Prosecution Insights
Last updated: May 29, 2026
Application No. 18/536,180

MODULATING TONES IN A LONG TRAINING FIELD

Non-Final OA §102§103
Filed
Dec 11, 2023
Priority
Dec 09, 2022 — provisional 63/386,840
Examiner
HUYNH, KHOA B
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
MaxLinear, Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
546 granted / 684 resolved
+21.8% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
16 currently pending
Career history
698
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
71.5%
+31.5% vs TC avg
§102
5.7%
-34.3% vs TC avg
§112
13.3%
-26.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 684 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 . 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-2, 4-5, 8-13, 15, 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang, US 20210167889. For claim 1. Yang teaches: A method, comprising: obtaining a transmission to be transmitted via a transmission channel; (Yang, paragraph 6, 60, transmit a packet via a wireless channel) identifying at least one symbol included in the transmission, the at least one symbol including a plurality of tones; (Yang, paragraph 62, packet includes a symbol, symbol includes first set of tones and second sets of tones) performing a first modulation to a first subset of the plurality of tones; (Yang, paragraph 62, first set of tones modulated using the first MCS) and performing a second modulation to a second subset of the plurality of tones. (Yang, paragraph 62, second set of tones modulated using the second MCS) For claim 2. Yang discloses all the limitations of claim 1, and Yang further teaches: further comprising transmitting the transmission to a receiving device using the transmission channel. (Yang, paragraph 6, 60, transmit a packet to a receiving device via a wireless channel) For claim 4. Yang discloses all the limitations of claim 1, and Yang further teaches: wherein the at least one symbol is operable to facilitate a channel estimation associated with the transmission channel by a receiving device using the first subset of the plurality of tones. (Yang, paragraph 98, L-LTF portion of packet enables receiving device to estimate the wireless channel; paragraph 60, 62, portions of packet are sets of tones within a symbol of the packet) For claim 5. Yang discloses all the limitations of claim 1, and Yang further teaches: wherein the first modulation comprises applying a scaling factor or a phase factor to the first subset of the plurality of tones. (Yang, paragraph 62, first set of tones modulated using the first MCS; paragraph 75, MCS options include a binary phase shift keying (BPSK) modulation scheme, a quadrature phase shift keying (QPSK) modulation scheme) For claim 8. Yang discloses all the limitations of claim 1, and Yang further teaches: wherein the second modulation comprises modulating the second subset of the plurality of tones with data to be transmitted to a receiving device. (Yang, paragraph 62, second set of tones modulated using the second MCS, second set of tones is a second portion of a packet; paragraph 60, source data is encoded in the second portion; paragraph 60, transmit packet to a receiving device) For claim 9. Yang discloses all the limitations of claim 8, and Yang further teaches: wherein the second modulation is a binary phase shift key applied to the second subset of the plurality of tones. (Yang, paragraph 62, first set of tones modulated using the first MCS; paragraph 75, MCS options include a binary phase shift keying (BPSK) modulation scheme, a quadrature phase shift keying (QPSK) modulation scheme) For claim 10. Yang discloses all the limitations of claim 8, and Yang further teaches: wherein the data is included in a preamble of the transmission. (Yang, paragraph 98, data included with the preamble of the packet) For claim 11. Yang discloses all the limitations of claim 10, and Yang further teaches: wherein the data in the preamble of the transmission is in lieu of including additional data in a data field of the transmission. (Yang, paragraph 98-99, data included with the preamble as described in paragraph 98 instead in padding section after data payload as described in paragraph 99) For claim 12. Yang teaches: A system for wireless communication, comprising: data processing hardware; and memory hardware in communication with the data processing hardware, the memory hardware storing instructions that when executed on the data processing hardware cause the data processing hardware to perform operations comprising: (Yang, fig 12, paragraph 112-113, 117-118, device include processor executes instructions stored in memory to perform operations) obtain a transmission to be transmitted via a transmission channel; (Yang, paragraph 6, 60, transmit a packet via a wireless channel) identify at least one symbol included in the transmission, the at least one symbol including a plurality of tones; (Yang, paragraph 62, packet includes a symbol, symbol includes first set of tones and second sets of tones) perform a first modulation to a first subset of the plurality of tones; (Yang, paragraph 62, first set of tones modulated using the first MCS) and perform a second modulation to a second subset of the plurality of tones. (Yang, paragraph 62, second set of tones modulated using the second MCS) For claim 13. Yang discloses all the limitations of claim 12, and Yang further teaches: wherein the operations further comprise transmit the transmission to a receiving device using the transmission channel. (Yang, paragraph 6, 60, transmit a packet to a receiving device via a wireless channel) For claim 15. Yang discloses all the limitations of claim 12, and Yang further teaches: wherein the at least