Prosecution Insights
Last updated: October 04, 2026
Application No. 19/010,344

NON-BROADSIDE BEAM ANTENNA WITH PHASE VARIABILITY

Non-Final OA §103§112
Filed
Jan 06, 2025
Priority
Jan 19, 2024 — provisional 63/622,718
Examiner
RIDDER, CLAYTON PAUL
Art Unit
Tech Center
Assignee
Dr John Howard
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
21 granted / 31 resolved
+7.7% vs TC avg
Strong +25% interview lift
Without
With
+25.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
39 currently pending
Career history
83
Total Applications
across all art units

Statute-Specific Performance

§101
11.1%
-28.9% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
17.1%
-22.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 31 resolved cases

Office Action

§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 . 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. 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 1-20 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. Regarding claim 1, it is not clear of what encompasses and is meant by the limitation “such that by the first and second sets of radiating elements is tapered.” As claimed the limitation is excessively broad in nature and the meets and bounds of the claimed “sets of radiating elements is tapered” cannot be ascertained by one skilled in the art. It is unclear what the limitation explicitly indicates is tapered. As claimed the limitation suggest that either the radiating elements are tapered or the transmitted first signal is tapered. Review of the specification reveals at page 8 lines 1-4 “the polypod antenna 100 transmits a tapered signal via the sets of radiating elements 120a-b and 120e-f as a result of the attenuation performed by the attenuators 130.” It is suggested applicant amend the claims to be consistent with the disclosed “tapered signal.” Regarding claim 1 and similarly claims 10 and 16, it is not clear of what encompasses and is meant by the limitation “the antenna providing uniform non-tapered reception of the first electromagnetic signal and tapered transmission of the second electromagnetic signal.” As claimed the limitation is excessively broad in nature and the meets and bounds of the claimed “reception of the first electromagnetic signal and tapered transmission of the second electromagnetic signal” cannot be ascertained by one skilled in the art. The claim previously indicates that a first electromatic signal is transmitted using a first set of radiating elements and a second electromagnetic signal is received using a second set of radiating elements. The claimed “ uniform non-tapered reception of the first electromagnetic signal and tapered transmission of the second electromagnetic signal” contradicts the preceding limitation regarding each signals respective transmission or reception. Review of the specification reveals at page 8 lines 1-7 “Accordingly, the polypod antenna 100 transmits a tapered signal via the sets of radiating elements 120a-b and 120e-f as a result of the attenuation performed by the attenuators 130. During reception, however, because there are sets of multiple radiating elements 120a-b and 120e-f for each attenuated connecting feed line 112 and 118, where each set can aggregate the signals, the attenuation is compensated.” It is suggested applicant amend the claims to be consistent with the disclosed first and second electromagnetic signals. For examination purposes the limitation will be interpreted to refer to a first electromatic signal that is transmitted using a first set of radiating elements and a second electromagnetic signal that is received using a second set of radiating elements Regarding claim 1 and similarly claims 10 and 16, it is not clear of what encompasses and is meant by the limitation “thereby enabling at least one of reception and transmission of non-zero mode and non-broadband electromagnetic signals.” As claimed the limitation is excessively broad in nature and the meets and bounds of the claimed “non-zero mode” cannot be ascertained by one skilled in the art. The term “non-zero mode” by itself lacks sufficient context or structure to clearly define what is meant by the term. A “non-zero mode” may refer to signal filtering steps, radio frequency hardware settings, or properties of the electromagnet field. Review of the specification reveals at page 9 lines 1-3 “The type of power divider shown in Figure 1 has no phase variation, and is thus limited to being used with beamformers that have a zero mode or broadside beam;” however, the Examiner cannot find explicit clarification regarding the term. It is suggested applicant amend the claims to be consistent with the disclosed non-zero mode. Regarding claim 1 and similarly claims 10 and 16, it is not clear of what encompasses and is meant by the limitation “a phase shifter […] thereby enabling at least one of reception and transmission of […] non-broadband electromagnetic signals.” As claimed the limitation is excessively broad in nature and the meets and bounds of the claimed “non-broadband electromagnetic signals” cannot be ascertained by one skilled in the art. It is unclear how the presence of a single phase shifter may be configured to narrow the range of transmitted frequencies. Review of the specification reveals at page 9 lines 20-21 “beamformers that incorporate a non-zero mode or non-broadside beam;” however, the Examiner cannot find any reference to broadband, narrowband, non-broadband, or bandwidth. It is suggested applicant amend the claims to be consistent with the disclosed phase shifter. Regarding claim 6 and similarly claims 5, and 15, it is not clear of what encompasses