Prosecution Insights
Last updated: August 13, 2026
Application No. 17/458,828

SUPPORT BEACON(S) FOR SYNCHRONIZATION TO A MULTICAST MESSAGE IN NON-COORDINATED NETWORKS

Non-Final OA §103
Filed
Aug 27, 2021
Priority
Feb 28, 2019 — DE 102019202742.3 +1 more
Examiner
GENACK, MATTHEW W
Art Unit
2645
Tech Center
2600 — Communications
Assignee
Diehl Metering GmbH
OA Round
5 (Non-Final)
64%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
360 granted / 562 resolved
+2.1% vs TC avg
Strong +22% interview lift
Without
With
+22.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
32 currently pending
Career history
596
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
65.9%
+25.9% vs TC avg
§102
21.8%
-18.2% vs TC avg
§112
6.4%
-33.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 562 resolved cases

Office Action

§103
DETAILED ACTION Continued Examination Under 37 CFR 1.114 1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 29 April 2026 has been entered. Response to Arguments 2. Applicant's arguments filed 29 April 2026 have been fully considered but they are not persuasive. Applicant asserts, on pages 8-9 of Remarks, that “First, pars. [0076] and [0084] of Cherian relate to different examples that are applied alternatively and not at the same time as required by claim 1 due to the underlined "and," so that Cherian does not disclose the combination of: transmitting asynchronously to the base station an uplink data transfer, AND receiving [...] a downlink data transfer, wherein the downlink data transfer is temporally synchronized with respect to the asynchronous uplink data transfer. Specifically, par. [0076] is part of an example disclosed in pars. [0075]-[0080] in which a full-duplex communication at the access point (AP) is initiated by the access point (AP), which transmits in downlink a trigger frame, where the wireless station (STA) performs an energy detection (CCA) check and, if successful, the wireless station (STA) begins transmitting an uplink (reverse) PPDU, while the access point (AP) simultaneously transmits the downlink (forward) PPDU. The result is a simultaneous uplink and downlink transmission (full-duplex) initiated by the trigger frame of the Access Point (AP). Par. [0076] then describes regarding this example that the trigger frame can identify multiple wireless stations (STAs) which can transmit multiple reverse (uplink) PPDUs to the access point (AP) during a single forward (downlink) PPDU from the access point (AP). This enables asynchronous uplink transmissions within one downlink period. In contrast, par. [0084] is part of an example disclosed in pars. [0083]-[0084] in which a full-duplex communication at the access point (AP) is initiated by the station (STA). In this example, the wireless station (STA) acquires the channel first using EDCA and, after gaining access, the STA sends a clear-to-send (CTS/XTS) signal to the access point (AP) enabling the access point (AP) to use the same transmission opportunity. That is, pars. [0076] and [0084] are alternatives that cannot be combined because different entities initiate the procedure.” Applicant’s assertion is moot, because the embodiment that is associated with paragraphs [0075]-[0076] and Fig. 10 of Cherian, discloses this combination of features. Cherian states, in paragraph [0075]: “An example is shown in FIG. 10, which illustrates various examples of channel access sequences 1000, 1002. Channel access sequence 1000 shows trigger frame T transmitted on the DL before the forward PPDU. Based on receiving trigger frame T (e.g., the signal from the AP 105, as described above), communicating component 450 can transmit the reverse PPDU on the UL (e.g., the one or more signals from the STA 115, as described above) while AP 105 also transmits the forward PPDU on the downlink in full-duplex communication, where the UL communication from the STA 115 and the downlink communication from the AP 105 may occur over the same channel, different channels that overlap or are neighboring or near to one another in frequency, etc.” [emphasis added]. Full-duplex communication, by definition, entails simultaneous communication in each direction, and Cherian explicitly states, and Fig. 10 illustrates, the uplink transmission occurring at the same time as the downlink transmission. Cherian further states, in paragraph [0076]: “In addition, in this example, channel access may be provided to different STAs based on an indication by the AP 105, which may facilitate asynchronous DL and UL traffic. In this example, multiple reverse PPDUs can be transmitted by different STAs to the AP 105 during a single forward PPDU from the AP 105.” [emphasis added]. Here, Cherian explicitly states that the AP transmits a forward PPDU on the downlink during the time when asynchronous data is being transmitted on the uplink. Therefore, Cherian clearly discloses the combination of “transmitting asynchronously to the base station an uplink data transfer” and “receiving [...] a downlink data transfer, wherein the downlink data transfer is temporally synchronized with respect to the asynchronous uplink data transfer” within a single embodiment. Applicant asserts, on pages 9-10 of Remarks, that “Second, Cherian fails to disclose the following feature: "wherein the participant is configured to receive, temporally synchronized to the uplink data transfer, a downlink data transfer from the base station, wherein the