Prosecution Insights
Last updated: April 19, 2026
Application No. 17/612,922

DATA TRANSMISSION METHOD, APPARATUS, AND DEVICE, AND STORAGE MEDIUM

Non-Final OA §103
Filed
Nov 19, 2021
Examiner
KAO, JUTAI
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
BEIJING XIAOMI MOBILE SOFTWARE CO., LTD.
OA Round
6 (Non-Final)
80%
Grant Probability
Favorable
6-7
OA Rounds
3y 3m
To Grant
98%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
531 granted / 664 resolved
+22.0% vs TC avg
Strong +18% interview lift
Without
With
+17.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
34 currently pending
Career history
698
Total Applications
across all art units

Statute-Specific Performance

§101
4.1%
-35.9% vs TC avg
§103
58.1%
+18.1% vs TC avg
§102
18.5%
-21.5% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 664 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 . Response to Arguments Applicant’s arguments, see Applicant’s remarks, filed 01/26/2026, with respect to the rejection(s) of claim(s) 1-2, 9, 13-14 and 29 under 35 U.S.C> 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Jang (US 2021/0329698) in view of Tanaka (US 12,244,422 B2) and Yang (US 2020/0178299). 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. Claim(s) 1-2, 9, 13-14 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang (US 2021/0329698) in view of Tanaka (US 12,244,422 B2) and Yang (US 2020/0178299). Jang discloses the following features. Regarding claim 1, a data transmission method, comprising: generating a multi-band transmission connection establishment message frame, wherein the multi-band transmission connection establishment message frame is used to request simultaneous transmission of data frames on at least two frequency bands (see MB RTS frames 2840 sent on bands 2810, 2820 and 2830 in Fig. 28 for requesting data transmission 2860 over multiple bands as shown in Fig. 28); sensing a state of each channel on the at least two frequency bands (see “clear channel assessment (CCA) sensing results (busy/idle) of the first link 2810 to the third link 2830” recited in paragraph [0297]); sending the multi-band transmission connection establishment message frame on the at least two frequency bands in response to determining that the at least two frequency bands are all in an idle state (see “the AP 2800 can transmit the MB RTS frame 2840 through the first link 2810 to the third link 2830” recited in paragraph [0298], after the CCA described in paragraph [0297]). Regarding claim 2, wherein the multi-band transmission connection establishment message frame comprises: an initial multi-band transmission request message frame; or a multi-band request to send message frame (see MB RTS frame 2840 in Fig. 28). Regarding claim 9, wherein: sending times of the multi-band transmission connection establishment message frame on the at least two frequency bands are synchronized (see Fig. 28, wherein the MB RTS frames 2840 on bands 2810, 2820 and 2830 are synchronized). Regarding claim 13, a data transmission apparatus (see AP 2800 in Fig. 28), comprising: at least one processor; and a memory for storing executable instructions of the at least one processor (see memory 3120 and processor 3110 in the STA 3100 in Fig. 31, wherein the STA 3100 may be an AP STA as shown in paragraph [0322]); wherein, the at least one processor is configured to execute following operations when executing the executable instructions: generating a multi-band transmission connection establishment message frame, wherein the multi-band transmission connection establishment message frame is used to request simultaneous transmission of data frames on at least two frequency bands (see MB RTS frames 2840 sent on bands 2810, 2820 and 2830 in Fig. 28 for requesting data transmission 2860 over multiple bands as shown in Fig. 28); sensing a state of each channel on the at least two frequency bands (see “clear channel assessment (CCA) sensing results (busy/idle) of the first link 2810 to the third link 2830” recited in paragraph [0297]); sending the multi-band transmission connection establishment message frame on the at least two frequency bands in response to determining that the at least two frequency bands are all in an idle state (see “the AP 2800 can transmit the MB RTS frame 2840 through the first link 2810 to the third link 2830” recited in paragraph [0298], after the CCA described in paragraph [0297]). Regarding claim 14, wherein the multi-band transmission connection establishment message frame comprises: an initial multi-band transmission request message frame; or a multi-band request to send message frame (see MB RTS frame 2840 in Fig. 28). Regarding claim 29, a communication system (see AP 2800 in Fig. 28), comprising: a first device, configured to perform the following operations: generating a multi-band transmission connection establishment message frame, wherein the multi-band transmission connection establishment message frame is used to request simultaneous transmission of data frames on at least two frequency bands (see MB RTS frames 2840 sent on bands 2810, 2820 and 2830 in Fig. 28 for requesting data transmission 2860 over multiple bands as shown in Fig. 28); sensing a state of each channel on the at least two frequency bands (see “clear channel assessment (CCA) sensing results (busy/idle) of the first link 2810 to the third link 2830” recited in paragraph [0297]); sending the multi-band transmission connection establishment message