Prosecution Insights
Last updated: August 30, 2026
Application No. 18/837,090

RADIO COMMUNICATION APPARATUS AND RADIO COMMUNICATION METHOD

Non-Final OA §102§103§112
Filed
Aug 08, 2024
Priority
Feb 09, 2022 — nonprovisional of PCTJP2022005201
Examiner
SMITH, JOSHUA Y
Art Unit
Tech Center
Assignee
Sharp Corporation
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 11m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
338 granted / 493 resolved
+8.6% vs TC avg
Strong +26% interview lift
Without
With
+25.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
31 currently pending
Career history
543
Total Applications
across all art units

Statute-Specific Performance

§101
6.4%
-33.6% vs TC avg
§103
64.4%
+24.4% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 493 resolved cases

Office Action

§102 §103 §112
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 . Claims 1-11 are pending. Claims 1-11 stand rejected. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a receive circuitry configured to receive”, “a transmit circuitry configured to transmit”, and “a control circuitry configured to control” in Claim 1, and “a receive circuitry configured to receive”, “a transmit circuitry configured to transmit”, and “a control circuitry configured to control” in Claim 6. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In regard to Claim 1, Claim 1 recites: “a receive circuitry configured to receive a radio frame; a transmit circuitry configured to transmit a radio frame; and a control circuitry configured to control transmission and/or reception of a radio frame” (emphasis added). It is unclear whether each instance of “a radio frame” is the same “radio frame” or a different “radio frame”. The examiner suggests using the words first and second to distinguish different radio frames as a first radio frame and a second radio frame. The examiner will treat the above claim excerpt to state: a receive circuitry configured to receive a first radio frame; a transmit circuitry configured to transmit a second radio frame; and a control circuitry configured to control transmission of the second radio frame and/or reception of the first radio frame. Claim 1 recites: “in a case that first information, included in the PHY header currently being received, to identify a radio system indicates a radio system where the radio communication apparatus belongs” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not, and it is unclear whether each instance of “a radio system” is the same “radio system” or a different “radio system”. The examiner suggests including the word if in place of “in a case” and including other appropriate words in the associated limitations, and to include the word the for the second instance of “radio system”, so that the above claim excerpt states: if first information, included in the PHY header currently being received, is to identify a radio system, the first information indicates the radio system where the radio communication apparatus belongs. Claim 1 recites: “in a case that a radio frame to be transmitted by the control circuitry is a direct link, a radio frame is transmitted to fit within Network Allocation Vector (NAV) of the PHY header currently being received” (emphasis added). It is unclear whether each instance of “a radio frame” is the same “radio frame” or a different “radio frame”, and it is unclear whether each instance of “a radio frame” is the same as or different from “a radio frame” recited earlier in the claim. The examiner suggests using the words first and second to distinguish different radio frames as a first radio frame and a second radio frame. The examiner will treat the above claim excerpt to state: in a case that the second radio frame to be transmitted by the control circuitry is a direct link, the second radio frame is transmitted to fit within Network Allocation Vector (NAV) of the PHY header currently being received. Claim 1 recites: “in a case that a radio frame to be transmitted by the control circuitry is a direct link, a radio frame is transmitted to fit within Network Allocation Vector (NAV) of the PHY header currently being received” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not. The examiner suggests including the word if in place of “in a case” and including other appropriate words in the associated limitations, so that the above claim excerpt states: if the second radio frame to be transmitted by the control circuitry is to be transmitted in a direct link, the second radio frame is transmitted to fit within Network Allocation Vector (NAV) of the PHY header currently being received. Claims 2-5 are rejected through dependence from Claim 1. In regard to Claim 2, Claim 2 recites: “wherein in a case that second information included in the PHY header currently being received is specific information, the radio frame is transmitted” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not. The examiner suggests including the words if in place of “in a case” and including other appropriate words in the associated limitations, so that the above claim excerpt states: wherein if second information included in the PHY header currently