Prosecution Insights
Last updated: October 02, 2026
Application No. 18/452,251

DETERMINISTIC BACKOFF PERIODS FOR WIRELESS TRANSMISSIONS

Final Rejection §103
Filed
Aug 18, 2023
Examiner
PEREZ, JOSE L
Art Unit
2474
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
52%
Grant Probability
Moderate
3-4
OA Rounds
1y 0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allowance Rate
117 granted / 225 resolved
-6.0% vs TC avg
Strong +41% interview lift
Without
With
+41.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
21 currently pending
Career history
252
Total Applications
across all art units

Statute-Specific Performance

§101
7.5%
-32.5% vs TC avg
§103
50.4%
+10.4% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
29.5%
-10.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 225 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, see page 9, filed 6/9/2026, with respect to the objections of claims 11, 15, 20, and 26 and 35 USC § 112(b) rejections of claims 2, 5, 14, 19, 24, and 30 have been fully considered and are persuasive. The corresponding objections and rejections of claims 2, 5, 11, 14-15, 19-20, 24, and 26 has been withdrawn. Regarding the 35 U.S.C. §103 of claim 1: applicant asserts on pages 13-14 A) “Nezou [US 2018/0199375 A1] does not teach or suggest "a first backoff value associated with a first priority, wherein the first backoff value is based at least in part on a default backoff value, the default backoff value being associated with a default priority," as recited in independent claim 1” because “Nezou [does not] mention any kind of "default backoff value," much less "a default backoff value ... associated with a default priority,"”; B) “Nezou makes no mention of any priority being "a default priority,"”, “queue buffer priorities and data priorities as in Nezou do not teach or suggest "a default backoff value . .. associated with a default priority," as claimed, nor do they teach or suggest "a first backoff value associated with a first priority."”; C) “Nezou's descriptions of a local random parameter determined based on a backoff value or updating a "conventional" backoff counter based on the random parameter teach or suggest the claimed features, at least because 1) a random parameter does not teach or suggest "a first backoff value" or a "default backoff value" as claimed; 2) the mere mention of a "conventional 802.11 backoff counter" does not teach or suggest "a default backoff value," as claimed, but merely a backoff counter that is described in the named standard; and 3) Nezou at no point describes the random parameter or the backoff counter as "associated with a first priority" or "associated with a default priority"”; D) “Nezou presents the ACs as separate, stating that as a result of the different AC properties, "a plurality of traffic queues for serving data traffic at different priorities" arise. Nezou, ¶ [0393]. In addition, Nezou merely describes the backoff parameters in general, and does not discuss how the backoff parameters are determined, much less teach or suggest "the first backoff value is based at least in part on a default backoff value,"”; E) “computing a backoff value from AIFSs or updating a value based on a random parameter, as in Nezou, [does not] teach or suggest "the first backoff value is based at least in part on a default backoff value,"”. The examiner respectfully disagrees. Regarding A) applicant ascribes a particular meaning to “default” which is not particularly limited and not particularly defined. The definition of “default” can be considered as “a selection automatically used by a program in the absence of a choice made by the user”, and applicant’s description does not define, much less describe or provide examples of “default”. Further, cited para. [281, 393] explicitly disclose backoff [engines] take into account priority, backoff parameters associated with a priority value, and cited Fig. 3a shows AC [priority] with a corresponding backoff, commensurate with “default” backoff. Accordingly, Nezou at least suggests “the first backoff value is based at least in part on a default backoff value, the default backoff value being associated with a default priority” of claim 1 as cited in para. [193, 205, 281, 393] and Figs. [2, 3a]. Regarding B) applicant’s arguments to ascribe a particular meaning to “first backoff value” not particularly limited and not particularly defined. The examiner notes cited para. 205 explicitly discloses updating the backoff value and thus, Nezou at least suggests “the first backoff value is based at least in part on a default backoff value, the default backoff value being associated with a default priority” of claim 1 as cited in para. [193, 205, 281, 393] and Figs. [2, 3a]. Regarding C) the examiner’s response to A) and B) above address arguments regarding “default backoff value” and “associated with a first priority”. Regarding D) the examiner’s response to A) and B) above address arguments regarding "the first backoff value is based at least