Prosecution Insights
Last updated: October 01, 2026
Application No. 18/658,805

WIRELESS LOCAL AREA NETWORK (WLAN) LINK ADAPTATION

Non-Final OA §102§103
Filed
May 08, 2024
Priority
May 10, 2023 — provisional 63/501,375
Examiner
HUYNH, NAM TRUNG
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
476 granted / 637 resolved
+12.7% vs TC avg
Moderate +12% lift
Without
With
+11.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
24 currently pending
Career history
653
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
55.0%
+15.0% vs TC avg
§102
23.2%
-16.8% vs TC avg
§112
11.5%
-28.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 637 resolved cases

Office Action

§102 §103
CTNF 18/658,805 CTNF 81018 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted on 5/20/24 is being considered by the examiner. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1 and 16 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Choi et al. (US 2006/0156162) . Regarding claim 1, Choi teaches a receiving device [Fig. 6, item 650] comprising: a transceiver (receiver communicates with receiver in mobile communication system and therefore has a transceiver); and a processor communicatively coupled to the transceiver (receiver is an electronic device such as a UE and therefore has a processor), configured to: receive, via the transceiver, a first physical layer protocol data unit (PPDU) comprising a first feedback sequence number (FBSN) (SN) (see “the transmitter 600 transmits to the receiver 650 three data blocks (i.e., PPDUs ) having (611) SNs of 0b000000, 0b000001 and 0b000010 (611)” [par 53]); and transmit, via the transceiver, a first block acknowledgment (BA) frame (HARQ ACK/NACK) comprising the first FBSN and first feedback (FB) data (ACK/NACK) associated with the reception of the first PPDU (see “the receiver 650 transmits ACK information (i.e., HARQ ACK information) representing the normal reception of only the PPDU having the SN of0b000010 to the transmitter 600 (615). Of course, the receiver 650 transmits NACK information (i.e., HARQ NACK information) to the transmitter 600, which represents that the receiver 650 have not normally received the PPDU s having the SNs of 0b000000 and 0b000001 ” [par 53]). Claim 16 recites subject matter similar to claim 1 and is therefore rejected on the same basis . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 2, 5-15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 2006/0156162) in view of Asterjadhi et al. (US 2021/0006361) . Regarding claim 2, Choi teaches receive, via the transceiver, a second PPDU comprising a second FBSN, wherein the first PPDU and the second PPDU are received from a transmitting device (see “After the transmitter 600 has been notified that the receiver 650 have normally received only the PPDU having the SN of 0b000010, the transmitter 600 retransmits to the receiver 650 the PPDUs having the SNs of 0b000000 and 0b000001 (617)” [par 54]); and transmit, via the transceiver, a second BA frame comprising (i) the first FBSN and the first FB data or (ii) the second FBSN and second FB data associated with the more recently successfully received of the first PPDU and the second PPDU (see “the receiver 650 transmits to the transmitter 600 ACK information (i.e., HARQ ACK information) representing the normal reception of only the PPDU having the SN of 0b0000O1 (621). Of course, the receiver 650 transmits NACK information (i.e., HARQ NACK information) to the transmitter 600, which represents that the receiver 650 have not normally received the PPDU having the SN of 0b000000” [par 54] which teaches transmission of “ the second FBSN and second FB data associated with the more recently successfully received of the first PPDU and the second PPDU ” since the receiver sends ACK/NACK information of the retransmitted PDUs which are received more recently). Choi does explicitly teach that the receiver receives, via the transceiver, a block acknowledgment request (BAR) frame from the transmitting device. In an analogous prior art reference, Asterjadhi teaches a receiver (second WLAN device) receives, via a transceiver, a block acknowledgment request (BAR) frame from the transmitting device (see “…the first WLAN device 110 may transmit a HARQ Block ACK request (HARQ BAR or H-BAR) message to the second WLAN device 120 ” [par 223]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Choi to allow the receiver to receive, via the transceiver, a block acknowledgment request (BAR) frame from