64 as well as figure 2-3 and 11-16 of Behdad et al.), wherein the respective units cells resonate at frequencies (Unit cells of the reflector surface can resonate at a frequency of 15ghz form the feed antenna; Paragraph 48 and figure 6 of Behdad et al.); and driving, by the controller based on the phase profile data, a group of linear actuators mechanically coupled to a ground plane of the reconfigurable surface to move the ground plane vertically into vertical positions, wherein the ground plane is beneath the respective metallic resonating elements, forming respective gaps between respective areas of the ground plane and the substrate comprising the respective metallic resonating elements, wherein the substrate is positioned over respective portions of the ground plane to form respective air cavities or gaps between the substrate and the respective portions of the ground plane (Conducting sheet 108 may be connected to a ground potential and designed to be flexible thus serving as a flexible metallic ground plan wherein substate 110 is positioned over the ground plane to form respective air cavities or gaps between the substrate and the ground; Paragraph 33-40 and Figures 1-3 of Behdad et al.), as a result of which: the reconfigurable surface redirects incoming electromagnetic signals as a redirected beam that is beam steered based on the phase profile data, wherein vertically moving the ground plane changes respective distances corresponding to the respective air cavities or gaps between the respective areas of the ground plane and the respective resonating metallic elements, and wherein the respective distances determine the phase profile of the reconfigurable surface (Beam control application 2110 can control the actuators coupled to the ground plane to move the ground plane in a vertical direction so the reconfigurable surface can redirect the incoming signal into a beam like 900 and the displacement of the ground and beam direction would be based on a phase profile wherein the application 2110 can include software that would comprise the phase profile data to compute the required height and direct the actuators to move to the required positions to change the distance between the ground and substrate which have the metallic resonating elements; Paragraph 51-57 and 97-103 of Behdad et al.), and the ground plane is contained in a housing that comprises unobstructed perforations at a lower portion of the housing opposite an upper portion of the reconfigurable surface. Behdad et al. fails to disclose the ground plane is contained in a housing that comprises unobstructed perforations at a lower portion of the housing opposite an upper portion of the reconfigurable surface and wherein the respective units cells resonate at frequencies from 25 gigahertz to 40 gigahertz. Although, Mavridou II et al. fails to explicitly disclose wherein the respective units cells resonate at frequencies from 25 gigahertz to 40 gigahertz. Mavridou II et al. does disclose the ground plane is contained in a housing (Reconfigurable surface comprises a metallic resonating elements on a periodic surface, a ground plane, and a group of actuators that are disposed in a housing defined by 2 portions now labeled H1 and H2; Pg. 5191 and annotated figure 1 of Mavridou II et al.) and wherein the respective units cells resonate at frequencies from 10 gigahertz to 15 gigahertz (Metallic resonating elements of the unit cells are configured to operate at a frequency around 15Ghz wherein they can specifically operate in a range of 10ghz-15ghz; Pg. 5190-5194 and figure 7 of Mavridou II). Lach et al. also discloses a housing that comprises unobstructed perforations at a lower portion of the housing opposite an upper portion of the reconfigurable surface (Reconfigurable antenna reflector comprises a housing formed by support structure 2 and sidewalls 10 wherein support structure 2 comprises two open perforations at a lower portion of the housing opposite of the reconfigurable surface 1 made up by components 4 and 5; Paragraph 1-30 and figure 4 of Lach et al.). Chang et al. further discloses wherein the respective metallic resonating elements comprise metallic concentric circular loops printed on the substrate (Microstrip reflect array antenna comprising a plate substrate 12 wherein a plurality of radiating elements 15 that are metallic concentric rings that are circular loops on the substrate wherein supporting units like 13/23 adjust the length between the ground plane 11 and the substrate 12; Paragraph 5-25 and figure 1-2 of Chang et al.). Therefore, it would been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al. to have the ground plane be contained in a housing as well as to have the respective units cells resonate at