in part on a default backoff value,"”. Regarding E) the examiner’s response to A) and B) above address arguments regarding "the first backoff value is based at least in part on a default backoff value,"”. Accordingly, applicant’s arguments are non-persuasive and thus, the rejections are maintained. Applicant’s arguments regarding remaining claims 2-3, 5-6, 10-12, 15-17, 20-22, and 24-28 are based on the above and thus, are correspondingly non-persuasive. Regarding the 35 U.S.C. §103 of claim 15: applicant asserts on pages 15-16 A) “the deterministic backoff algorithm and resulting round-robin transmission schedule of Kosek-Szott [DB-LBT: Deterministic Backoff with Listen Before Talk for Wi-Fi/NR-U Coexistence in Shared Bands] does not teach or suggest "monitor a wireless channel to detect a collision pattern" and "transmit a first signal after a randomized backoff period in response to detecting the collision pattern," as recited in independent claim 15” because “Kosek-Szott describes the round robin schedule as a result of applying the algorithm, stating that the algorithm "is designed to find an ordered schedule of transmissions for active transmitters." Kosek-Szott, p. 168, Col. 1. That is, the round robin schedule in Kosek-Szott is emergent behavior, not part of the algorithm”; B) “Algorithm 1 makes no mention of another condition for signal transmission, and indeed the only indication of signal transmission is at line 18, clearly stating "[t]ransmit data when b = 0"”, “Transmitting a signal when a backoff counter reaches zero, as in Kosek-Szott, does not teach or suggest "transmit a first signal after a randomized backoff period in response to detecting the collision pattern" because “the round robin schedule is an emergent behavior of the algorithm”. The examiner respectfully disagrees. Regarding A) as best understood, applicant argues “monitor a wireless channel to detect a collision pattern” is not verbatim / explicitly recited in Kosek-Szott, and the algorithm is performed once after a single collision at which a transmission is performed. The examiner notes applicant appears to focus solely on the algorithm 1 of Kosek-Szott, while cited Col. 1 on page 171 describes nodes notice an additional interruption due to a new node during backoff, and an interruption is interpreted as presence of another node [collision], and cited Col. 2 on page 169 describes performing processes of algorithm 1 for an interruption, and cited Col. 1 on page 171 describes repeating if a collision occurs upon transmission and thus, monitoring to detect collision pattern. Accordingly, “monitor a wireless channel to detect a collision pattern” is taught by Kosek-Szott with algorithm 1 along with cited [Col. 2 on page 169, Cols. 1-2 on page 171]. Accordingly, applicant’s arguments are non-persuasive. Regarding B) as best understood, applicant argues the algorithm is performed once after a single collision at which a transmission is performed. However, while applicant has pointed to line 18 of algorithm 1, cited Col. 2 on page 169 describes performing processes of algorithm 1 for each interruption, and cited Col. 1 on page 171 describes nodes notice an additional interruption due to a new node during backoff and thus, the algorithm is run for each new node and a transmission is performed, and cited Col. 1 on page 171 describes repeating if a collision occurs upon the transmission and thus, monitoring to detect collision pattern and transmitting in response to the detecting. Accordingly, "transmit a first signal after a randomized backoff period in response to detecting the collision pattern" is taught by Kosek-Szott with algorithm 1 along with cited [Col. 2 on page 169, Cols. 1-2 on page 171]. Accordingly, applicant’s arguments are non-persuasive. Remaining arguments rely on the above and thus, are correspondingly non-persuasive. Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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. 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. The factual inquiries for establishing a background for determining obviousness under 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. Claim(s) 1-3, 6, 10-12, 15-17, 20-22, and 24-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosek-Szott et al. (DB-LBT: Deterministic Backoff with Listen Before Talk for Wi-Fi/NR-U Coexistence in Shared Bands), hereinafter Kosek-Szott in view of Nezou et al. (US 2018/0199375 A1) hereinafter Nezou. Regarding claim 1, Kosek-Szott teaches a first wireless device (node; page 171 Col. 1-2), comprising: monitor a wireless channel during a first deterministic backoff period (node repeats procedure of detecting and updating backoff in access procedure; page 171 Col. 1-2, round-robin schedule; page 168 Col. 1-2) to identify a first quantity of zero or more interrupting signals (counting interruptions during backoff; page [169 Col. 1, 171 Col. 1-2, 172 Col. 1]); transmit, after the first deterministic backoff period, a first signal (node repeats