the transmitting device, as taught by Asterjadhi, in order to configure the receiver to transmit feedback or ACK message when the transmitter has not received it before an ACK time period expires. Regarding claim 5, Choi teaches receive, via the transceiver, a second PPDU comprising a second FBSN, wherein the first PPDU and the second PPDU are received from a transmitting device (see “After the transmitter 600 has been notified that the receiver 650 have normally received only the PPDU having the SN of 0b000010, the transmitter 600 retransmits to the receiver 650 the PPDUs having the SNs of 0b000000 and 0b000001 (617)” [par 54]); and transmit, via the transceiver, the first FBSN (SN) , the first FB data (HARQ ACK/NACK information) (see “the receiver 650 transmits ACK information (i.e., HARQ ACK information) representing the normal reception of only the PPDU having the SN ofOb000O10 to the transmitter 600 (615). Of course, the receiver 650 transmits NACK information (i.e., HARQ NACK information) to the transmitter 600, which represents that the receiver 650 have not normally received the PPDU s having the SNs of 0b000000 and 0b0000O1 ” [par 53]), the second FBSN, and second FB data, wherein the second FB data is associated with reception of the second PPDU (see “the receiver 650 transmits to the transmitter 600 ACK information (i.e., HARQ ACK information) representing the normal reception of only the PPDU having the SN of 0b000001 (621). Of course, the receiver 650 transmits NACK informatio n (i.e., HARQ NACK information) to the transmitter 600, which represents that the receiver 650 have not normally received the PPDU having the SN of 0b000000 ” [par 54]). Choi does not explicitly teach receive from the transmitting device, via the transceiver, a signal frame comprising the first FBSN and the second FBSN. In an analogous prior art reference, Asterjadhi teaches a receiver (second WLAN device) receive from the transmitting device, via the transceiver, a signal frame (HARQ Block ACK request) comprising the first FBSN and the second FBSN (see “the first WLAN device 110 may transmit a HARQ Block ACK request (HARQ BAR or H-BAR) message to the second WLAN device 120” [par 223] which in the relied combination would request PPDUs including SN(s) that were not received). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Choi to allow the receiver to receive from the transmitting device, via the transceiver, a signal frame comprising the first FBSN and the second FBSN, as taught by Asterjadhi, in order to configure the receiver to transmit feedback or ACK message of particular PPDUs when the transmitter has not received it before an ACK time period expires. Regarding claim 6, Choi teaches receive, via the transceiver, a second PPDU comprising a second FBSN (see “After the transmitter 600 has been notified that the receiver 650 have normally received only the PPDU having the SN of 0b000010, the transmitter 600 retransmits to the receiver 650 the PPDUs having the SNs of 0b000000 and 0b000001 (617)” [par 54]); determine that at least one media access control (MAC) protocol data unit (MPDU) of the second PPDU was not successfully received (see “After the transmitter transmits an MPDU corresponding to MSDU (0) to MSDU (4) to the receiver, when MSDU (0) is not normally received in the receiver while the transmission window manages MSDU (0) to MSDU (4)…” [par 71]); and transmit, via the transceiver, a NACK frame (NACK information) comprising the second FBSN and second FB data associated with the reception of the second PPDU (see “Of course, the receiver 650 transmits NACK information (i.e., HARQ NACK information) to the transmitter 600, which represents that the receiver 650 have not normally received the PPDU having the SN of 0b000000 ” [par 54]). Choi does not explicitly teach that the second PPDU comprises a negative acknowledgment (NACK) indicator. In an analogous prior art reference, Asterjadhi teaches a PPDU (second HARQ transmission) comprises a negative acknowledgment (NACK) indicator (HARQ/ACK policy indicator) (see “The second HARQ transmission 240 may represent a retransmission 242 of a least a portion of the first HARQ transmission 210 or information (such as codewords) that will be used to try to decode and recover the portions of the first HARQ transmission 210 that failed. Similar to the first HARQ transmission 210, the second HARQ transmission 240 also may include a HARQ indicator and an ACK policy indicator , such as in the