Prosecution Insights
Last updated: April 19, 2026
Application No. 18/542,274

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §102§103
Filed
Dec 15, 2023
Examiner
WONG, XAVIER S
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Nokia Technologies Oy
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
98%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
878 granted / 999 resolved
+29.9% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
26 currently pending
Career history
1025
Total Applications
across all art units

Statute-Specific Performance

§101
6.7%
-33.3% vs TC avg
§103
48.1%
+8.1% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 999 resolved cases

Office Action

§102 §103
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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN 2021106755679, filed on 17th June 2021. ---------- ---------- ---------- Information Disclosure Statement The information disclosure statement (IDS) submitted on 9th January 2025 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, 2, 3, 12, 13, 14 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chu et al (US 2021/0289386 A1). Claim 20 (similarly Claim 1). Chu shows a communication apparatus (fig. 1: AP 14), comprising: at least one processor ([0098]: processor); and at least one non-transitory computer readable memory connected to the at least one processor and including computer program code ([0098]: the processor may be connected to memory and storage, where the software instructions are stored in the storage), wherein the at least one non-transitory computer readable memory and the computer program code are configured ([0099]: any combination of specific software running on a processor… constitute a specific dedicated machine), with the at least one processor, to cause the communications apparatus to perform at least: sending a management frame (fig. 2 and [0097]: when the first device is an AP, the first device will also announce BSS capabilities), wherein the management frame comprises a first bitmap ([0045]: an AP announces/describes its BSS static channel puncture using a per 20 MHz channel bitmap wherein each 20 MHz channel of the operating bandwidth has a bit indicating if puncture is allowed), and wherein a first puncturing pattern indicated by the first bitmap is a puncturing pattern unsupported by non-orthogonal frequency division multiple access (non-OFDMA) transmission ([0035]: the APs are configured to simultaneously transmit different orthogonal frequency division multiplexing (OFDM) units to different client stations by forming an OFDM access (OFDMA) data unit that includes the different OFDM data units modulated in respective sub-channel blocks of the OFDMA data unit; [0046]: an AP to select its BSS static operating channel puncture that go beyond the non-OFDMA puncture patterns (i.e. EHT SU/MU PPDU being addressed to a single STA/AP)… any 20 MHz channels covered by BSS operating channel may be punctured… using a per 20 MHz channel bitmap to describe the BSS operating channel puncture); and sending, based on a second puncturing pattern corresponding to the first bitmap, a physical layer protocol data unit (PPDU) ([0097]: the second device will receive these capabilities and send PPDUs to the first device based upon these capabilities), wherein the second puncturing pattern is a puncturing pattern supported by the non-OFDMA transmission ([0047]: a first EHT BSS channel puncture coding option includes using joint coding (compressed coding), i.e. each allowed non-OFDMA puncture pattern is identified by one value, to describe the BSS operating channel puncture and a second EHT BSS channel puncture coding option includes using a per 20 MHz channel bitmap to describe the BSS operating channel puncture). Claim 2. Chu shows the method according to claim 1, wherein the management frame further comprises a first bandwidth field ([0046]: any 20 MHz channels covered by BSS operating channel may be punctured… using a per 20 MHz channel bitmap to describe the BSS operating channel puncture that is each 20 MHz channel of the operating bandwidth has a bit indicating if puncture is allowed), wherein the first bandwidth field indicates a first basic service set (BSS) bandwidth (see above), and wherein the first bitmap is a bitmap corresponding to the first BSS bandwidth (see above). Claim 3. Chu shows the method according to claim 1, wherein the first puncturing pattern is a puncturing pattern supported by orthogonal frequency division multiple access (OFDMA) transmission ([0035]: the APs are configured to simultaneously transmit different orthogonal frequency division multiplexing (OFDM) units to different client stations by forming an OFDM access (OFDMA) data unit that includes the different OFDM data units modulated in respective sub-channel blocks of the OFDMA data unit). ---------- ---------- ---------- Claim 12. Chu shows a communication method (abstract), comprising: receiving, by a second device (fig. 1A: client/STA 25), a management frame (fig. 2 and [0097]: when the first device is an AP (and the second device is a STA), the first device will also announce BSS capabilities and the second device will receive these capabilities), wherein the management frame comprises a first bitmap ([0045]: an AP announces/describes its BSS static channel puncture using a per 20 MHz channel bitmap wherein each 20 MHz channel of the operating bandwidth has a bit indicating if puncture is allowed), and wherein a first puncturing pattern indicated by the first bitmap is a puncturing pattern unsupported by non-orthogonal frequency division multiple access (non-OFDMA) transmission ([0035]: the APs are configured to simultaneously transmit different orthogonal frequency division multiplexing (OFDM) units to different client stations by forming an OFDM access (OFDMA) data unit that includes the different OFDM data units modulated in respective sub-channel blocks of the OFDMA data unit; [0046]: an AP to select its BSS static operating channel puncture that go beyond the non-OFDMA puncture patterns (i.e. EHT SU/MU PPDU being addressed to a single STA/AP)… any 20 MHz channels covered by BSS operating channel may be punctured… using a per 20 MHz channel bitmap to describe the BSS operating channel puncture); and receiving, by the second device, a physical layer protocol data unit (PPDU) ([0097]: the second device (AP) will receive these capabilities and send PPDUs to the first device (client/STA) based upon these capabilities), wherein transmission of the PPDU is performed using a second puncturing pattern corresponding to the first bitmap ([0047]: a first EHT BSS channel puncture coding option includes using joint coding (compressed coding), i.e. each allowed non-OFDMA puncture pattern is identified by one value, to describe the BSS operating channel