Prosecution Insights
Last updated: April 19, 2026
Application No. 18/593,640

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103
Filed
Mar 01, 2024
Examiner
LEMA LEMOS, LUIS GUILLERMO
Art Unit
2419
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-58.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
36 currently pending
Career history
36
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
68.4%
+28.4% vs TC avg
§102
17.4%
-22.6% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§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 . This Office Action is in response to communication filed on 12/15/2025. Claims 1-20 are pending and rejected. Claim Rejections - 35 USC § 103 3. 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. 4. 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. 5. 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. 6. 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. Claims 1-5, 13, 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 20190274090 A1) (hereinafter “Zhang”) in view of Takeda et al (US 20200305123) (hereinafter “Takeda”) and further in view of Tian et al. (US 20220337998 A1) (herein after “Tian”). Regarding claim 1, Zhang discloses a communication method (see para. [0002] discloses method for transferring communication between base station and a terminal), the method comprising: sending a first message on at least one broadcast channel (see Fig. 3, claim 1 discloses first content message, para. [0113];[0016] discloses terminal receives PBCH information) , wherein the first message indicates a first resource on a first channel (see para. [0129]-[0136] discloses first control information on the PBCH) , the at least one broadcast frequency hopping channel being different from the first channel (see Fig. 3 -306 discloses another time-frequency resource received by the terminal, the second specific content sent by the base station); sending a second message on the first resource, wherein the second message indicates a second resource (see para. [0136] discloses terminal receives second specific content indicated in the first control information), and the second resource comprises at least one third resource (see para. [0165] discloses determine according with the second specific content, a third specific content, received from another time-frequency resource); and detecting a request message on the at least one third resource (see para. [0165] discloses determine according with the second specific content, a third specific content, received from another time-frequency resource). Zhang fails to disclose at least one broadcast channel is frequency hopping. However, Takeda teaches at least one broadcast frequency hopping channel (see Fig. 3 (PBCH), para. [0016];[0069] discloses frequency hopping applied to PBCH, Fig. 3 shows example of PBCH with frequency hopping applied). Zhang fails to disclose wherein the request message comprises at least one of a discovery request message or an access request message. However, Tian teaches wherein the request message comprises at least one of a discovery request message or an access request message (see [0106], [0120], discloses BS may broadcast RACH configuration in SIB; UE may transmit a RACH message which may be referred as access request message to the base station via physical channel). Zhang, Takeda and Tian are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Zhang to include the broadcast frequency hopping channel and the request message as described by Takeda and Tian. The motivation to combine references would come from facilitating the adjustment of operational parameters. Regarding claim 2, Zhang discloses a method wherein the second message comprises information that indicates a quantity of third resources comprised in the second resource (see para. [0165] discloses determine according with the second specific content, a third specific content, received from another time-frequency resource). Regarding claim 3, Zhang discloses a method, wherein the second resource further comprises at least one fourth resource, wherein the at least one fourth resource is used to carry at least one response message (see Fig. 3, para. [0183]-[0184] discloses the terminal listens on PDCCH and receives a message delivered by PDSCH) , and the at least one response message corresponds to the detected request message (see Fig. 3, para. [0183]-[0184] discloses the terminal listens on PDCCH and receives a message delivered by PDSCH). Regarding claim 4, Zhang fails to disclose a method, wherein the second resource is a transmission opportunity group, the transmission opportunity group comprises at least one transmission opportunity, and each transmission opportunity comprises a third resource. However, Tian teaches a method, wherein the second resource is a transmission opportunity group, the transmission opportunity group comprises at least one transmission opportunity, and each transmission opportunity comprises a third resource. (see page 3, lines 40-54, discloses transmission opportunity group corresponding to the first indication information carried on a PDCCH order) Zhang and Tian are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang and Tian to create a method, wherein the second resource is a transmission opportunity group, the transmission opportunity group comprises at least one transmission opportunity, and each transmission opportunity comprises a third resource. The motivation to combine both references would come from facilitating the adjustment of operational parameters. Regarding claim 5, Zhang discloses a method wherein the second message further indicates a start moment of the at least one third resource (see para. [0158]-[0159] discloses second specific content includes PDCCH configuration information, about ePDCCH location) or a start moment of at least one transmission opportunity of the at least one third resource(see para. [0158]-[0159] discloses second specific content includes PDCCH configuration information, about ePDCCH location). Regarding claim 13, Zhang discloses a method, wherein the second message further indicates the at least one fourth resource (see Fig. 3, para. [0183]-[0184] discloses the terminal listens on PDCCH and receives a message delivered by PDSCH). Regarding claim 15, Zhang discloses a communication method, the method comprising: receiving a first message from a first node on a broadcast channel (see Fig. 3, claim 1 discloses first content message, para. [0113];[0016] discloses ]terminal receives PBCH information; method includes performing frequency hopping among multiple arrowbands or entire band), wherein the