Prosecution Insights
Last updated: October 22, 2026
Application No. 18/164,529

DATA COMMUNICATION APPARATUSES, METHODS FOR DATA COMMUNICATION, COMMUNICATION APPARATUSES AND METHODS FOR COMMUNICATION USING SHARED DATA

Final Rejection §103
Filed
Feb 03, 2023
Priority
Aug 05, 2020 — EU 20189711.3 +1 more
Examiner
JAVAID, JAMAL
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
OA Round
4 (Final)
88%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
888 granted / 1003 resolved
+30.5% vs TC avg
Moderate +6% lift
Without
With
+5.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
37 currently pending
Career history
1050
Total Applications
across all art units

Statute-Specific Performance

§101
7.6%
-32.4% vs TC avg
§103
61.2%
+21.2% vs TC avg
§102
12.0%
-28.0% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1003 resolved cases

Office Action

§103
DETAILED ACTION Status of Case The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This Office Action is in response to the amendment filed on 8/21/2026. Claims 1-16 are pending. Response to Arguments Applicant’s arguments filed on 8/21/2026 with respect to the pending claims have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection. 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 1, 7, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sampath (USPAN 2009/0279563) in view of Lee (USPAN 2019/0357280), Patil (USPAN 2016/0174225), and Xiong (WO 2018/085044). Consider claims 1, 13, 15, and 16, Sampath discloses data communication apparatus (see figure 2, reproduced below for convenience), and a corresponding method (see figure 6, wherein disclosed is said method), and a non-transitory digital storage medium comprising, recorded thereon, a computer program for performing a method, when the computer program runs on a computer (see paragraphs 101 and 106: computer program product) for transmitting unicast data to one or more other data communication apparatuses (see element 208 in figure 2 and step 602 in figure 6: encode unicast information for transmission) and for transmitting shared data to a plurality of other data communication apparatuses (see element 210 in figure 2 and step 604 in figure 6: encode broadcast data [shared data] for transmission), wherein the data communication apparatus is configured to transmit unicast data and shared data using a common transmission resource element time-frequency grid (see figure 3, wherein disclosed is said transmission resource element time-frequency grid; see paragraph 75: “the one or more resources are… selected from a resource set of a -shared time-frequency grid”), wherein the data communication apparatus is implemented using a hardware apparatus, or using a computer or using a combination of a hardware apparatus and a computer (see figure 2, wherein disclosed is a hardware apparatus). PNG media_image1.png 470 558 media_image1.png Greyscale Sampath does not specifically disclose to inform one or more other data communication apparatuses about an assignment of one or more dedicated identifiers associated with shared data during a connection establishment. Lee discloses to inform one or more other data communication apparatuses about an assignment of one or more dedicated identifiers associated with data during a connection establishment (see paragraph 105: the remote UE triggers informing its network allocated remote UE identifiers to the connected relay UE when a remote UE establishes connection with a new relay UE). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sampath and combine it with the noted teachings of Lee. The motivation to combine these references is to provide a method for performing management of different IDs in a relay UE in wireless communication (see paragraph 2 of Lee). Sampath does not specifically disclose that the data communication apparatus is configured to dynamically signal whether transmission resources of a slot are associated with a transmission of shared data or with a transmission of unicast data or both a transmission of shared data and a transmission of unicast data in parallel. Patil discloses that the data communication apparatus is configured to dynamically signal whether transmission resources of a slot are associated with a transmission of shared data or with a transmission of unicast data or both a transmission of shared data and a transmission of unicast data in parallel (see paragraph 519: the page control field may indicate whether data to be sent is multicast [shared] data, unicast data, or both) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sampath and combine it with the noted teachings of Patil. The motivation to combine these references is to provide a method for indicating what type of data is being sent, as well as providing traffic advertisements in a neighbor aware network (see paragraph 2 of Patil). Sampath does not specifically disclose that the apparatus can signal on a per-slot-basis regarding the resource allocation. Xiong discloses that the apparatus can signal on a per-slot-basis regarding the resource allocation (see paragraph 105: “In some embodiments, the UE 102 may receive a control message (including but not limited to an MSI, RMSI, NR SIB or RRC signaling) that indicates, for per-slot allocations for NR PUCCH transmissions: time resources of one or more symbol periods; and candidate starting PRBs for frequency resources, the frequency resources configurable on a per-slot basis.