Prosecution Insights
Last updated: October 25, 2026
Application No. 19/055,388

OVER-THE-AIR CALIBRATION OF ANTENNA SYSTEM

Non-Final OA §103§DP
Filed
Feb 17, 2025
Priority
May 14, 2019 — provisional 62/847,873 +3 more
Examiner
VUONG, QUOCHIEN B
Art Unit
2645
Tech Center
2600 — Communications
Assignee
Space Exploration Technologies Corp.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
773 granted / 862 resolved
+27.7% vs TC avg
Minimal -1% lift
Without
With
+-1.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
19 currently pending
Career history
885
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
36.4%
-3.6% vs TC avg
§102
28.0%
-12.0% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 862 resolved cases

Office Action

§103 §DP
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 04/17/2025 and 08/17/2026 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 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 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Garcia et al. (US 10,484,106) in view of Martikkala et al. (US 8,045,926). Regarding claim 1, Garcia et al. (figures 1A-1B, and 3A-3B) disclose an apparatus included in a communications system, the apparatus comprising: a first radio frequency (RF) section (103-1 to 103-m) configured to generate a RF calibration signal (signal to 103-1 to 103-m) based on modulating a calibration signal (from 121 figure 1B); a second RF section (109-1 to 109-N) configured to receive the RF calibration signal and configured to generate a received calibration signal based on demodulating the RF calibration signal; and a calibration section, wherein the received calibration signal and a reference signal associated with the RF calibration signal comprise inputs to the calibration section; and the calibration section is configured to determine one or more of gain, baseband delay, or RF delay compensation values, based on the inputs, to calibrate the first RF section (column 3, line 16 – column 4, line 5; and column 4, lines 11-54). Garcia et al. do not explicitly disclose wherein the calibration signal comprises an orthogonal code based signal. However, Martikkala et al. disclose an apparatus for calibrating antenna array in communication systems with a calibration signal comprises an orthogonal code based signal (column 7, lines 40-57; "In case of an exemplary CDMA system, signals may be separated by use of dedicated code channels"). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the orthogonal code based signal of Martikkala et al. to the apparatus of Garcia et al. for calibrating the antenna in CDMA system. Regarding claim 2, Garcia et al. and Martikkala et al. disclose the apparatus of claim 1. In addition, Garcia et al. disclose a waveform generator configured to generate and provide the calibration signal to the first RF section (column 3, lines 16-41). Regarding claim 3, Garcia et al. and Martikkala et al. disclose the apparatus of claim 1. In addition, Martikkala et al. disclose wherein the calibration signal comprises a code division multiple access (CDMA) signal (column 7, lines 40-57; "In case of an exemplary CDMA system, signals may be separated by use of dedicated code channels"). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the calibration signal comprises a CDMA signal of Martikkala et al. to the apparatus of Garcia et al. for calibrating the antenna in CDMA system. Regarding claim 4, Garcia et al. and Martikkala et al. disclose the apparatus of claim 1. In addition, Garcia et al. further disclose wherein calibration of the first RF section comprises one or more of gain, baseband delay, or RF delay offsets caused by one or both of the first RF section or a first antenna coupled to the first RF section (column 3, line 42 - column 4, line 5). Regarding claim 5, Garcia et al. and Martikkala et al. disclose the apparatus of claim 1. In addition, Martikkala et al. disclose wherein the reference signal associated with the RF calibration signal comprises a combination of the calibration signal and an encoded data signal (column 16, lines 13-22; “the baseband processing unit (BPU) comprises a calibration computation block (CCP) which generates signals to be used for a calibration measurement procedure, makes the measurements and computes and stores the required correction values. The baseband processing unit BPU further comprises a correction block CB which is used for applying correction values to the baseband transmit signals or transmit weights, to the baseband receive signals or to both the baseband transmit signals and baseband receive signals so as to achieve a desired net correction”). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the calibration signal comprises a combination of the calibration signal and an encoded data signal of Martikkala et al. to the apparatus of Garcia et al. for calibrating the antenna in CDMA system. Regarding claim 6, Garcia et al. and Martikkala et al. disclose the apparatus of claim 1. In addition, Garcia et al. disclose wherein the calibration section is configured to determine correlations based on the received calibration signal and the calibration signal, wherein the calibration section is configured to determine initial gain and delay values based on the correlations, and wherein the calibration section is configured to determine a difference value based on the initial gain and delay values (column 6, lines 27-40; “updating phase and gain settings for the array of antenna elements to correct the mismatch”). Regarding claim 7, Garcia et al. and Martikkala et al. disclose the apparatus of claim 6. In addition, Garcia et al. and Martikkala et al. obviously disclose wherein if the difference value is within a pre- set value, then the initial gain and delay values comprise the one