being received is specific information, the radio frame is transmitted. In regard to Claim 3, Claim 3 recites: “and in a case that the second information indicates that the communication is directed to the base station apparatus, the radio frame is transmitted” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not. The examiner suggests including the words if in place of “in a case” and including other appropriate words in the associated limitations, so that the above claim excerpt states: and if the second information indicates that the communication is directed to the base station apparatus, the radio frame is transmitted. In regard to Claim 4, Claim 4 recites: “wherein the second information is information indicating a station that is a destination, and in a case that the destination of the second information does not indicate a destination of the radio frame that is transmitted, the radio frame is transmitted” (emphasis added). It is unclear how “second information” can be both “indicating a station that is a destination”, and also “not indicate a destination”. It is also unclear whether the two instances of “a destination” are the same destination or different destinations. The examiner will treat the above claim excerpt to indicate that “second information” is broadcasted with a destination that is not specific to only a single destination. Claim 4 recites: “and in a case that the destination of the second information does not indicate a destination of the radio frame that is transmitted, the radio frame is transmitted” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not. The examiner suggests including the words if in place of “in a case” and including other appropriate words in the associated limitations, so that the above claim excerpt states: and if the destination of the second information does not indicate a destination of the radio frame that is transmitted, the radio frame is transmitted. In regard to Claim 5, Claim 5 recites: “wherein the second information is information indicating a sector, and in a case that the second information does not indicate a sector where the radio communication apparatus belongs, the radio frame is transmitted” (emphasis added). It is unclear how “second information” can be both “indicating a sector”, and also “not indicate a sector”. It is also unclear whether the two instances of “a sector” are the same sector or different sectors. The examiner will treat the above claim excerpt to indicate that “second information” has value of zero that does not indicate only a single specific sector. Claim 5 recites: “and in a case that the second information does not indicate a sector where the radio communication apparatus belongs, the radio frame is transmitted” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not. The examiner suggests including the words if in place of “in a case” and including other appropriate words in the associated limitations, so that the above claim excerpt states: and if the second information does not indicate a sector where the radio communication apparatus belongs, the radio frame is transmitted. In regard to Claim 6, Claim 6 recites: “a receive circuitry configured to receive a radio frame; a transmit circuitry configured to transmit a radio frame; and a control circuitry configured to control transmission and/or reception of a radio frame” (emphasis added). It is unclear whether each instance of “a radio frame” is the same “radio frame” or a different “radio frame”. The examiner suggests using the words first and second to distinguish different radio frames as a first radio frame and a second radio frame. The examiner will treat the above claim excerpt to state: a receive circuitry configured to receive a first radio frame; a transmit circuitry configured to transmit a second radio frame; and a control circuitry configured to control transmission of the second radio frame and/or reception of the first radio frame. Claim 6 recites: “in a case that first information, included in a PHY header currently being received, to identify a radio system indicates a radio system where the radio communication apparatus belongs” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not, and it is unclear whether each instance of “a radio system” is the same “radio system” or a different “radio system”. The examiner suggests including the word if in place of “in a case” and including other appropriate words in the associated limitations, and to include the word the for the second instance of “radio system”, so that the above claim excerpt states: if first information, included in a PHY header currently being received, is to identify a radio system, the first information indicates the radio system where the radio communication apparatus belongs. Claim 6 recites: “in a case that a destination of a radio frame to be transmitted by the control circuitry is the base station apparatus, a radio frame is transmitted to fit within NAV of the PHY header currently being received” (emphasis added). It is unclear whether each instance of “a radio frame” is the same “radio frame” or a different “radio frame”, and it is unclear whether each instance