Prosecution Insights
Last updated: April 19, 2026
Application No. 18/465,767

BANDWIDTH DETERMINING METHOD, DEVICE, STORAGE MEDIUM, AND PROGRAM PRODUCT

Non-Final OA §102§103
Filed
Sep 12, 2023
Examiner
AHMED, ABDULLAHI
Art Unit
2475
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
87%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
434 granted / 509 resolved
+27.3% vs TC avg
Minimal +2% lift
Without
With
+1.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
28 currently pending
Career history
537
Total Applications
across all art units

Statute-Specific Performance

§101
5.1%
-34.9% vs TC avg
§103
46.6%
+6.6% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 509 resolved cases

Office Action

§102 §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 . This action is in response to the application filed on 12 September 2023. Claims 1-20 are under examination. Information Disclosure Statement The information disclosure statement (IDS) submitted 26 November 2024, 17 January 2025, 10 June 2025, and 22 October 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. Claim Rejections - 35 USC § 102 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)(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. Claims 1-5, 8-14, and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sun et al. (US Publication 2022/0053379). With respect to claims 1 and 10, Sun teaches An apparatus, applied for a first device, comprising: at least one processor; and one or more memories coupled to the at least one processor (the wireless communication device 406 further includes one or more processors, processing blocks or processing elements 406 (collectively “the processor 406”) and one or more memory blocks or elements 408 (collectively “the memory 408”), Paragraph 54) and storing instructions for execution by the at least one processor to perform operations comprising: receiving a physical layer protocol data unit (PPDU) from a second device, (The APs 102 and STAs 104 transmit and receive wireless communications whereinafter also referred to as “Wi-Fi communications”) to and from one another in the form of physical layer convergence protocol (PLCP) protocol data units (PPDUs), paragraph 47) wherein the PPDU comprises a scrambling sequence and a service field, (The DATA field 626 includes a service field 632, a PSDU 634, a tail 636, and zero or more pad bits 638. the service field 632 carries a scrambler initialization sequence that can be used to synchronize a descrambler of the receiving device, paragraph 68) and a first group of bits in the scrambling sequence (The last two bits of the scrambler initialization sequence 702 (coinciding with bit positions B5 and B6 of the service field 700) are repurposed as bandwidth bits BW1 and BW2, paragraph 73) and a second group of bits in the service field indicate at least one candidate bandwidth; (at least one of the remaining bits 704 may be repurposed as an enhanced (EHT) bandwidth (BW) bit. In the example of FIG. 7A, the EHT BW bit immediately follows the scrambler initialization sequence 702 (coinciding with bit position B7 of the service field 700). However, in actual implementations, any of the remaining bits 704 may be repurposed as one or more EHT BW bits. In some aspects, a receiving device may determine that the service field 700 carries enhanced bandwidth information upon detecting one or more of the remaining bits 704 being set to a value of “1.”, paragraph 74) and in response to detecting a check error occurs in the second group of bits, (at least one of the remaining bits 704 may be repurposed as a parity bit. In the example of FIG. 7A, the parity bit is the last bit of the service field 700 (coinciding with bit position B15). In some aspects, a receiving device may perform a parity check operation on the remaining bits 704 of the service field 700 based on the value of the parity bit, paragraph 76) determining a bandwidth for communication between the first device and the second device based on the first group of bits. (The last two bits of the scrambler initialization sequence 712 (coinciding with bit positions B5 and B6 of the service field 710) are repurposed as bandwidth bits BW1 and BW2, paragraph 78. Examiner note: remaining bits is prone to error, and bit positions B5 and B6 indicate bandwidth, will be used instead of enhanced bandwidth information) With respect to claims 2 and 11, Sun teaches wherein the determining a bandwidth for communication between the first device and the second device based on the first group of bits comprises: in response to determining that the first group of bits indicate a single candidate bandwidth, determining the single candidate bandwidth as the bandwidth for communication. (The bandwidth bits BW1 and BW2 may have one of four possible values each representing a respective 20, 40, 80, or 160 (80+80) MHz bandwidth. In an RTS frame, the bandwidth information 640 may indicate a desired bandwidth over which the requesting device would like to transmit subsequent data frames, paragraph 69) With respect to claims 3 and 12, Sun teaches wherein the determining a bandwidth for communication between the first device and the second device based on the first group of bits comprises: in response to determining that a value of the first group of bits is 1, determining the bandwidth for communication as a first bandwidth; in response to determining that the value of the first group of bits is 2, determining the bandwidth for communication as a second bandwidth; or in response to determining that the value of the first group of bits is 3, determining the bandwidth for communication as a third bandwidth. (each of the bandwidth bits BW1 and BW2 and EHT BW bit may be set to a value of “1” to indicate a 320 MHz bandwidth whereas