Prosecution Insights
Last updated: September 20, 2026
Application No. 19/077,839

ELECTROMAGNETIC WAVE CONTROL ELEMENT

Non-Final OA §103
Filed
Mar 12, 2025
Priority
Sep 27, 2022 — JP 2022-153479 +1 more
Examiner
LOTTER, DAVID E
Art Unit
Tech Center
Assignee
Fujifilm Holdings Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
517 granted / 610 resolved
+24.8% vs TC avg
Moderate +10% lift
Without
With
+9.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
18 currently pending
Career history
623
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
53.9%
+13.9% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 610 resolved cases

Office Action

§103
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 Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 4/25/2025 is 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 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 3-9, 11-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Foo (US 2018/0083364), hereinafter Foo, in view of Canon (JP 2006-013405) – of record, hereinafter Canon. Regarding claim 1 Foo discloses an electromagnetic wave control element comprising: a first electrode (e.g., paragraph 0027); a liquid crystal layer (e.g., Figs. 1-5, at 146) in which an alignment state of a liquid crystal compound changes depending on a voltage; and a metasurface structure (e.g., Figs. 1-5, at 300) in which a plurality of microstructures are arranged (e.g., paragraphs 0025 and 0027). Foo does not disclose wherein the electromagnetic wave control element acts on electromagnetic waves having a frequency of 0.1 to 0.3 THz, and the liquid crystal layer includes an azo compound. Canon discloses wherein the electromagnetic wave control element acts on electromagnetic waves having a frequency of 0.1 to 0.3 THz (e.g., paragraph 0002 “30 GHz to 30 THz”), and the liquid crystal layer includes an azo compound (e.g., fourth paragraph under Example 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam steering antenna disclosed by Foo in accordance with the teaching of Canon regarding the use of AZO compounds in order to change the frequency of the electromagnetic wave element (Canon, e.g., fourth paragraph under Example 2). PNG media_image1.png 564 382 media_image1.png Greyscale PNG media_image2.png 418 377 media_image2.png Greyscale Regarding claim 3 Foo does not discloses the electromagnetic wave control element according to claim 1, wherein the liquid crystal layer includes a liquid crystal compound having an azo structure. Canon further discloses the electromagnetic wave control element according to claim 1, wherein the liquid crystal layer includes a liquid crystal compound having an azo structure (e.g., fourth paragraph under Example 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam steering antenna disclosed by Foo in accordance with the teaching of Canon regarding the use of AZO compounds in order to change the frequency of the electromagnetic wave element (Canon, e.g., fourth paragraph under Example 2). Regarding claim 4 Foo further discloses the electromagnetic wave control element according to claim 1, further comprising: a second electrode constituting an electrode pair together with the first electrode (e.g., paragraph 0027). Regarding claim 5 Foo further discloses the electromagnetic wave control element according to claim 4, wherein at least one of the first electrode or the second electrode is the microstructure (e.g., paragraphs 0025 and 0027). Regarding claim 6 Foo further discloses the electromagnetic wave control element according to claim 1, wherein the microstructure constitutes an electrode pair together with the first electrode (e.g., paragraphs 0025 and 0027). Regarding claim 7 Foo does not explicitly disclose the electromagnetic wave control element according to claim 1, wherein the first electrode reflects electromagnetic waves having a frequency of 0.1 to 0.3 THz. Canon further discloses the electromagnetic wave control element according to claim 1, wherein the first electrode reflects electromagnetic waves having a frequency of 0.1 to 0.3 THz (e.g., paragraph 0002 “30 GHz to 30 THz”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam steering antenna disclosed by Foo in accordance with the teaching of Canon regarding wherein the first electrode reflects electromagnetic waves having a frequency of 0.1 to 0.3 THz in order to change and optimize the frequency of the electromagnetic wave element (Canon, e.g., fourth paragraph under Example 2). Regarding claim 8 Foo further discloses the electromagnetic wave control element according to claim 1, wherein the first electrode is a patterned electrode (e.g., paragraphs 0025 and 0027). Regarding claim 9 Foo further discloses the electromagnetic wave control element according to claim 1, wherein the microstructure includes a metal (e.g., paragraphs 0025 and 0027). Regarding claim 11 Foo does not explicitly disclose the electromagnetic wave control element according to claim 2, wherein the liquid crystal layer includes a liquid crystal compound having an azo structure. Canon discloses wherein the liquid crystal layer includes a liquid crystal compound having an azo structure (e.g., fourth paragraph under Example 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam steering antenna disclosed by Foo in accordance with the teaching of Canon regarding the use of AZO compounds in order to change the frequency of the electromagnetic wave element (Canon, e.g., fourth paragraph under Example 2). Regarding claim 12 Foo further discloses the electromagnetic wave control element according to claim 2, further comprising: a second electrode constituting an