Prosecution Insights
Last updated: July 17, 2026
Application No. 18/838,177

COMMUNICATION METHOD AND COMMUNICATION APPARATUS

Non-Final OA §102§103
Filed
Aug 13, 2024
Priority
Feb 16, 2022 — nonprovisional of PCTCN2022076509
Examiner
CUNNINGHAM, KEVIN M
Art Unit
Tech Center
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
428 granted / 595 resolved
+11.9% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
41 currently pending
Career history
644
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
90.7%
+50.7% vs TC avg
§102
4.4%
-35.6% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 595 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 . 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. Claims 1-4, 7, 10, 11, 13-16, 19, 22, 23 and 27-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gao et al (US 2024/0322961, hereinafter Gao). Regarding claim 1, Gao discloses a communication method, performed by an access point device, comprising: determining a trigger frame, wherein the trigger frame comprises a first information field, the first information field comprises type information indicating a type of the trigger frame, and the type of the trigger frame indicates different phases of wireless local area network sensing initiated by the access point device (sensing measurement related information includes a trigger frame type field, Para [0038], trigger frame type includes field for indicating a sensing trigger frame subtype, Para [0039], first value indicates trigger frame is a sensing measurement poll trigger frame, Para [0040], second value indicates trigger frame is a sensing measurement trigger frame, Para [0045], there are different phases: sensing measurement setup phase, sensing measurement phase and sensing measurement reporting phase, Para [0138], WLAN sensing, Para [0003]); and sending the trigger frame (AP sends trigger frame to stations, Para [0132], AP sends sensing measurement poll trigger frame to the stations, Para [0140]). Regarding claims 2 and 14, Gao discloses the communication method according to claim 1/13, wherein the type information indicates at least one of: a first type corresponding to a polling phase of the wireless local area network sensing, wherein the trigger frame of the first type is used for detecting an availability status of a station device, a second type corresponding to an uplink sensing measurement phase of the wireless local area network sensing, wherein the trigger frame of the second type indicates a station device to send an uplink sensing measurement frame (AP sends sensing measurement trigger frame where the station sends a uplink measurement frame, 7b), or a third type corresponding to a downlink sensing report phase of the wireless local area network sensing the trigger frame of the third type indicates a station device to send a downlink sensing measurement result. Regarding claims 3 and 15, Gao discloses the communication method according to claim 2/14, wherein in a case where the type information indicates the first type, the first information field further comprises: bandwidth information for the station device to send a response frame as a response to the trigger frame, in a case where the type information indicates the second type, the first information field further comprises: bandwidth information for the station device to send the uplink sensing measurement frame (UL BW indicating bandwidth to be used by the uplink PPDU triggered by trigger frame, Para [0294], UL BW field in Fig. 12), in a case where the type information indicates the third type, the first information field further comprises: bandwidth information for the station device to send the downlink sensing measurement result. Regarding claims 4 and 16, Gao discloses the communication method according to claim 2/14, wherein the trigger frame further comprises a second information field related to the station device, wherein in a case where the type information indicates the first type, the second information field comprises: identification information of the station device; and allocation information of a resource unit allocated to the station device for sending the response frame (device IDs with corresponding resource allocation information, Para [0238], identifier of terminal, resource unit allocation, Fig. 10). Regarding claims 7 and 19, Gao discloses the communication method according to claim 2/14, wherein the trigger frame further comprises a second information field related to the station device, wherein in a case where the type information indicates the second type, the second information field comprises at least one of: identification information of the station device; allocation information of a resource unit allocated to the station device for sending the uplink sensing measurement frame; allocation information of a spatial stream allocated to the station device for sending the uplink sensing measurement frame; and uplink target power information indicating a power value at which the access point device expects to receive the uplink sensing measurement frame (device IDs with corresponding resource allocation information, Para [0238], identifier of terminal, resource unit allocation, Fig. 12). Regarding claims 10 and 22, Gao discloses the communication method according to claim 2/14, wherein the trigger frame further comprises a second information field related to the station device, wherein in a case where the type information indicates the third type, the second information field comprises at least one of: identification information of the station device; allocation information of a resource unit allocated to the station device for sending the downlink sensing measurement result; allocation information of a spatial stream allocated to the station device for sending the downlink sensing measurement result; and indicating a modulation and coding scheme to be used by the station device to