procedure of detecting and updating backoff; page 171 Col. 1-2, node transmits after backoff; page. 171 Col. 1), the first signal followed by a second deterministic backoff period (node repeats procedure of detecting and updating backoff; page 171 Col. 1-2, node transmits after backoff; page. 171 Col. 1) that is based at least in part on the first quantity of the zero or more interrupting signals and a first backoff value (backoff based on previous backoff and interruptions; page 172 Col. 1); and transmit a second signal after the second deterministic backoff period (node repeats procedure of detecting and updating backoff; page 171 Col. 1-2, node transmits after backoff; page. 171 Col. 1). While Kosek-Szott discloses QoS, hybrid coordination function (HCF), enhanced distributed channel access (EDCA), HCF controlled channel access (HCCA), and fairness, Kosek-Szott does not explicitly disclose one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the first wireless device to: associated with a first priority, wherein the first backoff value is based at least in part on a default backoff value, the default backoff value being associated with a default priority. However, in the same field of endeavor, Nezou teaches one or more memories storing processor-executable code (memory including software; para. 320-321); and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code (processor coupled with memory and executing software; para. [494-495, 504] and Fig. 6) to cause the first wireless device (node; para. 534) to: associated with a first priority (backoff with corresponding priority; para. [193, 205, 281, 393] and Figs. [2, 3a]), wherein the first backoff value is based at least in part on a default backoff value (updated backoff based on backoff with corresponding priority; para. [193, 205, 281, 393] and Fig. 3a), the default backoff value being associated with a default priority (backoff with corresponding priority in compliance with standard; para. [193, 205, 281, 393] and Fig. 3a). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Nezou to the system of Kosek-Szott, where Kosek-Szott’s improved coexistence of heterogeneous radio technologies (page 169 Col. 2) along with Nezou’s services with different priorities (para. [09-10, 388]) improves user satisfaction by offering various services having different priorities coexisting with heterogeneous radio technologies. Regarding claim 2, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 1. While Kosek-Szott discloses acknowledgements, clear-to-send (CTS), request-to-send (RTS), and interframe spacing, Kosek-Szott does not explicitly disclose wherein: a first signal period that includes the first signal comprises one or more transmissions by the first wireless device and zero or more transmissions by one or more responding wireless devices, and a pair of transmissions within the first signal period is separated by a short interframe space (SIFS) or a point coordination function (PCF) interframe space (PIFS). However, in the same field of endeavor, Nezou further teaches wherein: a first signal period that includes the first signal (defer access 30; para. 378 and Fig. 2) comprises one or more transmissions by the first wireless device (source node 20 transmits request-to-send (RTS) 210 / data 230; para. [367, 372, 375] and Fig. 2) and zero or more transmissions by one or more responding wireless devices (receiving/destination node transmits clear-to-send (CTS) 220 / acknowledgement 240; para. [367, 373, 375] and Fig. 2), and a pair of transmissions within the first signal period is separated by a short interframe space (SIFS) (short interframe space (SIFS) between RTS/CTS and data/acknowledgement [period]; para. [369, 372-373], examiner notes the use of alternative language here, thus, only one of the alternative features need to be shown by reference) or a point coordination function (PCF) interframe space (PIFS). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Nezou to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Nezou’s services with different priorities (para. [09-10, 388]) improves user satisfaction by offering various services having different priorities coexisting with heterogeneous radio technologies. Regarding claim 3, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 1. Kosek-Szott further teaches wherein the one or more processors are individually or collectively further operable to execute the code to cause the first wireless device to: transmit a third signal after a randomized backoff period and before the first deterministic backoff period (node transmits after backoff; page. 171 Col. 1, backoff based on enhanced distributed channel access (EDCA); page 170, initializing backoff; page 171 Col. 2, use of random backoff; page 169 Col. 1-2, random backoff at arbitrary randomized backoff period; page 171 Col. 1 Algorithm 1 step 7), the randomized backoff period being based at least in part on a collision pattern (backoff rule based on detecting interruption; page 171 Col. 