Prosecution Insights
Last updated: May 29, 2026
Application No. 18/583,475

PREEMPTION TO SUPPORT LOW-LATENCY (LL) DATA

Non-Final OA §103
Filed
Feb 21, 2024
Priority
Feb 22, 2023 — provisional 63/486,435 +1 more
Examiner
HSU, BAILOR CHIA-JONG
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Newracom Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
286 granted / 320 resolved
+31.4% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
15 currently pending
Career history
341
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
79.5%
+39.5% vs TC avg
§102
2.2%
-37.8% vs TC avg
§112
15.3%
-24.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 320 resolved cases

Office Action

§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 . Election/Restrictions Claims 15 and 38-44 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/23/2026. Status of Claims The examiner has taken notice that claims 2-5, 9-14, and 16-29 have been canceled. Claims 1, 6-8, 15, and 30-44 are pending in the current application. Claims 15 and 38-44 are withdrawn from consideration as being directed to a nonelected invention. Information Disclosure Statement The information disclosure statements (IDS) submitted on 02/21/2024, 03/06/2024, 06/18/2024, 08/06/2024, 02/12/2026, and 04/13/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. Claim Rejections - 35 USC § 103 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 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. Claims 1, 6-8, and 30-37 are rejected under 35 U.S.C. 103 as being unpatentable over Fang et al. (US 2023/0300883 A1, provisional application no. 63/429,943), hereinafter referred to as Fang, in view of Fang et al. (US 2023/0208774 A1, provisional application no. 63/437,035), hereinafter referred to as Fang (2). Regarding claim 1, Fang teaches a method performed by a first wireless device in a wireless network, the method comprising: wirelessly receiving a data frame from a second wireless device in the wireless network (Fang – Fig. 3A, Fig. 3B; Paragraph [0047], provisional paragraph [0045], note long downlink Transmit Opportunity (DL TXOP) transmission, where a downlink time-critical (DL TC) packet is intended for delivery to another different Station (STA); Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, AP, ULL STA); and responsive to determining that the first wireless device has low latency data to transmit, wirelessly transmitting an acknowledgement (ACK) frame that acknowledges the data frame to the second wireless device (Fang – Fig. 4A; Paragraph [0048], provisional paragraph [0048], note there may be a BA (block acknowledgment) following each PSDU; Paragraph [0057], provisional paragraph [0053], note the AP sends a time-critical packet status report request frame (a trigger frame) to all or a group of ULL STAs, the AP then triggers the ULL STA to send the TC packet over the assigned RU and receive a Block Acknowledgement (BA)). Fang does not teach wherein the ACK frame includes an indication that the first wireless device has low latency data to transmit so the second wireless device may consider holding its transmission. In an analogous art, Fang(2) teaches wherein the ACK frame includes an indication that the first wireless device has low latency data to transmit so the second wireless device may consider holding its transmission (Fang(2) – Fig. 4A, Fig. 4B; Paragraph [0066], provisional paragraph [0086], note the BA (block acknowledgment) for the previous UL PPDU and trigger frame for the next UL PPDU can be integrated in a single frame; Paragraph [0070], provisional paragraph [0090], note upon reception of the BA+TF frame, if the LL (low latency) transmitters know the end of the following UL PPDU frame and has LL packet to be sent, they can send SR (suspend request) frame, it can be as short as one STF (short training field); Paragraph [0071], provisional paragraph [0092], note upon the detection of the STF, the AP will suspend the following BA+TF transmission and continue to decode the SR from the LL STAs, the TF frame (of the aggregated BA+TF frame) may set the preemption bit = 0 to avoid the interruption of the following LL transmission). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Fang(2) into Fang in order to use the aggregated block acknowledgment + trigger frame to indicate low latency data for suspending transmission of non-low latency data, reducing signaling overhead (Fang(2) – Paragraph [0066], provisional paragraph [0086]). Regarding claim 6, Fang does not teach wherein the indication that the first wireless device has low latency data to transmit is included in a field of a preamble of the ACK frame. In an analogous art, Fang(2) teaches wherein the indication that the first wireless device has low latency data to transmit is included in a field of a preamble of the ACK frame (Fang(2) – Paragraph [0070], provisional paragraph [0090], note upon reception of the BA+TF frame, if the LL (low latency) transmitters know the end of the following UL PPDU frame and has LL packet to be sent, they can send SR (suspend request) frame, it can be as short as one STF (short training field); Paragraph [0071], provisional paragraph [0092], note upon the detection of the STF, the AP will suspend the following BA+TF transmission and continue to decode the SR from the LL STAs). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Fang(2) into Fang for the same reason as claim 1 above. Regarding claim 7, the combination of Fang and Fang(2), specifically Fang teaches wherein the field of the preamble is a universal signal (U-SIG) field (Fang – Fig. 2B, Fig. 2C; Paragraph [0044], provisional paragraph [0043], note the User Signal (U-SIG) will indicate whether an A-PSDU format is utilized and which format (with or without a fixed time duration between two continuous PSDUs) is to be used). Regarding claim 8, the combination of Fang and Fang(2), specifically Fang teaches wherein the field of the preamble is an ultra high reliability signal (UHR-SIG) field (Fang – Fig. 2B, Fig. 2C; Paragraph [0044], provisional paragraph [0043], note the UHR-SIG may indicate that data rate, length of the following PSDU, whether it is the last PSDU, whether the following PSDU is for a different RA, AID of the receiver, number of UHR-LTF, the GI+LTF size, whether beamforming is used in following PSDU). Regarding claim 30, Fang does not teach the method further comprising: wirelessly transmitting a low latency data frame to a third wireless device following transmission of the ACK frame, wherein the third wireless device is the same as the second wireless device or is another wireless device that is different from the second wireless device. In an analogous art, Fang(2) teaches the method further comprising: wirelessly transmitting a low latency data frame to a third wireless device following transmission of the ACK frame, wherein the third wireless device is the same as the second wireless device or is another wireless device that is different from the second wireless device (Fang(2) – Fig. 4B; Paragraph [0071], provisional paragraph [0092], note the AP can assign RUs for the LL STAs to send UL LL packet, which will be indicated in the next aggregated BA+ TF frame, the TF frame may set the preemption bit = 0 to avoid the interruption of the following LL transmission). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Fang(2) into Fang for the same reason as claim 1 above. Regarding claim 31, the combination of Fang and Fang(2), specifically Fang teaches wherein the first wireless device functions as an access point (AP) in the wireless network (Fang – Fig. 1, Fig. 3A, Fig. 3B; Paragraph [0030], provisional paragraph [0029], note AP(s) 102; Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, AP; Paragraph [0049], provisional paragraph [0048], note an access point (AP) is communicating with various stations (STAs), the AP schedules DL transmissions). Regarding claim 32, the combination of Fang and Fang(2), specifically Fang teaches wherein the first wireless device functions as a non-access point (AP) station (STA) in the wireless network (Fang – Fig. 1, Fig. 3A, Fig. 3B; Paragraph [0030], provisional paragraph [0029], note any addressable unit may be a station (STA), a single addressable unit might simultaneously be a portable STA, a quality-of-service (QoS) STA, a dependent STA, and a hidden STA; Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, ULL STA). Regarding claim 33, the combination of Fang and Fang(2), specifically Fang teaches wherein the second wireless device is a transmission opportunity (TXOP) holder and the first wireless device is a TXOP responder (Fang – Fig. 3A, Fig. 3B; Paragraph [0047], provisional paragraph [0045], note long downlink Transmit Opportunity (DL TXOP) transmission, where a downlink time-critical (DL TC) packet is intended for delivery to another different Station (STA); Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, AP, ULL STA). Regarding claim 34, the combination of Fang and Fang(2), specifically Fang teaches wherein the first wireless device functions as an access point (AP) in the wireless network (Fang – Fig. 1, Fig. 3A, Fig. 3B; Paragraph [0030], provisional paragraph [0029], note AP(s) 102; Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, AP; Paragraph [0049], provisional paragraph [0048], note an access point (AP) is communicating with various stations (STAs), the AP schedules DL transmissions). Regarding claim 35, the combination of Fang and Fang(2), specifically Fang teaches wherein the first wireless device functions as a non-access point (AP) station (STA) in the wireless network (Fang – Fig. 1, Fig. 3A, Fig. 3B; Paragraph [0030], provisional paragraph [0029], note any addressable unit may be a station (STA), a single addressable unit might simultaneously be a portable STA, a quality-of-service (QoS) STA, a dependent STA, and a hidden STA; Paragraph [0048], provisional paragraph [0048], note long TXOP DL transmission is divided into multiple PSDU/PPDU transmissions, ULL STA). Regarding claim 36, the combination of Fang and Fang(2), specifically Fang teaches wherein the ACK frame is a block ACK frame (Fang – Fig. 3A, Fig. 3B, Fig. 4A; Paragraph [0048], provisional paragraph [0048], note there may be a BA (block acknowledgment) following each PSDU; Paragraph [0057], provisional paragraph [0053], note the AP sends a time-critical packet status report request frame (a trigger frame) to all or a group of ULL STAs, the AP then triggers the ULL STA to send the TC packet over the assigned RU and receive a Block Acknowledgement (BA)). Regarding claim 37, Fang does not teach wherein the indication that the first wireless device has low latency data to transmit is included in a media access control (MAC) field of the block ACK frame. In an analogous art, Fang(2) teaches wherein the indication that the first wireless device has low latency data to transmit is included in a media access control (MAC) field of the block ACK frame (Fang(2) – Paragraph [0077], provisional paragraph [0108], note using one bit in the MAC header to indicate whether preemption is allowed or not SIFS + duration (e.g. UL TB data/BA PPDU length in common info field) + Tp after the end of the current PPDU). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Fang(2) into Fang for the same reason as claim 1 above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cavalcanti et al. (US 2019/0007941 A1) discloses block acknowledgment transmission and preemption of TSN frames. Dimou et al. (US 2023/0113343 A1) discloses HARQ-ACK and UE deferring feedback messaging in ultra-reliable low-latency communication. Cao et al. (US 2023/0362996 A1) discloses low latency decode-and-forward relaying, end-to-end block acknowledgment, and UHR-SIG. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAILOR C HSU whose telephone number is (571)272-1729. The examiner can normally be reached Mon-Fri. 9:00 am - 5:00 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, Huy Vu can be reached at (571)-272-3155. 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. /BAILOR C HSU/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Feb 21, 2024
Application Filed
Nov 06, 2025
Response after Non-Final Action
Apr 24, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
94%
With Interview (+4.5%)
2y 7m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 320 resolved cases by this examiner. Grant probability derived from career allowance rate.

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