PHY header” [par 183]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Choi to allow the second PPDU to comprise a negative acknowledgment (NACK) indicator, as taught by Asterjadhi, in order to indicate whether the transmitter is disabling the HARQ protocol for the second PPDU. Claim 7 recites subject matter similar to claim 6 and is therefore rejected on the same basis because in Choi the SNs of retransmitted PDUs are not zero (see par 54). Regarding claim 8, Choi does not explicitly teach wherein the processor is further configured to: determine a Modulation and Coding Scheme (MCS) value based at least on the first PPDU received; and include the MCS value in the first FB data. In an analogous prior art reference, Asterjadhi teaches a receiver (second WLAN device) is configured to determine a Modulation and Coding Scheme (MCS) value based at least on the first PPDU (first ARQ transmission) received (see “For example, the second WLAN device 120 may determine the MCS for the PSDU of the first ARQ transmission 510 was an aggressive MCS” [par 195]); and include the MCS value in the first FB data (see “In some implementations, this information (such as the indication to lower the MCS , increase GI, reduce NSS, lower BW, etc.) also may be included in the other types of feedback messages (such as Block ACK , ACK , H-BA, etc.)” [par 195]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Choi to allow the receiver to determine a Modulation and Coding Scheme (MCS) value based at least on the first PPDU received; and include the MCS value in the first FB data, as taught by Asterjadhi, in order to improve the chances of receiving retransmissions or subsequent transmissions from the transmitter. Regarding claim 9, Asterjadhi teaches the receiving device of claim 1, wherein the processor is further configured to: determine a Number of Spatial Streams (NSS) value based at least on the first PPDU received (see “As another example, the second WLAN device 120 also may recommend to increase the GI, reduce the NSS , lower the BW of the PPDU, and so on” [par 195]); and include the NSS value in the first FB data (see “In some implementations, this information (such as the indication to lower the MCS, increase GI, reduce NSS , lower BW, etc.) also may be included in the other types of feedback messages (such as Block ACK , ACK , H-BA, etc.)” [par 195]). Regarding claim 10, Asterjadhi teaches the receiving device of claim 1, wherein the processor is further configured to: determine an interference characteristic based at least on the first PPDU received (see “For example, the second WLAN device 120 may indicate to use a channel in the upper part of the frequency band, because the device's primary channel (where the first ARQ transmission 510 was sent) that is in the lower part of the frequency band is inappropriate for use due to interfering and ongoing traffic” [par 196]); and include the interference characteristic in the first FB data (see “In some implementations, this information (such as the indication to lower the MCS, increase GI , reduce NSS, lower BW , etc.) also may be included in the other types of feedback messages (such as Block ACK , ACK , H-BA, etc.)” [par 195]). Regarding claim 11, Choi teaches a transmitting device [Fig. 6, item 300] comprising: a transceiver (transmitter communicates with receiver in mobile communication system and therefore has a transceiver); and a processor communicatively coupled to the transceiver (transmitter is an electronic device such as a base station and therefore has a processor), configured to: transmit, via the transceiver, a first physical layer protocol data unit (PPDU) comprising a first feedback sequence number (FBSN) (SN) (see “the transmitter 600 transmits to the receiver 650 three data blocks (i.e., PPDUs ) having (611) SNs of 0b000000, 0b000001 and 0b000010 (611)” [par 53]); receive, via the transceiver, a first block acknowledgment (BA) frame (HARQ ACK/NACK) comprising the first FBSN and first feedback (FB) data (ACK/NACK) associated with the first PPDU from a receiving device (see “the receiver 650 transmits ACK information (i.e., HARQ ACK information) representing the normal reception of only the PPDU having the SN of0b000010 to the transmitter 600 (615). Of course, the receiver 650 transmits NACK information (i.e., HARQ NACK information) to the transmitter 600, which represents that the receiver 650 have not normally received the PPDU s having the SNs of 0b000000 and 0b000001 ” [par 