other bit combinations may be used to indicate various other bandwidths, paragraph 75) With respect to claims 4 and 13, Sun teaches wherein the first bandwidth is 40 MHz, the second bandwidth is 80 MHz, and the third bandwidth is 160 MHz. (The bandwidth bits BW1 and BW2 may have one of four possible values each representing a respective 20, 40, 80, or 160 (80+80) MHz bandwidth, paragraph 69) With respect to claims 5 and 14, Sun teaches wherein the determining a bandwidth for communication between the first device and the second device based on the first group of bits comprises: in response to determining that the first group of bits indicate a plurality of candidate bandwidths, determining the bandwidth for communication from the plurality of candidate bandwidths based on a bandwidth negotiation process between the first device and the second device. (The bandwidth bits BW1 and BW2 may have one of four possible values each representing a respective 20, 40, 80, or 160 (80+80) MHz bandwidth. In an RTS frame, the bandwidth information 640 may indicate a desired bandwidth over which the requesting device would like to transmit subsequent data frames. In a CTS frame, the bandwidth information 640 may indicate the bandwidth available to the requesting device for the transmission of the data frames, paragraph 69. The DYN bit indicates whether a receiving device is required to respond to the bandwidth negotiation frame (such as by transmitting a CTS frame) if one or more subchannels of the bandwidth indicated by the bandwidth bits BW1 and BW2 are occupied or otherwise unavailable, paragraph 73) With respect to claims 8 and 17, Sun teaches wherein the bandwidth negotiation process is determined depending on whether the PPDU indicates a preset parameter or based on a value of a preset parameter indicated by the PPDU. (selectively transmitting a second PPDU based on the bandwidth information carried in the service field of the first PPDU, paragraph 121) With respect to claims 9 and 18, Sun teaches wherein the PPDU is a PPDU in a non-high throughput (non-HT) format or a PPDU in a non-HT duplicated format. (The bandwidth negotiation frame 600 may be formatted in accordance with a non-HT PPDU format or a non-HT duplicate PPDU format. In such implementations, the PHY preamble 601 of the PPDU 600 may not include the non-legacy portion 604, paragraph 71) With respect to claim 19, Sun teaches An apparatus, applied for a first device, comprising: at least one processor; and one or more memories coupled to the at least one processor and storing instructions for execution by the at least one processor to perform operations comprising: (the wireless communication device 406 further includes one or more processors, processing blocks or processing elements 406 (collectively “the processor 406”) and one or more memory blocks or elements 408 (collectively “the memory 408”), Paragraph 54) receiving a physical layer protocol data unit (PPDU) from a second device, (The APs 102 and STAs 104 transmit and receive wireless communications whereinafter also referred to as “Wi-Fi communications”) to and from one another in the form of physical layer convergence protocol (PLCP) protocol data units (PPDUs), paragraph 47) wherein the PPDU comprises a group of bits that are associated with a bandwidth and that are in a service field; (The DATA field 626 includes a service field 632, a PSDU 634, a tail 636, and zero or more pad bits 638. the service field 632 carries a scrambler initialization sequence that can be used to synchronize a descrambler of the receiving device, paragraph 68. The last two bits of the scrambler initialization sequence 702 (coinciding with bit positions B5 and B6 of the service field 700) are repurposed as bandwidth bits BW1 and BW2, paragraph 73. At least one of the remaining bits 704 may be repurposed as an enhanced (EHT) bandwidth (BW) bit. In the example of FIG. 7A, the EHT BW bit immediately follows the scrambler initialization sequence 702 (coinciding with bit position B7 of the service field 700). However, in actual implementations, any of the remaining bits 704 may be repurposed as one or more EHT BW bits. In some aspects, a receiving device may determine that the service field 700 carries enhanced bandwidth information upon detecting one or more of the remaining bits 704 being set to a value of “1”, paragraph 74) and in response to detecting a check error occurs in the group of bits, (at least one of the remaining bits 704 may be repurposed as a parity bit. In the example of FIG. 7A, the parity bit is the last bit of the service field 700 (coinciding with bit position B15). In some aspects, a receiving device may perform a parity check operation on the remaining bits 704 of the service field 700 based on the value of the parity bit, paragraph 76) determining a bandwidth for communication between the apparatus and the second device based on a bandwidth negotiation process between the apparatus and the second device. (The last two bits of the scrambler initialization sequence 712 (coinciding with bit positions B5 and B6 of the service field 710) are repurposed as bandwidth bits BW1 and BW2, paragraph 78. Examiner note: remaining bits is prone to error, and bit positions B5 and B6 indicate bandwidth, will be used instead of enhanced bandwidth information) With respect to claim 20, Sun teaches wherein the determining a bandwidth for communication between the apparatus and the second device comprises: in response to determining that the bandwidth negotiation process is a dynamic bandwidth negotiation process, determining a preset bandwidth as the bandwidth for communication. (he fifth bit of the scrambler initialization sequence 702 (coinciding with bit position B4 of the service field 700) may be repurposed as