Prosecution Insights
Last updated: July 17, 2026
Application No. 18/284,504

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §103
Filed
Sep 27, 2023
Priority
Apr 01, 2021 — nonprovisional of PCTCN2021084969
Examiner
BAIG, ADNAN
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
2 (Non-Final)
69%
Grant Probability
Favorable
2-3
OA Rounds
7m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
387 granted / 563 resolved
+10.7% vs TC avg
Strong +25% interview lift
Without
With
+25.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
36 currently pending
Career history
622
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
92.5%
+52.5% vs TC avg
§102
2.6%
-37.4% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 563 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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1, 3-9, 11-16, and 19-22 have been considered but are moot in view of the new ground(s) of rejection set forth. The rejection of claims 20 and 22 under 35 U.S.C. § 101 have been withdrawn in view of the claim amendment. Applicant's arguments filed January 15 2026 have been fully considered but they are not persuasive. In regards to the applicants arguments regarding the rejection of claim 1, while a new ground(s) of rejection has been set forth for claim 1, the examiner respectfully disagrees with certain arguments presented by the applicant. For example, the applicant argues that based on amended claim 1, a first bandwidth identifier is configured to identify a support of a bandwidth of 320 MHz (or called a large bandwidth identifier) in the link adaptation information. However claim 1 does not claim a “large bandwidth identifier” as argued by the applicant. Rather claim 1 claims a “first bandwidth identifier configured to identify a support of a bandwidth of 320 MHz” in which a new ground(s) of rejection has been set forth for addressing the newly amended claim feature. In regards to the applicants arguments on Pg. 6 of the remarks, that Kim does not disclose “a control field of an MAC header of the first message frame comprises link adaptation information suitable for an extreme high-throughput communication”, however the examiner respectfully disagrees as Kim discloses a control field of an MAC header of the first message frame comprises link adaptation information (see Fig. 22 & Para’s [0294] i.e., The HLA and CAS subfields used herein are types of a control field inserted in a MAC header & [0295-0296] i.e., high-efficiency link adaptation (HLA) control subfield). In regards to claim feature in claim 1 of “suitable for an extreme high-throughput communication, Kim discloses in Para [0049] i.e., The following examples of the present specification may be applied to various wireless communication systems…The present specification may also be applied to a newly proposed EHT standard”. Therefore the control field of an MAC header of the first message frame comprising link adaptation information as disclosed in Fig. 22 & Para’s [0294-0295] is suitable for an extreme high-throughput communication, (Kim, see Para’s [0049] & [0294-0296]). Therefore Kim does discloses the claim feature in claim 1 of “a control field of an MAC header of the first message frame comprises link adaptation information suitable for an extreme high-throughput communication”. In regards to the applicants argument further on Pg. 6 of the remarks with respect to Kim and Para’s 262-276 of Kim and that there is no hint to any field about EHT LA, for the same reasons explained above with respect to Para [0049] of Kim, the control field of an MAC header of the first message frame comprising link adaptation information as disclosed in (Fig. 22 & Para’s [0294-0295]) of Kim is suitable for an extreme high-throughput communication based on Para [0049] which discloses the present specification may also be applied to a newly proposed EHT standard. In regards to the applicants argument further on (Pg. 6 of the remarks), with respect to Para [0007] of Kim which discloses “that the technical features of the present specification can further improve IEEE 802.11be (EHT standard), the applicant argues that Para [0007] is intended for the HE PPDU in Fig. 7, and it never mentions whether the modification to HLA is also applied to EHT LA. However for the same reasons explained above, Para [0049] of Kim discloses i.e., “The following examples of the present specification may be applied to various wireless communication systems…The present specification may also be applied to a newly proposed EHT standard”. Therefore the control field of an MAC header of the first message frame comprising link adaptation information as disclosed in Fig. 22 & Para’s [0294-0295] is suitable for an extreme high-throughput communication, (Kim, see Para’s [0049] & [0294-0296]). In