Prosecution Insights
Last updated: May 29, 2026
Application No. 18/815,387

DYNAMIC CONFIGURATION OF A FLEXIBLE ORTHOGONAL FREQUENCY DIVISION MULTIPLEXING PHY TRANSPORT DATA FRAME

Non-Final OA §102
Filed
Aug 26, 2024
Priority
Aug 07, 2014 — provisional 62/034,583 +7 more
Examiner
PEREZ, JAMES M
Art Unit
2635
Tech Center
2600 — Communications
Assignee
One Media LLC
OA Round
2 (Non-Final)
90%
Grant Probability
Favorable
2-3
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
611 granted / 683 resolved
+27.5% vs TC avg
Moderate +14% lift
Without
With
+14.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
11 currently pending
Career history
699
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
50.0%
+10.0% vs TC avg
§102
19.4%
-20.6% vs TC avg
§112
19.3%
-20.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 683 resolved cases

Office Action

§102
DETAILED ACTION This action is responsive to the communications filed on 8/26/2024. Currently, claim 1 is pending. 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 § 102 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. (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. Claim 1 is concurrently rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kang et al. (US 2010/0110874: hereinafter “Kang”). With regards to claim 1, Kang teaches an apparatus and method (figs. 3-5 and 19: see [0056] for IEEE 802.16m and the per frame parameters (within each superframe) are shown by Table 1, see at least [0051-0055]. Note [0055] addresses the subframes in a frame may change based on the selected channel bandwidth, CP length, etc (as shown in Table 1). Note that the method steps are implemented as functions of the hardware), comprising: a processor configured for generating a data frame (figs. 3-5 and 19: at least the processor(s) 1920 and 1930 of the transmitter (in figure 19 which performs the functions of figure 3-5) meets this limitation. Where the superframe header of the data superframe may be broadcast [0050], thus the superframe itself may be broadcast wirelessly. Note that the ‘superframe of Kang’ is mapped to the claimed “data frame”); and a transmitter configured to wirelessly broadcast the data frame (figs. 3-5 and 19: at least the processor(s) 1920 and 1930 of the transmitter (in figure 19 which performs the functions of figure 3-5) meets this limitation. Where the superframe header of the data superframe may be broadcast [0050], thus the superframe itself may be broadcast wirelessly), wherein the data frame (figs. 3-5 and 19: as previously addressed the parameters of Table 1 (including different FFT sizes, useful portion, and cyclic prefix CP ratio/lengths) are ‘selected per 5ms frame’ within a single superframe (the superframe was previously mapped to the claimed ‘data frame’). The first set of OFDM symbols is mapped to first frame F0 (which includes OFDM symbols with useful portion and non-useful portions (e.g. the prepended CP)); and the second set of OFDM symbols is mapped to second frame F1 (which includes OFDM symbols with useful portion and non-useful portions (e.g. the prepended CP)). The frame parameters are selected from Table 1 and may be the same or different from one another) comprises: generating a first set of orthogonal frequency domain multiplexing (OFDM) symbols; and generating a second set of OFDM symbols, wherein each OFDM symbol in the first set of OFDM symbols and the second set of OFDM symbols comprises a useful portion and a cyclic prefix (CP) (figs. 3-5 and 19: as previously addressed the parameters of Table 1 (including different FFT sizes, useful portion, and cyclic prefix (CP) ratio/lengths) are ‘selected per 5ms frame’ within a single superframe. The first set of OFDM symbols is mapped to first frame F0, which includes a plurality of OFDM symbols, where each OFDM symbol in the first set of OFDM symbols individually includes ‘useful/data portion’ and ‘prepended CP’. The second set of OFDM symbols is mapped to second frame F1, which includes a plurality of OFDM symbols, where each OFDM symbol in the second set of OFDM symbols individually includes ‘useful/data portion’ and ‘prepended CP’. Where the frame parameters are selected from Table 1 and may be the same or different from one another), and wherein generating said each OFDM symbol (the processor(s) were previously addressed, and also generate each of the OFDM symbols), the processor is further configured for or further comprises (addressed below): converting a block of frequency domain data to time-domain samples using an inverse fast Fourier transform having a transform size to form the useful portion (figs. 3-5 and 19: the transmitter functions/step are shown by the figure 3 elements 202-214, which perform the stated functions. For example, the digital samples are converted from the frequency domain to the time domain via M-point IDFT/IFFT unit 208 (based on the selected FFT size for respective frame from TABLE 1) and then the CP (based on the selected CP size/ratio from TABLE 1) is prepended to each of the OFDM symbols via ‘Add CP’ unit 210. The OFDM symbols themselves are the ‘useful portion’, while overhead information such as CP is regarded in the art as non-useful information/portion. The remaining limitations were previously addressed and/or are readily apparent); and forming the cyclic prefix (CP) by prepending to said each OFDM symbol a plurality of time-domain samples from the end of the useful portion (previously addressed. Also this limitation merely states the basic concept of a cyclic prefix in regards to OFDM modulation schemes (implemented after the IFFT operation but before the digital-to-analog converter (DAC)); which is applicable to the Kang reference as well as the IEEE 802.16m standard). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and are cited in the attached PTO-892 form. Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M. Perez, telephone number (571)270-3231. The examiner can normally be reached Monday through Friday: 10am to 6pm EST. 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, David C. Payne can be reached at (571)272-3024. 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. /JAMES M PEREZ/Primary Examiner, Art Unit 2635 9/22/2025
Read full office action

Prosecution Timeline

Aug 26, 2024
Application Filed
Sep 25, 2025
Non-Final Rejection mailed — §102
Dec 19, 2025
Response Filed
May 05, 2026
Request for Continued Examination
May 07, 2026
Response after Non-Final Action
May 26, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12627324
METHODS AND APPARATUS RELATING TO COMMUNICATING AND/OR USING MINIMUM FREQUENCY SEPARATION INFORMATION TO FACILITATE CARRIER AGGREGATION AND/OR DUAL CONNECTIVITY
1y 9m to grant Granted May 12, 2026
Patent 12621021
ETHERNET DEVICE THAT PERFORMS CABLE DIAGNOSIS BY USING IEEE 802.3 COMPLIANT WAVEFORM AND ASSOCIATED ETHERNET CABLE DIAGNOSIS METHOD
2y 5m to grant Granted May 05, 2026
Patent 12609856
MULTI-CARRIER CONNECTION DESIGN VIA INTELLIGENT EXPLOITATION OF MULTI-USER DIVERSITY IN DELAY-DOPPLER DOMAIN
1y 9m to grant Granted Apr 21, 2026
Patent 12598100
TRANSMITTER BASED ON RLM COMPENSATION AND OPERATING METHOD THEREOF
1y 6m to grant Granted Apr 07, 2026
Patent 12580723
METHOD AND APPARATUS OF DESKEW PROCESS FOR A CIRCUITRY, COMPUTER STORAGE MEDIUM, AND TERMINALS
1y 10m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+14.5%)
2y 0m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 683 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month