Prosecution Insights
Last updated: August 17, 2026
Application No. 18/894,544

COMMUNICATION DEVICE, COMMUNICATION DEVICE CONTROL METHOD, AND NON-TRANSITORY COMPUTER READABLE MEDIUM

Non-Final OA §102§112
Filed
Sep 24, 2024
Priority
Mar 31, 2022 — JP 2022-059312 +1 more
Examiner
ELLIOTT IV, BENJAMIN H
Art Unit
Tech Center
Assignee
Canon Inc.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
1079 granted / 1213 resolved
+29.0% vs TC avg
Minimal -1% lift
Without
With
+-0.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
28 currently pending
Career history
1236
Total Applications
across all art units

Statute-Specific Performance

§101
6.9%
-33.1% vs TC avg
§103
41.1%
+1.1% vs TC avg
§102
26.4%
-13.6% vs TC avg
§112
16.9%
-23.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1213 resolved cases

Office Action

§102 §112
DETAILED ACTION 1. Claims 1-17 have been examined and are pending. Notice of Pre-AIA or AIA Status 2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority 3. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). Drawings 4. The drawings were received on 9/24/2024. These drawings are accepted. Specification 5. 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. The following title is suggested: LAYER-2 MULTI-ID FORMAT COMMUNICATION DEVICE, COMMUNICATION DEVICE CONTROL METHOD, AND NON-TRANSITORY COMPUTER READABLE MEDIUM. 6. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 112 7. Claim limitations “establishment unit”, “transmission unit”, “reception unit”, “encryption unit”, “sharing unit”, “decryption unit”, “reporting unit”, and “selection unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, claims 1, 2, 7-14, and 17 are indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Claims 3-6, dependent upon a rejected base claim, do not satisfy the deficiencies of the rejected base claim and are therefore also rejected. Claims 1-14 and 17 therefore stand rejected. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. Claim Rejections - 35 USC § 102 8. 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. 9. 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 – 10. Claims 1-5, 7-10, and 14-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by United States Patent Application Publication 2023/0073658 A1 to Fu et al. (hereinafter “Fu”). Regarding Claim 1, Fu discloses a communication device comprising: an establishment unit configured to establish a communication link at Layer 2 in wireless communication compliant with a 3rd Generation Partnership Project (3GPP) standards (Fu: [0034] – the UE is configured “with the related information as described in 3GPP TS 23.287, v.16.1.0, clause 5.1.2.1. V2X group management is carried out by the V2X application layer (S1). The V2X application layer may provide group identifier information (i.e., an application-layer V2X group identifier) as specified in 3GPP TS 23.287, v.16.1.0, clause 5.6.1.3 (S2).” The UE uses Layer-2 ID according to 3GPP TS 23.287, v.16.1.0, clause 5.6.1.1 and clause 5.6.1.3.); and a transmission unit configured to transmit a message to a plurality of destinations via the communication link in a frame format including Layer-2 identifications (IDs) of the plurality of destinations (Fu: [0034], [0041-0046] – the UE groupcasts/broadcasts a message which includes L2 ID to members of a group.). Note is made of Figures 10A, 10B, and 11 of which Fu illustrates configurations of user equipments comprising elements operable to act in the form of establishing and transmitting. See also paragraphs [0075-0082] for further description of these figures. Regarding Claim 2, Fu discloses a communication device comprising: an establishment unit configured to establish a communication link at Layer 2 in wireless communication compliant with a 3rd Generation Partnership Project (3GPP) standards (Fu: [0034] – the UE is configured “with the related information as described in 3GPP TS 23.287, v.16.1.0, clause 5.1.2.1. V2X group management is carried out by the V2X application layer (S1). The V2X application layer may provide group identifier information (i.e., an application-layer V2X group identifier) as specified in 3GPP TS 23.287, v.16.1.0, clause 5.6.1.3 (S2).” The UE uses Layer-2 ID according to 3GPP TS 23.287, v.16.1.0, clause 5.6.1.1 and clause 5.6.1.3.); and a reception unit configured to receive, via the communication link, a frame format including a plurality of Layer-2 IDs that include a Layer-2 ID of the communication device (Fu: [0034], [0041-0046] – the UE groupcasts/broadcasts a message which includes L2 ID to members of a group, the members operable to receive the L2 IDs.). Note is made of Figures 10A, 10B, and 11 of which Fu illustrates configurations of user equipments comprising elements operable to act in the form of establishing and receiving. See also paragraphs [0075-0082] for further description of these figures. Regarding Claim 3, Fu discloses the communication device according to claim 1, wherein the Layer-2 IDs are Layer-2 IDs used in Sidelink communication (Fu: [0034] – the UE is configured “with the related information as described in 3GPP TS 23.287, v.16.1.0, clause 5.1.2.1. V2X group management is carried out by the V2X application layer (S1). The V2X application layer may provide group identifier information (i.e., an application-layer V2X group identifier) as specified in 3GPP TS 23.287, v.16.1.0, clause 5.6.1.3 (S2).” The UE uses Layer-2 ID according to 3GPP TS 23.287, v.16.1.0, clause 5.6.1.1 and clause 5.6.1.3, wherein V2X is a sidelink communication protocol. See also [0029] for further context with respect to sidelink communications.). Regarding Claim 4, Fu discloses the communication device according to claim 1, wherein the Sidelink communication is Sidelink communication (PC5) compliant with 3GPP standards (Fu: [0029], [0033-0034] – corresponds to communication in the sidelink (V2X, D2D) through a PC5 interface.), and the Layer-2 IDs are identities indicating communication destinations in Sidelink communication compliant with 3GPP standards (Fu: [0033-0034], [0046-0048], [0056] – the L2 ID comprises destination addresses for V2X.). Regarding Claim 5, Fu discloses the communication device according to claim 1, wherein the frame format includes information indicating inclusion of the Layer-2 IDs of the plurality of destinations (Fu: [0034] – the