or more gain, baseband delay, or RF delay compensation values (see Garcia, column 6, lines 27-40; “updating phase and gain settings for the array of antenna elements to correct the mismatch”; and Martikkala et al. , column 13, lines 34-39, “phase adjustment are only made if certain threshold value are exceeded”).wherein if the difference value is within a pre-set value, then the initial gain and delay values comprise the one or more gain, baseband delay, or RF delay compensation values. Regarding claim 8, Garcia et al. and Martikkala et al. disclose the apparatus of claim 6. In addition, Garcia et al. and Martikkala et al. obviously disclose wherein if the difference value is greater than a pre-set value, then the calibration section is configured to iterate to determine new gain and delay values based on the initial gain and delay values, and wherein the calibration section is configured to determine a new difference value based on the new gain and delay values (see Garcia, column 6, lines 27-40; “updating phase and gain settings for the array of antenna elements to correct the mismatch”; and Martikkala et al. , column 13, lines 34-39, “phase adjustment are only made if certain threshold value are exceeded”). Regarding claim 9, Garcia et al. and Martikkala et al. disclose the apparatus of claim 8. In addition, Garcia et al. and Martikkala et al. obviously disclose wherein if the new difference value is within the pre-set value, then the new gain and delay values comprise the one or more gain, baseband delay, or RF delay compensation values (see Garcia, column 6, lines 27-40; “updating phase and gain settings for the array of antenna elements to correct the mismatch”; and Martikkala et al. , column 13, lines 34-39, “phase adjustment are only made if certain threshold value are exceeded”). Regarding claim 10, Garcia et al. and Martikkala et al. disclose the apparatus of claim 8. In addition, Garcia et al. and Martikkala et al. obviously disclose wherein if the new difference value is greater than the pre-set value, then the calibration section is configured to iterate to determine additional new gain and delay values based on the new gain and delay values, and wherein the calibration section is configured to determine an additional new difference value based on the additional new gain and delay values (see Garcia, column 6, lines 27-40; “updating phase and gain settings for the array of antenna elements to correct the mismatch”; and Martikkala et al. , column 13, lines 34-39, “phase adjustment are only made if certain threshold value are exceeded”). Regarding claim 11, Garcia et al. and Martikkala et al. disclose the apparatus of claim 1. In addition, Martikkala et al. disclose a second baseband section, wherein the second baseband section is configured to receive a second calibration signal; and a third RF section wherein the third RF section is configured to generate a second RF calibration signal based on the second calibration signal, wherein the second calibration signal differs from the calibration signal in at least orthogonality; the first RF section and the third RF section simultaneously transmit the RF calibration signal and the second RF calibration signal; and the second RF section is configured to receive the second RF calibration signal over-the-air simultaneously with receiving the RF calibration signal, wherein the second RF section is configured to generate a received second calibration signal based on the second RF calibration signal (see page 15, lines 4-23; page 20, lines 1-22; and figure 6: "a block diagram of a multi-transceiver system with three individually operated transceiver modules TRXM1 ' , TRXM2' and TRXM3 ' to be used in a second application scenario for measuring amplitude, timing and phase offsets between an RF signal forwarded via an antenna loop AL12 from the Tx signal processing chain DLCH1 and Tx/Rx antenna Anti of a first transceiver module TRXM1 ' over the Tx/Rx antenna Ant2 and Tx signal processing chain DLCH2 of a second transceiver module TRXM2' to a signal measurement and adjustment block SMAB2 integrated into the Tx signal processing chain DLCH2 of the second transceiver module TRXM2' and the Tx baseband signal received from common baseband processing unit. Furthermore, timing offsets are measured between the RF signal forwarded via another antenna loop AF32 from the Tx signal processing chain DFCH3 and Tx/Rx antenna Ant3 of a third transceiver module TRXM3' over the Tx/Rx antenna Ant2 and Tx signal processing chain DFCH2 of the second transceiver module TRXM2' to the signal measurement and adjustment block SMAB2 located in the Tx signal processing chain DFCH2 of the second transceiver module TRXM2' and the Tx baseband signal received from the common baseband processing unit"). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the teaching above of Martikkala et al. to the apparatus of Garcia et al. for calibrating multiple components in the apparatus. Regarding claim 12, Garcia et al. and Martikkala et al. disclose the apparatus of claim 11. In addition, Martikkala et al. disclose wherein the received second calibration signal and a second reference signal associated with the second RF calibration signal comprise second inputs to the calibration section, and wherein the calibration section is configured to determine one or more of second gain, baseband delay, or RF delay compensation values, based on the second inputs, to calibrate the second RF section (see page 15, lines 4-23; page 20, lines 1-22; and figure 6: "a block diagram of a multi-transceiver system with three individually operated transceiver modules TRXM1 ' , TRXM2' and TRXM3 ' to be used in a second application scenario for measuring amplitude, timing and phase offsets between an RF