Prosecution Insights
Last updated: October 02, 2026
Application No. 18/344,754

APPARATUS, SYSTEM, AND METHOD OF COMMUNICATING A PHYSICAL LAYER (PHY) PROTOCOL DATA UNIT (PPDU)

Non-Final OA §102§103
Filed
Jun 29, 2023
Examiner
ZHAO, WEI
Art Unit
Tech Center
Assignee
Intel Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
972 granted / 1088 resolved
+29.3% vs TC avg
Strong +16% interview lift
Without
With
+15.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
21 currently pending
Career history
1109
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
42.7%
+2.7% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
20.3%
-19.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1088 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement 2. Acknowledgment is made of Applicant’s submission of information disclosure statement (IDS), dated on September 29, 2023 and May 15, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Examiner's Notes 3. Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. Application Status 4. Acknowledgment is made of Applicant’s submission of the instant application, dated June 29, 2023. Claims 1-20 are pending. This communication is considered fully responsive and sets forth below. Claim Rejections - 35 USC § 102 5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 6. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (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. 7. Claims 1, 8, 12, 16-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (US 11,006,480). Regarding claim 1, Zhang et al. teach the apparatus comprising logic and circuitry configured to cause a wireless communication Station (STA) to (column [4] lines 41-61; Examiner’s Notes: transmitting device 14 depicted in FIG. 1 of the prior art teaches the limitation of “a wireless communication Station (STA)” in the instant application): generate a preamble of a Physical Layer (PHY) Protocol Data Unit (PPDU) according to a PPDU frame format (columns [3] lines 11-13 & [6] lines 24-33; Examiner’s Notes: the protocol data unit, e.g., a PHY data unit, in the prior art teaches the limitation of “a Physical Layer (PHY) Protocol Data Unit (PPDU);” in fact, generating a preamble of the protocol data unit, e.g., a PHY data unit, according to the format in the prior art teaches the limitation of “generate a preamble of a Physical Layer (PHY) Protocol Data Unit (PPDU) according to a PPDU frame format” in the instant application); generate a data payload of the PPDU according to the PPDU frame format (columns [3] lines 11-13 & [6] lines 24-33; Examiner’s Notes: generating a data payload of the protocol data unit, e.g., a PHY data unit, according to the format in the prior art teaches the limitation of “generate a data payload of the PPDU according to the PPDU frame format” in the instant application), the data payload comprising a plurality of data payload portions (column [6] lines 24-33; Examiner’s Notes: the first portion and the second portion of the data payload in the prior art teaches the limitation of “the data payload comprising a plurality of data payload portions” in the instant application), wherein the PPDU comprises a predefined Training Field (TF) between a first data payload portion and a second data payload portion of the plurality of data payload portions (column [6] lines 24-33; Examiner’s Notes: the training field in the midamble transmitted between a first portion and the second portion of the data payload in the prior art teaches the limitation of “wherein the PPDU comprises a predefined Training Field (TF) between a first data payload portion and a second data payload portion of the plurality of data payload portions” in the instant application); and transmit the PPDU (column [4] lines 41-61; Examiner’s Notes: transmitting the PHY protocol data unit, such as to client 25-1, as illustrated in FIG. 1 of the prior art teaches the limitation of “transmit the PPDU” in the instant application). Regarding claim 8, Zhang et al. further teach the apparatus, wherein the PPDU comprises a fragmented PPDU according to a fragmented PPDU frame format (columns [3] lines 11-13 & [6] lines 24-33; Examiner’s Notes: the data payload of the protocol data unit, e.g., a PHY data unit, regards to the format in the prior art teaches the limitation of “wherein the PPDU comprises a fragmented PPDU according to a fragmented PPDU frame format” in the instant application), wherein the plurality of data payload portions comprises a plurality of PPDU fragments (column [6] lines 24-33; Examiner’s Notes: the first portion and the second portion of the data payload in the prior art teaches the limitation of “wherein the plurality of data payload portions comprises a plurality of PPDU fragments” in the instant application), wherein the predefined TF is