Prosecution Insights
Last updated: July 17, 2026
Application No. 18/844,194

METHOD OF COMMUNICATION APPARATUS, METHOD OF USER EQUIPMENT (UE), COMMUNICATION APPARATUS, AND UE

Non-Final OA §101§102
Filed
Sep 05, 2024
Priority
Mar 16, 2022 — IN 202211014351 +1 more
Examiner
PATEL, ARTIBEN JAIMIN
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
13 currently pending
Career history
5
Total Applications
across all art units

Statute-Specific Performance

§103
81.8%
+41.8% vs TC avg
§102
18.2%
-21.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§101 §102
CTNF 18/844,194 CTNF 101843 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-21 AIA New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because drawing submitted on 03/12/2021 are not clearly legible . Figures 1,2,4 and 6 are not clear and graphical elements that are not clearly legible. Further, figures 8,9 appear to have insufficient image resolution, resulting in portions of the figures being unclear and difficult to read . Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance. Replacement drawings are required. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-6 and 10-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) and does not recite significantly more than the exception. The Claims are directed to Abstract Idea such as an idea standing alone such as an instantiated concept, for example, receiving (or collecting) information, determining supporting actions. The claim limitations cited concept is: Claims 1–6 recite a method involving: Sending a message that includes a request for information (such as UE identifier, location, video, photo, sound, temperature, vital signs, or contact information) and receiving the requested information. B. Claims 10–12 recite a user equipment (UE) comprising a processor and memory configured to: Receive a message requesting information and send the requested information. In other words, concept is simply sending a message includes request to send information and receiving the information based on sending the message Also the claims recite generic computing elements (e.g., "user equipment," "communication apparatus," "processor," "memory") performing their conventional functions. Also, additional steps There is no recitation of a specific technological improvement, unconventional technical solution, or new way of operating the hardware. The claims do not recite any particular technical means for achieving the communication, nor do they solve a problem unique to computer technology. Step 2A, Prong Two: Integration into a Practical Application The claims are further analyzed to determine whether they integrate the abstract idea into a practical application. The claims recite generic computing elements (e.g., "user equipment," "communication apparatus," "processor," "memory") performing their conventional functions. There is no recitation of a specific technological improvement, unconventional technical solution, or new way of operating the hardware. The claims do not recite any particular technical means for achieving the communication, nor do they solve a problem unique to computer technology. The mere use of generic computer components to perform generic data transmission and collection does not amount to integration into a practical application. Step 2B: Inventive Concept The claims are further analyzed to determine whether any additional elements, individually or in combination, amount to significantly more than the abstract idea itself. The only additional elements are generic computer components (processor, memory, user equipment) performing routine and conventional operations (sending and receiving messages, collecting and transmitting information). There is no recitation of a specific, unconventional technique or arrangement that would transform the nature of the claim. The claims do not include any limitations that add meaningful restriction to how the abstract idea is implemented. These steps are describing generic functional results like Configuring and determining information, but do "not sufficiently describe how to achieve these results in a non-abstract way". Also, steps do not include an innovative concept that would make them patent-eligible. Further, the claims may solve various technical problems, But the claim(s) here only uses generic functional language to achieve these purported solutions, information appears only in the specification, or written description, of the patent, not in the claims. This claimed concept, which is similar to the concept of collection, analysis, and determining of available information in a particular field, stating those functions in general terms, without limiting them to technical means for performing the functions that are arguably an advance over conventional computer and network technology that was held to be abstract idea in the court case, namely, “ELECTRIC POWER GROUP”. Although the claim(s) enumerates the type of information that is acquired, stored, analyzed and transmitted ( i.e. receiving sensor data and determining a first location, identifying, a second device and transmitting a signal to the second device), the Federal Circuit has explained in ELECTRIC POWER GROUP that claims are directed to certain functionality , however claims are not directed to a specific improvement in the way computers operate. 