Prosecution Insights
Last updated: August 17, 2026
Application No. 18/894,093

COMMUNICATION DEVICES AND CONTROL METHOD FOR THE SAME

Non-Final OA §102§103
Filed
Sep 24, 2024
Priority
Apr 15, 2022 — JP 2022-067820 +1 more
Examiner
CERLANEK, RACHEL ELIZABETH
Art Unit
Tech Center
Assignee
Canon Inc.
OA Round
1 (Non-Final)
97%
Grant Probability
Favorable
1-2
OA Rounds
12m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 97% — above average
97%
Career Allowance Rate
62 granted / 64 resolved
+36.9% vs TC avg
Minimal -2% lift
Without
With
+-1.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
24 currently pending
Career history
84
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
51.5%
+11.5% vs TC avg
§102
33.0%
-7.0% vs TC avg
§112
11.9%
-28.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 64 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 . DETAILED ACTION This action is in response to communications filed on 09/24/2024. Claims 1-11 are currently pending. Information Disclosure Statement The information disclosure statements (IDS) submitted on 09/24/2024, 01/29/2026, 03/16/2026, and 06/03/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Objections Claims 1, 3, 5, and 10-11 are objected to because of the following informalities: The first time an acronym is mentioned it should be spelled out. For example, “downlink (DL)”. Claims 1, 10, and 11 recites “HT” and “MAC”. Claim 3 recites “EHT_OM”. Claim 5 recites “NSTR”, “STR”, “EMLSR”, and “EMLMR”. Appropriate correction is required. 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. Claims 1-4, and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (Pub. No.: US 2021/0136605 A1). Regarding claim 1, Huang teaches A communication device that performs wireless communication communicating wireless frames complying with the IEEE 802.11 series standard (Huang [0055], [0031], and [0064]: communication device which may communicate using IEEE 802.11 communication standards), comprising: a notification unit that notify a counterpart communication device of mode information relating to a data transmission mode for use in multi-link communication with the counterpart communication device (Huang [0083], [0150], fig. 1, fig. 16, and fig. 7: transmission (notification) of operating mode (OM) control subfield. The OM control subfield contains information related to the operating mode change of the STA transmitting the frame containing this information; [0033-0034]: multi-link communications), wherein the mode information is contained in an HT Control field of a MAC frame of the wireless frames (Huang [0134], [0149-0150], [0153], [0033-0034], and fig. 4: MAC frame, HT Control field), and wherein the notification unit notifies the counterpart communication device of the mode information after set-up processing for setting up multi-link communication between the communication device and the counterpart communication device is completed and before the multi-link communication is disconnected (Huang [0148] and figs. 2, 3, and 8: at block 1502, the device may generate a management or data frame for sending to a first station device of one or more station devices, the management or data frame comprising extended high throughput (HT) control information where at least data frame implies the communication is already set up, figs. Show multi-link signaling structure; [0102]: OM applies to during multi-link operation). Regarding claim 2, Huang teaches The communication device according to claim 1 (the limitations of parent claim 1 as indicated above), Huang further teaches wherein the notification unit notifies the mode information using multiple bits within an A-control field contained in the HT Control field (Huang [0047] and [0126]: multiple bits of an A-control field in HT control field). Regarding claim 3, Huang teaches The communication device according to claim 2 (the limitations of parent claim 2 as indicated above), Huang further teaches wherein the multiple bits include three bits in a Reserved subfield of an EHT_OM Control subfield contained in the A-control field (Huang [0098] and [0143]: EHT, it is expected to extend the OM control ID subfield value by at least additional 3 bits). Regarding claim 4, Huang teaches The communication device according to claim 3 (the limitations of parent claim 3 as indicated above), Huang further teaches wherein the multiple bits further include one or more bits in an unused area of the EHT_OM Control subfield contained in the A-control field. (Huang [0150]: new control ID may comprise an extremely high throughput (EHT) OM control comprising one control ID field of A-control) Regarding claim 10, Huang teaches A method for controlling a communication device that performs wireless communication communicating wireless frames complying with the IEEE 802.11 series standard (Huang [0055], [0031], and [0064]: communication device which may communicate using IEEE 802.11 communication standards), comprising: executing set-up processing for setting up multi-link communication with a counterpart communication device (Huang [0083], [0150], fig. 1, fig. 16, and fig. 7: operating mode (OM) control subfield. The OM control subfield contains information related to the operating mode change of the STA transmitting the frame containing this information; [0033-0034]: multi-link communications); and notifying the counterpart communication device of mode information relating to a data transmission mode for use in communication with the counterpart communication device after the set-up processing is completed and before the multi-link communication is disconnected (Huang [0148] and figs. 2, 3, and 8: at block 1502, the device may generate a management or data frame for sending to a first station device of one or more station devices, the management or data frame comprising extended high throughput (HT) control information where at least data frame implies the communication is already set up, figs. Show multi-link signaling structure; [0102]: OM applies to during multi-link operation), wherein the mode information is contained in an HT Control field of a MAC frame of the wireless frames (Huang [0134], [0149-0150], [0153], [0033-0034], and fig. 4: MAC frame, HT Control field). Regarding claim 11, Huang teaches A non-transitory computer-readable recording medium storing a program that, when executed by a computer, causes the computer to perform a method for controlling a communication device that performs wireless communication communicating wireless frames complying with the IEEE 802.11 series standard (Huang [0055], [0031], and [0064]: communication device which may communicate using IEEE 802.11 communication standards; [0154]: non-transitory memory for storing information in a form readable by a computer), comprising: executing set-up processing for setting up multi-link communication with a counterpart communication device (Huang [0083], [0150], fig. 1, fig. 16, and fig. 7: operating mode (OM) control subfield. The OM control subfield contains information related to the operating mode change of the STA transmitting the frame containing this information; [0033-0034]: multi-link communications); and notifying the counterpart communication device of mode information relating to a data transmission mode for use in communication with the counterpart communication device after the set-up processing is completed and before the multi-link communication is disconnected (Huang [0148] and figs. 2, 3, and 8: at block 1502, the device may generate a management or data frame for sending to a first station device of one or more station devices, the management or data frame comprising extended high throughput (HT) control information where at least data frame implies the communication is already set up, figs. Show multi-link signaling structure; [0102]: OM applies to during multi-link operation), wherein the mode information is contained in an HT Control field of a MAC frame of the wireless frames (Huang [0134], [0149-0150], [0153], [0033-0034], and fig. 4: MAC frame, HT Control field). 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. Claims 5-6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (Pub. No.: US 2021/0136605 A1) in view of Kim (Pub. No.: US 2023/0062989 A1). Regarding claim 5, Huang teaches The communication device according to claim 2 (the limitations of parent claim 2 as indicated above), Kim does not appear to explicitly teach wherein the mode information contains information relating to one of data transmission modes NSTR, STR, EMLSR, and EMLMR defined by the IEEE 802.11be standard. However, Kim, in the analogous art of IEEE 802.11 communications and control fields, teaches wherein the mode information contains information relating to one of data transmission modes NSTR, STR, EMLSR, and EMLMR defined by the IEEE 802.11be standard (Kim [0268-0270]: STR, IEEE.11be). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Huang to incorporate the teachings of Kim and have the mode information contains information relating to one of data transmission modes NSTR, STR, EMLSR, and EMLMR defined by the IEEE 802.11be standard. Doing so would allow for receiving of data through one link when data transmission occurs on another link (Kim [0270]). Regarding claim 6, Huang modified by Kim teaches The communication device according to claim 5 (the limitations of parent claim 5 as indicated above), Huang does not appear to explicitly teach wherein the mode information contains information relating to respective data transmission modes for an uplink and a downlink. However, Kim, in the analogous art of IEEE 802.11 communications and control fields, teaches wherein the mode information contains information relating to respective data transmission modes for an uplink and a downlink (Kim [0334-0335]: respective data transmission modes of an uplink and downlink). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Huang to incorporate the teachings of Kim and have the mode information contains information relating to respective data transmission modes for an uplink and a downlink. Doing so would allow for avoidance of collisions and reduction of power consumption (Kim [0008]). Regarding claim 8, Huang teaches The communication device according to claim 1 (the limitations of parent claim 1 as indicated above), Huang does not appear to explicitly teach the notification unit notifies the counterpart communication device of the mode information in response to a change request for changing a data transmission mode used in communication with the counterpart communication device. However, Kim, in the analogous art of IEEE 802.11 communications and control fields, teaches wherein the notification unit notifies the counterpart communication device of the mode information in response to a change request for changing a data transmission mode used in communication with the counterpart communication device. (Kim [0450], fig. 37: in step S3710 a multi-link device may transmit a request frame for activating a power saving mechanism to an AP through the first link) It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Huang to incorporate the teachings of Kim and have the notification unit notifies the counterpart communication device of the mode information in response to a change request for changing a data transmission mode used in communication with the counterpart communication device. Doing so would allow for avoidance of collisions and reduction of power consumption (Kim [0008]). Regarding claim 9, Huang modified by Kim teaches The communication device according to claim 8 (the limitations of parent claim 8 as indicated above), Huang does not appear to explicitly teach the change request is given due to a change in congestion in a frequency band used for the multi-link communication, a change in radio wave conditions, and/or a power-saving operation of the communication device. However, Kim, in the analogous art of IEEE 802.11 communications and control fields, teaches wherein the change request is given due to a change in congestion in a frequency band used for the multi-link communication, a change in radio wave conditions, and/or a power-saving operation of the communication device. (Kim [0450], fig. 37: in step S3710 a multi-link device may transmit a request frame for activating a power saving mechanism to an AP through the first link) It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Huang to incorporate the teachings of Kim and have the change request is given due to a change in congestion in a frequency band used for the multi-link communication, a change in radio wave conditions, and/or a power-saving operation of the communication device. Doing so would allow for avoidance of collisions and reduction of power consumption (Kim [0008]). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (Pub. No.: US 2021/0136605 A1) in view of Xu (Pub. No.: US 2020/0260353 A1). Regarding claim 7, Huang teaches The communication device according to claim 1 (the limitations of parent claim 1 as indicated above), further comprising: Huang does not appear to explicitly teach a reconfiguration unit that reconfigures a data transmission mode when restarting data transmission after interruption of data transmission, wherein the reconfiguration unit includes a first reconfiguration mode for reconfiguring a data transmission mode based on a given default, and a second reconfiguration mode for reconfiguring a data transmission mode used before the interruption. However, Xu, in the analogous art of IEEE 802.11 data transmissions, teaches a reconfiguration unit that reconfigures a data transmission mode when restarting data transmission after interruption of data transmission, wherein the reconfiguration unit includes a first reconfiguration mode for reconfiguring a data transmission mode based on a given default, and a second reconfiguration mode for reconfiguring a data transmission mode used before the interruption (Xu [0163]: reconfiguration of mode when restarting after interruption of data, reconfiguring a mode used before the interruption). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Huang to incorporate the teachings of Xu and have a reconfiguration unit that reconfigures a data transmission mode when restarting data transmission after interruption of data transmission, wherein the reconfiguration unit includes a first reconfiguration mode for reconfiguring a data transmission mode based on a given default, and a second reconfiguration mode for reconfiguring a data transmission mode used before the interruption. Doing so would allow for correction of the failure (interruption), reduce signaling overhead, and increase reliability of configuration transmissions (Xu [0162-0163] and [0113]). Conclusion The following prior art not relied upon is considered pertinent to applicant’s disclosure. Xin et al (Pub. No.: US 2023/0199846 A1) discloses HT wireless communication in IEEE 802.11 network and multi-link devices. Patil et al (Pub. No.: US 2021/0014776 A1) discloses multi-link communication utilizing IEEE 802.11 standards. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL E MARKS whose telephone number is (703)756-1309. The examiner can normally be reached Mon-Fri 8:30am-6pm. 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, Charles C Jiang can be reached at (571)270-7191. 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. /R.E.C./Examiner, Art Unit 2412 /CHARLES C JIANG/Supervisory Patent Examiner, Art Unit 2412
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Prosecution Timeline

Sep 24, 2024
Application Filed
Jul 15, 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
97%
Grant Probability
95%
With Interview (-1.9%)
2y 10m (~12m remaining)
Median Time to Grant
Low
PTA Risk
Based on 64 resolved cases by this examiner. Grant probability derived from career allowance rate.

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