first message indicates a first resource on a first channel (see para. [0129]-[0136] discloses first control information on the PBCH), the broadcast frequency hopping channel being different from the first frequency hopping channel (see Fig. 3 -306 discloses another time-frequency resource received by the terminal, the second specific content sent by the base station); receiving a second message from the first node on the first resource, wherein the second message indicates a second resource (see para. [0136] discloses terminal receives second specific content indicated in the first control information), and the second resource comprises at least one third resource see para. [0165] discloses determine according with the second specific content, a third specific content, received from another time-frequency resource); and sending a first request message on one of the at least one third resource (see para. [0165] discloses determine according with the second specific content, a third specific content, received from another time-frequency resource), Zhang fails to disclose a broadcast frequency hopping channel. However, Takeda discloses a broadcast frequency hopping channel (see Fig. 3 (PBCH), para. [0016];[0069] discloses frequency hopping applied to PBCH, Fig. 3 shows example of PBCH with frequency hopping applied). Zhang fails to disclose wherein the first request message comprises at least one of a discovery request message or an access request message. However, Tian teaches wherein the first request message comprises at least one of a discovery request message or an access request message (see [0106], [0120], discloses BS may broadcast RACH configuration in SIB; UE may transmit a RACH message which may be referred as access request message to the base station via physical channel). Zhang, Takeda and Tian are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Zhang to include the broadcast frequency hopping channel and the request message as described by Takeda and Tian. The motivation to combine references would come from facilitating the adjustment of operational parameters. Regarding claim 16, Zhang discloses a method, wherein the second message comprises information that indicates a quantity of third resources comprised in the second resource (see para. [0165] discloses determine according with the second specific content, a third specific content, received from another time-frequency resource). Regarding claim 17, Zhang discloses a method wherein the second resource further comprises at least one fourth resource, wherein the at least one fourth resource is used to carry at least one response message (see Fig. 3, para. [0183]-[0184] discloses the terminal listens on PDCCH and receives a message delivered by PDSCH), and the at least one response message corresponds to the first request message (see Fig. 3, para. [0183]-[0184] discloses the terminal listens on PDCCH and receives a message delivered by PDSCH). Regarding claim 18, Zhang discloses a method. Zhang fails to disclose a method, wherein the second resource is a transmission opportunity group, the transmission opportunity group comprises at least one transmission opportunity, and each transmission opportunity comprises a third resource. However, Tian teaches a method wherein the second resource is a transmission opportunity group, the transmission opportunity group comprises at least one transmission opportunity, and each transmission opportunity comprises a third resource (see page 3, lines 40-54, discloses transmission opportunity group corresponding to the first indication information carried on a PDCCH order). Zhang and Tian are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang and Tian to create a method wherein the second resource is a transmission opportunity group, the transmission opportunity group comprises at least one transmission opportunity, and each transmission opportunity comprises a third resource. The motivation to combine both references would come from facilitating the adjustment of operational parameters. Regarding claim 19, Zhang discloses a method wherein the second message further indicates a start moment of the at least one third resource (see para. [0158]-[0159] discloses second specific content includes PDCCH configuration information, about ePDCCH location) or a start moment of at least one transmission opportunity of the at least one third resource (see para. [0158]-[0159] discloses second specific content includes PDCCH configuration information, about ePDCCH location). Claim 6-12, 14, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (US 20190274090 A1) (hereinafter “Zhang”) in view of Takeda et al (US 20200305123) (hereinafter “Takeda”) and further in view of Tian et al. (US 20220337998 A1) (herein after “Tian”) as applied to claim 1 and 15 above, and further view of Wu et al (CN111867129A) (herein after “Wu”). Regarding claim 6, Zhang discloses a method. Zhang fails to disclose a method, wherein the second message further comprises one or more types of the following information: information about a time length of the transmission opportunity group (This part is optional); information about a start moment of the transmission opportunity group (This part is optional); information about a quantity of transmission opportunities in the transmission opportunity group (This part is optional); information about an interval between start moments of at least two adjacent transmission opportunities in the transmission opportunity group (This part is optional); information about a start moment of a first transmission opportunity in the transmission opportunity group (This part is optional); information about a frequency hopping channel of the transmission opportunity group or the at least one third resource (This part is optional); information about a hopping frequency of the transmission opportunity group or the at least one third resource (This part is optional); information about bandwidth of the transmission opportunity group or the at least one third resource; a frequency hopping random seed (This part is optional); information about an available frequency hopping channel; and clock parameter information. However, Wu teaches a method, wherein the second message further comprises information about an available frequency hopping channel (see page 13, lines 13-14, lines 23-24; discloses target frequency domain resources of the transmission opportunity groups; value in time index of the domain of the transmission opportunities included in the PRACH transmission opportunity group); and clock parameter information (see page 13, lines 25-26, discloses time