53]). Choi does not explicitly teach that the transmitter configures, based at least on the first FB data, a transmission parameter for a next PPDU associated with the receiving device. In an analogous prior art reference, Asterjadhi teaches a transmitter (first WLAN device) configures, based at least on the first FB data (N-ACK message) , a transmission parameter (MCS) for a next PPDU (Re-TX first ARQ transmission) associated with the receiving device (see “Thus, the second WLAN device 120 may include an indication in the N-ACK message 530 to use a lower MCS for the retransmission 542 (for example, lower from an aggressive MCS9 to a lower MCS2)” [par 195] and “The first WLAN device 110 may then use the recommended information in the N-ACK message 530 for generating and sending the Re-TX first ARQ transmission 540” [par 197]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Choi to allow the transmitter to configure, based at least on the first FB data, a transmission parameter for a next PPDU associated with the receiving device, as taught by Asterjadhi, in order to improve the chances of receiving retransmissions or subsequent transmissions by the receiver. Regarding claim 12, Choi teaches transmit a second PPDU (retransmitted PPDU(s)) to the receiving device (see “After the transmitter 600 has been notified that the receiver 650 have normally received only the PPDU having the SN of 0b000010, the transmitter 600 retransmits to the receiver 650 the PPDUs having the SNs of 0b000000 and 0b000001 (617)” [par 54]); and receive, via the transceiver, a third BA frame comprising a second FBSN and a second FB data associated with the second PPDU (see “the receiver 650 transmits to the transmitter 600 ACK information (i.e., HARQ ACK information) representing the normal reception of only the PPDU having the SN of 0b0000O1 (621). Of course, the receiver 650 transmits NACK information (i.e., HARQ NACK information) to the transmitter 600, which represents that the receiver 650 have not normally received the PPDU having the SN of 0b000000” [par 54]). Choi does not explicitly teach determine that a second BA frame associated with the second PPDU was not successfully decoded; transmit, via the transceiver, a block acknowledgment request (BAR) frame associated with the second PPDU; and configure, based at least on the second FB data, a transmission parameter for a next PPDU associated with the receiving device. Asterjadhi teaches a transmitter (first WLAN device) determines that a second BA frame associated with the second PPDU was not successfully decoded (not received) (see “If the first WLAN device 110 does not receive a feedback or ACK message before an ACK time period (or ACK timeout) expires” [par 223]); transmit, via the transceiver, a block acknowledgment request (BAR) frame associated with the second PPDU (see “the first WLAN device 110 may transmit a HARQ Block ACK request (HARQ BAR or H- BAR ) message to the second WLAN device 120” [par 223]); and configure, based at least on the second FB data (N-ACK message) , a transmission parameter (MCS) for a next PPDU (Re-TX first ARQ transmission) associated with the receiving device (see “Thus, the second WLAN device 120 may include an indication in the N-ACK message 530 to use a lower MCS for the retransmission 542 (for example, lower from an aggressive MCS9 to a lower MCS2)” [par 195] and “The first WLAN device 110 may then use the recommended information in the N-ACK message 530 for generating and sending the Re-TX first ARQ transmission 540” [par 197]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Choi to allow the transmitter to determine that a second BA frame associated with the second PPDU was not successfully decoded; transmit, via the transceiver, a block acknowledgment request (BAR) frame associated with the second PPDU; and configure, based at least on the second FB data, a transmission parameter for a next PPDU associated with the receiving device, as taught by Asterjadhi, in order to in order to request feedback or ACK message when the transmitter has not received it before an ACK time period expires and to improve the chances of receiving retransmissions or subsequent transmissions by the receiver. Claim 13 recites subject matter similar to claim 12 and is therefore rejected on the same basis. Regarding claim 14, Choi teaches transmit, via the transceiver, a second PPDU comprising a second FBSN (see “After the transmitter 600 has been notified that the receiver 650 have