Prosecution Insights
Last updated: October 02, 2026
Application No. 18/635,377

APPARATUS, SYSTEM, AND METHOD OF PROTECTING A WIRELESS COMMUNICATION FRAME

Non-Final OA §102
Filed
Apr 15, 2024
Priority
Jun 12, 2023 — provisional 63/507,728
Examiner
HO, HUY C
Art Unit
Tech Center
Assignee
Intel Corporation
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
623 granted / 804 resolved
+17.5% vs TC avg
Strong +20% interview lift
Without
With
+20.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
24 currently pending
Career history
826
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
31.2%
-8.8% vs TC avg
§112
2.6%
-37.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 804 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The mentioned claims are claims 19 and 20. 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)(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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chu et al. (Pub. No. US 2024/0276223). Regarding claim 1. Chu teaches an apparatus comprising logic and circuitry configured to cause a wireless communication station (STA) (Chu, the Abstract, Fig. 1, pp [40]), to: set a Message Integrity Code (MIC) in a MIC field to protect contents of a control frame according to a Galois Message Authentication Code with 256-bit cipher-key (GMAC-256) protection mechanism, wherein the MIC is based on a Packet Number (PN), wherein a size of the MIC field is less than 16 bytes (Chu, pp [46]-[48], [52], [62]: control frame is integrity protected using Galois Message Authentication Code with 256 bit coding); set a PN field based on the PN, wherein a size of the PN field is less than 6 bytes (Chu, Fig. 2, pp [59]; Fig. 3, pp [60]-[61]: PN field size PN0, PN1, …, PN5); and transmit the control frame comprising the MIC field and the PN field (Chu, pp [59]; Fig. 9, pp [84]-[85]: transmitting the protected control frame contains PN field). Regarding claim 15. Chu teaches a product comprising one or more tangible computer-readable non-transitory storage media comprising instructions operable to, when executed by at least one processor (Chu, the Abstract, Fig. 1, pp [43]), enable the at least one processor to cause a wireless communication station (STA) to: set a Message Integrity Code (MIC) in a MIC field to protect contents of a control frame according to a Galois Message Authentication Code with 256-bit cipher-key (GMAC-256) protection mechanism, wherein the MIC is based on a Packet Number (PN), wherein a size of the MIC field is less than 16 bytes (Chu, pp [46]-[48], [52], [62]: control frame is integrity protected using Galois Message Authentication Code with 256 bit coding); set a PN field based on the PN, wherein a size of the PN field is less than 6 bytes (Chu, Fig. 2, pp [59]; Fig. 3, pp [60]-[61]: PN field size PN0, PN1, …, PN5); and transmit the control frame comprising the MIC field and the PN field (Chu, pp [59]; Fig. 9, pp [84]-[85]: transmitting the protected control frame contains PN field). Regarding claim 19. Chu teaches an apparatus for a wireless communication station (STA) (Chu, the Abstract, Fig. 1, pp [40]), the apparatus comprising: means for setting a Message Integrity Code (MIC) in a MIC field to protect contents of a control frame according to a Galois Message Authentication Code with 256-bit cipher-key (GMAC-256) protection mechanism, wherein the MIC is based on a Packet Number (PN), wherein a size of the MIC field is less than 16 bytes (Chu, pp [46]-[48], [52], [62]: control frame is integrity protected using Galois Message Authentication Code with 256 bit coding); means for setting a PN field based on the PN, wherein a size of the PN field is less than 6 bytes (Chu, Fig. 2, pp [59]; Fig. 3, pp [60]-[61]: PN field size PN0, PN1, …, PN5); and means for causing the STA to transmit the control frame comprising the MIC field and the PN field (Chu, pp [59]; Fig. 9, pp [84]-[85]: transmitting the protected control frame contains PN field). Regarding claim 2. Chu teaches the apparatus of claim 1 configured to cause the STA to set the PN field to a first PN value having a size of less than 6 bytes, and to determine the MIC according to a second PN value having a size of 6 bytes, wherein the second PN value is based on the first PN value (Chu, pp [54], [66]). Regarding claim 3. Chu teaches the apparatus of claim 2, wherein the second PN value comprises the first PN value appended with a predefined bit sequence having a length equal to a difference between 6 bytes and the size of the first PN value (Chu, pp [54], [59]-[60], [66], [71]). Regarding claim 4. Chu teaches the apparatus of claim 3, wherein the predefined bit sequence comprises an all-zeros sequence (Chu, pp [52], [54]). Regarding claim 5. Chu teaches the apparatus of claim 1, wherein the size of the MIC field is 8 bytes (Chu, pp [57], [66]-[67]). Regarding claim 6. Chu teaches the apparatus of claim 1, wherein the size of the MIC field is 4 bytes (Chu, pp [52], [54], [59]). Regarding claim 7. Chu teaches the apparatus of claim 1, wherein the size of the PN field is 4 bytes (Chu, pp [52], [54], [59]). Regarding claim 8. Chu teaches the apparatus of claim 1, wherein the size of the PN field is 3 bytes (Chu, pp [52], [54]). Regarding claim 9. Chu teaches the apparatus of claim 1, wherein the control frame comprises a trigger frame, a Block Acknowledgement (BA) frame, or a BA Request (BAR) frame (Chu, pp [47], [52], [58]). Regarding claim 10. Chu teaches the apparatus of claim 1, wherein the control frame comprises a group addressed control frame (Chu, pp [46], [49], [84]). Regarding claim 11. Chu teaches the apparatus of claim 1, wherein the control frame comprises an individually addressed control frame (Chu, pp [48]-[49], [84]). Regarding claim 12. Chu teaches the apparatus of claim 1, wherein the control frame comprises a frame control field comprising a type subfield set to “01” (Chu, pp [61], [71]). Regarding claim 13. Chu teaches the apparatus of claim 1 comprising a radio to transmit the control frame from the STA (Chu, pp [59], [84]-[85]). Regarding claim 14. Chu teaches the apparatus of claim 13 comprising one or more antennas connected to the radio, and a processor