Prosecution Insights
Last updated: August 17, 2026
Application No. 18/848,988

COMMUNICATION SYSTEM, COMMUNICATION METHOD AND COMMUNICATION PROGRAM

Non-Final OA §102
Filed
Sep 20, 2024
Priority
Mar 24, 2022 — nonprovisional of PCTJP2022014014
Examiner
SMARTH, GERALD A
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
651 granted / 781 resolved
+23.4% vs TC avg
Moderate +13% lift
Without
With
+12.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
23 currently pending
Career history
803
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
61.9%
+21.9% vs TC avg
§102
11.6%
-28.4% vs TC avg
§112
6.7%
-33.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 781 resolved cases

Office Action

§102
DETAILED ACTION 1. It is hereby acknowledged that 18/848988 following papers have been received and placed of record in the file: Remark date 09/20/24 2. The present application, file on or after March 16, 2013, is being examiner under the first inventor to file provisions of the AIA . 3. 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 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. Specification 4. 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 Objections 5. Claims 1-12 are objected to because of the following informalities: Claims 1, 5 and 6 states…. a dummy signal wave…. It is unclear what a dummy signal wave is or consist of. The specification discloses “The dummy signal wave is a radio wave that is assumed to be intercepted by a third party. (see paragraph [0034]). It is unclear what is meant by assumed to be intercepted by a third party. The claims further states…. a communication signal wave including information whose content is not desired to be intercepted at a frequency included in the predetermined frequency band. It is unclear what is meant by this limitation as well. A communication signal wave including information whose content is not desired to be intercepted, can be understood to still be intercepted even though it is not wishing for it to happen. Thus this does not seem to be a definite limitation. The specification discloses “The communication signal wave is a radio wave including information whose content is not desired to be intercepted by the third party.”(see paragraph [0034]) Claim Rejections - 35 USC § 102 6.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. 7.Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshinori (JP 2011-199584A ), Regarding claim 1, Yoshinori teaches a communication system, comprising: a radio wave transmitting station that transmits, while transmitting a dummy signal wave of a predetermined frequency band, (see Yoshinori page 2 paragraph [0005] explains… The interference signal has a band in which at least a part of the band of the radio signal overlaps the radio signal to be received by the receiving apparatus….) a communication signal wave including information whose content is not desired to be intercepted at a frequency included in the predetermined frequency band, (see Yoshinori page 3 paragraph [0003] explains… FIG. 7 and the frequency band where the interference signal is applied is found. End up. In particular, when using a modulation scheme capable of communication even at low C / N, communication may be possible by removing the entire band of the interference signal, and a reduction in the effect of confidentiality is expected….. page 3 paragraph [0005] As described above, in the wireless communication system of the present invention, the regular receiving station itself generates an interference signal, and the communication signal is extracted by canceling the interference signal among the received communication signal and the interference signal. On the other hand, since the content of the interference signal is unknown at other receiving stations in the service area, it becomes difficult to intercept the signal directed to the regular receiving station, and the confidentiality of communication is improved) and a radio wave receiving station that receives complexed waves including the dummy signal wave and the communication signal wave and extracts the communication signal wave by removing the dummy signal wave from the complexed waves.(See Yoshinori page 3 paragraph [0003], [0005] explains…. As described above, in the wireless communication system of the present invention, the regular receiving station itself generates an interference signal, and the communication signal is extracted by canceling the interference signal among the received communication signal and the interference signal. On the other hand, since the content of the interference signal is unknown at other receiving stations in the service area, it becomes difficult to intercept the signal directed to the regular receiving station, and the confidentiality of communication is improved…..) Regarding claim 2, Yoshinori taught the communication system according to claim 1, as described above. Yoshinori further teaches wherein the radio wave transmitting station transmits the communication signal wave during a partial time frame within a time band of transmitting the dummy signal wave. (see Yoshinori page 2 paragraph [0004]… The modulation unit 1 modulates the interference signal by a modulation method such as QPSK, and the antenna 2 sends the modulated interference signal to a relay unit such as a communication satellite. The interference signal has a band in which at least a part of the band of the radio signal overlaps the radio signal to be received by the receiving apparatus. ,,,,) Regarding claim 3, Yoshinori taught the communication system according to claim 1, as described above. Yoshinori further teaches wherein the radio wave transmitting station transmits the dummy signal wave while changing contents of the dummy signal wave and/or frequencies of the dummy signal wave in accordance with a concealing rule, and the radio wave receiving station extracts the communication signal wave by removing the dummy signal wave from the complexed waves based on the concealing rule previously taught. (See Yoshinori page 3 paragraph [0005] explains…. As described above, in the wireless communication system of the present invention, the regular receiving station itself generates an interference signal, and the