Prosecution Insights
Last updated: April 19, 2026
Application No. 18/476,397

APPARATUS FOR COMMUNICATION AND SENSING

Non-Final OA §102
Filed
Sep 28, 2023
Examiner
LO, DIANE LEE
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Nxp B V
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
98%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
842 granted / 941 resolved
+31.5% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
25 currently pending
Career history
966
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
50.4%
+10.4% vs TC avg
§102
32.8%
-7.2% vs TC avg
§112
3.0%
-37.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 941 resolved cases

Office Action

§102
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 . DETAILED ACTION This is response to Application 18/476,397 filed on 09/28/2023 in which claims 16-34 are presented for examination. Allowable Subject Matter Claims 23, 25, 26 and 34 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim Rejections - 35 USC § 102 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 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. Claims 16-22, 24, and 27-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ro et al. (US 2016/0278120 A1). 1. Regarding claim 16, Ro teaches an apparatus configured to control a transmitter (Fig. 1 Paragraph [0099] terminal switching between transmission and reception), the apparatus comprising a processor configured to: provide for generation of a data frame for transmission by the transmitter at a selected one of a plurality of predetermined carrier frequencies, the data frames having a fixed predetermined frame length (Fig. 1 channel sensing signal design; LTE uplink), wherein each data frame comprises fixed predetermined number of sub-frames (Fig. 1, Paragraph [0099] subframe divided into slots), and each sub-frame comprises a predetermined number of slots based on which of the plurality of predetermined carrier frequencies is selected (Paragraph [0099] each slot has seven SC-FDMA symbols), and wherein each slot includes a fixed number of symbol time periods (Paragraph [0099] each slot has seven SC-FDMA symbols); receive a data stream for transmission (Fig. 9 Paragraph [0148] data transmission); define, for the predetermined number of slots of each sub-frame, at least one communication-slot for transmitting of data-symbols that represent the data stream and at least one sense-slot for transmitting a predetermined sense-symbol for use in sensing an environment proximal the transmitter (Fig. 1 and 9; channel sensing signal transmitted via an SC-FDMA symbol next to the GP of slot 0); wherein the generation of the data frame further includes the generation of the data-symbols that represent the data stream, in the respective symbol time periods of the at least one communication-slot, according to a predetermined encoding protocol (Fig. 1 channel sensing signal design; LTE uplink), and the generation of the predetermined sense-symbol in at least one symbol time period of the respective at least one sense-slot (Fig. 1 and 9; channel sensing signal transmitted via an SC-FDMA symbol next to the GP of slot 0). 2. Regarding claim 27, Ro teaches a method for an apparatus comprising a processor that is configured to control a transmitter (Fig. 1 Paragraph [0099] terminal switching between transmission and reception), the method comprising: providing for generation of a data frame for transmission by the transmitter at a selected one of a plurality of predetermined carrier frequencies, the data frames having a fixed predetermined frame length (Fig. 1 channel sensing signal design; LTE uplink), wherein each data frame comprises fixed predetermined number of sub-frames (Fig. 1, Paragraph [0099] subframe divided into slots), and each sub-frame comprises a predetermined number of slots based on which of the plurality of predetermined carrier frequencies is selected (Paragraph [0099] each slot has seven SC-FDMA symbols), and wherein each slot includes a fixed number of symbol time periods (Paragraph [0099] each slot has seven SC-FDMA symbols); receiving a data stream for transmission (Fig. 9 Paragraph [0148] data transmission); defining, for the predetermined number of slots of each sub-frame, at least one communication-slot for transmitting of data-symbols that represent the data stream and at least one sense-slot for transmitting a predetermined sense-symbol for use in sensing an environment proximal the transmitter (Fig. 1 and 9; channel sensing signal transmitted via an SC-FDMA symbol next to the GP of slot 0); wherein the providing for generation of the data frame further includes generating of the data-symbols that represent the data stream, in the respective symbol time periods of the at least one communication-slot, according to a predetermined encoding protocol (Fig. 1 channel sensing signal design; LTE uplink), and generating of the predetermined sense-symbol in at least one symbol time period of the respective at least one sense-slot (Fig. 1 and 9; channel sensing signal transmitted via an SC-FDMA symbol next to the GP of slot 0). 3. Regarding claims 17 and 30, Ro teaches wherein the predetermined number of slots in each sub-frame comprises at least two and each sense-slot excludes data-symbols that represent the data stream (Ro, Figures 1 and 9 Paragraph [0099] subframe divided into slots; channel sensing signal). 4. Regarding claims 18 and 29, Ro teaches wherein the processor being configured to generate data-symbols that represent the data stream comprises: the generation of the data-symbols that represent the data stream in the respective symbol time periods of the communication-slots and the symbol time periods of the sense-slots that are not occupied by the predetermined sense-symbol (Ro, Figures 1 and 9 Paragraph [0099] subframe divided into slots; transmit channel sensing signal and data). 5. Regarding claims 19 and 31, Ro teaches wherein the time period between consecutive sense-symbols is constant (Figure 1 number of symbols between consecutive channel sensing signal is the same). 6. Regarding claims 20 and 28, Ro teaches wherein the processor is configured such that the position of the at least one symbol time period in the at least one sense-slot of each sub-frame during which the sense-symbol is generated is selected to provide the constant time period between consecutive sense-symbols (Figure 1 number of symbols between consecutive channel sensing signal is the same). 7. Regarding claims 21 and 32, Ro teaches wherein the sense-symbol has a duration that extends over at least two consecutive symbol time periods in the sense-slots (Figure 1 diagram b, Paragraph [0101] channel sensing signal over two SC-FDMA symbols). 8. Regarding claims 22 and 33, Ro teaches wherein each sub-frame includes at least one guard interval and the predetermined number of slots (Fig. 1 Paragraph [0099] each slot has seven SC-FDMA symbols; guard period). 9. Regarding claim 24, Ro teaches wherein the sense-symbols generated by the processor have a duration of at least two symbol time periods and comprise a first symbol time period comprising a symbol time period having a data-symbol therein and at least a second symbol time period directly adjacent the first symbol time period and comprising a copy of the data-symbol in the first symbol time period (Figure 1 diagram b, Paragraph [0101] channel sensing signal over two SC-FDMA symbols). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: Ren et al. (US 20230188275 A1) Paragraph [0075] estimate Doppler Park et al. (US 20210392516 A1) Figure 8 Paragraph [0021] environment sensing with different carrier frequencies Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE LEE LO whose telephone number is (571)270-1952. The examiner can normally be reached Monday - Friday 8 am - 5 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/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at (571)272-7969. 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. /DIANE L LO/Primary Examiner, Art Unit 2466
Read full office action

Prosecution Timeline

Sep 28, 2023
Application Filed
Jan 16, 2026
Non-Final Rejection — §102 (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
90%
Grant Probability
98%
With Interview (+8.5%)
2y 3m
Median Time to Grant
Low
PTA Risk
Based on 941 resolved cases by this examiner. Grant probability derived from career allow rate.

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