Prosecution Insights
Last updated: April 19, 2026
Application No. 18/689,285

AP-Orchestrated Overlaid Transmissions

Non-Final OA §103
Filed
Mar 05, 2024
Examiner
SOLINSKY, PETER G
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
91%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
611 granted / 685 resolved
+31.2% vs TC avg
Minimal +2% lift
Without
With
+1.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
23 currently pending
Career history
708
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
32.9%
-7.1% vs TC avg
§112
6.2%
-33.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 685 resolved cases

Office Action

§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 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 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. Claim(s) 59 - 57, 59 - 67, and 69 - 72 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim, U.S. Patent Publication Nol 2017/0325266 in view of Kwok, U.S. Patent No. 10,885,597. Kim teaches sending multiple transmissions in a wireless communications system. Kim does not teach sending transmissions without first scheduling them. However, Kwok teaches sending unscheduled transmissions. It would have been obvious to one skilled in the art at the time of filing to modify the teachings of Kim to incorporate the known technique of unscheduled transmissions as taught by Kwok in order to obtain the predictable result of minimizing signaling overhead. The combination teaches: 49. (New) A method of controlling wireless transmissions in a wireless communication system, the method comprising: an access point of the wireless communication system reserving a transmission opportunity (TXOP) on a wireless channel (TXOP for transmission, [0062], Kim); the access point determining, for a wireless station associated with the access point, a first set of one or more transmit parameters to be applied in a scheduled first wireless transmission from the wireless station to the access point (MCS information that is to be used for transmission of data, [0062], Kim); the access point sending a message for triggering the first wireless transmission by the wireless station, the message indicating the first set of one or more transmit parameters (trigger frame includes information for transmission, [0062], Kim), and further indicating a second set of one or more transmit parameters (trigger frame includes information for transmission, [0062], Kim) and that at least one additional wireless station receiving the message is allowed to perform a second wireless transmission in the TXOP (trigger frame includes information for a plurality of STAs, [0062], Kim) for a duration smaller than the first wireless transmission (size of data transmitted by the plurality of STAs may be different from one another, [0063], Kim) and using the indicated second set of one or more transmit parameters (the MCS may be different for each STA, [0063], Kim) and radio resources which are at least in part overlapping with radio resources allocated to the first wireless transmission, wherein the second wireless transmission does not require scheduling (opportunistic data transmission occurs in unscheduled data transmissions at discrete opportunities, claim 1, Kwok). 50. (New) The method of claim 49, comprising: in response to detecting a need for the first wireless transmission, the access point determining the first set of one or more transmit parameters and the second set of one or more transmit parameters taking into account a possible occurrence of the second wireless transmission from the at least one additional wireless station (opportunistic network may be a Wi-Fi access point or any WAN or LAN that does not provide scheduling for real time communications, Kwok, col. 14, lines 1 – 8). 51. (New) The method of claim 49, wherein the first set of one or more transmit parameters comprises a first set of one or more resource units defined by orthogonal frequency division multiplexing (OFDM) and wherein the second set of one or more transmit parameters comprises a second set of one or more resource units defined by OFDM, the second set of one or more resource units being at least in part overlapping with the first set of one or more first resource units (transmission on overlapping resources, Kim, abstract). 52. (New) The method of claim 51, wherein the second set of one or more resource units is a subset of the first set of one or more resource units (trigger frame includes information for a plurality of STAs, [0062], Kim, each set may be identical, but an entire set identical sets are subsets of one another). 53. (New) The method of claim 49, wherein each of the first and second sets of one or more transmit parameters comprises a respective one or more of any one or more of the following: spatial streams, modulation and coding scheme, and transmit power (the MCS may be different for each STA, [0063], Kim). 54. (New) The method of claim 49, wherein the second set of one or more transmit parameters comprises a maximum duration of the second wireless transmission (uplink size is transmitted to each station, [0062], Kim, this is considered the maximum duration). 55. (New) The method of claim 49, wherein the second wireless transmission starts after the first wireless transmission (this is a matter of design choice and not given much patentable weight). 56. (New) The method of claim 49, wherein the second wireless transmission ends before the first wireless transmission (this is a matter of design choice and not given much patentable weight). 57. (New) The method of claim 49, wherein OFDM symbols of the second wireless transmission are time-aligned with OFDM symbols of the first wireless transmission (OFDM is utilized with an overlapping time resource, [0051], Kim). 