UE is configured “with the related information as described in 3GPP TS 23.287, v.16.1.0, clause 5.1.2.1. V2X group management is carried out by the V2X application layer (S1). The V2X application layer may provide group identifier information (i.e., an application-layer V2X group identifier) as specified in 3GPP TS 23.287, v.16.1.0, clause 5.6.1.3 (S2).” The UE uses Layer-2 ID according to 3GPP TS 23.287, v.16.1.0, clause 5.6.1.1 and clause 5.6.1.3, wherein V2X is a sidelink communication protocol.). Regarding Claim 7, Fu discloses the communication device according to claim 1, further comprising: an encryption unit configured to encrypt a message to be transmitted in the frame format (Fu: [0038-0039] – corresponds to generating a key as a credential.); and a sharing unit configured to share security information necessary for message encryption with each of the plurality of destinations indicated by the Layer-2 IDs included in the message (Fu: [0038-0041], [0049] – the key credential is transmitted to the one or more UEs and corresponds to a group ID associated with one or more L2 IDs.). Regarding Claim 8, Fu discloses the communication device according to claim 2, further comprising: a decryption unit configured to decrypt an encrypted message received in the frame format (Fu: [0043-0044] – corresponds to decrypting the message comprising the L2 ID.); and a sharing unit configured to share security information necessary for message decryption with a transmission source of the message (Fu: [0038-0041], [0049] – the key credential having security (encryption/decryption) is transmitted to the one or more UEs and corresponds to a group ID associated with one or more L2 IDs.). Regarding Claim 9, Fu discloses the communication device according to claim 1, further comprising: a reporting unit configured to report a message including frame format information representing the frame format to another device using broadcast communication (Fu: [0033-0036] – corresponds to the transmission/reception of a sidelink/V2X (frame format) that may be broadcast/groupcast/unicast.). Regarding Claim 10, Fu discloses the communication device according to claim 1, wherein the transmission unit is a unit configured to transmit the message using a method selected from transmission in the frame format and transmission using group-cast communication (Fu: [0034], [0041-0046] – the UE groupcasts/broadcasts a message which includes L2 ID to members of a group.), the communication device further comprising: a selection unit configured to select a transmission method to be performed by the transmission unit (Fu: [0033-0035] – when the UE selects a PC5 interface for sidelink communications, groupcast is determined as the method of communication.). Claim 14, directed to an apparatus embodiment of claim 1, recites similar features as claim 1 and is therefore rejected upon the same grounds as claim 1. Please see above rejections of claims 1 and 2. Fu further discloses the system comprising a communication device in at least Figure 1. Claim 15, directed to a method embodiment of claim 1, recites similar features as claim 1 and is therefore rejected upon the same grounds as claim 1. Please see above rejection of claim 1. Regarding Claim 16, Fu discloses a communication device control method comprising: establishing a communication link at Layer 2 in wireless communication compliant with a 3rd Generation Partnership Project (3GPP) standards (Fu: [0034] – the UE is configured “with the related information as described in 3GPP TS 23.287, v.16.1.0, clause 5.1.2.1. V2X group management is carried out by the V2X application layer (S1). The V2X application layer may provide group identifier information (i.e., an application-layer V2X group identifier) as specified in 3GPP TS 23.287, v.16.1.0, clause 5.6.1.3 (S2).” The UE uses Layer-2 ID according to 3GPP TS 23.287, v.16.1.0, clause 5.6.1.1 and clause 5.6.1.3.); and receiving, via the communication link, a frame format including a plurality of Layer-2 IDs that include an Layer-2 ID of the communication device (Fu: [0034], [0041-0046] – the UE groupcasts/broadcasts a message which includes L2 ID to members of a group, wherein members of the group receive said message.). Claim 17, directed to an article of manufacturing embodiment of claim 1, recites similar features as claim 1 and is therefore rejected upon the same grounds as claim 1. Please see above rejection of claim 1. Fu discloses the article of manufacture as a non-transitory computer-readable medium in at least [0080-0082]. Allowable Subject Matter 11. Claims 6 and 11-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion 12. The prior art made of record (please see attached PTO-892) and not relied upon is considered pertinent to applicant's disclosure. Examiner notes the following references not by order of relevance, but to include relevant portions Applicant should consider when issuing a response. US PGPub 2016/0219132 A1 to Lee et al. discloses a method for generating a MAC PDU comprising a plurality of fields including Layer-2 IDs for sidelink communications in at least [0021-0022], [0093-0099]; US PGPub 2021/0127362 A1 to Jin et al. discloses sidelink resource allocation for V2X communications in at least [0342], [0371], [0448-0467]; and US PGPub 2024/0373509 A1 to Fujishiro et al. discloses a multicast/broadcast system of communication including sidelink allocation in at least [0060], [0096], and [0168]. 13. Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03. 14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN H ELLIOTT IV whose telephone number is (571)270-7163. The examiner can normally be reached M, T, R, F 5:00 AM-5:00 PM, W 5:00 AM-3:00 PM (EDT). 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, Michael Thier can be reached at (571) 272-2832. 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. BENJAMIN H. ELLIOTT IV Primary Examiner Art Unit 2474 /BENJAMIN H ELLIOTT IV/Primary Examiner, Art Unit 2474 August 3, 2026
Read full office action

Prosecution Timeline

Sep 24, 2024
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
88%
With Interview (-0.7%)
2y 4m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1213 resolved cases by this examiner. Grant probability derived from career allowance rate.

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