Prosecution Insights
Last updated: April 19, 2026
Application No. 18/187,483

COMMUNICATION APPARATUS AND COMMUNICATION METHOD

Final Rejection §103
Filed
Mar 21, 2023
Examiner
PEI, PATRICK YIPAO
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Panasonic Holdings Corporation
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
15 granted / 19 resolved
+20.9% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
26 currently pending
Career history
45
Total Applications
across all art units

Statute-Specific Performance

§103
63.2%
+23.2% vs TC avg
§102
34.5%
-5.5% vs TC avg
§112
2.2%
-37.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 19 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant’s arguments with respect to claims 1, 5, 6, and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Claims 1 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Horiguchi et al. US 20080260084 A1 (Foreign Priority April 20, 2007) in view of Sachs et al. US 20200259896 A1 (Domestic Priority February 13, 2019). Regarding claim 1 (Currently Amended), Horiguchi discloses a communication apparatus comprising: control circuitry (see, circuit as external module of PC, sections 0035-0038; noted, circuit can be control circuit, section 0006) which, in operation, based on a propagation characteristic between the communication apparatus and a communication partner, makes a setting of enabling or disabling of first communication using a first radio frequency band (see, radio communication module of a frequency band determines whether the communication is enabled or disabled, section 0050; noted, the first frequency band being affected by different signal power, sections 0007-0015) and makes a setting of enabling or disabling of second communication using a second radio frequency band (see, radio communication module of a frequency band determines whether the communication is enabled or disabled, section 0050; noted, the second frequency band being affected by different signal power, sections 0007-0015) lower than the first radio frequency band (see, radio communication module sensing the main band to know the usage of the frequency and determine that the frequency band whose power is lower than a threshold of the available band, section 0073); and communication circuitry (see, communication scheme and communication frequency selection processing unit associated with circuits, section 0068) which, in operation, performs the first communication or the second communication in accordance with the setting of the enabling or disabling of the first communication (noted, when the radio communication module determines whether commination is enabled or disabled, it notifies other radio communication apparatus to perform different processing, section 0050; noted, the first frequency band being affected by different signal power, sections 0007-0015) and the setting of the enabling or disabling of the second communication (noted, when the radio communication module determines whether commination is enabled or disabled, it notifies other radio communication apparatus to perform different processing, section 0050; noted, the second frequency band being affected by different signal power, sections 0007-0015). Horiguchi discloses all claim limitations but fail to explicitly disclose: based on a propagation characteristic between the communication apparatus and a communication partner, makes a setting of enabling or disabling of first communication using a first radio frequency band (see, radio communication module of a frequency band determines whether the communication is enabled or disabled, section 0050; noted, the first frequency band being affected by different signal power, sections 0007-0015) and makes a setting of enabling or disabling of second communication using a second radio frequency band (see, radio communication module of a frequency band determines whether the communication is enabled or disabled, section 0050; noted, the second frequency band being affected by different signal power, sections 0007-0015) lower than the first radio frequency band (see, radio communication module sensing the main band to know the usage of the frequency and determine that the frequency band whose power is lower than a threshold of the available band, section 0073); and communication circuitry (see, communication scheme and communication frequency selection processing unit associated with circuits, section 0068) which, in operation, performs the first communication or the second communication in accordance with the setting of the enabling or disabling of the first communication (noted, when the radio communication module determines whether commination is enabled or disabled, it notifies other radio communication apparatus to perform different processing, section 0050; noted, the first frequency band being affected by different signal power, sections 0007-0015) and the setting of the enabling or disabling of the second communication (noted, when the radio communication module determines whether commination is enabled or disabled, it notifies other radio communication apparatus to perform different processing, section 0050; noted, the second frequency band being affected by different signal power, sections 0007-0015). However Sachs from a similar field of endeavor disclose: based on a propagation characteristic between the communication apparatus and a communication partner (see, propagation characteristics of transmitters used for transmitting power control and beamforming, section 0478 Sachs), makes a setting of enabling or disabling of first communication using a first radio frequency band and makes a setting of enabling or disabling of second communication using a second radio frequency band lower than the first radio frequency band; and communication circuitry which, in operation, performs the first communication or the second communication in accordance with the setting of the enabling or disabling of