59. (New) The method of claim 49, further comprising: the access point receiving the first wireless transmission by a first receive processing chain of the access point (opportunistic data transmission occurs in unscheduled data transmissions at discrete opportunities, claim 1, Kwok); and the access point receiving the second wireless transmission by a second receive processing chain of the access point (opportunistic data transmission occurs in unscheduled data transmissions at discrete opportunities, claim 1, Kwok). 60. (New) The method of claim 49, comprising: the access point sending an indication of a capability of the access point to control the first wireless transmission and the second wireless transmission, wherein the access point sends the indication of the capability in a beacon frame, an association-response frame, a re-association-response frame, or a probe-response frame (communication is based on the capability of the STAs, [0050], Kim). 61. (New) The method of claim 49, comprising: the access point receiving an indication of a capability of the at least one additional wireless station to interpret receiving the message and to handle the second wireless transmission, wherein the access point receives the indication of the capability in an association- request frame, re-association-request frame, or a probe-request frame (communication is based on the capability of the STAs, [0050], Kim). 62. (New) A method of controlling wireless transmissions in a wireless communication system, the method comprising: a wireless station receiving, from an access point of the wireless communication system, a message for triggering a scheduled first wireless transmission by another wireless station in a TXOP reserved by the access point (TXOP for transmission, [0062], Kim), the message indicating a first set of one or more transmit parameters to be used by the other wireless station when performing the first wireless transmission (MCS information that is to be used for transmission of data, [0062], Kim) and further indicating a second set of one or more transmit parameters (trigger frame includes information for transmission, [0062], Kim) and that the wireless station is allowed to perform a second wireless transmission in the TXOP for a duration smaller than the first wireless transmission and using the indicated second set of one or more transmit parameters and radio resources which are at least in part overlapping with radio resources allocated to the first wireless transmission; and in response to the message, the wireless station performing the second wireless transmission in the TXOP with a duration smaller than the first wireless transmission and using the indicated second set of one or more transmit parameters on radio resources which are at least in part overlapping with radio resources allocated to the first wireless transmission, wherein the second wireless transmission does not require scheduling (opportunistic data transmission occurs in unscheduled data transmissions at discrete opportunities, claim 1, Kwok). 63. (New) The method of claim 62, wherein the first set of one or more transmit parameters comprises one or more resource units defined by orthogonal frequency division multiplexing (OFDM) on the wireless channel, and wherein the second set of one or more transmit parameters comprises a second set of one or more resource units defined by OFDM, the second set of one or more resource units being at least in part overlapping with the first set of one or more first resource units (transmission on overlapping resources, Kim, abstract). 64. (New) The method of claim 63, wherein the second set of one or more resource units is a subset of the first set of one or more resource units (trigger frame includes information for a plurality of STAs, [0062], Kim, each set may be identical, but an entire set identical sets are subsets of one another). 65. (New) The method of claim 62, wherein each of the first and second sets of one or more transmit parameters comprises a respective one or more of any one or more of the following: spatial streams, modulation and coding scheme, and transmit power (the MCS may be different for each STA, [0063], Kim). 66. (New) The method of claim 62, wherein the second set of one or more transmit parameters comprises a maximum duration of the second wireless transmission (uplink size is transmitted to each station, [0062], Kim, this is considered the maximum duration). 67. (New) The method of claim 62, wherein OFDM symbols of the second wireless transmission are time-aligned with OFDM symbols of the first wireless transmission (OFDM is utilized with an overlapping time resource, [0051], Kim). 69. (New) The method of claim 62, comprising: the wireless station receiving an indication of a capability of the access point to control the first wireless transmission and the second wireless transmission, wherein the wireless station receives the indication of the capability in a beacon frame, an association frame, a re-association frame, or a probe-response frame; and the wireless station sending the second wireless transmission based on the received indication of the capability (communication is based on the capability of the STAs, [0050], Kim). 70. (New) The method of claim 62, comprising: the wireless station sending an indication of a capability of the wireless station to interpret receiving the message and to handle the second wireless transmission, wherein the wireless station sends the indication of the capability in an association-request frame, re- association-request frame, or a probe-request frame (communication is based on the capability of the STAs, [0050], Kim). 