signal forwarded via an antenna loop AL12 from the Tx signal processing chain DLCH1 and Tx/Rx antenna Anti of a first transceiver module TRXM1 ' over the Tx/Rx antenna Ant2 and Tx signal processing chain DLCH2 of a second transceiver module TRXM2' to a signal measurement and adjustment block SMAB2 integrated into the Tx signal processing chain DLCH2 of the second transceiver module TRXM2' and the Tx baseband signal received from common baseband processing unit. Furthermore, timing offsets are measured between the RF signal forwarded via another antenna loop AF32 from the Tx signal processing chain DFCH3 and Tx/Rx antenna Ant3 of a third transceiver module TRXM3' over the Tx/Rx antenna Ant2 and Tx signal processing chain DFCH2 of the second transceiver module TRXM2' to the signal measurement and adjustment block SMAB2 located in the Tx signal processing chain DFCH2 of the second transceiver module TRXM2' and the Tx baseband signal received from the common baseband processing unit"). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the teaching above of Martikkala et al. to the apparatus of Garcia et al. for calibrating multiple components in the apparatus. Regarding claim 13, Garcia et al. and Martikkala et al. disclose the apparatus of claim 1. In addition, Martikkala et al. disclose wherein the first RF section includes one or more IQ gain and phase compensators and one or more time delay filters, and wherein the one or more IQ gain and phase compensators is configured in accordance with the gain and RF delay compensation values and the one or more time delay filters is configured in accordance with the baseband delay compensation value to pre-compensate for gain and delay offsets associated with one or both of the first RF section or antenna electrically coupled to the first RF section (see column 16, lines 13-22; column 16, line 39 – column 17, line 8; and figure 2: "This exemplary device can be used in the scope of single-carrier or multi-carrier modulation systems"; and "The baseband processing unit BPU further comprises a correction block CB which is used for applying correction values to the baseband transmit signals"). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the teaching above of Martikkala et al. to the apparatus of Garcia et al. for calibrating gain and delay of the first RF section or antenna. Regarding claim 14, Garcia et al. and Martikkala et al. disclose the apparatus of claim 1. In addition, Martikkala et al. disclose wherein the reference signal comprises the calibration signal (column 16, lines 13-22; “the baseband processing unit (BPU) comprises a calibration computation block (CCP) which generates signals to be used for a calibration measurement procedure, makes the measurements and computes and stores the required correction values. The baseband processing unit BPU further comprises a correction block CB which is used for applying correction values to the baseband transmit signals or transmit weights, to the baseband receive signals or to both the baseband transmit signals and baseband receive signals so as to achieve a desired net correction.”). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the reference signal comprises the calibration signal of Martikkala et al. to the apparatus of Garcia et al. to use the reference signal for calibration. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6, 8-14 and 17 of U.S. Patent No. 11,362,742. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-1-4, 6, 8-14 and 17 of U.S. Patent No. 11,362,742 anticipate claims 1-8 of the pending application. Regarding claim 1 of the pending application, claim 1 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including an apparatus included in a communications system, the apparatus comprising: a first radio frequency (RF) section configured to generate a RF calibration signal based on modulating a calibration signal, wherein the calibration signal comprises an orthogonal code based signal; a second RF section configured to receive the RF calibration signal and configured to generate a received calibration signal based on demodulating the RF calibration signal; and a calibration section, wherein: the received calibration signal and a reference signal associated with the RF calibration signal comprise inputs to the calibration section; and the calibration section is configured to determine one or more of gain, baseband delay, or RF delay compensation values, based on the inputs, to calibrate the first RF section. Regarding claim 2 of the pending application, claim 2 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including a waveform generator configured to generate and provide the calibration signal to the first RF section. Regarding claim 3 of the pending application, claim 3 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein the calibration signal comprises a code division multiple access (CDMA) signal. Regarding claim 4 of the pending application, claim 4 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein calibration of the first RF section comprises one or more of gain, baseband delay, or RF delay offsets caused by one or both of the first RF section or a first antenna coupled to the first RF section. Regarding claim 5 of the pending application, claim 6 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein the reference signal associated with the RF calibration signal comprises a combination of the calibration signal and an encoded data signal. Regarding claim 6 of the pending application, claim 8 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein the calibration section is configured to determine correlations based on the received calibration signal and the calibration signal, wherein the calibration section is configured to determine initial gain and delay values based on the correlations, and wherein the calibration section is configured to determine a difference value based on the initial gain and delay values.