regards to the applicants argument on Pg. 6 of the remarks that Kim fails to disclose the newly added features in claim 1 of the link adaptation information comprises: “a first bandwidth identifier configured to identify a support of a bandwidth of 320 MHz” as previously mentioned, a new ground(s) of rejection has been set forth for addressing the newly amended claim feature. In regards to the applicants arguments regarding the teachings of Huang on Pg. 7 of the remarks, a new ground(s) of rejection has been set forth which does not rely on the teachings of Huang. Therefore arguments with respect to the teachings of Huang are considered moot. Claim Objections Claims 3 and 11 are objected to because of the following informalities: Claim 3 recites, the communication method according to claim 2. However claim 2 has been cancelled and claim 3 should be corrected to recite “the communication method according to claim 1”. Appropriate correction is required. Claim 11 recites, the communication method according to claim 10. However claim 10 has been cancelled and claim 11 should be corrected to recite “the communication method according to claim 9”. Appropriate correction is required. 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, 8-9, 11-13, 16, and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US (2021/0068197) in view of Huang et al. US (2021/0136605). Regarding Claim 1, Kim discloses a communication method, comprising: determining a first message frame (see Fig. 22 & Para’s [0294-0296] i.e., The present specification proposes various control messages/frames. A control message frame may be configured with various messages/frames…For example, the following first option proposes an example of modifying a high-efficiency link adaptation (HLA) control subfield proposed in IEEE 802.11ax used for link adaptation), wherein a control field of a media access control (MAC) header of the first message frame comprises link adaptation information (see Fig. 22 i.e., modified high-efficiency link adaptation (HLA) subfield includes link adaptation information such as recommended NSS, MCS, RU, BW etc.& Para’s [0294-0296] i.e., For example, the following first option proposes an example of modifying a high-efficiency link adaptation (HLA) control subfield proposed in IEEE 802.11ax used for link adaptation…The HLA and CAS subfields used herein are types of a control field inserted in a MAC header…Fig. 22 relates to an example of modifying a high-efficiency link adaptation (HLA) control subfield proposed in IEEE 802.11ax…An AP and/or a user STA may transmit the field of Fig. 22 & [0297-0308] i.e., link adaptation information of the field of Fig. 22 includes recommended NSS, MCS, RU, BW etc.) suitable for an extreme high-throughput communication, (see Para’s [0007] i.e., extremely high throughput (EHT) & [0049] i.e., the present specification may also be applied to a newly proposed EHT standard) and sending the first message frame, (see Para’s [0296] i.e., An AP and/or a user STA may transmit the field of Fig. 22 & [0319]) wherein the link adaptation information comprises: a first bandwidth identifier configured to identify a support of a bandwidth (see Fig. 22 i.e., BW 2216 & Para [0303] i.e., the BW field 2216 may include information about a bandwidth (e.g., 20MHz, 40 MHz, 80 MHz, or the like) preferred/recommended for UL MU communication) Kim does not disclose the claim feature of the first bandwidth identifier configured to identify a support of a bandwidth of 320 MHz. However the claim feature would be rendered obvious in view of Huang et al. US (2021/0136605). Huang discloses wherein the link adaptation information comprises: a first bandwidth identifier configured to identify a support of a bandwidth of 320 MHz, (see Fig. 9 i.e., BW 905 & Para’s [0027], [0029], [0031], [0034] i.e., For extending channel width, the HT control information system may add an additional bit that extends Channel Width to indicate up to 320 MHz, [0096] i.e., HLA control needs additional two bits to extend the BW subfield 905 to accommodate information needed to support 320 MHz and NSS to 16 spatial streams & [0104] i.e., The HT control information system may add one additional bit to extend the BW subfield 905 to indicate up to 320 MHz) (Huang suggests the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield (i.e., Fig. 9) may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links 345-355 (i.e., Fig. 3) may require additional bandwidth, (see Fig. 3, Fig. 8, & Para’s [0029], [0070], [0094], [0096], & [0104])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the link adaptation information comprising a first bandwidth identifier configured to identify a support of a bandwidth included in the HLA control subfield of the first message frame suitable