Prosecution Insights
Last updated: April 19, 2026
Application No. 18/572,849

COMMUNICATIONS STATE MANAGEMENT DEVICE, COMMUNICATIONS DEVICE, COMMUNICATIONS SYSTEM, COMMUNICATIONS STATE MANAGEMENT METHOD, AND NON-TRANSITORY RECORDING MEDIUM

Non-Final OA §102
Filed
Dec 21, 2023
Examiner
SANTOS, FRANCESCA LIMA
Art Unit
2468
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allow Rate
5 granted / 5 resolved
+42.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
31 currently pending
Career history
36
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
50.5%
+10.5% vs TC avg
§102
37.1%
-2.9% vs TC avg
§112
9.3%
-30.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 5 resolved cases

Office Action

§102
DETAILED ACTION This action is responsive to claims filed on 21 December 2023. Claims 1-18 are pending examination. 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 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 1-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Duke et al. (US 20090185508 A1) (hereinafter Du). In regards to claim 1 and 18, Du teaches a communication state management apparatus comprising (Du, See fig. 3)/ A non-transitory recording medium having a program stored therein to execute (Du, See fig. 2): the program causing a computer to function as a communication state management apparatus, the program causing the computer to function as (Du, fig. 2, [0049]-[0061]: [0061] The different advantageous embodiments provide a computer implemented method, apparatus, and computer usable program code for managing links. In some of the advantageous embodiments, a link is added to a set of links until the set of links meets a set of performance parameters. These performance parameters may, for example, without limitation, provide a specification for desired information transmission. These parameters may include, for example, a number of redundant paths between the nodes and the network, a maximum hop count between the nodes in the network, a desired throughput between the nodes and the network, and any other suitable parameter relating to a transfer of information between nodes and the network.): including at least one processor, the at least one processor executing (Du, fig. 2, [0049]-[0061]: [0050] Processor unit 204 serves to execute instructions for software that may be loaded into memory 206. Processor unit 204 may be a set of one or more processors or may be a multi-processor core, depending on the particular implementation. Further, processor unit 204 may be implemented using one or more heterogeneous processor systems in which a main processor is present with secondary processors on a single chip. As another illustrative example, processor unit 204 may be a symmetric multi-processor system containing multiple processors of the same type.), a monitoring target link management process of managing the number of monitoring target links relating to one or more communication modules (Du, fig. 3, [0062]-[0086], [0086]-[0093]: [0064] Topology manager 302 contains processes to manage links within a wireless network environment, such as wireless network 100 in FIG. 1. Topology manager 302 is capable of identifying a set of links from a node to a set of nodes within a network using a set of performance parameters. Additionally, topology manager 302 also may use information about the links and information about the nodes to form a set of identified links. These identified links are links from one node to a set of nodes within a network. In these examples, the node is the node in which topology manager 302 executes. Topology manager 302 manages links based on information in parameters received from various components, such as network manager 304, situational awareness database 306, data link manager 308, router 310, and neighborhood discovery 312.); a connection management process of managing the current number of connected links made by the one or more communication modules (Du, fig. 3, [0062]-[0086], [0086]-[0093]: [0093] In the different illustrative examples, topology manager 302 in FIG. 3 may optimize the quantities and parameters, such as minimum total number of links, uniformity in time division multiple access slot utilization and minimum link range. The optimization of these quantities may be in the order as listed as an order of importance from the greatest importance to the least importance. By meeting the constraints and/or requirements in these matrixes, interference between nodes may be reduced as well as saving power and increasing flexibility to respond to new system demands. New system demands may be, for example, introduction of new nodes or the partitioning of the network.); and a state determining process of referring to the number of monitoring target links and the current number of connected links and determining a state of the one or more communication modules (Du, fig. 14 and 15, [0111]-[0120], [0121]-[0132], [0133]-[0137]: [0115] In either state, state machine 1400 performs a compliance check. A compliance check involves determining whether the current set of links within the wireless network environment forming the topology meet the parameters set forth in the different matrices received by the topology manager. In particular, the compliance check, in these examples, involves comparing a topology of the network against matrices containing connectivity, diameter, and traffic information.). In regards to claim 2, Du teaches a communication state management apparatus according to claim 1: wherein: the monitoring target link management process manages, as the number of monitoring target links, a maximum number of connected links having been made by the one or more communication modules up to a present time (Du, fig. 3, fig. 16, [0089]-[0093], [0111]-[0120], [0121]-[0132], [0133]-[0137], [0153]-[0156], [0162]-[0164]: [0093] In the different illustrative examples, topology manager 302 in FIG. 3 may optimize the quantities and parameters, such as minimum total number of links, uniformity