the first communication and the setting of the enabling or disabling of the second communication. In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the radio communication module of Horiguchi with the propagation characteristics of Sachs. The motivation would have been to improve radio communication technology. Regarding claim 17 (Currently Amended), Horiguchi discloses a communication method performed by a communication apparatus, the communication method comprising: based on a propagation characteristic between the communication apparatus and another communication apparatus, making a setting of enabling or disabling of first communication using a first radio frequency band (see, radio communication module of a frequency band determines whether the communication is enabled or disabled, section 0050; noted, the first frequency band being affected by different signal power, sections 0007-0015) and making a setting of enabling or disabling of second communication using a second radio frequency band (see, radio communication module of a frequency band determines whether the communication is enabled or disabled, section 0050; noted, the second frequency band being affected by different signal power, sections 0007-0015) lower than the first radio frequency band (see, radio communication module sensing the main band to know the usage of the frequency and determine that the frequency band whose power is lower than a threshold of the available band, section 0073); and performing the first communication or the second communication in accordance with the setting of the enabling or disabling of the first communication (noted, when the radio communication module determines whether commination is enabled or disabled, it notifies other radio communication apparatus to perform different processing, section 0050; noted, the first frequency band being affected by different signal power, sections 0007-0015) and the setting of the enabling or disabling of the second communication (noted, when the radio communication module determines whether commination is enabled or disabled, it notifies other radio communication apparatus to perform different processing, section 0050; noted, the second frequency band being affected by different signal power, sections 0007-0015). Horiguchi discloses all claim limitations but fail to explicitly disclose: based on a propagation characteristic between the communication apparatus and another communication apparatus, making a setting of enabling or disabling of first communication using a first radio frequency band (see, radio communication module of a frequency band determines whether the communication is enabled or disabled, section 0050; noted, the first frequency band being affected by different signal power, sections 0007-0015) and making a setting of enabling or disabling of second communication using a second radio frequency band (see, radio communication module of a frequency band determines whether the communication is enabled or disabled, section 0050; noted, the second frequency band being affected by different signal power, sections 0007-0015) lower than the first radio frequency band (see, radio communication module sensing the main band to know the usage of the frequency and determine that the frequency band whose power is lower than a threshold of the available band, section 0073); and performing the first communication or the second communication in accordance with the setting of the enabling or disabling of the first communication (noted, when the radio communication module determines whether commination is enabled or disabled, it notifies other radio communication apparatus to perform different processing, section 0050; noted, the first frequency band being affected by different signal power, sections 0007-0015) and the setting of the enabling or disabling of the second communication (noted, when the radio communication module determines whether commination is enabled or disabled, it notifies other radio communication apparatus to perform different processing, section 0050; noted, the second frequency band being affected by different signal power, sections 0007-0015). However Sachs from a similar field of endeavor disclose: based on a propagation characteristic between the communication apparatus and another communication apparatus (see, propagation characteristics of transmitters used for transmitting power control and beamforming, section 0478 Sachs), making a setting of enabling or disabling of first communication using a first radio frequency band and making a setting of enabling or disabling of second communication using a second radio frequency band lower than the first radio frequency band; and performing the first communication or the second communication in accordance with the setting of the enabling or disabling of the first communication and the setting of the enabling or disabling of the second communication. In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the radio communication module of Horiguchi with the propagation characteristics of Sachs. The motivation would have been to improve radio communication technology. Claims 5, 19, 22, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Horiguchi et al. US 20080260084 A1 (Foreign Priority April 20, 2007) in view of Sachs et al. US 20200259896 A1 (Domestic Priority February 13, 2019), and in further view of Lee et al. US 20240291577 A1 (Foreign Priority June 21, 2021). The combination of Horiguchi and Saches discloses all claim limitations but fail to explicitly disclose: Regarding claim 5 (Currently Amended), the communication apparatus according to claim 1, wherein the propagation characteristic is whether or not the communication apparatus and the communication partner are in is-a line of sight environment, and the control circuitry makes the setting of the enabling of the first communication in a case of the line of sight environment, and makes the setting of the enabling