of “a radio frame” is the same as or different from “a radio frame” recited earlier in the claim. The examiner suggests using the words first and second to distinguish different radio frames as a first radio frame and a second radio frame. The examiner will treat the above claim excerpt to state: in a case that a destination of the second radio frame to be transmitted by the control circuitry is the base station apparatus, the second radio frame is transmitted to fit within NAV of the PHY header currently being received. Claim 6 recites: “in a case that a destination of a radio frame to be transmitted by the control circuitry is the base station apparatus, a radio frame is transmitted to fit within NAV of the PHY header currently being received” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not. The examiner suggests including the word if in place of “in a case” and including other appropriate words in the associated limitations, so that the above claim excerpt states: if a destination of the second radio frame to be transmitted by the control circuitry is the base station apparatus, the second radio frame is transmitted to fit within NAV of the PHY header currently being received. Claims 7-9 are rejected through dependence from Claim 6. In regard to Claim 7, Claim 7 recites: “wherein in a case that second information included in the PHY header currently being received is specific information, the radio frame is transmitted” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not. The examiner suggests including the words if in place of “in a case” and including other appropriate words in the associated limitations, so that the above claim excerpt states: wherein if second information included in the PHY header currently being received is specific information, the radio frame is transmitted. In regard to Claim 8, Claim 8 recites: “and in a case that the second information indicates that the direct link is used, the radio frame is transmitted” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not. The examiner suggests including the words if in place of “in a case” and including other appropriate words in the associated limitations, so that the above claim excerpt states: and if the second information indicates that the direct link is used, the radio frame is transmitted. In regard to Claim 9, Claim 9 recites: “wherein in a case that third information indicating a sector is included in the PHY header currently being received, and in a case that the third information does not indicate a sector where the radio communication apparatus belongs, the radio frame is transmitted” (emphasis added). It is unclear how “third information” can be both “indicating a sector”, and also “not indicate a sector”. It is also unclear whether the two instances of “a sector” are the same sector or different sectors. The examiner will treat the above claim excerpt to indicate that “third information” has value of zero that does not indicate only a single specific sector. Claim 9 recites: “wherein in a case that third information indicating a sector is included in the PHY header currently being received, and in a case that the third information does not indicate a sector where the radio communication apparatus belongs, the radio frame is transmitted” (emphasis added). It is unclear whether the limitations associated with each case are actually required or not. The examiner suggests including the words if in place of “in a case” and including other appropriate words in the associated limitations, so that the above claim excerpt states: wherein if third information indicating a sector is included in the PHY header currently being received, and if the third information does not indicate a sector where the radio communication apparatus belongs, the radio frame is transmitted. In regard to Claim 10, Claim 10 recites: “transmitting, in a case that first information, included in a PHY header currently being received, to identify a radio system indicates a radio system where the radio communication apparatus belongs” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not, and it is unclear whether each instance of “a radio system” is the same “radio system” or a different “radio system”. The examiner suggests including the word if in place of “in a case” and including other appropriate words in the associated limitations, and to include the word the for the second instance of “radio system”, so that the above claim excerpt states: transmitting, if first information, included in a PHY header currently being received, is to identify a radio system, the first information indicates the radio system where the radio communication apparatus belongs. Claim 10 recites: “receiving a radio frame; … and in a case that a radio frame to be transmitted is a direct link, a radio frame to fit within NAV of the PHY header currently being received” (emphasis added). It is unclear whether each instance of “a radio frame” is the same “radio frame” or a different “radio frame”, and it is unclear whether each instance of “a radio frame” is the same as or different from “a radio frame” recited earlier in the claim. The examiner suggests