send the downlink sensing measurement result (device IDs with corresponding resource allocation information, Para [0238], identifier of terminal, resource unit allocation, Fig. 10-13). Regarding claims 11 and 23, Gao discloses the communication method according to claim 1/13, wherein the first information field further comprises: at least one sensing measurement setup identifier, and/or an identifier of at least one sensing measurement instance corresponding to each sensing measurement setup identifier (sensing measurement setup identifier and sensing measurement instance identifier, Para [0168]). Regarding claim 13, Gao discloses a communication method, performed by a station device, comprising: receiving a trigger frame, wherein the trigger frame comprises a first information field, the first information field comprises type information indicating a type of the trigger frame, and the type of the trigger frame indicates different phases of wireless local area network sensing initiated by an access point device (sensing measurement related information includes a trigger frame type field, Para [0038], trigger frame type includes field for indicating a sensing trigger frame subtype, Para [0039], first value indicates trigger frame is a sensing measurement poll trigger frame, Para [0040], second value indicates trigger frame is a sensing measurement trigger frame, Para [0045], there are different phases: sensing measurement setup phase, sensing measurement phase and sensing measurement reporting phase, Para [0138], WLAN sensing, Para [0003], AP sends sensing measurement poll trigger frame to the stations, Para [0140]); and performing a corresponding communication operation according to the trigger frame (station can sent back a feedback measurement frame in response to trigger frame, Para [0140]). Regarding claim 27, Gao discloses an electronic device (AP or AP STA, Para [0096]), comprising: a memory, a processor (processor and memory, Para [0009]), and a computer program stored in the memory and executable on the processor, wherein the processor is configured to: determine a trigger frame, wherein the trigger frame comprises a first information field, the first information field comprises type information indicating a type of the trigger frame, and the type of the trigger frame indicates different phases of wireless local area network sensing initiated by the electronic device (sensing measurement related information includes a trigger frame type field, Para [0038], trigger frame type includes field for indicating a sensing trigger frame subtype, Para [0039], first value indicates trigger frame is a sensing measurement poll trigger frame, Para [0040], second value indicates trigger frame is a sensing measurement trigger frame, Para [0045], there are different phases: sensing measurement setup phase, sensing measurement phase and sensing measurement reporting phase, Para [0138], WLAN sensing, Para [0003]); and send the trigger frame (AP sends trigger frame to stations, Para [0132], AP sends sensing measurement poll trigger frame to the stations, Para [0140]). Regarding claim 28, Gao discloses a non-transitory computer-readable storage medium (non-transitory computer readable medium, Para [0011]) having stored therein a computer program that, when executed by a processor, causes the method according to claim 1 to be implemented (see claim 1). Regarding claim 29, Gao discloses an electronic device (STA or non-AP STA, Para [0097]), comprising: a memory, a processor (processor and memory, Para [0009]), and a computer program stored in the memory and executable on the processor, wherein the processor is configured to perform the method according to claim 13 (see claim 13). Regarding claim 30, Gao discloses a non-transitory computer-readable storage medium (non-transitory computer readable medium, Para [0011]) having stored therein a computer program that, when executed by a processor, causes the method according to claim 13 to be implemented (see claim 13). 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. Claims 12 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Gao and in view of Saad et al (US 2025/0113217, hereinafter Saad, claiming priority date of provisional application 63/303,349). Regarding claims 12 and 24, Gao discloses the communication method according to claim 11/23, wherein the at least one sensing measurement setup identifier and the identifier of the at least one sensing measurement instance are dialog token information. Saad discloses a Dialog Token subfield can be used to signal sensing measurement setup/instance, Para [0113] or Para [0096] from provisional application 63/303,349. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Saad in the system of Gao in order to increase sensing accuracy. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Aug 13, 2024
Application Filed
Jun 10, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12684617
METHOD AND DEVICE FOR PERFORMING WIRELESS COMMUNICATION IN UNLICENSED BAND
5y 4m to grant Granted Jul 14, 2026
Patent 12684563
METHOD AND APPARATUS FOR HARMONIZING UPLINK GRANTS
3y 5m to grant Granted Jul 14, 2026
Patent 12684565
SYSTEM, METHOD, AND COMPUTER PROGRAM FOR DYNAMIC ALLOCATION OF UPLINK GRANT IN A NETWORK
3y 0m to grant Granted Jul 14, 2026
Patent 12659094
MULTI-LINK MANAGEMENT
3y 9m to grant Granted Jun 16, 2026
Patent 12659993
TARGET WAKE TIME PROBE RESPONSE OR BEACON FOR EXTENDED PERSONAL AREA NETWORK
2y 11m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

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

Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
84%
With Interview (+12.0%)
2y 9m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 595 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

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

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

Free tier: 3 strategy analyses per month