Prosecution Insights
Last updated: August 17, 2026
Application No. 18/903,698

COMMUNICATION DEVICE AND COMMUNICATION METHOD

Non-Final OA §103
Filed
Oct 01, 2024
Priority
Aug 15, 2024 — TW 113130618
Examiner
XIAO, KE
Art Unit
2627
Tech Center
2600 — Communications
Assignee
HTC Corporation
OA Round
3 (Non-Final)
35%
Grant Probability
At Risk
3-4
OA Rounds
2y 7m
Est. Remaining
63%
With Interview

Examiner Intelligence

Grants only 35% of cases
35%
Career Allowance Rate
53 granted / 153 resolved
-27.4% vs TC avg
Strong +29% interview lift
Without
With
+28.7%
Interview Lift
resolved cases with interview
Typical timeline
4y 6m
Avg Prosecution
5 currently pending
Career history
164
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
60.4%
+20.4% vs TC avg
§102
27.7%
-12.3% vs TC avg
§112
8.4%
-31.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 153 resolved cases

Office Action

§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 . 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. Claim(s) 1, 2, 4 and 12, 13-15, 23, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 20170164834) in view of Lin et al. (US 10664092). Claims 1, 2, 12 and 13 Park discloses a communication device for interacting with a user, comprising: a sensor (428), detecting a sensing signal from the user ([0072]); an electrode element, configured to touch the user ([0049]); an HBC (Human Body Communication) module ([0048]), coupled to the electrode element; and a processor, coupled to the pressure sensor and the HBC module (figs. 3-5), wherein the processor compares a strength of the sensing signal with a first threshold ([0072]; 703, fig. 7); wherein if the strength of the sensing signal is greater than the first threshold, the processor controls the HBC module to perform a normal HBC process(figs. 7-8). Park further disclose if the strength of the sensing signal is lower than the first threshold, the processor generates a notification signal ([0072], [0082]; figs. 7, 8). Park does not disclose if the strength of the sensing signal is decreased to a second threshold, the processor generates a notification signal. However, Lin discloses an electronic device capable of detecting different level of pressure signal strength by comparing different level of thresholds (first, second … thresholds) (figs. 10-12). The electronic device carries out different functions based on the different strength of the pressure signals. In view of Lin’s disclosure, it would have been obvious to one or ordinary skill in the art before the effective filing date of the application to use a second threshold in the invention of Park to carry out the notification signal because the second threshold is used as a reference point to carry out the notification signal properly. Park further teaches a nonconductive housing wherein the electrode element and pressure sensor are integrated with the nonconductive housing (Park, Fig. 1 cell phone, housing of the cell phone must inherently contain some nonconductive material as part of its structure). Said assertion is also supported by Lin since sensors switches may be integrated into any edge of the housing. Claims 4 and 15, Park discloses a vibrator ([0085]), coupled to the processor, wherein the vibrator is capable of generated a reminder vibration signal according to the notification signal. Claims 23 and 24, Park in view of Lin further teaches where in the electrode element is disposed on an outer side of the nonconductive housing, and the pressure sensor is disposed on an inner side of the nonconductive housing, OR the pressure sensor and the electrode element are disposed on a same side of the nonconductive housing (Park discloses that multiple sensing elements and electrodes may be disposed on the same side of the housing as shown in Fig. 1, either on one edge of the phone or on the back of the phone as long as contact with the user’s palm or hand can be made, Lin further discloses that a multitude of sensors and switches may be disclosed on essentially any side of the housing depending on use, therefore the electrode may be disposed on the outer side in order to provide a pressure sensitive switch, and the pressure sensor may be disclosed on the inner side (skin side) in order to provide contact detection as taught by Park, Col. 3 lines 20-50). Claim(s) 1-2, 4-13 and 15-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 20170164834) in view of Son et al. (US 20120105367). Claims 1, 2, 12 and 13 Park discloses a communication device for interacting with a user, comprising: a sensor (428), detecting a sensing signal from the user ([0072]); an electrode element, configured to touch the user ([0049]); an HBC (Human Body Communication) module ([0048]), coupled to the electrode element; and a processor, coupled to the pressure sensor and the HBC module (figs. 3-5), wherein the processor compares a strength of the sensing signal with a first threshold ([0072]; 703, fig. 7); wherein if the strength of the sensing signal is greater than the first threshold, the processor controls the HBC module to perform a normal HBC process(figs. 7-8). Park further discloses if the strength of the sensing signal is lower than the first threshold, the processor generates a notification signal ([0072], [0082]; figs. 7, 8); and the electrode element can be integrated with the pressure sensor ([0072], {0074]; figs. 1 , 4, 5). Park does not disclose if the strength of the sensing signal is decreased to a second threshold, the processor generates a notification signal. However, Son discloses an electronic device capable of detecting different level of pressure signal strength by comparing different level of thresholds (first, second … thresholds) (figs. 4-8). The electronic device carries out different functions based on the different strength of the pressure signals. In view of Lin’s disclosure, it would have been obvious to one or ordinary skill in the art before