Prosecution Insights
Last updated: October 25, 2026
Application No. 18/286,557

COMMUNICATION DEVICES AND METHODS

Final Rejection §103
Filed
Oct 12, 2023
Priority
Apr 20, 2021 — EU 21169494.8 +1 more
Examiner
KAO, JUTAI
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Sony Group Corporation
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
547 granted / 682 resolved
+22.2% vs TC avg
Strong +17% interview lift
Without
With
+16.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
34 currently pending
Career history
722
Total Applications
across all art units

Statute-Specific Performance

§101
4.8%
-35.2% vs TC avg
§103
60.0%
+20.0% vs TC avg
§102
15.6%
-24.4% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 682 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 Amendment Amendments filed on 07/29/2026 are entered. The amendments overcome the previously presented claim objection of claim 5, 35 U.S.C. 112 rejection of claim 15 and 35 U.S.C. 103 rejections of claims 12-16 and 19. Corresponding rejections/objections are withdrawn. Response to Arguments Applicant's arguments filed 07/29/2026 have been fully considered but they are not persuasive. Regarding claim 1, the Applicant first argues (last paragraph of page 13 and first paragraph of page 14 of the response filed on 07/29/2026) that previously cited reference, Ho, discloses releasing the wireless medium for general contention but does not indicate that he remaining portion of the scheduling interval is released for use by a particular second communication device that is a secondary user of that interval. However, the claim does not specify a "designated" or "particular" secondary user as argued by the applicant. Any other users contending for the released medium may be considered as the claimed "secondary user". The Applicant then argues (second paragraph of page 14 of the response filed on 07/29/2026) that previously cited reference, Nezou, discloses an invention that protects the service period from transmissions originating from non-registered station and legacy station, such that modifying Nezou, based on Ho, with the contention-free end frame defeats the purpose of Nezou to reserve the service period for the registered station. However, Ho discloses the use of the contention-free end frame after detection of an absence of data transmission (paragraph [0093]) and therefore would not affect the transmission of the registered users of the restricted TWT SP of Nezou. Regarding claim 8, the Applicant argues (page 15 of the response flied on 07/29/2026) that Ho describes that an access point transmits a contention-free end frame that resets the network allocation vector of the receiving stations, which opens the medium for general contention as opposed to the release indication of the kind that claim 8 requires the second communication device to listen for. However, the claim simply recites a “release indication indicating the remaining portion of the scheduling interval is released for use by the second communication device”. Since the contention-free end frame ends the contention-free period and allow the second communication device to contend for the medium, it is no different from the claimed “release indication”. Applicant’s arguments, see Applicant’s response, filed 07/29/2026, with respect to currently amended claims 12 and 19 have been fully considered and are persuasive. The 35 U.S.C. 103 rejections of claims 12-16 and 19 has been withdrawn. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-2, 4-5, 8-9, 17-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nezou (US 2023/0413176) in view of Ho (US 2022/0070772). Nezou discloses the following features. Regarding claim 1, circuitry configured to be implemented in a first communication device (see AP in Fig. 4) configured to communicate with a third communication device (see STA1 in Fig. 4), the circuitry comprising circuitry configured to: perform data exchange with the third communication device during a first portion of a scheduling interval (see Low Latency TWT SP 404 in Fig. 4, the first portion being the portion of the LL TWT SP 404 used for multi-user transmission scheme), wherein data exchange between the first and the third communication device is planned during the scheduling interval (wherein the low latency HE TB PPDUs 411, 412, 413, 421, 422, 423 being planned by the TF/TRS frames 410 and 420 in Fig. 4), the first communication device being a primary user of the scheduling interval (see Fig. 4, wherein the AP being the primary user that is allowed to schedule a multi-user transmission as shown in paragraph [0056]); and transmit a release indication indicating that the remaining portion of the scheduling interval is released for use by a second communication device (see Fig. 4, wherein STA3 use the remaining portion of the Low Latency TWT SP 404 to transmit PPDU 430), the second communication device being a secondary user of the scheduling interval (see “the AP may also let the medium free for some registered LL STAs that have some peer-to-peer low-latency traffic to exchange with some other registered STAs (430) in single user (SU) mode” recited in paragraph [0093], wherein the other registered STAs, such as STA3 in Fig. 4 being a secondary user). Regarding claim 8, circuitry configured to be implemented in a second communication device (see STA3 in Fig. 4) configured to communicate with a third communication device (see STA3 communicating with STA4 in block 430 of Fig. 4), the circuitry comprising circuitry configured to stay awake during a scheduling interval (see Fig. 4, wherein STA3 being a registered station for the low latency TWT SP staying awake without turning on its NAV set), wherein data exchange between the third communication device and a first communication device is planned during the scheduling interval (see STA4 being scheduled by the TF/TRS 410 and 420 to communicate with the AP in Fig. 4), the first communication device being a primary user of the scheduling interval (see Fig. 4, wherein the AP being the primary user sending the MU transmission to STA1, STA2 and STA4); listen to a release indication indicating that the remaining portion of the scheduling interval is released for use by the second communication device (see “the AP may also let the medium free for some registered LL STAs that have some peer-to-peer low-latency traffic to exchange with some other registered STAs (430) in single user (SU) mode” recited in paragraph [0093], wherein the other registered STAs, such as STA3 in Fig. 4 being a secondary user); and contend for channel access and/or perform data exchange with the third communication device during at least the remaining portion of the scheduling interval (see Fig. 4, wherein STA3 contends after the SIFS following the PPDU frames 421-423 and sends the SU PPDU 430) if i) a release indication is received (see paragraph [0093], wherein the medium is released, and the release indication taught by Ho as shown below) or ii) no data exchange between the first communication device and the third communication device is observed for at least an inactivity interval. Regarding claim 17, first communication method of a first communication device (see AP in Fig. 4) configured to communicate with a third communication device (see STA1 in Fig. 4), the first communication method comprising performing data exchange with the third communication device during a first portion of a scheduling interval (see Low Latency TWT SP 404 in Fig. 4, the first portion being the portion of the LL TWT SP 404 used for multi-user transmission scheme), wherein data exchange between the first and the third communication device is planned during the scheduling interval (wherein the low latency HE TB PPDUs 411, 412, 413, 421, 422, 423 being planned by the TF/TRS frames 410 and 420 in Fig. 4), the first communication device being a primary user of the scheduling interval (see Fig. 4, wherein the AP being the primary user that is allowed to schedule a multi-user transmission as shown in paragraph [0056]); and transmitting a release indication indicating that the remaining portion of the scheduling interval is released for use by a second communication device (see Fig. 4, wherein STA3 use the remaining portion of the Low Latency TWT SP 404 to transmit PPDU 430), the second communication device being a secondary user of the scheduling interval (see “the AP may also let the medium free for some registered LL STAs that have some peer-to-peer low-latency traffic to exchange with some other registered STAs (430) in single user (SU) mode” recited in paragraph [0093], wherein the other registered STAs, such as STA3 in Fig. 4 being a secondary user). Regarding claim 18, second communication method of a second communication device (see STA3 in Fig. 4) configured to communicate with a third communication device (see STA3 communicating with STA4 in block 430 of Fig. 4), the second communication method comprising staying awake during a scheduling interval (see Fig. 4, wherein STA3 being a registered station for the low latency TWT SP staying awake without turning on its NAV set), wherein data exchange between the third communication device and a first communication device is planned during the scheduling interval (see STA4 being scheduled by the TF/TRS 410 and 420 to communicate with the AP in Fig. 4), the first communication device being a primary user of the scheduling interval (see Fig. 4, wherein the AP being the primary user sending the MU transmission to STA1, STA2 and STA4); listening to a release indication indicating that the remaining portion of the scheduling interval is released for use by the second communication device (see “the AP may also let the medium free for some registered LL STAs that have some peer-to-peer low-latency traffic to exchange with some other registered STAs (430) in single user (SU) mode” recited in paragraph [0093], wherein the other registered STAs, such as STA3 in Fig. 4 being a secondary user); and contending for channel access and/or perform data exchange with the third communication device during at least the remaining portion of the scheduling interval (see Fig. 4, wherein STA3 contends after the SIFS following the PPDU frames 421-423 and sends the SU PPDU 430) if i) a