using the words first and second to distinguish different radio frames as a first radio frame and a second radio frame. The examiner will treat the above claim excerpt to state: receiving a first radio frame; … and in a case that a second radio frame to be transmitted is a direct link, the second radio frame is to fit within NAV of the PHY header currently being received. Claim 10 recites: “and in a case that a radio frame to be transmitted is a direct link, a radio frame to fit within NAV of the PHY header currently being received” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not. The examiner suggests including the word if in place of “in a case” and including other appropriate words in the associated limitations, so that the above claim excerpt states: and if a second radio frame to be transmitted is to be transmitted in a direct link, the second radio frame is to fit within NAV of the PHY header currently being received. In regard to Claim 11, Claim 11 recites: “transmitting, in a case that first information, included in a PHY header currently being received, to identify a radio system indicates a radio system where the radio communication apparatus belongs” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not, and it is unclear whether each instance of “a radio system” is the same “radio system” or a different “radio system”. The examiner suggests including the word if in place of “in a case” and including other appropriate words in the associated limitations, and to include the word the for the second instance of “radio system”, so that the above claim excerpt states: transmitting, if first information, included in a PHY header currently being received, is to identify a radio system, the first information indicates the radio system where the radio communication apparatus belongs. Claim 11 recites: “receiving a radio frame; … in a case that a destination of a radio frame to be transmitted is the base station apparatus, a radio frame to fit within NAV of the PHY header currently being received” (emphasis added). It is unclear whether each instance of “a radio frame” is the same “radio frame” or a different “radio frame”, and it is unclear whether each instance of “a radio frame” is the same as or different from “a radio frame” recited earlier in the claim. The examiner suggests using the words first and second to distinguish different radio frames as a first radio frame and a second radio frame. The examiner will treat the above claim excerpt to state: receiving a first radio frame; … in a case that a destination of a second radio frame to be transmitted is the base station apparatus, the second radio frame is to fit within NAV of the PHY header currently being received. Claim 11 recites: “and in a case that a destination of a radio frame to be transmitted is the base station apparatus, a radio frame to fit within NAV of the PHY header currently being received” (emphasis added). It is unclear whether the limitations associated with a case are actually required or not. The examiner suggests including the word if in place of “in a case” and including other appropriate words in the associated limitations, so that the above claim excerpt states: and if a destination of a second radio frame to be transmitted is the base station apparatus, the second radio frame is to fit within NAV of the PHY header currently being received. 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) 1-3, 6-8 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomeba et al. (Pub. No.: US 20190029041 A1), hereafter referred to as Tomeba. In regard to Claim 1 as best understood, Tomeba teaches A radio communication apparatus (radio communication apparatus 2-1, Para. 95, FIGS. 5, 8) configured to communicate with a base station apparatus (radio communication apparatus 1-1, Para. 94, FIGS. 5, 8) and another radio communication apparatus (a method can also be performed in an ad hoc mode, in which terminal apparatuses directly communicate with each other, Para. 33, FIG. 5), the radio communication apparatus comprising: a receive circuitry (FIG. 6 is a diagram illustrating an example of an apparatus configuration of the radio communication apparatuses 2A, and 2B. A reception unit (reception step) 10004-1, Para. 77, FIGS. 6, 8) configured to receive a radio frame (The radio communication apparatus 2-1 that has received the frame 801, Para. 95, FIG. 8). Tomeba teaches a transmit circuitry (transmission unit (transmission step) 10003-1, Para. 77, FIG. 6) configured to transmit a radio frame (transmit a frame (frame 804), Para. 97, FIG. 8). Tomeba teaches a control circuitry (autonomous distributed control unit (autonomous distributed control step) 10002-1, Para. 77, FIG. 6) configured to control transmission and/or reception of a radio frame (received the frame 801, Para. 95, FIG. 8. Transmit a frame (frame 804), Para. 97, FIG. 8). Tomeba teaches wherein the receive circuitry (reception unit (reception step) 10004-1, Para. 77, FIGS. 6, 8) receives the radio frame (The radio communication apparatus 2-1 that has received the frame 801, Para. 95, FIG. 8). Tomeba teaches a PHYsical (PHY) header of the received