Prosecution Insights
Last updated: October 27, 2026
Application No. 18/680,255

METHOD AND DEVICE FOR COMMUNICATION

Non-Final OA §102§103
Filed
May 31, 2024
Priority
Dec 03, 2021 — continuation of PCTCN2021135546
Examiner
PHAM, NHU
Art Unit
2479
Tech Center
2400 — Computer Networks
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
64%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
22 granted / 29 resolved
+17.9% vs TC avg
Minimal -12% lift
Without
With
+-11.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
14 currently pending
Career history
47
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
54.7%
+14.7% vs TC avg
§102
33.6%
-6.4% vs TC avg
§112
7.3%
-32.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 29 resolved cases

Office Action

§102 §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 . Claim Objections Claim 15 is objected to because of the following informalities: The claims disclose a “first value” (claim 4), “second value” (claim 9), and “third value” (claim 12). However, claim 15 discloses a “fifth value”, completely skipping a fourth value. Applicant should amend “fifth value” to “fourth value” in claim 15 to maintain a proper and logical sequence. Appropriate correction is required. 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. Claims 1-9, 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lim et al. (US 20240349094). Regarding claims 1 and 19, Lim discloses: A communication method, comprising: transmitting and/or receiving, by a communication device, a trigger frame carrying sensing measurement related information. ([0216] The first STA may transmit a sensing polling frame to check (or confirm) whether to participate in the sensing measurement to the first at least one STA participating in the sensing procedure (S1510); [0219] Specifically, the sensing polling frame includes a trigger type subfield, and a variant of the sensing polling frame may be indicated as a sensing trigger frame by the trigger type subfield. For example, if the value of the trigger type subfield is set to one of 8 to 15, the variant of the sensing polling frame may be indicated as a sensing trigger frame.) Regarding claim 2, Lim discloses: wherein the sensing measurement related information comprises a field for indicating trigger frame type dependent common information. ([0220] Additionally, the sensing polling frame may include a trigger dependent common info field.) Regarding claim 3, Lim discloses: wherein the field for indicating the trigger frame type dependent common information comprises a field for indicating a sensing trigger frame subtype. ([0243] A sensing trigger frame may be divided into a plurality of sub-variants or subtypes. The trigger dependent common information field of the sensing trigger frame variant frame may be used to indicate the corresponding sub-variant or subtype.) Regarding claim 4, Lim discloses: wherein a value of the field for indicating the sensing trigger frame subtype is a first value, indicating that the trigger frame is a sensing measurement poll trigger frame. ([0244] The 2-bit sensing trigger subtype field may be configured as shown in Table 2 below. In the sensing polling phase, the value of the sensing trigger subtype field may include a value indicating a poll/sensing request (for example, 0). TABLE-US-00002 TABLE 2 Sensing trigger Sensing trigger frame subtype field value subtype (or subvariant) 0 Poll/Sensing request, 1 Measurement/Sounding) Regarding claim 5, Lim discloses: wherein the sensing measurement poll trigger frame is used to trigger a transmission of an uplink extremely high throughput (EHT) trigger based (TB) physical layer protocol data unit (PPDU). ([0249] For example, the sensing initiator may transmit a sensing polling frame (or a sensing (pol) trigger frame) … The sensing responder who has received the sensing polling frame may transmit a sensing response frame … through the sensing polling frame are received to the sensing initiator. [0250] Here, the sensing response frame may be transmitted in TB PPDU format [0252] the TB PPDU configured including the sensing response frame may be configured using the EHT PPDU format. For example, when the sensing response frame is transmitted using the EHT TB PPDU format) Regarding claim 6, Lim discloses: wherein the field for indicating the trigger frame type dependent common information is a field in an EHT variant common information field of the sensing measurement poll trigger frame. ([0240] The trigger frame may include common information and user information list fields in the frame body. The common information field may include information commonly applied to the transmission of one or more TB PPDUs (e.g., EHT TB PPDU) requested by a trigger frame, for example, trigger type, UL length, presence of subsequent trigger frame (e.g. More TF), CS (channel sensing) required, UL BW (bandwidth), etc. [0220] Additionally, the sensing polling frame may include a trigger dependent common info field. The trigger dependent common information field may include a sensing trigger