Prosecution Insights
Last updated: April 19, 2026
Application No. 18/263,754

COMMUNICATION DEVICE AND COMMUNICATION METHOD

Final Rejection §102§112
Filed
Aug 01, 2023
Examiner
FARAGALLA, MICHAEL A
Art Unit
2624
Tech Center
2600 — Communications
Assignee
NTT Docomo Inc.
OA Round
2 (Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
93%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
845 granted / 991 resolved
+23.3% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
34 currently pending
Career history
1025
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
66.0%
+26.0% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 991 resolved cases

Office Action

§102 §112
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 . This action is in response to the amendment filed by Applicant on 11/06/2025. This action is made FINAL. Claim Interpretation Claim interpretations under 35 U.S.C. 112(f) have been withdrawn in response to the amendments filed by Applicant. Claim Rejections - 35 USC § 112 Claim rejections under 35 U.S.C. 112(b) have been withdrawn in response to the amendments filed by Applicant. Response to Arguments Applicant's arguments filed 11/06/2025 have been fully considered but they are not persuasive. The applicant states that Jung et al does not specifically show the limitations of (i) “wherein 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,” and (ii) wherein the processor applies a communication parameter included in the signal related to the state of emergency to the function.” Applicant’s attention is respectfully drawn to paragraph 208 of the instant application, where the applicant states that “[w]ith respect to the predetermined condition, the function X may be enabled and an autonomous operation may be performed in a case where a predetermined indication is not received from the device 10B after a predetermined indication is received from another device (for example, the device 10A, the terminal 20, or the like). FIG. 28 is a drawing illustrating an example (2) of an operation related to a state of emergency indication [emphasis added] in an embodiment of the present invention. As illustrated in FIG. 28, a device 10A that is in a situation in which the communication path to the device 10B is cut off may receive a signal related to the state of emergency (for example, disaster occurrence) from another device. In addition, the device 10A may enable the function X and autonomously operate in a case where a signal requesting some of or all of devices 10A to enable the function X is received from another device.” It seems that the Applicant relies on the lack of the specific language of “emergency” in Jung et al. However, the pending claims do not contain language pertaining to the indication of emergency. The claim merely state “a signal related to an emergency,” and the Applicant does not specify what constitutes an emergency. Jung et al specifically states that “there is provided a method of establishing communication between a plurality of terminals by a host terminal of the plurality of terminals, the method including: generating an initiation signaling message comprising a communication initiation tag and a terminal list of terminals; transmitting the generated initiation signaling message to a first client terminal of the plurality of terminals and a second client terminal of the plurality of terminals; receiving, based on the generated initiation signaling message, a first response from the first client terminal and a second response from the second client terminal; and determining whether to establish communication with the first client terminal based on the first response and the second client terminal based on the second response. The terminal list of terminals includes information indicating communication priority of the plurality of client terminals, and a communication establishment trial is performed between the plurality of client terminals according to the communication priority.” See paragraphs 5 and 13 for further elaboration. The communication priority is functionally similar to a state of emergency. Further, determining whether to establish communication is read as “a communication parameter.” In summary, the Applicant is respectfully urged to reconsider the arguments regarding the term “a signal related to a state of emergency,” and what constitutes an emergency since the claims do not provide specific definitions. 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. Claims 1, 3, and 5-6, 9, and 11-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipate by Jung et al (Publication number: US 2016/0198314). 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). 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). 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 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 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 03/07/2026
Read full office action

Prosecution Timeline

Aug 01, 2023
Application Filed
Aug 03, 2025
Non-Final Rejection — §102, §112
Nov 06, 2025
Response Filed
Mar 07, 2026
Final Rejection — §102, §112 (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
85%
Grant Probability
93%
With Interview (+8.0%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 991 resolved cases by this examiner. Grant probability derived from career allow rate.

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