1-2) and the wireless channel being monitored (node repeats procedure of detecting and updating backoff; page 171 Col. 1-2). While Kosek-Szott discloses acknowledgements, clear-to-send (CTS), request-to-send (RTS), and interframe spacing, Kosek-Szott does not explicitly disclose including one or more successful transmissions between colliding transmissions being detected, in response to a successful transmission of the third signal. However, in the same field of endeavor, Nezou further teaches including one or more successful transmissions between colliding transmissions being detected (RTS/CTS detected by node; 376), in response to a successful transmission of the third signal (each node transmitting node; para. 534, source node 20 transmits RTS 210, receiving/destination node transmits CTS 220; para. [367, 372-373, 375] and Fig. 2) and zero or more transmissions by zero or more responding wireless devices (receiving/destination node transmits CTS 220; para. [367, 373, 375] and Fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Nezou to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Nezou’s services with different priorities (para. [09-10, 388]) improves user satisfaction by offering various services having different priorities coexisting with heterogeneous radio technologies. Regarding claim 6, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 1. Kosek-Szott further teaches wherein: the zero or more interrupting signals are respectively transmitted by one or more second wireless devices of a set of wireless devices (multiple nodes contending [transmission] for access; page 171 Col. 1-2), a transmission cycle of the set of wireless devices (initial backoff for contending [transmission] nodes and backoff updated [cycle]; para. 172 Col. 1, round-robin schedule; page 168 Col. 1-2). While Kosek-Szott discloses CSMA/CA and updated backoffs, Kosek-Szott does not explicitly disclose each of the one or more second wireless devices transmits in accordance with one or more respective second backoff values associated with one or more respective priorities, and a transmission cycle of the set of wireless devices is based at least in part on the first backoff value and one or more ratios of the first backoff value to the one or more respective second backoff values. However, in the same field of endeavor, Nezou further teaches each of the one or more second wireless devices transmits in accordance with one or more respective second backoff values (contention-based access [transmission]; para. 51 and Fig. 2, updated [second] backoff; para. [193, 205, 281, 393] and Fig. 3a) associated with one or more respective priorities (backoff with corresponding priority; para. [193, 205, 281, 393] and Fig. 3a), and a transmission cycle of the set of wireless devices is based at least in part on the first backoff value (medium access via queue [cycle] for carrier sense multiple access with collision avoidance (CSMA/CA) RTS/CTS; para. [45, 367-382] and Fig. 2) and one or more ratios of the first backoff value to the one or more respective second backoff values (backoff with corresponding priority in compliance with standard; para. [193, 205, 281, 393] and Fig. 3a). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Nezou to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Nezou’s services with different priorities (para. [09-10, 388]) improves user satisfaction by offering various services having different priorities coexisting with heterogeneous radio technologies. Regarding claim 10, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 1. Kosek-Szott further teaches wherein the one or more processors are individually or collectively further operable to execute the code to cause the first wireless device to: detect a collision pattern based at least in part on a threshold of a quantity of repeated colliding transmissions (node detects new node in access procedure; page 171 Col. 1, round-robin schedule; page 168 Col. 1-2, parameters to determine [threshold] consecutive collisions used for backoff determination; page 171 Col. 1); and transmit a third signal after a randomized backoff period (node transmits after backoff; page. 171 Col. 1, backoff based on enhanced distributed channel access (EDCA); page 170, initializing backoff; page 171 Col. 2, use of random backoff; page 169 Col. 1-2, random backoff at arbitrary randomized backoff period; page 171 Col. 1 Algorithm 1 step 7) and before the first deterministic backoff period in response to detecting the collision pattern (backoff rule based on detecting interruption; page 171 Col. 1-2, round-robin schedule; page 168 Col. 1-2, node repeats procedure of detecting and updating backoff [before deterministic backoff]; page 171 Col. 1-2). Regarding claim 11, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 10. While Kosek-Szott discloses EDCA, arbitration inter-frame spacing (AIF), and exponential backoff, Kosek-Szott does not explicitly disclose wherein the randomized backoff period is based at least in part on a random value within a randomization range and an offset value. However, in the same field of endeavor, Nezou further teaches wherein the randomized backoff period is based at least in part on a random value within a random range and an offset value (backoff based on random value within range and an offset; para. 636). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Nezou to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Nezou’s services with different priorities (para. [09-10, 388]) improves user satisfaction by offering various services having different priorities coexisting with heterogeneous radio technologies. Regarding claim 12, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 11. Kosek-Szott further teaches wherein the offset value is determined in accordance with a function that increases with the quantity of repeated colliding transmissions (deterministic [function] backoff increases [offset] for increased interruptions; page 171 Col. 1). Regarding claim 15, Kosek-Szott teaches a first wireless device (node; page 171 Col. 1-2), comprising: monitor a wireless channel to detect a collision pattern (node detects new node in access procedure; page 171 Col. 1, round-robin schedule; page 168 Col. 1-2); transmit a first signal after a randomized backoff period (node transmits after backoff; page. 171 Col. 1, backoff based on enhanced distributed channel access (EDCA); page 170, initializing backoff; page 171 Col. 2, use of random backoff; page 169 Col. 1-2, random backoff at arbitrary randomized backoff period; page 171 Col. 1 Algorithm 1 step 7) in response to detecting the collision pattern (backoff rule based on detecting interruption; page 171 Col. 1-2, round-robin schedule; page 168 Col. 1-2); monitor the wireless channel during a first deterministic backoff period after the first signal (node repeats procedure of detecting and updating backoff; page 171 Col. 1-2, round-robin schedule; page 168 Col. 1-2) to identify a first quantity of zero or more interrupting signals (counting interruptions during backoff; page [169 Col. 1, 171 Col. 1-2, 172 Col. 1]); transmit, after the first deterministic backoff period, a second signal (node repeats procedure of detecting and updating backoff; page 171 Col. 1-2, node transmits after backoff; page. 171 Col. 1), the second signal followed by a second deterministic backoff period (node repeats procedure of detecting and updating backoff; page 171 Col. 1-2, node transmits after backoff; page. 171 Col. 1) that is based at least in part on the first quantity of the zero or more interrupting signals and a first backoff value (backoff based on previous backoff and interruptions; page 172 Col. 1); and transmit a third signal after the second deterministic backoff period (node repeats procedure of detecting and updating backoff; page 171 Col. 1-2, node transmits after backoff; page. 171 Col. 1). While Kosek-Szott discloses EDCA, arbitration inter-frame spacing (AIF), and exponential backoff, Kosek-Szott does not explicitly disclose the randomized backoff period being based at least in part on a random value within a randomization range and an offset value. However, in the same field of endeavor, Nezou teaches one or more memories storing processor-executable code (memory including software; para. 320-321); and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code (processor coupled with memory and executing software; para. [494-495, 504] and Fig. 6) to cause the first wireless device to: the randomized backoff period being based at least in part on a random value within a randomization range and an offset value (backoff based on random value within range and an offset; para. 636). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Nezou to the system of Kosek-Szott, where Kosek-Szott’s improved coexistence of heterogeneous radio technologies (page 169 Col. 2) along with Nezou’s services with different priorities (para. [09-10, 388]) improves user satisfaction by offering various services having different priorities coexisting with heterogeneous radio technologies. Regarding claim 16, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 15. Kosek-Szott further teaches wherein the one or more processors are individually or collectively further operable to execute the code to cause the first wireless device to: detect the collision pattern based at least in part on a threshold of a quantity of repeated colliding transmissions (parameters to determine [threshold] consecutive collisions used for backoff determination; page 171 Col. 1). Regarding claim 17, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 16. Kosek-Szott further teaches wherein the offset value is determined in accordance with a function that increases with the quantity of repeated colliding transmissions (deterministic [function] backoff increases [offset] for increased interruptions; page 171 Col. 1). Regarding claim 20, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 17. Kosek-Szott further teaches wherein the