puncture and a second EHT BSS channel puncture coding option includes using a per 20 MHz channel bitmap to describe the BSS operating channel puncture), and wherein the second puncturing pattern is a puncturing pattern supported by the non-OFDMA transmission ([0047]: a first EHT BSS channel puncture coding option includes using joint coding (compressed coding), i.e. each allowed non-OFDMA puncture pattern is identified by one value, to describe the BSS operating channel puncture and a second EHT BSS channel puncture coding option includes using a per 20 MHz channel bitmap to describe the BSS operating channel puncture). Claim 13. Chu shows the method according to claim 12, wherein the management frame further comprises a first bandwidth field ([0046]: any 20 MHz channels covered by BSS operating channel may be punctured… using a per 20 MHz channel bitmap to describe the BSS operating channel puncture that is each 20 MHz channel of the operating bandwidth has a bit indicating if puncture is allowed), wherein the first bandwidth field indicates a first basic service set (BSS) bandwidth (see above), and wherein the first bitmap is a bitmap corresponding to the first BSS bandwidth (see above). Claim 14. Chu shows the method according to claim 12, wherein the first puncturing pattern is a puncturing pattern supported by orthogonal frequency division multiple access (OFDMA) transmission ([0035]: the APs are configured to simultaneously transmit different orthogonal frequency division multiplexing (OFDM) units to different client stations by forming an OFDM access (OFDMA) data unit that includes the different OFDM data units modulated in respective sub-channel blocks of the OFDMA data unit). ---------- ---------- ---------- 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, 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Chu et al in view of Sun et al (US 2022/0376824 A1). Claim 4. Chu shows the method according to claim 1; Chu does not expressly describe wherein non-punctured sub-channels in the first puncturing pattern and the second puncturing pattern comprise a primary 20 MHz channel. Sun teaches features of: non-punctured sub-channels in a first puncturing pattern ([0144]: a second puncturing pattern that includes one or more non-punctured subchannels that are subsets of one or more corresponding non-punctured subchannels of the first puncturing pattern) and a second puncturing pattern comprise a primary 20 MHz channel ([0144]: the second puncturing pattern may also include a non-punctured 20 MHz subchannel corresponding to the primary channel of the AP). 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 puncturing patterns as taught by Sun in the first and second puncturing patterns in Chu to maximize throughput by utilizing more available spectrum. ---------- ---------- ---------- Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chu et al in view of Chen et al (US 2022/0393790 A1). Claim 5 (similarly claim 15). Chu shows the method according to claim 1; Chu does not expressly describe wherein the second puncturing pattern comprises a puncturing pattern corresponding to a resource unit index that is one of the tones RU/MRU (elaborate) listed (pg. 13 table 2 and pg. 15 table 3).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 tones RU/MRU as taught in Chen as part of the (second) puncturing pattern(s) of Chu to improve spectral efficiency, reduce latency, and increase throughput in high-density scenarios. ---------- ---------- ---------- Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chu et al in view of Noh et al (US 2022/0345243 A1). Claim 11. Chu shows the method according to claim 1; Chu does not expressly describe wherein the PPDU comprises at least one of an extremely high throughput multiple-user physical layer protocol data unit (EHT MU PPDU) and a non-high throughput duplicate physical layer protocol data unit (non-HT duplicate PPDU).Noh teaches features of: an extremely high throughput multiple-user physical layer protocol data unit (EHT MU PPDU) ([0065]: the puncturing patterns are defined in the Punctured Channel Information field in EHT MU PPDU) and a non-high throughput duplicate physical layer protocol data unit (non-HT duplicate PPDU) ([0066]: this preamble puncturing has been applicable to non-HT duplicate transmission wherein non-HT PPDU is duplicated every 20 MHz subchannels except for the 20 MHz subchannels to be punctured).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the PPDU format(s) as taught by Noh in the PPDU of Chu to improve system throughput in dense environments and support maximum data throughput. ========== ========== ========== Allowable Subject Matter Claims 6, 7, 8, 9, 10, 16, 17, 18 and 19 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. ---------- ---------- ---------- Conclusion The prior art made of record is considered pertinent to applicant’s disclosure. 1. Deng et al, “IEEE 802.11be Wi-Fi 7: New Challenges and Opportunities” 2. Lu et al, US 2022/0201665 A1: schemes pertaining to bandwidth indication with preamble puncturing in wireless communications. 3. Hu et al, US 2021/0281384 A1: a method pertaining to enhanced resource unit (RU) allocation subfield design for extreme high-throughput (EHT) systems involves determining one or more RUs based on an RU allocation table. 4. Hu et al, US 2019/0182842 A1: methods that facilitate efficient and effective communication interference mitigation comprising configuring a payload portion of information in a normal transmission sub-channel; puncturing information in a punctured sub-channel; adjusting a mitigation sub-channel use to mitigate interference associated with the punctured sub-channel; and transmitting the information in the normal transmission sub-channel, the punctured sub-channel, and the mitigation sub-channel. 5. Cizdziel et al, US 10,541,778 B1: an access point in a wireless network communicates wirelessly with one or more client devices over a channel that includes a plurality of subchannels. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Xavier Szewai Wong whose telephone number is 571.270.1780. The examiner can normally be reached on 11:30 am - 8:30 pm Mon to Fri. 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, Jeffrey Rutkowski can be reached on 571.270.1215. 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. /XAVIER S WONG/Primary Examiner, Art Unit 2415 4th March 2026
Read full office action

Prosecution Timeline

Dec 15, 2023
Application Filed
Jan 18, 2024
Response after Non-Final Action
Mar 05, 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
88%
Grant Probability
98%
With Interview (+10.2%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 999 resolved cases by this examiner. Grant probability derived from career allow rate.

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