sub-variant field indicating a sub-variant of the sensing polling frame) Regarding claim 7, Lim discloses: wherein the sensing measurement poll trigger frame is used to trigger a transmission of uplink high efficiency (HE) TB PPDU. (([0249] For example, the sensing initiator may transmit a sensing polling frame (or a sensing (pol) trigger frame) … The sensing responder who has received the sensing polling frame may transmit a sensing response frame … through the sensing polling frame are received to the sensing initiator. [0250] Here, the sensing response frame may be transmitted in TB PPDU format [0252] the TB PPDU configured including the sensing response frame may be configured using the HE PPDU format. [0253] the TB PPDU transmitting the sensing response frame may be transmitted using the same PPDU format (e.g., HE PPDU or EHT PPDU format) as the PPDU format in which the sensing polling frame (or sensing trigger frame) is transmitted.) Regarding claim 8, Lim discloses: wherein the field for indicating the trigger frame type dependent common information is a field in an HE variant common information field of the sensing measurement poll trigger frame. ([0240] The trigger frame may include common information and user information list fields in the frame body. The common information field may include information commonly applied to the transmission of one or more TB PPDUs (e.g., HE TB PPDU) requested by a trigger frame, for example, trigger type, UL length, presence of subsequent trigger frame (e.g. More TF), CS (channel sensing) required, UL BW (bandwidth), etc. [0220] Additionally, the sensing polling frame may include a trigger dependent common info field. The trigger dependent common information field may include a sensing trigger sub-variant field indicating a sub-variant of the sensing polling frame) Regarding claim 9, Lim discloses: wherein a value of the field for indicating the sensing trigger frame subtype is a second value, indicating that the trigger frame is a sensing measurement trigger frame. ([0244] The 2-bit sensing trigger subtype field may be configured as shown in Table 2 below. TABLE-US-00002 TABLE 2 Sensing trigger Sensing trigger frame subtype field value subtype (or subvariant): 0 Poll/Sensing request, 1 Measurement/Sounding… [0245] the value of the set token field may be transmitted and included in the NDP announcement frame/trigger frame/report frame used in the measurement phase.) Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 10-11 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 20240349094) in view of Pushkarna et al. (US 20240406990). Regarding claim 10, Lim does not disclose: wherein the sensing measurement trigger frame is used to trigger a transmission of an uplink EHT TB sensing measurement frame. However, Pushkarna discloses: wherein the sensing measurement trigger frame is used to trigger a transmission of an uplink EHT TB sensing measurement frame. ([0074] A Sensing NDP frame may be transmitted following a Sensing NDPA frame or in response to a sensing trigger, for example the sensing trigger type variant as shown in illustration 1000 of FIG. 10. a Sensing NDP may be the same format as one of existing NDPs, e.g. HT NDP, VHT NDP, HE NDP, HE Ranging NDP/HE TB Ranging NDP (including Ranging NDP with Secure HE-LTFs) or EHT NDP) It would be obvious to the person of ordinary skilled in the art to modify the teachings of Lim with the teachings of Pushkarna to include the sensing measurement trigger frame is used to trigger a transmission of an uplink EHT TB sensing measurement frame. The motivation would have been to perform WLAN sensing procedure in an efficient manner (Pushkarna ¶ [0004]) by utilizing Physical Protocol Data Units (PPDUs) such as a null data PPDU (NDP) for sensing (Pushkarna ¶ [0003]) wherein “a Sensing NDP may be the same format as one of existing NDPs, e.g. HT NDP, VHT NDP, HE NDP … or EHT NDP” (Pushkarna ¶ [0074]). Regarding claim 11, Lim discloses: an variant common information field of the sensing measurement trigger frame. ([0240] The trigger frame may include common information and user information list fields in the frame body. The common information field may include a trigger frame, for example, trigger type, UL length, presence of subsequent trigger frame (e.g. More TF), CS (channel sensing) required, UL BW (bandwidth), etc. [0220] Additionally, the sensing polling frame may include a trigger dependent common info field. The trigger dependent common information field may include a sensing trigger sub-variant field indicating a sub-variant of the sensing polling frame) Lim does not disclose: wherein the field for indicating the trigger frame type dependent common information is a field for EHT … of the sensing measurement trigger frame However, Pushkarna discloses: wherein the field for indicating the trigger frame type dependent common information is a field for EHT … of the sensing measurement trigger frame. ([0075] FIG. 9 depicts an illustration of a STA Info field format 900 in an EHT NDPA frame … a Sensing Trigger instead