Prosecution Insights
Last updated: October 02, 2026
Application No. 18/193,340

APPARATUS, SYSTEM, AND METHOD OF COMMUNICATING A DATA FIELD OF A PHYSICAL LAYER (PHY) PROTOCOL DATA UNIT (PPDU) OVER A PLURALITY OF CHANNEL BANDWIDTH (BW) SEGMENTS

Non-Final OA §103
Filed
Mar 30, 2023
Examiner
SEFCHECK, GREGORY B
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Intel Corporation
OA Round
2 (Non-Final)
69%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
481 granted / 695 resolved
+11.2% vs TC avg
Strong +20% interview lift
Without
With
+19.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
46 currently pending
Career history
748
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
60.3%
+20.3% vs TC avg
§102
20.3%
-19.7% vs TC avg
§112
7.7%
-32.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 695 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Applicant Response filed 7/10/2026 is acknowledged. No claims have been amended, cancelled or added. Claims 1-20 as filed 3/30/2023 remain pending. 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, 5, 6, and 9-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chu et al. (US20200107393A1), hereafter Chu, in view of Zhang et al. (US20210219315A1; cited in IDS filed 7/25/2024), hereafter Zhang. Regarding claims 1 and 16-18, Chu discloses an apparatus (Fig. 1, client station 154-1) comprising logic and circuitry (PHY 170, MAC 166, Host 158), at least one radio to transmit the PPDU (Fig. 1, Tx/Rx 174; Fig. 3A-B, Radio-1/-2 328/336) and one or more antennas (Fig. 1, antennas 178) connected to the radio, and a processor to execute instructions of an operating systemand product comprising one or more tangible computer-readable non-transitory storage media comprising instructions operable to, when executed by at least one processor, enable the at least one processor to cause the wireless communication station (paragraph 177; Fig. 1, client station 154-1) to generate a plurality of encoded-modulated data streams (Abstract; paragraph 47; PPDU of multiple data streams) based on a data field of a PPDU (Fig. 2A, PHY data portion 208) to be transmitted over a channel BW, the plurality of encoded-modulated data streams configured based on a plurality of channel BW segments in the channel BW (Fig. 4-6; paragraphs 50-51, 60-63, 67-69, 72-84; channel segments/bands corresponding to multi-channel for the plurality of data streams of the PPDU), wherein the plurality of encoded-modulated data streams comprises a first encoded-modulated data stream according to a first MCS corresponding to a first channel BW segment, and a second encoded-modulated data stream according to a second MCS corresponding to a second channel BW segment, wherein the second MCS is different from the first MCS (paragraph 98, 108; different MCS values of different segments corresponding to the plurality of data streams). Chu further discloses to transmit a plurality of transmissions based on the plurality of encoded-modulated data streams over the plurality of channel BW segments, wherein the plurality of transmissions comprises a first transmission over the first channel BW segment based on the first encoded-modulated data stream, and a second transmission over the second channel BW segment based on the first encoded-modulated data stream (paragraph 98, 108; different MCS values of different channel segments corresponding to the plurality of data streams; different MCS values for transmission are related between main/subsidiary bands/segments). To the extent that Chu does not expressly disclose a plurality of encoded data streams based on the same PPDU, the streams having different first/second MCS, further analogous prior art to Zhang (Title: Multi-Band Communication) discloses a plurality of encoded data streams based on the same PPDU, the streams having different first/second MCS (Fig. 5; paragraph 89-90; PHY data portions 524 and 532 of a single PPDU using different first/second MCS). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Chu by providing a plurality of encoded data streams based on the same PPDU, the streams having different first/second MCS, as shown by Zhang, thereby enabling a single PPDU to convey multiple data streams having different MCS values. Regarding claims 5 and 6, The combination of Chu and Zhang discloses to transmit channel BW segment configuration information to indicate a configuration of the plurality of channel BW segments, wherein the channel BW segment configuration information comprises at least one of channel BW segment size information, channel BW segment count information, or channel BW segment allocation information (paragraphs 23, 45, 50-54, 98-101, 106-109; signaling PHY communication parameters, i.e. MCS/number of streams/contiguous/non-contiguous and/or synchronous/asynchronous frequency bands configurations of the plurality of channel segments provided to the client stations by the network). Regarding claim 9, The combination of Chu and Zhang discloses a segment size of the plurality of channel BW segments to be equal to or greater than a predefined minimal channel BW segment size (Fig. 4-6; paragraph 17; suitable bandwidth in increments of 20 MHz). Regarding claim 10, The combination of Chu and Zhang discloses to transmit the first transmission according to a first transmit power, and to transmit the second transmission according to a second transmit power different from the first transmit power (paragraph 93-96, 128-131; Fig. 8, step 806; enter power save mode on only some of the component channels/segments). Regarding claims 11 and 15, The combination of Chu and Zhang discloses a channel BW segment of the plurality of channel BW segments comprises a frequency sub-channel having a sub-channel width of at least 20 MHz and the