for extreme high-throughput (EHT) communication as disclosed in Kim to identify a support of a bandwidth of 320 MHz as indicated in the bandwidth field 905 of the HLA control subfield disclosed in the teachings of Huang, because the motivation lies in Huang that the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links may require additional bandwidth. Regarding Claims 3 and 11, the combination of Kim in view of Huang discloses the communication method according to claims 2 and 10, wherein the link adaptation information further comprises: a second bandwidth identifier configured to identify a support of a bandwidth less than 320 MHz, (Kim, see Fig. 22 i.e., BW 2216 & Para [0303] i.e., the BW field 2216 may include information about a bandwidth (e.g., 20MHz, 40MHz, 80 MHz, or the like) (i.e., “bandwidth less than 320 MHz”) preferred/recommended for UL MU communication (i.e., bits used to define bandwidth information such as 20MHz, 40MHz, 80 MHz, or the like may refer to the “second identifier” and additional bits used to define bandwidth information such as 320MHz as disclosed in Huang (‘605) in Para’s [0096] & [0104] may refer to the “first identifier”)) Regarding Claims 4 and 12, the combination of Kim in view of Huang discloses the communication method according to claims 3 and 11, wherein when the first bandwidth identifier is set to support the bandwidth of 320 MHz (Huang, see Para’s [0096] i.e., additional bits which are set to indicate support of 320 MHz may be the “first identifier” & [0104]), the second bandwidth identifier may be set to support a bandwidth less than 320 MHz such as 160 MHz (Kim, see Para [0303] i.e., the BW field may include information about a bandwidth (e.g., 20 MHz, 40 MHz, 80 MHz, or the like) where “or the like” suggests 160 MHz may be indicated through a set of bits (i.e., “second bandwidth identifier”)), however Kim does not explicitly disclose supporting the bandwidth of 160 MHz. However the claim feature would be rendered obvious in view of Huang et al. US (2021/0136605). Huang discloses a wireless device or access point supports communication over channel bandwidths including 160 MHz which may be indicated through a set of bits (i.e., second bandwidth identifier) in BW subfield 905, (see Fig. 9, 905 & Para’s [0096], [0104], & [0183])). (Huang suggests additional bits are added to extend the BW field to provide up to 320 MHz of bandwidth required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links 345-355 may require additional bandwidth (see Fig. 3, Fig. 8, & Para’s [0029], [0070], [0094], [0096], & [0104])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the second bandwidth identifier which may be set to support a bandwidth less than 320 MHz as disclosed in Kim to be set to support a bandwidth of 160 MHz based on the teachings of Huang who discloses a wireless device or access point supports communication over channel bandwidths including 160 MHz which may be indicated through a set of bits (i.e., second bandwidth identifier) in BW subfield 905, because the motivation lies in Huang that additional bits are added to extend the BW field to provide up to 320 MHz of bandwidth required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links may require additional bandwidth. Regarding Claim 5, Kim discloses the communication method according to claim 2, wherein the link adaptation information further comprises: a resource unit allocation identifier configured to identify an allocated single resource unit or multiple resource unit, (see Fig. 22 i.e., RU allocation 2215 & Para [0300] i.e., the RU allocation field 2215 of Fig. 22 may include information about a preferred/recommended RU for UL MU communication) Regarding Claim 8, Kim discloses the communication method according to claim 1, wherein the link adaptation information comprises: an identifier of a number of spatial streams configured to identify a support of any one of 1 spatial stream to 16 spatial streams, (see Fig. 22 i.e., NSS 2212 & Para [0302] i.e., the NSS field 2212 may include information about the number of spatial streams preferred/recommended for UL MU communication…the AP may allocate a spatial stream indicated by the NSS field 2212 for UL MU communication of the user STA transmitting the NSS field 2212) Regarding Claim 9, Kim discloses a communication method, comprising: receiving a first message frame, (see Fig. 22 & Para’s [0294-0296] i.e., The present specification proposes various control messages/frames. A control message frame may be configured with various messages/frames…For example, the following first option proposes an example of modifying a high-efficiency link adaptation (HLA) control subfield proposed in IEEE 802.11ax used for link adaptation, [0296] i.e., An AP and/or a user STA may transmit the field of Fig. 22 (i.e., frame will be received by receiving device), & [0319]) wherein a control field of a media access control (MAC) header of the first message frame comprises link adaptation information (see Fig. 22 i.e., modified high-efficiency link adaptation (HLA) subfield includes link adaptation information such as recommended NSS, MCS, RU, BW etc.