between a first PPDU fragment and a second PPDU fragment (column [6] lines 24-33; Examiner’s Notes: the training field in the midamble transmitted between a first portion and the second portion of the data payload in the prior art teaches the limitation of “wherein the predefined TF is between a first PPDU fragment and a second PPDU fragment” in the instant application). Regarding claim 12, Zhang et al. further teach the apparatus, wherein the preamble comprises a non High Throughput (HT) Short Training Field (L-STF) (column [7] lines 27-42; Examiner’s Notes: the legacy short training field (L-STF) in the prior art teaches the limitation of “wherein the preamble comprises a non High Throughput (HT) Short Training Field (L-STF)” in the instant application), wherein the predefined TF is different from the L-STF (column [7] lines 27-42; Examiner’s Notes: the training field, e.g., the legacy long training field (L-LTF) 81, different from L-STF 80, as illustrated in FIG. 2B in the prior art teaches the limitation of “wherein the predefined TF is different from the L-STF” in the instant application). Regarding claim 16, Zhang et al. further teach the apparatus comprising a radio to transmit the PPDU (column [4] lines 41-61; Examiner’s Notes: transmitting radio signal, including the protocol data unit, e.g., a PHY data unit, via antenna 24-1 as illustrated in FIG. 1 in the prior art teaches the limitation of “a radio to transmit the PPDU” in the instant application). Regarding claim 17, Zhang et al. further teach the apparatus comprising one or more antennas connected to the radio (column [4] lines 41-61; Examiner’s Notes: antenna 24-1 depicted in FIG. 1 of the prior art teaches the limitation of “one or more antennas connected to the radio” in the instant application), and a processor to execute instructions of an operating system of the STA (column [4] lines 41-61; Examiner’s Notes: host processor 15 depicted in FIG. 1 of the prior art teaches the limitation of “a processor to execute instructions of an operating system of the STA” in the instant application). Regarding claim 18, Zhang et al. teach the product comprising one or more tangible computer-readable non-transitory storage media (column [38] lines 39-48; Examiner’s Notes: the tangible computer readable storage medium in the prior art teaches the limitation of “one or more tangible computer-readable non-transitory storage media” in the instant application) comprising instructions operable to, when executed by at least one processor (column [4] lines 41-61; Examiner’s Notes: transmitting device 14 depicted in FIG. 1 of the prior art teaches the limitation of “a wireless communication Station (STA)” in the instant application), enable the at least one processor to cause a wireless communication Station (STA) to (column [4] lines 41-61; Examiner’s Notes: transmitting device 14 depicted in FIG. 1 of the prior art teaches the limitation of “a wireless communication Station (STA)” in the instant application): generate a preamble of a Physical Layer (PHY) Protocol Data Unit (PPDU) according to a PPDU frame format (columns [3] lines 11-13 & [6] lines 24-33; Examiner’s Notes: the protocol data unit, e.g., a PHY data unit, in the prior art teaches the limitation of “a Physical Layer (PHY) Protocol Data Unit (PPDU);” in fact, generating a preamble of the protocol data unit, e.g., a PHY data unit, according to the format in the prior art teaches the limitation of “generate a preamble of a Physical Layer (PHY) Protocol Data Unit (PPDU) according to a PPDU frame format” in the instant application); generate a data payload of the PPDU according to the PPDU frame format (columns [3] lines 11-13 & [6] lines 24-33; Examiner’s Notes: generating a data payload of the protocol data unit, e.g., a PHY data unit, according to the format in the prior art teaches the limitation of “generate a data payload of the PPDU according to the PPDU frame format” in the instant application), the data payload comprising a plurality of data payload portions (column [6] lines 24-33; Examiner’s Notes: the first portion and the second portion of the data payload in the prior art teaches the limitation of “the data payload comprising a plurality of data payload portions” in the instant application), wherein the PPDU comprises a predefined Training Field (TF) between a first data payload portion and a second data payload portion of the plurality of data payload portions (column [6] lines 24-33; Examiner’s Notes: the training field in the midamble transmitted between a first portion and the second portion of the data payload in the prior art teaches the limitation of “wherein the PPDU comprises a predefined Training Field (TF) between a first data payload portion and a second data payload portion of the plurality of data