Prosecution Insights
Last updated: April 19, 2026
Application No. 17/933,112

OPTIMAL MODULATION CODING SCHEME (MCS) PARAMETERS FOR WIRELESS

Non-Final OA §102§103
Filed
Sep 18, 2022
Examiner
VALLAMDASU, SHIVAKRISHNA
Art Unit
2468
Tech Center
2400 — Computer Networks
Assignee
Cisco Technology Inc.
OA Round
3 (Non-Final)
100%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allow Rate
5 granted / 5 resolved
+42.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
36 currently pending
Career history
41
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
64.3%
+24.3% vs TC avg
§102
32.2%
-7.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 5 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 . Response to Arguments Applicant's arguments filed 05/21/2025 have been fully considered but they are not persuasive.2. Applicant argues regarding Claims 1, 13,and 17, on Page 6-8 of remark section that Chen doesn’t teach newly amended claim limitations because there is no of connected dominating set of client devices beaning of identifying plurality of client devices. The examiner respectfully disagrees with the applicant.[0092] WTRUs A, B, and C form a V2X group, among which WTRU A is the group lead and WTRUs B and C are group members. [0093] WRTU D, which is outside of the access network coverage 131, communicates with WTRU F, which is inside the coverage 131. And FIG. 1E As FIG. 1E explains WTRU includes A, B, C, D, E, and F is connected dominated set (relay structure) include only some of these (e.g. WTRU F serving as a relay for WTRU D), where WTRU D is outside coverage but is dominated by WTRU F(Adjacent to the dominating set). [0149]: Note that, the AS Group Manager may be or may not belonging to the ULG group. Additionally This also shows node are outside ULG set. CDS (connected dominating set) with plurality of devices. The ULG is the complete set of client devices that need to communicate. The AS layer relay structure (the connected dominating set), this explains a subset of devices(the CDS) that is selected from the ULG to from a connected relay structure where the subset is connected internally, and every device in the ULG is either in the subset or adjacent to it.The examiner maintains prior art rejection based on cited art for claims 1-20. The examiner has carefully consider applicant’s arguments but finds them unpersuasive. As demonstrated above, Chen discloses all elements of the amended claims. 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)(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 - 5, 8, 13, 16 and 18 are rejected under 35 U.S.C 102(a)(2) as being anticipated by Chen et. al (US 20220386081 A1) With regard to Claim 1, Chen teaches: a method comprising (See FIGS. 1A, 1C and 1D), paragraph [0105], [0106]: receiving, by a computing device, information associated with a plurality of client devices (See FIG. 21, [0005],[0006],[0127]: The first device includes stored instructions which cause the first device to receive a groupcast packet, receive information about a first group of devices for the transmission of the groupcast packet), creating a map of locations of the plurality of client devices relative to an Access Point (AP) based on the information (See FIG. 2 and 6, [0127]: perform mapping of the first group of devices to one or more second groups of devices, select a second group of devices, and transmit the groupcast packet to the second groups of devices, [0154], [0155]: In the distributed approach as shown in FIG. 6, each UE discovers its group members and their AS context information via exchanging control messages. Based on the obtained group members AS context information, the UE organizes the ULG into AS layer sub-groups, configures UE-to-UE relays via dedicated control message.); identifying a connected dominating set of client devices within the plurality of client devices based on the map (See Fig 2, [0133], [0149] based on the obtained AS group context information, SL AS Group Manager organizes an ULG into AS layer sub-groups, configures UE-to-UE relays for each UE in the group and sends the AS group management configuration to the UE via dedicated control messages. Note that, the AS Group Manager may be or may not belonging to the ULG group., See FIG. 4, [0154]), wherein identifying the connected dominating set of client devices within the plurality of client devices comprises identifying the connected dominating set of client devices within the plurality of client devices that (See [0135], [0139].[0135] The AS group manager may receive AS group context information via one or more AS group context report messages, where the group context report message contains information listed in Table 2, such as an AS ID of the reporting UE, an AS ID of the group manager, a sequence number, a position, a maximum number of forwarding, maximum forward physical range, AS group context information, AS IDs of relay UEs traversed, and capability of a relay UE traversed, wherein the AS group context information includes items such as AS group IDs, relay capability, AS group context information of neighbors. The AS group manager may then send an AS Group Context report response which contains the AS ID of each relay device on the path.