and is meant by the limitation “wherein the third power level is substantially equal to the first power level.” As claimed the limitation is excessively broad in nature and the meets and bounds of the claimed “substantially” cannot be ascertained by one skilled in the art. The term “substantially” is relative terminology in the form of a term of degree as defined by MPEP 2173.05(b)(I). Review of the specification reveals at page 2 lines 7-10 “The antenna is configured to attenuate the aggregated signal to form an attenuated electromagnetic signal having a third power level to facilitate uniform reception of the second electromagnetic signal and tapered transmission;” however, the Examiner cannot find a scale or standard for determining what is “substantially equal.” As the claim recites relative terminology without a supporting standard for measuring the degrees intended, the claim is rendered indefinite. Regarding claim 17, it is not clear of what encompasses and is meant by the limitation “N-way phase shifter.” As claimed the term is excessively broad in nature and the meets and bounds of the claimed “N-way phase shifter” cannot be ascertained by one skilled in the art. The claimed “N-way phase shifter” is not a common term in the art is not clearly defined. Without an explicit definition, the term may be interpreted to refer to a phase shifter capable of forward and backwards shifting a signals phase, a phase shifter capable of shifting a plurality of signals phases simultaneously, a phase shifter configured to produce a discrete number of possible phase shifts, or a phase shifter comprising a plurality of discrete parallel signal paths. Review of the specification reveals at page 9 lines 15-17 “It is to be noted that the phases of the N-way phase shifters are arbitrary and depend on the direction of the beams desired to be configured in any particular implementation;” however, the Examiner cannot find further clarification on the term. For examination purposes the term will be interpreted to refer to a phase shifter capable of producing n possible phase shifts in a particular signal. Regarding claim 18, it is not clear of what encompasses and is meant by the limitation “the aggregated electromagnetic signal has a power level that is a multiple of a power level of the guided electromagnetic signal.” As claimed the term is excessively broad in nature and the meets and bounds of the claimed “a power level that is a multiple of a power level” cannot be ascertained by one skilled in the art. Claim 16, of which claim 18 depends from, discloses that the aggregated electromagnetic signal has a second power level that is a multiple of the first power level. It is unclear if the “a power level” of claim 18 differs from the second power level of claim 16. Review of the specification reveals at page 2 lines 19-20 “an aggregated electromagnetic signal having a second power level that is a multiple of the first power level;” however, the Examiner cannot find clarification regarding the newly introduced power level. For examination purposes the term will be interpreted to refer to the second power level. Claims 2-9, 11-15, and 17-20 are also rejected based on their dependency of the defected parent claim(s). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Howard(US 20090061789 A1) in view of Schantz(US 20160039340 A1) Regarding claim 1, Howard discloses A device configure to transmit and receive electromagnetic signals (“a device for transmitting and receiving electromagnetic signals” [0006]) comprising: an antenna configured to transmit a first electromagnetic signal at full power using a first set of radiating elements (“a first electromagnetic signal at full power via a first set of radiating elements “ [0006]) and to transmit the first electromagnetic signal at an attenuated power using a second set of radiating elements (“transmit the first electromagnetic signal at an attenuated power via a second set of radiating elements” [0006]) such that by the first and second sets of radiating elements is tapered (“Attenuators 130' and 130'' attenuate the sets of radiating elements 120a-b and 120e-f, respectively, to provide tapered guided electromagnetic signals passing to the sets of radiating elements 120a-b and 120e-f “ [0016]) and at least one side lobe level associated with transmission of the first electromagnetic signal is decreased (“decrease side lobes associated with the transmission of the first electromagnetic signal” [0006]), the antenna configured to receive a second electromagnetic signal from a first radiating element of the second set of radiating elements, the second electromagnetic signal having an associated first power level (“The antenna is configured to receive a second electromagnetic signal having an associated first power level via the second set of radiating elements” [0006]), the antenna being configured to form an aggregated electromagnetic signal having a second power level that is a multiple of the first power level (“form an aggregated electromagnetic signal having a second power level that is a multiple of the first power level” [0006]), the aggregated electromagnetic signal comprising the second electromagnetic signal aggregated with at least one additional electromagnetic signal received by a second radiation element of the second set of radiating elements (“The free space electromagnetic signal received by the radiating elements 120a-b is converted into a guided electromagnetic signal that is guided through the power manipulation unit 140', where the electromagnetic signals from each of the radiating element 120a-b are combined” [0020]), the