Prosecution Insights
Last updated: July 17, 2026
Application No. 18/416,260

COMMUNICATION METHOD AND APPARATUS

Final Rejection §103
Filed
Jan 18, 2024
Priority
Jul 19, 2021 — CN 202110815897.3 +1 more
Examiner
REYES ORTIZ, HECTOR E
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Nokia Corporation
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
250 granted / 304 resolved
+24.2% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
22 currently pending
Career history
342
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
91.2%
+51.2% vs TC avg
§102
2.2%
-37.8% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 304 resolved cases

Office Action

§103
Detailed Action The office action is in response to the communications filed on 03/30/2026. Notice of 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 . Claims Status Claims 2-3, 11-12, and 20 have been cancelled. Claims 1,10, and 19 have been amended. Claims 21-25 have been newly added. Claims 1, 4-10, 13-19, and 21-25 are pending in this application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 05/05/2026, 04/23/2026, 01/29/2026, and 12/30/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Prior Art Made of Record The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen et al. ( Publication No. US 2019/0289612), the prior art discloses that the designed LTFs in 80 and 160 MHz are useful for communication null data packets (NDPs) for both legacy sounding and EHT sounding; see ¶ 334. Response to Arguments Applicant remarks, filed on 03/30/2026, indicates that the cited portion of the prior art, individually or in combination, fails to discloses the features in claim 1, specifically that “the first field comprises a PPDU type and compression mode subfield indicates that the PPDU is the EHT sounding NDP and the second field indicates that the PPDU is transmitted based on OFDMA”. Examiner respectfully disagrees. Kim discloses that the EHT-SIG field includes a PPPDU type and compression mode field ; see figure 5 & ¶ 68. Also, when the value of the PPDU type and compression mode field is a value, the PPDU may be configured for a null data packet (NDP); see ¶ 63. Furthermore, Park discloses that the UL/DL field [second field] which in combination with the PPDU Type and Compression Mode field indicates that the EHT PPDU is transmitted in the Orthogonal Frequency Division Multiple Access (OFDMA) scheme; see ¶ 16. In addition, Applicant argues that the PPDU Type and Compression Mode subfield, disclosed by Park, is a single part of U-SIG with 2 bits rather than the "first field". Examiner notes that the claim fails to explicitly disclose the value contained in the fields. Therefore, any value which convey the desire information would meet the prior art. Also, the prior art disclosing the fields was Kim instead of Park. In addition, Applicant argues that Park can indicate at most only one of either "EHT sounding NDP" or "OFDMA transmission. Examiner notes that NDP concept is disclose by Kim, while Park indicates UL/DL field [second field] which indicates the EHT PPDU is transmitted in the Orthogonal Frequency Division Multiple Access (OFDMA) scheme. For these reasons discussed above that the claim is met by the prior art. Claim Rejections - 35 USC § 103 The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under AIA 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1, 4, 10, 13, and 19 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Lim et al. (Publication Patent No. US 2022/0417074, hereinafter referred to as Lim) in view of Kim et al. (Patent Publication No. US 2022/0322215, hereinafter referred as Kim) and further in view of Park et al. (Publication No. US 2024/0188045, hereinafter referred as Park). Regarding claims 1 and 19, Lim discloses generating a physical layer protocol data unit PPDU, wherein the PPDU comprises a first field indicating that the PPDU is an extremely high throughput sounding null data packet EHT sounding NDP transmitted based on orthogonal frequency division multiple access OFDMA (Generating a null data PPDU (NDP) frame, wherein the NPD frame is a PPDU of an EHT standard; see figure 26 step 2610 & ¶ 301. Furthermore, the EHT PPDU may decoded based on OFDMA; see ¶ 206. NOTE: The receiving STA may perform the channel sounding based on the NDP frame; see figure 27 steps 2710-2720 & ¶ 360.), wherein the PPDU further comprises an extremely high throughput long training field EHT-LTF and a packet extension PE field, and the PE field is adjacent to the EHT-LTF (The NDP frame includes an EHT-LTF and a PE field; see figure 25 ¶ 293-294.); and sending the PPDU (Transmitting the NDP frame; see figure 26 step 2620 & ¶ 321.). Lim discloses that the NDP frame may include control fields (i.e., the U-SIG and EHT-SIG) to include information (see ¶ 270), but fails to explicitly disclose that the information [the first field] comprises a PPDU type and compression mode subfield indicates that the PPDU is the EHT sounding NDP. Kim discloses that the EHT-SIG field includes a PPPDU type and compression mode field ; see figure 5 & ¶ 68. Also, when the value of the PPDU type and compression mode field is a value, the PPDU may be configured for a null data packet (NDP); see ¶ 63. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lim preamble by incorporating the EHT-SIG subfield of Kim in order to accurately and effectively transmitting the information in an extended signal field. Lim discloses that the NDP frame may include control fields (i.e., the U-SIG and EHT-SIG) to include information (see ¶ 270), but fails to explicitly disclose the second field indicates that the PPDU is transmitted based on OFDMA However, in analogous art, Park discloses that the UL/DL field [second field] which in combination with the PPDU Type and Compression Mode field indicates that the EHT PPDU is transmitted in the Orthogonal Frequency Division Multiple Access (OFDMA) scheme; see ¶ 16. NOTE: The second field may be a validate bit or a disregard bit, see specification ¶ 196. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lim preamble by incorporating the UL/DL field of Park in order to efficiently support EHT STA while reducing the complexity of the implementation; see ¶ 18. Regarding claims 4 and 13 , Lim discloses that the first field comprises a station identifier (STA-ID) subfield, and the STA ID subfield indicates that the PPDU is the EHT sounding NDP transmitted based on OFDMA (An NDP frame may be indicated by using a specific value among the values reserved in the AID12 subfield for the STA-ID of the user field; see ¶ 278. For example, the STA-ID of the user field may be set from 2008 to 2044 and 2047 to 4094; see ¶ 278.). Regarding claim 10, Lim discloses receiving a PPDU, wherein the PPDU comprises a first field indicating that the PPDU is an EHT sounding NDP transmitted based on OFDMA (The receiving STA receive a null data PPDU (NDP) frame, wherein the NDP frame is a PPDU of an EHT standard; see figure 27 steps 2710 & ¶ 301/360.Furthermore, the EHT PPDU may decoded based on OFDMA; see ¶ 206.), wherein the PPDU further comprises an EHT-LTF and a PE field, and the PE field is adjacent to the EHT-LTF (The NDP frame includes an EHT-LTF and a PE field; see figure 25 ¶ 293-294.); and performing channel estimation by using the PPDU The receiving STA may perform the channel sounding based on the NDP frame; see figure 27 steps 2720 & ¶ 360. Claims 5, 14, and 21 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Lim, Kim, Park, and further in view of Chen et al. ( Patent Publication No. US 2020/0177425, hereinafter referred as Chen). Regarding claims 5, 14, and 21, Lim as modified teaches the parent claims 1 and 10. In addition, Lim discloses that the NDP frame may include control fields (i.e., the U-SIG and EHT-SIG) to include information (see ¶ 270), but fails to explicitly disclose that the information [the EHT-SIG field] comprises n user fields, the n user fields comprise at least one of a number of spatial streams subfield or a beamformed subfield, and n is a positive integer. However, in analogous art, Chen discloses that the EHT-SIG field includes user specific field, see figure 14 & ¶ 153. The user specific field comprises multiple user block subfield, wherein each user block subfields comprises n number of user subfields (e.g. “user 1” or “user 2”), wherein each user subfields comprises a spatial configuration field indication the number of spatial streams allocated; see figure 14 & ¶ 0154. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lim preamble by incorporating the EHT-SIG subfield of Chen in order to enable additional configuration without the overhead of additional signaling. Claims 6-7, 15-16, and 22-23 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Lim, Kim, Park, and further in view Chun et al. ( Patent Publication No. US 2024/0146456, hereinafter referred as Chun). Regarding claims 6, 15, and 22, Lim as modified teaches the parent claims 1 and 10. In addition, Lim discloses that the PPDU further comprises an EHT-SIG field, the EHT-SIG field comprises only a common field (The NDP frame includes a EHT-SIG field, wherein the EHT-SIG includes a common field but not include the user field; see ¶ 273/276/281.). Lim discloses that the EHT-SIG include a common field (see ¶ 270), but fails to explicitly disclose that the common field comprises at least one of a number of spatial streams subfield or a beamformed subfield. However, in analogous art, Chun discloses that the EHT-SIG field contiguous to the U-SIG field includes a common field, wherein the common field may include indication information related to a spatial stream used in a transmission/reception PPDU; see ¶ 254. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lim EHT-SIG by incorporating the information related to the spatial stream of Chun in order to support a higher throughput via the use of streams; see ¶ 5 . Regarding claims 7, 16, and 23, Lim as modified teaches the parent claims 6 and 15. In addition, Lim discloses that the PPDU further comprises a universal signal U-SIG field and the EHT-SIG field (The U-SIG and the EHT-SIG may include the information related to the preamble puncturing; see ¶ 195.), the U-SIG field comprises a first punctured channel indication field, wherein the first punctured channel indication field indicates a puncturing status in an 80 MHz subblock bandwidth of the U-SIG field (A second field of the second U-SIG may include information related to a preamble puncturing (i.e., information related to a preamble puncturing pattern) applied to the second 80 MHz band; see ¶ 195.); and the EHT-SIG field comprises a second punctured channel indication field, wherein the second punctured channel indication field indicates a puncturing status in an entire bandwidth of the PPDU (The EHT-SIG contiguous to the second U-SIG may include information related to a preamble puncturing (i.e., information related to a preamble puncturing pattern) applied to the first 80 MHz band; see ¶ 195.). Claims 8-9, 17-18, and 24-25 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Lim, Kim, Park, Chun, and further in view Ko et al. ( Patent Publication No. US 2023/0076285, hereinafter referred as Ko). Regarding claims 8, 17, and 24, Lim as modified teaches the parent claims 7 and 16. In addition, Lim discloses that the NDP frame may include control fields (i.e., the U-SIG and EHT-SIG) to include information (see ¶ 270), but fails to explicitly disclose that the second punctured channel indication field comprises at least one resource unit indication subfield, and the resource unit indication subfield indicates a puncturing status of a subchannel in the bandwidth of the PPDU. However, in analogous art, Ko discloses that the PPDU, a puncturing mode field, which includes information indicating, in a bitmap format, etc., a puncturing pattern and whether the puncturing mode is applied, may be included in the EHT-SIG field and the puncturing mode field [resource unit indication field] may signal a discontinuous channel type appearing within a bandwidth.; see ¶ 102. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lim EHT-SIG by incorporating the puncturing mode field of Ko in order to efficiently receive the PPDU by enabling the STA to recognize a punctured RU in the middle; see ¶ 102. Regarding claims 9, 18, and 25, Lim as modified teaches the parent claims 7 and 16. In addition, Lim discloses that the NDP frame may include control fields (i.e., the U-SIG and EHT-SIG) to include information (see ¶ 270), but fails to explicitly disclose that the second punctured channel indication field comprises a bitmap subfield, and the bitmap subfield indicates the puncturing status in the entire bandwidth of the PPDU. However, in analogous art, Ko discloses that the PPDU, a puncturing mode field [punctured channel indication field], which includes information indicating, in a bitmap format [bitmap], etc., a puncturing pattern and whether the puncturing mode is applied, may be included in the EHT-SIG field and the puncturing mode field may signal a discontinuous channel type appearing within a bandwidth.; see ¶ 102. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lim EHT-SIG by incorporating the puncturing mode field of Ko in order to efficiently receive the PPDU by enabling the STA to recognize a punctured RU in the middle; see ¶ 102. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Hector Reyes (Hector.Reyes@uspto.gov) whose telephone number is (571) 270-0239. The examiner can normally be reached M-F 6-5. 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, Kevin Bates (Kevin.Bates@uspto.gov) can be reached on (571) 270-0239. 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. /H.R/Examiner, Art Unit 2472 /KEVIN T BATES/Supervisory Patent Examiner, Art Unit 2472
Read full office action

Prosecution Timeline

Jan 18, 2024
Application Filed
Mar 26, 2024
Response after Non-Final Action
Jan 07, 2026
Non-Final Rejection mailed — §103
Mar 30, 2026
Response Filed
Jun 18, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12684457
PROVIDING NETWORK SLICE ADMISSION CONTROL IN A MOBILE NETWORK ENVIRONMENT
4y 2m to grant Granted Jul 14, 2026
Patent 12684399
MANAGING ENERGY CONSUMPTION IN A TRAFFIC-AWARE MANNER
2y 9m to grant Granted Jul 14, 2026
Patent 12672028
Uplink Data Splitting Method, Terminal Device, and Chip System
3y 5m to grant Granted Jun 30, 2026
Patent 12641461
SHARING MEASUREMENT GAPS FOR MULTIPLE FUNCTIONS
3y 6m to grant Granted May 26, 2026
Patent 12641466
EFFICIENT FULL-DUPLEX CHANNEL STATE INFORMATION REPORTING
2y 4m to grant Granted May 26, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
94%
With Interview (+11.5%)
2y 10m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 304 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month