[0139] The first device may perform a distributed group management procedure that includes: sending AS group context information to all devices within a service range via AS Group Context Advertisement messages; sending discovery requests to, and receives discovery response from, all devices within the service range to obtain AS group context information; generating mapping rule, configuring relays for devices and sends the AS subgroup configuration information to the UE via dedicated control messages; and send groupcast data message to each subgroup of the ULG.):can reach each other through a path that stays entirely within the connected dominating set of client devices (See [0191], [0195]-[0199], [0201].[0191] The AS Group Manager may receive multiple AS Group Context Report messages from the reporting UE via different paths. The AS Group Manager may choose a path to send the AS Group Context Report Response. The response may contain the AS ID of each relay UE on the path, and these relay UEs forward the response to the reporting UE. After receiving the response, the d Reporting UE knows the Neighbor UE that can forward AS Context Report message to the AS Group Manager for future AS Group Context Report message.[0201] A UE may receive multiple AS Group Context Request messages from the AS Group Manager via different paths. The UE may choose a path to send the AS Group Context Report Response. The response may contain the AS ID of each relay UE on the path, and these relay UEs forward the response to AS Group Manager.), andeach of the plurality of client devices belongs to the connected dominating set of client devices or is adjacent to one of the connected dominating set of client devices (See [0092]-[0093], FIG. 1E[0092] WTRUs A, B, and C form a V2X group, among which WTRU A is the group lead and WTRUs B and C are group members.[0093] FIG. 1E, WRTU D, which is outside of the access network coverage 131, communicates with WTRU F, which is inside the coverage 131.); and causing a first client device in the connected dominating set to relay data between the AP and a second client device comprising a client device in the plurality of client devices that is dominated by the first client device in the connected dominating set (See FIG. 2, [0147], [0150] Based on the obtained group members AS group context information, the UE organizes the ULG into AS layer sub-groups, configures UE-to-UE relays via dedicated control message, [0155] FIG. 6, each UE discovers its group members and their AS context information via exchanging control messages. Based on the obtained group members AS context information, the UE organizes the ULG into AS layer sub-groups, configures UE-to-UE relays via dedicated control message, [0202]). With regard to Claim 2, Chen teaches: wherein the AP and the first client device communicate via unicast. (See FIG. 1, [0151]: (ii) unicast Neighbor Rx which is within the unicast distance from the Groupcast Transmitter, and/or (iii) Non-neighbor Rx which is out of the one-hop communication distance from the Groupcast Tx but can be reached via one or multiple User Plane Relays.[0151], [0156]and [0244]: Subgroup 2 contains UE 8 that can be reached via a unicast transmission. Subgroup 3 contains UE 4 that can be reached via a unicast transmission to UE 5.) With regard to Claim 3, Chen teaches: wherein the AP and the first client device communicate via broadcast. (See FIG. 1 [0115]: For example, when a gNB broadcast/multicast message to all UEs in the group, the gNB can send the message to CUE and the CUE can broadcast/multicast to all UEs in the group, [0194], The AS Group Manager first broadcasts a AS Group Context Request to its neighbors, e.g., UE 2, UE 3, UE 5, and UE 7 in FIG. 1 [0227]). With regard to Claim 4, Chen teaches: wherein the first client device and the second client device communicate via unicast. (See FIG. 1, 21, [0183]: If a UE is multiple hops away from the AS Group Manager, e.g. UE 4 as shown in FIG. 1. The UE 4 sends the AS Context Report towards the AS Group Manager via one or multiple neighbors. In one example, if UE 4 knows the UE that can forward AS Context Report message to the AS Group Manager, UE 4 will unicast the message to the UE, e.g. UE 3 in FIG. 1. [0193]: The AS Group Manager will unicast the message to the UE via relay UEs, [0244], topology in FIG. 1 is used as an example. In FIG. 1, UE 2, 4, 6, 7, and 8 are in the same ULG (ULG).) With regard to Claim 5, Chen teaches: wherein the first client device and the second client device communicate via broadcast. (See FIG. 1 [0194], The AS Group Manager first broadcasts a AS Group Context Request to its neighbors, e.g., UE 2, UE 3, UE 5, and UE 7 in FIG. 1 [0184]: UE 4 will broadcast the message to all its UE neighbors, e.g. UE 3, UE 5 and UE 8. When a UE, e.g., UE 3 in FIG. 4, receives the message [0119], [0115], [0157].) With regard to Claim 8, Chen teaches: wherein the connected dominating set comprises a minimum connected dominating set. (FIG. 1, and 1E [137]: The AS group manager may generate mapping rules, and may configure relays for devices and send the AS subgroup configuration information to a UE via dedicated control messages, wherein the message contains AS Group Management Information listed in Table 6, such as ULG member, Path to ULG member and Management Information of AS subgroup Group listed in Table 7. [0138]: When the first device sends a group management request and AS Group Context Report messages to the AS group manager, where the group context report message contains information such as that listed in Table 2. The first device may then receive a Group Context Report response from the AS group manager containing an AS ID of each relay device on the path. [0151], [0156].) With regard to Claim 13, Chen teaches: A system comprising: a memory storage (See FIG. 1G); and a