Prosecution Insights
Last updated: August 16, 2026
Application No. 18/263,754

COMMUNICATION DEVICE AND COMMUNICATION METHOD

Non-Final OA §103
Filed
Aug 01, 2023
Priority
Feb 22, 2021 — nonprovisional of PCTJP2021006708
Examiner
FARAGALLA, MICHAEL A
Art Unit
2624
Tech Center
2600 — Communications
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
3 (Non-Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
866 granted / 1013 resolved
+23.5% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
22 currently pending
Career history
1040
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
74.0%
+34.0% vs TC avg
§102
10.9%
-29.1% vs TC avg
§112
6.8%
-33.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1013 resolved cases

Office Action

§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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/09/2026 has been entered. 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, 3, 5-6, 9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al (Publication number: US 2016/0198314) in view of Zhang et al (Publication number: US 2021/0385192). Consider Claim 1, Jung et al shows a communication device (see figures 2 and 11; Read as host terminal), comprising: (a) A transmission unit configured to transmit a connection request to a first communication device (see figures 12, 14, and 16; paragraphs 143-145); (In operation 1210, the host terminal may transmit an invitation signaling message, including communication invitation tag information and a terminal list of terminals (the host terminal, the first client terminal, and the second client terminal), to a third client terminal to be invited). (b) A reception unit configured to receive connection permission from the first communication device (see figures 12, 14, and 16; paragraphs 143-145); (In operation 1230, the third client terminal may transmit a communication acceptance message indicating communication establishment acceptance to the host terminal in response to the invitation signaling message received from the host terminal). (c) A control unit configured to establish a first connection to the first communication device, wherein the control unit controls a communication of a second communication device, and, in a case where a certain condition is satisfied, the control unit enables a function of controlling a wireless communication of the second communication device and performing the wireless communication of the second communication device, and autonomously establishes a second connection to the second communication device (see figure 13; paragraphs 150-154); (In operation 1310, the second client terminal may transmit a reentry signaling message, including communication reentry tag information and a terminal list of terminals, to the host terminal and the first client terminal. Herein, the second client terminal, and the host terminal and the first client terminal, which have established communication with the second client terminal, may be included in the terminal list of terminals). (d) The certain condition is a case in which a signal related to a state of emergency is received from at least one of the first communication device, the second communication device, and another communication device, the processor applies a communication parameter included in the signal related to the state of emergency to the function (see paragraphs 4, 5, and 13). However, Jung et al does not specifically show that the terminal is connected to a target public land mobile network (PLMN), via the communication device. In related art, Zhang et al shows that the terminal is connected to a target public land mobile network (PLMN), via the communication device (see paragraphs 54-56); (The UE may obtain a data connection with a first wireless network (e.g., a first PLMN) based on a first subscription (e.g., the SIM 308). At 504, the UE may obtain a tunnel connection with a gateway of a second wireless network (e.g., a second PLMN) through the data connection based on a second subscription (e.g., the SIM 310) associated with the second wireless network. At 506, the UE may communicate with the second wireless network through the tunnel connection using the data connection). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the application to incorporate the PLMN of Zhang et al into the wireless network of Jung et al in order to provide the ability to access multiple networks (see Zhang et al; paragraphs 4-7, and 54-56). Consider Claim 6, Jung et al shows a communication method performed by a communication device (see figures 2 and 11; Read as host terminal), the communication method comprising: (a) Transmitting a connection request to a first communication device (see figures 12, 14, and 16; paragraphs 143-145); (In operation 1210, the host terminal may transmit an invitation signaling message, including communication invitation tag information and a terminal list of terminals (the host terminal, the first client terminal, and the second client terminal), to a third client terminal to be invited). (b) Receiving connection permission from the first communication device (see figures 12, 14, and 16; paragraphs 143-145); (In operation 1230, the third client terminal may transmit a communication acceptance message indicating communication establishment acceptance to the host terminal in response to the invitation signaling message received from the host terminal). (c) Establishing a first connection to the first communication device; controlling a communication of a second communication device; and in a case where a certain condition is satisfied, enabling a function of controlling a wireless communication of the second communication device and performing the wireless communication of the second communication device, and autonomously establishing a second connection to the second communication device (see figure 13; paragraphs 150-154); (In operation 1310, the second client terminal