Prosecution Insights
Last updated: April 19, 2026
Application No. 18/741,083

RECONFIGURABLE METASURFACE ANTENNA

Non-Final OA §102§103§112
Filed
Jun 12, 2024
Examiner
KIM, YONCHAN J
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Center For Advanced Meta-Materials
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
131 granted / 162 resolved
+12.9% vs TC avg
Strong +21% interview lift
Without
With
+21.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
49 currently pending
Career history
211
Total Applications
across all art units

Statute-Specific Performance

§103
45.9%
+5.9% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 162 resolved cases

Office Action

§102 §103 §112
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on June 12, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an RF absorber absorbing the electromagnetic waves is positioned at a center of the upper space and the electromagnetic waves are reflected to the upper space from the lower space” and “an absorber absorbing electromagnetic waves which spread outward while forming the concentric circle is positioned to surround the reconfigurable metasurface antenna outside the waveguide” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claims 3-10 and 14 are objected to because of the following informalities: In claim 3-5 and 14, “the active electronic device” lacks proper antecedent basis and should read “the at least one active electronic device” In claim 3, “the same surface” lacks proper antecedent basis and should read “a same surface” In claims 3, 6-10, and 14, “each unit radiator” lacks proper antecedent basis and should read “each unit radiator of the plurality of unit radiators” In claims 6-7, and 9, “each bias line” lacks proper antecedent basis and should read “each bias line of the plurality of bias lines” Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 2-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 2 recites the limitation "the shapes" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear which previous limitations of “shape” or “shapes” are being referenced by this limitation. Claim 4 recites the limitation "an inner center separated by the circular ring shape is connected to outside" in lines 2-3. It is unclear what is referenced by the term “outside” and renders the claim indefinite. Claim 9 recites the limitation "the other end of each bias line" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Claim 10 recites the limitations "x" and “y” in lines 3-4. These limitations are undefined and render the claim indefinite. Claim 11 recites the limitation "when inside is partitioned into the lower space and the upper space by the separator" in lines 3-4. It is unclear what is referenced by the term “inside” and renders the claim indefinite. Claim 13 recites the limitation "and electromagnetic waves" in line 3. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this limitation is referring to the previous limitations of “electromagnetic waves” or a new limitation. Claim 13 recites the limitation "the center" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear which previous limitations of “center” are being referenced by this limitation. Claim 13 recites the limitation "electromagnetic waves which spread outward while forming the concentric circle" in lines 5-6. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this limitation is referring to the previous limitations of “electromagnetic waves” or a new limitation. Claims 3-9 inherit the deficiencies of claim 2. Claim 12 inherits the deficiencies of claim 11. 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 1-2 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Medhipour et al. (US PGPUB 2020/0287283 A1), hereinafter known as Medhipour. Regarding claim 1, Medhipour discloses (Fig. 1A, 1B, 7, 8A-8B, and 10) A reconfigurable metasurface antenna (Fig. 1A, 1B, 7, 8A-8B, and 10), comprising: a power feeding unit (1601) receiving and propagating electromagnetic waves in a form of a concentric wave; and a variable metasurface unit (1210) positioned at an upper part of the power feeding unit, having a plurality of unit radiators (1212), and radiating the electromagnetic waves transmitted from the power feeding unit (1601) according to a combination of activated unit radiators among the plurality of unit radiators (1212). Regarding claim 2, Medhipour further discloses (Fig. 8A-8B) wherein the plurality of unit radiators (1212) are formed in a circular ring shape, a metal slot shape (1212), a metal I-shaped slot shape, and a circular metal slot shape, respectively, or formed in different shapes or in a combination of the shapes, and formed in different sizes, and each of the plurality of unit radiators (1212) is formed on top or bottom of the variable metasurface unit (1210). Regarding claim 11, Medhipour further discloses (Fig. 10-11) wherein the power feeding unit (1601, 1615) has a lower space and an upper space partitioned by a separator formed therein, or has a single space (inside of Fig. 11) forming a single plane without the separator, and when inside is partitioned into the lower space and the upper space by the separator, a waveguide coupler receiving the electromagnetic waves is positioned at a center of the lower space, and an RF absorber absorbing the electromagnetic waves is positioned at a center of the upper space and the electromagnetic waves are reflected to the upper space from the lower space. Regarding claim 12, Medhipour further discloses (Fig. 10) wherein the electromagnetic waves (traveling wave) are propagated in different directions in the lower space and the upper space. Regarding claim 13, Medhipour further discloses (Fig. 11) wherein when the power feeding unit has the single space without the separator, the waveguide coupler (1615 pin) receiving the electromagnetic waves is positioned at a center of internal space (1612) and electromagnetic waves (traveling wave) which spread outward from the center while forming a concentric circle are formed, and an absorber (1619) absorbing electromagnetic waves which spread outward while forming the concentric circle is positioned to surround the reconfigurable metasurface antenna outside the waveguide (1612). Claims 1-9 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bily et al. (US PGPUB 2016/0372834 A1), hereinafter known as Bily. Regarding claim 1, Bily discloses (Fig. 1, 5) A reconfigurable metasurface antenna (100), comprising: a power feeding unit (108) receiving and propagating electromagnetic waves in a form of a concentric wave; and a variable metasurface unit (104, 