downlink data transfer is temporally synchronized with respect to the asynchronous uplink data transfer." That is, according to claim 1, uplink data transfer and downlink data transfer is performed between the same entities, i.e. participant and base station. In contrast, according to par. [0085] "In this example, the STA can perform a STA countdown to acquire the channel, and then can transmit the XTS to the AP 105 The AP 105 can accordingly transmit one or more forward PPDUs (e.g., to other STAs 115 on the same channel or link, a different channel or link that is overlapping, neighboring, or otherwise nearby in frequency, etc.) while the STA that transmitted the XTS transmits a reverse PPDU to the AP 105 in full-duplex communication at the AP 105." The reason is that in both of the examples of pars. [0075]-[0080] and [0084]-[0085] only the access point (AP) supports full-duplex communication, whereas the wireless station (STA) only supports half-duplex communication, referred to as first configuration in Cherian. See par. [0025]: "a first configuration may be defined where access points (APs) may support full-duplex communications, while mobile stations (STAs) that communicate with the APs may not support full-duplex communications." In view of the above, Cherian fails to disclose the to show the following distinctive features of claim 1: "wherein the participant is configured to transmit asynchronously to the base station an uplink data transfer, and to receive, temporally synchronized to the uplink data transfer, a downlink data transfer from the base station, wherein the downlink data transfer is temporally synchronized with respect to the asynchronous uplink data transfer."” On the contrary, as shown above, Cherian discloses full-duplex communication in paragraph [0075]. Full-duplex communication is a property of both communicating devices. In other words, it’s not possible for the access point to be in full duplex mode while communicating with the wireless station and for said wireless station to be in half duplex mode. Cherian explicitly states, in paragraph [0076], that uplink transmissions are concurrent with the reception of the forward PPDU from the access point: “Thus, communicating component 450 of multiple STAs 115 can receive the trigger frame, and can determine whether they are scheduled to receive signals in the forward PPDU transmitted by the AP 105. For example, the information in the trigger frame may allow for temporarily grouping STAs such that each group can concurrently send UL PPDUs.” [emphasis added]. Claim Rejections - 35 USC § 103 3. 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. 4. 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. 5. 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. 6. Claims 1-6, 8-15, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Warner et al., U.S. Patent Application Publication 2011/0176464 (hereinafter Warner), in view of Cherian et al., U.S. Patent Application Publication 2019/0296885 (hereinafter Cherian). Regarding claim 1, Warner discloses a participant of a communication system (disclosed is a mobile node that participates in a wireless communication system, according to [0009]), wherein the participant is configured to transmit data uncoordinatedly with respect to other participants and/or a base station of the communication system (the mobile node transmits packets to the wireless communication system in an uncoordinated manner in relation to other mobile nodes [“other participants”], according to [0011], [0027], Fig. 1), wherein the participant is configured to receive one or several support beacons from the base station of the communication system, wherein the one or several support beacons comprise synchronization information (the mobile node receives beacons from a base station, wherein the beacons comprise beacon data [“synchronization information”] that enable said mobile node to perform synchronization with respect to allocated time slots, according to [0027]-[0028]), wherein the participant is configured to receive a point-to-multipoint data transfer of the base station on the basis of the synchronization information (a plurality of mobile nodes receive a base station broadcast [“point-to-multipoint data transfer”] via one of the aforementioned allocated time slots (that were specified in the beacon data, as outlined above), according to [0038]), wherein the participant is configured to receive, temporally synchronized to an uplink data transfer, a downlink data transfer from the base station, wherein the downlink data transfer comprises signaling information, wherein the signaling information signals the transfer of the support beacon or of at least one of the several support beacons (uplink and downlink packet transmissions are temporally synchronized, according to [0027], Fig. 1, whereby the mobile node receives, via one of the allocated time slots, an indication of a new beacon time slot [“transfer of at least one of the several support beacons”], according to [0038]), wherein the participant is configured to receive the one or at least one of the several support beacons on the basis of the signaling information (the mobile node switches to the new beacon time slot after receiving the indication of said new beacon time slot, according to [0038]). Warner does not expressly disclose that the participant is configured to transmit asynchronously to the base