- Regarding claim 7 of the pending application, claim 9 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein if the difference value is within a pre-set value, then the initial gain and delay values comprise the one or more gain, baseband delay, or RF delay compensation values. Regarding claim 8 of the pending application, claim 10 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein if the difference value is greater than a pre-set value, then the calibration section is configured to iterate to determine new gain and delay values based on the initial gain and delay values, and wherein the calibration section is configured to determine a new difference value based on the new gain and delay values. Regarding claim 9 of the pending application, claim 11 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein if the new difference value is within the pre-set value, then the new gain and delay values comprise the one or more gain, baseband delay, or RF delay compensation values. Regarding claim 10 of the pending application, claim 12 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein if the new difference value is greater than the pre-set value, then the calibration section is configured to iterate to determine additional new gain and delay values based on the new gain and delay values, and wherein the calibration section is configured to determine an additional new difference value based on the additional new gain and delay values. Regarding claim 11 of the pending application, claim 13 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including a second baseband section, wherein the second baseband section is configured to receive a second calibration signal; and a third RF section wherein the third RF section is configured to generate a second RF calibration signal based on the second calibration signal, wherein: the second calibration signal differs from the calibration signal in at least orthogonality; the first RF section and the third RF section simultaneously transmit the RF calibration signal and the second RF calibration signal; and the second RF section is configured to receive the second RF calibration signal over-the-air simultaneously with receiving the RF calibration signal, wherein the second RF section is configured to generate a received second calibration signal based on the second RF calibration signal. Regarding claim 12 of the pending application, claim 14 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein the received second calibration signal and a second reference signal associated with the second RF calibration signal comprise second inputs to the calibration section, and wherein the calibration section is configured to determine one or more -2- of second gain, baseband delay, or RF delay compensation values, based on the second inputs, to calibrate the second RF section. Regarding claim 13 of the pending application, claim 17 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein the first RF section includes one or more IQ gain and phase compensators and one or more time delay filters, and wherein the one or more IQ gain and phase compensators is configured in accordance with the gain and RF delay compensation values and the one or more time delay filters is configured in accordance with the baseband delay compensation value to pre-compensate for gain and delay offsets associated with one or both of the first RF section or antenna electrically coupled to the first RF section. Regarding claim 14 of the pending application, claim 6 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein the reference signal comprises the calibration signal. Regarding claim 15 of the pending application, claim 1 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including an apparatus included in a communications system, the apparatus comprising: an RF section configured to generate a RF calibration signal based on modulating a calibration signal, wherein the calibration signal comprises an orthogonal code based signal, wherein the RF calibration signal is void of encoding; a receive section configured to receive the RF calibration signal over-the-air, wherein the receive section includes a second RF section, wherein the second RF section is configured to generate a received calibration signal based on the RF calibration signal; and a calibration section, wherein: the received calibration signal and a reference signal associated with the RF calibration signal comprise inputs to the calibration section; and the calibration section is configured to determine one or more of gain, baseband delay, or RF delay compensation values, based on the inputs, to calibrate the RF section. Regarding claim 16 of the pending application, claim 14 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein calibration of the receive section comprises one or more of gain, baseband delay, or RF delay offsets caused by one or both of the second RF section or an antenna coupled to the second RF section. Regarding claim 17 of the pending application, claim 14 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein the RF calibration signal is void of encoding. Regarding claim 18 of the pending application, claim 3 of U.S. Patent No. 11,362,742 encompasses all the claimed limitations including wherein the calibration signal comprises a code division multiple access (CDMA) signal. Claims 1-15, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-13, 16 and 22 of U.S. Patent No. 11,716,153. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4, 6-13, 16 and 22 of U.S. Patent No. 11,716,153 anticipate claims 1-15 and 17 of the pending application. Regarding claim 1 of the pending application, claim 1 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including an apparatus included in a communications system, the apparatus comprising: a first radio frequency (RF) section configured to generate a RF calibration signal based on modulating a calibration signal, wherein the calibration signal comprises an orthogonal code based signal; a second RF section configured to receive the RF calibration signal and configured to generate a received calibration signal based on demodulating the RF calibration signal; and a calibration section, wherein: the received calibration signal and a reference signal associated with the RF calibration signal comprise inputs to the calibration section; and the calibration section is configured to determine one or more of gain, baseband delay, or RF delay compensation values, based on the inputs, to calibrate the first RF section. Regarding claim 2 of the pending application, claim 2 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including a waveform generator configured to generate and provide the calibration signal to the first RF section. Regarding claim 3 of the pending application, claim 3 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including wherein the calibration signal comprises a code division multiple access (CDMA) signal. Regarding claim 4 of the pending application, claim 4 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including wherein calibration of the first RF section comprises one or more of gain, baseband delay, or RF delay offsets caused by one or both of the first RF section or a first antenna coupled to the first RF section. Regarding claim 5 of the pending application, claim 6 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including wherein the reference signal associated with the RF calibration signal comprises a combination of the calibration signal and an encoded data signal. Regarding claim 6 of the pending application, claim 7 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including wherein the calibration section is configured to determine correlations based on the received calibration signal and the calibration signal, wherein the calibration section is configured to determine initial gain and delay values based on the correlations, and wherein the calibration section is configured to determine a difference value based on the initial gain and delay values.- Regarding claim 7 of the pending application, claim 8 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including wherein if the difference value is within a pre-set value, then the initial gain and delay values comprise the one or more gain, baseband delay, or RF delay compensation values. Regarding claim 8 of the pending application, claim 9 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including wherein if the difference value is greater than a pre-set value, then the calibration section is configured to iterate to determine new gain and delay values based on the initial gain and delay values, and wherein the calibration section is configured to determine a new difference value based on the new gain and delay values. Regarding claim 9 of the pending application, claim 10 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including wherein if the new difference value is within the pre-set value, then the new gain and delay values comprise the one or more gain, baseband delay, or RF delay compensation values. Regarding claim 10 of the pending application, claim 11 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including wherein if the new difference value is greater than the pre-set value, then the calibration section is configured to iterate to determine additional new gain and delay values based on the new gain and delay values, and wherein the calibration section is configured to determine an additional new difference value based on the additional new gain and delay values. Regarding claim 11 of the pending application, claim 12 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including a second baseband section, wherein the second baseband section is configured to receive a second calibration signal; and a third RF section wherein the third RF section is configured to generate a second RF calibration signal based on the second calibration signal, wherein: the second calibration signal differs from the calibration signal in at least orthogonality; the first RF section and the third RF section simultaneously transmit the RF calibration signal and the second RF calibration signal; and the second RF section is configured to receive the second RF calibration signal over-the-air simultaneously with receiving the RF calibration signal, wherein the second RF section is configured to generate a received second calibration signal based on the second RF calibration signal. Regarding claim 12 of the pending application, claim 13 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including wherein the received second calibration signal and a second reference signal associated with the second RF calibration signal comprise second inputs to the calibration section, and wherein the calibration section is configured to determine one or more -2- of second gain, baseband delay, or RF delay compensation values, based on the second inputs, to calibrate the second RF section. Regarding claim 13 of the pending application, claim 16 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including wherein the first RF section includes one or more IQ gain and phase compensators and one or more time delay filters, and wherein the one or more IQ gain and phase compensators is configured in accordance with the gain and RF delay compensation values and the one or more time delay