frequencies from 25 gigahertz to 40 gigahertz as taught by Mavridou II et al. since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955). The motivation stems from wanting to hold all the components together and provide structural support for the reconfigurable surface and its operations as well as to expand the range of operation for the antenna structure since it is designed to operate at a frequency chosen by a user (Paragraph 80-85 of Behdad et al.). It would have been further obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al. and Mavridou II et al. to have a housing that comprises unobstructed perforations at a lower portion of the housing opposite an upper portion of the reconfigurable surface as taught by Lach et al. so that the housing can support the reconfigurable structure (Paragraph 18-24 of Lach et al.) and allow radiation to pass freely and control directionality of the beam. It would have also been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al., Mavridou II et al., and Lach et al. to have wherein the respective metallic resonating elements comprise metallic concentric circular loops printed on the substrate as taught by Chang et al. since the antenna structure of Behdad et al. may have multiple shapes and architectures (Paragraph 70 and 104 of Behdad et al.) and since the shape of the radiating element affects it radiation properties. Regarding Claim 12, Behdad et al. further discloses wherein the phase profile data is first phase profile data, wherein the redirected beam is a first redirected beam comprising a first beam direction, wherein the vertical positions are first vertical positions, and further comprising obtaining, by the system, second phase profile data representative of a second phase profile of the reconfigurable surface, and further comprising driving, by the controller based on the second phase profile data, the group of linear actuators to move the ground plane vertically into second vertical positions, to change the first beam direction of the first redirected beam to a second beam direction of a second redirected beam (A first phase profile can be defined by a first tilt angle form a first direction chosen from the directions like 200, 202, 204, and 302 determine a first phase and a first beam direction wherein a beam steering controlling device with software comprising the phase profile data can employ the actuators to move the flexible ground plane to a second direction from 200, 202, 204, and 302 which would deterring second phase and second beam direction thus serving as a second phase profile; Paragraph 42-47 and 97-103 of Behdad et al.). Regarding Claim 13, Although Behdad et al. fails to explicitly disclose a second amount of flex. Behdad et al. does disclose wherein the first vertical positions correspond to a first amount of flex of the ground plane corresponding to a first gradient phase profile, and wherein the driving, by the controller based on the second phase profile data of the group of linear actuators, changes the first amount of flex to a second amount of flex of the ground plane corresponding to a second gradient phase profile (The device can be configured to comprise a distance 302 to cause a curvature, and a corresponding flex, 300 of the flexible ground plane with this creating a phase variation 5 wherein these configurations can serve as a first phase profile and the actuators at edges 124-126 can be configured to move the flexible ground plane to another vertical distance 202 creating a flexible ground plane with a curvature amount of zero to obtain another phase version 4 thus creating a second phase profile with a different curvature/flex amount wherein steering directions would also change as well, but a second curve could also be provided by the ground structure of figure 12 wherein individual ground pieces can be controlled independently ; Paragraph 44-45 and 66 as well as figure 2-3 and 12 of Behdad et al.). However, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al. to have a second amount of flex since the flexible ground can be bent at its edges or a center to form a concave shapes and flexible ground can comprise multiple portions wherein the overall slope of the portions can be changed (Paragraph 45 and 65-72) and they have already shown a first curve with a first flex. The motivation stems from the fact that the curve, and corresponding flex due the curve, of the flexible ground plane affects the phase generated (Paragraph 45 of Behdad et al.) and the overall reflection. Regarding Claim 14, Behdad et al. further discloses wherein the first vertical positions correspond to a first amount of tilt of the ground plane, and wherein the driving, by the controller based on the second phase profile data of