Prosecution Insights
Last updated: July 17, 2026
Application No. 18/892,610

PATTERNED ARTICLE INCLUDING ELECTRICALLY CONDUCTIVE ELEMENTS

Non-Final OA §102§103
Filed
Sep 23, 2024
Priority
May 06, 2019 — provisional 62/843,739 +2 more
Examiner
FREAL, JOHN BRENDAN
Art Unit
Tech Center
Assignee
3M Innovative Properties Company
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allowance Rate
182 granted / 195 resolved
+33.3% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
17 currently pending
Career history
206
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
80.9%
+40.9% vs TC avg
§102
15.6%
-24.4% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 195 resolved cases

Office Action

§102 §103
CTNF 18/892,610 CTNF 96568 DETAILED ACTION This Office Action is responsive to the Applicant’s communication filed 2 October 2024. In view of this communication, claims 1-15 are pending in the application. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim(s) 1 and 6-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xu et al. (US 20180139842 A1), hereinafter referred to as Xu et al . PNG media_image1.png 252 491 media_image1.png Greyscale Regarding claim 1, Xu et al. teaches a patterned article comprising: a unitary polymeric layer (164) (Fig. 15 and paragraph 24: protective layer 164 of second protective layer 160) ; and a plurality of electrically conductive elements (20) embedded at least partially in the unitary polymeric layer (164) (Fig. 15 and paragraph 24: conductive traces 20 formed in part in the insulating layer 164 of protective layer 160) and being electrically isolated from one another (see Figs. 4-5 and paragraphs 32-34: shielding layers formed between each conductor 20, then replaced by insulating layer 164 of protective layer 160, such that the conductors are electrically isolated) , each electrically conductive element (20) comprising: a conductive seed layer (140) having a top major surface and an opposite bottom major surface in direct contact with the unitary polymeric layer (164) (see Fig. 15 and paragraphs 24-26: conductor 140 of conductive trace 20 is covered by layer 164 of protective layer 160) , the conductive seed layer (140) comprising a monolithic metal layer (Figs. 12-13 and paragraphs 41-42: layer 140 is formed as a single, unitary layer) ; and a metallic body (120) disposed on the top major surface of the conductive seed layer (140), the metallic body having a bottom major surface and at least one sidewall, the bottom major surface contacting the conductive seed layer (140), each sidewall being in direct contact with the unitary polymeric layer (164) (paragraph 43: layer 164 of protective layer 160 is formed in the gaps between each conductive trace pattern 120) and extending from the bottom major surface of the metallic body (140) toward or to, but not past, a top major surface of the unitary polymeric layer (164) (layer 120 is formed on the bottom surface of layer 154, etched, and surrounded by layer 164 such that the upper surfaces of conductor 120 and layer 164 are flush) . Regarding claim 6, Xu et al. teaches the patterned article of claim 1, further comprising a dielectric layer (154) disposed on the top major surface of the unitary polymeric layer (164) and covering the metallic bodies (120) (Fig. 15 and paragraphs 26 and 35: the adhering layer 154 is formed on layer 164 and above the metallic bodies 120, 140) . Regarding claim 7, Xu et al. teaches the patterned article of claim 1, wherein each of the electrically conductive elements (20) comprises a micropattern of conductive traces (paragraphs 24-25: conductive elements 20 are traces with heights and widths measured in micrometers) . Regarding claim 8, Xu et al. teaches the patterned article of claim 7, wherein each conductive trace (20) in at least a majority of the conductive traces (20) in the micropattern extends along a longitudinal direction of the conductive trace (20), has a width W along a width direction orthogonal to the longitudinal direction and to a thickness direction of the unitary polymeric layer, and has a thickness T along the thickness direction, T/W being at least 0.8 (see paragraphs 25 and 43: the total thickness of the pattern 120, 140 is approximately 65-80 microns and the width of the pattern 120, 140 is 130 microns) . Regarding claim 9, Xu et al. teaches the patterned article of claim 8, wherein T/W is at least 1.2 (see paragraphs 25 and 43: the total thickness of the pattern 120, 140 is approximately 65-80 microns and the width of the pattern 120, 140 is 130 microns) . Regarding claim 10, Xu et al. teaches the patterned article of claim 8, wherein T/W is at least 2 (see paragraphs 25 and 43: the total thickness of the pattern 120, 140 is approximately 65-80 microns and the width of the pattern 120, 140 is 130 microns) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim (s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. in view of Cok (US 20150109674 A1), hereinafter referred to as Cok . Regarding claim 4, Xu et al. teaches the patterned conductive article of claim 1, but does not teach that the plurality of electrically conductive elements defines an antenna. Cok does teach that the plurality of electrically conductive elements may define an antenna (Cok Figs 9-10 and paragraph 67: the structure of two layers of conductive traces embedded in insulating layers may be used in an antenna) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the patterned conductive article of Xu et al. in an antenna as taught by Cok because Cok teaches that a configuration including layers of conductive traces embedded in insulating materials achieves a lower cost and form factor of the package while still delivering good performance (Cok paragraphs 11-16) . Regarding claim 5, Xu et al. in view of Cok teaches the patterned conductive article of claim 4, wherein the antenna comprises a retrodirective antenna array (Cok Figs 9-10 and paragraph 67: the structure of two layers of conductive traces embedded in insulating layers may be used in an antenna) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 2-3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 2, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in the claim that the first conductive element is disposed at least partially in a smallest rectangle containing the second conductive element . 12-151-07 AIA 07-97 12-51-07 Claim s 11-15 are allowed. 13-03 AIA The following is an examiner’s statement of reasons for allowance: Regarding claim 11, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in the claim that the plurality of electrically conductive elements comprises first, second, and third conductive elements such that in a top plan view of the patterned article, the first conductive element is disposed at least partially in a smallest rectangle containing the second conductive element, and the second conductive element is disposed at least partially in a smallest rectangle containing the third conductive element . Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to John B Freal whose telephone number is (571)272-4056. The examiner can normally be reached Mon-Fri 7:00-3:00. 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, Timothy J Thompson can be reached at (571)272-2342. 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. /JOHN B FREAL/Examiner, Art Unit 2847 /TIMOTHY J THOMPSON/Supervisory Patent Examiner, Art Unit 2847 Application/Control Number: 18/892,610 Page 2 Art Unit: 2847 Application/Control Number: 18/892,610 Page 3 Art Unit: 2847 Application/Control Number: 18/892,610 Page 4 Art Unit: 2847 Application/Control Number: 18/892,610 Page 6 Art Unit: 2847 Application/Control Number: 18/892,610 Page 7 Art Unit: 2847
Read full office action

Prosecution Timeline

Sep 23, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
93%
Grant Probability
99%
With Interview (+8.5%)
2y 2m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 195 resolved cases by this examiner. Grant probability derived from career allowance rate.

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