processing unit coupled to the memory storage (See FIG. 1F), wherein the processing unit is operative to (See the FIG. 1G): receive information associated with a plurality of client devices (See FIG. 21, [0005],[0006],[0127]: The first device includes stored instructions which cause the first device to receive a groupcast packet, receive information about a first group of devices for the transmission of the groupcast packet); create a map of locations of the plurality of client devices relative to an Access Point (AP) based on the information (See FIG. 2 and 6, [0127]: perform mapping of the first group of devices to one or more second groups of devices, select a second group of devices, and transmit the groupcast packet to the second groups of devices, [0154], [0155]: In the distributed approach as shown in FIG. 6, each UE discovers its group members and their AS context information via exchanging control messages. Based on the obtained group members AS context information, the UE organizes the ULG into AS layer sub-groups, configures UE-to-UE relays via dedicated control message); identify a connected dominating set of client devices within the plurality of client devices based on the map (See FIG. 2 and 6, [0127]: perform mapping of the first group of devices to one or more second groups of devices, select a second group of devices, and transmit the groupcast packet to the second groups of devices, [0154], [0155]: In the distributed approach as shown in FIG. 6, each UE discovers its group members and their AS context information via exchanging control messages. Based on the obtained group members AS context information, the UE organizes the ULG into AS layer sub-groups, configures UE-to-UE relays via dedicated control message.)wherein identifying the connected dominating set of client devices within the plurality of client devices comprises identifying the connected dominating set of client devices within the plurality of client devices that (See [0135], [0139].[0135] The AS group manager may receive AS group context information via one or more AS group context report messages, where the group context report message contains information listed in Table 2, such as an AS ID of the reporting UE, an AS ID of the group manager, a sequence number, a position, a maximum number of forwarding, maximum forward physical range, AS group context information, AS IDs of relay UEs traversed, and capability of a relay UE traversed, wherein the AS group context information includes items such as AS group IDs, relay capability, AS group context information of neighbors. The AS group manager may then send an AS Group Context report response which contains the AS ID of each relay device on the path.[0139] The first device may perform a distributed group management procedure that includes: sending AS group context information to all devices within a service range via AS Group Context Advertisement messages; sending discovery requests to, and receives discovery response from, all devices within the service range to obtain AS group context information; generating mapping rule, configuring relays for devices and sends the AS subgroup configuration information to the UE via dedicated control messages; and send groupcast data message to each subgroup of the ULG.):can reach each other through a path that stays entirely within the connected dominating set of client devices (See [0191], [0195]-[0199], [0201].[0191] The AS Group Manager may receive multiple AS Group Context Report messages from the reporting UE via different paths. The AS Group Manager may choose a path to send the AS Group Context Report Response. The response may contain the AS ID of each relay UE on the path, and these relay UEs forward the response to the reporting UE. After receiving the response, the d Reporting UE knows the Neighbor UE that can forward AS Context Report message to the AS Group Manager for future AS Group Context Report message.[0201] A UE may receive multiple AS Group Context Request messages from the AS Group Manager via different paths. The UE may choose a path to send the AS Group Context Report Response. The response may contain the AS ID of each relay UE on the path, and these relay UEs forward the response to AS Group Manager.), andeach of the plurality of client devices belongs to the connected dominating set of client devices or is adjacent to one of the connected dominating set of client devices (See [0092]-[0093], FIG. 1E[0092] WTRUs A, B, and C form a V2X group, among which WTRU A is the group lead and WTRUs B and C are group members.[0093] FIG. 1E, WRTU D, which is outside of the access network coverage 131, communicates with WTRU F, which is inside the coverage 131.); and cause a first client device in the connected dominating set to relay data between the AP and a second client device comprising a client device in the plurality of client devices that is dominated by the first client device in the connected dominating set (See FIG. 2, [0147], [0150] Based on the obtained group members AS group context information, the UE organizes the ULG into AS layer sub-groups, configures UE-to-UE relays via dedicated control message, [0155] FIG. 6, each UE discovers its group members and their AS context information via exchanging control messages. Based on the obtained group members AS context information, the UE organizes the ULG into AS layer sub-groups, configures UE-to-UE relays via dedicated control message, [0202]). With regard to Claim 17, Chen teaches: a computer-readable medium that stores a set