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sampath and combine it with the noted teachings of Xiong. The motivation to combine these references is to provide a method for determining PUCCH allocations as well as signaling PUCCH allocations (see paragraph 2 of Xiong). Consider claims 7 and 14, Sampath discloses data communication apparatus (see figure 2, reproduced below for convenience), and a corresponding method (see figure 6, wherein disclosed is said method), for receiving unicast data to one or more other data communication apparatuses (see element 208 in figure 2 and step 602 in figure 6: encode unicast information for transmission) and for receiving shared data to a plurality of other data communication apparatuses (see element 210 in figure 2 and step 604 in figure 6: encode broadcast data [shared data] for transmission), wherein the data communication apparatus is configured to receive unicast data and shared data using a common transmission resource element time-frequency grid (see figure 3, wherein disclosed is said transmission resource element time-frequency grid; see paragraph 75: “the one or more resources are… selected from a resource set of a -shared time-frequency grid”). PNG media_image1.png 470 558 media_image1.png Greyscale Sampath does not specifically disclose to receive and/or evaluate an information about an assignment of one or more dedicated identifiers associated with shared data during a connection establishment. Lee discloses to receive and/or evaluate an information about an assignment of one or more dedicated identifiers associated with data during a connection establishment (see paragraph 105: the remote UE triggers informing its network allocated remote UE identifiers to the connected relay UE when a remote UE establishes connection with a new relay UE). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sampath and combine it with the noted teachings of Lee. The motivation to combine these references is to provide a method for performing management of different IDs in a relay UE in wireless communication (see paragraph 2 of Lee). Sampath does not specifically disclose that the data communication apparatus is configured to dynamically signal whether transmission resources of a slot are associated with a transmission of shared data or with a transmission of unicast data or both a transmission of shared data and a transmission of unicast data in parallel. Patil discloses that the data communication apparatus is configured to dynamically signal whether transmission resources of a slot are associated with a transmission of shared data or with a transmission of unicast data or both a transmission of shared data and a transmission of unicast data in parallel (see paragraph 519: the page control field may indicate whether data to be sent is multicast [shared] data, unicast data, or both) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sampath and combine it with the noted teachings of Patil. The motivation to combine these references is to provide a method for indicating what type of data is being sent, as well as providing traffic advertisements in a neighbor aware network (see paragraph 2 of Patil). Sampath does not specifically disclose that the apparatus can signal on a per-slot-basis regarding the resource allocation. Xiong discloses that the apparatus can signal on a per-slot-basis regarding the resource allocation (see paragraph 105: “In some embodiments, the UE 102 may receive a control message (including but not limited to an MSI, RMSI, NR SIB or RRC signaling) that indicates, for per-slot allocations for NR PUCCH transmissions: time resources of one or more symbol periods; and candidate starting PRBs for frequency resources, the frequency resources configurable on a per-slot basis.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Sampath and combine it with the noted teachings of Xiong. The motivation to combine these references is to provide a method for determining PUCCH allocations as well as signaling PUCCH allocations (see paragraph 2 of Xiong). Allowable Subject Matter Claims 2-6 and 8-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamal Javaid whose telephone number is 571-270-5137 and email address is Jamal.Javaid@uspto.gov. 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, Charles Jiang, can be reached on 571-270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /JAMAL JAVAID/ Primary Examiner, Art Unit 2412 JAMAL JAVAID Primary Examiner Art Unit 2412
Read full office action

Prosecution Timeline

Show 4 earlier events
Dec 22, 2025
Response after Non-Final Action
Mar 11, 2026
Applicant Interview (Telephonic)
Mar 11, 2026
Examiner Interview Summary
Mar 12, 2026
Request for Continued Examination
Mar 20, 2026
Response after Non-Final Action
Apr 24, 2026
Non-Final Rejection mailed — §103
Aug 21, 2026
Response Filed
Oct 06, 2026
Final Rejection mailed — §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

5-6
Expected OA Rounds
88%
Grant Probability
94%
With Interview (+5.9%)
2y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1003 resolved cases by this examiner. Grant probability derived from career allowance rate.

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