antenna configured to attenuate the aggregated signal to form an attenuated electromagnetic signal having a third power level (“The antenna is configured to attenuate the aggregated signal to form an attenuated electromagnetic signal having a third power level “ [0006]), the second power level being a multiple of the first power level (“ second power level that is a multiple of the first power level “ [0006]), the multiple compensating for the attenuation such that the third power level is equal to the first power level (“ the third power level is substantially equal to the first power level.” [CLM 6]), the antenna providing uniform non-tapered reception of the first electromagnetic signal (“The polypod antennas achieve […] non-tapered reception” [0012]) and tapered transmission of the second electromagnetic signal (“ The attenuation applied to sets of radiating elements 120a-b and 120e-f can preferably have the effect of decreasing the sidelobes of the overall antenna 100 during transmission, which is referred to herein as ‘tapered transmission’” [0012] & “Attenuators 130' and 130'' attenuate the sets of radiating elements 120a-b and 120e-f, respectively, to provide tapered guided electromagnetic signals passing to the sets of radiating elements 120a-b and 120e-f “ [0016]); Howard does not appear to explicitly disclose the use of a phase shifter. Schantz discloses, a phase shifter configured to be operatively coupled between (1) a transceiver and (2) at least one of the radiating elements in at least one of the first set of radiating elements and the second set of radiating elements (FIG.6A, Part.605), thereby enabling at least one of reception and transmission of non-zero mode and non-broadband electromagnetic signals (“FIG. 6E displays an end-fire phase pattern for the two element directional electrically-small antenna array 620. The end fire phase condition phases the elements almost out of phase with each other, but offset by the phase distance corresponding to the distance between the elements so as to achieve a cancellation in a particular angle of arrival.” [0087]). Howard teaches in the same field of human body security scanning. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Howard with the teachings of Schantz to incorporate the features of a phase shifter so as to gain the advantage of increasing beam width. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143). Regarding claim 2, Howard as modified by Schantz discloses all the limitations of claim 1. Howard discloses wherein, the multiple is based on a quantity of radiating elements in the second set of radiating elements (“During reception, however, because there are sets of multiple radiating elements 120a-b and 120e-f for each attenuated connecting feed line 112 and 118, where each set can aggregate the signals, the attenuation compensated.” [0022] & “the multiple is based on a number of radiating elements in the second set.” [CLAIM 2]). Regarding claim 3, Howard as modified by Schantz discloses all the limitations of claim 1. Howard discloses wherein, the multiple is equal to a quantity of radiating elements in the second set of radiating elements (“During reception, however, because there are sets of multiple radiating elements 120a-b and 120e-f for each attenuated connecting feed line 112 and 118, where each set can aggregate the signals, the attenuation compensated.” [0022] & “the multiple is equal to the number of radiating elements in the second set of radiating elements.” [CLAIM 3]). Regarding claim 4, Howard as modified by Schantz discloses all the limitations of claim 1. Howard discloses wherein, the third power level associated with the attenuated electromagnetic signal is a factor of the second power level associated with the aggregated electromagnetic signal (“ the third power level of the attenuated electromagnetic signal is a factor of second power level” [CLAIM 4]). Regarding claim 5, Howard as modified by Schantz discloses all the limitations of claim 1. Howard discloses wherein, the third power level is substantially equal to a quotient of the second power level divided by a quantity of radiating elements in the second set of radiating elements (“the third power level is substantially equal to the quotient of the second power level divided by a number of radiating elements in the second set”[CLAIM 5]). Regarding claim 6, Howard as modified by Schantz discloses all the limitations of claim 1. Howard discloses wherein, the third power level is substantially equal to the first power level (“ the third power level is substantially equal to the first power level.” [CLM 6]). Regarding claim 7, Howard as modified by Schantz discloses all the limitations of claim 1. Howard discloses wherein, the second set of radiating elements includes at least two radiating elements and the second power level is approximately twice the first power level (“the second set of radiating elements includes at least two radiating elements and the second power level is about twice that of the first power level” [CLAIM 7]). Regarding claim 8, Howard as modified by Schantz discloses all the limitations of claim 1. Howard discloses wherein, the transceiver is configured to transmit and receive the first and second electromagnetic signals using the first and second sets of radiating elements (“The transceiver 110 is preferably adapted to transmit and/or receive electromagnetic signals via the radiating elements 120a-f.” [0014] & “a first electromagnetic signal at full power via a first set of radiating elements “ [0006] &“The antenna is configured to receive a second electromagnetic signal having an associated first power level via the second set of radiating elements” [0006]). Regarding claim 9, Howard as modified by Schantz discloses all the limitations of claim 1. Howard discloses wherein, the second set of radiating elements is operatively coupled to the transceiver through a power manipulation unit and an attenuator (FIG.1, Parts. 