release indication is received (see paragraph [0093], wherein the medium is released, and the release indication taught by Ho as shown below) or ii) no data exchange between the first communication device and the third communication device is observed for at least an inactivity interval. Regarding claim 20, a non-transitory computer-readable recording medium that stores therein a computer program product, which, when executed by a processor (see communication device 200 including CPU 201 and memory 203), causes the method according to claims 17, 18 or 19 to be performed. Nezou does not disclose the following features: regarding claims 1 and 17, transmit a release indication indicating that the remaining portion of the scheduling interval is released for use by a second communication device (Nezou shows the release of the medium but does not show the transmission of a release indication); regarding claim 2, wherein the circuitry is further configured to transmit the release indication after the first communication device has finished data exchange with the third communication device or has empty transmit buffer, and/or to transmit the release indication after reception of an acknowledgement of data reception from the third communication device or after reception of a release indication from the third communication device indicating that the third communication device has finished data exchange with the first communication device; regarding claim 4, wherein the circuitry is further configured to transmit the release indication in an existing transmission opportunity established between the first communication device and the third communication device or in a new transmission opportunity newly established between the first communication device and the second and/or third communication devices; Regarding claim 5, wherein the circuitry is further configured to transmit the release indication, transmitted to the third communication device, as part of data, or as part of control information, or, as part of a PHY header, or as part of a MAC header, or as frame aggregated to a data frame, or as last data frame, or as part of a buffer status report; regarding claims 8 and 18, listen to a release indication indicating that the remaining portion of the scheduling interval is released for use by the second communication device (Nezou shows in Fig. 3 and paragraph [0093], that the STA3 detects the release of the Low latency TWT SP, but does not show a release indication as required in claim 8 of the current application); regarding claim 9, wherein the circuitry is further configured to start contending for channel access and/or perform data exchange with the third communication device during the remaining portion of the scheduling interval only if the release indication has been received from the first or third communication device, and/or to continue data exchange with the third communication device beyond the current scheduling interval, if it is a primary user of the subsequent scheduling interval or if there is no overlap with a subsequent scheduling interval of which the second communication device is not a primary user. Ho discloses the following features. Regarding claims 1 and 17, transmit a release indication indicating that the remaining portion of the scheduling interval is released for use by a second communication device (see “releasing control of the wireless medium may include transmitting a contention-free end (CF-END) frame on the wireless medium” recited in paragraph [0008] and shown in Fig. 13B). Regarding claim 2, wherein the circuitry is further configured to transmit the release indication after the first communication device has finished data exchange with the third communication device or has empty transmit buffer (see step 802 in Fig. 8, wherein the absence of data transmissions from the STAs is detected before releasing the wireless medium and sending the CF-END message as shown in Fig. 13B), and/or to transmit the release indication after reception of an acknowledgement of data reception from the third communication device or after reception of a release indication from the third communication device indicating that the third communication device has finished data exchange with the first communication device. Regarding claim 4, wherein the circuitry is further configured to transmit the release indication in an existing transmission opportunity established between the first communication device and the third communication device (see Fig. 13A-13B, wherein the CF-END is transmitted within the restricted TWT SP for the communication between the AP and STA1a and STA1b) or in a new transmission opportunity newly established between the first communication device and the second and/or third communication devices. Regarding claim 5, wherein the circuitry is further configured to transmit the release indication, transmitted to the third communication device, as part of data, or as part of control information (see “CF-END (CF-END) frame” recited in paragraph [0008] and shown in Fig. 13B, which is considered control information), or, as part of a PHY header, or as