of an NDPA frame may be used … In Sensing Trigger format 1000, Sensing Trigger Subtype field 1002 may be used to signal a Sensing Trigger frame subvariant (e.g. measurement poll, sounding, etc). For example, a trigger type subfield value of 9 (e.g. entry 1006 of table 1004) may be indicated in the Sensing Trigger Subtype field 1002 to signal that this is a Sensing Trigger frame; [0083] The rule for NDPs may be the same as those described for Sensing NDP. The sensing receiver STA 1302 may use either regular PPDUs 1306 or Sensing NDPs.) It would be obvious to the person of ordinary skilled in the art to modify the teachings of Lim with the teachings of Pushkarna to include the field for indicating the trigger frame type dependent common information is a field for EHT variant common information field of the sensing measurement trigger frame. The motivation would have been to perform WLAN sensing procedure in an efficient manner (Pushkarna ¶ [0004]) by utilizing Physical Protocol Data Units (PPDUs) such as a null data PPDU (NDP) for sensing (Pushkarna ¶ [0003]) wherein “a Sensing NDP may be the same format as one of existing NDPs, e.g. HT NDP, VHT NDP, HE NDP … or EHT NDP” (Pushkarna ¶ [0074]). Regarding claim 13, Lim does not disclose: wherein the sensing measurement trigger frame is used to trigger a transmission of an uplink HE TB sensing measurement frame. However, Pushkarna discloses: wherein the sensing measurement trigger frame is used to trigger a transmission of an uplink HE TB sensing measurement frame. ([0074] A Sensing NDP frame may be transmitted following a Sensing NDPA frame or in response to a sensing trigger; [0082] referring to FIG. 12, a Sensing NDP may be defined as an HE Sensing NDP 1200) It would be obvious to the person of ordinary skilled in the art to modify the teachings of Lim with the teachings of Pushkarna to include the sensing measurement trigger frame is used to trigger a transmission of an uplink HE TB sensing measurement frame. The motivation would have been to perform WLAN sensing procedure in an efficient manner (Pushkarna ¶ [0004]) by utilizing Physical Protocol Data Units (PPDUs) such as a null data PPDU (NDP) for sensing (Pushkarna ¶ [0003]) wherein “a Sensing NDP may be the same format as one of existing NDPs, e.g. HT NDP, VHT NDP, HE NDP … or EHT NDP” (Pushkarna ¶ [0074]). Regarding claim 14, Lim discloses: wherein the field for indicating the trigger frame type dependent common information is a field in an HE variant common information field of the sensing measurement poll trigger frame. (([0240] The trigger frame may include common information and user information list fields in the frame body. [0220] Additionally, the sensing polling frame may include a trigger dependent common info field. The trigger dependent common information field may include a sensing trigger sub-variant field indicating a sub-variant of the sensing polling frame. [0114] An example of the HE PPDU format (IEEE 802.11 ax) additionally includes Repeated L-SIG (RL-SIG). HE-SIG-A, HE-SIG-B, HE-STF, HE-LTF(s), Packet Extension (PE) field) Lim does not disclose: an HE variant common information field of the sensing measurement trigger frame. However, Pushkarna discloses: an HE variant common information field of the sensing measurement trigger frame. ([0082] a Sensing NDP may be defined as an HE Sensing NDP 1200 as per following rules: No Q matrix is applied to the waveform; a Beamformed field in HE-SIG-A 1202 of the Sensing NDP 1200 is always set to 0; for transmission of HE-STF 1204 and HE-LTFs 1206) It would be obvious to the person of ordinary skilled in the art to modify the teachings of Lim with the teachings of Pushkarna to include the field for indicating the trigger frame type dependent common information is a field in an HE variant common information field of the sensing measurement trigger frame. The motivation would have been to provide methods and apparatuses for opportunistic wireless local area network (WLAN) sensing (Pushkarna ¶ [[0001]). Claims 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 20240349094) in view of Pushkarna et al. (US 20240406990) further in view of Ding et al. (US 20230370237). Regarding claim 12, combination of Lim and Pushkarna does not disclose: wherein in an EHT variant common information field of the sensing measurement trigger frame, at least one of following becomes a reserved field and/or is set to a third value: a low density parity check code (LDPC) extra symbol segment field, a forward error correction (FEC) pre-filled factor field, or a packet extension (PE) disambiguation field. However, Ding discloses: wherein in an EHT variant common information field of the sensing measurement trigger frame, at least one of following becomes a reserved field and/or is set to a third value: a low density parity check code (LDPC) extra symbol segment field, a forward error correction (FEC) pre-filled factor field, or a packet extension (PE) disambiguation field. ([0107] The LDPC Extra Symbol Segment subfield, Pre-FEC Padding Factor subfield, PE