may transmit a reentry signaling message, including communication reentry tag information and a terminal list of terminals, to the host terminal and the first client terminal. Herein, the second client terminal, and the host terminal and the first client terminal, which have established communication with the second client terminal, may be included in the terminal list of terminals). (d) The certain condition is a case in which a signal related to a state of emergency is received from at least one of the first communication device, the second communication device, and another communication device, the processor applies a communication parameter included in the signal related to the state of emergency to the function (see paragraphs 4, 5, and 13). However, Jung et al does not specifically show that the terminal is connected to a target public land mobile network (PLMN), via the communication device. In related art, Zhang et al shows that the terminal is connected to a target public land mobile network (PLMN), via the communication device (see paragraphs 54-56); (The UE may obtain a data connection with a first wireless network (e.g., a first PLMN) based on a first subscription (e.g., the SIM 308). At 504, the UE may obtain a tunnel connection with a gateway of a second wireless network (e.g., a second PLMN) through the data connection based on a second subscription (e.g., the SIM 310) associated with the second wireless network. At 506, the UE may communicate with the second wireless network through the tunnel connection using the data connection). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the application to incorporate the PLMN of Zhang et al into the wireless network of Jung et al in order to provide the ability to access multiple networks (see Zhang et al; paragraphs 4-7, and 54-56). Consider Claim 3, Jung et al show that the certain condition is a case in which a connection to the first communication device cannot be established (see figure 12; paragraphs 146-148); (In operation 1250, the first client terminal may transmit a communication rejection message indicating communication establishment rejection to the third client terminal in response to the invitation acceptance signaling message received from the third client terminal. In detail, because the first client terminal does not establish communication with the host terminal, the first client terminal may reject communication establishment with the third client terminal). Consider Claim 5, Jung et al shows that in a case where the certain condition is satisfied and the function is enabled, in response to receiving an indication from the first communication device, the control unit performs disabling of the function and enabling of the function based on the indication from the first communication device (see figure 13; paragraphs 150-154); (In operation 1310, the second client terminal may transmit a reentry signaling message, including communication reentry tag information and a terminal list of terminals, to the host terminal and the first client terminal. Herein, the second client terminal, and the host terminal and the first client terminal, which have established communication with the second client terminal, may be included in the terminal list of terminals). Consider Claim 9, Jung et al shows that in a case where the certain condition is satisfied and the function is enabled, in response to receiving an indication from the first communication device, the control unit performs disabling of the function and enabling of the function based on the indication from the first communication device (see figure 13; paragraphs 150-154); (In operation 1310, the second client terminal may transmit a reentry signaling message, including communication reentry tag information and a terminal list of terminals, to the host terminal and the first client terminal. Herein, the second client terminal, and the host terminal and the first client terminal, which have established communication with the second client terminal, may be included in the terminal list of terminals). Consider Claims 11-12 Jung et al shows that in a case where the certain condition is satisfied and the function is enabled, in response to receiving an indication from the first communication device, the processor performs enabling of the function based on the indication from the first communication device. (see figure 13; paragraphs 150-154); (In operation 1310, the second client terminal may transmit a reentry signaling message, including communication reentry tag information and a terminal list of terminals, to the host terminal and the first client terminal. Herein, the second client terminal, and the host terminal and the first client terminal, which have established communication with the second client terminal, may be included in the terminal list of terminals). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A FARAGALLA whose telephone number is (571)270-1107. The examiner can normally be reached Mon-Fri 8:00-5:00. 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, Matthew Eason can be reached at 571-270-7230. 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. /MICHAEL A FARAGALLA/Primary Examiner, Art Unit 2624 07/25/2026
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Prosecution Timeline

Aug 01, 2023
Application Filed
Aug 06, 2025
Non-Final Rejection mailed — §103
Nov 06, 2025
Response Filed
Mar 11, 2026
Final Rejection mailed — §103
Jun 10, 2026
Response after Non-Final Action
Jul 09, 2026
Request for Continued Examination
Jul 13, 2026
Response after Non-Final Action
Jul 28, 2026
Non-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

3-4
Expected OA Rounds
86%
Grant Probability
94%
With Interview (+8.2%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1013 resolved cases by this examiner. Grant probability derived from career allowance rate.

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