communication signal is extracted by canceling the interference signal among the received communication signal and the interference signal. On the other hand, since the content of the interference signal is unknown at other receiving stations in the service area, it becomes difficult to intercept the signal directed to the regular receiving station, and the confidentiality of communication is improved…..) Regarding claim 4, Yoshinori taught the communication system according to claim 1, as described above. Yoshinori further teaches wherein the radio wave transmitting station is a communication satellite that broadcasts radio waves onto the earth and casts the dummy signal wave onto a partial area within a broadcasting area of the communication signal wave. (see Yoshinori page 2 paragraph [0001] … . A signal from the transmitting station to the regular receiving station reaches the service area through the satellite station…... ) Regarding claim 5, Yoshinori teaches a communication method, comprising: transmitting from a radio wave transmitting station, while transmitting a dummy signal wave of a predetermined frequency band, , (see Yoshinori page 2 paragraph [0005] explains… The interference signal has a band in which at least a part of the band of the radio signal overlaps the radio signal to be received by the receiving apparatus. ) a communication signal wave including information whose content is not desired to be intercepted at a frequency included in the predetermined frequency band, (see Yoshinori explains….page 3 paragraph [0003] FIG. 7 and the frequency band where the interference signal is applied is found. End up. In particular, when using a modulation scheme capable of communication even at low C / N, communication may be possible by removing the entire band of the interference signal, and a reduction in the effect of confidentiality is expected….. page 3 paragraph [0005] As described above, in the wireless communication system of the present invention, the regular receiving station itself generates an interference signal, and the communication signal is extracted by canceling the interference signal among the received communication signal and the interference signal. On the other hand, since the content of the interference signal is unknown at other receiving stations in the service area, it becomes difficult to intercept the signal directed to the regular receiving station, and the confidentiality of communication is improved)and receiving, at a radio wave receiving station, complexed waves including the dummy signal wave and the communication signal wave and extracting the communication signal wave by removing the dummy signal wave from the complexed waves. .(See Yoshinori page 3 paragraph [0003], [0005] explains…. As described above, in the wireless communication system of the present invention, the regular receiving station itself generates an interference signal, and the communication signal is extracted by canceling the interference signal among the received communication signal and the interference signal. On the other hand, since the content of the interference signal is unknown at other receiving stations in the service area, it becomes difficult to intercept the signal directed to the regular receiving station, and the confidentiality of communication is improved….) Regarding claim 6, Yoshinori teaches a non-transitory program recording medium, storing a communication program, causing a computer as a radio wave transmitting station to execute a process of transmitting, while transmitting a dummy signal wave of a predetermined frequency band, a communication signal wave including information whose content is not desired to be intercepted at a frequency included in the predetermined frequency band, (see Yoshinori page 2 paragraph [0005] explains… The interference signal has a band in which at least a part of the band of the radio signal overlaps the radio signal to be received by the receiving apparatus. ) and causing a computer as a radio wave receiving station to execute a process of receiving complexed waves including the dummy signal wave and the communication signal wave(see Yoshinori explains….page 3 paragraph [0003] FIG. 7 and the frequency band where the interference signal is applied is found. End up. In particular, when using a modulation scheme capable of communication even at low C / N, communication may be possible by removing the entire band of the interference signal, and a reduction in the effect of confidentiality is expected….. page 3 paragraph [0005] As described above, in the wireless communication system of the present invention, the regular receiving station itself generates an interference signal, and the communication signal is extracted by canceling the interference signal among the received communication signal and the interference signal. On the other hand, since the content of the interference signal is unknown at other receiving stations in the service area, it becomes difficult to intercept the signal directed to the regular receiving station, and the confidentiality of communication is improved) and extracting the communication signal wave by removing the dummy signal wave from the complexed waves. (See Yoshinori page 3 paragraph[0003], [0005] explains…. As described above, in the wireless communication system of the present invention, the regular receiving station itself generates an interference signal, and the communication signal is extracted by canceling the interference signal among the received communication signal and the interference signal. On the other hand, since the content of the interference signal is unknown at other receiving stations in the service area, it becomes difficult to intercept the signal directed to the regular receiving station, and the confidentiality of communication is improved….) Regarding claim 7, Yoshinori taught the communication method according to claim 5, as described above. Yoshinori further teaches wherein the communication method further comprises: transmitting the communication signal wave during a partial time frame within a time band of transmitting the dummy signal wave. (see Yoshinori page 2 paragraph [0004]… The modulation unit 1 modulates the