radio frame is demodulated (the terminal apparatus start an operation of demodulating at least a PHY layer signal, Para. 46. The terminal apparatus serving as a receiving station receives the transmission frame, reads the PHY header of the transmission frame, and demodulates the received transmission frame, Para. 49), and in a case that first information, included in the PHY header currently being received, to identify a radio system indicates a radio system where the radio communication apparatus belongs (the PHY header can include information for identifying the transmission source BSS of the transmission frame (also referred to as BSS identification information), Para. 37). Tomeba teaches in a case that a radio frame to be transmitted by the control circuitry is a direct link (the radio communication apparatus 2-1 can transmit a frame (frame 804) addressed to the radio communication apparatus 1-1, Para. 97, FIG. 8), a radio frame is transmitted (transmit a frame (frame 804), Para. 97, FIG. 8) to fit within Network Allocation Vector (NAV) of the PHY header currently being received (The terminal apparatus configures a Network allocation vector (NAV), based on the Length of the transmission frame written in the PHY header, Para. 51, FIG. 8. The radio communication apparatus 10-1 writes information indicating the duration in which the apparatus itself uses a radio medium, in the PHY header of the frame to transmit, to thereby be able to cause radio communication apparatuses near the apparatus itself to configure a NAV only during the duration, Para. 90, FIG. 8. The radio communication apparatus 2-1 that has received the frame 801 configures a NAV only for the TXOP duration 802, based on information included in the frame 801. It is illustrated, in FIG. 8, that the NAV durations are started from the end of the Preamble of the frame, Para. 95, FIG. 8). In regard to Claim 2 as best understood, Tomeba teaches, wherein in a case that second information included in the PHY header currently being received is specific information (physical layer header (PHY header) including header information for performing signal processing in the physical layer, Para. 35, FIG. 8. In a case that the frame transmitted from the radio communication apparatus 1-1, which is the TXOP holder in the TROP, includes information providing, to the apparatus 2-1 itself, an instruction of transmission of a frame addressed to the radio communication apparatus 1-1, Para. 97), the radio frame is transmitted (the radio communication apparatus 2-1 can transmit a frame (frame 804) addressed to the radio communication apparatus 1-1, Para. 97, FIG. 8). In regard to Claim 3 as best understood, Tomeba teaches, wherein the second information is information indicating whether communication is directed to the base station apparatus, and in a case that the second information indicates that the communication is directed to the base station apparatus (physical layer header (PHY header) including header information for performing signal processing in the physical layer, Para. 35, FIG. 8. In a case that the frame transmitted from the radio communication apparatus 1-1, which is the TXOP holder in the TROP, includes information providing, to the apparatus 2-1 itself, an instruction of transmission of a frame addressed to the radio communication apparatus 1-1, Para. 97), the radio frame is transmitted (the radio communication apparatus 2-1 can transmit a frame (frame 804) addressed to the radio communication apparatus 1-1, Para. 97, FIG. 8). In regard to Claim 6 as best understood, Tomeba teaches A radio communication apparatus (radio communication apparatus 2-1, Para. 95, FIGS. 5, 8) configured to communicate with a base station apparatus (radio communication apparatus 1-1, Para. 94, FIGS. 5, 8) and another radio communication apparatus (a method can also be performed in an ad hoc mode, in which terminal apparatuses directly communicate with each other, Para. 33, FIG. 5), the radio communication apparatus comprising: a receive circuitry (FIG. 6 is a diagram illustrating an example of an apparatus configuration of the radio communication apparatuses 2A, and 2B. A reception unit (reception step) 10004-1, Para. 77, FIGS. 6, 8) configured to receive a radio frame (The radio communication apparatus 2-1 that has received the frame 801, Para. 95, FIG. 8). Tomeba teaches a transmit circuitry (transmission unit (transmission step) 10003-1, Para. 77, FIG. 6) configured to transmit a radio frame (transmit a frame (frame 804), Para. 97, FIG. 8). Tomeba teaches a control circuitry (autonomous distributed control unit (autonomous distributed control step) 10002-1, Para. 77, FIG. 6) configured to control transmission and/or reception of a radio frame (received the frame 801, Para. 95, FIG. 8. Transmit a frame (frame 804), Para. 97, FIG. 8). Tomeba teaches wherein the receive circuitry (reception unit (reception step) 10004-1, Para. 77, FIGS. 6, 8) receives the radio frame (The radio communication apparatus 2-1 that has received the frame 801, Para. 95, FIG. 8). Tomeba teaches a PHY header of the received radio frame is demodulated (the terminal apparatus start