the group of linear actuators, changes the first amount of tilt to a second amount of tilt of the ground plane (Device can be configured to have a first tilt angle which can be a tilt caused by distances like 200, 202, 204, and 302 wherein one of these tilts can be a first phase profile that would determine a first phase variation and thus a first beam direction, additionally the controller can then be used to vertical move the ground to a second distance chosen from the ones above thus causing a second tilt angle thus creating a second phase profile with a different phase variation causing a different beam direction, but tilt angles can also be determined in the ground structures of figures 11-14 which also showing changing tilts; Paragraph 42-45 and 66-72 as well as figures 2-3 of Behdad et al.). Regarding Claim 15, Although Behdad et al. fails to explicitly disclose a second amount of flex. Behdad et al. further discloses wherein the first vertical positions correspond to a first amount of tilt and a first amount of flex and of the ground plane, wherein the first amount of tilt and the first amount of flex determine a first gradient phase profile, and wherein the driving, by the controller based on the second phase profile data of the group of linear actuators, changes the first amount of tilt and the first amount of flex to a second amount of tilt and a second amount of flex of the ground plane, wherein the second amount of tilt and the second amount of flex determine a second gradient phase profile (Device may be configured to have a flexible ground with multiple portions 108a-108n wherein each of these portions can have actuators controlled by a controller such that they can be placed at different heights creating a slope wherein said slope can be changed thus creating a first curve/flex like 300 and the overall position of these portions creates a first tilt distance 1200 leading to a first tilt angle wherein this configuration would have its own phase and beam direction thus serving as a first phase profile. Furthermore this distance can then be controlled by the controller to change the distance, slope, tilt, etc. to a configuration like figure 14 at tilt distance 1102 or whatever tilt is required wherein a second phase profile would be formed with a second beam direction, it should also be noted that curvature amounts and tilt angles could also be configured as shown in figures 1-3; Paragraph 65-72 and figure 11-14 of Behdad et al.) However, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al. to have a second amount of flex since the flexible ground can be bent at its edges or a center to form a concave shapes and flexible ground can comprise multiple portions wherein the overall slope of the portions can be changed (Paragraph 45 and 65-72) and they have already shown a first curve with a first flex. The motivation stems from the fact that the curve, and corresponding flex due the curve, of the flexible ground plane affects the phase generated (Paragraph 45 of Behdad et al.) and the overall reflection. Regarding Claim 16, Behead discloses a system (Tunable phase shifter 100 can be formed as a plurality to create a reconfigurable surface; Paragraph 60 and figure 1 and 11-15 of Behdad et al.), comprising: a substrate comprising respective metallic resonating elements of respective unit cells located at an upper portion of the reconfigurable surface to reflect an electromagnetic signal impinging on the reconfigurable surface as a reflected beam (Upper surface of the reconfigurable surface can comprise a plurality of tunable phase shifters 604 wherein each phase shift element 101 serves as a unit cell and can comprise a metallic resonating element in the form of antenna element 102 which allow the structure to reflect an incoming electromagnetic signal as a beam like beam 900 wherein said resonating elements are disposed on a substrate 104; Paragraph 33 and 41-64 as well as figure 2-3 and 11-16 of Behdad et al.), wherein the respective units cells resonate at frequencies (Unit cells of the reflector surface can resonate at a frequency of 15ghz form the feed antenna; Paragraph 48 and figure 6 of Behdad et al.); a flexible metallic ground plane adjacent to the respective metallic resonating elements that forms respective gaps between respective portions of the flexible metallic ground plane and the substrate comprising respective metallic resonating elements, wherein the substrate is positioned over respective portions of the flexible metallic ground plane to form respective air cavities or gaps between the substrate and the respective portions of the flexible metallic ground plane (Conducting sheet 108 may be connected to a ground potential and designed to be flexible thus serving