& Para’s [0294-0296] i.e., For example, the following first option proposes an example of modifying a high-efficiency link adaptation (HLA) control subfield proposed in IEEE 802.11ax used for link adaptation…The HLA and CAS subfields used herein are types of a control field inserted in a MAC header…Fig. 22 relates to an example of modifying a high-efficiency link adaptation (HLA) control subfield proposed in IEEE 802.11ax…An AP and/or a user STA may transmit the field of Fig. 22 & [0297-0308] i.e., link adaptation information of the field of Fig. 22 includes recommended NSS, MCS, RU, BW etc.) suitable for an extreme high-throughput communication, (see Para’s [0007] i.e., extremely high throughput (EHT) & [0049] i.e., the present specification may also be applied to a newly proposed EHT standard) and performing a communication operation according to the first message frame, (see Para’s [0296], [0304] i.e., For example, when the narrowband RU field 2220 has the second value, the plurality of fields 2212, 2213, 2215, 2216, and the like illustrated in Fig. 22 may be used for DL communication for the user STA, & [0305-0308] i.e., Specifically, when the AP receives the narrowband RU field 2220 having the second value, the AP may configure a DL PPDU based on the RU allocation field 2215. More specifically, when the AP configures the DL PPDU, the size of a DL RU for the user STA may be determined based on the size of an RU included in the RU allocation field 2215) wherein the link adaptation information comprises: a first bandwidth identifier configured to identify a support of a bandwidth (see Fig. 22 i.e., BW 2216 & Para [0303] i.e., the BW field 2216 may include information about a bandwidth (e.g., 20MHz, 40 MHz, 80 MHz, or the like) preferred/recommended for UL MU communication) Kim does not disclose the claim feature of the first bandwidth identifier configured to identify a support of a bandwidth of 320 MHz. However the claim feature would be rendered obvious in view of Huang et al. US (2021/0136605). Huang discloses wherein the link adaptation information comprises: a first bandwidth identifier configured to identify a support of a bandwidth of 320 MHz, (see Fig. 9 i.e., BW 905 & Para’s [0027], [0029], [0031], [0034] i.e., For extending channel width, the HT control information system may add an additional bit that extends Channel Width to indicate up to 320 MHz, [0096] i.e., HLA control needs additional two bits to extend the BW subfield 905 to accommodate information needed to support 320 MHz and NSS to 16 spatial streams & [0104] i.e., The HT control information system may add one additional bit to extend the BW subfield 905 to indicate up to 320 MHz) (Huang suggests the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield (i.e., Fig. 9) may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links 345-355 (i.e., Fig. 3) may require additional bandwidth, (see Fig. 3, Fig. 8, & Para’s [0029], [0070], [0094], [0096], & [0104])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the link adaptation information comprising a first bandwidth identifier configured to identify a support of a bandwidth included in the HLA control subfield of the first message frame suitable for extreme high-throughput (EHT) communication as disclosed in Kim to identify a support of a bandwidth of 320 MHz as indicated in the bandwidth field 905 of the HLA control subfield disclosed in the teachings of Huang, because the motivation lies in Huang that the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links may require additional bandwidth. Regarding Claim 13, Kim discloses the communication method according to claim 10, wherein the link adaptation information further comprises: a resource unit allocation identifier configured to identify an allocated single resource unit or multiple resource unit. (see Fig. 22 i.e., RU allocation 2215 & Para [0300] i.e., the RU allocation field 2215 of Fig. 22 may include information about a preferred/recommended RU for UL MU communication) Regarding Claim 16, Kim discloses the communication method according to claim 9, wherein the link adaptation information comprises: an identifier of a number of spatial streams configured to identify a support of any one of 1 spatial stream to 16 spatial streams, (see Fig. 22 i.e., NSS 2212 & Para [0302] i.e., the NSS field 2212 may include information about the number of spatial streams preferred/recommended for UL MU communication…the