a dynamic bandwidth (DYN) bit. The DYN bit indicates whether a receiving device is required to respond to the bandwidth negotiation frame (such as by transmitting a CTS frame) if one or more subchannels of the bandwidth indicated by the bandwidth bits BW1 and BW2 are occupied or otherwise unavailable., paragraph 73) Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103(a) 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 35 U.S.C. 103(a) 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 6 and 15 are rejected under 35 U.S.C. 103(a) as being unpatentable over Sun et al. (US Publication 2022/0053379) in view of Chu et al. (US Publication 2015/0146808). With respect to claims 6 and 15, Sun doesn’t teach wherein the determining the bandwidth for communication from the plurality of candidate bandwidths comprises: in response to determining that the bandwidth negotiation process is a dynamic bandwidth negotiation process, selecting a smallest candidate bandwidth from the plurality of candidate bandwidths. Chu teaches wherein the determining the bandwidth for communication from the plurality of candidate bandwidths comprises: in response to determining that the bandwidth negotiation process is a dynamic bandwidth negotiation process, selecting a smallest candidate bandwidth from the plurality of candidate bandwidths. (When two of more client stations 1104 share a smallest channel bandwidth of the WLAN, the AP 1102 selects one of the two or more client stations 1104, and requests that the selected one of the two or more client station 1104 transit the control frame 1108, Paragrpah 96. The frame exchange 1350 is similar to the frame exchange 1300 of FIG. 13A except that in the frame exchange 1350, the AP 1302 and the client stations 1304 employ dynamic bandwidth negotiation, in an embodiment. For example, the client station 1304-3 detects that a first 20 MHz portion of the 40 MHz sub-channel allocated to the client station 1304-3 is available to the client station 1304-3, but a second 20 MHz portion of the 40 MHz sub-channel allocated to the client station 1304-3 is not available to the client station 1304-3. The client station 904-3 transmits a control frame 1307 in the available 20 MHz portion of the 40 MHz sub-channel allocated to the client station 1304, paragraph 113) Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to implement system of Sun with selecting a smallest candidate bandwidth from the plurality of candidate bandwidths as taught by Chu. The motivation for combining Sun and Chu is to be able to improve bandwidth usage in a network. Claims 7 and 16 are rejected under 35 U.S.C. 103(a) as being unpatentable over Sun et al. (US Publication 2022/0053379) in view of Choi et al. (US Publication 2017/0064711). With respect to claims 7 and 16, Sun doesn’t teach wherein the determining the bandwidth for communication from the plurality of candidate bandwidths comprises: in response to determining that the bandwidth negotiation process is a non-dynamic bandwidth negotiation process, determining the bandwidth for communication from the plurality of candidate bandwidths through blind detection, wherein the non-dynamic bandwidth negotiation process comprises a static bandwidth negotiation process or a bandwidth negotiation-free process. Choi teaches wherein the determining the bandwidth for communication from the plurality of candidate bandwidths comprises: in response to determining that the bandwidth negotiation process is a non-dynamic bandwidth negotiation process, determining the bandwidth for communication from the plurality of candidate bandwidths through blind detection, wherein the non-dynamic bandwidth negotiation process comprises a static bandwidth negotiation process or a bandwidth negotiation-free process. (When the H-STF 800 precedes the H-SIG A 810, information on a channel bandwidth may not be identified. Thus, a fixed channel bandwidth may be used or blind detection for a channel bandwidth may be performed, paragraph 73) Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to implement system of Sun with s determining the bandwidth for communication from the plurality of candidate bandwidths through blind detection as taught by Choi. The motivation for combining Sun and Choi is to be able to perform simultaneous communications based on OFDMA increases, a multi-user diversity gain and increase scheduling flexibility. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chang et al. (US Publication 2024/0172273) discloses control frame, either a plurality of first reserved bits in a SERVICE field or a plurality of bits in a User Info field are set to indicate a multiple resource unit (MRU) pattern regarding preamble puncturing. Lu et al. (US Publication 2022/0201665) discloses receives a control frame and, in response, transmits a control response frame. In the control frame, either or both of a scrambling sequence and a SERVICE field are set to indicate bandwidth and preamble puncturing information. Any inquiry concerning this communication from the examiner should be directed to ABDULLAHI AHMED whose telephone number is (571) 270-3652. The examiner can normally be reached on M-F 8:00AM-4:30PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khalid Kassim can be reached on 571-270-3370. 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. /ABDULLAHI AHMED/Examiner, Art Unit 2475
Read full office action

Prosecution Timeline

Sep 12, 2023
Application Filed
Sep 26, 2023
Response after Non-Final Action
Feb 21, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
87%
With Interview (+1.9%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 509 resolved cases by this examiner. Grant probability derived from career allow rate.

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