as a flexible metallic ground plane wherein substate 110 is positioned over the ground plane to form respective air cavities or gaps between the substrate and the ground; Paragraph 33-40 and Figures 1-3 of Behdad et al.); a controller that mechanically moves the flexible metallic ground plane vertically, to determine respective distances between the respective portions of the flexible metallic ground plane and the respective resonating metallic elements (Conductive sheet 108 may comprise multiple actuators configured to move the conductive sheet 107 and all of its components up or down and thus change the respective distances corresponding to respective gaps between the ground plane and the resonating metallic elements and Beam steering control application 2110 is coupled to the actuators 2112 and designed to control them to move the flexible ground plane vertically to control the phase shift and may be hardware/software as needed; Paragraph 36-45 and 97-103 as well as figures 1-3 and 20 of Behdad et al.), wherein the respective distances determine a direction of a beam reflected by the reconfigurable surface from an electromagnetic signal impinging on the reconfigurable surface (Distance between the ground sheet 108 and the surface determines the gradient phase profile which in turn determines the phase profile wherein this profile would determine the direction the beam needs to go and the structure can further be operated to move the ground as needed to steer the beam; Paragraph 33-60 and 97-103 as well as figure 1-3 and 11-12 of Behdad et al.); Behdad et al. fails to disclose a housing that contains the respective metallic resonating elements, the flexible metallic ground plane, the group of actuators, wherein the housing comprises open perforations at a lower portion of the housing opposite the upper portion of the reconfigurable surface, and wherein the respective units cells resonate at frequencies from 25 gigahertz to 40 gigahertz. Although, Mavridou II et al. fails to explicitly disclose wherein the respective units cells resonate at frequencies from 25 gigahertz to 40 gigahertz. Mavridou II et al. does disclose a housing that contains the respective metallic resonating elements, the flexible metallic ground plane, and the group of actuators (Reconfigurable surface comprises a metallic resonating elements on a periodic surface, a ground plane, and a group of actuators that are disposed in a housing defined by 2 portions now labeled H1 and H2; Pg. 5191 and annotated figure 1 of Mavridou II et al.) and wherein the respective units cells are resonate at frequencies from approximately 10 gigahertz to approximately 15 gigahertz (Metallic resonating elements of the unit cells are operate at a frequency around 15Ghz wherein they can specifically operate in a range of 10ghz-15ghz; Pg. 5190-5194 and figure 7 of Mavridou II). Lach et al. also discloses wherein the housing comprises open perforations at a lower portion of the housing opposite the upper portion of the reconfigurable surface (Reconfigurable antenna reflector comprises a housing formed by support structure 2 and sidewalls 10 wherein support structure 2 comprises two open perforations at a lower portion of the housing opposite of the reconfigurable surface 1 made up by components 4 and 5; Paragraph 1-30 and figure 4 of Lach et al.). Chang et al. further discloses wherein the respective metallic resonating elements comprise metallic concentric circular loops printed on the substrate (Microstrip reflect array antenna comprising a plate substrate 12 wherein a plurality of radiating elements 15 that are metallic concentric rings that are circular loops on the substrate wherein supporting units like 13/23 adjust the length between the ground plane 11 and the substrate 12; Paragraph 5-25 and figure 1-2 of Chang et al.). Therefore, it would been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al. to have a housing that contains the respective metallic resonating elements, the flexible metallic ground plane, and the group of actuators as taught by Mavridou II et al. to hold all the components together and provide structural support for the reconfigurable surface and its operations. It would have been further obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al. and Mavridou II et al. to have the housing comprises open perforations at a lower portion of the housing opposite the upper portion of the reconfigurable surface as taught by Lach et al. so that the housing can support the reconfigurable structure (Paragraph 18-24 of Lach et al.) and allow radiation to pass freely and control directionality of the beam. It would have also been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al., Mavridou II et al., and Lach et al. to