110, 120e, 130, & 140 & “The sets of side radiating elements 120a-b and 120e-f are preferably connected to the transceiver 110 through attenuators 130 and power manipulation units 140 via connecting feed lines 112 and 118, respectively.” [0014]). Regarding claim 10, Howard discloses A method for receiving and transmitting an electromagnetic signal (“a device for transmitting and receiving electromagnetic signals” [0006]) comprising: radiating a first electromagnetic signal at full power using a first set of radiating elements (“a first electromagnetic signal at full power via a first set of radiating elements “ [0006]); radiating the first electromagnetic signal at an attenuated power using a second set of radiating elements such that transmission by the first (“transmit the first electromagnetic signal at an attenuated power via a second set of radiating elements” [0006]) and second sets of radiating elements is tapered (“Attenuators 130' and 130'' attenuate the sets of radiating elements 120a-b and 120e-f, respectively, to provide tapered guided electromagnetic signals passing to the sets of radiating elements 120a-b and 120e-f “ [0016]) and at least one side lobe associated with transmission of the first electromagnetic signal is decreased (“decrease side lobes associated with the transmission of the first electromagnetic signal” [0006]); receiving a second electromagnetic signal received from a first radiating element of the second set of radiating elements, the second electromagnetic signal having an associated first power level (“The antenna is configured to receive a second electromagnetic signal having an associated first power level via the second set of radiating elements” [0006]); forming an aggregated electromagnetic signal having a second power level that is a multiple of the first power level(“form an aggregated electromagnetic signal having a second power level that is a multiple of the first power level” [0006]), the aggregated electromagnetic signal comprising the second electromagnetic signal aggregated with at least one additional electromagnetic signal received by a second radiation element of the second set of radiating elements (“The free space electromagnetic signal received by the radiating elements 120a-b is converted into a guided electromagnetic signal that is guided through the power manipulation unit 140', where the electromagnetic signals from each of the radiating element 120a-b are combined” [0020]), attenuating the aggregated signal to form an attenuated electromagnetic signal having a third power level (“The antenna is configured to attenuate the aggregated signal to form an attenuated electromagnetic signal having a third power level “ [0006]), the second power level being a multiple of the first power level (“ second power level that is a multiple of the first power level “ [0006]), the multiple compensating for the attenuation such that the third power level is equal to the first power level (“ the third power level is substantially equal to the first power level.” [CLM 6]), the antenna providing uniform non- tapered reception of the first electromagnetic signal (“The polypod antennas achieve […] non-tapered reception” [0012]) and tapered transmission of the second electromagnetic signal (“ The attenuation applied to sets of radiating elements 120a-b and 120e-f can preferably have the effect of decreasing the sidelobes of the overall antenna 100 during transmission, which is referred to herein as ‘tapered transmission’” [0012] & “Attenuators 130' and 130'' attenuate the sets of radiating elements 120a-b and 120e-f, respectively, to provide tapered guided electromagnetic signals passing to the sets of radiating elements 120a-b and 120e-f “ [0016]); Howard does not appear to explicitly disclose the use of a phase shifter. Schantz discloses, operatively coupling a phase shifter between (1) a transceiver and (2) at least one of the radiating elements in at least one of the first set of radiating elements and the second set of radiating elements (FIG.6A, Part.605), thereby enabling at least one of reception and transmission of non-zero mode and non-broadband electromagnetic signals (“FIG. 6E displays an end-fire phase pattern for the two element directional electrically-small antenna array 620. The end fire phase condition phases the elements almost out of phase with each other, but offset by the phase distance corresponding to the distance between the elements so as to achieve a cancellation in a particular angle of arrival.” [0087]). Howard teaches in the same field of human body security scanning. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Howard with the teachings of Schantz to incorporate the features of a phase shifter so as to gain the advantage of increasing beam width. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143). Regarding claim 11, Howard as modified by Schantz discloses all the limitations of claim 10. Howard discloses wherein, the multiple is based on a quantity of radiating elements in the second set of radiating elements (“During reception, however, because there are sets of multiple radiating elements 120a-b and 120e-f for each attenuated connecting feed line 112 and 118, where each set can aggregate the signals, the attenuation compensated.” [0022] & “the multiple is based on a number of radiating elements in the second set.” [CLAIM 2]). Regarding claim 12, Howard as modified by Schantz discloses all the limitations of claim 10. Howard discloses wherein, forming an aggregated electromagnetic signal comprises multiplying a quantity of radiating elements in the second set of radiating elements by the first power level (“forming an aggregated electromagnetic signal comprises multiplying a number of radiating elements in the second set by the first power level.” [CLAIM 12]). Regarding claim 13, Howard as modified by Schantz discloses all the limitations of claim 10. Howard discloses wherein, the third power level associated with the attenuated electromagnetic signal is a factor of the second power level associated with the aggregated electromagnetic signal (“ the third power level of the attenuated electromagnetic signal is a factor of second power level” [CLAIM 4]). Regarding claim 14, Howard as modified by Schantz discloses all the limitations of claim 10. Howard discloses wherein, attenuating the aggregated signal comprises dividing the second power level by a quantity of radiating elements in the second set to form the attenuated electromagnetic signal having the third power level (“the third power level is substantially equal to the quotient of the second power level divided by a number of radiating elements in the second set”[CLAIM 5]). Regarding claim 15, Howard as modified by Schantz discloses all the limitations of claim 10. Howard discloses wherein, the third power level is substantially equal to the first power level (“ the third power level is substantially equal to the first power level.” [CLM 6]). Regarding claim 16, Howard discloses An antenna configured for tapered transmission and untapered reception (“tapered transmission and non-tapered reception” [0012])comprising: a plurality of radiating elements configured to receive an electromagnetic signal and to convert the electromagnetic signal into guided electromagnetic signals (“The antenna is configured to receive a second electromagnetic signal having an associated first power level via the second set of radiating elements” [0006]); a power divider coupled to a set of the plurality of radiating elements (“The power manipulation units 140 can include power dividers, which distribute or divide power of one or more signals between multiple radiating elements” [0013]), the power divider configured to aggregate the guided electromagnetic signals received by at least two different radiating elements of the set of the plurality of radiating elements to form an aggregated electromagnetic signal (“ power aggregator, which aggregates or multiples power of one or more signal to form a signal with amplified, intensified, or multiplied power” [0013]); an attenuator coupled to the power divider to receive the aggregated electromagnetic signal (FIG.1, Part.130), the attenuator configured to attenuate the aggregated electromagnetic signal to facilitate uniform reception (“antenna is configured to attenuate the aggregated signal to form an attenuated electromagnetic signal having a third power level to facilitate uniform reception “ [0006]), the antenna configured to transmit a first electromagnetic signal at full power using a first set of radiating elements (“a first electromagnetic signal at full power via a first set of radiating elements “ [0006])and to transmit the first electromagnetic signal at an attenuated power using a second set of radiating elements (“transmit the first electromagnetic signal at an attenuated power via a second set of radiating elements” [0006]) such that transmission by the first and second sets of radiating elements is tapered (“Attenuators 130' and 130'' attenuate the sets of radiating elements 120a-b and 120e-f, respectively, to provide tapered guided electromagnetic signals passing to the sets of radiating elements 120a-b and 120e-f “ [0016]) and at least one side lobe level associated with transmission of the first electromagnetic signal is decreased (“decrease side lobes associated with the transmission of the first electromagnetic signal” [0006]), the antenna configured to receive a second electromagnetic signal from a first radiating element of the second set of radiating elements, the second electromagnetic signal having an associated first power level (“The antenna is configured to receive a second electromagnetic signal having an associated first power level via the second set of radiating elements” [0006]), the antenna being configured to form the aggregated electromagnetic signal having a second power level that is a multiple of the first power level (“form an aggregated electromagnetic signal having a second power level that is a multiple of the first power level” [0006]), the aggregated electromagnetic signal comprising the second electromagnetic signal aggregated with at least one additional electromagnetic signal received by a second radiation element of the second set of radiating elements (“The free space electromagnetic signal received by the radiating elements 120a-b is converted into a guided electromagnetic signal that is guided through the power manipulation unit 140', where the electromagnetic signals from each of the radiating element 120a-b are combined” [0020]), the antenna configured to attenuate the aggregated signal to form an attenuated electromagnetic signal having a third power level (“The antenna is configured to attenuate the aggregated signal to form an attenuated electromagnetic signal having a third power level “ [0006]), the second power level being a multiple of the first power level (“ second power level that is