Prosecution Insights
Last updated: October 27, 2026
Application No. 19/158,399

RADIATOR, ANTENNA, MOBILE COMMUNICATION BASE STATION AS WELL AS USER DEVICE

Non-Final OA §102§103
Filed
Aug 20, 2025
Priority
Feb 22, 2023 — nonprovisional of PCTEP2023054368
Examiner
DUONG, DIEU HIEN
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
826 granted / 1055 resolved
+10.3% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
22 currently pending
Career history
1079
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
51.7%
+11.7% vs TC avg
§102
28.1%
-11.9% vs TC avg
§112
16.8%
-23.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1055 resolved cases

Office Action

§102 §103
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 Objections Claim 1 is objected to because of the following informalities: line 7, the phrase “one of the at least one surfaces” should be changed to “one of the at least one surface”. Appropriate correction is required. Claim Rejections - 35 USC § 102 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. (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. Claims 1-3, 5-10 and 13-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al (US 2022/0320716). Regarding claim 1, Zhang discloses in Figures 1-4, a radiator for an antenna, the radiator comprising a carrier (123, Fig. 1B) providing at least one surface; a radiating structure (121a, 121b, 122a, 122b, Figures 1B, 2A-2G); and at least a first transparent structure (121c, 121d, 122c, 122d, Figs. 1B, 2A-2G), wherein the radiating structure is configured for emitting and receiving electromagnetic waves in a first frequency band (“first operating frequency range”, par. 0091), the radiating structure is applied to one of the at least one surfaces of the carrier (123), the first transparent structure (121c, 121d, 122c, 122d, Figs. 1B, 2A) is applied to the same surface as the radiating structure (121a, 121b, 122a, 122b, Figs. 1B, 2A-2E) or to a different one of the at least one surface of the carrier, and the first transparency structure (121c, 121d, 122c, 122d) comprises a plurality of filter elements (121c, 121d, 122c, 122d) for forming a frequency selective surface (see par. 0087) arranged at least in the region of the radiating structure (Figs. 1A, 2A-2E). Regarding claim 2, as applied to claim 1, Zhang discloses in Figures 1B, 2A-2E, wherein the filter elements (121c, 121d, 122c, 122d) are arranged in an array and/or are galvanically isolated from one another. Regarding claim 3, as applied as claim 1, Zhang discloses in Figure 1B and 2A-2E, wherein the geometry of the filter elements (121c, 121d, 122c, 122d) is a rectangle, a square (see Figs, 2c, 2d), a tripod, a cross, or a Jerusalem cross. Regarding claim 5, as applied to claim 1, Zhang discloses in pars. 0084-0087, wherein the first frequency transparent structure is a frequency selective filter. Regarding claim 6, as applied to claim 1, Zhang discloses in Figures 1B, 2A-2G and par. 0091, wherein the first transparency structure (121c, 121d, 122c, 122d) configured as a band pass filter for a second frequency band (“the frequency selective surface of the first radiating element 100 may be configured to allow radiation in the second operating frequency range to pass”, par. 0091). Regarding claim 7, as applied to claim 1, Zhang discloses in Figure 1B and par. 01070, wherein the carrier (123) is a dielectric. Regarding claim 8, as applied to claim 1, Zhang discloses in par. 0081, wherein the radiating structure and/or the filter elements are formed as a metallization applied to the respective surface of the carrier. Regarding claim 9, as applied to claim 1, Zhang discloses in Figures 1B, 2A-2G and par. 0070, wherein the radiating structure (121a, 121a, 122a, 122b) comprises at least one dipole (par. 0070). Regarding claim 10, as applied to claim 1, Zhang discloses in Figures 1B, 2A-2E wherein the filter elements (121c, 121d, 122c, 122d) are provided in the entire region of the radiating structure or only in most of the region of the radiating structure. Regarding claim 13, as applied to claim 1, Zhang discloses in Figures 2F-2G and par. 0077-0078, wherein the radiator further comprises a second transparent structure, the first transparency structure (121c1) is applied to a first surface of the carrier (123), the second transparency structure (121c2) is applied to a second surface of the carrier, and the second surface of the carrier is different than the first surface of the carrier. Regarding claim 14, Zhang discloses in Figures 1B, 2A-2G, 3, an antenna, the antenna comprising: a first radiator (100, Fig. 3A-3B), the first radiator (100) comprising: a carrier (123, Fig. 1B, 2A-2G) providing at least one surface; a radiating structure (121a, 121b, 122a, 122b, Figs. 1B, 2A-2G); and at least a first transparency structure (121c, 121d, 122c, 122d, Figs. 1B, 2A-2G), wherein the radiating structure is configured for emitting and receiving electromagnetic waves in a first frequency band, the radiating structure is applied to one of the at least one surfaces of the carrier (123), the first transparency structure is applied to the same surface as the radiating structure or to a different one of the at least one surface of the carrier, and the first transparency structure comprises a plurality of filter elements (121c, 121d, 122c, 122d) for forming a frequency selective surface (par. 0087) arranged at least in the region of the radiating structure. Regarding claim 15, as applied to claim 14, Zhang discloses in Figure 3 and par. 0091, wherein the antenna further comprises a second radiator (200) designed for a second frequency band. Regarding claim 16, as applied to claim 14, Zhang discloses in Figure 3 and par. 0091, a base station wherein the antenna further comprises a second radiator (200) designed for a second frequency band. 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 4 and 17 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2022/0320716). Regarding claim 4, Zhang discloses every feature of claimed invention as expressly recited in claim 1, except for the filter elements having a size smaller than 1/20 of a wavelength of an average frequency of the first frequency band. However, such difference is not patentable merit. Zhang discloses in par. 0082, the size of the filter elements is set for passing desired frequency range. It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to set the size of the filter elements being smaller than 1/20 of a wavelength of an average frequency of the first frequency band to pass a desired frequency range and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only ordinary skill in the art. In re Aller, 105 USPQ 233. Regarding claim 17, Zhang discloses the antenna of claim 14. Zhang is silent on a user equipment comprising the antenna of claim 14. However, such difference is not patentable merit. It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to incorporate the antenna of Zhang to a user equipment to perform the wireless function for the user equipment. Therefore, to employ having the user equipment as claimed invention would have been obvious to person skill in the art. Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 2022/0320716) in view of Khattak et al (US 2023/0261387). Regarding claims 11-12, Zhang discloses every feature of claimed invention as expressly recited in claim 1, except for wherein the first transparent structure comprising first filter elements and second filter elements, wherein the first filter elements are different from the second filter elements; wherein the first filter elements and the second filter elements are arranged in different portions of the region of the radiating structure. Khattak discloses in par. 0045, wherein the first transparent structure comprising first filter elements (306) and second filter elements, wherein the first filter elements are different from the second filter elements; wherein the first filter elements and the second filter elements are arranged in different portions of the region of the radiating structure. It would have been obvious to one having ordinary skill in the art before the effective filing date of claimed invention to modify the transparent structure of Zhang with the transparent structure having a first filter elements and second filter elements as taught by Khattak to optimize the radiation characteristic for the antenna. Therefore, to employ having the transparent structure as claimed invention would have been obvious to person skill in the art. Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIEU HIEN T DUONG whose telephone number is (571)272-8980. The examiner can normally be reached 8:00am-4:00pm. 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, DIMARY CRUZ LOPEZ can be reached at 571-270-7893. 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. /DIEU HIEN T DUONG/ Primary Examiner, Art Unit 2845
Read full office action

Prosecution Timeline

Aug 20, 2025
Application Filed
Oct 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
78%
Grant Probability
95%
With Interview (+16.5%)
2y 7m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1055 resolved cases by this examiner. Grant probability derived from career allowance rate.

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