Prosecution Insights
Last updated: July 17, 2026
Application No. 18/200,541

COMMUNICATIONS DATA PROCESSING METHOD AND APPARATUS, AND COMMUNICATIONS DEVICE

Non-Final OA §102§103
Filed
May 22, 2023
Priority
Nov 23, 2020 — CN 202011321231.4 +1 more
Examiner
VOGEL, JAY L.
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
3 (Non-Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
362 granted / 456 resolved
+21.4% vs TC avg
Strong +25% interview lift
Without
With
+25.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
20 currently pending
Career history
495
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
96.0%
+56.0% vs TC avg
§102
1.7%
-38.3% vs TC avg
§112
0.7%
-39.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 456 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/02/2026 has been entered. Response to Arguments Rejections under 35 USC 102/103 Applicant’s Argument: Applicant argues ” Siganos and Maman were each is silent about "processing a total input power of each subband in the first communications data into a third pre-specified value, processing a total input power of each subband in the first communications data into a same value, processing an amplitude of each element in each subband in the first communications data into a fourth pre-specified value, or processing an amplitude of each element in another subband based on an amplitude of each element in the first subband, wherein the another subband is a subband, in the first communications data, other than the first subband," as recited in proposed claim 1.” Examiner’s Response: Applicant's arguments filed 04/15/2026 have been fully considered but they are not persuasive. As noted in the Advisory Action 04/09/2026, the amendments overcome the cited portions of Siganos, which supported the “amplitude processing manner” option of claim 1. However, upon further consideration, Siganos in ¶0068 teaches performing FFT on the sensor data prior to neural network input, thus corresponding to transform domain manner, and since this is recited as an option with phase processing manner and amplitude processing manner, these latter two options do not require support in the prior art if the transform domain processing manner is rejected. Applicant’s Argument: Applicant argues “Examiner fails to articulate how the alleged disclosures of Siganos combined with Maman teaches features recited in dependent claims 4-7. Indeed, none of the claim features recited by claims 4-7 is anticipated by Siganos and Maman. For example, Siganos and Maman were each is silent about normalizing a phase of each element in the data based on a first element in the data, processing a phase of each element in the data into a same value, normalizing a phase of another subband based on a first element in the first subband in the data, where the another subband is a subband, in the data, other than the first subband, or for each subband comprised in the data, normalizing a phase of an element in each of the subbands.” Examiner’s Response: Applicant’s arguments with respect to claim(s) 4-7 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. Applicant has amended the claim which changes the scope of the invention. An updated search was performed, and a new grounds of rejection is presented. Examiner notes that claim 1 indicates several processing manners in a way that the selected manner is only one of the options (“amplitude processing manner, a phase processing manner, or a transform domain processing manner”). The claim does not require each processing manner, only one. Therefore, when prior art supports one of the processing manners, the other manners do not require support, and any option based on the non-selected manner do not have patentable weight. Claim Rejections - 35 USC § 102 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. Claim(s) 1, 4-9, 11-12, 15-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Siganos (US 20210390279 A1). Regarding claim 1, Siganos teaches: A communications data processing method, performed by a first communications device [¶0066, memory and computing code in a device], comprising: pre-processing first communications data in a pre-specified processing manner [¶0067-68, receive time-domain samples from sensor to measure vibration (first communications data) and take FFT of the data (pre-processing)]; and inputting the pre-processed first communications data to a target Artificial Intelligence (AI) network to obtain second communications data [¶0276-277, after preprocessing, input data to neural network corresponding to AI network ], wherein the pre-specified processing manner comprises at least one of an amplitude processing manner, a phase processing manner, or a transform domain processing manner [¶0068, ¶0076, ¶0122, FFT operation corresponding to “transform domain processing manner” Examiner notes this option is rejected out of multiple alternatives, and thus only the dependent claims pertaining to this option require support while any dependent claims pertaining to the “phase” or “transfer domain” options do not have patentable weight], wherein: when the pre-specified processing manner is the amplitude processing manner [Examiner notes the manner supported is not the amplitude processing manner, thus this limitation is contingent and has no patentable weight], pre- processing the first communications data with any one of the following processes: processing a total input power of each subband in the first communications data into a same value; processing an amplitude of each element in each subband in the first communications data into a fourth pre-specified value or processing an amplitude of each element in another subband based on an amplitude of each element in the first subband, wherein the another subband is a subband, in the