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 amendment filed 01/30/2026 has been entered. Claims 1-5 and 7-10 are currently pending. Amendments to the claims have overcome the claim objections and 112(b) rejections set forth in the Non-Final Office Action dated 11/18/2025.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US 2022/0285834 – of record; “Wu) in view of Rawnick et al. (US 2003/0214437 – of record; “Rawnick”), and further in view of Sudo (US 2022/0045428).
Claim 1: Wu discloses (figs. 6 & 7 shown below) “A dual-polarized patch antenna (30) (¶62, “When using positive antenna feed terminal 50A, antenna 30 may transmit and/or receive radio-frequency signals with a first polarization (e.g., a first linear polarization). When using positive antenna feed terminal 50B, antenna 30 may transmit and/or receive radio-frequency signals with a second polarization (e.g., a second linear polarization). The second polarization may be orthogonal to the first polarization”), comprising:
a radiator layer (72) including an insulation substrate that has a top surface and a bottom surface on opposite sides of said insulation substrate (¶74, “Substrate 70 may include multiple stacked dielectric layers 72 (e.g., layers of printed circuit board substrate, layers of fiberglass-filled epoxy, layers of polyimide, layers of ceramic substrate, or layers of other dielectric materials)”, every layer in the antenna therefore has a top surface and a bottom surface),
a base patch (¶64, patch element 58) including an electrically conductive material and being disposed on said bottom surface, and
a top patch (parasitic patch 68) including an electrically conductive material and being disposed on said top surface and spaced apart from said base patch by a patch distance along a direction from said top surface to said bottom surface (¶64, “Patch element 58 may, for example, be formed from conductive traces patterned onto a first layer of a dielectric substrate whereas parasitic patch 68 is formed from conductive traces patterned onto a second layer of the dielectric substrate (e.g., where the first and second layers are vertically stacked on top of each other in the direction of the Z-axis of FIG. 6)”),
said top patch (68) further including a center portion aligned with said base patch (fig. 7, the center of top patch 68 is aligned with the center of base patch 58, therefore the center portion of 68 is aligned with the base patch 58), and a portion encircling and being spaced apart from said center portion (four segmented portions 64 surround top patch 68);
at least one middle layer (additional layer 72) disposed below said radiator layer (72);
a ground plane layer (ground traces 74) disposed below said at least one middle layer (additional layer 72) to provide a reference potential (¶76, “Antenna 30 may have an antenna ground that includes ground traces 74 (e.g., a ground plane for antenna 30)”); and
a feed layer (signal traces 80 in/on one of additional layers 72) disposed below said ground plane layer (74), and including a feed substrate (72), two feed lines (signal traces 80), and two conductor rods (conductive via 78) (¶62, “Antenna 30 may be provided with multiple antenna feeds. As shown in FIG. 6, antenna 30 may include a first antenna feed having positive antenna feed terminal 50A and may include a second antenna feed having positive antenna feed terminal 50B. Positive antenna feed terminals 50A and 50B may be coupled to transceiver circuitry 42 (FIG. 5) using respective radio-frequency transmission line paths 32, for example. Positive antenna feed terminals 50A and 50B may be coupled to patch element 58.”),
wherein said feed substrate (one of layers 72) has a top side attached to said ground plane layer (layer containing ground plane traces 74) and a bottom side opposite to said top side, said two feed lines (80) are disposed on said bottom side of said feed substrate (¶77, “signal traces may be patterned on one or more layers 72 in substrate 70”, therefore feed lines can be disposed on a bottom side of feed substrate 72)”.
Wu does not explicitly disclose “an annular portion; wherein at least one middle layer is a metal structure; and said two feed lines are substantially perpendicular to each other for feeding electrical signals”.
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Regarding the annular portion, Wu does teach (¶68) that the example shown in fig. 6 is merely illustrative and, if desired, “parasitic patches 64 may have other non-square rectangular shapes or any other desired shapes having any desired number of straight and/or curved edges”.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide an annular portion, as taught in para. 68 of Wu. Doing so allows for an antenna with a relatively small footprint and allows for the antenna in an array to be minimally coupled to the other antennas of the array (¶abstract of Wu).
Regarding the feed lines, although Wu does not explicitly disclose the feed lines are substantially perpendicular to each other, Wu does disclose that the feed terminals 50A and 50B are diagonally-oriented to one another which allows for the antenna 30 to be feed using horizontal and vertically polarized signals (¶73).
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Rawnick teaches (fig. 1 above) a dual-polarized stacked patch antenna having feed lines (40 and 40a) which are substantially perpendicular to each other.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to apply the teachings of Rawnick to the dual-polarized patch antenna of Wu, wherein the feed lines are substantially perpendicular to each other. Doing so allows for the feed lines to be configured to provide dual polarization and minimize coupling between the two feed lines (¶7 of Rawnick).
