Prosecution Insights
Last updated: April 19, 2026
Application No. 18/681,460

COMMUNICATION APPARATUS AND COMMUNICATION CONTROL METHOD

Non-Final OA §101§102
Filed
Feb 05, 2024
Examiner
ALI, SYED
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
433 granted / 526 resolved
+24.3% vs TC avg
Strong +60% interview lift
Without
With
+60.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
29 currently pending
Career history
555
Total Applications
across all art units

Statute-Specific Performance

§101
5.0%
-35.0% vs TC avg
§103
51.2%
+11.2% vs TC avg
§102
26.7%
-13.3% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 526 resolved cases

Office Action

§101 §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 . This action is in response to the application filed on February 05, 2024 Claims 1-7 are under examination. Information Disclosure Statement The information disclosure statement (IDS) submitted on 02/05/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 101 1a. 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. 1b. Claims 1-3 are rejected under 35 U.S.C. 101 because the claimed invention contains non-statutory transitory subject matter in the respective claims. Regarding Claim 1, the claimed invention is directed to non-statutory subject matter because the claimed limitation “a storage medium having computer program instructions stored” in the claim may include subject matter with transitory properties, such as, non-transitory storage. Applicant may amend the limitation in the claim to “a non-transitory storage medium having computer program instructions” to overcome the rejection. Claims 2-3 are rejected based on dependency of Claim 1. 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 – 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Uchino et al. (USP: 2017/0339745). As per Claim 1Uchino teaches a communication device comprising: a processor (Paragraph 0039 As illustrated in FIG. 3C, the user equipment 200 is arranged with a CPU (Central Processing Unit) 201 such as a processor, a memory device 202 ); and a storage medium having computer program instructions stored thereon, when executed by the processor, perform to: transmit and receive a signal to and from another communication device (Paragraph 0005, 0036, 0070 the user equipment can receive and transmit paging message. When the user equipment 200 transitions to a cell of the base station 100 in an idle state, the DRX unit 220 may determine whether the base station 100 supports the eDRX based on broadcast information received from the base station 100 ); and switch from an idle state to an operating state by a reception timing of the signal, transmit the signal while in the operating state (Paragraph 0009, 0010, 0064, 0070 the user equipment transitions to the active state at a constant DRX cycle and attempts to receive the PDCCH from the base station in the period (On duration) of the active state. User equipment transition from the idle state to the active state, which may entail increasing signaling amounts and latency, for infrequently communicating MTC (Machine Type Communication) terminals, a start timing of the reception period. A start timing of the reception period of the eDRX configured for the user equipment 200.), and switch from the operating state to the idle state after transmission/reception of the signal is performed (Paragraph 0070, 0071 when the user equipment 200 transitions to a cell of the base station 100 in an idle state. The DRX unit 220 may determine whether the base station 100 supports the eDRX based on broadcast information received from the base station 100. ). As per Claim 2 Uchino teaches the communication device according to claim 1, wherein the computer program instructions further perform to superimpose control information on the signal, calculates a transmission timing of the other communication device for the signal to receive the signal at the reception timing (Paragraph 0046, a start timing (drxStartOffset) of the eDRX reception period and controls the eDRX for the user equipment 200 such that the recognition on the HSFN, the SFN and the subframe number can be matched. The DRX control unit 120 may determine whether a subframe calculated from the managed HSFN value, SFN value and subframe number has fallen in the reception period based on a cycle and a start timing of the reception period of the eDRX configured for the user equipment 200. In one example, the DRX control unit 120 may determine that the user equipment 200 will transition to an active state in the subframe that satisfies ), and superimposes the control information indicating the transmission timing on the signal (Paragraph 0009, 0010, 0064, 0070 the user equipment transitions to the active state at a constant DRX cycle and attempts to receive the PDCCH from the base station in the period (On duration) of the active state. User equipment transition from the idle state to the active state, which may entail increasing signaling amounts and latency, for infrequently communicating MTC (Machine Type Communication) terminals, a start timing of the reception period. A start timing of the reception period of the eDRX configured for the user equipment 200.). As per Claim 3 Uchino teaches the communication device according to claim 1, wherein the computer program instructions further perform to acquire control information superimposed on the signal transmitted from the other communication device, and specifies the reception timing based on the transmission timing of the other communication device for the signal included in the control information (Paragraph 0009, 0046 FIG. 2, upon receiving a DRX MAC (Medium Access Control) CE (Control Element) including state control information from the base station to indicate that the user equipment should active the DRX. The reception period based on a cycle and a start timing of the reception period of the eDRX configured for the user equipment 200. In one