have wherein the respective metallic resonating elements comprise metallic concentric circular loops printed on the substrate as taught by Chang et al. since the antenna structure of Behdad et al. may have multiple shapes and architectures (Paragraph 70 and 104 of Behdad et al.) and since the shape of the radiating element affects it radiation properties. Regarding Claim 17, Behdad et al. further discloses wherein the controller mechanically curves the flexible metallic ground plane by driving at least one portion of the flexible metallic ground plane vertically relative to at least one other portion of the flexible metallic ground plane (Conductive sheet 108 may comprise multiple actuators configured to move the conductive sheet 107 and all of its components up or down and thus change the respective distances corresponding to respective gaps between the ground plane and the resonating metallic elements and Beam steering control application 2110 is coupled to the actuators 2112 and designed to control them to move the flexible ground plane vertically to control the phase shift and may be hardware/software as needed wherein said ground plane can be curved as seen in figure 3; Paragraph 36-45 and 97-103 as well as figures 1-3 and 20 of Behdad et al.). Regarding Claim 18, Behdad et al. further discloses wherein the controller mechanically tilts the flexible metallic ground plane by driving at least one portion of the flexible metallic ground plane vertically relative to at least one other portion of the flexible metallic ground plane (Conductive sheet 108 may comprise multiple actuators configured to move the conductive sheet 107 and all of its components up or down and thus change the respective distances corresponding to respective gaps between the ground plane and the resonating metallic elements and Beam steering control application 2110 is coupled to the actuators 2112 and designed to control them to move the flexible ground plane vertically to control the phase shift and may be hardware/software as needed wherein said ground plane can be tilted as seen in figure 2; Paragraph 36-45 and 97-103 as well as figures 1-3 and 20 of Behdad et al.). Regarding Claim 21, Behdad et al. further discloses wherein the group of actuators are electrically coupled to a controller to independently drive the group of actuators to controllably move the flexible metallic ground plane vertically (Beam steering control application 2110 is coupled to the actuators 2112 and designed to control them to move the flexible ground plane vertically to control the phase shift and may be hardware/software as needed; Paragraph 97-103 and figure 20 of Behdad et al.). Claim(s) 3, 11, 19-20, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Behdad et al. (US 9640867B2) in view of Mavriodu II et al. (NPL From IEEE titled Dynamically Reconfigurable High Impedance and Frequency Selective Meta surfaces Using Piezoelectric Actuator), Lach et al. (US 5440320 A), Chang et al. (US 20080024368 A1), and Mavriodu I et al. (NPL From IEEE titled Continuously Tunable mm-Wave High Impedance Surface). Regarding Claim 3, Behdad et al. further disclose wherein the flexible metallic ground plane has four respective corners, and wherein the group of actuators comprises respective piezo motors mechanically coupled to the respective corners to independently adjust respective heights of the respective corners (Flexible ground plane can comprise 4 corners 1504, 1508, 1512, etc. wherein each corner has a first, second, third, and fourth distance and a first, second, and third actuator is coupled to the first 3 corners such that they can adjust the respective heights 1506, 1510, 1514 wherein the actuators may be a motor like a piezoelectric; Paragraph 37 and 70 as well as figure 15 of Behdad et al.). Behdad et al., Mavridou II et al., Lach et al., and Chang et al. fail to explicitly disclose the group of actuators comprises four respective piezo motors mechanically coupled to the four respective corners (Conductive sheet elements 108a-108n can comprise actuators on each edge of each element which would be 4 actuators on 4 edges; Paragraph 67 of Behdad et al.). However, Mavridou I et al. does disclose the group of actuators comprises four respective piezo motors mechanically coupled to the four respective corners (Four Piezoelectric actuators are deployed and placed beneath 4 corners of the ground plane to provide support; Pg. 1391-1392 and figure 1 of Mavridou I et al.). Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al., Mavridou II et al., Lach et al., and Chang et al. to have group of actuators comprises four respective piezo motors mechanically coupled to the four respective corners as taught by Mavridou I et al. since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (CA7 1977). The motivation would stem from wanting to place an actuator on the fourth corner to control its height just like the other three corners (Paragraph 70 of Behdad et al.) and provide support for the four corners of the ground plane (Pg. 1391-1392 of Mavridou I et al.). PNG media_image6.png 539 555 media_image6.png Greyscale Regarding Claim 11, Behdad et al. does disclose wherein the ground plane comprises four respective corners, wherein the group of linear actuators comprises respective motors mechanically coupled to the respective corners, and wherein the driving by the controller of the group of linear actuators comprises controlling the respective motors to drive the respective corners respective vertical amounts (Flexible ground plane can comprise 4 corners 1504, 1508, 1512, etc. wherein each corner has a first, second, third, and fourth distance and a first, second, and third actuator is coupled to the first 3 corners such that they can adjust the respective heights 1506, 1510, 1514 wherein the actuators may be a motor like a piezoelectric to drive the corners in vertical amounts; Paragraph 37 and 70 as well as figure 15 of Behdad et al.). Behdad et al., Mavridou II et al., Lach et al., and Chang et al. fail to explicitly disclose four motors mechanically coupled to the four respective corners (Conductive sheet elements 108a-108n can comprise actuators on each edge of each element which would be 4 actuators on 4 edges; Paragraph 67 of Behdad et al.). However, Mavridou I et al. does four motors mechanically coupled to the four respective corners (Four Piezoelectric actuators are deployed and placed beneath 4 corners of the ground plane to provide support; Pg. 1391-1392 and figure 1 of Mavridou I et al.). Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al., Mavridou II et al., Lach et al., and Chang et al. to four motors mechanically coupled to the four respective corners as taught by Mavridou I et al. since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (CA7 1977). The motivation would stem from wanting to place an actuator on the fourth corner to control its height just like the other three corners (Paragraph 70 of Behdad et al.) and provide support for the four corners of the ground plane (Pg. 1391-1392 of Mavridou I et al.). Regarding Claim 19, Behdad et al. does disclose wherein the flexible metallic ground plane comprises four respective corners, and further comprising respective mechanical actuators mechanically coupled to the respective corners to determine respective relative heights of the respective corners, and wherein the controller mechanically changes at least one of: curve, tilt angle or height of the flexible metallic ground plane by driving the respective mechanical motors to move the respective corners of the flexible metallic ground plane vertically (Flexible ground plane can comprise 4 corners 1504, 1508, 1512, etc. wherein each corner has a first, second, third, and fourth distance and a first, second, and third actuator is coupled to the first 3 corners such that they can adjust the respective heights 1506, 1510, 1514 wherein the actuators may be a motor like a piezoelectric wherein the controller drives the actuators to move the corners to tilt or curve the ground plane; Paragraph 36-45 and 70 as well as figure 15 of Behdad et al.). Behdad et al., Mavridou II et al., Lach et al., and Chang et al. fail to explicitly disclose four respective mechanical actuators mechanically coupled to the four respective corners (Conductive sheet elements 108a-108n can comprise actuators on each edge of each element which would be 4 actuators on 4 edges; Paragraph 67 of Behdad et al.). However, Mavridou I et al. does disclose four respective mechanical actuators mechanically coupled to the four respective corners (Four Piezoelectric actuators are deployed and placed beneath 4 corners of the ground plane to provide support; Pg. 1391-1392 and figure 1 of Mavridou I et al.). Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al., Mavridou II et al., Lach et al., and Chang et al. to have four respective mechanical actuators mechanically coupled to the four respective corners as taught by Mavridou I et al. since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (CA7 1977). The motivation would stem from wanting to place an actuator on the fourth corner to control its height just like the other three corners (Paragraph 70 of Behdad et al.) and provide support for the four corners of the ground plane (Pg. 1391-1392 of Mavridou I et al.). Regarding Claim 20, Behdad et al. does disclose wherein the respective mechanical are beneath the respective corners to drive the respective corners respective upward or downward vertical distances relative