AP may allocate a spatial stream indicated by the NSS field 2212 for UL MU communication of the user STA transmitting the NSS field 2212) Regarding Claim 19, Kim discloses an electronic device (see Fig. 29 i.e., user-STA or an AP 2900 & Para [0338-0340]), comprising a memory (see Fig. 29 i.e., memory 2920 & Para’s [0343-0344]), a processor (see Fig. 29 i.e., processor 2910 & Para’s [0342-0343]), wherein the processor is configured to: determining a first message frame (see Fig. 22 & Para’s [0294-0296] i.e., The present specification proposes various control messages/frames. A control message frame may be configured with various messages/frames…For example, the following first option proposes an example of modifying a high-efficiency link adaptation (HLA) control subfield proposed in IEEE 802.11ax used for link adaptation), wherein a control field of a media access control (MAC) header of the first message frame comprises link adaptation information (see Fig. 22 i.e., modified high-efficiency link adaptation (HLA) subfield includes link adaptation information such as recommended NSS, MCS, RU, BW etc.& Para’s [0294-0296] i.e., For example, the following first option proposes an example of modifying a high-efficiency link adaptation (HLA) control subfield proposed in IEEE 802.11ax used for link adaptation…The HLA and CAS subfields used herein are types of a control field inserted in a MAC header…Fig. 22 relates to an example of modifying a high-efficiency link adaptation (HLA) control subfield proposed in IEEE 802.11ax…An AP and/or a user STA may transmit the field of Fig. 22 & [0297-0308] i.e., link adaptation information of the field of Fig. 22 includes recommended NSS, MCS, RU, BW etc.) suitable for an extreme high-throughput communication, (see Para’s [0007] i.e., extremely high throughput (EHT) & [0049] i.e., the present specification may also be applied to a newly proposed EHT standard) and send the first message frame, (see Para’s [0296] i.e., An AP and/or a user STA may transmit the field of Fig. 22 & [0319]) . Kim does not explicitly disclose the claim features of the electronic device comprising a computer program stored in the memory and runnable on the processor, wherein the processor is configured to execute the computer program to determine and send the first message frame and does not disclose the claim feature of the first bandwidth identifier configured to identify a support of a bandwidth of 320 MHz. However the claim features would be rendered obvious in view of Huang et al. US (2021/0136605). Huang discloses an electronic device comprising a computer program stored in the memory and runnable on the processor (see Para’s [0168] i.e., machine-readable medium may include any medium that is capable of storing instructions for execution by the machine 1700 to perform any one or more of the techniques of the present disclosure, & [0278-0282] i.e., computer-executable instructions), wherein the processor is configured to execute the computer program to determine and send a first message frame comprising link adaptation information suitable for an extreme high-throughput communication, (see Fig. 9 & Para’s [0096], [0104], [0168], & [0278-0282]) Huang discloses wherein the link adaptation information comprises: a first bandwidth identifier configured to identify a support of a bandwidth of 320 MHz, (see Fig. 9 i.e., BW 905 & Para’s [0027], [0029], [0031], [0034] i.e., For extending channel width, the HT control information system may add an additional bit that extends Channel Width to indicate up to 320 MHz, [0096] i.e., HLA control needs additional two bits to extend the BW subfield 905 to accommodate information needed to support 320 MHz and NSS to 16 spatial streams & [0104] i.e., The HT control information system may add one additional bit to extend the BW subfield 905 to indicate up to 320 MHz) (Huang suggests the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield (i.e., Fig. 9) may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links 345-355 (i.e., Fig. 3) may require additional bandwidth, (see Fig. 3, Fig. 8, & Para’s [0029], [0070], [0094], [0096], & [0104])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the link adaptation information comprising a first bandwidth identifier configured to identify a support of a bandwidth included in the HLA control subfield of the first message frame suitable for extreme high-throughput (EHT) communication sent by the electronic device as disclosed in Kim to include the computer executable instructions of the electronic device and identify a support of a bandwidth of 320 MHz as indicated in the bandwidth field 905 of the HLA control subfield sent by the electronic device as disclosed in the teachings of Huang, because the motivation lies in Huang that