71. (New) An access point for a wireless communication system, the access point comprising at least one processor, and a memory containing program code executable by the at least one processor, whereby execution of the program code by the at least one processor causes the access point to: reserve a transmission opportunity (TXOP) on a wireless channel (TXOP for transmission, [0062], Kim); determine, for a wireless station associated with the access point, a first set of one or more transmit parameters to be applied in a scheduled first wireless transmission from the wireless station to the access point (MCS information that is to be used for transmission of data, [0062], Kim); send a message for triggering the first wireless transmission by the wireless station, the message indicating the first set of one or more transmit parameters (trigger frame includes information for transmission, [0062]), and further indicating a second set of one or more transmit parameters (trigger frame includes information for transmission, [0062], Kim) and that at least one additional wireless station receiving the message is allowed to perform a second wireless transmission in the TXOP for a duration smaller than the first wireless transmission (size of data transmitted by the plurality of STAs may be different from one another, [0063], Kim) and using the indicated second set of one or more transmit parameters and radio resources which are at least in part overlapping with radio resources allocated to the first wireless transmission (the MCS may be different for each STA, [0063], Kim), wherein the second wireless transmission does not require scheduling (opportunistic data transmission occurs in unscheduled data transmissions at discrete opportunities, claim 1, Kwok). 72. (New) A wireless station for a wireless communication system, the wireless station comprising: at least one processor, and a memory containing program code executable by the at least one processor, whereby execution of the program code by the at least one processor causes the wireless station to: receive, from an access point of the wireless communication system, a message for triggering a scheduled first wireless transmission by another wireless station in a TXOP reserved by the access point (TXOP for transmission, [0062], Kim), the message indicating a first set of one or more transmit parameters to be used by the other wireless station when performing the first wireless transmission (MCS information that is to be used for transmission of data, [0062], Kim) and further indicating a second set of one or more transmit parameters (trigger frame includes information for transmission, [0062], Kim) and that the wireless station is allowed to perform a second wireless transmission in the TXOP for a duration smaller than the first wireless transmission (size of data transmitted by the plurality of STAs may be different from one another, [0063], Kim) and using the indicated second set of one or more transmit parameters and radio resources which are at least in part overlapping with radio resources allocated to the first wireless transmission (the MCS may be different for each STA, [0063], Kim); and in response to the message, perform the second wireless transmission in the TXOP with a duration smaller than the first wireless transmission and using the indicated second set of one or more transmit parameters on radio resources which are at least in part overlapping with radio resources allocated to the first wireless transmission, wherein the second wireless transmission does not require scheduling (opportunistic data transmission occurs in unscheduled data transmissions at discrete opportunities, claim 1, Kwok). Claim(s) 58 and 68 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kwok as applied to claims 49 and 62 above, and further in view of Lei, U.S. Patent Publication No. 2020/0351948. Kim in view of Kwok teach a wireless communications system which can send data without scheduling. The combination does not teach utilization of preamble fields. However, Lei teaches utilizing preamble fields. It would be obvious to one skilled in the art at the time of filing to modify the combination of Kim in view of Kwok to incorporate the known technique of utilizing preamble fields as taught by Lei in order to obtain the predictable result of incorporating signaling from a communications standard. The combination teaches: 58. (New) The method of claim 49, wherein the first wireless transmission and the second wireless transmission each comprise a preamble part and a data part, wherein the preamble part of the first wireless transmission and the preamble part of the second wireless transmission are non-overlapping in time (utilizes separate sets of preamble fields, [0065], Lei). 68. (New) The method of claim 62, wherein the first wireless transmission and the second wireless transmission each comprise a preamble part and a data part, wherein the preamble part of the first wireless transmission and the preamble part of the second wireless transmission are non-overlapping in time (utilizes separate sets of preamble fields, [0065], Lei). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER G SOLINSKY whose telephone number is (571)270-7216. The examiner can normally be reached M - Th, 6:30 A - 5:00 P. 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 at 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. PETER G. SOLINSKY Examiner Art Unit 2463 /Peter G Solinsky/Primary Examiner, Art Unit 2463
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Prosecution Timeline

Mar 05, 2024
Application Filed
Feb 19, 2026
Non-Final Rejection — §103 (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
89%
Grant Probability
91%
With Interview (+1.9%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 685 resolved cases by this examiner. Grant probability derived from career allow rate.

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