in time division multiple access slot utilization and minimum link range. The optimization of these quantities may be in the order as listed as an order of importance from the greatest importance to the least importance. By meeting the constraints and/or requirements in these matrixes, interference between nodes may be reduced as well as saving power and increasing flexibility to respond to new system demands. New system demands may be, for example, introduction of new nodes or the partitioning of the network.). In regards to claim 3, Du teaches a communication state management apparatus according to claim 1: wherein: the state determining process determines the state of the one or more communication modules so that the state of the one or more communication modules corresponds to a difference between the number of monitoring target links and the current number of connected links (Du, fig. 3, fig. 16, [0089]-[0096], [0111]-[0120], [0121]-[0132], [0133]-[0137], [0153]-[0156], [0162]-[0164]: [0096] The self information query is for a location on a mobility information for the node in which topology manager 302 in FIG. 3 is located. The time query obtains the current time information from a global positioning system clock, in these examples. Available nodes query the location of mobility information a particular set of nodes. A set, as used in these examples, refers to one or more items. For example, a set of nodes is one or more nodes. A terrain query requests information for a particular region. Selection criteria 706 provides selection criteria for the different types of queries that may be made.). In regards to claim 4, Du teaches a communication state management apparatus according to claim 1: wherein: the at least one processor further executes a steady state determining process of consecutively obtaining the number of connected links managed by the connection management process and determining whether or not the number of connected links thus obtained is steady (Du, fig. 2, fig. 3, fig. 14, [0049]-[0061], [0062]-[0084], [0111]-[0120]: [0066] Topology manager 302 may return notifications 316 to network manager 304. These notifications may include, for example, an indication that the connectivity requirements between node x and node y are not achievable, and that the algorithm is continuing with a reduced requirement for that node pair. In different advantageous embodiments, network manager 304 also may send performance requirements to other multiple topology managers located in different nodes.); in a case where the steady state determining process determines that the number of connected links having been obtained is steady, the steady state determining process supplies the number of connected links to the monitoring target link management (Du, fig. 3, fig. 14, [0049]-[0061], [0062]-[0084], [0111]-[0120]: [0112] In these examples, state machine 1400 may begin and add state 1402. A determination is made as to whether the network is compliant. State machine 1400 remains in add state 1402 as long as the network is not compliant as new links are added. In other words, the topology manager adds links to the set of links until the set of links are unable to meet the performance parameters. When a network is compliant, state machine 1400 then shifts from add state 1402 to purge state 1404.); process (Du, fig. 14, [0049]-[0061], [0062]-[0084], [0111]-[0120]); and the monitoring target link management process refers to the number of connected links obtained in the steady state determining means process and updates the number of monitoring target links (Du, fig. 3, fig. 14, [0049]-[0061], [0062]-[0084], [0111]-[0120]: [0082] The difference is the following. When establishing links via a data link manager, the information about the neighbor node is already known. The link establishment process during the neighbor discovery process is based on guidance from topology manager for unknown new neighbors. The example guidance includes establish links if number of common neighbors is less than a threshold, or signal to noise ratio (SNR) value is greater than threshold, or each node has at least a threshold links to the network. Otherwise, the neighbor discovery module only updates the learned neighborhood set. The establishment during the neighbor discovery process is used for new node to join the network first and allow topology manager to adapt the link later.). In regards to claim 5, Du teaches a communication state management apparatus according to claim 4: wherein: in a case where the number of connected links managed by the connection management process increases, the steady state determining process determines that the increased number of connected links is steady (Du, fig. 3, fig. 15, [0062]-[0084], [0104]-[0107], [0111]-[0120], [0121]-[0132]: [0122] The process begins by determining whether the network is compliant (operation 1500). If the network is not compliant, the process proceeds to a purge state (operation 1502) and terminates. If the network is compliant, then additional nodes are to be added. The process sets M equal to the maximum value of K for the current node (operation 1504). In these examples, K represents the maximum K value that is present for the current node. This K value may be identified by identifying the greatest required number of redundant paths between this node and other nodes from the connectivity matrix K.). In regards to claim 6, Du teaches a communication state management apparatus according to claim 4: wherein: in a case where the number of connected links managed by the connection management process decreases and the decreased number of connected links has not changed for a given period of time, the steady state determining process determines that the decreased number of connected links is steady (Du, fig. 3, fig. 15, [0062]-[0084], [0104]-[0107], [0111]-[0120], [0121]-[0132]: [0122] The process begins by determining whether the network is compliant (operation 1500). If the network