Prosecution Insights
Last updated: April 19, 2026
Application No. 18/539,394

Radio Device for Wireless Communication and Radar Sensing

Non-Final OA §102§103
Filed
Dec 14, 2023
Examiner
BYTHROW, PETER M
Art Unit
3648
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Imec Vzw
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
98%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
892 granted / 1018 resolved
+35.6% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
14 currently pending
Career history
1032
Total Applications
across all art units

Statute-Specific Performance

§101
9.1%
-30.9% vs TC avg
§103
33.8%
-6.2% vs TC avg
§102
34.1%
-5.9% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1018 resolved cases

Office Action

§102 §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 . Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 2, 7-13, 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fernando (US 10673479). Claim 1: Fernando discloses a radio device for wireless communication and radar sensing (abstract, col 1 line 41 – col 2 line 11), the radio device comprising: a transmitter configured to generate a modulated RF signal and to transmit the modulated RF signal via a transmitting antenna (col 4 lines 8-20, col 4 line 61- col 5 line 24, col 8 lines 4-39); and a receiver configured to receive a modulated RF signal via a receiving antenna and to down-convert the received modulated RF signal (col 4 lines 8-20, col 4 line 61- col 5 line 24, col 8 lines 4-39); wherein the radio device further comprises a selector unit configured to controllably provide the receiver with one or the other of (1) a copy of the transmit modulated RF signal or (11) a local oscillator signal (LO) to down-convert the received modulated RF signal (fig 4 elements 406, 414, 416, 330, 312-1, 312-2, col 10 line 1-21) Claim 2: Fernando discloses the radio device further comprises an LO signal generator configured to generate the LO signal (col 9 line 54-67) Claim 7: Fernando discloses a digital processor configured to generate a digital FMCW waveform and digital communication symbols and to extract communication symbols and range and Doppler information. Claim 8: Fernando discloses the receiver comprises a mixer unit that comprises a first mixer and a second mixer connected in parallel, wherein the first mixer is configured to provide a baseband signal at its output by down-converting the modulated RF signal being fed into a first input of the first mixer using the LO signal being fed into a second input of the first mixer, and wherein the second mixer is configured to provide a beat signal at its output by down- converting the modulated RF signal being fed into a first input of the second mixer using the copy of the transmit modulated RF signal being fed into a second input of the second mixer (fig 4 elements 406, 414, 416, 330, 312-1, 312-2, col 10 line 1-21) Claim 9: Fernando discloses the first mixer and the second mixer receive, via respective electrical transformers, the LO signal and the copy of the transmitted modulated RF signal, respectively (fig 4 elements 406, 414, 416, 330, 312-1, 312-2, col 10 line 1-21) Claim 10: Fernando discloses he selector unit comprises a first mixer and a second mixer connected in parallel, wherein the first mixer is configured to provide the LO signal being fed into its input to its output, and wherein the second mixer is configured to provide the copy of the transmit modulated RF signal being fed into its input to its output (fig 4 elements 406, 414, 416, 330, 312-1, 312-2, col 10 line 1-21) Claim 11: Fernando discloses electrical transformers coupled to the selector unit and configured to feed the LO signal and the copy of the transmitted modulated RF signal to the first mixer and to the second mixer, respectively (fig 4 elements 406, 414, 416, 330, 312-1, 312-2, col 10 line 1-21) Claim 12: Fernando discloses the electrical transformers are controllable to cause the first mixer to be operational when the radio device is performing wireless communication and to cause the second mixer to be operational when the radio device is performing radar sensing (fig 4 elements 406, 414, 416, 330, 312-1, 312-2, col 10 line 1-21) Claim 13: Fernando discloses the transmit modulated RF signal is at least one of a single-carrier signal, an OFDM signal, or an FMCW signal (col 6 line 6-61) Claim 16: Fernando discloses the electrical transformers are controllable to cause the first mixer to be operational when the radio device is performing wireless communication and to cause the second mixer to be operational when the radio device is performing radar sensing (fig 4 elements 406, 414, 416, 330, 312-1, 312-2, col 10 line 1-21) 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. 