the effective filing date of the application to use a second threshold in the invention of Park to carry out the notification signal because the second threshold is used as a reference point to carry out the notification signal properly. Park further teaches a nonconductive housing wherein the electrode element and pressure sensor are integrated with the nonconductive housing (Park, Fig. 1 cell phone, housing of the cell phone must inherently contain some nonconductive material as part of its structure). Claims 4 and 15, Park discloses a vibrator ([0085]), coupled to the processor, wherein the vibrator is capable of generated a reminder vibration signal according to the notification signal. Claims 5 and 16, the combined Park and Son discloses if the strength of the pressure signal is between the first threshold and the second threshold, the processor controls the HBC module to perform a low-speed HBC process (The rate of scroll may be either increased or decreased based on the level of force of touch. [0043], Son) Claims 6 and 17, the combined Park and Son discloses a wireless communication module, coupled to the processor, wherein if the strength of the pressure signal is continuously lower than the second threshold, the processor stops the low-speed HBC process and controls the wireless communication module to perform a wireless communication process ([0094]-[0095], fig. 6, Park). Claims 7, 8, 18 and 19, Park discloses vibrator and speaker ([0085]), and generating a warning signal (notification signal) when a sensing signal deviates from a predetermined threshold ([0072], [0082]). Park may not disclose before the HBC process is terminated, generating an ending vibration/sound signal. However, it is well known in the art to generate a warning vibration signal before a process is terminated. Claims 9 and 20, Park discloses an EEG (Electroencephalography) module (brain wave, [0050]), coupled to the processor, wherein before the normal HBC process is performed, the EEG module receives a setting signal from the user ([0094]-[0095])). Claims 10 and 21, Park discloses the setting signal comprises data relative to a transmission format, an initial transmission rate, and an amplifier supply voltage ([0094]-[0095]). Claims 11 and 22, Park discloses generating a notification signal when a sensing signal deviates from a predetermined threshold ([0072], [0082]). Park may not disclose before the HBC process is terminated, generating an ending EEG signal. However, it is well known in the art to generate an ending notification signal before a process is terminated. Claims 23 and 24, Park further teaches where in the electrode element is disposed on an outer side of the nonconductive housing, and the pressure sensor is disposed on an inner side of the nonconductive housing, OR the pressure sensor and the electrode element are disposed on a same side of the nonconductive housing (Park discloses that multiple sensing elements and electrodes may be disposed on the same side of the housing as shown in Fig. 1, either on one edge of the phone or on the back of the phone as long as contact with the user’s palm or hand can be made, Lin further discloses that a multitude of sensors and switches may be disclosed on essentially any side of the housing depending on use, therefore the electrode may be disposed on the outer side in order to provide a pressure sensitive switch, and the pressure sensor may be disclosed on the inner side (skin side) in order to provide contact detection as taught by Park, Col. 3 lines 20-50). Response to Arguments Applicant's arguments filed 2/24/2026 have been fully considered but they are not persuasive. Applicant argues that prior art fail to teach input devices both sensors and electrodes that are integrated into a non-conductive housing. The examiner respectfully disagrees. As per the rejection above, a non-conductive housing is integral and critical to the operation of the devices of the prior art. If the housing were conductive in the same sense as the electrodes or sensors then the device would not be operation since shorts would be created. It is therefore inherent that the housing as taught by the prior art is at least partially non-conductive and also specifically integrated with the electrodes and sensors. The applicant fails to claim which specific parts of the housing are non-conductive, nor how said integration is implemented in the instant application. The applicant further provides further clarifying dependent claims 23 and 24, however said claims are clearly taught by the prior art as well as clearly showing that placement of the sensors either on opposite, adjacent, or the same side/edge/face of the device is non patentably distinct, since claims 23 and 24 are in direct conflict with one another. Prior art also clearly teach that modifications of placements are arbitrary and based on user and engineering design of individual devices and implementations of the art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ke Xiao whose telephone number is 571-272-7776. The examiner can normally be reached Mon – Fri from 6AM-2PM. 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. 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. /KE XIAO/SPE, Art Unit 2627
Read full office action

Prosecution Timeline

Oct 01, 2024
Application Filed
Jul 15, 2025
Non-Final Rejection mailed — §103
Sep 05, 2025
Response Filed
Dec 15, 2025
Final Rejection mailed — §103
Feb 24, 2026
Request for Continued Examination
Feb 25, 2026
Response after Non-Final Action
Jul 24, 2026
Non-Final Rejection mailed — §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

3-4
Expected OA Rounds
35%
Grant Probability
63%
With Interview (+28.7%)
4y 6m (~2y 7m remaining)
Median Time to Grant
High
PTA Risk
Based on 153 resolved cases by this examiner. Grant probability derived from career allowance rate.

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