Prosecution Insights
Last updated: July 17, 2026
Application No. 18/832,647

COMMUNICATION METHOD AND APPARATUS, AND DEVICE AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
Jul 24, 2024
Priority
Jan 26, 2022 — nonprovisional of PCTCN2022074045
Examiner
SWEET, LONNIE V
Art Unit
Tech Center
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
644 granted / 747 resolved
+26.2% vs TC avg
Moderate +15% lift
Without
With
+14.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
14 currently pending
Career history
764
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
86.3%
+46.3% vs TC avg
§102
6.4%
-33.6% vs TC avg
§112
2.7%
-37.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 747 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 . Response to Amendment Receipt is acknowledged of the amendment filed 7/24/2024. Claims 1-4, 10, 15-18, 24 and 27-28 have been amended. Claims 11-14, 19, 23, 25-26 and 29 have been canceled. No claims have been added. Claims 1-10, 15-18, 20-22, 24 and 27-28 are pending and an action is as follows. 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)(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(s) 1, 4, 6, 9, 15, 18 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by “Discussion on Measurement Setup ID Setting in SBP case” by Pei Zhou (hereinafter Zhou) as filed in the IDS by Applicant as Applicant Admitted Prior Art. Regarding claim 1, Zhou teaches a communication method, applied to a Wireless Local Area Network (WLAN) sensing initiator, wherein the method comprises: ([See Zhou, figure of slide 3] Depicts the method of communication applied to a WLAN sensing initiator as shown in the figure below.) PNG media_image1.png 672 1076 media_image1.png Greyscale receiving a first message frame sent by a WLAN sensing proxy, wherein the first message frame comprises a sensing measurement result, and at least one of a WLAN sensing measurement setup identification or a proxy measurement identification corresponding to the sensing measurement result. (The figure of Zhou shown above depicts the STA 3 sends an SBP Request frame to the AP to request that the AP performs sensing measurement for it (as a Sensing Proxy AP), after which the STA 3 receives a SBP response frame/Measurement Report, interpreted as the claimed “first message frame”, sent by the WLAN sensing proxy AP. Zhou also suggests that the SBP Report is also the same as the SBP Response frame in the on Slide 4, therefore the disclosed “Measurement Report” or otherwise noted as the “SBP Report” are interpreted as equivalent terms to “SBP Response frame”. Additional disclosure provided in the figures below depicts the SBP response frame/Measurement Report (“first message frame”) also comprises a Measurement Setup ID, as indicated in the “Key points” section of the Figure of slide 5 of Zhou. Furthermore, Zhou also teaches in Slide 2, wherein the measurement results obtained in a WLAN sensing procedure resultant from an SBP request shall be reported to the SBP requesting station. Therefore, the Examiner as determined that the disclosure of Zhou suggests that SBP response frame, being the report to the SBP requesting STA, comprises both the measurement results and the WLAN sensing Measurement Setup ID.) PNG media_image2.png 686 1108 media_image2.png Greyscale PNG media_image3.png 674 1140 media_image3.png Greyscale PNG media_image4.png 596 1042 media_image4.png Greyscale Regarding claim 15, Zhou teaches a communication method, applied to a Wireless Local Area Network (WLAN) sensing proxy, wherein the method comprises: sending a first message frame to a WLAN sensing initiator, wherein the first message frame comprises a sensing measurement result, and at least one of a WLAN sensing measurement setup identification or a proxy measurement identification corresponding to the sensing measurement result. (The figure of Zhou shown above depicts the STA 3 sends an SBP Request frame to the AP to request that the AP performs sensing measurement for it (as a Sensing Proxy AP), after which the STA 3 receives a SBP response frame/Measurement Report, interpreted as the claimed “first message frame”, sent by the WLAN sensing proxy AP. Zhou also suggests that the SBP Report is also the same as the SBP Response frame in the on Slide 4, therefore the disclosed “Measurement Report” or otherwise noted as the “SBP Report” are interpreted as equivalent terms to “SBP Response frame”. Additional disclosure provided in the figures below depicts the SBP response frame/Measurement Report (“first message frame”) also comprises a Measurement Setup ID, as indicated in the “Key points” section of the Figure of slide 5 of Zhou. Furthermore, Zhou also teaches in Slide 2, wherein the measurement results obtained in a WLAN sensing procedure resultant from an SBP request shall be reported to the SBP requesting station. Therefore, the Examiner as determined that the disclosure of Zhou suggests that SBP response frame, being the report to the SBP requesting STA, comprises both the measurement results and the WLAN sensing Measurement Setup ID.) Regarding claim 4, Zhou teaches the method according to claim 1, further comprising: sending a fourth message frame, wherein the fourth message frame indicates to return the sensing measurement result. ([Zhou, Slide 2] Zhou teaches wherein the SBP request frame, interpreted as the claimed “fourth message frame”, indicates to return the