of instructions which when executed perform a method, the method executed by the set of instructions comprising (See FIG. 1D and 1F [0074], As used herein, the term “core network entity” or “network function” refers to any entity that performs one or more functionalities of a core network. It is understood that such core network entities may be logical entities that are implemented in the form of computer-executable instructions (software) stored in a memory of, and executing on a processor of, an apparatus configured for wireless and/or network communications or a computer system, such as system 90 illustrated in Figure x1G): receiving, by a computing device, information associated with a plurality of client devices (See FIG. 21, [0005],[0006],[0127]: The first device includes stored instructions which cause the first device to receive a groupcast packet, receive information about a first group of devices for the transmission of the groupcast packet); creating a map of locations of the plurality of client devices relative to an Access Point (AP) based on the information (See FIG. 2 and 6, [0127]: perform mapping of the first group of devices to one or more second groups of devices, select a second group of devices, and transmit the groupcast packet to the second groups of devices, [0154], [0155]: In the distributed approach as shown in FIG. 6, each UE discovers its group members and their AS context information via exchanging control messages. Based on the obtained group members AS context information, the UE organizes the ULG into AS layer sub-groups, configures UE-to-UE relays via dedicated control message.; identifying a connected dominating set of client devices within the plurality of client devices based on the map ((See Fig 2, [0133], [0149] based on the obtained AS group context information, SL AS Group Manager organizes an ULG into AS layer sub-groups, configures UE-to-UE relays for each UE in the group and sends the AS group management configuration to the UE via dedicated control messages. Note that, the AS Group Manager may be or may not belonging to the ULG group., See FIG. 4, [0154]),wherein identifying the connected dominating set of client devices within the plurality of client devices comprises identifying the connected dominating set of client devices within the plurality of client devices that (See [0135], [0139].[0135] The AS group manager may receive AS group context information via one or more AS group context report messages, where the group context report message contains information listed in Table 2, such as an AS ID of the reporting UE, an AS ID of the group manager, a sequence number, a position, a maximum number of forwarding, maximum forward physical range, AS group context information, AS IDs of relay UEs traversed, and capability of a relay UE traversed, wherein the AS group context information includes items such as AS group IDs, relay capability, AS group context information of neighbors. The AS group manager may then send an AS Group Context report response which contains the AS ID of each relay device on the path.[0139] The first device may perform a distributed group management procedure that includes: sending AS group context information to all devices within a service range via AS Group Context Advertisement messages; sending discovery requests to, and receives discovery response from, all devices within the service range to obtain AS group context information; generating mapping rule, configuring relays for devices and sends the AS subgroup configuration information to the UE via dedicated control messages; and send groupcast data message to each subgroup of the ULG.):can reach each other through a path that stays entirely within the connected dominating set of client devices (See [0191], [0195]-[0199], [0201].[0191] The AS Group Manager may receive multiple AS Group Context Report messages from the reporting UE via different paths. The AS Group Manager may choose a path to send the AS Group Context Report Response. The response may contain the AS ID of each relay UE on the path, and these relay UEs forward the response to the reporting UE. After receiving the response, the d Reporting UE knows the Neighbor UE that can forward AS Context Report message to the AS Group Manager for future AS Group Context Report message.[0201] A UE may receive multiple AS Group Context Request messages from the AS Group Manager via different paths. The UE may choose a path to send the AS Group Context Report Response. The response may contain the AS ID of each relay UE on the path, and these relay UEs forward the response to AS Group Manager.), andeach of the plurality of client devices belongs to the connected dominating set of client devices or is adjacent to one of the connected dominating set of client devices (See [0092]-[0093], FIG. 1E.[0092] WTRUs A, B, and C form a V2X group, among which WTRU A is the group lead and WTRUs B and C are group members.