Prosecution Insights
Last updated: July 17, 2026
Application No. 18/835,081

RADIO COMMUNICATION SYSTEM, RADIO COMMUNICATION METHOD, AND RADIO COMMUNICATION DEVICE

Non-Final OA §102
Filed
Aug 01, 2024
Priority
Feb 09, 2022 — nonprovisional of PCTJP2022005147
Examiner
GUADALUPE CRUZ, AIXA AMYR
Art Unit
Tech Center
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
1y 7m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
372 granted / 510 resolved
+12.9% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
28 currently pending
Career history
553
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
76.0%
+36.0% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 510 resolved cases

Office Action

§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 application has been examined. Claims 1-8 were originally filed. In a preliminary amendment, claims 1-8 were amended, and claims 9-18 were added. Claims 1-18 are pending. Claim Interpretation This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: those that recite “circuitry” in a plurality of the claims. Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof. If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function. 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) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takara et al. (US Patent Application Publication 2012/0224851; hereinafter Takara). Regarding claim 1 Takara discloses a wireless communication system comprising: a wireless communication device circuitry and a communication partner device circuitry that establish communication by using a plurality of channels in a multiplexed manner (figs. 17, 18, 35, 38; paragraphs 0271-0275, 0377; wherein communication devices are connected, including transmitting and receiving devices, which communicate multiplexed signals; note that these teachings are believed to be present in all described embodiments), wherein each of the wireless communication device circuitry and the communication partner device circuitry has a function responding to a change of a modulation scheme used for wireless communication (paragraphs 0243, 0245, 0252; wherein devices comprise a modulation format selection unit, which select and update modulation schemes according to input data; note that these teachings are believed to be present in all described embodiments), the wireless communication device circuitry is configured to execute: detecting an occurrence of an unusable state for each of the plurality of channels (paragraphs 0452, 0461, 0516; failure detection); changing a working modulation scheme to another modulation scheme that generates a larger transmission capacity in a case where the unusable state is detected (paragraphs 0513-0516; modulation scheme is switched in response to the detected failure); and notifying the communication partner device circuitry of the change (paragraphs 0513-0516; the assignment is communicated to the receiving device(s)); and the communication partner device circuitry is configured to receive the notification and change the modulation scheme to the another modulation scheme (paragraphs 0513-0516; updated modulation scheme is applied by the devices). Regarding claim 2 Takara discloses the wireless communication system according to claim 1, wherein the plurality of channels includes a plurality of working channels assumed to be used in a normal time and at least one backup channel assumed to be used as backup (paragraph 0453; paths commonly used, and paths not used at normal times), and the wireless communication device circuitry is configured to: not instruct use of the backup channel during a period in which a working channel capacity that is a sum of transmission capacities of usable working channels satisfies a desired transmission capacity by a change of the modulation scheme (paragraphs 0041, 0090, 0220-0223, 0252, 0298, 0343-0344, 0385-0403; wherein while transmission specification (including rates) are met by adapting bandwidth/filtering, backup paths are not needed/used); determine whether or not the change of the modulation scheme, which causes achievement of the working channel capacity that satisfies the desired transmission capacity, is possible (paragraphs 0041, 0090, 0220-0223, 0252, 0298, 0343-0344, 0385-0403; wherein transmission specification (including rates) are met by adapting modulation scheme, and/or bandwidth/filtering); and instruct use of the backup channel in a case where the determination is denied (paragraphs 0513-0516; backup links are used when they meet the transmission specification that the normal links don’t meet). Regarding claim 3 Takara discloses the wireless communication system according to claim 1, wherein the wireless communication device circuitry is configured to execute: enhancing C/N that is an intensity ratio between a carrier wave and noise which are included in a wireless signal transmitted and received to and from the communication partner device circuitry, in a case where the unusable state is detected (paragraphs 0247, 0252, 0264; a desired transmission bit rate can be ensured using a modulation scheme of high modulation level since the optical signal quality deterioration is small); and the working modulation scheme is changed to the another modulation scheme after the enhancement of the C/N is executed (paragraphs 0252-0269; a desired transmission bit rate can be ensured using a modulation scheme of high modulation level since the optical signal quality deterioration is small). Regarding claim 4 Takara discloses the wireless communication system according to claim 3, wherein the wireless communication device circuitry is configured to execute: in a case where the unusable state is detected, calculating current C/N realized at that time (paragraphs 0252-0269, 0515-0554; signal quality is calculated for the paths); and determining whether or not the current C/N satisfies required C/N necessary in a case where the another modulation scheme is used (paragraphs 0252-0269, 0515-0554; deterioration is calculated according to quality calculations); and the enhancement of the C/N is executed in a case where the current C/N does not satisfy the required C/N (paragraphs 0247, 0252, 0264; a desired transmission bit rate can be ensured using a modulation scheme of high modulation level since the optical signal quality deterioration is small). Regarding claim 5 Takara discloses the wireless communication system according to claim 4, wherein the wireless communication device circuitry is configured to change the working modulation scheme to the another modulation scheme in a case where C/N satisfying the required C/N is obtained as a result of the enhancement of the