Regarding wherein at least one middle layer is a metal structure, Sudo teaches (fig. 11 below) a patch antenna (antenna module 100D), comprising a radiator layer (dielectric substrate 130, ¶37, “dielectric substrate may be a multilayer resin substrate formed by stacking a plurality of resin layers made of a liquid crystal polymer”), a base patch (element 121), a top patch (unfed element 123) and at least one middle layer disposed below the radiator layer (section of 130 below 121), a ground plane layer disposed below said at least one middle layer (GND1); and a feed layer disposed below said ground plane layer (feed via RFIC 110), and including two feed lines (141, 142). At least one middle layer (¶74) is a metal structure (GND2 is a ground layer and is therefore a metal structure).
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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 dual-polarized patch antenna of Wu in view of Rawnick, wherein at least one middle layer is a metal structure, as taught by Sudo. Providing an additional ground layer helps to provide mechanical stability to the patch antenna and for improved isolation between the antenna feed and the radiating patches.
Claim 2: the modified Wu teaches the dual-polarized patch antenna as claimed in claim 1.
The modified Wu teaches (figs. 6 & 7 of Wu) “wherein said annular portion of said top patch (68) includes a plurality of segments (64), any adjacent two of which are separated by a spacing; and wherein said annular portion (64) is spaced apart from said center portion (68) along a radial distance by a void (respective gaps 62)”.
Wu does not explicitly disclose “wherein said annular portion is spaced apart from said center portion along a radial distance by a void, G, and wherein the ratio of the spacing to the void fulfils a formula
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where Dk is a dielectric coefficient of said insulation substrate; wherein both said center portion of said top patch and said base patch are circular in shape”.
However, Wu does teach (¶68) that the segments (parasitic patches 64) may vary in their length and shape. Wu also teaches that the gaps (62) between the segments (64) and center portion of top patch (68) may help to mitigate the trapping of RF energy between the segments (64) and the center portion of the top patch (68).
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 dual-polarized patch antenna of Wu in view of Rawnick and Sudo, wherein said annular portion is spaced apart from said center portion along a radial distance by a void, G, and wherein the ratio of the spacing to the void fulfils a formula
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, where Dk is a dielectric coefficient of said insulation substrate. Doing so allows for the antenna to be designed to meet desired user characteristics while allowing the user to design the annular portion to mitigate the trapping of RF energy between the annular portion and the center portion of the top patch.
Furthermore, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Wu does not explicitly disclose “wherein both said center portion of said top patch and said base patch are circular in shape”.
However, Wu teaches (¶61) “In general, patch element 58 may be formed in any desired shape having any desired number of straight and/or curved edges.” And, “If desired, parasitic patch 68 may have a non-square rectangular shape or any other desired shape having any desired number of straight and/or curved edges (¶66)”.
Rawnick teaches (fig. 1 and ¶29) a passive patch (¶29, passive patch antenna element 20) and a fed patch (¶29, active patch antenna element 10), spaced by a dielectric (insulating spacer layer 22), that are circular in shape.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to apply the teachings of Rawnick to the dual-polarized patch antenna of Wu in view of Rawnick and Sudo, wherein both said center portion of said top patch and said base patch are circular in shape. Doing so allows for an antenna which provides a good balance of gain and directivity, as well as easier placement of feed probes.
Claim 3: the modified Wu teaches the dual-polarized patch antenna as claimed in claim 2.
The modified Wu teaches (fig. 6) “wherein said plurality of segments include four segments (64), and said annular portion is divided into said four segments by four spacings”.
Claim 4: the modified Wu teaches the dual-polarized patch antenna as claimed in claim 3.
Wu does not explicitly disclose “wherein each of said four spacings ranges from 0.045λ to 0.050λ, where λ represents a wavelength of a signal of said dual-polarized patch antenna”.
However, Wu does teach (¶66 & ¶68) that the segments (parasitic patches 64) may vary in their length, and in their shape. Wu also teaches (¶66) that the segments can be of length (L2) which can be less than the length (L1) of the base patch. The length L1 of the base patch (58) may be selected to be approximately equal to half of the wavelength of the signals conveyed by antenna 30 (¶61). Therefore, the length of the segments and their spacing, may be related to the wavelength of a signal of the dual-polarized patch antenna and thus variable.
Therefore, 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 dual-polarized patch antenna of Wu in view of Rawnick and Sudo, wherein each of said four spacings ranges from 0.045λ to 0.050λ, where λ represents a wavelength of a signal of said dual-polarized patch antenna. Doing so allows for the antenna to be designed to meet desired user characteristics.