[0093] FIG. 1E, WRTU D, which is outside of the access network coverage 131, communicates with WTRU F, which is inside the coverage 131.); and causing a first client device in the connected dominating set to relay data between the AP and a second client device comprising a client device in the plurality of client devices that is dominated by the first client device in the connected dominating set (See FIG. 2, [0147], [0150] Based on the obtained group members AS group context information, the UE organizes the ULG into AS layer sub-groups, configures UE-to-UE relays via dedicated control message, [0155] FIG. 6, each UE discovers its group members and their AS context information via exchanging control messages. Based on the obtained group members AS context information, the UE organizes the ULG into AS layer sub-groups, configures UE-to-UE relays via dedicated control message, [0202]). With regard to Claim 18, Chen teaches: wherein the connected dominating set comprises a minimum connected dominating set (FIG. 1, and 1E [137]: The AS group manager may generate mapping rules, and may configure relays for devices and send the AS subgroup configuration information to a UE via dedicated control messages, wherein the message contains AS Group Management Information listed in Table 6, such as ULG member, Path to ULG member and Management Information of AS subgroup Group listed in Table 7. [0138]: When the first device sends a group management request and AS Group Context Report messages to the AS group manager, where the group context report message contains information such as that listed in Table 2. The first device may then receive a Group Context Report response from the AS group manager containing an AS ID of each relay device on the path. [0151], [0156]). 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. 9. Claim(s) 6 - 7, 9, 14 -15, 19 are rejected under U.S.C 103 as being unpatentable over Chen et al. (US 20220386081 A1) in view of Greenberg et al. (US 9847849 B2). With regard to claim 6, Chen describes: a method of communication between AP/RSU and client devices, including a relay system for efficient transmission (FIG.2 [0194], [0157]). However, Chen doesn’t explicitly disclose using a MCS between AP/RSU and client device. Similar to the system of Chen. The system of Greenberg, from the same or similar field of endeavor describes wherein a best Modulation Coding Scheme (MCS) is used between the AP and the first client device. (See FIG. 1, Col 4, Line 35-65: Various modulation schemes and coding rates may be defined by a wireless standard, which may be represented by an MCS index value. MCS index values may be used to determine the likely data rate of a Wi-Fi connection during a wireless communication between two devices (e.g., between PCP/AP 102 and a user device 120), Col 6, Line 10-15: These MCS index values may allow two devices to adjust, at least in part, the modulation format and rate of transmission. The MCS may be sent/received between the two devices using a data or control packet header. The devices would then transmit data packets based on a selected MCS value, specifying at least in part a modulation scheme and a transmission rate that may be appropriate for the communication. Col 7, Line 35-40, Col 7, Line 65 -5.) Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the AP to client device communication system of Chen to include dynamic MCS selection as taught by Greenberg, in order to improve network efficiency, enhance data transmission reliability, and optimize throughput (Greenberg: paragraph Col 4, Line 35-65). With regard to claim 7, Chen describes: Chen describes: a method of communication between client device to client devices, including a relay system for efficient transmission (FIG.2 [0194], [0157]). However, Chen doesn’t explicitly disclose using a MCS between client device to client device. Similar to the system of Chen. The system of Greenberg, from the same or similar field of endeavor describes wherein a best Modulation Coding Scheme (MCS) is used between the first client device and the second client device.(Col 2, Line 5-20: During communication between two or more devices in a 60 GHz spectrum range, devices may send and receive data frames in accordance with the communications standard, such as Wi-Fi family of standards, including IEEE 802.11ad and IEEE 802.11ay. Communication standard in the 60 GHz spectrum range may include one or more modulation and coding scheme codes (MCSs) associated with multiple-input multiple-output (MIMO), channel bonding MCS, or higher modulations formats such as 256 quadrature amplitude modulation (QAM). The one or more MCSs are represented by index values, which may be used to determine the likely data rate of a Wi-Fi connection during a wireless communication between two devices, Col 2, Line 20-30, Col 6, Line 10-15, Col 5, Line 30: In the example of FIG. 1, an MCS system may facilitate communications between two or more devices, (e.g., between PCP/AP 102 and one or more user devices 120) by using modified MSC index values for enhanced link adaptation.) Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the client device to client device communication system of Chen to include dynamic MCS selection as taught by Greenberg, in order to improve network efficiency, enhance data transmission reliability, and optimize throughput (Greenberg: paragraph Col 2, Line 5-20). With regard to claim 9, Chen describes: a method of communication where an AP communicates with a first client device, which in turn communicates with second client device using a relay based system. The system optimizes connectivity by forming connected dominating sets. However, Chen doesn’t explicitly disclose selecting or receiving an MCS used between AP and first client device to second client device. Similar to the system of Chen. The system of Greenberg, from the same or similar field of endeavor describes further comprising: receiving, by the computing device (See FIG. 5, Col 7, Line 45-60), a Modulation Coding Scheme (MCS) used between the first client device and the second client device (Col 2, Line 5-20, Col 2, Line 