of the second communication in a case of not the line of sight environment. However Lee from a similar field of endeavor disclose: the communication apparatus according claim 1, wherein the propagation characteristic is whether or not the communication apparatus and the communication partner are in a line of sight environment (see, different bands may have different radio propagation channel characteristics. By using the physical characteristic of the radio propagation channel, a plurality of pieces of various channel information may be obtained, and one of them is the existence or non-existence of an LOS channel, section 0074 Lee), and the control circuitry makes the setting of the enabling of the first communication in a case of the line of sight environment, and makes the setting of the enabling of the second communication in a case of not the line of sight environment (see, BS may determine whether the corresponding channel is an LOS channel, by determining whether reception powers of the multiple bands are greater than threshold power values of the multiple bands such as through it being of a low or high frequency band, sections 0140-151 Lee). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the determining of LOS channel of Lee. The motivation would have been to support higher data rates after the 4th generation (4G) communication system such as 5G and 6G. The combination of Horiguchi and Saches discloses all claim limitations but fail to explicitly disclose: Regarding claim 19 (Currently Amended), the communication apparatus according to Claim 18, wherein the propagation characteristic is whether or not the communication apparatus and the communication partner are in a line of sight environment, and the control circuitry selects the terahertz band in a case of the line of sight environment, and selects the millimeter wave band in a case of not the line of sight environment. However Lee from a similar field of endeavor disclose: The communication apparatus according to Claim 18, wherein the propagation characteristic is whether or not the communication apparatus and the communication partner are in a line of sight environment (see, different bands may have different radio propagation channel characteristics. By using the physical characteristic of the radio propagation channel, a plurality of pieces of various channel information may be obtained, and one of them is the existence or non-existence of an LOS channel, section 0074 Lee), and the control circuitry selects the terahertz band in a case of the line of sight environment, and selects the millimeter wave band in a case of not the line of sight environment (see, BS may determine whether the corresponding channel is an LOS channel, by determining whether reception powers of the multiple bands are greater than threshold power values of the multiple bands such as through it being of a low or high frequency band, sections 0140-151 Lee; noted, the division of multiple bands between sub 6G and Thz, section 0145 Lee; noted, the low frequency band being associated with sub 6G and the high frequency band associated with Thz, section 0158 Lee, noted, LOS channels associated with high frequency band, section 0162 Lee, noted, NLOS path associated with low by a threshold power, section 0166 Lee). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the determining of LOS channel of Lee. The motivation would have been to support higher data rates after the 4th generation (4G) communication system such as 5G and 6G. The combination of Horiguchi and Saches discloses all claim limitations but fail to explicitly disclose: Regarding claim 22 (Currently Amended), the communication apparatus according to Claim 21, wherein the propagation characteristic is whether or not the communication apparatus and the communication partner are in a line of sight environment, and the control circuitry selects the first radio frequency band in a case of the line of sight environment, and selects the second radio frequency band in a case of not the line of sight environment. However Lee from a similar field of endeavor disclose: the communication apparatus according to Claim 21, wherein the propagation characteristic is whether or not the communication apparatus and the communication partner are in a line of sight environment (see, different bands may have different radio propagation channel characteristics. By using the physical characteristic of the radio propagation channel, a plurality of pieces of various channel information may be obtained, and one of them is the existence or non-existence of an LOS channel, section 0074 Lee), and the control circuitry selects the first radio frequency band in a case of the line of sight environment, and selects the second radio frequency band in a case of not the line of sight environment (see, BS may determine whether the corresponding channel is an LOS channel, by determining whether reception powers of the multiple bands are greater than threshold power values of the multiple bands such as through it being of a low or high frequency band, sections 0140-151 Lee; noted, the division of multiple bands between sub 6G and Thz, section 0145 Lee; noted, the low frequency band being associated with sub 6G and the high frequency band associated with Thz, section 0158 Lee, noted, LOS channels associated with high frequency band, section 0162 Lee, noted, NLOS path associated with low by a threshold power, section 0166 Lee). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the determining of LOS channel of Lee. The motivation would have been to support higher data rates after the 4th generation (4G) communication system such as 5G and 6G. The combination of Horiguchi and Saches discloses all claim limitations but fail to explicitly disclose: Regarding claim 25 (Currently Amended), the communication apparatus according to Claim 24, wherein the propagation characteristic is whether or not the communication apparatus and the communication partner is in a line of sight environment, and the control circuitry selects the terahertz band in a case of the line of sight environment, and selects the millimeter wave band in a case of not the line of sight environment. However Lee from a similar field of endeavor disclose: the communication apparatus according to Claim 24, wherein the propagation characteristic is whether or not the communication apparatus and the communication partner is in a line of sight environment (see, different bands may have different radio propagation channel characteristics. By using the physical characteristic of the radio propagation channel, a plurality of pieces of various channel information may be obtained, and one of them is the existence or non-existence of an LOS channel, section 0074 Lee), and the control circuitry selects the terahertz band in a case of the line of sight environment, and selects the millimeter wave band in a case of not the line of sight environment (see, BS may determine whether the corresponding channel is an LOS channel, by determining whether reception powers of the multiple bands are greater than threshold power values of the multiple bands such as through it being of a low or high frequency band, sections 0140-151 Lee; noted, the division of multiple bands between sub 6G and Thz, section 0145 Lee; noted, the low frequency band being associated with sub 6G and the high frequency band associated with Thz, section 0158 Lee, noted, LOS channels associated with high frequency band, section 0162 Lee, noted, NLOS path associated with low by a threshold power, section 0166 Lee). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the determining of LOS channel of Lee. The motivation would have been to support higher data rates after the 4th generation (4G) communication system such as 5G and 6G. Claims 6, 20, 23, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Horiguchi et al. US 20080260084 A1 (Foreign Priority April 20, 2007) in view of Sachs et al. US 20200259896 A1 (Domestic Priority February 13, 2019), and in further view of Aldana et al. US 20200120458 A1 (Domestic Priority July 1, 2017). The combination of Horiguchi and Saches discloses all claim limitations but fail to explicitly disclose: Regarding claim 6 (Currently Amended), the communication apparatus according claim 1, wherein the propagation characteristic is a delay amount or a delay spread amount of a delay wave of communication between the communication apparatus and the communication partner, and the control circuitry makes the setting of the enabling of the first communication when the delay amount or the delay spread amount is greater than or equal to a threshold value, and makes the setting of the enabling of the second communication when the delay amount or the delay spread amount is less than the threshold value. However Aldana from a similar field of endeavor disclose: the communication apparatus according to claim 1, wherein the propagation characteristic is a delay amount or a delay spread amount of a delay wave of communication between the communication apparatus and the communication partner (see, one or more processors configured to estimate a performance parameter of a channel between a terminal device and a target device, determine whether the separation distance or the propagation delay is less than a predefined threshold, and omit a timing advance update or reduce an update frequency for timing advance updates if the performance parameter is less than the predefined threshold, section 1983 Aldana), and the control circuitry makes the setting of the enabling of the first communication when the delay amount or the delay spread amount is greater than or equal to a threshold value (see, increasing or decreasing the current timing advance by a fixed amount based on whether the estimated separation distance or propagation delay is greater than or less than the separation distance and/or propagation delay conveyed by the current timing advance, section 0853 Aldana), and makes the setting of the enabling of the second communication when the delay amount or the delay spread amount is less than the threshold value (see, one or more processors are configured to omit the timing advance update or reduce the update frequency for timing advance updates if the separation distance or the propagation delay is less than the predefined threshold by omitting the timing advance update or reducing the update frequency if the separation distance or the propagation delay is less than the threshold, and performing the timing advance update or maintaining the update frequency if the separation distance or the propagation deal is greater than the threshold, sections 1900-1903, 1912-1918, 1932-1934, 1944-1956, 1965-1971, 1980-1983 Aldana). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the propagation delay of Aldana. The motivation would have been to improve radio communication technology. The combination of Horiguchi and Saches discloses all claim limitations but fail to explicitly disclose: Regarding claim 20 (New), the communication apparatus according to Claim 18, wherein the propagation characteristic is a delay amount or a delay spread amount of a delay wave of communication between the communication apparatus and the communication partner, and the control circuitry selects the terahertz band when the delay amount or the delay spread amount is greater than or equal to a threshold value, and selects the millimeter wave band when the delay amount or the delay spread amount is less than the threshold value. However Aldana from a similar field of endeavor disclose: the communication apparatus according to Claim 18, wherein the propagation characteristic is a delay amount or a delay spread amount of a delay wave of communication between the communication apparatus and the communication partner (see, one or more processors configured to estimate a performance parameter of a