Prosecution Insights
Last updated: August 17, 2026
Application No. 18/728,910

WIRELESS COMMUNICATION CONTROL DEVICE, METHOD, AND PROGRAM

Non-Final OA §102§103
Filed
Jul 15, 2024
Priority
Jan 24, 2022 — JP 2022-008443 +1 more
Examiner
COBY, FRANTZ
Art Unit
Tech Center
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
680 granted / 751 resolved
+30.5% vs TC avg
Moderate +5% lift
Without
With
+5.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
13 currently pending
Career history
758
Total Applications
across all art units

Statute-Specific Performance

§101
9.0%
-31.0% vs TC avg
§103
40.8%
+0.8% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
11.9%
-28.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 751 resolved cases

Office Action

§102 §103
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 Office Action is in response to Application filed on July 15, 2024 in which claims 1-20 are presented for examination. Information Disclosure Statement The information disclosure statement (IDS) submitted on June 04, 2025 and July 15, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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)(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. Claim(s) 1 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morioka Y et al. WO 2020012980 A1. Regarding claim 1, Morioka Y et al. disclose “a wireless communication control device comprising: a detection unit that detects a narrow-band signal of a second wireless communication system in a frequency band in which a first wireless communication system operates (See FIG. 2 which is a sequence diagram for describing an outline of an operation of the communication system 1. Communication management apparatus 10, the communication device 201, requesting transmission of reports on demand when it detects a narrowband signal (interference signal) (step S1). The report is information indicating that a narrowband signal (interference signal) has been detected (hereinafter, referred to as detection information). Communication management apparatus 10 before the communication device 20 1 detects a narrowband signal, keep sending advance request), “the narrow-band signal being a signal having a bandwidth narrower than the frequency band, the second wireless communication system being different from the first wireless communication system” (Telecommunication device 201, devices of other communication systems (hereinafter referred to as other system devices.) Upon detecting a narrowband signal (interference signal) from, and transmits the report (detection information) to the communication management apparatus 10 (Step S2). In the example of FIG. 2, other system devices, which is a communication device 40 2. Communication device 20 1 of this report may be sent immediately after detecting a narrowband signal. Alternatively, the communication device 20 1 of this report may be sent when a predetermined report timing has arrived); and “a communication control unit that performs control to transmit a wireless signal of the first wireless communication system while avoiding a first band in which the narrow-band signal is detected” by providing an apparatus (10) that has an acquisition unit which acquires the detection information of the interference signal which made the detection unit the narrow-band width narrower than the channel width prescribed by a predetermined frequency band. A management unit manages the several frequency channels contained in a predetermined frequency band in narrow-band width based on the detection information as a radio resource which several communication apparatuses use for radio communication. The management unit manages the several frequency channels acquired by a contention mode in narrow-band width as a radio resource which the several communication apparatus under control uses for radio communication (See Abstract; paragraphs [0024]-[0034], [0049], [0208]-[0210]). 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. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morioka Y et al. WO 2020012980 A1 in view of JP 2012-508523 A (QUALCOMM INCORPORATED) 05 April 2012 (2012-04-05) paragraphs [0006], [0032]-[0036], [0047] As per claims 2, most of the limitations of these claims have been noted in the rejection of claim1. Applicant’s attention is directed to the rejection of claim 1. It is noted however, Morioka Y et al. did not specifically detail the aspects of “wherein the second wireless communication system is a wireless communication system using frequency hopping” as recited on the instant claim 2. On the other hand, (QUALCOMM INCORPORATED) achieved the aforementioned claimed features (See Paragraphs 0006, 0032-0036, 0047). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the teachings of (QUALCOMM INCORPORATED) into the communication management device and method of Morioka Y et al. because that would have enhanced the versatility of Morioka Y et al. by allowing it to realize effective use of wireless resources and to realize effective use of radio resources. As per claim 18, Morioka Y et al. disclose “wherein the second wireless communication system is a frequency hopping communication system, an IEEE 802.11ah standard communication system, or a communication system such as ZigBee (registered trademark), Wi-SUN, LTE-M, or NB-IoT (Internet of Things)” (See paragraphs [0024]-[0034], [0049], [0208]-[0210]). Regarding claim 19, Morioka Y et al. disclose “a wireless communication control method comprising: by a wireless communication control device, detecting a narrow-band signal of a second wireless communication system in a frequency band in which a first wireless communication system operates” (See FIG. 2 which is a sequence diagram for describing an outline of an operation of the communication system 1. Communication management apparatus 10, the communication device 201, requesting transmission of reports on demand when it detects a narrowband signal (interference signal) (step S1). The report is information indicating that a narrowband signal (interference signal) has been detected (hereinafter, referred to as detection information). Communication