period duration, one radio frame or one associated period). Zhang and Wu are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang and Wu to create a method wherein the second message further comprises the following information: the second message further comprises information about an available frequency hopping channel; and clock parameter information. The motivation to combine both references would come from facilitating the adjustment of operational parameters. Regarding claim 7, Zhang discloses a method. Zhang fails to disclose a method, wherein each transmission opportunity in the transmission opportunity group comprises the fourth resource. However, Wu discloses a method wherein each transmission opportunity in the transmission opportunity group comprises the fourth resource (see page 2, lines 23-24 discloses forming at least one PRACH transmission opportunity group by the selected ninth preset number of PRACH transmission opportunities according to the first parameter information). Zhang and Wu are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang and Wu to create a method wherein each transmission opportunity in the transmission opportunity group comprises the fourth resource. The motivation to combine both references would come from facilitating the adjustment of operational parameters. Regarding claim 8, Zhang discloses a method. Zhang fails to disclose a method, wherein the detecting a request message on the at least one third resource comprises: receiving a first request message on a third resource in a first transmission opportunity; and the method further comprises: sending a first response message on a fourth resource in the first transmission opportunity, wherein the first response message indicates reception of the first request message. However, Wu teaches a method, receiving a first request message on a third resource in a first transmission opportunity (see page 2, lines 4-8, discloses receiving first configuration information sent by network side wherein the first configuration information comprises PRACH transmission opportunities); and the method further comprises: sending a first response message on a fourth resource in the first transmission opportunity, wherein the first response message indicates reception of the first request message (see page 2, lines 9-13, transmitting a PRACH one of the at least one first set of PRACH transmission opportunities). Zhang and Wu are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang and Wu to create a method wherein the detecting a request message on the at least one third resource comprises: receiving a first request message on a third resource in a first transmission opportunity; and the method further comprises: sending a first response message on a fourth resource in the first transmission opportunity, wherein the first response message indicates reception of the first request message. The motivation to combine both references would come from facilitating the adjustment of operational parameters. Regarding claim 9, Zhang discloses a method. Zhang fails to disclose a method, wherein the at least one third resource corresponds to at least one fourth resource, the at least one fourth resource is used to carry at least one response message, and the at least one response message corresponds to a request message from the at least one third resource. However, Wu teaches a method wherein the at least one third resource corresponds to at least one fourth resource (see page 2, lines 45-46, discloses determining the association between the first PRACH and SSBs based on the target orders), the at least one fourth resource is used to carry at least one response message, (see page 2, lines 9-13, transmitting a PRACH one of the at least one first set of PRACH transmission opportunities) and the at least one response message corresponds to a request message from the at least one third resource (see page 2, lines 4-8, discloses receiving first configuration information sent by network side wherein the first configuration information comprises PRACH transmission opportunities). Zhang and Wu are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang and Wu to create a method wherein the at least one third resource corresponds to at least one fourth resource, the at least one fourth resource is used to carry at least one response message, and the at least one response message corresponds to a request message from the at least one third resource. The motivation to combine both references would come from facilitating the adjustment of operational parameters. Regarding claim 10, Zhang discloses a method. Zhang fails to disclose a method, wherein the at least one third resource is in a one-to-one correspondence with the at least one fourth resource, or there is one fourth resource that is in the at least one fourth resource and that corresponds to a plurality of third resources. However, Wu discloses a method wherein the at least one third resource is in a one-to-one correspondence with the at least one fourth resource, or there is one fourth resource that is in the at least one fourth resource and that corresponds to a plurality of third resources (see page 2, lines 25-29 discloses transmitting the PRACH on one of the at least one first PRACH transmission opportunity set with a plurality of first PRACH transmission opportunity sets formed, comprises: sequencing the plurality of first PRACH transmission opportunity groups to obtain a target sequence; determining an association relationship between the plurality of first PRACHs and SSBs based on the target order: Selecting a first SSB for PRACH transmission; selecting the first set of PRACH transmission opportunities associated with the first SSB to transmit a PRACH). Zhang and Wu are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang and Wu to create a method wherein the at least one third resource is in a one-to-one correspondence with the at least one fourth resource, or there is one fourth resource that is in the at least one fourth resource and that corresponds to a plurality of third resources. The motivation to combine both references would come from facilitating the adjustment of operational parameters. Regarding claim 11, Zhang discloses a method. Zhang fails to disclose a method, wherein the detecting a request message on the at least one third resource comprises: receiving a first request message on a third resource; and the method further comprises: sending a first response message on a fourth resource corresponding to the third resource, wherein the first response message indicates reception of the first request message. However, Wu