first communications data, other than the first subband; or when the pre-specified processing manner is the phase processing manner [Examiner notes the manner supported is not the amplitude processing manner, thus this limitation is contingent and has no patentable weight], pre- processing the first communications data with any one of the following processes: normalizing a phase of each element in the first communications data based on a first element in the first communications data, processing a phase of each element in the first communications data into a same value, normalizing a phase of another subband based on a first element in the first subband in the first communications data, wherein the another subband is a subband,in the first communications data, other than the first subband, or for each subband comprised in the first communications data, normalizing a phase of an element in each of the subbands. Regarding claim 4, Examiner notes that independent claim 1 recites amplitude processing manner and phase processing manner as exclusive options, thus since the amplitude processing manner is rejected, the limitations pertaining to the other manners do not require support as only one is required. Regarding claim 5, Siganos teaches: The communications data processing method according to claim 1, wherein the first subband is any one of the following: a subband at a second pre-specified position in the first communications data; a subband with a highest total power in the first communications data; a subband, in the first communications data, in which an average amplitude of all elements is highest;a subband, in the first communications data, comprising a single element with a largest amplitude; a subband, in the first communications data, comprising a single element with a largest power; a subband, in the first communications data, comprising a largest quantity of elements with an amplitude exceeding a first pre-specified threshold;a subband, in the first communications data, comprising a largest quantity of elements with a power exceeding a second pre-specified threshold;a subband that is in a specified element set and that is with a largest amplitude; or a subband that is in a specified element set and that is with a largest power, wherein the specified element set is determined based on the first communications data [Examiner notes that claim 1 recites the sub-band as an alternative to the as rejected exclusive option “processing an amplitude of each element in the first communications data into a second pre- specified value” , thus since it was not required to be supported by the prior art, the limitations pertaining to the other manners do not require support]. Regarding claim 6, see the rejection for claim 5. Regarding claim 7, Siganos teaches: The communications data processing method according to claim 1, wherein the pre- processing first communications data in a pre-specified processing manner comprises: in a case in which the pre-specified processing manner is the transform domain processing manner, performing any one of the following: processing the first communications data in the pre-specified transform domain processing manner [¶0068, ¶0076, ¶0122, processing by taking FFT corresponding to pre-specified transform domain processing manner]; or processing at least one subband comprised in the first communications data in the pre- specified transform domain processing manner. Regarding claim 8, Siganos teaches: The communications data processing method according to claim 1, wherein the first communications data comprises at least one of a reference signal, a signal carried on a channel [¶0336 sensor data transmitted to server 1730 considered signal carried on channel], channel state information, beam information, channel estimation information, interference information, positioning information, track information, specified estimation information and management information, or control signaling; or the second communications data comprises at least one of a reference signal, a signal carried on a channel, channel state information, beam information, channel estimation information, interference information, positioning information, track information, specified estimation information and management information, or control signaling. Regarding claim 9, Siganos teaches: The communications data processing method according to claim 1, wherein before the pre- processing first communications data in a pre-specified processing manner, the method further comprises: receiving third communications data, wherein the third communications data is data used for pre-processing the first communications data; and the pre-processing first communications data in a pre-specified processing manner comprises: pre-processing the first communications data based on the third communications data in the pre-specified processing manner [¶0360 teaches server receiving credentials, which it authenticates to set up the connection to receive sensor data, the credential i.e. authentication data corresponding to the third data, prior to pre-processing of data from sensors thus based on the third data, required to pair devices and receive sensor]. Regarding claim 11, Siganos teaches: The communications data processing method according to claim 1, wherein the pre- specified processing manner is determined by at least one of the following: being configured at a network side [server side ¶0193 may host neural network 400 see ¶0336, and pre-processing ¶0277-278 may be performed at server considered, thus the manner is being configured at a network side]; being reported at a terminal side; or being set to default in a protocol. Regarding claim 12, Siganos teaches: A communications device, comprising a processor; a memory having a computer program