sensing measurement result, as noted by Slide 2 of Zhou which recites that the “Measurement results obtained in a WLAN sensing procedure resultant from an SBP request shall be reported to the SBP requesting STA”. Thus, the SBP request frame itself is the indication to return the sensing measurement result.) Regarding claim 6, Zhou teaches the method according to claim 1, wherein receiving the first message frame sent by the WLAN sensing proxy comprises: receiving the first message frame sent by the WLAN sensing proxy within a first sending opportunity. ([Zhou, Slide 3] The STA 3 receives the first message which is depicted as the SBP Response frame by the WLAN sensing proxy AP within the time and frequency WLAN resources which is interpreted as the first sending opportunity.) Regarding claim 9, Zhou teaches the method according to claim 4, wherein sending the fourth message frame comprises: sending the fourth message frame within a first sending opportunity. ([Zhou, Slide 2] Zhou teaches wherein the SBP request frame, interpreted as the claimed “fourth message frame”, is sent using time and network resources considered to be the first sending opportunity) Regarding claim 18, Zhou teaches the method according to claim 15, further comprising: receiving a fourth message frame sent by the WLAN sensing initiator, wherein the fourth message frame indicates to return the sensing measurement result. ([Zhou, Slide 2] Zhou teaches wherein the received SBP request frame, interpreted as the claimed “fourth message frame”, is sent using time and network resources considered to be the first sending opportunity and indicates to return the measurement result in a report/SBP response frame) Regarding claim 20, Zhou teaches the method according to claim 15, wherein sending the first message frame to the WLAN sensing initiator comprises: sending the first message frame to the WLAN sensing initiator within a first sending opportunity. ([Zhou, Slide 3] The STA 3, which initiates the SBP sensing, receives the first message which is depicted as the SBP Response frame by the WLAN sensing proxy AP within the time and frequency WLAN resources which is interpreted as the first sending opportunity.) Claim Rejections - 35 USC § 103 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) 2, 5, 7, 16, 21 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou as applied to claims 1, 4 and 15 above, and further in view of LIM et al. US 2024/0049135 (hereinafter LIM). Regarding claim 2, Zhou teaches the method according to claim 1, further comprising: Wherein the WLAN sensing proxy AP is able to participate in WLAN sensing and measurement [See Zhou, Slide 2]. But it does not teach receiving a second message frame sent by the WLAN sensing proxy, wherein the second message frame requests to return the sensing measurement result. However, LIM teaches receiving a second message frame sent by the WLAN sensing proxy, wherein the second message frame requests to return the sensing measurement result. (LIM teaches wherein the AP (which is the WLAN sensing proxy of Zhou) is a responder that may send to the initiator STA which receives a CTS frame or sensing response frame which allows the responder to confirm its participation in sensing and its availability on the channel such that the responder may participate is sensing and returning measurements [LIM, ¶230 and ¶234].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhou, indicating that the AP may perform Sensing by proxy in a WLAN communication network to send and receive measurements as part of a response frame to a received request frame, with the teachings of LIM indicating that the AP (which is the WLAN sensing proxy of Zhou) is a responder that may send to the initiator STA a CTS frame or sensing response frame which allows the responder to confirm its participation in sensing and its availability on the channel such that the responder may participate is sensing and returning measurements. The resulting benefit of the combination would have been the ability check responder participation status in sensing using a CTS frame which is already defined in 802.11 and may be reused without defining a new frame [LIM, ¶231]. Regarding claim 5, Zhou teaches the method according to claim 4, specifically the fourth message noted above in the rejection of claim 4 as a SBP request frame, which is a frame requesting the measurement result [See Zhou, Slide 2 and the rejection of claim 4 above]. But it does not teach wherein the fourth message frame comprises at least one of the WLAN sensing measurement setup identification or the proxy measurement identification. However, LIM teaches wherein the fourth message frame comprises at least one of the WLAN sensing measurement setup identification or the proxy measurement identification. ([LIM, ¶142-¶145] LIM teaches wherein the claimed fourth message frame shown as a feedback request comprises a WLAN sensing measurement setup identification as claimed by reciting starting ¶142 that, “feedback requests and feedback are transmitted/performed at SIFS intervals, and requests/polls and feedback may be performed sequentially for responders participating in sensing. [0142] 3. D. To indicate the measurement performed as described above, the sounding dialog token included in the NDPA may be used to inform the responders, and the value of the sounding dialog token may be determined through the sensing negotiation/setup performed before the sensing measurement. [0143] 3. D. 1. During the sensing negotiation/setup, the initiator may transmit a sensing request frame or an initial sensing measurement frame to the responder. In this case, the frame may include sounding/sensing dialog token information for sensing measurement. [0144] 3. D. 1. A. The sounding dialog token information transmitted in the frame may be set to a sensing measurement setup ID or measurement ID field.