Furthermore, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim 5: the modified Wu teaches the dual-polarized patch antenna as claimed in claim 4.
The modified Wu does not explicitly teach “wherein each of said four segments of said annular portion has a width ranging from 0.030λ to 0.040λ and a length ranging from 0.40λ to 0.50λ”.
However, Wu does teach (¶66 & ¶68) that the segments (parasitic patches 64) may vary in their length, and in their shape (¶68, “If desired, parasitic patches 64 may have other non-square rectangular shapes or any other desired shapes having any desired number of straight and/or curved edges.”). Wu also teaches (¶66) that the segments can be of length (L2) which can be less than the length (L1) of the base patch. The length L1 of the base patch (58) may be selected to be approximately equal to half of the wavelength of the signals conveyed by antenna 30 (¶61). Therefore, the length of the segments may be related to the wavelength of a signal of the dual-polarized patch antenna. If the segments are rectangular, as shown in fig. 6, then their width will be less than their length.
Therefore, 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 dual-polarized patch antenna of Wu in view of Rawnick and Sudo, wherein each of said four segments of said annular portion has a width ranging from 0.030λ to 0.040λ and a length ranging from 0.40λ to 0.50λ. Doing so allows for the antenna to be designed to meet desired user characteristics.
Furthermore, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim 7: the modified Wu discloses the dual-polarized patch antenna as claimed in claim 1.
Wu discloses “wherein said center portion serves as a radiating component (¶64, “a parasitic antenna resonating element such as parasitic patch 68”)”.
Wu does not disclose “allowing said dual-polarized patch antenna to operate within a frequency range of 26 GHz to 30 GHz”. However, Wu does teach (¶61) “Patch element 58 may have edges (sides) 66. The length of edges 66 may be selected so that antenna 30 resonates (radiates) at desired operating frequencies”.
Therefore, 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 antenna of Wu in view of Rawnick and Sudo, wherein the dual-polarized patch antenna operates within a frequency range of 26 GHz to 30 GHz. Doing so allows the antenna to operate at the desired operating frequency.
Claim 8: the modified Wu discloses the dual-polarized patch antenna as claimed in claim 1.
Wu does not disclose “wherein said insulation substrate includes a liquid-crystal polymer (LCP) material.”
However, Wu does disclose (¶74) that the insulation substrate (dielectric substrate 70) may be a rigid or printed circuit board or another dielectric substrate.
Sudo teaches “wherein said insulation substrate includes a liquid-crystal polymer (LCP) material (¶37, “dielectric substrate may be a multilayer resin substrate formed by stacking a plurality of resin layers made of a liquid crystal polymer”)”.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to apply the teachings of Sudo to the dual-polarized patch antenna of Wu in view of Rawnick and Sudo, wherein said insulation substrate includes a liquid-crystal polymer (LCP) material. Doing so allows for a dielectric with a lower dielectric constant which leads to less signal loss at higher frequencies.
Claim 9: the modified Wu discloses the dual-polarized patch antenna as claimed in claim 1.
Wu does not explicitly disclose “wherein each of said electrically conductive material of said base patch and said electrically conductive material of said top patch includes a metal”.
However, Wu does disclose (¶60) “patch element 58 may be formed from conductive traces”.
Rawnick teaches “wherein each of said electrically conductive material of said base patch and said electrically conductive material of said top patch includes a metal (¶9, “The active and parasitic patch antenna elements are formed of a metallic material, such as a foil disk for the parasitic patch antenna element.”)”.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to apply the teachings of Rawnick to the dual-polarized patch antenna of Wu in view of Rawnick and Sudo, wherein each of said electrically conductive material of said base patch and said electrically conductive material of said top patch includes a metal. Doing so leads to more rugged patch antennas which make them suitable for use in harsh environments.
Claim 10: the modified Wu discloses the dual-polarized patch antenna as claimed in claim 1.
Wu discloses “wherein said at least one middle layer includes two middle layers (¶74, “Substrate 70 may include multiple stacked dielectric layers 72 (e.g., layers of printed circuit board substrate, layers of fiberglass-filled epoxy, layers of polyimide, layers of ceramic substrate, or layers of other dielectric materials).”)”.
Response to Arguments
Applicant’s arguments with respect to the claims are moot in view of the new grounds of rejection necessitated by Applicant’s amendment of claim 1.
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 ANNA N HAMADYK whose telephone number is (703)756-1672. The examiner can normally be reached 7:30 am - 5:00 pm.
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/ANNA N HAMADYK/Examiner, Art Unit 2845
/DIMARY S LOPEZ CRUZ/Supervisory Patent Examiner, Art Unit 2845