Prosecution Insights
Last updated: October 02, 2026
Application No. 18/838,696

COMMUNICATION METHOD AND APPARATUS, ELECTRONIC DEVICE, AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
Aug 15, 2024
Priority
Feb 16, 2022 — nonprovisional of PCTCN2022076528
Examiner
MOUTAOUAKIL, MOUNIR
Art Unit
Tech Center
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
528 granted / 651 resolved
+21.1% vs TC avg
Strong +17% interview lift
Without
With
+16.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
18 currently pending
Career history
665
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
54.3%
+14.3% vs TC avg
§102
19.5%
-20.5% vs TC avg
§112
12.4%
-27.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 651 resolved cases

Office Action

§102 §103
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 . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 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, 9, and 17-18 are rejected under 35 U.S.C. 102(a)(2) as being anticiapted by Jang et al (US 2023/0221428). Hereinafter referred to as Jang. Regarding claims 1, 9, and 17-18. Jang discloses a communication method, applied to a sensing initiator, the method comprising determining a wireless frame, wherein the wireless frame comprises first indication, and the first indication indicates a wireless local area network (WLAN) sensing measurement process corresponding to the wireless frame (see at least paragraphs [0004]-[0005]); and sending the wireless frame to a sensing responder to indicate the sensing responder to receive a null data packet (NDP) (see at least abstract and [0109]-[0126]). Claim Rejections - 35 USC § 103 This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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. 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 2-8 and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Jang in view of Lim et al (US 2024/0022934). Hereinafter referred to as lim. Regarding claims 2 and 10, Jang discloses all the limitations of the claimed invention with the exception that the first indication comprises at least one of a sensing measurement setup identifier included in the WLAN sensing measurement process, or a sensing measurement instance identifier corresponding to the sensing measurement setup identifier. However, Lim, from a similar field of endeavor, teaches the first indication comprises at least one of a sensing measurement setup identifier included in the WLAN sensing measurement process, or a sensing measurement instance identifier corresponding to the sensing measurement setup identifier (see at least paragraphs [0267]-[0268]). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Lim, as indicated into the communication method of Jang for the purpose of using sensing measurement identification technique. Regarding claims 3 and 11, Jang discloses all the limitations of the claimed invention with the exception that the wireless frame comprises a sounding dialog token field, and the first indication is carried in the sounding dialog token field. However, Lim, from a similar field of endeavor, teaches the wireless frame comprises a sounding dialog token field, and the first indication is carried in the sounding dialog token field (see at least paragraphs [0267]-[0268]). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Lim, as indicated into the communication method of Jang for the purpose of using sensing measurement identification/allocation technique. Regarding claims 4 and 12, Jang teaches STA information and AID fields (see at least paragraphs [0110]-[0121]) and discloses all the limitations of the claimed invention with the exception that the AID identification field or the USID identification field indicates a responder participating in the WLAN sensing measurement process. However, Lim, from a similar field of endeavor, teaches the AID identification field or the USID identification field indicates a responder participating in the WLAN sensing measurement process (see at least paragraphs [0119]). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Lim, as indicated into the communication method of Jang for the purpose of using sensing measurement identification/allocation technique. Regarding claims 5 and 13. Jang in view of Lim discloses a communication method wherein the STA info field further comprises sensing measurement parameter information corresponding to the AID identification field or the USID identification field (see at least paragraph [0168]). Regarding claims 6 and 14. Jang in view of Lim discloses a communication method wherein the STA info field further comprises parameter information corresponding to transmission of a NDP by the responder (see at least paragraphs [0101]-[0106]). Regarding claims 7 and 15, Jang discloses all the limitations of the claimed invention with the exception that the wireless frame further comprises second indication, and the second indication indicates that a type of the wireless frame is a wireless local area network sensing null data packet advertisement (WLAN Sensing NDPA) frame.. However, Lim, from a similar field of endeavor, teaches the wireless frame further comprises second indication, and the second indication indicates that a type of the wireless frame is a wireless local area network sensing null data packet advertisement (WLAN Sensing NDPA) frame. (see at least paragraphs [0110]-[0112]). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the invention to employ the teaching of Lim, as indicated into the communication method of Jang for the purpose of sensing based on measurement results of various types of frames/packets designed for WLAN sensing. Regarding claims 8 and 16, Jang in view of Lim discloses a communication method, wherein the second indication is carried in a control field of the wireless frame, a subtype subfield of the control field, or a sounding dialog token field (see at least paragraphs [0025]-[0027] and [0124]-[0126]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO_892. In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention. When responding to this office action, applicants are advised to clearly point out the patentable novelty which they think the claims present in view of the state of the art disclosed by the references cited or the objections made. Applicants must also show how the amendments avoid such references or objections. See 37C.F.R 1.111(c). In addition, applicants are advised to provide the examiner with the line numbers and pages numbers in the application and/or references cited to assist examiner in locating the appropriate paragraphs. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOUNIR MOUTAOUAKIL whose telephone number is (571)270-1416. The examiner can normally be reached Monday-Friday 10AM-4PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 571-272-3795. 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. /MOUNIR MOUTAOUAKIL/Primary Examiner, Art Unit 2476
Read full office action

Prosecution Timeline

Aug 15, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
98%
With Interview (+16.6%)
2y 12m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 651 resolved cases by this examiner. Grant probability derived from career allowance rate.

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