filters is configured in accordance with the baseband delay compensation value to pre-compensate for gain and delay offsets associated with one or both of the first RF section or antenna electrically coupled to the first RF section. l4. The apparatus of claim 1, wherein the reference signal comprises the calibration signal. Regarding claim 15 of the pending application, claim 22 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including an apparatus included in a communications system, the apparatus comprising: an RF section configured to generate a RF calibration signal based on modulating a calibration signal, wherein the calibration signal comprises an orthogonal code based signal, wherein the RF calibration signal is void of encoding; a receive section configured to receive the RF calibration signal over-the-air, wherein the receive section includes a second RF section, wherein the second RF section is configured to generate a received calibration signal based on the RF calibration signal; and a calibration section, wherein: the received calibration signal and a reference signal associated with the RF calibration signal comprise inputs to the calibration section; and the calibration section is configured to determine one or more of gain, baseband delay, or RF delay compensation values, based on the inputs, to calibrate the RF section. Regarding claim 17 of the pending application, claim 22 of U.S. Patent No. 11,716,753 encompasses all the claimed limitations including wherein the RF calibration signal is void of encoding. Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-14 and 16-20 of U.S. Patent No. 12,231,178. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4, 6-14and 16-20 of U.S. Patent No. 12,231,178 anticipate claims 1-18 of the pending application. Regarding claim 1 of the pending application, claim 1 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including an apparatus included in a communications system, the apparatus comprising: a first radio frequency (RF) section configured to generate a RF calibration signal based on modulating a calibration signal, wherein the calibration signal comprises an orthogonal code based signal; a second RF section configured to receive the RF calibration signal and configured to generate a received calibration signal based on demodulating the RF calibration signal; and a calibration section, wherein: the received calibration signal and a reference signal associated with the RF calibration signal comprise inputs to the calibration section; and the calibration section is configured to determine one or more of gain, baseband delay, or RF delay compensation values, based on the inputs, to calibrate the first RF section. Regarding claim 2 of the pending application, claim 2 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including a waveform generator configured to generate and provide the calibration signal to the first RF section. Regarding claim 3 of the pending application, claim 3 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein the calibration signal comprises a code division multiple access (CDMA) signal. Regarding claim 4 of the pending application, claim 4 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein calibration of the first RF section comprises one or more of gain, baseband delay, or RF delay offsets caused by one or both of the first RF section or a first antenna coupled to the first RF section. Regarding claim 5 of the pending application, claim 6 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein the reference signal associated with the RF calibration signal comprises a combination of the calibration signal and an encoded data signal. Regarding claim 6 of the pending application, claim 7 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein the calibration section is configured to determine correlations based on the received calibration signal and the calibration signal, wherein the calibration section is configured to determine initial gain and delay values based on the correlations, and wherein the calibration section is configured to determine a difference value based on the initial gain and delay values.- Regarding claim 7 of the pending application, claim 8 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein if the difference value is within a pre-set value, then the initial gain and delay values comprise the one or more gain, baseband delay, or RF delay compensation values. Regarding claim 8 of the pending application, claim 9 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein if the difference value is greater than a pre-set value, then the calibration section is configured to iterate to determine new gain and delay values based on the initial gain and delay values, and wherein the calibration section is configured to determine a new difference value based on the new gain and delay values. Regarding claim 9 of the pending application, claim 10 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein if the new difference value is within the pre-set value, then the new gain and delay values comprise the one or more gain, baseband delay, or RF delay compensation values. Regarding claim 10 of the pending application, claim 11 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein if the new difference value is greater than the pre-set value, then the calibration section is configured to iterate to determine additional new gain and delay values based on the new gain and delay values, and wherein the calibration section is configured to determine an additional new difference value based on the additional new gain and delay values. Regarding claim 11 of the pending application, claim 12 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including a second baseband section, wherein