normally received only the PPDU having the SN of 0b000010, the transmitter 600 retransmits to the receiver 650 the PPDUs having the SNs of 0b000000 and 0b000001 (617)” [par 54]; and receive, via the transceiver, a NACK frame comprising the second FBSN and second FB data (NACK information) associated with the reception of the second PPDU (see “Of course, the receiver 650 transmits NACK information (i.e., HARQ NACK information) to the transmitter 600, which represents that the receiver 650 have not normally received the PPDU having the SN of 0b000000 ” [par 54]). Choi does not explicitly teach the second PPDU comprises a negative acknowledgment (NACK) indicator set to a value, and configure, based at least on the second FB data, a transmission parameter for a next PPDU associated with the receiving device. In an analogous prior art reference, Asterjadhi teaches a PPDU (second HARQ transmission) comprises a negative acknowledgment (NACK) indicator (HARQ/ACK policy indicator) set to a value (see “The second HARQ transmission 240 may represent a retransmission 242 of a least a portion of the first HARQ transmission 210 or information (such as codewords) that will be used to try to decode and recover the portions of the first HARQ transmission 210 that failed. Similar to the first HARQ transmission 210, the second HARQ transmission 240 also may include a HARQ indicator and an ACK policy indicator , such as in the PHY header” [par 183]), and configure, based at least on the second FB data (N-ACK message) , a transmission parameter (MCS) for a next PPDU (Re-TX first ARQ transmission) associated with the receiving device (see “Thus, the second WLAN device 120 may include an indication in the N-ACK message 530 to use a lower MCS for the retransmission 542 (for example, lower from an aggressive MCS9 to a lower MCS2)” [par 195] and “The first WLAN device 110 may then use the recommended information in the N-ACK message 530 for generating and sending the Re-TX first ARQ transmission 540” [par 197]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Choi to allow the second PPDU to comprise a negative acknowledgment (NACK) indicator set to a value, and configure, based at least on the second FB data, a transmission parameter for a next PPDU associated with the receiving device, as taught by Asterjadhi, in order to indicate whether the transmitter is disabling the HARQ protocol for the second PPDU and to improve the chances of receiving retransmissions or subsequent transmissions by the receiver. Claim 15 recites subject matter similar to claim 14 and is therefore rejected on the same basis because in Choi the SNs of retransmitted PDUs are not zero (see par 54). Claim 17 recites subject matter similar to claim 2 and is therefore rejected on the same basis. Claim 18 recites subject matter similar to claim 2 and is therefore rejected on the same basis. Claim 19 recites subject matter similar to claim 6 and is therefore rejected on the same basis. Claim 20 recites subject matter similar to claim 7 and is therefore rejected on the same basis . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 3-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nam T Huynh whose telephone number is (571)272-5970. The examiner can normally be reached 9am-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, Alison Slater can be reached at 571-270-0375. 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. /NAM T HUYNH/Primary Examiner, Art Unit 2647 Application/Control Number: 18/658,805 Page 2 Art Unit: 2647 Application/Control Number: 18/658,805 Page 3 Art Unit: 2647 Application/Control Number: 18/658,805 Page 4 Art Unit: 2647 Application/Control Number: 18/658,805 Page 5 Art Unit: 2647 Application/Control Number: 18/658,805 Page 6 Art Unit: 2647 Application/Control Number: 18/658,805 Page 7 Art Unit: 2647 Application/Control Number: 18/658,805 Page 8 Art Unit: 2647 Application/Control Number: 18/658,805 Page 9 Art Unit: 2647 Application/Control Number: 18/658,805 Page 10 Art Unit: 2647 Application/Control Number: 18/658,805 Page 11 Art Unit: 2647 Application/Control Number: 18/658,805 Page 12 Art Unit: 2647 Application/Control Number: 18/658,805 Page 13 Art Unit: 2647
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Prosecution Timeline

May 08, 2024
Application Filed
Mar 31, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
86%
With Interview (+11.8%)
2y 11m (~6m remaining)
Median Time to Grant
Low
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