interference signal by a modulation method such as QPSK, and the antenna 2 sends the modulated interference signal to a relay unit such as a communication satellite. The interference signal has a band in which at least a part of the band of the radio signal overlaps the radio signal to be received by the receiving apparatus. ) Regarding claim 8, Yoshinori taught the communication method according to claim 5, as described above. Yoshinori further teaches wherein the communication method further comprises: transmitting the dummy signal wave while changing contents of the dummy signal wave and/or frequencies of the dummy signal wave in accordance with a concealing rule, and extracting the communication signal wave by removing the dummy signal wave from the complexed waves based on the concealing rule previously taught. (See Yoshinori page 3 paragraph [0005] explains…. As described above, in the wireless communication system of the present invention, the regular receiving station itself generates an interference signal, and the communication signal is extracted by canceling the interference signal among the received communication signal and the interference signal. On the other hand, since the content of the interference signal is unknown at other receiving stations in the service area, it becomes difficult to intercept the signal directed to the regular receiving station, and the confidentiality of communication is improved…..) Regarding claim 9, Yoshinori taught the communication method according to claim 5, as described above. Yoshinori further teaches wherein the communication method further comprises: from a communication satellite, broadcasting radio waves onto the earth and casts the dummy signal wave onto a partial area within a broadcasting area of the communication signal wave. (see Yoshinori page 2 paragraph [0004]… The modulation unit 1 modulates the interference signal by a modulation method such as QPSK, and the antenna 2 sends the modulated interference signal to a relay unit such as a communication satellite. The interference signal has a band in which at least a part of the band of the radio signal overlaps the radio signal to be received by the receiving apparatus. ) Regarding claim 10, Yoshinori taught the non-transitory program recording medium according to claim 6, as described above. Yoshinori further teaches wherein the communication program causes the computer as the radio wave transmitting station to transmit the communication signal wave during a partial time frame within a time band of transmitting the dummy signal wave. (See Yoshinori page 3 paragraph [0005] explains…. As described above, in the wireless communication system of the present invention, the regular receiving station itself generates an interference signal, and the communication signal is extracted by canceling the interference signal among the received communication signal and the interference signal. On the other hand, since the content of the interference signal is unknown at other receiving stations in the service area, it becomes difficult to intercept the signal directed to the regular receiving station, and the confidentiality of communication is improved…..) Regarding claim 11, Yoshinori taught the non-transitory program recording medium according to claim 6, as described above. Yoshinori further teaches wherein the communication program causes the computer as the radio wave transmitting station to transmit the dummy signal wave while changing contents of the dummy signal wave and/or frequencies of the dummy signal wave in accordance with a concealing rule, and causes the computer as the radio wave receiving station to extract the communication signal wave by removing the dummy signal wave from the complexed waves based on the concealing rule previously taught. (See Yoshinori page 3 paragraph [0005] explains…. As described above, in the wireless communication system of the present invention, the regular receiving station itself generates an interference signal, and the communication signal is extracted by canceling the interference signal among the received communication signal and the interference signal. On the other hand, since the content of the interference signal is unknown at other receiving stations in the service area, it becomes difficult to intercept the signal directed to the regular receiving station, and the confidentiality of communication is improved…..) Regarding claim 12, Yoshinori taught the non-transitory program recording medium according to claim 6, as described above. Yoshinori further teaches wherein the radio wave transmitting station is a communication satellite that broadcasts radio waves onto the earth and casts the dummy signal wave onto a partial area within a broadcasting area of the communication signal wave. (See Yoshinori page 3 paragraph [0005] explains…. As described above, in the wireless communication system of the present invention, the regular receiving station itself generates an interference signal, and the communication signal is extracted by canceling the interference signal among the received communication signal and the interference signal. On the other hand, since the content of the interference signal is unknown at other receiving stations in the service area, it becomes difficult to intercept the signal directed to the regular receiving station, and the confidentiality of communication is improved…..) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald Smarth whose telephone number is (571) 270-1923. The examiner can normally be reached on Monday-Thursday 6am-4:30pm ET. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached on 571-272-7784. The fax phone 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. /GERALD A SMARTH/Primary Examiner, Art Unit 2478
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Prosecution Timeline

Sep 20, 2024
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §102 (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
83%
Grant Probability
96%
With Interview (+12.7%)
2y 11m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 781 resolved cases by this examiner. Grant probability derived from career allowance rate.

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