20-30, Col 5, Line 30 and Col 6, Line 10-15); and determining a time between sending frames from the AP to the first client device based on the MCS used between the first client device and the second client device(Col 5, Line 5-15: In one embodiment and with reference to FIG. 1, an IEEE 802.11 standard, such as, IEEE 802.11ad and/or IEEE 802.11ay may use data frames (e.g., data frame 140) that may include, among other fields, a header and payload data. The header field may convey information about the rest of the packet. The header may signal the MCS index value being used for the payload part of the packet. That is, the header may include, at least in part an MCS index value (e.g., MCS 142) that may be transmitted from one device to another in order to signal information about modulation format and coding rate that may be used by the receiving device when decoding the data, such as the payload part of the packet, Col 7, Line 35-40, Col 8, Line 25 -35, Col 8, Line 40-60.) Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the relay communication method of Chen by incorporating the MCS exchange and scheduling optimization techniques from Greenberg, in order to improve network efficiency, enhance data transmission reliability, and optimize throughput (Greenberg: paragraph Col 2, Line 5-20). Chen describes: a method of communication between AP/RSU and client devices, including a relay system for efficient transmission (FIG.2 [0194], [0157]). However, Chen doesn’t explicitly disclose using a MCS between AP/RSU and client device. With regard to claim 14, Chen describes Chen describes: a system of communication where an AP communicates with a first client device, which in turn communicates with second client device using a relay based system. The system optimizes connectivity by forming connected dominating sets. However, Chen doesn’t explicitly disclose selecting or receiving an MCS used between first client device and second client device. Similar to the system of Chen. The system of Greenberg, from the same or similar field of endeavor describes wherein the processing unit is further operative to: receive a Modulation Coding Scheme (MCS) used between the first client device and the second client device (Col 2, Line 5-20, Col 2, Line 20-30, Col 5, Line 30 and Col 6, Line 10-15); and determine a time between sending frames from the AP to the first client device based on the MCS used between the first client device and the second client device (Col 5, Line 5-15: In one embodiment and with reference to FIG. 1, an IEEE 802.11 standard, such as, IEEE 802.11ad and/or IEEE 802.11ay may use data frames (e.g., data frame 140) that may include, among other fields, a header and payload data. The header field may convey information about the rest of the packet. The header may signal the MCS index value being used for the payload part of the packet. That is, the header may include, at least in part an MCS index value (e.g., MCS 142) that may be transmitted from one device to another in order to signal information about modulation format and coding rate that may be used by the receiving device when decoding the data, such as the payload part of the packet, Col 7, Line 35-40, Col 8, Line 25 -35, Col 8, Line 40-60.) Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the relay communication method of Chen by incorporating the MCS exchange and scheduling optimization techniques from Greenberg, in order to improve network efficiency, enhance data transmission reliability, and optimize throughput (Greenberg: paragraph Col 2, Line 5-20). With regard to claim 15, Chen describes: a method of communication between AP/RSU and client devices, including a relay system for efficient transmission (FIG.2 [0194], [0157]). However, Chen doesn’t explicitly disclose using a MCS between AP/RSU and client device. Similar to the system of Chen. The system of Greenberg, from the same or similar field of endeavor describes wherein a best Modulation Coding Scheme (MCS) is used between the AP and the first client device (See FIG. 1, Col 4, Line 35-65: Various modulation schemes and coding rates may be defined by a wireless standard, which may be represented by an MCS index value. MCS index values may be used to determine the likely data rate of a Wi-Fi connection during a wireless communication between two devices (e.g., between PCP/AP 102 and a user device 120), Col 6, Line 10-15: These MCS index values may allow two devices to adjust, at least in part, the modulation format and rate of transmission. The MCS may be sent/received between the two devices using a data or control packet header. The devices would then transmit data packets based on a selected MCS value, specifying at least in part a modulation scheme and a transmission rate that may be appropriate for the communication. Col 7, Line 35-40, Col 7, Line 65 -5.) Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the AP to client device communication system of Chen to include dynamic MCS selection as taught by Greenberg, in order to improve network efficiency, enhance data transmission reliability, and optimize throughput (Greenberg: paragraph Col 4, Line 35-65). With regard to claim 19, Chen describes: a method of communication where an AP communicates with a first client device, which in turn communicates with second client device using a relay based system. The system optimizes connectivity by forming connected dominating sets. However, Chen doesn’t explicitly disclose selecting or receiving an MCS used between first client device and second client device. Similar to the system of Chen. The system of Greenberg, from the same or similar field of endeavor describes further comprising: receiving, by the computing device (See FIG. 5, Col 7, Line 45-60), a Modulation Coding Scheme (MCS) used between the first client device and the second client device (Col 2, Line 5-20, Col 2, Line 20-30, Col 5, Line 30 and Col 6, Line 10-15); and determining a time between sending frames from the AP to the first client device based on the MCS used between the first client device and the second client device.