Prosecution Insights
Last updated: August 30, 2026
Application No. 18/677,186

COMMUNICATION APPARATUS, CONTROL METHOD, AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
May 29, 2024
Priority
Nov 29, 2021 — JP 2021-193685 +1 more
Examiner
LY, ANH VU H
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Canon Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
950 granted / 1065 resolved
+31.2% vs TC avg
Minimal -0% lift
Without
With
+-0.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
34 currently pending
Career history
1088
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
36.2%
-3.8% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
14.6%
-25.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1065 resolved cases

Office Action

§102 §103
CTNF 18/677,186 CTNF 79123 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. Claim Objections 07-29-01 AIA Claim s 14, 32, and 33 are objected to because of the following informalities: Regarding claim 14, in lines 2-3, delete “complying with a standard of an Institute of Electrical and Electronics Engineers (IEEE) 802.11 series”. This phrase does not define the metes and bounds of the claimed subject matter. IEEE 802.11 series include a plurality of standards and succeeding/future standards. Regarding claim 32, in lines 2-3, delete “complying with a standard of an IEEE 802.11 series”. This phrase does not define the metes and bounds of the claimed subject matter. IEEE 802.11 series include a plurality of standards and succeeding/future standards. Regarding claim 33, in lines 3-4, delete “complying with a standard of an IEEE 802.11 series”. This phrase does not define the metes and bounds of the claimed subject matter. IEEE 802.11 series include a plurality of standards and succeeding/future standards . Appropriate correction is required. 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 14-21, 27-28, and 30-33 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chun et al (US 2023/0388055 A1) . Regarding claims 14 and 32, Chun discloses a communication apparatus that performs wireless communication complying with a standard of an Institute of Electrical and Electronics Engineers (IEEE) 802.11 series with a counterpart apparatus (Fig. 1A), the communication apparatus comprising: a transmission unit (Fig. 1A, transceiver 113) configured to transmit a media access control (MAC) frame (Fig. 23, block S2320, transmitting PPDU to receiving STA. According to 81 st paragraph and Fig. 4, PPDU or physical PDU is MAC PDU), wherein the MAC frame transmitted by the transmission unit includes a Control Information field of 26 bits (Fig. 18, the link adaption control subfield has a total length of 26 bits) that relates to Extremely High Throughput (EHT) Link Adaptation (230 th and 231 st paragraphs, the PPDU includes A-Control field S2310. A-Control field ma comprise a link adaptation control subfield), wherein the Control Information field (Fig. 18) includes first information represented by 3 bits and capable of indicating a bandwidth of 320 megahertz (MHz) (199 th paragraph and Figs. 17 and/or 18, BW sub field is 3 bit and may indicate 320 MHz), and second information relating to a Resource Unit (RU) (Fig. 18, PS 160 and RU allocation subfields), and wherein the second information relating to the RU (Fig. 18, PS 160 subfield and RU allocation subfield perform RU assignment) is represented by a first field of 8 bits included in the Control Information field (Fig. 18, RU allocation subfield is 8 bit) and a second field of 1 bit included in the Control Information field (Fig. 18, PS 160 is 1 bit). Regarding claim 15, Chun discloses that wherein the Control Information field (Fig. 18) further includes third information of 1 bit (Fig. 18, Unsolicited MFB is 1 bit), wherein in a case where a value of the third information is 1, the third information indicates an Unsolicited Modulation and Coding Scheme Feedback (MFB), and wherein in a case where the value of the third information is 0, the third information indicates a Modulation and Coding Scheme Request (MRQ) or a Solicited MFB (187 th paragraph and Table 3, Unsolicited MFB indicator set to 1, it is unsolicited MFB and set to 0, it is solicited MFB). Regarding claim 16, Chun discloses that wherein in a case where the third information included in the Control Information field indicates 1 (187 th paragraph and Table 3, Unsolicited MFB indicator set to 1, it is unsolicited MFB), the first information included in the Control Information field indicates a bandwidth to which a recommended EHT modulation and coding scheme (EHT-MCS) is applied (187 