the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links may require additional bandwidth. Regarding Claim 20, Kim discloses a non-transitory computer-readable storage medium (see Fig. 29 & Para [0343] i.e., the memory 2920 may include a storage medium) and a processor (see Fig. 29 i.e., processor 2910 & Para [0342-0343]) which causes the method according to claim 1 to be implemented (see rejection of claim 1 with respect to Kim), but does not disclose the non-transitory computer-readable storage medium having stored therein a computer program that, when executed by a processor implements the method. However the claim features would be rendered obvious in view of Huang et al. US (2021/0136605). Huang discloses a non-transitory computer-readable storage medium having stored therein a computer program, that when executed by a processor (see Para’s [0168] i.e., machine-readable medium may include any medium that is capable of storing instructions for execution by the machine 1700 to perform any one or more of the techniques of the present disclosure, & [0278-0282] i.e., computer-executable instructions) causes the processor to determine and send a first message frame comprising link adaptation information suitable for an extreme high-throughput communication, (see Fig. 9 & Para’s [0096], [0104], [0168], & [0278-0282]). (Huang suggests the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield (i.e., Fig. 9) may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links 345-355 (i.e., Fig. 3) may require additional bandwidth, (see Fig. 3, Fig. 8, & Para’s [0029], [0070], [0094], [0096], & [0104])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the electronic device comprising a computer-readable storage medium and processor configured to determine and send the first message frame according to the method of claim 1 as disclosed in Kim to store a computer program that when executed by the processor, cause the processor and computer-readable storage medium to determine and send the first message frame as performed by the electronic device disclosed in the teachings of Huang, because the motivation lies in Huang that the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links may require additional bandwidth. Regarding Claim 21, Kim discloses an electronic device (see Fig. 29 i.e., user-STA or an AP 2900 & Para [0338-0340]), comprising a memory (see Fig. 29 i.e., memory 2920 & Para’s [0343-0344]), a processor (see Fig. 29 i.e., processor 2910 & Para’s [0342-0343]), to implement the method according to claim 9 (see rejection of claim 9 with respect to Kim), but does not disclose the claim features of the electronic device comprising a computer program stored in the memory and runnable on the processor, to implement the method when executing the computer program. However the claim features would be rendered obvious in view of Huang et al. US (2021/0136605). Huang discloses an electronic device comprising a computer program stored in the memory and runnable on the processor (see Para’s [0168] i.e., machine-readable medium may include any medium that is capable of storing instructions for execution by the machine 1700 to perform any one or more of the techniques of the present disclosure, & [0278-0282] i.e., computer-executable instructions), wherein the processor executes the computer program to receive a first message frame comprising link adaptation information suitable for an extreme high-throughput communication, (see Fig. 9 & Para’s [0096], [0104], [0168], & [0278-0282]). (Huang suggests the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield (i.e., Fig. 9) may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links 345-355 (i.e., Fig. 3) may require additional bandwidth, (see Fig. 3, Fig. 8, & Para’s [0029], [0070], [0094], [0096], & [0104])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the electronic device comprising a memory and processor configured to receive the first message frame and perform a communication operation according to the first message frame as disclosed in Kim to be performed by comprising a computer program stored in the memory and runnable on the processor, wherein the processor executes the computer program to receive the first message frame as performed by the electronic device disclosed in the teachings of Huang, because the motivation lies in Huang that the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links may require additional bandwidth. Regarding Claim 22, Kim discloses a non-transitory computer-readable storage medium (see Fig. 29 & Para [0343] i.e., the memory 2920 may include a storage medium) and a processor (see Fig. 29 i.e., processor 2910 & Para [0342-0343]) which causes the method according to claim 9 to be implemented (see rejection of claim 9 with respect to Kim), but