electrode pair together with the first electrode (e.g., paragraphs 0025 and 0027). Regarding claim 13 Foo further discloses the electromagnetic wave control element according to claim 12, wherein at least one of the first electrode or the second electrode is the microstructure (e.g., paragraphs 0025 and 0027). Regarding claim 14 Foo further discloses the electromagnetic wave control element according to claim 2, wherein the microstructure constitutes an electrode pair together with the first electrode (e.g., paragraphs 0025 and 0027). Regarding claim 15 Foo does not explicitly disclose the electromagnetic wave control element according to claim 2, wherein the first electrode reflects electromagnetic waves having a frequency of 0.1 to 0.3 THz. Canon further discloses the electromagnetic wave control element according to claim 1, wherein the first electrode reflects electromagnetic waves having a frequency of 0.1 to 0.3 THz (e.g., paragraph 0002 “30 GHz to 30 THz”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam steering antenna disclosed by Foo in accordance with the teaching of Canon regarding wherein the first electrode reflects electromagnetic waves having a frequency of 0.1 to 0.3 THz in order to change and optimize the frequency of the electromagnetic wave element (Canon, e.g., fourth paragraph under Example 2). Regarding claim 16 Foo further discloses the electromagnetic wave control element according to claim 2, wherein the first electrode is a patterned electrode (e.g., paragraphs 0025 and 0027). Regarding claim 17 Foo further discloses the electromagnetic wave control element according to claim 2, wherein the microstructure includes a metal (e.g., paragraphs 0025 and 0027). Regarding claim 19 Foo further discloses the electromagnetic wave control element according to claim 3, further comprising: a second electrode constituting an electrode pair together with the first electrode (e.g., paragraphs 0025 and 0027). Regarding claim 20 Foo further discloses the electromagnetic wave control element according to claim 19, wherein at least one of the first electrode or the second electrode is the microstructure (e.g., paragraphs 0025 and 0027). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Foo in view of Canon as applied to claim 1 above, and further in view of Sasata et al., (US 2022/0214476), hereinafter Sasata. Regarding claim 2 Foo as modified does not disclose the electromagnetic wave control element according to claim 1, wherein the azo compound has two or more azo structures. Sasata discloses wherein the azo compound has two or more azo structures (e.g., paragraphs 0059-0060) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam steering antenna disclosed by Foo as modified by Canon and in further accordance with the teaching of Sasata regarding the use of two or more AZO structures such that alignment defects of a liquid crystal compound in a liquid crystal layer can be suppressed (Sasata, paragraph 0008). Claims 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Foo in view of Canon as applied to claims 1 and 2 respectively above, and further in view of Asahi Glass (JP 2002-223116) – of record, hereinafter Asahi. Regarding claim 10 Foo as modified does not disclose the electromagnetic wave control element according to claim 1, wherein the microstructure includes an oxide semiconductor. Asahi discloses wherein the microstructure includes an oxide semiconductor (e.g., paragraph 0018). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam steering antenna disclosed by Foo as modified by Canon and in further accordance with the teaching of Asahi regarding wherein the microstructure includes an oxide semiconductor so that the radio wave focusing / deflecting unit can be deflected and transmitted efficiently as a plane wave (Asahi, paragraphs 0016-0017). Regarding claim 18 Foo as modified does not disclose the electromagnetic wave control element according to claim 2, wherein the microstructure includes an oxide semiconductor. Asahi discloses wherein the microstructure includes an oxide semiconductor (e.g., paragraph 0018). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the beam steering antenna disclosed by Foo as modified by Canon and in further accordance with the teaching of Asahi regarding wherein the microstructure includes an oxide semiconductor so that the radio wave focusing / deflecting unit can be deflected and transmitted efficiently as a plane wave (Asahi, paragraphs 0016-0017). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The International Search Report submitted by Applicant and of record contains analysis and references considered highly relevant to the current application. The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply. Applicant, in preparing the response, should consider fully the entire reference aspotentially teaching all or part of the claimed invention, as well as the context of thepassage as taught by the prior art or disclosed by the Examiner. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E LOTTER whose telephone number is (571)270-7422. The examiner can normally be reached M-F 10am-6pm. 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. DAVID E. LOTTER Primary Examiner Art Unit 2845 /DAVID E LOTTER/Primary Examiner, Art Unit 2845
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Prosecution Timeline

Mar 12, 2025
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
94%
With Interview (+9.6%)
2y 2m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 610 resolved cases by this examiner. Grant probability derived from career allowance rate.

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