th paragraph and Table 3, for unsolicited MFB, EHT-MCS and indicated bandwidth are applied). Regarding claim 17, Chun discloses that wherein the Control Information field (Fig. 18) further includes fourth information of 1 bit (Fig. 18, MRQ subfield is 1 bit), and wherein in a case where the third information included in the Control Information field indicates 0 and the fourth information included in the Control Information field indicates 1, the second information included in the Control Information field indicates an RU for which an MFB requester requests feedback (187 th paragraph and Table 3, for solicited MFB, and MRQ is set to 1, the RU allocation subfield MFB requester to get indicates the RU for which the recommended feedback applies to the PPDU sent to the STA). Regarding claim 18, Chun discloses that wherein the first information and the second information are used to determine the RU (Fig. 18, BW subfield, PS 160 subfield, and RU allocation subfield are used to determine resource allocation). Regarding claim 19, Chun discloses that wherein the MAC frame further includes fifth information indicating whether the Control Information field is a field relating to HE Link Adaptation or a field relating to EHT Link Adaptation (132 nd paragraph, the receiving STA may know the PPDU is HE PPDU or EHT PPDU based on presence of RL-SIG). Regarding claim 20, Chun discloses that wherein in a case where EHT communication is performed with the counterpart apparatus, the MAC frame including the Control Information field of 26 bits that relates to EHT Link Adaptation is transmitted (Figs. 18 and 23, generating and transmitting PPDU including A-control field, 26 bits, for EHT link adaptation communication). Regarding claim 21, Chun discloses that wherein the MAC frame is a frame used for transmitting an MRQ or an MFB (Fig. 18, MFB and MRQ subfields included in PPDU). Regarding claim 27, Chun discloses that wherein the communication apparatus communicates using one of a 20 MHz bandwidth, a 40 MHz bandwidth, an 80 MHz bandwidth, a 160 MHz bandwidth, and a 320 MHz bandwidth (213 th paragraph, bandwidth subfield may indicate 20/40/80/160/320 MHz). Regarding claim 28, Chun discloses that wherein the communication apparatus performs Orthogonal Frequency Division Multiple Access (OFDMA) communication with the counterpart apparatus (84 th paragraph, RU of PPDU used to transmit a signal according to OFDMA). Regarding claim 30, Chun discloses that wherein the wireless communication is wireless communication compliant with the IEEE 802.11be standard (108 th paragraph, link adaptation control field operated in accordance with IEEE 802.11be standard). Regarding claim 31, Chun discloses that wherein the communication apparatus is one of a wireless LAN router, a PC, a camera, a tablet, a smartphone, a mobile phone, and a video camera (42 nd paragraph and Fig. 1, STA can be a router). Regarding claim 33, Chun discloses a non-transitory computer-readable storage medium storing a program (Fig. 1B, memory 112 storing computer executable instructions) that causes a computer to perform a control method of a communication apparatus that performs wireless communication complying with a standard of an IEEE 802.11 series, with a counterpart communication apparatus (Fig. 1A), the control method comprising: a transmission a MAC frame (Fig. 23, block S2320, transmitting PPDU to receiving STA. According to 81 st paragraph and Fig. 4, PPDU or physical PDU is MAC PDU), wherein the MAC frame transmitted includes a Control Information field of 26 bits (Fig. 18, the link adaption control subfield has a total length of 26 bits) that relates to Extremely High Throughput (EHT) Link Adaptation (230 th and 231 st paragraphs, the PPDU includes A-Control field S2310. A-Control field ma comprise a link adaptation control subfield), wherein the Control Information field (Fig. 18) includes first information represented by 3 bits and capable of indicating a bandwidth of 320 megahertz (MHz) (199 th paragraph and Figs. 17 and/or 18, BW sub field is 3 bit and may indicate 320 MHz), and second information relating to a Resource Unit (RU) (Fig. 18, PS 160 and RU allocation subfields), and wherein the second information related to the RU (Fig. 18, PS 160 subfield and RU allocation subfield perform RU assignment) is represented by a first field of 8 bits included in the Control Information field (Fig. 18, RU allocation subfield is 8 bit) and a second field of 1 bit included in the Control Information field (Fig. 18, PS 160 is 1 bit) . Claim Rejections - 35 USC § 103 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. 