does not disclose the non-transitory computer-readable storage medium having stored therein a computer program that, when executed by a processor implements the method. However the claim features would be rendered obvious in view of Huang et al. US (2021/0136605). Huang discloses a non-transitory computer-readable storage medium having stored therein a computer program (see Para’s [0168] i.e., machine-readable medium may include any medium that is capable of storing instructions for execution by the machine 1700 to perform any one or more of the techniques of the present disclosure, & [0278-0282] i.e., computer-executable instructions), that when executed by a processor causes the processor to receive a first message frame comprising link adaptation information suitable for an extreme high-throughput communication, (see Fig. 9 & Para’s [0096], [0104], [0168], & [0278-0282]). (Huang suggests the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield (i.e., Fig. 9) may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links 345-355 (i.e., Fig. 3) may require additional bandwidth, (see Fig. 3, Fig. 8, & Para’s [0029], [0070], [0094], [0096], & [0104])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the electronic device comprising a computer-readable storage medium and processor configured to receive the first message frame and perform a communication operation according to the first message frame according to the method of claim 9 as disclosed in Kim to be performed by storing a computer program that when executed by the processor, cause the processor and computer-readable storage medium to receive the first message frame as performed by the electronic device disclosed in the teachings of Huang, because the motivation lies in Huang that the bandwidth of 320 MHz indicated as supported in the BW subfield 905 in the HLA control subfield may be required for MLD devices for supporting extreme high-throughput (EHT) communication in which one or more links may require additional bandwidth. 4. Claims 6-7 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US (2021/0068197) in view of Huang et al. US (2021/0136605), further in view of Huang et al. US (2019/0238259), and further in view of Anwyl et al. US (2017/0230220). Regarding Claims 6 and 14, Kim discloses the communication method according to claims 1 and 9, including wherein the link adaptation information comprises: a first modulation mode identifier (see Fig. 22 i.e., HE-MCS 2213 & Para [0301] i.e., MCS index is included in the HE-MCS field 2213), but does not disclose the claim feature of the first modulation mode identifier configured to identify a modulation mode of a binary phase shift keying-dual carrier modulation (BPSK-DCM) or a modulation mode of a binary phase shift keying-dual carrier modulation-duplication (BPSK-DCM-DUP). However the claim feature would be rendered obvious in view of Huang et al. US (2019/0238259). Huang discloses a first modulation mode identifier such as an MCS index value configured to identify a modulation mode of a binary phase shift keying-dual carrier modulation (BPSK-DCM) (see Para’s [0112] & [0113] i.e., A row for a HE-MCS index value (e.g., 0, 1, 2,…) may include choices for dual carrier modulation (DCM) being equal to 1 or 0; a type of modulation (e.g., BPSK, QPSK, 16-QAM, 64-QAM, 256-QAM, 1024-QAM). (Huang suggests the MCS index value may indicate a selection in a table that includes link adaptation information such as the number of spatial streams, DCM, and type of modulation used for the communication for indicating link adaptation information, (see Para’s [0112-0113])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the first modulation mode identifier included in the frame such as the MCS index value as disclosed in Kim in view of Huang to identify a modulation mode of a binary phase shift keying-dual carrier modulation (BPSK-DCM) which is identified by the MCS index value disclosed in the teachings of Huang, because the motivation lies in Huang that the MCS index value may indicate a selection in a table that includes link adaptation information such as the number of spatial streams, DCM, and type of modulation used for the communication for indicating link adaptation information. While the combination of Kim in view of Huang suggests a binary phase shift keying-dual carrier modulation (BPSK-DCM) can be indicated by the MCS index value, (Huang (‘259), see Para [0113]), the combination of Kim in view of Huang, and further in view of Huang does not explicitly disclose the binary phase shift keying-dual carrier modulation (BPSK-DCM) mode. However the claim feature would be rendered obvious in view of Anwyl et al. US (2017/0230220). Anwyl discloses binary phase shift keying-dual carrier modulation (BPSK-DCM) may be used as a modulation