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhou, indicating that an AP may perform Sensing by proxy in a WLAN communication network to send its measurements as part of a response frame to a received request frame, with the teachings of LIM indicating that the fourth frame may be a request frame that comprises a sensing measurement setup identification. The resulting benefit of the combination would have been the ability to indicate/represent a correspondence for each measurement [LIM, ¶145-¶150]. Regarding claim 7, Zhou, in view of LIM teaches the method according to claim 2, wherein receiving the second message frame sent by the WLAN sensing proxy comprises: receiving the second message frame sent by the WLAN sensing proxy within a first sending opportunity. ([Zhou, Slide 3] The CTS to self frame or sensing response frame is sent during a time and upon network resources considered to be the claimed first sending opportunity [LIM, ¶230 and ¶234].) The rationale for obviousness and motivation to combine the applied prior art is the same as that which is recited in the rejection of claim 2 above. Regarding claim 16, Zhou in view of LIM teaches the method according to claim 15, further comprising: Wherein the WLAN sensing proxy AP is able to participate in WLAN sensing and measurement [See Zhou, Slide 2]. But it does not teach sending a second message frame, wherein the second message frame requests to return the sensing measurement result. However, LIM teaches sending a second message frame, wherein the second message frame requests to return the sensing measurement result. (LIM teaches wherein the AP (which is the WLAN sensing proxy of Zhou) is a responder that may send to the STA which receives a CTS frame or sensing response frame which allows the responder to confirm its participation in sensing and its availability on the channel such that the responder may participate is sensing and returning measurements [LIM, ¶230 and ¶234].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhou, indicating that the AP may perform Sensing by proxy in a WLAN communication network to send and receive measurements as part of a response frame to a received request frame, with the teachings of LIM indicating that the AP (which is the WLAN sensing proxy of Zhou) is a responder that may send to the initiator STA a CTS frame or sensing response frame which allows the responder to confirm its participation in sensing and its availability on the channel such that the responder may participate is sensing and returning measurements. The resulting benefit of the combination would have been the ability check responder participation status in sensing using a CTS frame which is already defined in 802.11 and may be reused without defining a new frame [LIM, ¶231]. Regarding claim 21, Zhou, in view LIM teaches the method according to claim 16, wherein sending the second message frame comprises: sending the second message frame within a first sending opportunity. ([Zhou, Slide 3] The CTS to self frame or sensing response frame is sent during a time and upon network resources considered to be the claimed first sending opportunity [LIM, ¶230 and ¶234].) The rationale for obviousness and motivation to combine the applied prior art is the same as that which is recited in the rejection of claim 16 above. Regarding claim 28, Zhou teaches a method according to claim 15 comprising a Wireless Local Area Network sensing proxy shown as the AP of Slide 3 [Zhou, Fig. 3], but it does not teach that Zhou’s (WLAN) sensing proxy AP, comprises a processor; and a memory storing a computer program executable by the processor, wherein the processor is configured to perform the method. LIM teaches that the AP, comprises a processor; and a memory storing a computer program executable by the processor, wherein the processor is configured to perform the method [LIM, Fig. 14, ¶93-¶96]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhou, indicating that the AP may perform method of sensing by proxy in a WLAN communication network to send and receive measurements as part of a response frame to a received request frame, with the teachings of LIM indicating that the AP (which is the WLAN sensing proxy of Zhou) comprises a processor and memory connected to the processor which operates to instruct control operations that are performed by the AP. The resulting benefit of automating the method by an AP device. PNG media_image5.png 460 392 media_image5.png Greyscale Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou, in view of LIM. Regarding claim 27, Zhou teaches a Wireless Local Area Network (WLAN) sensing initiator that receives a first message frame sent by a WLAN sensing proxy, wherein the first message frame comprises a sensing measurement result, and at least one of a WLAN sensing measurement setup identification or a proxy measurement identification corresponding to the sensing measurement result. (The