or an instruction stored therein, wherein the computer program or the instruction, when executed by the processor, causes the processor to perform operations comprising: [¶0066, memory and computing code in a device] pre-processing first communications data in a pre-specified processing manner [¶0067-68, receive time-domain samples from sensor to measure vibration (first communications data) and take FFT of the data (pre-processing)]; and inputting the pre-processed first communications data to a target Artificial Intelligence (AI) network to obtain second communications data [¶0276-277, after preprocessing, input data to neural network corresponding to AI network ], wherein the pre-specified processing manner comprises at least one of an amplitude processing manner, a phase processing manner, or a transform domain processing manner [¶0068, ¶0076, ¶0122, FFT corresponding to “transform domain processing manner” Examiner notes this option is rejected out of multiple alternatives, and thus only the dependent claims pertaining to this option require support while any dependent claims pertaining to the “phase” or “transfer domain” options do not have patentable weight], wherein: when the pre-specified processing manner is the amplitude processing manner [Examiner notes the manner supported is not the amplitude processing manner, thus this limitation is contingent and has no patentable weight], pre- processing the first communications data with any one of the following processes: processing a total input power of each subband in the first communications data into a same value; processing an amplitude of each element in each subband in the first communications data into a fourth pre-specified value or processing an amplitude of each element in another subband based on an amplitude of each element in the first subband, wherein the another subband is a subband, in the first communications data, other than the first subband; or when the pre-specified processing manner is the phase processing manner [Examiner notes the manner supported is not the amplitude processing manner, thus this limitation is contingent and has no patentable weight], pre- processing the first communications data with any one of the following processes: normalizing a phase of each element in the first communications data based on a first element in the first communications data, processing a phase of each element in the first communications data into a same value, normalizing a phase of another subband based on a first element in the first subband in the first communications data, wherein the another subband is a subband,in the first communications data, other than the first subband, or for each subband comprised in the first communications data, normalizing a phase of an element in each of the subbands. Claim 15-19, see similar rejections for claims 4-8 which teaches the functions, and claim 12 teaches the components of a server device implementing these functions. Regarding claim 20, see the rejection for claim 12 which teaches the physical structure performing the corresponding steps at a server. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Siganos (US 20210390279 A1) in view of Fukuda et al. (“Fukuda”) (US 20200034703 A1). Regarding claim 10, Siganos teaches: The communications data processing method according to claim 1. Siganos teaches computing second communications data but not transmitting it. Fukuda teaches further comprising: sending fourth communications data to a second communications device, wherein the fourth communications data comprises at least one of the pre-specified processing manner, the second communications data [¶0069-71, server receives input communication data, generates output corresponding to second communications data using neural network, sends the output to a second device], or fifth communications data, wherein the fifth communications data is intermediate information obtained during pre-processing of the first communications data. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify sending the output data. Siganos outputs data from an AI model and it would have been obvious to send the data after processing at the server in Fukuda to avoid consuming computation resources as in ¶0005. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20190166030 A1. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY L. VOGEL whose telephone number is (303)297-4322. The examiner can normally be reached Monday-Friday 8AM-4:30 PM MT. 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, Joseph Avellino can be reached at 571-272-3905. 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. /JAY L VOGEL/Primary Examiner, Art Unit 2478
Read full office action

Prosecution Timeline

May 22, 2023
Application Filed
Aug 12, 2025
Non-Final Rejection mailed — §102, §103
Nov 12, 2025
Response Filed
Feb 03, 2026
Final Rejection mailed — §102, §103
Apr 02, 2026
Response after Non-Final Action
Apr 15, 2026
Request for Continued Examination
Apr 26, 2026
Response after Non-Final Action
Jun 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12677189
MULTIPATH SCHEDULING
2y 2m to grant Granted Jul 07, 2026
Patent 12671563
DEMAND-DRIVEN DUPLEX
3y 7m to grant Granted Jun 30, 2026
Patent 12652613
ROAMING OPTIMIZATION FOR NON-STANDALONE MODE
2y 10m to grant Granted Jun 09, 2026
Patent 12641601
TERMINAL, COMMUNICATION METHOD, AND SYSTEM
2y 1m to grant Granted May 26, 2026
Patent 12634769
SYSTEMS AND METHODS FOR TIME DISTRIBUTED PRB SCHEDULING PER NETWORK SLICE
3y 3m to grant Granted May 19, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+25.2%)
2y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 456 resolved cases by this examiner. Grant probability derived from career allowance 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