500) positioned at an upper part of the power feeding unit, having a plurality of unit radiators (102, 510), and radiating the electromagnetic waves transmitted from the power feeding unit (108) according to a combination of activated unit radiators among the plurality of unit radiators (102, 510). Regarding claim 2, Bily further discloses (Fig. 5, 9A) wherein the plurality of unit radiators (510, 920) are formed in a circular ring shape, a metal slot shape, a metal I-shaped slot shape, and a circular metal slot shape, respectively, or formed in different shapes (510) or in a combination of the shapes, and formed in different sizes, and each of the plurality of unit radiators (510, 920) is formed on top or bottom of the variable metasurface unit (Fig. 9A). Regarding claim 3, Bily further discloses (Fig. 5, 9A, 13) wherein each of the plurality of unit radiators includes at least one active electronic device (952, 1304), and the active electronic device (952, 1304) is formed on the same surface as or an opposite surface to a bias line (950, 1302), and when the active electronic device (952, 1304) is formed on the opposite surface, each unit radiator (922) is connected to the bias line through a via hole. Regarding claim 4, Bily further discloses (Fig. 9A-9B) wherein when the plurality of unit radiators (920) are formed in the circular ring shape (outer ring of 920), an inner center (922) separated by the circular ring shape (out ring of 920) is connected to outside by the active electronic device (952), and the via hole (922 via hole) for transmitting an electrical signal for controlling whether the plurality of unit radiators are activated is formed at the inner center of the plurality of unit radiators (922). Regarding claim 5, Bily further discloses (Fig. 9A-9B) wherein the active electronic device (952) is disposed to face a center of the variable metasurface unit (920). Regarding claim 6, Bily further discloses (Fig. 9A-9B) wherein a plurality of bias lines (950) are formed on the top of the variable metasurface unit (920), and one end of each bias line is connected to each unit radiator through the via hole (922 via hole). Regarding claim 7, Bily further discloses (Fig. 9A-9B) wherein a portion of each bias line (950) connected to each unit radiator (920) through the via hole (922 via hole) is formed perpendicular to a virtual direction line of each unit radiator (920). Regarding claim 8, Bily further discloses (Fig. 9A-9B) wherein the virtual direction line is a virtual line connecting the center of the variable metasurface unit (920) and the via hole (922 via hole)of each unit radiator. Regarding claim 9, Bily further discloses (Fig. 9A-9B) wherein the other end of each bias line (950) is connected to a connector (940) applying an electrical signal, and whether each unit radiator is activated is determined by the electrical signal applied through the bias line ([0042]). Regarding claim 14, Bily discloses (Fig. 1, 5, and 13) A reconfigurable metasurface antenna (100), comprising: a power feeding unit (108) receiving and propagating electromagnetic waves in a form of a concentric wave; and a variable metasurface unit (104, 500) positioned at an upper part of the power feeding unit, and having a plurality of unit radiators (102, 510), in which beam steering of the electromagnetic waves varies according to a combination of activated unit radiators among the plurality of unit radiators ([0022]), wherein each of the plurality of unit radiators includes at least one active electronic device (1304), and whether each unit radiator is activated is determined by the active electronic device ([0046]). 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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Medhipour in view of Yanagihara et al. (US PGPUB 2011/0298676 A1), hereinafter known as Yanagihara. Regarding claim 10, Medhipour does not specifically teach wherein locations of the plurality of unit radiators are determined by following equation: x =   √ i × ( r a t i o ) × λ 0 × cos ⁡ ( a g × i ) y =   √ i × ( r a t i o ) × λ 0 × sin ⁡ ( a g × i ) wherein, i represents index of each unit radiator, ag represents a golden angle ( π 3 - 5 ≈ 137.5 ˚ ), λ0 represents a center frequency wavelength, ratio represents a ratio to a spacing distance between each unit radiator. However, Yanagihara teaches (Fig. 8) wherein locations of the plurality of unit radiators are determined by following equation: x =   √ i × ( r a t i o ) × λ 0 × cos ⁡ ( a g × i ) y =   √ i × ( r a t i o ) × λ 0 × sin ⁡ ( a g × i ) wherein, i represents index of each unit radiator, ag represents a golden angle ( π 3 - 5 ≈ 137.5 ˚ ), λ0 represents a center frequency wavelength, ratio represents a ratio to a spacing distance between each unit radiator ([0069], golden angle corresponds to Fibonacci sequence angle). 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 reconfigurable metasurface antenna of Medhipour with Yanagihara to include “wherein locations of the plurality of unit radiators are determined by following equation: x =   √ i × ( r a t i o ) × λ 0 × cos ⁡ ( a g × i ) y =   √ i × ( r a t i o ) × λ 0 × sin ⁡ ( a g × i ) wherein, i represents index of each unit radiator, ag represents a golden angle ( π 3 - 5 ≈ 137.5 ˚ ), λ0 represents a center frequency wavelength, ratio represents a ratio to a spacing distance between each unit radiator,” as taught by Yanagihara, for the purpose of reducing grating lobes (see also [0069]). It would have been obvious to one having ordinary skill in the art at the time the invention was made to “wherein locations of the plurality of unit radiators are determined by following equation: x =   √ i × ( r a t i o ) × λ 0 × cos ⁡ ( a g × i ) y =   √ i × ( r a t i o ) × λ 0 × sin ⁡ ( a g × i ) wherein, i represents index of each unit radiator, ag represents a golden angle ( π 3 - 5 ≈ 137.5 ˚ ), λ0 represents a center frequency wavelength, ratio represents a ratio to a spacing distance between each unit radiator”, since it has been held that rearranging parts on an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. 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, Dimary Lopez can be reached at (571) 270-7893. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of 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

Jun 12, 2024
Application Filed
Jan 07, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+21.3%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 162 resolved cases by this examiner. Grant probability derived from career allow rate.

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