station an uplink data transfer, wherein the downlink data transfer is temporally synchronized with respect to the asynchronous uplink data transfer. Cherian discloses that the participant is configured to transmit asynchronously to the base station an uplink data transfer, wherein the downlink data transfer is temporally synchronized with respect to the asynchronous uplink data transfer (uplink traffic is transmitted asynchronously from a wireless station to an access point during the time that a forward PPDU is being transmitted by said access point on the downlink, according to [0075]-[0076], Fig. 10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Warner with Cherian such that the participant is configured to transmit asynchronously to the base station an uplink data transfer, wherein the downlink data transfer is temporally synchronized with respect to the asynchronous uplink data transfer. One of ordinary skill in the art would have been motivated to make this modification in order to conserve communication resources (Cherian: [0076]). Regarding claim 10, recites a base station of a communication system (Warner discloses a base station that is part of a radio network, according to [0025]) that engages in communication with the participant of the communication system recited in claim 1, and is therefore rejected on the same grounds as claim 1. Regarding claim 2, the combination of Warner and Cherian discloses all the limitations of claim 1. Additionally, Warner discloses the participant according claim 1, wherein the signaling information comprises information about at least one of: a point in time or time interval of the transfer of the one support beacon or of at least one of the several support beacons, a frequency channel or frequency interval of the transfer of the one support beacon or of at least one of the several support beacons, a time and/or frequency hopping pattern based on which the support beacons are transferred (the mobile node is informed of the new beacon time slot to switch to [“a point in time or time interval of the transfer of the one support beacon or of at least one of the several support beacons”], according to [0038]). Regarding claim 3, the combination of Warner and Cherian discloses all the limitations of claim 1. Additionally, Warner discloses the participant according to claim 1, wherein the synchronization information comprises information about at least one of: a point in time or time interval of the transfer of a further support beacon and/or of the point-to-multipoint data transfer, a frequency channel or frequency interval of the transfer of a further support beacon and/or of the point-to-multipoint data transfer, and a time and/or frequency hopping pattern on the basis of which the further support beacon and/or the point-to-multipoint data transfer is transferred (the beacon data comprises specifications of the allocated time slots for receiving packets from other base stations [“a point in time or time interval of the transfer of a further support beacon and/or of the point-to-multipoint data transfer”], according to [0027]). Regarding claim 4, the combination of Warner and Cherian discloses all the limitations of claim 1. Additionally, Warner discloses the participant according to claim 1, wherein the synchronization information comprises a synchronization sequence for synchronizing the participant to the respective support beacon, wherein the participant is configured to synchronize itself to the respective support beacon on the basis of the synchronization sequence (the mobile node synchronizes to the frequency hopping sequence of the base station beacon, according to [0012], [0026], [0035]). Regarding claim 5, the combination of Warner and Cherian discloses all the limitations of claim 1. Additionally, Warner discloses the participant according to claim 1, wherein the participant is configured to receive the several support beacons so as to synchronize itself and/or maintain itself synchronized to the point-to-multipoint data transfer of the base station on the basis of the synchronization information comprised by the support beacons (the mobile node synchronizes to a plurality of beacons, according to [0035]). Regarding claim 6, the combination of Warner and Cherian discloses all the limitations of claim 1. Additionally, Warner discloses the participant according to claim 1, wherein the several support beacons are transferred in regular intervals or in intervals that are regular on average, wherein the participant knows the intervals between the transfers of the support beacons, or wherein the several support beacons are transferred at specified points in time and/or with specified time intervals and/or in specified frequency channels and/or in specified frequency channel intervals and/or according to a specified time hopping pattern and/or according to a specified frequency hopping pattern; or wherein at least one of the support beacons comprises information about a transfer of a subsequent support beacon, wherein the participant is configured to receive the subsequent support beacon on the basis of the information about the transfer of the subsequent support beacon; or wherein a point in time and/or a frequency channel of the transfer of at least one of the support beacons is derived from information transferred with a preceding support beacon, wherein the participant is configured to derive the