payload portions” in the instant application); and transmit the PPDU (column [4] lines 41-61; Examiner’s Notes: transmitting the PHY protocol data unit, such as to client 25-1, as illustrated in FIG. 1 of the prior art teaches the limitation of “transmit the PPDU” in the instant application). Regarding claim 20, Zhang et al. further teach the product, wherein the PPDU comprises a fragmented PPDU according to a fragmented PPDU frame format (columns [3] lines 11-13 & [6] lines 24-33; Examiner’s Notes: the data payload of the protocol data unit, e.g., a PHY data unit, regards to the format in the prior art teaches the limitation of “wherein the PPDU comprises a fragmented PPDU according to a fragmented PPDU frame format” in the instant application), wherein the plurality of data payload portions comprises a plurality of PPDU fragments (column [6] lines 24-33; Examiner’s Notes: the first portion and the second portion of the data payload in the prior art teaches the limitation of “wherein the plurality of data payload portions comprises a plurality of PPDU fragments” in the instant application), wherein the predefined TF is between a first PPDU fragment and a second PPDU fragment (column [6] lines 24-33; Examiner’s Notes: the training field in the midamble transmitted between a first portion and the second portion of the data payload in the prior art teaches the limitation of “wherein the predefined TF is between a first PPDU fragment and a second PPDU fragment” in the instant application). Claim Rejections - 35 USC § 103 8. 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 of this title, 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. 9. Claims 2, 10, 11, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 11,006,480) in view of Patil et al. (US 2021/0014911). Regarding claim 2, Zhang et al. teach the apparatus without explicitly teaching implementing an Aggregate PHY Service Data Unit (PSDU) (A-PSDU) according to an A-PSDU frame format. Patil et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the PPDU comprises an Aggregate PHY Service Data Unit (PSDU) (A-PSDU) according to an A-PSDU frame format (paragraph [0093] lines 1-19; Examiner’s Notes: PPDU 400 including aggregate PSDU 404 according to the format as illustrated in FIG. 4 in the prior art teaches the limitation of “wherein the PPDU comprises an Aggregate PHY Service Data Unit (PSDU) (A-PSDU) according to an A-PSDU frame format” in the instant application), wherein the plurality of data payload portions comprises a plurality of PSDUs (paragraph [0093] lines 1-19; Examiner’s Notes: the data portions/payloads including multiple PSDUs in the prior art teaches the limitation of “wherein the plurality of data payload portions comprises a plurality of PSDUs” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Patil et al. in the system of Zhang et al. The motivation for implementing an Aggregate PHY Service Data Unit (PSDU) (A-PSDU) according to an A-PSDU frame format, is to further enhance the mechanism for associating a wireless communication device such as a wireless station (STA) of a STA multi-link device (MLD) with an access point (AP) MLD that includes a first AP associated with a first communication link of the AP MLD and includes secondary APs associated with respective secondary communication links of the first AP MLD, wherein the first AP includes virtual APs, and the first AP and the virtual APs of the first AP belong to a first multiple basic service set identifier (BSSID) set associated with the first communication link, the AP MLD transmits a frame including a first element carrying discovery information for the first AP and the virtual APs belonging to the first multiple BSSID set, and including a second element carrying discovery information for the secondary APs of the first AP MLD associated with the respective secondary communication links of the first AP MLD. Regarding claim 10, Zhang et al. teach the apparatus without explicitly teaching implementing the predefined TF preceding each non-first-in-order data payload portion of the plurality of data payload portions. Patil et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the PPDU comprises the predefined TF preceding each non-first-in-order data payload portion of the plurality of data payload portions (paragraphs [0089] lines 1-6 & [0093] lines 1-19; Examiner’s Notes: the data portion in 406, e.g., of subframe 2 depicted in FIG. 4 in the prior art teaches the limitation of “non-first-in-order data payload portion of the plurality of data payload portions;” in fact, the PPDU including the TF, e.g., L-STF 308 illustrated in FIG. 3A, preceding the data portion as shown in 406 of subframe 2 depicted in FIG. 4 in the prior art teaches the limitation of “wherein the PPDU comprises the predefined TF