function increases linearly (delay [backoff] increases linearly; page 173 Col. 2), increases exponentially, is limited to a range within a maximum value (backoff within a range; page 171 Col. 2, examiner notes the use of alternative language here, thus, only one of the alternative features need to be shown by reference), or a combination thereof. Regarding claim 21, the claim is interpreted and rejected for the same reason as set forth in claim 1. Regarding claim 22, the claim is interpreted and rejected for the same reason as set forth in claim 3. Regarding claim 24, the claim is interpreted and rejected for the same reason as set forth in claim 5. Regarding claim 25, the claim is interpreted and rejected for the same reason as set forth in claim 10. Regarding claim 26, the claim is interpreted and rejected for the same reason as set forth in claim 15. Regarding claim 27, the claim is interpreted and rejected for the same reason as set forth in claim 16. Regarding claim 28, the claim is interpreted and rejected for the same reason as set forth in claim 17. Claim(s) 4, 7-9, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosek-Szott in view of Nezou, and further in view of Li et al. (WO 2011/160579 A1) hereinafter Li. Regarding claim 4, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 1. While the combination of Kosek-Szott and Nezou discusses increasing backoff, EDCA, and access class(es), the combination of Kosek-Szott and Nezou does not explicitly disclose wherein the first backoff value is a multiple of the default backoff value or a divisor of the default backoff value. However, in the same field of endeavor, Li teaches wherein the first backoff value is a multiple of the default backoff value (backoff adjustment is proportional [multiple] to basic [default] backoff; para. 68) or a divisor of the default backoff value (backoff adjustment is proportional [division] to basic [default] backoff; para. 68). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Li to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Li’s backoff for different devices (para. 22) improves user experience by not affecting quality of user’s services. Regarding claim 7, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 1. While the combination of Kosek-Szott and Nezou discusses increasing backoff, EDCA, and access class(es), the combination of Kosek-Szott and Nezou does not explicitly disclose wherein: the first backoff value and the default backoff value are included in a set of backoff values, and each backoff value is a divisor of a greatest backoff value included in the set of backoff values. However, in the same field of endeavor, Li teaches wherein: the first backoff value and the default backoff value are included in a set of backoff values (backoff adjustment is proportional [multiple] to basic [default] backoff [basic backoff and adjusted backoff corresponding to set]; para. 68), and each backoff value is a divisor of a greatest backoff value included in the set of backoff values (backoff adjustment is proportional [divisor / up to greatest backoff] to basic [default] backoff; para. 68). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Li to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Li’s backoff for different devices (para. 22) improves user experience by not affecting quality of user’s services. Regarding claim 8, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 1. While the combination of Kosek-Szott and Nezou discusses increasing backoff, EDCA, and access class(es), the combination of Kosek-Szott and Nezou does not explicitly disclose wherein: the first backoff value and the default backoff value are included in a set of backoff values, and each backoff value is a multiple of a smallest backoff value included in the set of backoff values. However, in the same field of endeavor, Li teaches wherein: the first backoff value and the default backoff value are included in a set of backoff values (backoff adjustment is proportional [multiple] to basic [default] backoff [basic backoff and adjusted backoff corresponding to set]; para. 68), and each backoff value is a multiple of a smallest backoff value included in the set of backoff values (backoff adjustment is proportional [multiple] to basic [default] backoff; para. 68). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Li to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Li’s backoff for different devices (para. 22) improves user experience by not affecting quality of user’s services. Regarding claim 9, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 1. Kosek-Szott further teaches wherein: except a smallest backoff value (smallest backoff being 0; page 171 Col. 2). While the combination of Kosek-Szott and Nezou discusses increasing backoff, EDCA, and access class(es), the combination of Kosek-Szott and Nezou does not explicitly disclose the first backoff value and the default backoff value are included in a set of backoff values, and each backoff value is a multiple of a next smaller backoff value included in the set of backoff values. However, in the same field of endeavor, Li teaches the first backoff value and the default backoff value are included in a set of backoff values (backoff adjustment is proportional [multiple] to basic [default] backoff [basic backoff and adjusted backoff corresponding to set]; para. 68), and each backoff value is a multiple of a next smaller backoff value included in the set of backoff values (backoff adjustment is proportional [multiple] to basic [default] backoff; para. 68). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Li to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Li’s backoff for different devices (para. 22) improves user experience by not affecting quality of user’s services. Regarding claim 23, the claim is interpreted and rejected for the same reason as set forth in claim 4. Claim(s) 5 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosek-Szott in view of Nezou, and further in view of Haran et al. (US 2005/0249497 A1) hereinafter Haran. Regarding claim 5, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 1. While Kosek-Szott discloses carrier sense multiple access with collision avoidance (CSMA/CA), the combination of Kosek-Szott does not explicitly disclose wherein the one or more processors are individually or collectively further operable to execute the code to cause the first wireless device to: transmit a plurality of signals periodically after the second signal. However, in the same field of endeavor, Nezou further teaches wherein the one or more processors are individually or collectively further operable to execute the code to cause the first wireless device to: transmit a plurality of signals periodically after the second signal (medium access via queue [periodic] for carrier sense multiple access with collision avoidance (CSMA/CA) RTS/CTS; para. [45, 367-382]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Nezou to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Nezou’s services with different priorities (para. [09-10, 388]) improves user satisfaction by offering various services having different priorities coexisting with heterogeneous radio technologies. While Nezou discloses backoff and a corresponding priority, Nezou does not explicitly disclose at a periodicity based at least in part on a ratio between the first priority and the default priority. However, in the same field of endeavor, Haran teaches at a periodicity based at least in part on a ratio between the first priority and the default priority (transmission from queue based on ratio between priorities; para. 46). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Haran to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Haran’s dynamic bandwidth allocation (para. [05, 09, 13]) improves resource efficiency by reducing waste of resources. Regarding claim 24, the claim is interpreted and rejected for the same reason as set forth in claim 5. Claim(s) 13-14, 18-19, and 29-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosek-Szott in view of Nezou, and further in view of Wentink (US 2018/0167976 A1) hereinafter Wentink. Regarding claim 13, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 12. While the combination of Kosek-Szott and Nezou discloses deterministic backoff, counting interruptions, exponential backoff, dynamic number of nodes, the combination of Kosek-Szott and Nezou does not explicitly disclose wherein the function comprises a block size value, indicating a quantity of time for increasing the first backoff value, multiplied by a difference between the quantity of repeated colliding transmissions and a minimum quantity of repeated colliding transmissions to trigger the randomized backoff period. However, in the same field of endeavor, Wentink teaches wherein the function comprises a block size value (contention window (CW) as backoff slots; para. [53, 109]), indicating a quantity of time for increasing the first backoff value (adjusting [increasing] subsequent backoff; para. 53), multiplied by a difference between the quantity of repeated colliding transmissions and a minimum quantity of repeated colliding transmissions to trigger the randomized backoff period (CW multiplied by excess TXOP; para. 71 Eq. 7, updated excess TXOP as excess TXOP - TXOP limit [difference between quantity and minimum quantity triggering backoff]; para. [70-79]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Wentink to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Wentink’s reduced overhead (para. 53) improves system efficiency by reducing overhead and power of stations and APs. Regarding claim 14, the combination of Kosek-Szott, Nezou, and Wentink teaches the limitation of previous claim 13. While the combination of Kosek-Szott and Nezou discloses increasing backoff, the combination of Kosek-Szott and Nezou does not explicitly disclose wherein the block size value is a random quantity within a range, and wherein the range increases with the quantity of repeated colliding transmissions. However, in the same field of endeavor, Wentink further teaches wherein the block size value is a random quantity within a range (backoff based on random value within range of used CW; para. 75 and Eq. 10), and wherein the range increases with the quantity of repeated colliding transmissions (for every collision, compensation applied to larger CW value; para. 73). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Wentink to the modified system of Kosek-Szott, Nezou, and Wentink, where Kosek-Szott, Nezou, and Wentink’s modified system along with Wentink’s reduced overhead (para. 53) improves system efficiency by reducing overhead and power of stations and APs. Regarding claim 18, the combination of Kosek-Szott and Nezou teaches the limitation of previous claim 17. While the combination of Kosek-Szott and Nezou discloses deterministic backoff, counting interruptions, exponential backoff, dynamic number of nodes, the combination of Kosek-Szott and Nezou does not explicitly disclose wherein the function comprises a block size value, indicating a quantity of time for increasing the first backoff value, multiplied by a difference between the quantity of repeated colliding transmissions and a minimum quantity of collisions to trigger the randomized backoff period. However, in the same field of endeavor, Wentink teaches wherein the function comprises a block size value (contention window (CW) as backoff slots; para. [53, 109]), indicating a quantity of time for increasing the first backoff value (adjusting [increasing] subsequent backoff; para. 53), multiplied by a difference between the quantity of repeated colliding transmissions and a minimum quantity of collisions to trigger the randomized backoff period (CW multiplied by excess TXOP; para. 71 Eq. 7, updated excess TXOP as excess TXOP - TXOP limit [difference between quantity and minimum quantity triggering backoff]; para. [70-79]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Wentink to the modified system of Kosek-Szott and Nezou, where Kosek-Szott and Nezou’s modified system along with Wentink’s reduced overhead (para. 53) improves system efficiency by reducing overhead and power of stations and APs. Regarding claim 19, the combination of Kosek-Szott, Nezou, and Wentink teaches the limitation of previous claim 18. While the combination of Kosek-Szott and Nezou discloses increasing backoff, the combination of Kosek-Szott and Nezou does not explicitly disclose wherein the block size value is a random quantity within a range, and wherein the range increases with the quantity of collisions. However, in the same field of endeavor, Wentink further teaches wherein the block size value is a random quantity within a range (backoff based on random value within range of used CW; para. 75 and Eq. 10), and wherein the range increases with the quantity of collisions (for every collision, compensation applied to larger CW value; para. 73). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the technique of Wentink to the modified system of Kosek-Szott, Nezou, and Wentink, where Kosek-Szott, Nezou, and Wentink’s modified system along with Wentink’s reduced overhead (para. 53) improves system efficiency by reducing overhead and power of stations and APs. Regarding claim 29, the claim is interpreted and rejected for the same reason as set forth in claim 18. Regarding claim 30, the claim is interpreted and rejected for the same reason as set forth in claim 19. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yang et al. (US 2018/0020485 A1) discloses a backoff window adjustment method, and apparatus. Merlin et al. (US 2012/0218947 A1) discloses rules for multiplexing data of different access categories in multi user MIMO wireless systems. Cariou et al. (US 2023/0096482 A1) discloses prioritized access for PPDU retransmissions after a collision. Liu et al. (US 2003/0145095 A1) discloses implementing Enhanced Distributed Coordinating Function (EDCF) with a single hardware backoff counter. Merriam-Webster (www.merriam-webster.com/dictionary/default) entry for "default". 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 JOSE L PEREZ whose telephone number is (571) 270-7348. The examiner can normally be reached M-F 11 am - 3 pm. 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/uspto-automated-interview-request-air-form. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached at (571) 272-2832. 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. /JOSE L PEREZ/Examiner, Art Unit 2474 /Michael Thier/Supervisory Patent Examiner, Art Unit 2474
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Prosecution Timeline

Aug 18, 2023
Application Filed
Mar 10, 2026
Non-Final Rejection mailed — §103
Jun 09, 2026
Response Filed
Aug 28, 2026
Final Rejection mailed — §103 (current)

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3-4
Expected OA Rounds
52%
Grant Probability
93%
With Interview (+41.0%)
4y 1m (~1y 0m remaining)
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