scheme for a data transmission (see Para’s [0028], [0031], & [0033-0034] i.e., For DCM BPSK modulation, data is duplicated and modulated with no special mapping, e.g., the same BPSK mapping is used for the lower half of the subcarriers and the upper half of the subcarriers). (Anwyl suggests DCM is a solution to deal with narrow band interferences and for range extension and a lower or reduced PAPR is achieved by using BPSK-DCM modulation mode, (see Para [0008], [0022], [0028], & [0031])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the first modulation mode identifier such as the MCS index value disclosed in the teachings of Kim in view of Huang, and further in view of Huang to identify the binary phase shift keying-dual carrier modulation (BPSK-DCM) mode as disclosed in the teachings of Anwyl, because the motivation lies in Anwyl that DCM is a solution to deal with narrow band interferences and for range extension and a lower or reduced PAPR is achieved by using the BPSK-DCM modulation mode. Regarding Claims 7 and 15, the combination of Kim in view of Huang, further in view of Huang, and further in view of Anwyl discloses the communication method according to claims 6 and 14, including wherein the link adaptation information further comprises: a DCM identification bit configured to identify a usability of a dual carrier modulation in the frame (Kim, see Fig. 22 i.e., DCM & Para’s [0094] i.e., dual subcarrier modulation) but does not explicitly disclose wherein the link adaptation information further comprises: a dual carrier modulation (DCM) identification bit configured to identify a usability of a dual carrier modulation, and wherein when the dual carrier modulation (DCM) identification bit is set to indicate a use of the dual carrier modulation, the first modulation mode identifier is set to the modulation mode of the BPSK-DCM or the modulation mode of the BPSK-DCM-DUP. However the claim features would be rendered obvious in view of Huang et al. US (2019/0238259). Huang discloses wherein the link adaptation information further comprises: a dual carrier modulation (DCM) identification bit configured to identify a usability of a dual carrier modulation (see Para [0113] i.e., A row for a HE-MCS index value may include choices for dual carrier modulation (DCM) being equal to 1 or 0; a type of modulation (e.g., BPSK)), and wherein when the dual carrier modulation (DCM) identification bit is set to indicate a use of the dual carrier modulation (see Para [0113] i.e., dual carrier modulation (DCM) being equal to 1), the first modulation mode identifier is set to the modulation mode of the BPSK-DCM (see Para [0113] i.e., A row for a HE-MCS index value may include choices for dual carrier modulation (DCM) being equal to 1 or 0; a type of modulation (e.g., BPSK) (i.e., “BPSK-DCM”)). (Huang suggests the MCS index value may indicate a selection in a table that includes link adaptation information such as the number of spatial streams, DCM, and type of modulation used for the communication for indicating link adaptation information, (see Para’s [0112-0113])). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date for the first modulation mode identifier included such as the MCS index value and the dual carrier modulation (DCM) identification bit configured to identify a usability of a dual carrier modulation in the frame as disclosed in Kim in view of Huang, further in view of Huang, and further in view of Anwyl to identify a modulation mode of a binary phase shift keying-dual carrier modulation (BPSK-DCM) which is identified by the MCS index value and when the DCM identification bit is set to indicate a use of the dual carrier modulation as disclosed in the teachings of Huang, because the motivation lies in Huang that the MCS index value may indicate a selection in a table that includes link adaptation information such as the number of spatial streams, DCM, and type of modulation used for the communication for indicating link adaptation information. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADNAN A BAIG whose telephone number is (571)270-7511. The examiner can normally be reached M-F 9:00am-5:00pm. 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, Huy Vu can be reached at 571-272-3155. 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. /ADNAN BAIG/Primary Examiner, Art Unit 2461
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Prosecution Timeline

Sep 27, 2023
Application Filed
Oct 21, 2025
Non-Final Rejection mailed — §103
Jan 15, 2026
Response Filed
May 22, 2026
Non-Final Rejection mailed — §103 (current)

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Expected OA Rounds
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3y 4m (~7m remaining)
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