teaches a method wherein the detecting a request message on the at least one third resource comprises: receiving a first request message on a third resource (see page 2, lines 4-8, discloses receiving first configuration information sent by network side wherein the first configuration information comprises PRACH transmission opportunities); and the method further comprises: sending a first response message on a fourth resource corresponding to the third resource, wherein the first response message indicates reception of the first request message (see page 2, lines 9-13, transmitting a PRACH one of the at least one first set of PRACH transmission opportunities). Zhang and Wu are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang and Wu to create a method wherein the detecting a request message on the at least one third resource comprises: receiving a first request message on a third resource; and the method further comprises: sending a first response message on a fourth resource corresponding to the third resource, wherein the first response message indicates reception of the first request message. The motivation to combine both references would come from facilitating the adjustment of operational parameters. Regarding claim 12, Zhang discloses a method. Zhang fails to disclose a method, wherein the first request message comprises an identifier of a first device, the first request message is from the first device, and the first response message comprises the identifier of the first device. However, Wu teaches a method wherein the first request message comprises an identifier of a first device, the first request message is from the first device, and the first response message comprises the identifier of the first device (see page 4, lines 9-15, discloses access response message from network side determining a random access -radio network identifier RA-RNTI). Zhang and Wu are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang and Wu to create a method wherein the first request message comprises an identifier of a first device, the first request message is from the first device, and the first response message comprises the identifier of the first device. The motivation to combine both references would come from facilitating the adjustment of operational parameters. Regarding claim 14, Zhang discloses a method. Zhang fails to disclose a method, wherein the second message indicates one or more of the following: at least one third resource is used to detect a discovery request message; at least one third resource is used to detect an access request message; or one of the at least one third resource corresponds to a second node, and the second message comprises an identifier of the second node. However, Wu teaches method wherein the second message indicates one or more of the following: one of the at least one third resource corresponds to a second node, and the second message comprises an identifier of the second node (see page 4, lines 9-15, discloses access response message from network side determining a random access-radio network identifier RA-RNTI). Zhang and Wu are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang and Wu to create a method wherein the second message indicates one of the at least third resource corresponds to a second node, and the second message comprises an identifier of the second node. The motivation to combine both references would come from facilitating the adjustment of operational parameters. Regarding claim 20, Zhang discloses a method. Zhang fails to disclose a method wherein the second message further comprises one or more types of the following information: information about a time length of the transmission opportunity group (This part is optional); information about a start moment of the transmission opportunity group (This part is optional); information about a quantity of transmission opportunities in the transmission opportunity group (This part is optional); information about an interval between start moments of at least two adjacent transmission opportunities in the transmission opportunity group (This part is optional); information about a start moment of a first transmission opportunity in the transmission opportunity group (This part is optional); information about a frequency hopping channel of the transmission opportunity group or the at least one third resource (This part is optional); information about a hopping frequency of the transmission opportunity group or the at least one third resource (This part is optional); information about bandwidth of the transmission opportunity group or the at least one third resource; a frequency hopping random seed (This part is optional); information about an available frequency hopping channel; and clock parameter information. However, Wu teaches a method wherein the second message further comprises information about an available frequency hopping channel (see page 13, lines 13-14, lines 23-24; discloses target frequency domain resources of the transmission opportunity groups; value in time index of the domain of the transmission opportunities included in the PRACH transmission opportunity group); and clock parameter information (see page 13, lines 25-26, discloses time period duration, one radio frame or one associated period). Zhang and Wu are considered to be analogous to the claim invention because both are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of Zhang and Wu to Create a method wherein the second message further comprises information about an available frequency hopping channel; and clock parameter information. The motivation to combine both references would come from facilitating the adjustment of operational parameters. Response to Arguments 7. Applicant’s arguments with respect to claims 1 and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion 8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS GUILLERMO LEMA LEMOS whose telephone number is (571)-272-5710. The examiner can normally be reached M-F 8-5 EST. 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, Nishant Divecha, can be reached at 571-2703125. 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. /LUIS LEMA LEMOS/ Patent Examiner, Art Unit 2419 /Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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Prosecution Timeline

Mar 01, 2024
Application Filed
Jun 05, 2025
Non-Final Rejection — §103
Aug 08, 2025
Response Filed
Oct 08, 2025
Final Rejection — §103
Dec 15, 2025
Response after Non-Final Action
Jan 09, 2026
Non-Final Rejection — §103 (current)

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