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. Claim(s) 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fernando (US 10673479) as applied to claim 1 above, and further in view of Ferguson (US 2015/0378017). Claim 3: Fernando does not specifically disclose the receiver further comprises a switchably connectable high-pass filter configured to suppress transmitter spill-over Ferguson discloses an adjustable self-interference canceler in a radar device (abstract, para 0003), wherein the receiver further comprises a switchably connectable high-pass filter configured to suppress transmitter spill-over (para 0018, 0021, 0024). It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Ferguson, in order to remove leakage signals between transmit and receive channels. Claim 4: Fernando does not specifically disclose t the switchably connectable high-pass filter comprises a first low pass filter section and a second switchably connectable low-pass filter section that provide a high-pass filtering when connected together. Ferguson discloses an adjustable self-interference canceler in a radar device (abstract, para 0003), wherein the switchably connectable high-pass filter comprises a first low pass filter section and a second switchably connectable low-pass filter section that provide a high-pass filtering when connected together. (para 0018, 0021, 0024). It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Ferguson, in order to remove leakage signals between transmit and receive channels. Claim 5: Fernando does not specifically disclose the second switchably connectable low-pass filter section is programmable. Ferguson discloses an adjustable self-interference canceler in a radar device (abstract, para 0003), wherein the second switchably connectable low-pass filter section is programmable (para 0018, 0021, 0024). It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Ferguson, in order to remove leakage signals between transmit and receive channels. Claim 6: Fernando does not specifically disclose the first low-pass filter section is programmable. Ferguson discloses an adjustable self-interference canceler in a radar device (abstract, para 0003), wherein the first low-pass filter section is programmable (para 0018, 0021, 0024). It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Ferguson, in order to remove leakage signals between transmit and receive channels. Claim(s) 14, 15, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fernando (US 10673479) as applied to claim 10 above, and further in view of Fiore (US 2022/0196796) Claim 14: Fernando does not specifically disclose the radio device is a beamforming radio device, wherein the beamforming radio device is configured to receive a plurality of modulated RF signals, and wherein the beamforming radio device comprises a signal splitter that controllably provides the receiver with one or the other of (i) a plurality of copies of the transmit modulated RF signal or (i1) a plurality of local oscillator signals to down-convert the respective modulated RF signals Fiore discloses a radio frequency transceiver front end (fig 3) for selectively applying a LO signal or a transmit signal to a receive module (abstract, para 0005-0007) wherein the radio device is a beamforming radio device, wherein the beamforming radio device is configured to receive a plurality of modulated RF signals, and wherein the beamforming radio device comprises a signal splitter that controllably provides the receiver with one or the other of (i) a plurality of copies of the transmit modulated RF signal or (i1) a plurality of local oscillator signals to down-convert the respective modulated RF signals (para 0048, 0061, 0063, 012, 0132, 0133) It would have been obvious to modify the invention such that it comprised the above limitations as taught by Fiore, in order to monitor the performance of the RF front end circuitry (Fiore para 0005-0007) Claim 15: Fernando does not specifically disclose the radio device is a multiple-input and multiple-output (MIMO) radio device, wherein the MIMO radio device is configured to receive a plurality of modulated RF signals, and wherein the MIMO radio device comprises a signal splitter that controllably provides the receiver with one or the other of (i) a plurality of copies of the transmit modulated RF signal or (11) a plurality of local oscillator signals to down-convert the respective modulated RF signals. Fiore discloses a radio frequency transceiver front end (fig 3) for selectively applying a LO signal or a transmit signal to a receive module (abstract, para 0005-0007) wherein the radio device is a multiple-input and multiple-output (MIMO) radio device, wherein the MIMO radio device is configured to receive a plurality of modulated RF signals, and wherein the MIMO radio device comprises a signal splitter that controllably provides the receiver with one or the other of (i) a plurality of copies of the transmit modulated RF signal or (11) a plurality of local oscillator signals to down-convert the respective modulated RF signals (para 0048, 0061, 