an operation of demodulating at least a PHY layer signal, Para. 46. The terminal apparatus serving as a receiving station receives the transmission frame, reads the PHY header of the transmission frame, and demodulates the received transmission frame, Para. 49), and in a case that first information, included in a PHY header currently being received, to identify a radio system indicates a radio system where the radio communication apparatus belongs (the PHY header can include information for identifying the transmission source BSS of the transmission frame (also referred to as BSS identification information), Para. 37). Tomeba teaches in a case that a destination of a radio frame to be transmitted by the control circuitry is the base station apparatus (In a case that the frame transmitted from the radio communication apparatus 1-1, which is the TXOP holder in the TROP, includes information providing, to the apparatus 2-1 itself, an instruction of transmission of a frame addressed to the radio communication apparatus 1-1, the radio communication apparatus 2-1 can transmit a frame (frame 804) addressed to the radio communication apparatus 1-1, Para. 97, FIG. 8), a radio frame is transmitted (transmit a frame (frame 804), Para. 97, FIG. 8) to fit within NAV of the PHY header currently being received (The terminal apparatus configures a Network allocation vector (NAV), based on the Length of the transmission frame written in the PHY header, Para. 51, FIG. 8. The radio communication apparatus 10-1 writes information indicating the duration in which the apparatus itself uses a radio medium, in the PHY header of the frame to transmit, to thereby be able to cause radio communication apparatuses near the apparatus itself to configure a NAV only during the duration, Para. 90, FIG. 8. The radio communication apparatus 2-1 that has received the frame 801 configures a NAV only for the TXOP duration 802, based on information included in the frame 801. It is illustrated, in FIG. 8, that the NAV durations are started from the end of the Preamble of the frame, Para. 95, FIG. 8). In regard to Claim 7 as best understood, Tomeba teaches, wherein in a case that second information included in the PHY header currently being received is specific information (physical layer header (PHY header) including header information for performing signal processing in the physical layer, Para. 35, FIG. 8. In a case that the frame transmitted from the radio communication apparatus 1-1, which is the TXOP holder in the TROP, includes information providing, to the apparatus 2-1 itself, an instruction of transmission of a frame addressed to the radio communication apparatus 1-1, Para. 97), the radio frame is transmitted (the radio communication apparatus 2-1 can transmit a frame (frame 804) addressed to the radio communication apparatus 1-1, Para. 97, FIG. 8). In regard to Claim 8 as best understood, Tomeba teaches, wherein the second information is information indicating whether a direct link is used, and in a case that the second information indicates that the direct link is used (physical layer header (PHY header) including header information for performing signal processing in the physical layer, Para. 35, FIG. 8. In a case that the frame transmitted from the radio communication apparatus 1-1, which is the TXOP holder in the TROP, includes information providing, to the apparatus 2-1 itself, an instruction of transmission of a frame addressed to the radio communication apparatus 1-1, Para. 97), the radio frame is transmitted (the radio communication apparatus 2-1 can transmit a frame (frame 804) addressed to the radio communication apparatus 1-1, Para. 97, FIG. 8). In regard to Claim 10 as best understood, Tomeba teaches A radio communication method used in a radio communication apparatus (radio communication apparatus 2-1, Para. 95, FIGS. 5, 8) that communicates with a base station apparatus (radio communication apparatus 1-1, Para. 94, FIGS. 5, 8) and another radio communication apparatus (a method can also be performed in an ad hoc mode, in which terminal apparatuses directly communicate with each other, Para. 33, FIG. 5), the method comprising the steps of: receiving a radio frame (The radio communication apparatus 2-1 that has received the frame 801, Para. 95, FIG. 8). Tomeba teaches demodulating a PHY header of the received radio frame (the terminal apparatus start an operation of demodulating at least a PHY layer signal, Para. 46. The terminal apparatus serving as a receiving station receives the transmission frame, reads the PHY header of the transmission frame, and demodulates the received transmission frame, Para. 49). Tomeba teaches transmitting (transmit a frame (frame 804), Para. 97, FIG. 8), in a case that first information, included in a PHY header currently being received, to identify a radio system indicates a radio system where the radio communication apparatus belongs (the PHY header can include information for identifying the transmission source BSS of the transmission frame (also referred to as BSS identification information), Para. 37). Tomeba teaches in a case that a radio frame to be transmitted is a