Disambiguity subfield, UL Spatial Reuse subfield, and Doppler subfields in the Common Info field are reserved; [0105] The Common field 602 comprises a Trigger Type subfield 606, a UL Length subfield, a More TF subfield, a CS Required subfield, a UL Bandwidth (BW) subfield, a GI and LTF Type subfield, a Number of EHT-LTF Symbols And Midamble Periodicity subfield, a Low Density Parity Check (LDPC) Extra Symbol Segment subfield, an AP Transmission (Tx) Power subfield, a PE Disambiguity subfield, a UL Spatial Resue subfield, a Doppler subfield a UL U-SIG Reserved subfield and a Trigger Dependent Common Info field.) It would be obvious to the person of ordinary skilled in the art to modify the teachings of combination of Lim and Pushkarna with the teachings of Ding to include an EHT variant common information field of the sensing measurement trigger frame, at least one of following becomes a reserved field and/or is set to a third value: a low density parity check code (LDPC) extra symbol segment field, a forward error correction (FEC) pre-filled factor field, or a packet extension (PE) disambiguation field. The motivation would have been to provide feasible technical solutions for multi-AP based NDP feedback report in the context of EHT WLAN (Ding ¶[0005]) and provide significant peak throughput and capacity increase beyond 802.11ax high efficiency (HE) WLAN (Ding ¶[0003]) by utilizing a trigger frame format where the LDPC Extra Symbol Segment subfield, Pre-FEC Padding Factor subfield, PE Disambiguity subfield, UL Spatial Reuse subfield, and Doppler subfields in the Common Info field are reserved (Ding ¶[0107]). Regarding claim 15, Lim discloses: HE variant common information field ([0240] The trigger frame may include common information and user information list fields in the frame body. The common information field may include information commonly applied to the transmission of one or more TB PPDUs (e.g., HE TB PPDU) requested by a trigger frame, for example, trigger type, UL length, presence of subsequent trigger frame (e.g. More TF), CS (channel sensing) required, UL BW (bandwidth), etc.) However, combination of Lim and Pushkarna does not disclose: wherein in an … variant common information field of the sensing measurement trigger frame, at least one of following becomes a reserved field and/or is set to a fifth value: an LDPC extra symbol segment field, an FEC pre-filled factor field, a PE disambiguation field, a Doppler field, an uplink space time block coding field, or a multiple user multiple-input multiple-output (MU-MIMO) HE-LTF mode field. Ding discloses: wherein in an … variant common information field of the sensing measurement trigger frame, at least one of following becomes a reserved field and/or is set to a fifth value: an LDPC extra symbol segment field, an FEC pre-filled factor field, a PE disambiguation field, a Doppler field, an uplink space time block coding field, or a multiple user multiple-input multiple-output (MU-MIMO) HE-LTF mode field. ([0107] The LDPC Extra Symbol Segment subfield, Pre-FEC Padding Factor subfield, PE Disambiguity subfield, UL Spatial Reuse subfield, and Doppler subfields in the Common Info field are reserved.) It would be obvious to the person of ordinary skilled in the art to modify the teachings of combination of Lim and Pushkarna with the teachings of Ding to include wherein in an HE variant common information field of the sensing measurement trigger frame, at least one of following becomes a reserved field and/or is set to a fifth value: an LDPC extra symbol segment field, an FEC pre-filled factor field, a PE disambiguation field, a Doppler field, an uplink space time block coding field, or a multiple user multiple-input multiple-output (MU-MIMO) HE-LTF mode field. The motivation would have been to provide feasible technical solutions for multi-AP based NDP feedback report in the context of EHT WLAN (Ding ¶[0005]) and provide significant peak throughput and capacity increase beyond 802.11ax high efficiency (HE) WLAN (Ding ¶[0003]) by utilizing a trigger frame format where the LDPC Extra Symbol Segment subfield, Pre-FEC Padding Factor subfield, PE Disambiguity subfield, UL Spatial Reuse subfield, and Doppler subfields in the Common Info field are reserved (Ding ¶[0107]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHU PHAM whose telephone number is (703)756-4511. The examiner can normally be reached Monday - Friday: 7:30 am - 5 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jae Y. Lee can be reached at (571) 270-3936. 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. /NHU PHAM/Examiner, Art Unit 2479 /JAE Y LEE/Supervisory Patent Examiner, Art Unit 2479
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Prosecution Timeline

May 31, 2024
Application Filed
Oct 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
64%
With Interview (-11.6%)
3y 2m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 29 resolved cases by this examiner. Grant probability derived from career allowance rate.

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