07-20-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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 22-24 and 29 and are rejected under 35 U.S.C. 103 as being unpatentable over Chun in view of Huang et al (US 2021/0136605 A1) . Regarding claims 22, 23, and 24, Chun discloses transmitting PPDU having link adaption in EHT (Figs. 18 and 23). Chun does not disclose that wherein the communication apparatus establishes, with the counterpart apparatus, a first link using a first frequency and a second link using a second frequency different from the first frequency and wherein the first frequency is included in one of a 2.4 GHz band, a 5 GHz band, and a 6 GHz band, and wherein the second frequency is included in one of the 2.4 GHz band, the 5 GHz band, and the 6 GHz band and wherein the communication apparatus performs communication using the first link and the second link. Huang discloses a MLD AP establishing multi-links for communication with MLD STA (Fig 3). Each link is operated at a different frequency than other link and included in one of a 2.4 GHz, a 5 GHz, and a 6 GHz band (Fig. 3). A MLD AP can communicate with a MLD STA via multiple links (Fig. 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include multi-link set up in Chun’s system, as suggested by Huang, to increase throughput and reduce latency. Regarding claim 29, Chun discloses transmitting PPDU having link adaption in EHT (Figs. 18 and 23). Chun does not disclose that wherein the communication apparatus communicates, with the counterpart apparatus, a Buffer Status Report (BSR) Request and/or a Buffer Status Report (BSR). Huang discloses frame including BSR subfield (Fig. 7 and 85 th paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include BSR in Chun’s system, as suggested by Huang, to indicate the amount of transmit data and allocate resource equivalently . 07-21-aia AIA Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Chun and Huang further in view of Wang et al (US 2022/0182184 A1) . Regarding claim 25, Chun discloses transmitting PPDU having link adaption in EHT (Figs. 18 and 23). Chun does not disclose that wherein data communicated via the first link and data communicated via the second link are identical data. Wang discloses that identical data are transmitted over first and second communication links (143 rd paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to transmit identical data over multi-links in Chun’s system, as suggested by Wang, to increase transmission reliability . 07-21-aia AIA Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Chun and Huang further in view of Jang et al (US 2023/0388907 A1) . Regarding claim 26, Chun discloses transmitting PPDU having link adaption in EHT (Figs. 18 and 23). Chun does not disclose that wherein the communication apparatus communicates, over the first link, an Association Request frame and an Association Response frame. Jang discloses MLD AP and MLD STA can exchange Association request and Association response through link 1 (201 st paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to exchange association request and response over a link in Chun’s system, as suggested by Jang, to determine link/capability information among devices. Conclusion Xin et al (US 2023/0121274 A1), same field of endeavor, discloses link adaptation for EHT (Figs. 12). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH VU H LY whose telephone number is (571)272-3175. 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, Nick Jensen can be reached at 571-270-5443. 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. ANH VU H. LY Primary Examiner Art Unit 2472 /ANH VU H LY/Primary Examiner, Art Unit 2472 Application/Control Number: 18/677,186 Page 2 Art Unit: 2472 Application/Control Number: 18/677,186 Page 3 Art Unit: 2472 Application/Control Number: 18/677,186 Page 4 Art Unit: 2472 Application/Control Number: 18/677,186 Page 5 Art Unit: 2472 Application/Control Number: 18/677,186 Page 6 Art Unit: 2472 Application/Control Number: 18/677,186 Page 7 Art Unit: 2472 Application/Control Number: 18/677,186 Page 8 Art Unit: 2472 Application/Control Number: 18/677,186 Page 9 Art Unit: 2472
Read full office action

Prosecution Timeline

May 29, 2024
Application Filed
Mar 20, 2026
Response after Non-Final Action
Apr 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
89%
With Interview (-0.2%)
2y 6m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1065 resolved cases by this examiner. Grant probability derived from career allowance rate.

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