the second baseband section is configured to receive a second calibration signal; and a third RF section wherein the third RF section is configured to generate a second RF calibration signal based on the second calibration signal, wherein: the second calibration signal differs from the calibration signal in at least orthogonality; the first RF section and the third RF section simultaneously transmit the RF calibration signal and the second RF calibration signal; and the second RF section is configured to receive the second RF calibration signal over-the-air simultaneously with receiving the RF calibration signal, wherein the second RF section is configured to generate a received second calibration signal based on the second RF calibration signal. Regarding claim 12 of the pending application, claim 13 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein the received second calibration signal and a second reference signal associated with the second RF calibration signal comprise second inputs to the calibration section, and wherein the calibration section is configured to determine one or more -2- of second gain, baseband delay, or RF delay compensation values, based on the second inputs, to calibrate the second RF section. Regarding claim 13 of the pending application, claim 14 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein the first RF section includes one or more IQ gain and phase compensators and one or more time delay filters, and wherein the one or more IQ gain and phase compensators is configured in accordance with the gain and RF delay compensation values and the one or more time delay filters is configured in accordance with the baseband delay compensation value to pre-compensate for gain and delay offsets associated with one or both of the first RF section or antenna electrically coupled to the first RF section. Regarding claim 14 of the pending application, claim 16 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein the reference signal comprises the calibration signal. Regarding claim 15 of the pending application, claim 17 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including an apparatus included in a communications system, the apparatus comprising: an RF section configured to generate a RF calibration signal based on modulating a calibration signal, wherein the calibration signal comprises an orthogonal code based signal, wherein the RF calibration signal is void of encoding; a receive section configured to receive the RF calibration signal over-the-air, wherein the receive section includes a second RF section, wherein the second RF section is configured to generate a received calibration signal based on the RF calibration signal; and a calibration section, wherein: the received calibration signal and a reference signal associated with the RF calibration signal comprise inputs to the calibration section; and the calibration section is configured to determine one or more of gain, baseband delay, or RF delay compensation values, based on the inputs, to calibrate the RF section. Regarding claim 16 of the pending application, claim 18 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein calibration of the receive section comprises one or more of gain, baseband delay, or RF delay offsets caused by one or both of the second RF section or an antenna coupled to the second RF section. Regarding claim 17 of the pending application, claim 19 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein the RF calibration signal is void of encoding. Regarding claim 18 of the pending application, claim 20 of U.S. Patent No. 12,231,178 encompasses all the claimed limitations including wherein the calibration signal comprises a code division multiple access (CDMA) signal. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Arnett et al. (US 10,749,254 B2) disclose methods, systems, and devices are described for calibration of an array antenna system; a device transmits a calibration signal from a first antenna element of an antenna array; the calibration signal being generated by modulating a first signal having a first frequency with a modulation signal having a second frequency; the device receives the calibration signal using a second antenna element of the antenna array; analyzes a sideband of the received calibration signal, where the sideband may be offset in frequency from the first frequency by the second frequency; and calibrates the array antenna system based on or more measured properties of the sideband. Khalil et al. (US 11,177,567 B2) teach an antenna array system and method of calibration using one or more probes disposed equidistant between antenna elements; calibration is performed between a probe and antenna elements, between a plurality of antenna elements, or between antenna elements on different antenna arrays. Liao et al. (US 11,277,212 B2) disclose a method for calibrating an active antenna system (AAS); the AAS comprises a radio unit and an antenna array; the radio unit comprises a plurality of transceiver branches; the method comprises calibrating at least one, but less then all, out of the plurality of transceiver branches as reference branch or branches. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOCHIEN B VUONG whose telephone number is (571)272-7902. The examiner can normally be reached 10:00-06:00PM M-F. 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, ANTHONY ADDY can be reached at 571-272-7795. 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. /QUOCHIEN B VUONG/Primary Examiner, Art Unit 2645
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Prosecution Timeline

Feb 17, 2025
Application Filed
Oct 02, 2026
Non-Final Rejection mailed — §103, §DP (current)

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