is not compliant, the process proceeds to a purge state (operation 1502) and terminates. If the network is compliant, then additional nodes are to be added. The process sets M equal to the maximum value of K for the current node (operation 1504). In these examples, K represents the maximum K value that is present for the current node. This K value may be identified by identifying the greatest required number of redundant paths between this node and other nodes from the connectivity matrix K.). In regards to claim 7, Du teaches a communication state management apparatus according to claim 4: wherein: the monitoring target link management process updates the number of monitoring target links so that the number of monitoring target links coincides with the number of connected links obtained from the steady state determining process (Du, fig. 4, fig. 15, [0062]-[0084], [0087]-[0093], [0104]-[0107], [0111]-[0120], [0121]-[0132]: [0087] With reference to FIG. 4, a diagram of a connectivity matrix K is depicted in accordance with an advantageous embodiment. Connectivity matrix K 400 is organized as a table with node identifiers 402 for the columns and node identifiers 404 for the rows. In these examples, node identifiers 402 and node identifiers 404 contain an identification of all known nodes within the network. Entries 406 identify a minimum number of redundant paths that is desired between pairs of nodes in the network. Each pair of nodes may have a different number of redundant paths that are desired.). In regards to claim 8 and 14, Du teaches a communication state management apparatus comprising (Du, See fig. 3)/ the communication system (Du, See fig. 3) wherein: in each of the plurality of communication apparatuses, the number of the one or more communication modules is two or more (Du, Fig. 2 and 3, [0049]-[0061], [0062]-[0084]: [0052] Communications unit 210, in these examples, provides for communications with other data processing systems or devices. In these examples, communications unit 210 is a network interface card. Communications unit 210 may provide communications through the use of either or both physical and wireless communications links); and the state determining process determines the state of the two or more communication modules with the two or more communication modules being regarded as a unit (Du, Fig. 2 and 3, [0049]-[0061], [0062]-[0084]: [0064] Topology manager 302 contains processes to manage links within a wireless network environment, such as wireless network 100 in FIG. 1. Topology manager 302 is capable of identifying a set of links from a node to a set of nodes within a network using a set of performance parameters. Additionally, topology manager 302 also may use information about the links and information about the nodes to form a set of identified links. These identified links are links from one node to a set of nodes within a network. In these examples, the node is the node in which topology manager 302 executes. Topology manager 302 manages links based on information in parameters received from various components, such as network manager 304, situational awareness database 306, data link manager 308, router 310, and neighborhood discovery 312.). In regards to claim 9, Du teaches a communication state management apparatus according to claim 1: wherein: the at least one processor further executes a display process of carrying out display according to a result of the determination made by the state determining process (Du, Fig. 2 and 3, [0049]-[0061], [0062]-[0084]: [0053] Input/output unit 212 allows for input and output of data with other devices that may be connected to data processing system 200. For example, input/output unit 212 may provide a connection for user input through a keyboard and mouse. Further, input/output unit 212 may send output to a printer. Display 214 provides a mechanism to display information to a user.). In regards to claim 10 and 15, Du teaches a communication state management apparatus comprising (Du, See fig. 3)/ the communication system (Du, See fig. 3) wherein: the one or more communication modules include a wireless module (Du, Fig. 2 and 3, [0049]-[0061], [0062]-[0084], [0111]-[0121]: [0115] In either state, state machine 1400 performs a compliance check. A compliance check involves determining whether the current set of links within the wireless network environment forming the topology meet the parameters set forth in the different matrices received by the topology manager. In particular, the compliance check, in these examples, involves comparing a topology of the network against matrices containing connectivity, diameter, and traffic information.). In regards to claim 11 and 16, blank teaches a communication state management apparatus comprising (Du, See fig. 3)/ the communication system (Du, See fig. 3) wherein: the number of the one or more communication modules is two or more (Du, Fig. 2 and 3, [0049]-[0061], [0062]-[0084]: [0052] Communications unit 210, in these examples, provides for communications with other data processing systems or devices. In these examples, communications unit 210 is a network interface card. Communications unit 210 may provide communications through the use of either or both physical and wireless communications links); and the two or more communication modules include communication modules that are in compliance with respective different communication standards (Du, fig. 14, [0111]-[0120]: [0115] In either state, state machine 1400 performs a compliance check. A compliance check involves determining whether the current set of links within the wireless network environment forming the topology meet the parameters set forth in the different matrices received by the topology manager. In particular, the compliance check, in these examples, involves comparing a topology of the network against matrices containing connectivity, diameter, and traffic information.). In regards to claim 12, Du teaches a communication apparatus