Prosecution Insights
Last updated: July 17, 2026
Application No. 18/809,799

PLANAR ANTENNA AND ANTENNA DEVICE

Non-Final OA §102§103§112
Filed
Aug 20, 2024
Priority
Sep 09, 2023 — JP 2023-150692
Examiner
ALKASSIM JR, AB SALAM
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NEC Corporation
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
327 granted / 427 resolved
+8.6% vs TC avg
Strong +22% interview lift
Without
With
+21.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
16 currently pending
Career history
446
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
87.3%
+47.3% vs TC avg
§102
1.9%
-38.1% vs TC avg
§112
8.5%
-31.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 427 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 . Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 09/09/2023. It is noted, however, that applicant has not filed a certified copy of the JP2023-150692 application as required by 37 CFR 1.55. Drawings Figures 8-10 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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. 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 “a second signal line extending from above a second end of the phase shifter to the patch antenna … and the second signal line is connected to the second end of the phase shifter by electromagnetic coupling” from claim 3 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 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 1-2, 6-7, and 9-10 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. Claims 1-2, 6-7, and 9-10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements, and omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted elements and structural cooperative relationships are: “the signal line includes a first signal line extending from a signal source to above a first end of the phase shifter and a second signal line extending from above a second end of the phase shifter to the patch antenna, and wherein the first signal line is connected to the first end of the phase shifter by electromagnetic coupling, and the second signal line is connected to the second end of the phase shifter by electromagnetic coupling” as recited in claim 3. Paragraphs [0004] discusses prior art and how the characteristic impedance of the signal line may fluctuate which is not desired, and paragraph [0005] states “An object of the present disclosure is to provide a planar antenna and an antenna device in which fluctuations in characteristic impedance in a signal line is suppressed.” In each of the drawn embodiments, and as explained in paragraphs [0029]-[0030], [0040], [0048], and [0051], the disclosed invention uses signal source that is connected to first signal line, which is then electromagnetically coupled to a first end of a phase shifter that is placed on another plane that provides a phase shift, and then another end of that phase shifter is electromagnetically coupled to a second signal line which is then connected to a patch antenna. This is different in comparison to the prior art and the comparative examples of figures 8-10, where the phase shifter and the signal lines are on the same plane. The use of the two signal lines and how they are electromagnetically coupled to the phase shifter as recited in claim 3 is what allows for prevention of that interference and fluctuation of the characteristic impedance in signal lines as explained in paragraph [0065], [0067], [0075]-[0076], [0089], [0093], and is deemed essential to the claimed invention. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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 person shall be entitled to a patent unless – (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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Zhu et al. (US 2022/0224006, hereby referred as Zhu). Regarding claim 1, as best understood, Zhu teaches the following: a planar antenna comprising: an antenna array in which a plurality of patch antennas (elements 41, figures 1-2) are disposed in a two-dimensional array; a substrate (element 12, figures 1-2) on which a phase shifter layer including a phase shifter (element 40, figures 1-2) associated with each of the plurality of patch antennas and wiring (elements 38, figures 1-2) used for controlling the phase shifter is formed; a signal line (element 42, figures 1-2) that is disposed on the same plane as the antenna array and through which a communication signal propagates (as shown in figures 1-2); and a ground layer (element 39, figures 1-2) disposed between the phase shifter layer and the signal line, and having a slot (elements 391, figures 1-2) formed at least between the signal line and the phase shifter. Regarding claim 2, as best understood, Zhu as referred in claim 1 teaches the following: Wherein the ground layer (element 39, figures 1-2) has the slot (element 391, figures 1-2) above the phase shifter (element 40, figures 1-2), and the signal line (element 42, figures 1-2) and the phase shifter (element 40, figures 1-2) are connected by electromagnetic coupling via the slot (paragraphs [0132] and [0134]). Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Warnick et al. (US 2013/0187830, hereby referred as Warnick). Regarding claim 1, as best understood, Warnick teaches the following: a planar antenna comprising: an antenna array in which a plurality of patch antennas (elements 106, figures 1-3) are disposed in a two-dimensional array; a substrate (element 316 is an integrated circuit which would have a substrate, figure 3) on which a phase shifter layer including a phase shifter (elements 316, figures 3, paragraphs [0046], [0049], [0092]) associated with each of the plurality of patch antennas and wiring (elements 314, figures 3) used for controlling the phase shifter is formed; a signal line (element 204, figures 2-3) that is disposed on the same plane as the antenna array and through which a communication signal propagates (as shown in figures 2-3); and a ground layer (element 306, figures 2-3) disposed between the phase shifter layer and the signal line, and having a slot (as shown in figures 3) formed at least between the signal line and the phase shifter. Regarding claim 6, as best understood, Warnick as referred in claim 1 teaches the following: further comprising: a first insulating layer (element 302, figures 3) having an upper face on which the signal line and the patch antenna are disposed, and a lower face on which the ground layer is disposed (as shown in figures 3); a second insulating layer (element 312a, figures 3) having an upper face on which the ground layer is disposed and a lower face with which an upper face of the phase shifter layer is in contact (as shown in figures 3). 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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Warnick et al. (US 2013/0187830, hereby referred as Warnick). Regarding claim 6, as best understood, Warnick as referred in claim 1 teaches the planar antenna with the exception for the following: wherein a ground plate is disposed on a lower face of the substrate. However, the substrate is an integrated circuit (paragraph [0092]) and it is well-known that integrated circuits have ground plates to act as a return path for the power supply. It would have been obvious to one of ordinary skill in the art before the effective filing date to have the planar antenna of Warnick to include a ground plate is disposed on a lower face of the substrate as integrated circuit substrates are known to have ground plates to act as a return path for the power supply of the integrated circuit, which can help reduce noise and provide stable operation. Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 2022/0224006, hereby referred as Zhu) in view of Marumoto et al. (US 6556168, hereby referred as Marumoto). Regarding claim 9, as best understood, Zhu as referred in claim 1 teaches the following: an antenna device (figures 1-2) comprising: the planar antenna according to claim 1 (as explained in claim 1); a signal source connected to the signal line included in the planar antenna (as shown in figures 1-2, paragraph [0136]). Zhu does not teach a matrix circuit in which a plurality of thin film transistors connected to wiring included in the planar antenna is disposed in a two-dimensional array; a drive circuit that drives the thin film transistor included in the matrix circuit; and a control circuit that drives the drive circuit in accordance with a control signal. Marumoto suggests the teachings of a matrix circuit (element 14, figures 1-4, 15A-B) in which a plurality of thin film transistors connected to wiring included in the planar antenna is disposed in a two-dimensional array (as shown in figures 1-4 and 9; column 11, lines 8-11); a drive circuit (element 12X, figures 1-4, 15A-B) that drives the thin film transistor included in the matrix circuit; and a control circuit (element 11, figures 1-4, 15A-B) that drives the drive circuit in accordance with a control signal (as shown in figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date to have the antenna device of Zhu to include a matrix circuit in which a plurality of thin film transistors connected to wiring included in the planar antenna is disposed in a two-dimensional array; a drive circuit that drives the thin film transistor included in the matrix circuit; and a control circuit that drives the drive circuit in accordance with a control signal as suggested by the teachings of Marumoto in order to reduce the area occupied by these circuit components used to control the phase shifters (column 2, lines 63-64). Regarding claim 10, as best understood, the combination of Zhu and Marumoto as referred in claim 9 teaches the following: the control circuit causes the plurality of patch antennas included in the planar antenna to transmit a radio wave having directivity from the antenna array configured by the plurality of patch antennas (Marumoto, column 4, lines 51-53). Allowable Subject Matter Claims 3-5 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AB SALAM ALKASSIM JR whose telephone number is (571)270-0449. The examiner can normally be reached Monday-Thursday. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dameon Levi can be reached at (571) 272-2105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AB SALAM ALKASSIM JR/Primary Examiner, Art Unit 2845
Read full office action

Prosecution Timeline

Aug 20, 2024
Application Filed
Apr 28, 2026
Non-Final Rejection mailed — §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
77%
Grant Probability
98%
With Interview (+21.7%)
2y 7m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 427 resolved cases by this examiner. Grant probability derived from career allowance rate.

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