882 F.3 rd at 1335-36. In other words, the mere selection and manipulation of particular information by itself does not make an abstract concept any less abstract. Further, the claim(s) is not made any less abstract by the invocation of a programmed computer (e.g. configuring or determining). Unlike Enfish , where the claims were focused on a specific improvement in how the computer functioned, the claim(s) here merely uses the computer as a tool to perform the abstract concepts. In other words, the concept is simply, receiving sensor data and determining a first location, identifying a second device and transmitting a signal to the second device. Also, concept is simply reciting generic devices (e.g. Computer, processor, sensor, network are generic in the cellular environment) that are transmitting or requesting/receiving information do not amount to significantly more than the abstract idea. Viewing the limitations (a) and (b) in combination also fails to amount to significantly more than the abstract Idea. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-6 and 10-12 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Neybert et al. (US PGPUB 20190082312 A1) . Regarding claim 1, Neybert teaches a method of a communication apparatus, the method comprising: sending a message (see sections [0035], FIG. 7 “read as disaster event management system 104 (network) send a prompt to the UE 102 to provide an updated status, the prompt can be sent via short message service (SMS) message to the UE 102 , or by voice call, or by a notification in an application on the UE 102 ”), the message includes a request to send information, wherein the information includes at least one of identifier of a user equipment (UE), a location information where the UE locates, video information around the UE, photo information around the UE, sound information around the UE, temperature information around the UE, vital information of a user of the UE, and contact information of the UE (see sections [0053], [0058], [0063]- [0064] FIGs. 3,7 & 8 “This information can be passed to a first responders’ system 414 (e.g., 911 service) which can alert the authorities to the emergency 412 . The information can also be passed to other monitoring and/or reporting persons or systems. Images, audio, video, and other contextual information received from the UEs 408 and 410 can also be passed to the first responders system as well as to other UEs in the area to alert them about the emergency 412 ”), receiving the information after sending the message (see section [0063] FIGs. 3 & 4“ the disaster event management system 402 can start to receive status reports from UE 408 and/or UE 410 even before the disaster event management system 402 determines that an emergency 412 has occurred. This information can indicate that there is some type of emergency, and other information provided with the status updates”). Regarding claim 2, Neybert teaches all the limitations of claim 1, In addition, Neybert teaches the message is sent in a case where disaster occurs (see section [0032], FIG. 2 “ The disaster event management system 104 can determine when an emergency situation has occurred (e.g., from public safety organizations, alerts, social media data, etc.) and determine whether UE 102 is in a location that may be affected by the emergency situation”). Regarding claim 3, Neybert teaches all the limitations of claim 1, In addition, Neybert teaches the information includes information indicating whether the user of the UE is safe (see section [0035] “The employee can enter a status (or use a predefined status: “Safe”, “Okay”, and etc.), and the disaster event management system 104 can receive the status update, and return the status update to the employer system”). Regarding claim 4, Neybert teaches A method of a user equipment (UE), the method comprising: receiving a message (see sections [0035], FIG. 7 “read as disaster event management system 104 (network) send a prompt to the UE 102 to provide an updated status, the prompt can be sent via short message service (SMS) message to the UE 102 , or by voice call, or by a notification in an application on the UE 102 ”), the message includes a request to send information, wherein the information includes at least one of identifier of the UE, a location information where the UE locates, video information around the UE, photo information around the UE, sound information around the UE, temperature information around the UE, vital information of a user of the UE, and contact information of the UE (see sections [0058], [0063]- [0064] FIGs. 3, 7 & 8 “This information can be passed to a first responders’ system 414 (e.g., 911 service) which can alert the authorities to the emergency 412 . The information can also be passed to other monitoring and/or reporting persons or systems. Images, audio, video, and other contextual information received from the UEs 408 and 410 can also be passed to the first responders system as well as to other UEs in the area to alert