point in time and/or the frequency channel of the transfer of the at least one support beacon from the information transferred with the preceding support beacon so as to receive the at least one support beacon; or wherein points in time and/or frequency channels, or a time hopping pattern and/or a frequency hopping pattern of the transfer of the several support beacons are determined on the basis of a calculation rule, wherein the signaling information and/or the synchronization information of at least one of the support beacons comprises information about a current state of the calculation rule, wherein the participant is configured to determine the points in time and/or the frequency channels, and/or the time hopping pattern and/or the frequency hopping pattern of the transfer of the several support beacons on the basis of the calculation rule and the current state of the calculation rule so as to receive the several support beacons (123_1-123_m) (a base station periodically transmits beacons and the mobile node is time synchronized to said base station [“wherein the several support beacons are transferred in regular intervals or in intervals that are regular on average, wherein the participant knows the intervals between the transfers of the support beacons”], according to [0010], [0035]). Regarding claim 8, the combination of Warner and Cherian discloses all the limitations of claim 1. Additionally, Warner discloses the participant according to claim 1, wherein the support beacon or at least one of several support beacons comprises information about the point-to-multipoint data transfer, wherein the participant is configured to receive the point-to-multipoint data transfer on the basis of the information about the point-to-multipoint data transfer (mobile nodes are informed of the new beacon time slot to which they should switch to receive a transmission from a new master base station, according to [0038]). Regarding claim 9, the combination of Warner and Cherian discloses all the limitations of claim 1. Additionally, Warner discloses the participant according to claim 1, wherein the support beacon or at least one of the several support beacons comprises point-to-multipoint data transfer allocation information, wherein one of several point-to-multipoint data transfers of the base station is allocated for reception to the participant on the basis of the point-to-multipoint data transfer allocation information (a beacon of a new master base station is used to inform mobile nodes of the new beacon time slot that said mobile nodes should switch to, according to [0038]). Claims 11-15 and 17-18 do not differ substantively from claims 2-6 and 8-9, respectively, and are therefore rejected on the same grounds as claims 2-6 and 8-9, respectively. 7. Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Warner in view of Cherian as applied to claims 1 and 15 above, further in view of Worrall et al., U.S. Patent Application Publication 2016/0142856 (hereinafter Worrall). Regarding claim 7, the combination of Warner and Cherian discloses all the limitations of claim 1. Neither Warner nor Cherian expressly discloses that payload data of the point-to-multipoint data transfer are divided into a plurality of payload data parts, wherein at least one part of the payload data parts is respectively transferred together with a support beacon. Worrall discloses that payload data of the point-to-multipoint data transfer are divided into a plurality of payload data parts, wherein at least one part of the payload data parts is respectively transferred together with a support beacon (a beacon includes a preamble and a payload, whereby said payload is divided into a plurality of different data portions, according to [0051]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Warner as modified by Cherian with Worrall such that payload data of the point-to-multipoint data transfer are divided into a plurality of payload data parts, wherein at least one part of the payload data parts is respectively transferred together with a support beacon. One of ordinary skill in the art would have been motivated to make this modification in order to facilitate customizable Bluetooth advertisements (Worrall: [0047]). Claim 16 does not differ substantively from claim 7, and is therefore rejected on the same grounds as claim 7. Conclusion 8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W GENACK whose telephone number is (571)272-7541. The examiner can normally be reached Monday through Friday, 9:00 AM to 5:00 PM Eastern Time. 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 on 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. /MATTHEW W GENACK/Primary Examiner, Art Unit 2645
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Prosecution Timeline

Show 4 earlier events
Mar 10, 2025
Request for Continued Examination
Mar 11, 2025
Response after Non-Final Action
Apr 02, 2025
Non-Final Rejection mailed — §103
Sep 02, 2025
Response Filed
Dec 04, 2025
Final Rejection mailed — §103
Apr 29, 2026
Request for Continued Examination
May 04, 2026
Response after Non-Final Action
Jul 28, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
64%
Grant Probability
86%
With Interview (+22.3%)
3y 6m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 562 resolved cases by this examiner. Grant probability derived from career allowance rate.

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