comprising: a communication state management apparatus recited in claim 1 (Du, fig. 3, [0062]-[0086], [0086]-[0093]); and the one or more communication modules (Du, fig. 1, fig. 14, [0042]-[0048], [0111]-[0120], [0160]-[0166]: [0166] The flowcharts and block diagrams in the different depicted embodiments illustrate the architecture, functionality, and operation of some possible implementations of apparatus, methods and computer program products. In this regard, each block in the flowchart or block diagrams may represent a module, segment, or portion of computer usable or readable program code, which comprises one or more executable instructions for implementing the specified function or functions.). In regards to claim 13, Du teaches a communication system comprising: a plurality of communication apparatuses, each of the plurality of communication apparatuses including one or more communication modules (Du, Fig. 2 and 3, [0049]-[0061], [0062]-[0084]: [0052] Communications unit 210, in these examples, provides for communications with other data processing systems or devices. In these examples, communications unit 210 is a network interface card. Communications unit 210 may provide communications through the use of either or both physical and wireless communications links), and at least one processor, the at least one processor executing (Du, fig. 2, [0049]-[0061]: See above for paragraph [0050].): a monitoring target link management process of managing the number of monitoring target links relating to the one or more communication modules (Du, fig. 3, [0062]-[0086], [0086]-[0093]: See above for paragraph [0064.); a connection management process of managing the current number of connected links made by the one or more communication modules (Du, fig. 3, [0062]-[0086], [0086]-[0093]: See above for paragraph [0093].); and a state determining process of referring to the number of monitoring target links and the current number of connected links and determining a state of the one or more communication modules (Du, fig. 14 and 15, [0111]-[0120], [0121]-[0132], [0133]-[0137]: See above for paragraph [0115].). In regards to claim 17, blank teaches a communication state management method comprising: (a) obtaining the number of monitoring target links relating to one or more communication modules (Du, fig. 3, fig. 15 and 16, [0062]-[0084], [0121]-[0132], [0133]-[0137]: [0077] Topology manager 302 may obtain information about the wireless network environment by sending routing query 324 to router 310. In response to receiving routing query 324, router 310 may generate or retrieve a current routing table from link state database 326. Router 310 may then return link state table 328 for use by topology manager 302. This information is used by topology manager 302 in managing links, in these examples.); (b) obtaining the current number of connected links made by the one or more communication modules (Du, fig. 3, fig. 15 and 16, [0062]-[0084], [0121]-[0132], [0133]-[0137]: [0092] Topology manager 302 in FIG. 3 uses connectivity matrix K 400, diameter matrix D 500, and traffic matrix T 600 to create and/or manage a set of network links to nodes within a wireless network environment or other type of ad hoc environment to meet the constraints or parameters specified in these matrices. In these examples, the links are from a node in which topology manager 302 in FIG. 3 executes to other nodes within the wireless network environment. This process also take into account a constraint in which nodes may not link with each other if they are out of communications range or do not have an unblocked line of sight.); and (c) referring to the number of monitoring target links and the current number of connected links and determining a state of the one or more communication modules, (a) to (c) being carried out by a communication state management apparatus modules (Du, fig. 14 and 15, [0111]-[0120], [0121]-[0132], [0133]-[0137]: See above for paragraph [0115.). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Livingston et al. (US 11490440 B1), the abstract discusses A mesh network of interconnected wireless nodes in which each node independently manages a wireless connection to one or more other wireless nodes for transporting data, and stochastically refreshes and maintains internode connections in the wireless mesh network. A network overlay orchestrator in each node periodically validates the connections to other nodes in the mesh network based on a current topology of connected nodes to ensure the efficiency of current connections. Connection logic replaces, if a connection validation fails, the failed connection with a newly established connection from a set of available neighbor nodes, and replaces, if none of the current connections fail validation, a stochastically selected connection with a newly established connection from the set of available neighbor nodes for promoting perturbation in the current internode connections. (See fig. 1 and fig. 3) Any inquiry concerning this communication or earlier communications from the examiner should be directed to Francesca Lima Santos whose telephone number is (571)272-6521. The examiner can normally be reached Monday thru Friday 7:30am-5pm, ET. 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, Marcus R Smith can be reached at (571) 270-1096. 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. /FRANCESCA LIMA SANTOS/ Examiner, Art Unit 2468 /MARCUS SMITH/Supervisory Patent Examiner, Art Unit 2468
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Prosecution Timeline

Dec 21, 2023
Application Filed
Jan 20, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12597966
COMMUNICATION DEVICE AND COMMUNICATION METHOD
2y 5m to grant Granted Apr 07, 2026
Study what changed to get past this examiner. Based on 1 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 5 resolved cases by this examiner. Grant probability derived from career allow rate.

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