one symbol is operable to facilitate a channel estimation associated with the transmission channel by a receiving device using the first subset of the plurality of tones. (Yang, paragraph 98, L-LTF portion of packet enables receiving device to estimate the wireless channel; paragraph 60, 62, portions of packet are sets of tones within a symbol of the packet) For claim 18. Yang discloses all the limitations of claim 12, and Yang further teaches: wherein the second modulation comprises modulating the second subset of the plurality of tones with data to be transmitted to a receiving device. (Yang, paragraph 62, second set of tones modulated using the second MCS, second set of tones is a second portion of a packet; paragraph 60, source data is encoded in the second portion; paragraph 60, transmit packet to a receiving device) For claim 19. Yang discloses all the limitations of claim 18, and Yang further teaches: wherein the second modulation is a binary phase shift key applied to the second subset of the plurality of tones. (Yang, paragraph 62, first set of tones modulated using the first MCS; paragraph 75, MCS options include a binary phase shift keying (BPSK) modulation scheme, a quadrature phase shift keying (QPSK) modulation scheme) For claim 20. Yang discloses all the limitations of claim 18, and Yang further teaches: wherein the data is included in a preamble of the transmission. (Yang, paragraph 98, data included with the preamble of the packet) Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 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 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 3, 6-7, 14, 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yang, US 20210167889 in view of Roy, US 11050589. For claim 3. Yang discloses all the limitations of claim 1, however Yang doesn’t teach: wherein the at least one symbol is a high efficiency/extremely high throughput-long training field (HE/EHT-LTF) symbol. Roy from the same or similar fields of endeavor teaches: wherein the at least one symbol is a high efficiency/extremely high throughput-long training field (HE/EHT-LTF) symbol. (Roy, fig 2, column 5, line 66 to column 6, line 36, HELTF symbol is transmitted using first subset of tones and second subset of tones; also see column 1, line 40-53 for more details; modulation schemes are described in column 6, line 42-62) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Roy into Yang, since Yang suggests a technique for communicating a symbol including multiple sets of tones, and Roy suggests the beneficial way of having such symbol to be an HELTF symbol since it’s well-known in the art for HELTF symbol to be communicated using multiple sets of tones (Roy, fig 2, column 5, line 66 to column 6, line 36) thus doing so would ease implementation and improve compatibility in the analogous art of communication. For claim 6. Yang discloses all the limitations of claim 5, however Yang doesn’t teach: wherein the scaling factor comprises a training signal. Roy from the same or similar fields of endeavor teaches: wherein the scaling factor comprises a training signal. (Roy, fig 2, column 5, line 66 to column 6, line 36, HELTF symbol is transmitted using first subset of tones and second subset of tones; column 6, line 42-62, first subset of tones is modulated with value +1; value +1 is a scaling factor; +1 is a training signal since HELTF means High Efficiency Long Training Field as discussed in column 1, line 30-36; column 7, line 22-36, first subset of tones is divided into first sub-subset set 1a and second sub-subset set 1b, value +1 is modulated onto first sub-subset set 1a, value 0 is modulated onto second sub-subset set 1b; +1, 0 is a scaling factor; +1, 0 is a training signal since HELTF means High Efficiency Long Training Field as discussed in column 1, line 30-36) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Roy into Yang, since Yang suggests a technique for communicating a symbol including multiple sets of tones which are modulated, and Roy suggests the beneficial way of modulating such sets of tones using a scaling factor comprises a training signal to improve communication efficiency (Roy, column 1, line 31-36, column 7, line 22-36) in the analogous art of communication. For claim 7. Yang and Roy disclose all the limitations of claim 6, however Yang doesn’t teach: wherein the training signal includes a plurality of values associated with a particular bandwidth associated with the transmission. Roy from the same or similar fields of endeavor teaches: wherein the training signal includes a plurality of values associated with a particular bandwidth associated with the transmission. (Roy, fig 2, column 5, line 66 to column 6, line 36, HELTF symbol is transmitted using first subset of tones and second subset of tones; column 6, line 42-62, first subset of tones is modulated with value +1; value +1 is a scaling factor; +1 is a training signal since HELTF means High Efficiency Long Training Field as discussed in column 1, line 30-36; column 7, line 22-36, first subset of tones is divided into first sub-subset set 1a and second sub-subset set 1b, value +1 is modulated onto first sub-subset set 1a, value 0 is modulated onto second sub-subset set 1b; +1, 0 is a scaling factor; +1, 0 is a training signal since HELTF means High Efficiency Long Training Field as discussed in column 1, line 30-36; column 5, line 32-44, training signal is associated with bandwidth of 20 MHz) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Roy into Yang, since Yang suggests a technique for communicating a symbol including multiple sets of tones which are modulated, and Roy suggests the beneficial way of modulating such sets of tones using a scaling factor