Prosecution Insights
Last updated: October 02, 2026
Application No. 18/894,622

COMMUNICATION APPARATUS AND METHOD

Non-Final OA §101
Filed
Sep 24, 2024
Priority
Aug 31, 2017 — JP 2017-166870 +4 more
Examiner
HAMPTON, TARELL A
Art Unit
Tech Center
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
653 granted / 758 resolved
+26.1% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
33 currently pending
Career history
790
Total Applications
across all art units

Statute-Specific Performance

§101
8.1%
-31.9% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
16.4%
-23.6% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 758 resolved cases

Office Action

§101
DETAILED ACTION Claim(s) 1-20 have been examined and are pending. 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 . Information Disclosure Statement The information disclosure statement filed December 20, 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. Does not appear to be a copy of Foreign Patent Document # 24, JP-6254369. Double Patenting A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. Claim(s) 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim(s) 1-20 of prior U.S. Patent No. 12, 126, 446 (Pat ‘446). This is a statutory double patenting rejection. Claim 1 of Instant Application Claim 1 of Pat ‘446 1. A communication apparatus comprising: circuitry configured to: 1. A communication apparatus, comprising: circuitry configured to: transmit first information to a sender of a retransmission signal, wherein the first information is regarding a configuration of the retransmission signal, and the retransmission signal includes second information of an original signal whose demodulation has failed; transmit first information to a sender of a retransmission signal, wherein the first information is regarding a configuration of the retransmission signal, and the retransmission signal includes second information of an original signal whose demodulation has failed; and receive the retransmission signal transmitted from the sender based on the first information. and receive the retransmission signal transmitted from the sender based on the first information. Claim 2 of Instant Application Claim 2 of Pat ‘446 2. The communication apparatus of claim 1, 2. The communication apparatus of claim 1, wherein the first information regarding the configuration of the retransmission signal includes information regarding data whose retransmission is requested. wherein the first information regarding the configuration of the retransmission signal includes information regarding data whose retransmission is requested. Claim 3 of Instant Application Claim 3 of Pat ‘446 3. The communication apparatus of claim 2, 3. The communication apparatus of claim 2, wherein the information regarding data whose retransmission is requested includes information regarding an identifier of the data and information regarding a length of the data. wherein the information regarding the data whose retransmission is requested includes information regarding an identifier of the data and information regarding a length of the data. Claim 4 of Instant Application Claim 4 of Pat ‘446 4. The communication apparatus of claim 2, 4. The communication apparatus of claim 2, wherein the first information regarding the configuration of the retransmission signal further includes information regarding a setting of information synthesis using the original signal and the retransmission signal. wherein the first information regarding the configuration of the retransmission signal further includes information regarding a setting of information synthesis using the original signal and the retransmission signal. Claim 5 of Instant Application Claim 5 of Pat ‘446 5. The communication apparatus of claim 1, 5. The communication apparatus of claim 1, wherein the circuitry is further configured to transmit the first information regarding the configuration of the retransmission signal as part of a transmission request frame of the retransmission signal. wherein the circuitry is further configured to transmit the first information regarding the configuration of the retransmission signal as part of a transmission request frame of the retransmission signal. Claim 6 of Instant Application Claim 6 of Pat ‘446 6. The communication apparatus of claim 1, 6. The communication apparatus of claim 1, wherein the circuitry is further configured to exchange capability information with the sender of the retransmission signal, and a signal is synthesized using the second information of the original signal and third information of the retransmission signal, based on the capability information. wherein the circuitry is further configured to exchange capability information with the sender of the retransmission signal, and a signal is synthesized using the second information of the original signal and third information of the retransmission signal, based on the capability information. Claim 7 of Instant Application Claim 7 of Pat ‘446 7. The communication apparatus of claim 1, 7. The communication apparatus of claim 1, wherein the circuitry is further configured to negotiate a MAC Protocol Data Unit (MPDU) unit size in a Media Access Control (MAC) layer with the sender of the retransmission signal. wherein the circuitry is further configured to negotiate a MAC Protocol Data Unit (MPDU) unit size in a Media Access Control (MAC) layer with the sender of the retransmission signal. Claim 8 of Instant Application Claim 8 of Pat ‘446 8.The communication apparatus of claim 1, 8. The communication apparatus of claim 1, wherein the circuitry is further configured to: retain bit strings acquired by demodulation of the original signal; wherein the circuitry is further configured to: retain bit strings acquired by demodulation of the original signal; and synthesis a signal using the original signal and the retransmission signal, by using the retained bit strings and bit strings acquired by demodulation of the received retransmission signal. and synthesis a signal using the original signal and the retransmission signal, by using the retained bit strings and bit strings acquired by demodulation of the received retransmission signal. Claim 9 of Instant Application Claim 9 of Pat ‘446 9. The communication apparatus of claim 1, 9. The communication apparatus of claim 1, wherein the circuitry is further configured to: retain the original signal; and wherein the circuitry is further configured to: retain the original signal; and perform information synthesis using the retained original signal and the retransmission signal received based on the first information at an intermediate stage of processing until conversion of a signal received by the circuitry into data. perform information synthesis using the retained original signal and the retransmission signal received based on the first information at an intermediate stage of processing until conversion of a signal received by the circuitry into data. Claim 10 of Instant Application Claim 10 of Pat ‘446 10. A communication method, comprising: 10. A communication method, comprising: in a communication apparatus: in a communication apparatus: transmitting first information to a sender of a retransmission signal, wherein the first information is regarding a configuration of the retransmission signal, and the retransmission signal includes second information of an original signal whose demodulation has failed; and transmitting first information to a sender of a retransmission