to execute instructions of an operating system of the STA (Chu, pp [42]-[44], [83]). Regarding claim 16. Chu teaches the product of claim 15, wherein the instructions, when executed, cause the STA to set the PN field to a first PN value having a size of less than 6 bytes, and to determine the MIC according to a second PN value having a size of 6 bytes, wherein the second PN value is based on the first PN value (Chu, pp [54], [66]). Regarding claim 17. Chu teaches the product of claim 16, wherein the second PN value comprises the first PN value appended with a predefined bit sequence having a length equal to a difference between 6 bytes and the size of the first PN value (Chu, pp [54], [66]). Regarding claim 18. Chu teaches the product of claim 15, wherein the size of the PN field is 3 bytes (Chu, pp [52], [54]). Regarding claim 20. Chu teaches the apparatus of claim 19 comprising means for setting the PN field to a first PN value having a size of less than 6 bytes, and to determine the MIC according to a second PN value having a size of 6 bytes, wherein the second PN value is based on the first PN value (Chu, pp [54], [66]). Relevant References to the claims but not used in the rejection above Huang (Pub. No. US 2019/0069176), teaches methods and systems for authenticated wake-up radio frames are disclosed. In one aspect, a method includes generating a wake-up radio (WUR) integrity group key (IGTK) for authentication of WUR frames when received by a wake-up radio (WURx). The WUR IGTK may be identified via a key identifier in the WUR frame. The key identifier may be updated when the WUR IGTK is updated, facilitating WUR IGTK key updating across multiple associated stations. Nadler 2018/0219841, teaches a file layout and encryption scheme to protect a data file are introduced. A system, computer-readable medium, and method are provided for selecting an encrypted data node of a data file for writing data, generating a node encryption key for the selected encrypted node, encrypting the selected encrypted node with the node encryption key, saving the node encryption key and a node integrity check value for the node encryption key in a parent encrypted cryptographic node, selecting an ancestor encrypted cryptographic node as the selected encrypted node, and repeating the generating, encrypting, saving, and selecting the ancestor encrypted cryptographic node until the selected ancestor encrypted cryptographic node is a root encrypted cryptographic node for the data file. Encrypting a data node with the node encryption key further saves the data to be written to the encrypted data node. Ouzieli (Pub. No. US 2019/0200220), teaches systems, methods, and devices related to synched group key rekeying. A device may determine a first security key used for group-addressed management frames. The device may perform a security key rekeying to use a second security key in place of the first security key. The device may cause to send the second security key to a first station device of one or more station devices. The device may cause to send a first beacon frame comprising a switch announcement information element (IE) associated with the second security key. The device may cause to send a second beacon frame, wherein the second beacon frame does not comprise the switch announcement IE. The device may determine to switch to the second security key based on the switch announcement IE. As part of the association process with a new station device (STA) the access point (AP) applies a 4-way Handshake protocol. Following the 4-way Handshake exchange, both AP and STA hold a temporal key (TK) that is unique for this STA and is used for encrypting/decrypting unicast traffic using temporal key integrity protocol (TKIP)/counter mode with cipher-block chaining message authentication code protocol (CCMP) or Galois/counter mode protocol (GCMP) cipher suite. In addition, as part of the 4-way Handshake exchange, the AP also updates the STA with the currently used group temporal key (GTK), integrity group temporal key (IGTK), or any other settings. GTK is shared by all associated STAs and is used by AP for encrypting and STAs for decrypting Group-addressed traffic using TKIP/CCMP or GCMP cipher suite. IGTK is shared by all associated STAs and is used by AP and STAs for calculating the message integrity code (MIC) value over the group-addressed management Frame, using cipher-based message authentication code (CMAC), or Galois message authentication code (GMAC) cipher suites. When the AP wishes to update the IGTK, it uses the GTK rekeying mechanism to update all the associated STAs (one at a time) on the new IGTK value. The rekeying mechanism refers to the process of changing a key (e.g., a GTK, IGTK key, or other key) of an ongoing communication. This is achieved by first updating all associated STAs one by one of a new key value for one of the non-used GTKs and a new value for the non-used IGTK. Once the new non-active GTK and IGTK are set in all STAs, the AP may start using the new Key IDs as the ‘active’ GTK and IGTK for the following Group-addressed transmissions (e.g., GTK) as well as the following Group-addressed Management frames. However, this process results in the STA not being notified early enough of when the switch to the new key occurred and at what time the AP will actually start using the new keys instead of the old ones. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUY C HO whose telephone number is (571)270-1108. The examiner can normally be reached M-F 8AM-5PM. 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, KATHY WANG-HURST can be reached at (571)270-5371. 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. /HUY C HO/Primary Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Apr 15, 2024
Application Filed
Jul 16, 2024
Response after Non-Final Action
Aug 11, 2026
Non-Final Rejection mailed — §102 (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
78%
Grant Probability
98%
With Interview (+20.5%)
3y 1m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 804 resolved cases by this examiner. Grant probability derived from career allowance rate.

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