direct link (the radio communication apparatus 2-1 can transmit a frame (frame 804) addressed to the radio communication apparatus 1-1, Para. 97, FIG. 8), a radio frame (transmit a frame (frame 804), Para. 97, FIG. 8) to fit within NAV of the PHY header currently being received (The terminal apparatus configures a Network allocation vector (NAV), based on the Length of the transmission frame written in the PHY header, Para. 51, FIG. 8. The radio communication apparatus 10-1 writes information indicating the duration in which the apparatus itself uses a radio medium, in the PHY header of the frame to transmit, to thereby be able to cause radio communication apparatuses near the apparatus itself to configure a NAV only during the duration, Para. 90, FIG. 8. The radio communication apparatus 2-1 that has received the frame 801 configures a NAV only for the TXOP duration 802, based on information included in the frame 801. It is illustrated, in FIG. 8, that the NAV durations are started from the end of the Preamble of the frame, Para. 95, FIG. 8). In regard to Claim 11 as best understood, Tomeba teaches A radio communication method used in a radio communication apparatus (radio communication apparatus 2-1, Para. 95, FIGS. 5, 8) that communicates with a base station apparatus (radio communication apparatus 1-1, Para. 94, FIGS. 5, 8) and another radio communication apparatus (a method can also be performed in an ad hoc mode, in which terminal apparatuses directly communicate with each other, Para. 33, FIG. 5), the method comprising the steps of: receiving a radio frame (The radio communication apparatus 2-1 that has received the frame 801, Para. 95, FIG. 8). Tomeba teaches demodulating a PHY header of the received radio frame (the terminal apparatus start an operation of demodulating at least a PHY layer signal, Para. 46. The terminal apparatus serving as a receiving station receives the transmission frame, reads the PHY header of the transmission frame, and demodulates the received transmission frame, Para. 49). Tomeba teaches transmitting (transmit a frame (frame 804), Para. 97, FIG. 8), in a case that first information, included in a PHY header currently being received, to identify a radio system indicates a radio system where the radio communication apparatus belongs (the PHY header can include information for identifying the transmission source BSS of the transmission frame (also referred to as BSS identification information), Para. 37). Tomeba teaches in a case that a destination of a radio frame to be transmitted is the base station apparatus (In a case that the frame transmitted from the radio communication apparatus 1-1, which is the TXOP holder in the TROP, includes information providing, to the apparatus 2-1 itself, an instruction of transmission of a frame addressed to the radio communication apparatus 1-1, the radio communication apparatus 2-1 can transmit a frame (frame 804) addressed to the radio communication apparatus 1-1, Para. 97, FIG. 8), a radio frame (transmit a frame (frame 804), Para. 97, FIG. 8) to fit within NAV of the PHY header currently being received (The terminal apparatus configures a Network allocation vector (NAV), based on the Length of the transmission frame written in the PHY header, Para. 51, FIG. 8. The radio communication apparatus 10-1 writes information indicating the duration in which the apparatus itself uses a radio medium, in the PHY header of the frame to transmit, to thereby be able to cause radio communication apparatuses near the apparatus itself to configure a NAV only during the duration, Para. 90, FIG. 8. The radio communication apparatus 2-1 that has received the frame 801 configures a NAV only for the TXOP duration 802, based on information included in the frame 801. It is illustrated, in FIG. 8, that the NAV durations are started from the end of the Preamble of the frame, Para. 95, FIG. 8). 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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomeba in view of Chou et al. (Pub. No.: US 20240057153 A1), hereafter referred to as Chou. In regard to Claim 4 as best understood, as presented in the rejection of Claim 2, Tomeba teaches second information. Tomeba fails to teach wherein the second information is information indicating a station that is a destination, and in a case that the destination of the second information does not indicate a destination of the radio frame that is transmitted, the radio frame is transmitted. Chou teaches wherein the second information is information indicating a station that is a destination, and in a case that the destination of the second information does not indicate a destination of the radio frame that is transmitted (gNB 104 generally determines 702 to configure the UE 102 to initiate a random access channel (RACH) procedure, such as by broadcasting 704 information (e.g., physical RACH (PRACH) occasion and RA preamble) associated with a RACH procedure in system information on the shared carrier to the UE 102, Para. 67, FIG. 7A), the radio frame is transmitted (in response to receiving the broadcasted system information, the UE 102 selects the PRACH occasion and the RA preamble to initiate 705 the RACH procedure, Para. 68, FIG. 7A. The UE 102 subsequently transmit 722 the RA preamble to the gNB 104 at the PRACH occasion (e.g., indicated in the broadcasted system information by gNB 104), Para. 69, FIG. 7A). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Chou with the teachings of Tomeba since Chou provides a technique for conveying information through broadcasted communications without a dedicated destination address, which can be introduced into the arrangement of Tomeba to permit communication apparatuses to provide necessary information to other communication apparatuses through broadcasts without dedicated destination addresses of other devices. Claim(s) 5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomeba in view of Wang et al. (Pub. No.: US 20160066198 A1), hereafter referred to as Wang. In regard to Claim 5 as best understood, as presented in the rejection of Claim 2, Tomeba teaches second information. Tomeba fails to teach wherein the second information is information indicating a sector, and in a case that the second information does not indicate a sector where the radio communication apparatus belongs, the radio frame is transmitted. Wang teaches wherein the second information is information indicating a sector, and in a case that the second information does not indicate a sector where the radio communication apparatus belongs (the combined Sectorized TXOP indication and Sector ID indication field may consist of any number of bits. One of the bit patterns, for example, “00” for a two bit indication field, or “000” for a three bit indication field, may be used to indicate that the packet carrying the combined indication is used to reserve a TXOP for omni-directional transmissions. The bit patterns in the indication field that are not all zeros may be used to indicate the Sector ID for which a sectorized TXOP is being reserved, Para. 92), the radio frame is transmitted (Any response frame, such as an ACK or CTS, though transmitted omni-directionally, may also carry the Sectorized Transmission indication since it is part of the sectorized transmission packet exchange, Para. 93). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Wang with the teachings of Tomeba since Wang provides a technique for utilizing a Sector ID to convey whether or not sectorized communications is to be exchanged, which can be introduced into the arrangement of Tomeba to permit communication apparatuses in systems employing sectorized communications to indicate whether or not sectorized communications are to be utilized in frame transmissions. In regard to Claim 9 as best understood, as presented in the rejection of Claim 6, Tomeba teaches the PHY header. Tomeba fails to teach wherein in a case that third information indicating a sector is included in the PHY header currently being received, and in a case that the third information does not indicate a sector where the radio communication apparatus belongs, the radio frame is transmitted. Wang teaches, wherein in a case that third information indicating a sector is included in the PHY header currently being received, and in a case that the third information does not indicate a sector where the radio communication apparatus belongs (the combined Sectorized TXOP indication and Sector ID indication field may consist of any number of bits. One of the bit patterns, for example, “00” for a two bit indication field, or “000” for a three bit indication field, may be used to indicate that the packet carrying the combined indication is used to reserve a TXOP for omni-directional transmissions. The bit patterns in the indication field that are not all zeros may be used to indicate the Sector ID for which a sectorized TXOP is being reserved, Para. 92), the radio frame is transmitted (Any response frame, such as an ACK or CTS, though transmitted omni-directionally, may also carry the Sectorized Transmission indication since it is part of the sectorized transmission packet exchange, Para. 93). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Wang with the teachings of Tomeba since Wang provides a technique for utilizing a Sector ID to convey whether or not sectorized communications is to be exchanged, which can be introduced into the arrangement of Tomeba to permit communication apparatuses in systems employing sectorized communications to indicate whether or not sectorized communications are to be utilized in frame transmissions. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA Y SMITH whose telephone number is (571)270-1826. The examiner can normally be reached Monday-Friday, 10:30am-7pm ET. 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, CHIRAG G SHAH can be reached at (571)272-3144. 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. Joshua Smith /J.S./ 8-4-2026 /CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477
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Prosecution Timeline

Aug 08, 2024
Application Filed
Aug 10, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
94%
With Interview (+25.9%)
4y 0m (~1y 11m remaining)
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