preceding each non-first-in-order data payload portion of the plurality of data payload portions” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Patil et al. in the system of Zhang et al. The motivation for implementing the predefined TF preceding each non-first-in-order data payload portion of the plurality of data payload portions, is to further enhance the mechanism for associating a wireless communication device such as a wireless station (STA) of a STA multi-link device (MLD) with an access point (AP) MLD that includes a first AP associated with a first communication link of the AP MLD and includes secondary APs associated with respective secondary communication links of the first AP MLD, wherein the first AP includes virtual APs, and the first AP and the virtual APs of the first AP belong to a first multiple basic service set identifier (BSSID) set associated with the first communication link, the AP MLD transmits a frame including a first element carrying discovery information for the first AP and the virtual APs belonging to the first multiple BSSID set, and including a second element carrying discovery information for the secondary APs of the first AP MLD associated with the respective secondary communication links of the first AP MLD. Regarding claim 11, Zhang et al. teach the apparatus without explicitly teaching implementing a first-in-order data payload portion followed by one or more non-first-in-order data payload portions. Patil et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the PPDU comprises a first-in-order data payload portion followed by one or more non-first-in-order data payload portions (paragraph [0093] lines 1-19; Examiner’s Notes: the data portion in 406, e.g., of subframe 1 followed by subframe 2 depicted in FIG. 4 in the prior art teaches the limitation of “wherein the PPDU comprises a first-in-order data payload portion followed by one or more non-first-in-order data payload portions” in the instant application), wherein the PPDU comprises one or more predefined TFs preceding the one or more non-first-in-order data payload portions, respectively (paragraphs [0089] lines 1-6 & [0093] lines 1-19; Examiner’s Notes: the data portion in 406, e.g., of subframe 2 depicted in FIG. 4 in the prior art teaches the limitation of “non-first-in-order data payload portion of the plurality of data payload portions;” in fact, the PPDU including the TF, e.g., L-STF 308 illustrated in FIG. 3A, preceding the data portion as shown in 406 of subframe 2 depicted in FIG. 4 in the prior art teaches the limitation of “wherein the PPDU comprises one or more predefined TFs preceding the one or more non-first-in-order data payload portions, respectively” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Patil et al. in the system of Zhang et al. The motivation for implementing a first-in-order data payload portion followed by one or more non-first-in-order data payload portions, is to further enhance the mechanism for associating a wireless communication device such as a wireless station (STA) of a STA multi-link device (MLD) with an access point (AP) MLD that includes a first AP associated with a first communication link of the AP MLD and includes secondary APs associated with respective secondary communication links of the first AP MLD, wherein the first AP includes virtual APs, and the first AP and the virtual APs of the first AP belong to a first multiple basic service set identifier (BSSID) set associated with the first communication link, the AP MLD transmits a frame including a first element carrying discovery information for the first AP and the virtual APs belonging to the first multiple BSSID set, and including a second element carrying discovery information for the secondary APs of the first AP MLD associated with the respective secondary communication links of the first AP MLD. Regarding claim 19, Zhang et al. teach the product without explicitly teaching implementing an Aggregate PHY Service Data Unit (PSDU) (A-PSDU) according to an A-PSDU frame format. Patil et al. from the same or similar field of endeavor teach implementing fairness of the method, wherein the PPDU comprises an Aggregate PHY Service Data Unit (PSDU) (A-PSDU) according to an A-PSDU frame format (paragraph [0093] lines 1-19; Examiner’s Notes: PPDU 400 including aggregate PSDU 404 according to the format as illustrated in FIG. 4 in the prior art teaches the limitation of “wherein the PPDU comprises an Aggregate PHY Service Data Unit (PSDU) (A-PSDU) according to an A-PSDU frame format” in the instant application), wherein the plurality of data payload portions comprises a plurality of PSDUs (paragraph [0093] lines 1-19; Examiner’s Notes: the data portions/payloads including multiple PSDUs in the prior art teaches the limitation of “wherein