to one another (Flexible ground plane can comprise 4 corners 1504, 1508, 1512, etc. wherein each corner has a first, second, third, and fourth distance and a first, second, and third actuator is coupled beneath first 3 corners such that they can adjust the respective heights 1506, 1510, 1514 wherein the actuators may be a motor like a piezoelectric wherein the controller drives the actuators to move corners up and down relative to each other; Paragraph 36-45 and 70 as well as figure 15 of Behdad et al.). Behdad et al., Mavridou II et al., Lach et al., and Chang et al. fails to explicitly disclose four respective mechanical are beneath the four respective corners (Conductive sheet elements 108a-108n can comprise actuators on each edge of each element which would be 4 actuators on 4 edges; Paragraph 67 of Behdad et al.). However, Mavridou I et al. does disclose four respective mechanical are beneath the four respective corners (Four Piezoelectric actuators are deployed and placed beneath 4 corners of the ground plane to provide support; Pg. 1391-1392 and figure 1 of Mavridou I et al.). Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al., Mavridou II et al., Lach et al., and Chang et al. to have four respective mechanical are beneath the four respective corners as taught by Mavridou I et al. since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (CA7 1977). The motivation would stem from wanting to place an actuator on the fourth corner to control its height just like the other three corners (Paragraph 70 of Behdad et al.) and provide support for the four corners of the ground plane (Pg. 1391-1392 of Mavridou I et al.). Regarding Claim 22, Behdad et al. further disclose wherein the flexible metallic ground plane has four respective corners, and wherein the group of actuators comprise respective piezo motors mechanically coupled to the respective corners to independently adjust respective heights of the respective corners (Flexible ground plane can comprise 4 corners 1504, 1508, 1512, etc. wherein each corner has a first, second, third, and fourth distance and a first, second, and third actuator is coupled to the first 3 corners such that they can adjust the respective heights 1506, 1510, 1514 wherein the actuators may be a motor like a piezoelectric; Paragraph 37 and 70 as well as figure 15 of Behdad et al.). Behdad et al., Mavridou II et al., Lach et al., and Chang et al. fails to explicitly disclose the group of actuators comprise four respective piezo motors mechanically coupled to the four respective corners (Conductive sheet elements 108a-108n can comprise actuators on each edge of each element which would be 4 actuators on 4 edges; Paragraph 67 of Behdad et al.). However, Mavridou I et al. does disclose the group of actuators comprise four respective piezo motors mechanically coupled to the four respective corners (Four Piezoelectric actuators are deployed and placed beneath 4 corners of the ground plane to provide support; Pg. 1391-1392 and figure 1 of Mavridou I et al.). Therefore, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art modify the antenna as taught by Behdad et al., Mavridou II et al., Lach et al., and Chang et al. to have group of actuators comprise four respective piezo motors mechanically coupled to the four respective corners as taught by Mavridou I et al. since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 (CA7 1977). The motivation would stem from wanting to place an actuator on the fourth corner to control its height just like the other three corners (Paragraph 70 of Behdad et al.) and provide support for the four corners of the ground plane (Pg. 1391-1392 of Mavridou I et al.). Response to Arguments Applicant’s arguments with respect to claim(s) 1, 10, and 16 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 GURBIR SINGH whose telephone number is (703)756-4637. The examiner can normally be reached Monday - Thursday 8 a.m. - 5 p.m. ET. 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 E 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 /GURBIR SINGH/Examiner, Art Unit 2845
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Prosecution Timeline

Show 10 earlier events
Jan 24, 2026
Response after Non-Final Action
Apr 29, 2026
Non-Final Rejection mailed — §103
May 05, 2026
Interview Requested
May 14, 2026
Examiner Interview Summary
May 14, 2026
Applicant Interview (Telephonic)
May 18, 2026
Response Filed
Jul 09, 2026
Final Rejection mailed — §103
Jul 13, 2026
Interview Requested

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5-6
Expected OA Rounds
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83%
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2y 7m (~3m remaining)
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