example, the DRX control unit 120 may determine that the user equipment 200 will transition to an active state in the subframe that satisfies). As per Claim 4 Uchino teaches a communication device comprising: a processor; and a storage medium having computer program instructions stored thereon, when executed by the processor, perform to: transmit and receive a signal to and from another communication device (Paragraph 0005, 0036, 0070 the user equipment can receive and transmit paging message. When the user equipment 200 transitions to a cell of the base station 100 in an idle state, the DRX unit 220 may determine whether the base station 100 supports the eDRX based on broadcast information received from the base station 100 ); and transmit the signal at a transmission timing determined such that a reception timing of the other communication device for the signal is a timing at which the other communication device can receive the signal (Paragraph 0045, 0046 a start timing (drxStartOffset) of the eDRX reception period and controls the eDRX for the user equipment 200 such that the recognition on the HSFN, the SFN and the subframe number can be matched. The DRX control unit 120 may determine whether a subframe calculated from the managed HSFN value, SFN value and subframe number has fallen in the reception period based on a cycle and a start timing of the reception period of the eDRX configured for the user equipment 200. In one example, the DRX control unit 120 may determine that the user equipment 200 will transition to an active state in the subframe that satisfies), As per Claim 5 Uchino teaches the communication device according to claim 4, wherein the computer program instructions further perform to acquire control information superimposed on the signal transmitted from the other communication device, and transmit the signal at the transmission timing based on the control information (Paragraph 0009, 0045 Also, as illustrated in FIG. 2, upon receiving a DRX MAC (Medium Access Control) CE (Control Element) including state control information from the base station to indicate that the user equipment should active the DRX, the DRX control unit 120 indicates a cycle (longDRX-Cycle) and a start timing (drxStartOffset) of the eDRX reception period and controls the eDRX for the user equipment 200 such that the recognition on the HSFN, the SFN and the subframe number can be matched. ). As per Claim 6 Uchino teaches the communication device according to claim 4, wherein the computer program instructions further perform to superimpose control information including information indicating the transmission timing on the signal (Paragraph 0066, 0073 The HSFN value may be indicated in a MAC CE, for example. Also, the DRX unit 220 may indicate the HSFN value to the base station 100 at the timing of transmitting a PUSCH together with an RRC connection reconfiguration complete message. As a result, the base station 100 can know the HSFN value at the user equipment 200 backward to transmission timing of an uplink grant. the start timing of the eDRX reception period represented with values within the SFN range and a value indicative the HSFN associated with the reception period, the cycle and the start timing of the eDRX reception period represented with the values within the SFN range are indicated in “longDRX-Cycle” and ). As per Claim 7 Uchino teaches a communication control method comprising: transmitting and receiving a signal to and from another communication device (Paragraph 0005, 0036, 0070 the user equipment can receive and transmit paging message. When the user equipment 200 transitions to a cell of the base station 100 in an idle state, the DRX unit 220 may determine whether the base station 100 supports the eDRX based on broadcast information received from the base station 100 ); and switching a corresponding device from an idle state to an operating state by a reception timing of the signal, causing the corresponding device to transmit the signal while the corresponding device is in the operating state(Paragraph 0009, 0010, 0064, 0070 the user equipment transitions to the active state at a constant DRX cycle and attempts to receive the PDCCH from the base station in the period (On duration) of the active state. User equipment transition from the idle state to the active state, which may entail increasing signaling amounts and latency, for infrequently communicating MTC (Machine Type Communication) terminals, a start timing of the reception period. A start timing of the reception period of the eDRX configured for the user equipment 200.), and switching the corresponding device from the operating state to the idle state after transmission/reception of the signal is performed (Paragraph 0070, 0071 when the user equipment 200 transitions to a cell of the base station 100 in an idle state. The DRX unit 220 may determine whether the base station 100 supports the eDRX based on broadcast information received from the base station 100. ). 8. (canceled) Examiner’s Note Examiner is open for discussion if the applicant’s representative need further clarifications. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (See form 892). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED ALI whose telephone number is (571)270-3681. The examiner can normally be reached Monday-Friday 10am to 2pm. 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, ASAD NAWAZ can be reached on (571) 272-3988. 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. /SYED ALI/Primary Examiner, Art Unit 2463
Read full office action

Prosecution Timeline

Feb 05, 2024
Application Filed
Jan 29, 2026
Non-Final Rejection — §101, §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
82%
Grant Probability
99%
With Interview (+60.1%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 526 resolved cases by this examiner. Grant probability derived from career allow rate.

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