frame on the at least two frequency bands in response to determining that the at least two frequency bands are all in an idle state (see “the AP 2800 can transmit the MB RTS frame 2840 through the first link 2810 to the third link 2830” recited in paragraph [0298], after the CCA described in paragraph [0297]); and a second device (see STA 2804 in Fig. 28), configured to perform the following operations: receiving a multi-band transmission connection establishment message frame on at least two frequency bands, wherein the multi-band connection establishment message frame is used to request simultaneous transmission of data frames on at least two frequency bands (see MB RTS frames 2840 sent on bands 2810, 2820 and 2830 in Fig. 28 for requesting data transmission 2860 over multiple bands as shown in Fig. 28). Jang does not disclose the following features: regarding claims 1, 13 and 29, sending different data frames on at least two frequency bands, wherein the different data frames are obtained after data to be sent is divided into blocks, wherein sensing the state of each channel on the at least two frequency bands comprises: sensing a signal strength of each channel on the at least two frequency bands by using an energy detection mechanism at a physical layer; in response to determining that the sensed signal strength exceeds a threshold, determining a state of the channel to be busy; and in response to determining that the sensed signals strength is below the threshold, determining the state of the channel to be idle; also regarding claim 29, receiving different data frames on the at least two frequency bands, wherein the different data frames are obtained after data to be sent is divided into blocks Tanaka discloses the following features. Regarding claims 1, 13 and 29, sending different data frames on at least two frequency bands, wherein the different data frames are obtained after data to be sent is divided into blocks (see Fig. 2, wherein at time t3, data being divided into 9 blocks and sent over three different bands). Regarding claim 29, receiving different data frames on the at least two frequency bands, wherein the different data frames are obtained after data to be sent is divided into blocks (see Fig. 2, wherein at time t3, data being divided into 9 blocks and sent over three different bands). Yang discloses the following features. Regarding claims 1, 13 and 29, wherein sensing the state of each channel on the at least two frequency bands (Jang as applied above shows the use of CCA on the at least two frequency bands using paragraph [0297]) comprises: sensing a signal strength of each channel on the at least two frequency bands by using an energy detection mechanism at a physical layer; in response to determining that the sensed signal strength exceeds a threshold, determining a state of the channel to be busy; and in response to determining that the sensed signals strength is below the threshold, determining the state of the channel to be idle (see “Before transmitting data, the wireless communication device must perform a CCA and determine that the appropriate wireless channel is idle. The CCA includes both physical (PHY-level) carrier sensing and virtual (MAC-level) carrier sensing. Physical carrier sensing is accomplished via a measurement of the received signal strength of a valid frame, which is then compared to a threshold to determine whether the channel is busy… If the total energy detected is above a threshold, the medium is considered busy” recited in paragraph [0073], which is supported by paragraph [0059] of the provisional application 62/744,122 of Yang). It would have been obvious to one of ordinary skill in the art at the effective filing date of the current application to modify the system of Jang using features, as taught by Tanaka and Yang, in order to realize a high transmission speed (see column 1, lines 25-30 of Tanaka) and in order to determine that the appropriate wireless channel is idle (see paragraph [0073] of Yang). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUTAI KAO whose telephone number is (571)272-9719. The examiner can normally be reached Monday-Friday 8:00-17:00 EST. 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, Kwang Yao can be reached at (571)272-3182. 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. /JUTAI KAO/Primary Examiner, Art Unit 2473
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Prosecution Timeline

Nov 19, 2021
Application Filed
Jun 21, 2024
Non-Final Rejection — §103
Sep 19, 2024
Response Filed
Sep 23, 2024
Final Rejection — §103
Nov 08, 2024
Response after Non-Final Action
Nov 20, 2024
Examiner Interview (Telephonic)
Nov 21, 2024
Response after Non-Final Action
Dec 12, 2024
Request for Continued Examination
Dec 17, 2024
Response after Non-Final Action
Apr 04, 2025
Non-Final Rejection — §103
Jun 23, 2025
Response Filed
Sep 15, 2025
Final Rejection — §103
Oct 22, 2025
Response after Non-Final Action
Nov 10, 2025
Request for Continued Examination
Nov 13, 2025
Response after Non-Final Action
Nov 14, 2025
Non-Final Rejection — §103
Jan 26, 2026
Response Filed
Mar 12, 2026
Non-Final Rejection — §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

6-7
Expected OA Rounds
80%
Grant Probability
98%
With Interview (+17.6%)
3y 3m
Median Time to Grant
High
PTA Risk
Based on 664 resolved cases by this examiner. Grant probability derived from career allow rate.

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