comprises a training signal which comprises multiple values associated with a particular bandwidth to improve communication efficiency (Roy, column 1, line 31-36, column 7, line 22-36) in the analogous art of communication. For claim 14. Yang discloses all the limitations of claim 12, however Yang doesn’t teach: wherein the at least one symbol is a high efficiency/extremely high throughput-long training field (HE/EHT-LTF) symbol. Roy from the same or similar fields of endeavor teaches: wherein the at least one symbol is a high efficiency/extremely high throughput-long training field (HE/EHT-LTF) symbol. (Roy, fig 2, column 5, line 66 to column 6, line 36, HELTF symbol is transmitted using first subset of tones and second subset of tones; also see column 1, line 40-53 for more details; modulation schemes are described in column 6, line 42-62) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Roy into Yang, since Yang suggests a technique for communicating a symbol including multiple sets of tones, and Roy suggests the beneficial way of having such symbol to be an HELTF symbol since it’s well-known in the art for HELTF symbol to be communicated using multiple sets of tones (Roy, fig 2, column 5, line 66 to column 6, line 36) thus doing so would ease implementation and improve compatibility in the analogous art of communication. For claim 16. Yang discloses all the limitations of claim 12, however Yang doesn’t teach: wherein the first modulation comprises applying a training signal to the first subset of the plurality of tones. Roy from the same or similar fields of endeavor teaches: wherein the first modulation comprises applying a training signal to the first subset of the plurality of tones. (Roy, fig 2, column 5, line 66 to column 6, line 36, HELTF symbol is transmitted using first subset of tones and second subset of tones; column 6, line 42-62, first subset of tones is modulated with value +1; value +1 is a training signal since HELTF means High Efficiency Long Training Field as discussed in column 1, line 30-36; column 7, line 22-36, first subset of tones is divided into first sub-subset set 1a and second sub-subset set 1b, value +1 is modulated onto first sub-subset set 1a, value 0 is modulated onto second sub-subset set 1b; +1, 0 is a training signal since HELTF means High Efficiency Long Training Field as discussed in column 1, line 30-36) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Roy into Yang, since Yang suggests a technique for communicating a symbol including multiple sets of tones which are modulated, and Roy suggests the beneficial way of modulating such sets of tones using a training signal to improve communication efficiency (Roy, column 1, line 31-36, column 7, line 22-36) in the analogous art of communication. For claim 17. Yang and Roy disclose all the limitations of claim 16, however Yang doesn’t teach: wherein the training signal includes a plurality of values associated with a particular bandwidth associated with the transmission. Roy from the same or similar fields of endeavor teaches: wherein the training signal includes a plurality of values associated with a particular bandwidth associated with the transmission. (Roy, fig 2, column 5, line 66 to column 6, line 36, HELTF symbol is transmitted using first subset of tones and second subset of tones; column 6, line 42-62, first subset of tones is modulated with value +1; value +1 is a training signal since HELTF means High Efficiency Long Training Field as discussed in column 1, line 30-36; column 7, line 22-36, first subset of tones is divided into first sub-subset set 1a and second sub-subset set 1b, value +1 is modulated onto first sub-subset set 1a, value 0 is modulated onto second sub-subset set 1b; +1, 0 is a training signal since HELTF means High Efficiency Long Training Field as discussed in column 1, line 30-36; column 5, line 32-44, training signal is associated with bandwidth of 20 MHz) Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Roy into Yang, since Yang suggests a technique for communicating a symbol including multiple sets of tones which are modulated, and Roy suggests the beneficial way of modulating such sets of tones using a training signal which comprises multiple values associated with a particular bandwidth to improve communication efficiency (Roy, column 1, line 31-36, column 7, line 22-36) in the analogous art of communication. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHOA B HUYNH whose telephone number is (571)270-7185. The examiner can normally be reached Monday - Friday 1:00 PM - 9:35 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, Yemane Mesfin can be reached at (571) 272-3927. 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. /KHOA HUYNH/Primary Examiner, Art Unit 2462
Read full office action

Prosecution Timeline

Dec 11, 2023
Application Filed
Dec 29, 2025
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12641480
DATA TRANSMISSION PROCESSING METHOD AND APPARATUS, AND DEVICE
3y 3m to grant Granted May 26, 2026
Patent 12641469
TERRESTRIAL SYSTEM AND METHOD FOR MITIGATING INTERFERENCE THROUGH INTER-FREQUENCY OFFLOADING
2y 9m to grant Granted May 26, 2026
Patent 12628056
NEEDFORGAP CAPABILITY SIGNALING IN NEW RADIO
4y 0m to grant Granted May 12, 2026
Patent 12627965
REDUCED MESSAGING TO THE UDM DURING AN AMF HANDOVER
2y 9m to grant Granted May 12, 2026
Patent 12615581
QUALITY-OF-SERVICE MECHANISMS WITH OVERLAPPING BASIC SERVICE SET
2y 9m to grant Granted Apr 28, 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

1-2
Expected OA Rounds
80%
Grant Probability
90%
With Interview (+10.0%)
2y 11m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 684 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