a multiple of the first power level “ [0006]), the multiple compensating for the attenuation such that the third power level is equal to the first power level (“ the third power level is substantially equal to the first power level.” [CLM 6]), the antenna providing uniform non-tapered reception of the first electromagnetic signal (“The polypod antennas achieve […] non-tapered reception” [0012]) and tapered transmission of the second electromagnetic signal (“ The attenuation applied to sets of radiating elements 120a-b and 120e-f can preferably have the effect of decreasing the sidelobes of the overall antenna 100 during transmission, which is referred to herein as ‘tapered transmission’” [0012] & “Attenuators 130' and 130'' attenuate the sets of radiating elements 120a-b and 120e-f, respectively, to provide tapered guided electromagnetic signals passing to the sets of radiating elements 120a-b and 120e-f “ [0016]); Howard does not appear to explicitly disclose the use of a phase shifter. Schantz discloses, a phase shifter configured to be operatively coupled between (1) a transceiver and (2) at least one of the radiating elements in at least one of the first set of radiating elements and the second set of radiating elements (FIG.6A, Part.605), thereby enabling at least one of reception and transmission of non-zero mode and non-broadband electromagnetic signals (“FIG. 6E displays an end-fire phase pattern for the two element directional electrically-small antenna array 620. The end fire phase condition phases the elements almost out of phase with each other, but offset by the phase distance corresponding to the distance between the elements so as to achieve a cancellation in a particular angle of arrival.” [0087]). Howard teaches in the same field of human body security scanning. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Howard with the teachings of Schantz to incorporate the features of a phase shifter so as to gain the advantage of increasing beam width. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143). Regarding claim 17, Howard as modified by Schantz discloses all the limitations of claim 16. Howard does not appear to disclose a phase shifter. Schantz discloses wherein, the phase shifter is an N-way phase shifter, N being equal to or greater than two (“a plurality of phase shifters 605” [0093]) Howard teaches in the same field of human body security scanning. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Howard with the teachings of Schantz to incorporate the features of a phase shifter so as to gain the advantage of increasing beam directivity. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143). Regarding claim 18, Howard as modified by Schantz discloses all the limitations of claim 16. Howard discloses wherein, the aggregated electromagnetic signal has a power level that is a multiple of a power level of the guided electromagnetic signal, the multiple being based on a quantity of radiating elements in the second set of radiating elements (“wherein the aggregated signal has a power level that is a multiple of a power level of the guided electromagnetic signal, the multiple being based on based on a number of radiating elements in the second set.” [CLAIM 18]) Regarding claim 19, Howard as modified by Schantz discloses all the limitations of claim 18. Howard discloses wherein, the multiple is equal to a quantity of radiating elements in the second set of radiating elements (“During reception, however, because there are sets of multiple radiating elements 120a-b and 120e-f for each attenuated connecting feed line 112 and 118, where each set can aggregate the signals, the attenuation compensated.” [0022] & “the multiple is equal to the number of radiating elements in the second set of radiating elements.” [CLAIM 3]). Regarding claim 20, Howard as modified by Schantz discloses all the limitations of claim 16. Howard discloses wherein, the third power level associated with the attenuated electromagnetic signal is a factor of the second power level associated with the aggregated electromagnetic signal (“ the third power level of the attenuated electromagnetic signal is a factor of second power level” [CLAIM 4]). Documents Considered but not Relied Upon The prior art made of record and not relied upon is considered pertinent to the applicant’s Disclosure. Maltsev(US 20130308717 A1) is considered analogous art to the instant application as it discloses in [0033] “The second less directional antenna beam 224 may be generated to be more omnidirectional.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAYTON PAUL RIDDER whose telephone number is (571)272-2771. The examiner can normally be reached Monday thru Friday 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, Jack Keith can be reached on (571) 272-6878. 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. /C.P.R./Examiner, Art Unit 3646 /JACK W KEITH/Supervisory Patent Examiner, Art Unit 3646
Read full office action

Prosecution Timeline

Jan 06, 2025
Application Filed
Sep 16, 2026
Non-Final Rejection mailed — §103, §112 (current)

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3y 0m to grant Granted Aug 11, 2026
Patent 12693398
TAG, INTERROGATOR, AND SYSTEM FOR PERFORMING POSITION MEASUREMENT BASED ON BACKSCATTER IN MILLIMETER-WAVE BAND
2y 8m to grant Granted Jul 28, 2026
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
68%
Grant Probability
93%
With Interview (+25.4%)
2y 10m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 31 resolved cases by this examiner. Grant probability derived from career allowance rate.

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