channel BW is at least 80 MHz (Fig. 5-6; paragraph 17, 43). Regarding claim 12, The combination of Chu and Zhang discloses a channel BW segment of the plurality of channel BW segments comprises a frequency Resource Unit (RU) (paragraph 47). Regarding claim 13, The combination of Chu and Zhang discloses the plurality of channel BW segments covers an entirety of channel BW (Fig. 5-6; main + subsidiary bands covers the entire BSS operating channel). Regarding claim 14, The combination of Chu and Zhang discloses the first channel BW segment covers at least 50% of the channel BW (Fig. 5-6; main band covers half of the BSS operating channel). Claims 2-4 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chu and Zhang in view of Sawahashi et al. (US20090217120A1), hereafter Sawahashi. Regarding claims 2-4 and 19, The combination of Chu and Zhang discloses utilizing different MCS values for more efficient use of the channel segments including priority, quality of service, data rate vs. decodability (paragraph 85, 90, 98, 101) but fails to expressly disclose to determine the first MCS to be higher than the second MCS based on a determination that an interference level over the second channel BW segment is higher than an interference level over the first channel BW segment, or to set the first channel BW segment to include a channel BW segment having an interference level below an interference threshold while setting the second channel BW segment to include a channel BW segment having an interference level above the interference threshold. Sawahashi discloses analogous art including determining the first MCS to be higher than the second MCS based on a determination that an interference level over the second channel BW segment is higher than an interference level over the first channel BW segment (Fig. 2; paragraph 57-65; appropriate MCS is employed based on signal-to-interference ratio/SIR being less than or greater than various predetermined thresholds S1, S2….SS) and setting the first channel BW segment to include a channel BW segment having an interference level below an interference threshold while setting the second channel BW segment to include a channel BW segment having an interference level above the interference threshold (paragraphs 58-63 describes example relation of modulation/MCS employed based on SIR less than threshold S3 but greater than threshold S2). It would have been obvious to one of ordinary skill in the art at the time of effective filing to modify Chu and Zhang by determining the first MCS to be higher than the second MCS based on a determination that an interference level over the second channel BW segment is higher than an interference level over the first channel BW segment, and setting the first channel BW segment to include a channel BW segment having an interference level below an interference threshold while setting the second channel BW segment to include a channel BW segment having an interference level above the interference threshold, as shown by Sawahashi, thereby enabling frequency diversity and higher error correction capability while reducing fluctuations in received SIR. Claims 7, 8, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chu and Zhang in view of Veerashetty et al. (US20220216937A1), hereafter Veerashetty. Regarding claims 7, 8, and 20, The combination of Chu and Zhang discloses dynamically indicating changes to operating mode and bandwidth of a client station (paragraph 96) but fails to expressly disclose to negotiate a configuration of one or more of the plurality of channel BW segments with another STA based on a capability indication to indicate a capability of the STA to communicate PPDUs according to a multi-MCS channel BW segmentation. Veerashetty discloses analogous art for communicating PPDU via a number of streams with different MCS (Background paragraphs 7-24) including negotiating a configuration of one or more of the plurality of channel BW segments with another STA based on a capability indication to indicate a capability of the STA to communicate PPDUs according to a multi-MCS channel BW segmentation (paragraphs 71-81, 132; negotiation of steams and different MCS support and signaling of capabilities between stations). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Chu and Zhang by negotiating a configuration of one or more of the plurality of channel BW segments with another STA based on a capability indication to indicate a capability of the STA to communicate PPDUs according to a multi-MCS channel BW segmentation, as shown by Veerashetty, thereby enabling an informed decision on MCS to employ for optimal performance. Response to Arguments Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection relies on the newly-cited Zhang reference for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY B SEFCHECK whose telephone number is (571)272-3098. The examiner can normally be reached Monday-Friday 6AM-4PM. 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, Chirag Shah can be reached at 571-272-3144. 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. /GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477
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Prosecution Timeline

Mar 30, 2023
Application Filed
Jun 08, 2023
Response after Non-Final Action
Apr 16, 2026
Non-Final Rejection mailed — §103
Jun 24, 2026
Applicant Interview (Telephonic)
Jun 24, 2026
Examiner Interview Summary
Jul 10, 2026
Response Filed
Jul 30, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
69%
Grant Probability
89%
With Interview (+19.6%)
3y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 695 resolved cases by this examiner. Grant probability derived from career allowance rate.

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