figure of Zhou shown above depicts the STA 3 sends an SBP Request frame to the AP to request that the AP performs sensing measurement for it (as a Sensing Proxy AP), after which the STA 3 receives a SBP response frame/Measurement Report, interpreted as the claimed “first message frame”, sent by the WLAN sensing proxy AP. Zhou also suggests that the SBP Report is also the same as the SBP Response frame in the on Slide 4, therefore the disclosed “Measurement Report” or otherwise noted as the “SBP Report” are interpreted as equivalent terms to “SBP Response frame”. Additional disclosure provided in the figures below depicts the SBP response frame/Measurement Report (“first message frame”) also comprises a Measurement Setup ID, as indicated in the “Key points” section of the Figure of slide 5 of Zhou. Furthermore, Zhou also teaches in Slide 2, wherein the measurement results obtained in a WLAN sensing procedure resultant from an SBP request shall be reported to the SBP requesting station. Therefore, the Examiner as determined that the disclosure of Zhou suggests that SBP response frame, being the report to the SBP requesting STA, comprises both the measurement results and the WLAN sensing Measurement Setup ID.) But it does not teach a Wireless Local Area Network (WLAN) sensing initiator, comprising: a processor; and a memory storing a computer program executable by the processor. However, LIM teaches a Wireless Local Area Network (WLAN) sensing initiator (shown in Zhou as an STA, STA3), comprising: a processor; and a memory storing a computer program executable by the processor [LIM, Fig. 14, ¶93-¶96]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the teachings of Zhou, indicating that the STA may perform method of sensing by proxy in a WLAN communication network to send and receive measurements as part of a response frame to a received request frame, with the teachings of LIM indicating that the STA (which is the WLAN sensing proxy of Zhou) comprises a processor and memory connected to the processor which operates to instruct control operations that are performed by the STA. The resulting benefit of automating the method by an STA device. Allowable Subject Matter Claims 3, 8, 10, 17, 22 and 24 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 Examiner has conducted a prior art search of the available Patent and Non-Patent Literature and was unable to find any prior art which teaches either solely or in combination with another reference the claim limitations of “the method according to claim 1, further comprising: sending a third message frame, wherein the third message frame indicates that the sensing measurement result is determined to be received” with respect to claim 3, “the method according to claim 6, wherein the first sending opportunity is determined based on at least one of: a sending opportunity indicated by a timeout subfield comprised in a sensing by proxy request message frame sent to the WLAN sensing proxy; a sending opportunity indicated by a timeout subfield comprised in a sensing by proxy response message frame sent by the WLAN sensing proxy; a sending opportunity indicated by a timeout subfield comprised in a fifth message frame sent by the WLAN sensing proxy, wherein the fifth message frame indicates that a WLAN sensing measurement and/or a WLAN sensing session has been established with a WLAN sensing responder; or time information for indicating to return the sensing measurement result and comprised in the sensing by proxy response message frame sent by the WLAN sensing proxy” with respect to claim 10, “the method according to claim 15, further comprising: receiving a third message frame sent by the WLAN sensing initiator, wherein the third message frame indicates that the sensing measurement result is determined to be received” with respect to claim 17, or “the method according to claim 20, wherein the first sending opportunity is determined based on at least one of: a sending opportunity indicated by a timeout subfield comprised in a sensing by proxy request message frame sent by the WLAN sensing initiator; a sending opportunity indicated by a timeout subfield comprised in a sensing by proxy response message frame sent to the WLAN sensing initiator; a sending opportunity indicated by a timeout subfield comprised in a fifth message frame sent to the WLAN sensing initiator, wherein the fifth message frame indicates that a WLAN sensing measurement and/or a WLAN sensing session has been established with a WLAN sensing responder; or time information for indicating to return the sensing measurement result and comprised in the sensing by proxy response message frame sent to the WLAN sensing initiator” with respect to claim 24. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LONNIE V SWEET whose telephone number is (571)270-3622. The examiner can normally be reached Monday-Friday. 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, Hassan Phillips can be reached at 571-272-3940. 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. /LONNIE V SWEET/Primary Examiner, Art Unit 2467
Read full office action

Prosecution Timeline

Jul 24, 2024
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+14.9%)
2y 11m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 747 resolved cases by this examiner. Grant probability derived from career allowance rate.

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