the plurality of data payload portions comprises a plurality of PSDUs” in the instant application), and Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in art to implement the method of Patil et al. in the system of Zhang et al. The motivation for implementing an Aggregate PHY Service Data Unit (PSDU) (A-PSDU) according to an A-PSDU frame format, is to further enhance the mechanism for associating a wireless communication device such as a wireless station (STA) of a STA multi-link device (MLD) with an access point (AP) MLD that includes a first AP associated with a first communication link of the AP MLD and includes secondary APs associated with respective secondary communication links of the first AP MLD, wherein the first AP includes virtual APs, and the first AP and the virtual APs of the first AP belong to a first multiple basic service set identifier (BSSID) set associated with the first communication link, the AP MLD transmits a frame including a first element carrying discovery information for the first AP and the virtual APs belonging to the first multiple BSSID set, and including a second element carrying discovery information for the secondary APs of the first AP MLD associated with the respective secondary communication links of the first AP MLD. Allowable Subject Matter 10. Claims 3-7, 9, and 13-15 are objected to as being dependent upon a rejected base claim 1, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claim(s). Regarding claims 3-6, the prior art in single or in combination fails to teach "wherein the A-PSDU comprises a PSDU header between a first PSDU and a second PSDU of the plurality of PSDUs, wherein the PSDU header comprises the predefined TF” in combination with other limitation of the claim(s). Regarding claim 7, the prior art in single or in combination fails to teach "wherein the A-PSDU comprises one or more first- STA PSDUs for a first STA, and one or more second-STA PSDUs for a second STA after the one or more first-STA PSDUs, wherein the A-PSDU comprises another preamble between the one or more first-STA PSDUs and the one or more second-STA PSDUs” in combination with other limitation of the claim(s). Regarding claim 9, the prior art in single or in combination fails to teach "wherein the fragmented PPDU frame format comprises a fixed fragmentation duration for a plurality of PPDU portions corresponding to the plurality of PPDU fragments” in combination with other limitation of the claim(s). Regarding claim 13, the prior art in single or in combination fails to teach "wherein the PPDU comprises one or more first- STA data payload portions for a first STA, and one or more second-STA data payload portions for a second STA after the one or more first-STA data payload portions, wherein the PPDU comprises another preamble between the one or more first-STA data payload portions and the one or more second-STA data payload portions” in combination with other limitation of the claim(s). Regarding claim 14, the prior art in single or in combination fails to teach "wherein the PPDU frame format comprises a Short-Inter-Frame-Space (SIFS) or a Point Coordination Function (PCF) Inter-Frame- Space (PIFS) between the first data payload portion and the predefined TF prior to the second data payload portion” in combination with other limitation of the claim(s). Regarding claim 15, the prior art in single or in combination fails to teach "wherein the PPDU comprises an Ultra High Reliability (UHR) PPDU, wherein the preamble of the PPDU comprises a plurality of pre-UHR modulated fields followed by a plurality of UHR modulated fields” in combination with other limitation of the claim(s). Conclusion 11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Etemad et al. (US 9,572,063) is cited to show the radio resource control (RRC) signaling for configuring the user equipment to obtain and report channel state information for the downlink channels so that a target user equipment experiences enhanced signal reception and reduced interference. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEI ZHAO whose telephone number is (571)270-5672. The examiner can normally be reached from 8:00AM to 5:00PM Monday through Friday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAE Y LEE can be reached on (571) 270-3936. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WEI ZHAO/ Primary Examiner Art Unit 2479
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Prosecution Timeline

Jun 29, 2023
Application Filed
Sep 28, 2023
Response after Non-Final Action
Aug 10, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+15.6%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1088 resolved cases by this examiner. Grant probability derived from career allowance rate.

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