management apparatus 10 before the communication device 20 1 detects a narrowband signal, keep sending advance request), “the narrow-band signal being a signal having a bandwidth narrower than the frequency band, the second wireless communication system being different from the first wireless communication system” (Telecommunication device 201, devices of other communication systems (hereinafter referred to as other system devices.) Upon detecting a narrowband signal (interference signal) from, and transmits the report (detection information) to the communication management apparatus 10 (Step S2). In the example of FIG. 2, other system devices, which is a communication device 40 2. Communication device 20 1 of this report may be sent immediately after detecting a narrowband signal. Alternatively, the communication device 20 1 of this report may be sent when a predetermined report timing has arrived); and “performing control to transmit a wireless signal of the first wireless communication system while avoiding a first band in which the narrow-band signal is detected” by providing an apparatus (10) that has an acquisition unit which acquires the detection information of the interference signal which made the detection unit the narrow-band width narrower than the channel width prescribed by a predetermined frequency band. A management unit manages the several frequency channels contained in a predetermined frequency band in narrow-band width based on the detection information as a radio resource which several communication apparatuses use for radio communication. The management unit manages the several frequency channels acquired by a contention mode in narrow-band width as a radio resource which the several communication apparatus under control uses for radio communication (See Abstract; paragraphs [0024]-[0034], [0049], [0208]-[0210]). Regarding claim 20, Morioka Y et al. disclose “a program for causing a computer to function as: a detection unit that detects a narrow-band signal of a second wireless communication system in a frequency band in which a first wireless communication system operates” (See FIG. 2 which is a sequence diagram for describing an outline of an operation of the communication system 1. Communication management apparatus 10, the communication device 201, requesting transmission of reports on demand when it detects a narrowband signal (interference signal) (step S1). The report is information indicating that a narrowband signal (interference signal) has been detected (hereinafter, referred to as detection information). Communication management apparatus 10 before the communication device 20 1 detects a narrowband signal, keep sending advance request), “the narrow-band signal being a signal having a bandwidth narrower than the frequency band, the second wireless communication system being different from the first wireless communication system” (Telecommunication device 201, devices of other communication systems (hereinafter referred to as other system devices.) Upon detecting a narrowband signal (interference signal) from, and transmits the report (detection information) to the communication management apparatus 10 (Step S2). In the example of FIG. 2, other system devices, which is a communication device 40 2. Communication device 20 1 of this report may be sent immediately after detecting a narrowband signal. Alternatively, the communication device 20 1 of this report may be sent when a predetermined report timing has arrived); and “a communication control unit that performs control to transmit a wireless signal of the first wireless communication system while avoiding a first band in which the narrow-band signal is detected” by providing an apparatus (10) that has an acquisition unit which acquires the detection information of the interference signal which made the detection unit the narrow-band width narrower than the channel width prescribed by a predetermined frequency band. A management unit manages the several frequency channels contained in a predetermined frequency band in narrow-band width based on the detection information as a radio resource which several communication apparatuses use for radio communication. The management unit manages the several frequency channels acquired by a contention mode in narrow-band width as a radio resource which the several communication apparatus under control uses for radio communication (See Abstract; paragraphs [0024]-[0034], [0049], [0208]-[0210]). Allowable Subject Matter Claims 3-17 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. The following is a statement of reasons for the indication of allowable subject matter: the prior art of record failed to, at least, disclose “a prediction unit that predicts a second time in which the narrow-band signal can be detected after a first time on a basis of the first time in which the narrow-band signal is detected, wherein the narrow-band signal is a frequency hopping signal, and the communication control unit performs control to 30 transmit the wireless signal while avoiding the second time”. These claimed features would be allowable if rewritten in independent form including all of the limitations of the base claim (1) and any intervening claims (2). Claims 4-17 would also be allowable for their dependencies, directly or indirectly, on claim 3. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANTZ COBY whose telephone number is (571)272-4017. The examiner can normally be reached Monday-Thursday 7AM-5:30PM. 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, Tonia Dollinger can be reached at (571) 272-4170. 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. /FRANTZ COBY/Primary Examiner, Art Unit 2459 July 20, 2026
Read full office action

Prosecution Timeline

Jul 15, 2024
Application Filed
Jul 23, 2026
Non-Final Rejection mailed — §102, §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
90%
Grant Probability
96%
With Interview (+5.2%)
2y 4m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 751 resolved cases by this examiner. Grant probability derived from career allowance rate.

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