C/N (paragraphs 0252-0269, 0513-0554; modulation schemes are changed according to the change satisfying transmission specification requirements). Regarding claim 6 Takara discloses the wireless communication system according to claim 1, wherein the wireless communication device circuitry is configured to execute: in a case where the unusable state is detected, calculating current C/N realized at that time (paragraphs 0252-0269, 0515-0554; signal quality is calculated for the paths); and determining whether or not the current C/N satisfies required C/N necessary in a case where the another modulation scheme is used (paragraphs 0252-0269, 0515-0554; deterioration is calculated according to quality calculations); and the working modulation scheme is changed to the another modulation scheme in a case where the current C/N satisfies the required C/N (paragraphs 0252-0269, 0513-0554; modulation schemes are changed according to the change satisfying transmission specification requirements). Regarding claim 7 Takara discloses a wireless communication method using a wireless communication device circuitry and a communication partner device circuitry that establish communication by using a plurality of channels in a multiplexed manner (figs. 17, 18, 35, 38; paragraphs 0271-0275, 0377; wherein communication devices are connected, including transmitting and receiving devices, which communicate multiplexed signals; note that these teachings are believed to be present in all described embodiments), each of the wireless communication device circuitry and the communication partner device circuitry having a function responding to a change of a modulation scheme used for wireless communication (paragraphs 0243, 0245, 0252; wherein devices comprise a modulation format selection unit, which select and update modulation schemes according to input data; note that these teachings are believed to be present in all described embodiments), the wireless communication method comprising: detecting an occurrence of an unusable state for each of the plurality of channels (paragraphs 0452, 0461, 0516; failure detection); changing a working modulation scheme to another modulation scheme that generates a larger transmission capacity in a case where the unusable state is detected (paragraphs 0513-0516; modulation scheme is switched in response to the detected failure); and causing the wireless communication device circuitry and the communication partner device circuitry to share the change (paragraphs 0513-0516; the assignment is communicated to the receiving device(s)). Regarding claim 8 Takara discloses a wireless communication device circuitry that establishes communication with a communication partner device circuitry by using a plurality of channels in a multiplexed manner (figs. 2, 8, 10, 11), the wireless communication device circuitry being configured to execute: detecting an occurrence of an unusable state for each of the plurality of channels (paragraphs 0452, 0461, 0516; failure detection); changing a working modulation scheme to another modulation scheme that generates a larger transmission capacity in a case where the unusable state is detected (paragraphs 0513-0516; modulation scheme is switched in response to the detected failure); and notifying the communication partner device circuitry of the change (paragraphs 0513-0516; the assignment is communicated to the receiving device(s)). Regarding claim 9 Takara discloses the wireless communication system according to claim 2, wherein the wireless communication device circuitry is configured to execute: enhancing C/N that is an intensity ratio between a carrier wave and noise which are included in a wireless signal transmitted and received to and from the communication partner device circuitry, in a case where the unusable state is detected (paragraphs 0247, 0252, 0264; a desired transmission bit rate can be ensured using a modulation scheme of high modulation level since the optical signal quality deterioration is small); and the working modulation scheme is changed to the another modulation scheme after the enhancement of the C/N is executed (paragraphs 0252-0269; a desired transmission bit rate can be ensured using a modulation scheme of high modulation level since the optical signal quality deterioration is small). Regarding claim 10 Takara discloses the wireless communication system according to claim 9, wherein the wireless communication device circuitry is configured to execute: in a case where the unusable state is detected, calculating current C/N realized at that time (paragraphs 0252-0269, 0515-0554; signal quality is calculated for the paths); and determining whether or not the current C/N satisfies required C/N necessary in a case where the another modulation scheme is used (paragraphs 0252-0269, 0515-0554; deterioration is calculated according to quality calculations); and the enhancement of the C/N is executed in a case where the current C/N does not satisfy the required C/N (paragraphs 0247, 0252, 0264; a desired transmission bit rate can be ensured using a modulation scheme of high modulation level since the optical signal quality deterioration is small). Regarding claim 11 Takara discloses the wireless communication system according to claim 10, wherein the wireless communication device circuitry is configured to change the working modulation scheme to the another modulation scheme in a case where C/N satisfying the required C/N is obtained as a result of the enhancement of the C/N (paragraphs 0252-0269, 0513-0554; modulation schemes are changed according to the change satisfying transmission specification requirements). Regarding claim 12 Takara discloses the wireless communication system according to claim 2, wherein the wireless communication device circuitry is configured to execute: in a case where the unusable state is detected, calculating current C/N realized at that time (paragraphs 0252-0269, 0515-0554; signal quality is calculated for the paths); and determining whether or not the current C/N satisfies required C/N necessary in a case where the another modulation scheme is used (paragraphs 0252-0269, 0515-0554; deterioration is calculated according to quality calculations); and the working modulation scheme is changed to the another modulation scheme in a case where the current C/N satisfies the required C/N (paragraphs 0252-0269, 0513-0554; modulation schemes are changed according to the change satisfying transmission specification requirements). Regarding claim 13 Takara discloses the wireless communication system according to claim 3, wherein the wireless communication device circuitry is configured to execute: in a case where