signal, wherein the first information is regarding a configuration of the retransmission signal, and the retransmission signal includes second information of an original signal whose demodulation has failed; and receiving the retransmission signal transmitted from the sender based on the first information. receiving the retransmission signal transmitted from the sender based on the first information. Claim 11 of Instant Application Claim 11 of Pat ‘446 11. A communication apparatus, comprising: 11. A communication apparatus, comprising: circuitry configured to: receive first information regarding a configuration of a retransmission signal, wherein the retransmission signal includes second information of an original signal whose demodulation has failed; circuitry configured to: receive first information regarding a configuration of a retransmission signal, wherein the retransmission signal includes second information of an original signal whose demodulation has failed; generate the retransmission signal; generate the retransmission signal; and transmit the generated retransmission signal to a sender of the first information regarding the configuration of the retransmission signal. and transmit the generated retransmission signal to a sender of the first information regarding the configuration of the retransmission signal. Claim 12 of Instant Application Claim 12 of Pat ‘446 12. The communication apparatus of claim 11, 12. The communication apparatus of claim 11, wherein the first information regarding the configuration of the retransmission signal includes information regarding data whose retransmission is requested. wherein the first information regarding the configuration of the retransmission signal includes information regarding data whose retransmission is requested. Claim 13 of Instant Application Claim 13 of Pat ‘446 13. The communication apparatus of claim 12, 13. The communication apparatus of claim 12, wherein the information regarding the data whose retransmission is requested includes information regarding an identifier of the data and information regarding a length of the data. wherein the information regarding the data whose retransmission is requested includes information regarding an identifier of the data and information regarding a length of the data. Claim 14 of Instant Application Claim 14 of Pat ‘446 14. The communication apparatus of claim 11, 14. The communication apparatus of claim 11, wherein the first information regarding the configuration of the retransmission signal further includes information regarding a setting of information synthesis using the original signal and the retransmission signal. wherein the first information regarding the configuration of the retransmission signal further includes information regarding a setting of information synthesis using the original signal and the retransmission signal. Claim 15 of Instant Application Claim 15 of Pat ‘446 15. The communication apparatus of claim 11, 15. The communication apparatus of claim 11, wherein the circuitry is further configured to receive the first information regarding the configuration of the retransmission signal as part of a transmission request frame of the retransmission signal. wherein the circuitry is further configured to receive the first information regarding the configuration of the retransmission signal as part of a transmission request frame of the retransmission signal. Claim 16 of Instant Application Claim 16 of Pat ‘446 16. The communication apparatus of claim 11, 16. The communication apparatus of claim 11, wherein the circuitry is further configured to exchange capability information with the sender of the first information, and the capability information is regarding information synthesis using the second information of the original signal and third information of the retransmission signal. wherein the circuitry is further configured to exchange capability information with the sender of the first information, and the capability information is regarding information synthesis using the second information of the original signal and third information of the retransmission signal. Claim 17 of Instant Application Claim 17 of Pat ‘446 17. The communication apparatus of claim 11, 17. The communication apparatus of claim 11, wherein the circuitry is further configured to negotiate a MAC Protocol Data Unit (MPDU) unit size in a Media Access Control (MAC) layer with the sender of the first information regarding the configuration of the retransmission signal. wherein the circuitry is further configured to negotiate a MAC Protocol Data Unit (MPDU) unit size in a Media Access Control (MAC) layer with the sender of the first information regarding the configuration of the retransmission signal. Claim 18 of Instant Application Claim 18 of Pat ‘446 18. The communication apparatus of claim 11, 18. The communication apparatus of claim 11, wherein in a case where retransmission of data that has already been discarded is requested, the circuitry is further configured to notify a requester that the data has already been discarded. wherein in a case where retransmission of data that has already been discarded is requested, the circuitry is further configured to notify a requester that the data has already been discarded. Claim 19 of Instant Application Claim 19 of Pat ‘446 19. The communication apparatus of claim 18, 19. The communication apparatus of claim 18, wherein the circuitry is further configured to notify the requester that the data has already been discarded based on transmission of specific data to the requester. wherein the circuitry is further configured to notify the requester that the data has already been discarded based on transmission of specific data to the requester. Claim 20 of Instant Application Claim 20 of Pat ‘446 20. A communication method, comprising: 20. A communication method, comprising: in a communication apparatus: in a communication apparatus: receiving first information regarding a configuration of a retransmission signal, wherein the retransmission signal includes second information of an original signal whose demodulation has failed; receiving first information regarding a configuration of a retransmission signal, wherein the retransmission signal includes second information of an original signal whose demodulation has failed; generating the retransmission signal; generating the retransmission signal; and transmitting the generated retransmission signal to a sender of the first information regarding the configuration of the retransmission signal. and transmitting the generated retransmission signal to a sender of the first information regarding the configuration of the retransmission signal. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARELL A HAMPTON whose telephone number is (571)270-7162. The examiner can normally be reached 9:00 AM - 5:00 PM. 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 5712723795. 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. /TARELL A HAMPTON/Examiner, Art Unit 2476
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Prosecution Timeline

Sep 24, 2024
Application Filed
Aug 27, 2026
Non-Final Rejection mailed — §101 (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
86%
Grant Probability
96%
With Interview (+10.2%)
2y 10m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 758 resolved cases by this examiner. Grant probability derived from career allowance rate.

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