0063, 012, 0132, 0133) It would have been obvious to modify the invention such that it comprised the above limitations as taught by Fiore, in order to monitor the performance of the RF front end circuitry (Fiore para 0005-0007) Claim 17: Fernando discloses radio device for wireless communication and radar sensing, the radio device (abstract, col 1 line 41 – col 2 line 11), the radio device comprising: a transmitter configured to generate a modulated RF signal and to transmit the modulated RF signal via a transmitting antenna (col 4 lines 8-20, col 4 line 61- col 5 line 24, col 8 lines 4-39); and a receiver configured to receive a modulated RF signal via a receiving antenna and to down-convert the received modulated RF signal (col 4 lines 8-20, col 4 line 61- col 5 line 24, col 8 lines 4-39); wherein the radio device further comprises a selector unit configured to controllably provide the receiver with one or the other of (1) a copy of the transmit modulated RF signal or (11) a local oscillator signal (LO) to down-convert the received modulated RF signal (fig 4 elements 406, 414, 416, 330, 312-1, 312-2, col 10 line 1-21) Fernando does not specifically disclose the device is a multiple-input and multiple-output (MIMO). Fiore discloses a radio frequency transceiver front end (fig 3) for selectively applying a LO signal or a transmit signal to a receive module (abstract, para 0005-0007) wherein the radio device is a multiple-input and multiple-output (MIMO) radio device (para 0048, 0061, 0063, 012, 0132, 0133) It would have been obvious to modify the invention such that it comprised the above limitations as taught by Fiore, in order to monitor the performance of the RF front end circuitry (Fiore para 0005-0007) Claim 18: Fernando discloses the selector unit comprises a first mixer and a second mixer connected in parallel, wherein the first mixer is configured to provide the LO signal being fed into its input to its output, and wherein the second mixer is configured to provide the copy of the transmit modulated RF signal being fed into its input to its output (fig 4 elements 406, 414, 416, 330, 312-1, 312-2, col 10 line 1-21) Claim 19: Fernando discloses radio device for wireless communication and radar sensing, the radio device (abstract, col 1 line 41 – col 2 line 11), the radio device comprising: a transmitter configured to generate a modulated RF signal and to transmit the modulated RF signal via a transmitting antenna (col 4 lines 8-20, col 4 line 61- col 5 line 24, col 8 lines 4-39); and a receiver configured to receive a modulated RF signal via a receiving antenna and to down-convert the received modulated RF signal (col 4 lines 8-20, col 4 line 61- col 5 line 24, col 8 lines 4-39); wherein the radio device further comprises a selector unit configured to controllably provide the receiver with one or the other of (1) a copy of the transmit modulated RF signal or (11) a local oscillator signal (LO) to down-convert the received modulated RF signal (fig 4 elements 406, 414, 416, 330, 312-1, 312-2, col 10 line 1-21) Fernando does not specifically disclose the device is a beamforming device. Fiore discloses a radio frequency transceiver front end (fig 3) for selectively applying a LO signal or a transmit signal to a receive module (abstract, para 0005-0007) wherein the radio device is a beamforming device. radio device (para 0048, 0061, 0063, 012, 0132, 0133) It would have been obvious to modify the invention such that it comprised the above limitations as taught by Fiore, in order to monitor the performance of the RF front end circuitry (Fiore para 0005-0007) Claim 20: Fernando discloses the selector unit comprises a first mixer and a second mixer connected in parallel, wherein the first mixer is configured to provide the LO signal being fed into its input to its output, and wherein the second mixer is configured to provide the copy of the transmit modulated RF signal being fed into its input to its output (fig 4 elements 406, 414, 416, 330, 312-1, 312-2, col 10 line 1-21) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER M BYTHROW whose telephone number is (571)270-1468. The examiner can normally be reached on Monday-Friday 830am-5pm. 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, William Kelleher can be reached on (571) 272-7753. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PETER M BYTHROW/Primary Examiner, Art Unit 3648
Read full office action

Prosecution Timeline

Dec 14, 2023
Application Filed
Dec 19, 2025
Non-Final Rejection — §102, §103
Mar 27, 2026
Interview Requested
Apr 06, 2026
Applicant Interview (Telephonic)
Apr 06, 2026
Examiner Interview Summary

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
98%
With Interview (+10.7%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 1018 resolved cases by this examiner. Grant probability derived from career allow rate.

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