part of a MAC header, or as frame aggregated to a data frame, or as last data frame, or as part of a buffer status report. Regarding claims 8 and 18, listen to a release indication indicating that the remaining portion of the scheduling interval is released for use by the second communication device (see “releasing control of the wireless medium may include transmitting a contention-free end (CF-END) frame on the wireless medium” recited in paragraph [0008] and shown in Fig. 13B, wherein STA2 listens and detects the CF-END and therefore is able to transmits data at time t2); contend for channel access and/or perform data exchange with the third communication device during at least the remaining portion of the scheduling interval (see Fig. 4, wherein STA3 contends after the SIFS following the PPDU frames 421-423 and sends the SU PPDU 430) if i) a release indication is received (see Fig. 13B, wherein STA2 transmits data after receiving the CF-END) or ii) no data exchange between the first communication device and the third communication device is observed for at least an inactivity interval (see Fig. 13B, wherein STA2 transmits data after receiving the CF-END as a result of the AP detecting an absence of data transmissions “for more than a certain time period of the restricted TWT SP” recited in paragraph [0093]). Regarding claim 9, wherein the circuitry is further configured to start contending for channel access and/or perform data exchange with the third communication device during the remaining portion of the scheduling interval only if the release indication has been received from the first or third communication device (see Fig. 13B, wherein STA2 only transmits data after the CF-END in the remaining portion of the restricted TWT SP), and/or to continue data exchange with the third communication device beyond the current scheduling interval, if it is a primary user of the subsequent scheduling interval or if there is no overlap with a subsequent scheduling interval of which the second communication device is not a primary user. It would have been obvious to one of ordinary skill in the art at the effective filing date of the current application to modify the system of Nezou using features, as taught by Ho, in order to signal an end of the respective restricted TWT SP (see paragraph [0077] of Ho). Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nezou and Ho as applied to claim 1 above, and further in view of Xing (US 2017/0257902). Nezou and Ho disclose the features as shown above. Nezou does not disclose the following features: regarding claim 3, wherein the circuitry is further configured to refrain from transmitting a release indication if the remaining portion of the scheduling interval is shorter than a transmission duration threshold and/or to refrain from transmitting any data during the remaining portion of the scheduling interval. Xing discloses the following features. Regarding claim 3, wherein the circuitry is further configured to refrain from transmitting a release indication if the remaining portion of the scheduling interval is shorter than a transmission duration threshold and/or to refrain from transmitting any data during the remaining portion of the scheduling interval (see “It should be noted that the duration of the TXOP or service period is limited, i.e., a time threshold, and time occupied by multi-user multi-frame exchange cannot exceed the time threshold. That is, when the STA1˜STA4 has sent all the N multi-user radio frames, although more data is indicated as 1, in order to prevent the transmission time exceeding the time threshold of the TXOP or service period, in the feedback frame for acknowledgement/paging of the multi-user data fed back to the STA1˜STA4, the AP sets paging indications of all the stations as false and sets the duration value as 0 for completing the multi-user multi-frame transmission” recited in paragraph [0094]). It would have been obvious to one of ordinary skill in the art at the effective filing date of the current application to modify the system of Nezou and Ho using features, as taught by Xing, in order to prevent the transmission time exceeding the time threshold of the service period (see paragraph [0094] of Xing). Allowable Subject Matter Claims 12-16 and 19 are allowed. Claims 6-7 and 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 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 JUTAI KAO whose telephone number is (571)272-9719. The examiner can normally be reached Monday-Friday 8:00-17:00 EST. 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, Kwang Yao can be reached at (571)272-3182. 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. /JUTAI KAO/Primary Examiner, Art Unit 2473
Read full office action

Prosecution Timeline

Oct 12, 2023
Application Filed
May 13, 2026
Non-Final Rejection mailed — §103
Jul 29, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
97%
With Interview (+16.9%)
3y 2m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 682 resolved cases by this examiner. Grant probability derived from career allowance rate.

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