channel between a terminal device and a target device, determine whether the separation distance or the propagation delay is less than a predefined threshold, and omit a timing advance update or reduce an update frequency for timing advance updates if the performance parameter is less than the predefined threshold, section 1983 Aldana), and the control circuitry selects the terahertz band when the delay amount or the delay spread amount is greater than or equal to a threshold value (see, increasing or decreasing the current timing advance by a fixed amount based on whether the estimated separation distance or propagation delay is greater than or less than the separation distance and/or propagation delay conveyed by the current timing advance, section 0853 Aldana), and selects the millimeter wave band when the delay amount or the delay spread amount is less than the threshold value (see, one or more processors are configured to omit the timing advance update or reduce the update frequency for timing advance updates if the separation distance or the propagation delay is less than the predefined threshold by omitting the timing advance update or reducing the update frequency if the separation distance or the propagation delay is less than the threshold, and performing the timing advance update or maintaining the update frequency if the separation distance or the propagation deal is greater than the threshold, sections 1900-1903, 1912-1918, 1932-1934, 1944-1956, 1965-1971, 1980-1983 Aldana). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the propagation delay of Aldana. The motivation would have been to improve radio communication technology. The combination of Horiguchi and Saches discloses all claim limitations but fail to explicitly disclose: Regarding claim 23 (New), the communication apparatus according to Claim 21, wherein the propagation characteristic is a delay amount or a delay spread amount of a delay wave of communication between the communication apparatus and the communication partner, and the control circuitry selects the first radio frequency band when the delay amount or the delay spread amount is greater than or equal to a threshold value, and selects the second radio frequency band when the delay amount or the delay spread amount is less than the threshold value. However Aldana from a similar field of endeavor disclose: the communication apparatus according to Claim 21, wherein the propagation characteristic is a delay amount or a delay spread amount of a delay wave of communication between the communication apparatus and the communication partner (see, one or more processors configured to estimate a performance parameter of a channel between a terminal device and a target device, determine whether the separation distance or the propagation delay is less than a predefined threshold, and omit a timing advance update or reduce an update frequency for timing advance updates if the performance parameter is less than the predefined threshold, section 1983 Aldana), and the control circuitry selects the first radio frequency band when the delay amount or the delay spread amount is greater than or equal to a threshold value (see, increasing or decreasing the current timing advance by a fixed amount based on whether the estimated separation distance or propagation delay is greater than or less than the separation distance and/or propagation delay conveyed by the current timing advance, section 0853 Aldana), and selects the second radio frequency band when the delay amount or the delay spread amount is less than the threshold value (see, one or more processors are configured to omit the timing advance update or reduce the update frequency for timing advance updates if the separation distance or the propagation delay is less than the predefined threshold by omitting the timing advance update or reducing the update frequency if the separation distance or the propagation delay is less than the threshold, and performing the timing advance update or maintaining the update frequency if the separation distance or the propagation deal is greater than the threshold, sections 1900-1903, 1912-1918, 1932-1934, 1944-1956, 1965-1971, 1980-1983 Aldana). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the propagation delay of Aldana. The motivation would have been to improve radio communication technology. The combination of Horiguchi and Saches discloses all claim limitations but fail to explicitly disclose: Regarding claim 26 (New), the communication apparatus according to Claim 24, wherein the propagation characteristic is a delay amount or a delay spread amount of a delay wave of communication between the communication apparatus and the communication partner, and the control circuitry selects the terahertz band when the delay amount or the delay spread amount is greater than or equal to a threshold value, and selects the millimeter wave band when the delay amount or the delay spread amount is less than the threshold value. However Aldana from a similar field of endeavor disclose: the communication apparatus according to Claim 24, wherein the propagation characteristic is a delay amount or a delay spread amount of a delay wave of communication between the communication apparatus and the communication partner (see, one or more processors configured to estimate a performance parameter of a channel between a terminal device and a target device, determine whether the separation distance or the propagation delay is less than a predefined threshold, and omit a timing advance update or reduce an update frequency for timing advance updates if the performance parameter is less than the predefined threshold, section 1983 Aldana), and the control circuitry selects the terahertz band when the delay amount or the delay spread amount is greater than or equal to a threshold value (see, increasing or decreasing the current timing advance by a fixed amount based on whether the estimated