(Col 5, Line 5-15: In one embodiment and with reference to FIG. 1, an IEEE 802.11 standard, such as, IEEE 802.11ad and/or IEEE 802.11ay may use data frames (e.g., data frame 140) that may include, among other fields, a header and payload data. The header field may convey information about the rest of the packet. The header may signal the MCS index value being used for the payload part of the packet. That is, the header may include, at least in part an MCS index value (e.g., MCS 142) that may be transmitted from one device to another in order to signal information about modulation format and coding rate that may be used by the receiving device when decoding the data, such as the payload part of the packet, Col 7, Line 35-40, Col 8, Line 25 -35, Col 8, Line 40-60). Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to modify the relay communication method of Chen by incorporating the MCS exchange and scheduling optimization techniques from Greenberg, in order to improve network efficiency, enhance data transmission reliability, and optimize throughput (Greenberg: paragraph Col 2, Line 5-20). 10. Claim(s) 10 - 12, 16, and 20 are rejected under U.S.C 103 as being unpatentable over Chen et al. (US 20220386081 A1) in view of Patil et al. (US 11283759 B2). With regard to claim 10, Chen describes: a method of communication where an AP communicates with a first client device, which in turn communicates with second client device using a relay based system. The system optimizes connectivity by forming connected dominating sets. However, Chen doesn’t explicitly disclose dominating set uses a different BSS color than other devices. Similar to the system of Chen. The system of Patil, from the same or similar field of endeavor describes wherein the first client device in the connected dominating set uses a different Basic Service Set (BSS) color than other client devices in the connected dominating set (See FIG. 2 and 4, Col 14, Line 20-45, and Col 16, Line 25-30: AP 105 may detect a BSS color collision based on determining that a first attribute value associated with the AP 105 is the same as a received second attribute value. The first attribute value may be a BSS color. In some cases, the second attribute value may be received from another AP or STA 115. The second attribute value may similarly be a BSS color. In some cases the BSS color of the AP 105 and the BSS color received from another AP or STA 115 may be same or different.Col 19, Line 15-20 and Col 19, Line 30-35.: The n-bit value also may indicate a BSSID (e.g., a MAC address). The n-bit value also may indicate a SSID of a BSS, or an ESSID, or both. In some examples, STA 115-b may be associated with a first AP 105-a that communicates based on a first BSS color associated with the first AP 105-a. STA 115-b may, additionally or alternatively, receive a second attribute value. Similarly, the second attribute value may be an n-bit value identifying a BSS color, BSSID, SSID, or ESSID, or a combination thereof.) Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention would have found it obvious to combine Chen’s connected dominating set with devices and Patil’s BSS color differentiation to improve network performance and avoid interference. With regard to claim 11, Chen describes: a method of communication where an AP communicates with a first client device, which in turn communicates with second client device using a relay based system. The system optimizes connectivity by forming connected dominating sets. However, Chen doesn’t explicitly teach that the data being transmitted includes beacons. Similar to the system of Chen. The system of Patil, from the same or similar field of endeavor describes wherein the data comprises beacons(Col 16, Line 50-65, Col 18, Line 5-25, Col 19, Line 30-65, and Col 20, Line 10-15: In the implementation where both APs 105-a and 105-b have the same attribute value, the STA 115 may receive and process communications (e.g., data packets, beacons, probe response frames, association frames) from both APs 105-a and 105-b. Processing communications from both APs may result in the STA consuming excessive power and decreasing communication efficiency.) Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to modify Patil’s beacon relaying approach to ensure efficient beacon transmission within the structured network. Since Chen already describes a structured relay system, applying to Patil’s method of beacon transmission would be a predictable improvement that enhances network and communication efficiency. With regard to claim 12, Chen describes: a structure network communication system using connected dominating set, where a SL AS organizes client devices into sub groups to facilitate efficient communication. The network operates by coordinating relays and multi-hop transmissions to enhance coverage and efficiency. However, Chen doesn’t explicitly disclose that both the AP and client device send packets at the same time to avoid collision. Similar to the system of Chen. The system of Patil, from the same or similar field of endeavor describes further comprising sending, by the AP and the first client device, packets at a same time to avoid collision (See FIG. 10, Col 18, Line 30-45, Col 18, Line 65, Col 43, Line 30-40, and Col 43, Line 45-50: The receiver 410 may receive information such as packets, user data, or control information associated with various information channels (e.g., control channels, data channels, and information related to BSS color collision detection and resolution.) Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to modify Chen’s structured communication using connected dominating set, and it relies on relay based communication with Patil’s collision management techniques, enabling simultaneous AP to client transmission while preventing interference. Patil’s approach complements Chen’s system, ensuring efficient, collision free communication. With regard to claim 16, Chen describes: a method of communication where an AP communicates with a first client device, which in turn communicates with second client device using a relay based system. The system optimizes connectivity by forming connected dominating sets. However, Chen doesn’t explicitly teach that the data being transmitted includes beacons. Similar to the system of Chen. The system of Patil, from the same or similar field of wherein the data comprises beacons (Col 18, Line 30-45, Col 18, Line 65, Col 43, Line 30-40, and Col 43, Line 45-50: In the implementation where both APs 105-a and 105-b have the same attribute value, the STA 115 may receive and process communications (e.g., data packets, beacons, probe response frames, association frames) from both APs 105-a and 105-b. Processing communications from both APs may result in the STA consuming excessive power and decreasing communication efficiency.) Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention to modify Patil’s beacon relaying approach to ensure efficient beacon transmission within the structured network. Since Chen already describes a structured relay system, applying to Patil’s method of beacon transmission would be a predictable improvement that enhances network and communication efficiency. With regard to claim 20, Chen describes: a method of communication where an AP communicates with a first client device, which in turn communicates with second client device using a relay based system. The system optimizes connectivity by forming connected dominating sets. However, Chen doesn’t explicitly disclose dominating set uses a different BSS color than other devices. Similar to the system of Chen. The system of Patil, from the same or similar field of endeavor describes the computer-readable medium of claim 17, wherein the first client device in the connected dominating set uses a different Basic Service Set (BSS) color than other client devices in the connected dominating set (See FIG. 2 and 4, Col 14, Line 20-45, and Col 16, Line 25- 30: AP 105 may detect a BSS color collision based on determining that a first attribute value associated with the AP 105 is the same as a received second attribute value. The first attribute value may be a BSS color. In some cases, the second attribute value may be received from another AP or STA 115. The second attribute value may similarly be a BSS color. In some cases the BSS color of the AP 105 and the BSS color received from another AP or STA 115 may be same or different.Col 19, Line 15-20 and Col 19, Line 30-35: The n-bit value also may indicate a BSSID (e.g., a MAC address). The n-bit value also may indicate a SSID of a BSS, or an ESSID, or both. In some examples, STA 115-b may be associated with a first AP 105-a that communicates based on a first BSS color associated with the first AP 105-a. STA 115-b may, additionally or alternatively, receive a second attribute value. Similarly, the second attribute value may be an n-bit value identifying a BSS color, BSSID, SSID, or ESSID, or a combination thereof.) Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claimed invention would have found it obvious to combine Chen’s connected dominating set with devices and Patil’s BSS color differentiation to improve network performance and avoid interference. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIVAKRISHNA VALLAMDASU whose telephone number is (571)272-5249. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM 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, Smith Marcus R. can be reached on (571) 270-1096. 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. /SHIVAKRISHNA VALLAMDASU/Examiner, Art Unit 2468 /MARCUS SMITH/Supervisory Patent Examiner, Art Unit 2468
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Prosecution Timeline

Sep 18, 2022
Application Filed
Feb 14, 2025
Non-Final Rejection — §102, §103
May 08, 2025
Applicant Interview (Telephonic)
May 08, 2025
Examiner Interview Summary
May 21, 2025
Response Filed
Jul 30, 2025
Examiner Interview (Telephonic)
Aug 14, 2025
Final Rejection — §102, §103
Nov 18, 2025
Request for Continued Examination
Nov 22, 2025
Response after Non-Final Action
Dec 18, 2025
Non-Final Rejection — §102, §103 (current)

Precedent Cases

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METHOD AND APPARATUS FOR SUPPORTING NEW SERVICE IN WIRELESS COMMUNCIATION SYSTEM
2y 5m to grant Granted Apr 14, 2026
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2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
2y 8m
Median Time to Grant
High
PTA Risk
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