the unusable state is detected, calculating current C/N realized at that time (paragraphs 0252-0269, 0515-0554; signal quality is calculated for the paths); and determining whether or not the current C/N satisfies required C/N necessary in a case where the another modulation scheme is used (paragraphs 0252-0269, 0515-0554; deterioration is calculated according to quality calculations); and the working modulation scheme is changed to the another modulation scheme in a case where the current C/N satisfies the required C/N (paragraphs 0252-0269, 0513-0554; modulation schemes are changed according to the change satisfying transmission specification requirements). Regarding claim 14 Takara discloses the wireless communication system according to claim 4, wherein the wireless communication device circuitry is configured to execute: in a case where the unusable state is detected, calculating current C/N realized at that time (paragraphs 0252-0269, 0515-0554; signal quality is calculated for the paths); and determining whether or not the current C/N satisfies required C/N necessary in a case where the another modulation scheme is used (paragraphs 0252-0269, 0515-0554; deterioration is calculated according to quality calculations); and the working modulation scheme is changed to the another modulation scheme in a case where the current C/N satisfies the required C/N (paragraphs 0252-0269, 0513-0554; modulation schemes are changed according to the change satisfying transmission specification requirements). Regarding claim 15 Takara discloses the wireless communication system according to claim 5, wherein the wireless communication device circuitry is configured to execute: in a case where the unusable state is detected, calculating current C/N realized at that time (paragraphs 0252-0269, 0515-0554; signal quality is calculated for the paths); and determining whether or not the current C/N satisfies required C/N necessary in a case where the another modulation scheme is used (paragraphs 0252-0269, 0515-0554; deterioration is calculated according to quality calculations); and the working modulation scheme is changed to the another modulation scheme in a case where the current C/N satisfies the required C/N (paragraphs 0252-0269, 0513-0554; modulation schemes are changed according to the change satisfying transmission specification requirements). Regarding claim 16 Takara discloses the wireless communication system according to claim 9, wherein the wireless communication device circuitry is configured to execute: in a case where the unusable state is detected, calculating current C/N realized at that time (paragraphs 0252-0269, 0515-0554; signal quality is calculated for the paths); and determining whether or not the current C/N satisfies required C/N necessary in a case where the another modulation scheme is used (paragraphs 0252-0269, 0515-0554; deterioration is calculated according to quality calculations); and the working modulation scheme is changed to the another modulation scheme in a case where the current C/N satisfies the required C/N (paragraphs 0252-0269, 0513-0554; modulation schemes are changed according to the change satisfying transmission specification requirements). Regarding claim 17 Takara discloses the wireless communication system according to claim 10, wherein the wireless communication device circuitry is configured to execute: in a case where the unusable state is detected, calculating current C/N realized at that time (paragraphs 0252-0269, 0515-0554; signal quality is calculated for the paths); and determining whether or not the current C/N satisfies required C/N necessary in a case where the another modulation scheme is used (paragraphs 0252-0269, 0515-0554; deterioration is calculated according to quality calculations); and the working modulation scheme is changed to the another modulation scheme in a case where the current C/N satisfies the required C/N (paragraphs 0252-0269, 0513-0554; modulation schemes are changed according to the change satisfying transmission specification requirements). Regarding claim 18 Takara discloses the wireless communication system according to claim 11, wherein the wireless communication device circuitry is configured to execute: in a case where the unusable state is detected, calculating current C/N realized at that time (paragraphs 0252-0269, 0515-0554; signal quality is calculated for the paths); and determining whether or not the current C/N satisfies required C/N necessary in a case where the another modulation scheme is used (paragraphs 0252-0269, 0515-0554; deterioration is calculated according to quality calculations); and the working modulation scheme is changed to the another modulation scheme in a case where the current C/N satisfies the required C/N (paragraphs 0252-0269, 0513-0554; modulation schemes are changed according to the change satisfying transmission specification requirements). Citation of Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP 2408252 to Wachi et al. – that discloses allocates the packet having a service quality level that is highest among packets staying in the apparatus on a priority basis to one of carrier waves that comprises a larger tolerable margin of the current line quality value so as to allow the apparatus to perform stable radio transmission on the packets having a service quality level. US PGPUB 2017/0012888 to Zeng et al. – which teaches Link aggregation techniques are designed to achieve increased bandwidth and provide redundancy to support individual physical link failures. Considering the support of adaptive modulation for a radio carrier (four modulations: QPSK, 16 QAM, 64 QAM, and 256 QAM), the maximum number of virtual channels in L1LA is sixteen (4 modulations×4 carriers or devices). A L1LA system can use any number of the sixteen VCs, depending on the need. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Aixa A Guadalupe-Cruz whose telephone number is (571)270-7523. The examiner can normally be reached Monday - Thursday 6AM - 4:00PM. 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, Faruk Hamza can be reached at 571-272-7969. 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. /Aixa Guadalupe-Cruz/ Examiner Art Unit 2466 /FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
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Prosecution Timeline

Aug 01, 2024
Application Filed
Jun 22, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
92%
With Interview (+19.2%)
3y 6m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 510 resolved cases by this examiner. Grant probability derived from career allowance rate.

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