separation distance or propagation delay is greater than or less than the separation distance and/or propagation delay conveyed by the current timing advance, section 0853 Aldana), and selects the millimeter wave band when the delay amount or the delay spread amount is less than the threshold value (see, one or more processors are configured to omit the timing advance update or reduce the update frequency for timing advance updates if the separation distance or the propagation delay is less than the predefined threshold by omitting the timing advance update or reducing the update frequency if the separation distance or the propagation delay is less than the threshold, and performing the timing advance update or maintaining the update frequency if the separation distance or the propagation deal is greater than the threshold, sections 1900-1903, 1912-1918, 1932-1934, 1944-1956, 1965-1971, 1980-1983 Aldana). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the propagation delay of Aldana. The motivation would have been to improve radio communication technology. Claims 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Horiguchi et al. US 20080260084 A1 (Foreign Priority April 20, 2007) in view of Sachs et al. US 20200259896 A1 (Domestic Priority February 13, 2019), and in further view of Kreienkamp et al. US 20200228264 A1 (Domestic Priority September 28, 2017). The combination of Horiguchi and Sachs discloses all claim limitations but fail to explicitly disclose: Regarding claim 11 (Original), the communication apparatus according to Claim 1, wherein the control circuitry includes baseband processing circuitry which, in operation, performs baseband processing, the baseband processing circuitry being common to the first communication and the second communication. However Kreienkamp from a similar field of endeavor disclose: the communication apparatus according to Claim 1, wherein the control circuitry includes baseband processing circuitry which, in operation, performs baseband processing (see, circuitry for processing (filtering, symbol mapping) information of the baseband transmit signal, section 0045 Kreienkamp), the baseband processing circuitry being common to the first communication and the second communication (see, baseband transmit signal being processed using either the first bandwidth or second bandwidth, section 0078 Kreienkamp). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the processing of baseband transmit signal of Kreienkamp. The motivation would have been to improve the methods for controlling bandwidth used for processing a baseband. The combination of Horiguchi and Sachs discloses all claim limitations but fail to explicitly disclose: Regarding claim 12 (Original), the communication apparatus according to Claim 11, wherein the control circuitry includes a first local oscillator which, in operation, generates a signal corresponding to the first radio frequency band and a second local oscillator which, in operation, generates a signal corresponding to the second radio frequency band. However Kreienkamp from a similar field of endeavor disclose: the communication apparatus according to Claim 11, wherein the control circuitry includes a first local oscillator which, in operation, generates a signal corresponding to the first radio frequency band (see, the generation of an oscillation signal based on a first frequency control word, section 0306 Kreienkamp) and a second local oscillator which, in operation, generates a signal corresponding to the second radio frequency band (see, the generation of an oscillation signal based on a second frequency control word, section 0306 Kreienkamp). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the generation of signals of Kreienkamp. The motivation would have been to improve the methods for controlling bandwidth used for processing a baseband. The combination of Horiguchi and Sachs discloses all claim limitations but fail to explicitly disclose: Regarding claim 13 (Currently Amended), the communication apparatus according to Claim 11, wherein the control circuitry includes: a first local oscillator which, in operation, generates a first signal corresponding to the first radio frequency band; and a second local oscillator which, in operation, generates a second signal corresponding to the second radio frequency band, the communication circuitry includes an up-converter corresponding to the second radio frequency band, the up-converter being common to the first communication and the second communication, and the first signal corresponds to a frequency equal to a difference in frequency between the first radio frequency band and the second radio frequency band. However Kreienkamp from a similar field of endeavor disclose: the communication apparatus according to Claim 11, wherein the control circuitry includes: a first local oscillator which, in operation, generates a first signal corresponding to the first radio frequency band (see, the generation of an oscillation signal based on a first frequency control word, section 0306 Kreienkamp); and a second local oscillator which, in operation (see, the generation of an oscillation signal based on a second frequency control word, section 0306 Kreienkamp), generates a second signal corresponding to the second radio frequency band (see, the generation of an oscillation signal based on a second frequency control word, section 0306 Kreienkamp), the communication circuitry includes an up-converter corresponding to the second radio frequency band (see, circuitry used to up-convert baseband transmit signal, section 0045 Kreienkamp; noted, converters can correspond to a first or second frequency, section 0306 Kreienkamp), the up-converter being common to the first communication and the second communication (see, circuitry used to up-convert baseband transmit signal, section 0045 Kreienkamp; noted, converters can correspond to a first or second frequency, section 0306 Kreienkamp), and the first signal corresponds to a frequency equal to a difference in frequency between the first radio frequency band and the second radio frequency band (see, to shift a phase of the baseband transmit signal processed by the transmit path using the second bandwidth based on a difference between a frequency of data of the baseband transmit signal related to an allocated physical resource bock and a desired frequency of the data at the first bandwidth, section 0282 Kreienkamp). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the up-convert baseband transmit signal of Kreienkamp. The motivation would have been to improve the methods for controlling bandwidth used for processing a baseband. The combination of Horiguchi and Sachs discloses all claim limitations but fail to explicitly disclose: Regarding claim 14 (Original), the communication apparatus according to Claim 11, wherein the control circuitry includes a local oscillator which, in operation, generates a first signal corresponding to the first radio frequency band, and a frequency divider which, in operation, divides a frequency of the first signal to generate a second signal corresponding to the second radio frequency band. However Kreienkamp from a similar field of endeavor disclose: the communication apparatus according to Claim 11, wherein the control circuitry includes a local oscillator which, in operation, generates a first signal corresponding to the first radio frequency band (see, the generation of an oscillation signal based on a first frequency control word, section 0306 Kreienkamp), and a frequency divider (see, oscillation is further frequency divided by divider, section 0164 Kreienkamp) which, in operation, divides a frequency of the first signal to generate a second signal corresponding to the second radio frequency band (see, generation of a second Analog-to-Digital Converter (ADC) from oscillation signal that is generated by divider based on the first ADC, section 0241 Kreienkamp). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the dividers of Kreienkamp. The motivation would have been to improve the methods for controlling bandwidth used for processing a baseband. The combination of Horiguchi and Sachs discloses all claim limitations but fail to explicitly disclose: Regarding claim 15 (Currently Amended), the communication apparatus according to Claim 11, wherein the control circuitry includes: a local oscillator which, in operation, generates a first signal corresponding to the first radio frequency band; and a frequency divider which, in operation, divides a frequency of the first signal to generate a second signal corresponding to the second radio frequency band, the communication circuitry includes an up-converter corresponding to the second radio frequency band, the up-converter being common to the first communication and the second communication, and the first signal corresponds to a frequency equal to a difference in frequency between the first radio frequency band and the second radio frequency band. However Kreienkamp from a similar field of endeavor disclose: the communication apparatus according to Claim 11, wherein the control circuitry includes: a local oscillator which, in operation, generates a first signal corresponding to the first radio frequency band (see, the generation of an oscillation signal based on a first frequency control word, section 0306 Kreienkamp); and a frequency divider (see, oscillation is further frequency divided by divider, section 0164 Kreienkamp) which, in operation, divides a frequency of the first signal to generate a second signal corresponding to the second radio frequency band, the communication circuitry includes an up-converter (see, circuitry used to up-convert baseband transmit signal, section 0045 Kreienkamp; noted, converters can correspond to a first or second frequency, section 0306 Kreienkamp) corresponding to the second radio frequency band (see, generation of a second Analog-to-Digital Converter (ADC) from oscillation signal that is generated by divider based on the first ADC, section 0241 Kreienkamp), the up-converter being common to the first communication and the second communication (see, circuitry used to up-convert baseband transmit signal, section 0045 Kreienkamp; noted, converters can correspond to a first or second frequency, section 0306 Kreienkamp), and the first signal corresponds to a frequency equal to a difference in frequency between the first radio frequency band and the second radio frequency band (see, to shift a phase of the baseband transmit signal processed by the transmit path using the second bandwidth based on a difference between a frequency of data of the baseband transmit signal related to an allocated physical resource bock and a desired frequency of the data at the first bandwidth, section 0282 Kreienkamp). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the generation of signals of Kreienkamp. The motivation would have been to improve the methods for controlling bandwidth used for processing a baseband. The combination of Horiguchi and Sachs discloses all claim limitations but fail to explicitly disclose: Regarding claim 16 (Original), the communication apparatus according to Claim 11, wherein the control circuitry includes a local oscillator which, in operation, switches between outputting a signal corresponding to the first radio frequency band and outputting a signal corresponding to the second radio frequency band. However Kreienkamp from a similar field of endeavor disclose: the communication apparatus according to Claim 11, wherein the control circuitry includes a local oscillator which, in operation, switches between outputting a signal corresponding to the first radio frequency band (see, optimization block switches the bandwidth used for processing the baseband transmit signal, section 0091 Kreienkamp; noted, switching between first and second bandwidth, section 0132 Kreienkamp) and outputting a signal corresponding to the second radio frequency band (see, optimization block switches the bandwidth used for processing the baseband transmit signal, section 0091 Kreienkamp; noted, switching between first and second bandwidth, section 0132 Kreienkamp). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the switching of Kreienkamp. The motivation would have been to improve the methods for controlling bandwidth used for processing a baseband. Claims 18 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Horiguchi et al. US 20080260084 A1 (Foreign Priority April 20, 2007) in view of Sachs et al. US 20200259896 A1 (Domestic Priority February 13, 2019), and in further view of Singh et al. US 20100315954 A1 (Domestic Priority June 16, 2009). The combination of Horiguchi and Sachs discloses all claim limitations but fail to explicitly disclose: Regarding claim 18 (New), the communication apparatus according to Claim 1, wherein the first radio frequency band is a terahertz band, and the second radio frequency band is a millimeter wave band. However Singh from a similar field of endeavor disclose: the communication apparatus according to Claim 1, wherein the first radio frequency band is a terahertz band (see, high-rate channel can use a terahertz frequency ranging between 300 GHz and 3 THz, section 0034 Singh; noted, high-rate channel associated with a first multi-band station, section 0038 Singh; noted, first multi-band wireless station that is capable of using a first frequency band and a second frequency band for wireless communication, section 0009 Singh; noted, first multi-band wireless station includes multi-band manager that manages use of multiple bands, sections 0053-0054 Singh), and the second radio frequency band is a millimeter wave band (see, low-rate channel may be a channel having a frequency below 6 GHz, section 0035 Singh; noted, LR network uses a lower rate channel that include a low-rate (LR) access point, section 0037; noted, first multi-band station is associated with the low-rate access point; noted, first multi-band wireless station that is capable of using a first frequency band and a second frequency band for wireless communication, section 0009 Singh; noted, first multi-band wireless station includes multi-band manager that manages use of multiple bands, sections 0053-0054 Singh). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the different frequency bands of Singh. The motivation would have been to share the monitored status between stations. The combination of Horiguchi and Sachs discloses all claim limitations but fail to explicitly disclose: Regarding claim 24 (New), the communication apparatus according to Claim 21, wherein the first radio frequency band is a terahertz band, and the second radio frequency band is a millimeter wave band. However Singh from a similar field of endeavor disclose: the communication apparatus according to Claim 21, wherein the first radio frequency band is a terahertz band (see, high-rate channel can use a terahertz frequency ranging between 300 GHz and 3 THz, section 0034 Singh; noted, high-rate channel associated with a first multi-band station, section 0038 Singh; noted, first multi-band wireless station that is capable of using a first frequency band and a second frequency band for wireless communication, section 0009 Singh; noted, first multi-band wireless station includes multi-band manager that manages use of multiple bands, sections 0053-0054 Singh), and the second radio frequency band is a millimeter wave band (see, low-rate channel may be a channel having a frequency below 6 GHz, section 0035 Singh; noted, LR network uses a lower rate channel that include a low-rate (LR) access point, section 0037; noted, first multi-band station is associated with the low-rate access point; noted, first multi-band wireless station that is capable of using a first frequency band and a second frequency band for wireless communication, section 0009 Singh; noted, first multi-band wireless station includes multi-band manager that manages use of multiple bands, sections 0053-0054 Singh). In view of the above, it would have been obvious before the effective filing date of the claim invention to a person having ordinary skill in the art to which the claimed invention pertains to modify the combination of Horiguchi and Sachs with the different frequency bands of Singh. The motivation would have been to share the monitored status between stations. 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 PATRICK YIPAO PEI whose telephone number is (703)756-1890. The examiner can normally be reached Monday - Friday 9:30 AM to 5:30 PM ET. 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. /PATRICK YIPAO PEI/Examiner, Art Unit 2473 /KWANG B YAO/Supervisory Patent Examiner, Art Unit 2473
Read full office action

Prosecution Timeline

Mar 21, 2023
Application Filed
Jul 24, 2025
Non-Final Rejection — §103
Oct 24, 2025
Response Filed
Jan 26, 2026
Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12588015
HYBRID AUTOMATIC REPEAT REQUEST IDENTIFIER DETERMINATION ASSOCIATED WITH CROSS-LINK INTERFERENCE MEASUREMENTS
2y 5m to grant Granted Mar 24, 2026
Patent 12557078
DYNAMIC, MULTI-FREQUENCY SUPERFRAME SLOTTING
2y 5m to grant Granted Feb 17, 2026
Patent 12538299
METHOD AND APPARATUS FOR MEASURING AND REPORTING INTERFERENCE SIGNAL IN WIRELESS COMMUNICATION SYSTEMS
2y 5m to grant Granted Jan 27, 2026
Patent 12520291
SYSTEMS AND METHODS FOR MANAGING TRANSMISSION INDICATION IN MULTICAST AND BROADCAST COMMUNICATIONS
2y 5m to grant Granted Jan 06, 2026
Patent 12512882
APPARATUS, METHOD, AND SYSTEM FOR PERFORMING MULTIPLE-USER MULTIPLE-INPUT MULTIPLE-OUTPUT COMMUNICATION, AND NON-TRANSITORY COMPUTER READABLE STORAGE MEDIUM
2y 5m to grant Granted Dec 30, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+33.3%)
3y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 19 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month