them about the emergency 412 ”), sending the information after receiving the message (see section [0063] FIGs. 3,4“ the disaster event management system 402 can start to receive status reports from UE 408 and/or UE 410 even before the disaster event management system 402 determines that an emergency 412 has occurred. This information can indicate that there is some type of emergency, and other information provided with the status updates”). Regarding claim 5, Neybert teaches all the limitations of claim 4, In addition, Neybert teaches the message is received in a case where disaster occurs (see section [0032] FIG. 2 “ The disaster event management system 104 can determine when an emergency situation has occurred (e.g., from public safety organizations, alerts, social media data, etc.) and determine whether UE 102 is in a location that may be affected by the emergency situation”). Regarding claim 6, Neybert teaches all the limitations of claim 4, In addition, Neybert teaches the information includes information indicating whether the user of the UE is safe (see section [0035] “The employee can enter a status (or use a predefined status: “Safe”, “Okay”, and etc.), and the disaster event management system 104 can receive the status update, and return the status update to the employer system”). Regarding claim 10, Neybert teaches at least one memory storing instructions (see section [0019] FIG. 8 “a system can comprise a memory that stores executable instructions”), at least one processor configured to execute the instructions (see section [0021] FIG. 8 “ machine-readable storage medium, comprising executable instructions that, when executed by a processor of a device, facilitate performance of operations”), receive a message, wherein the message includes a request to send information, wherein the information includes at least one of identifier of the UE, a location information where the UE locates, video information around the UE, photo information around the UE, sound information around the UE, temperature information around the UE, vital information of a user of the UE, and contact information of the UE (see sections [0058], [0063]- [0064] FIGs. 3, 7 & 8 “This information can be passed to a first responders’ system 414 (e.g., 911 service) which can alert the authorities to the emergency 412 . The information can also be passed to other monitoring and/or reporting persons or systems. Images, audio, video, and other contextual information received from the UEs 408 and 410 can also be passed to the first responders system as well as to other UEs in the area to alert them about the emergency 412 ”), send the information after receiving the message (see section [0063] FIGs. 3,4“ the disaster event management system 402 can start to receive status reports from UE 408 and/or UE 410 even before the disaster event management system 402 determines that an emergency 412 has occurred. This information can indicate that there is some type of emergency, and other information provided with the status updates”). Regarding claim 11, Neybert teaches all the limitations of claim 10, In addition, Neybert teaches the message is received in a case where disaster occurs (see section [0032] FIG. 2“ The disaster event management system 104 can determine when an emergency situation has occurred (e.g., from public safety organizations, alerts, social media data, etc.) and determine whether UE 102 is in a location that may be affected by the emergency situation”). Regarding claim 12, Neybert teaches all the limitations of claim 10, In addition, Neybert teaches the information includes information indicating whether the user of the UE is safe (see section [0035] “The employee can enter a status (or use a predefined status: “Safe”, “Okay”, and etc.), and the disaster event management system 104 can receive the status update, and return the status update to the employer system”). Conclusion 6 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARTIBEN PATEL whose telephone number is (571)272-9554. The examiner can normally be reached Monday-Friday 7:30 to 5:00 alternate Friday off. 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, Addy Anthony can be reached at (571) 272-7795. 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. /ARTIBEN JAIMIN PATEL/Examiner, Art Unit 2645 /ANTHONY S ADDY/Supervisory Patent Examiner, Art Unit 2645 Application/Control Number: 18/844,194 Page 2 Art Unit: 2645 Application/Control Number: 18/844,194 Page 3 Art Unit: 2645 Application/Control Number: 18/844,194 Page 4 Art Unit: 2645 Application/Control Number: 18/844,194 Page 5 Art Unit: 2645 Application/Control Number: 18/844,194 Page 6 Art Unit: 2645 Application/Control Number: 18/844,194 Page 7 Art Unit: 2645 Application/Control Number: 18/844,194 Page 8 Art Unit: 2645 Application/Control Number: 18/844,194 Page 9 Art Unit: 2645 Application/Control Number: 18/844,194 Page 10 Art Unit: 2645
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Prosecution Timeline

Sep 05, 2024
Application Filed
Jun 18, 2026
Non-Final Rejection mailed — §101, §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

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