Prosecution Insights
Last updated: October 26, 2026
Application No. 18/913,859

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §103§DP
Filed
Oct 11, 2024
Priority
Apr 29, 2022 — continuation of PCTCN2022090805
Examiner
CASCA, FRED A
Art Unit
2644
Tech Center
2600 — Communications
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
12m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
548 granted / 648 resolved
+22.6% vs TC avg
Moderate +13% lift
Without
With
+12.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
19 currently pending
Career history
665
Total Applications
across all art units

Statute-Specific Performance

§101
6.1%
-33.9% vs TC avg
§103
65.4%
+25.4% vs TC avg
§102
4.6%
-35.4% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 648 resolved cases

Office Action

§103 §DP
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 Claim Objection Claims 2, 7, 10, 17 and 20 are objected to because they include the phrases “in case” and “when”. The phrases “in case”, “when”, “if” and “in response to" make the claims elements conditional. A conditional limitation is a claim feature that depends on a certain condition being present. For example, when or if condition X is present, feature Y is implemented or has effect. Without condition X, feature Y may be dormant or have no effect. Applicant should be cognizant of possible conditional limitations implications because conditional limitations may affect claim validity and infringement. In this case, the limitation “if dedicated resource information for the paging signaling is received from the base station” in claims 15 is conditional, thus, the remainder of claim limitations may not happen. See In Ex Parte Schulhauser, the Patent Trial and Appeal Board (“the Board”) held certain claims as unpatentable based on conditional limitations. Ex Parte Schulhauser, Appeal No. 2013-007847 (PTAB April 28, 2016). The claimed subject matter related to “medical devices for monitoring physiological conditions and, in some embodiments, to a minimally invasive implantable device for monitoring a physiological conditions [sic] and detecting the onset of a critical cardiac event such as a myocardial infarction.” U.S. Patent No. 5987352 (filed July 31, 2008). The Board evaluated the effect of conditional limitations on independent method claim 1 and independent system claim 11. Schulhauser at 1. Applicant is required to amend the claims so the claims are presented in positive steps by changing the phrases “in case”, when”, “if” or “in response" to phrases such as “based on” or “after determining”. Applicant is invited to discuss this matter with the examiner. 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. 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. Claim(s) 1-7, 9-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 2022/0294583) in view of CHU (US 2021/0212141). Referring to claim 1: Lu discloses communication method (Par. 5, 17, “MLD devices”, “MLD devices operating using only a single radio, enhanced multi-link single radio operation (EML)”), comprising: performing, by a first multi-link device (MLD) (Par. 17, “method of transmitting data in a wireless network performed by a multi-link device (MLD) is disclosed”), a first listening operation (Par. 8, 5, “performing a listening operation on a plurality of enhanced multi-link single radio (EML) links of the wireless network,”, “The listening operation can include performing clear channel assessment (CCA)”). Lu is not relied on for the limitation “wherein the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability”. However, the concept listening for receiving groupcast frames and switching between listening mode is well-known in the art, as disclosed below by CHU. An advantage of listening for groupcast messages and switching is preventing collisions and optimizing bandwidth utilization and conserving energy and processing resources. In an analogous art, CHU discloses wherein the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability (Par. 44, 57, “STA Multi-link device”, “STA MLD 108”, “ the STA MLD (e.g., STA MLD 108) indicates whether the STA MLD wants to monitor beacons on one link (e.g., link2 106-2) or more than one link (e.g., link2 106-2 and link3 106-3), and the link (e.g., link2 106-2) where it wants to monitor beacons and receive group-addressed frames”, “when an STA MLD and an associated AP MLD agree that the STA MLD monitors the beacons on some of the working links, the AP MLD transmits group addressed frames for the STA MLD on at least one of the links that the STA MLD monitors the beacons”. Par. 58, “The listen interval can be used by the STA MLD to indicate to an AP how often a STA is in power save mode (e.g., asleep) and when the STA MLD is awake (e.g., active) to listen to the beacons sent by an AP MLD”. Note that monitoring during listen interval is equivalent to listening. Further, note that MLD listens/monitors during its listen interval for group addressed frames. Group-addressed frame is equivalent to groupcast frame). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU so that the channels are monitored efficiently for both group-based frames and non-group-based frames, for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 2: The combination of Lu/CHU discloses the method according to claim 1, wherein the first receiving capability is greater than or equal to a second receiving capability, and the second receiving capability is a receiving capability adopted by the first station when the first MLD performs a second listening operation (Lu, Par. 5, “performing a listening operation on a plurality of enhanced multi-link single radio (EML) links”, “The listening operation can include performing clear channel assessment (CCA)”. CHU, Par. 44, 57, “to monitor beacons on one link (e.g., link2 106-2) or more than one link (e.g., link2 106-2 and link3 106-3), and the link (e.g., link2 106-2) where it wants to monitor beacons and receive group-addressed frames”, “when an STA MLD and an associated AP MLD agree that the STA MLD monitors the beacons on some of the working links, the AP MLD transmits group addressed frames for the STA MLD on at least one of the links that the STA MLD monitors the beacons”. Note that the first receiving operation by Chu includes groupcast listening operation while the second listening operation by Lu does not include groupcast, thus, one skilled in the art can conclude the first receiving capability is greater than or equal to a second receiving capability. And further because the second receiving capability includes clear channel assessment, the second receiving capability is a receiving capability adopted by the first station). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 3, the combination of Lu/CHU discloses the method according to claim 1, wherein performing, by the first MLD, the first listening operation, comprises: performing, by the first MLD, the first listening operation based on first information (CHU, Par. 44, 57, “STA MLD makes a negotiation-based decision such that either (i) the STA MLD (e.g., STA MLD 108 depicted in FIG. 1) makes a request for a certain link (e.g., link1 106-1) to be selected as a working link, and the AP MLD (e.g., AP MLD 102) decides whether the requested link (e.g., link1 106-1) is accepted, or (ii) the AP MLD makes a request for a certain link to be selected as a working link, and the STA MLD decides whether the requested link is accepted”. Note that the first MLD monitors the beacons or listens for the beacons frames based on information negotiated with the AP MLD, which is equivalent to the first information. Alternatively, Par. 58 describes “the listen interval can be used by the STA MLD to indicate to an AP how often a STA is in power save mode”, here the listen time interval reads on the first information). Referring to claim 4, the combination of Lu/CHU discloses the method according to claim 3, wherein the first information is used for the first MLD to perform the first listening operation at a target time or before the target time (CHU, Par. 58, “the listen interval can be used by the STA MLD to indicate to an AP how often a STA is in power save mode”, note that the listen time interval information is the target time that the MLD monitors and listens for groupcast frames). Referring to claim 5, the combination of Lu/CHU discloses the method according to claim 4, wherein the target time comprises a first time point, and the first time point comprises at least one of: an expected groupcast frame transmission time point; a target beacon transmission time (TBTT) of an expected delivery traffic indication map (DTIM) beacon frame; a start time of a broadcast target wake time (TWT) service period (SP) for expected transmission of the groupcast frame; a TBTT of a non-space-time block coding (non-STBC) DTIM beacon frame with a current count value of a flexible multicast service (FMS) counter field of a specific FMS stream being zero; or a start time of a groupcast with retries (GCR) service period for expected transmission of the groupcast frame (CHU, Par. 6, 16, “beacon received on link2 includes a TBTT”, Par. 45, “Examples of the critical update may include inclusion of a Channel Switch Announcement element, inclusion of an Extended Channel Switch Announcement element, modification of the Enhanced Distributed Channel Access (EDCA) parameters element, inclusion of a Quiet element, modification of a direct-sequence spread spectrum (DSSS) Parameter Set, modification of a Compact Flash (CF) Parameter set element, modification of the High-Throughput (HT) Operation element, inclusion of a Wide Bandwidth Channel Switch element, inclusion of an Operating Mode Notification element, inclusion of a Quiet Channel element, modification of a Very High-Throughput (VHT) Operation element, modification of a High-Efficiency (HE) element, insertion of a Broadcast Target Wake Time (TWT) element”, note that because of the alternative claim language phrase “at least one of””, it is sufficient for prior art to disclose only one the alternatives). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU by communicating listening interval and a target time so that the device MLD would know listening interval, thus providing an efficient communication system. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 6, the combination of Lu/CHU discloses the method according to claim 5, wherein the first time point is received in advance by the first MLD (CHU, FIG. 2A-5 and Par. 48, “Examples of an updated critical operating parameter may include ... a Target Beacon Transmission Time (TBTT) . . . between link1 206-1 and link2 206-2 (e.g., in a reduced neighbor report). In some embodiments, the beacons 214 on link2 206-2 include updated critical operating parameters (e.g., (extended) channel switch”, note that Target Beacon Transmission Time (TBTT) is one example of a first time point and according to the figures 2A-2C, the TBTT is transmitted in to STA MLD in link 1 or link 2 such that each one the links are information from AP MLD to cause the STA MLD to listen, thus, it would be received in advance by the first MLD). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU by communicating listening interval and a target time so that the device MLD would know listening interval in advance, thus providing an efficient communication system. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 7, the combination of Lu/CHU discloses the method according to claim 3, wherein the first information is determined based on a first indication, and the first indication is used to indicate whether to perform the first listening operation in a case where the groupcast frame needs to be received (CHU, Par. 43, 44, 57, “AP MLD makes a request for a certain link to be selected as a working link, and the STA MLD decides whether the requested link is accepted”. Note that the first MLD receives indication on what type of frames to expect, thus, based on information negotiated with the AP MLD, which is equivalent to the first information which is for groupcast frames. Alternatively, Par. 58 describes “the listen interval can be used by the STA MLD to indicate to an AP how often a STA is in power save mode”, note that the listen time interval reads on the first information for groupcast frame). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU by communicating listening interval and so that the AP MLD would know listening interval, thus providing an efficient communication system. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 9, the combination of Lu/CHU discloses the method according to claim 1, wherein the first station is a station corresponding to a first link on the first MLD (CHU, FIG. 1, Par. 3, 46, “multi-link STA device (STA MLD) that supports a first link, link1”), and the first station is used to listen to the first link (CHU, Par. 46, “selectively monitor beacons on less than all of the working links”, note that the device can listen to or monitor all links which includes the first link); and the first link is a link for transmitting the groupcast frame (CHU, Par. 44, “group-addressed frames … In another embodiment, the STA MLD makes an indication-based decision such that either (i) the STA MLD (e.g., STA MLD 108 depicted in FIG. 1) makes the decision to select a certain link (e.g., link1 106-1) as a working link and notifies the decision to the associated AP MLD”, note that the device and AP decide on link selection and link can be selected for groupcast (groupcast) frame); wherein the first MLD is an MLD operating in an enhanced multi-link single radio (EMLSR) mode (Lu, Par. 5, “MLD devices operating using only a single radio, enhanced multi-link single radio operation (EML)” note that Lu’s “single radio, enhanced multi-link single radio operation (EML) mode” equivalent to claimed “enhanced multi-link single radio (EMLSR) mode”), and the first link is a link in the EMLSR link Lu, Par. 5, “MLD devices operating using only a single radio, enhanced multi-link single radio operation (EML)” note that Lu’s “single radio, enhanced multi-link single radio operation (EML) mode” equivalent to claimed “enhanced multi-link single radio (EMLSR) mode); and the first MLD is a non-access point (non-AP) MLD (Chu, FIG. 2 and Par. 41, “the non-AP STA multi-link device, implemented as STA MLD 108, includes multiple non-AP stations, which are implemented as STAs 110-1, 110-2, and 110-3.”). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU so that the channels are monitored efficiently for both group-based frames and non-group-based frames, thus for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 10, the combination of Lu/CHU discloses the method according to claim 9, wherein in a case where performing the first listening operation by the first MLD is maintaining the first listening operation by the first MLD, the first listening operation is further used for a second station to listen to a second link in the EMLSR link, the second station is a station on the first MLD, and the second link is a link in the EMLSR link other than the first link; or in a case where performing the first listening operation by the first MLD is switching from a second listening operation to the first listening operation by the first multi-link device, the first listening operation enables the second station not to perform listening ((CHU, FIG. 1, Par. 3, 46, “multi-link STA device (STA MLD) that supports a first link, link1”, “selectively monitor beacons on less than all of the working links”, note that the device can listen to or monitor all links which includes the first link); CHU, Par. 44, “group-addressed frames … the STA MLD makes an indication-based decision such that either (i) the STA MLD (e.g., STA MLD 108 depicted in FIG. 1) makes the decision to select a certain link (e.g., link1 106-1) as a working link and notifies the decision to the associated AP MLD”, note that the claim language include alternative limitation “in case”. Thus, limitations following the alternative limitation may not happen. Further, note that the device and AP decide on link selection and link can be selected for groupcast (groupcast) frame and device is MLD in EMLSR link and the MLD is capable of maintaining the first listening operation by the first MLD in the EMLSR link). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU so that the channels are monitored efficiently for both group-based frames and non-group-based frames, thus for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 11: Lu discloses a first multi-link device (MLD) (Par. 5, “MLD devices operating using only a single radio, enhanced multi-link single radio operation (EML)”), comprising a processor and a memory (Par. 19, “a memory, and a processor configured to perform”), wherein the memory is configured to store a computer program, and the processor is configured to invoke and run the computer program stored in the memory, to cause the first MLD to perform: performing a first listening operation (Par. 8, 5, “performing a listening operation on a plurality of enhanced multi-link single radio (EML) links of the wireless network,”, “The listening operation can include performing clear channel assessment (CCA)”), wherein the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability. Lu is silent on explicit claim language wherein the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability. However, the concept listening for receiving groupcast frames and switching between listening mode is well-known in the art, as disclosed below by CHU. An advantage of listening for groupcast messages and switching is preventing collisions and optimizing bandwidth utilization and conserving energy and processing resources. In an analogous art, CHU discloses wherein the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability (Par. 44, 57, “STA Multi-link device”, “STA MLD 108”, “ the STA MLD (e.g., STA MLD 108) indicates whether the STA MLD wants to monitor beacons on one link (e.g., link2 106-2) or more than one link (e.g., link2 106-2 and link3 106-3), and the link (e.g., link2 106-2) where it wants to monitor beacons and receive group-addressed frames”, “when an STA MLD and an associated AP MLD agree that the STA MLD monitors the beacons on some of the working links, the AP MLD transmits group addressed frames for the STA MLD on at least one of the links that the STA MLD monitors the beacons”. Par. 58, “The listen interval can be used by the STA MLD to indicate to an AP how often a STA is in power save mode (e.g., asleep) and when the STA MLD is awake (e.g., active) to listen to the beacons sent by an AP MLD”. Note that monitoring during listen interval is equivalent to listening. Further, note that MLD listens/monitors during its listen interval for group addressed frames. Group-addressed frame is equivalent to groupcast frame). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU so that the channels are monitored efficiently for both group-based frames and non-group-based frames, for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 12, Lu discloses a second multi-link device (MLD) (Par. 8, 42, FIG. 1-5 their descriptions, “AP MLD”, “A wireless access point (AP) multi-link device (MLD) can initiate frame exchanges with a non-AP MLD operating in EML mode”), comprising a processor and a memory, wherein the memory is configured to store a computer program, and the processor is configured to invoke and run the computer program stored in the memory (FIG. 1-3 and 5, and Par. 50, “AP MLD 105 transmits an initial MU-RTS frame (R) over Channel 2 to initiate a frame exchange with non-AP (STA) MLD 120. In response, non-AP MLD 120 transmits a CTS frame to AP MLD 105 over Channel 2. Data is then transmitted in an EML operation from AP MLD 105 to non-AP MLD 120 over Channel 2 using Radio 2 115 of AP MLD 105 and radio 125 of non-AP MLD 120, where radio 125 is configured to operate on Channel 1 and Channel 2 in EML mode”, note that AP MLD communicates electronically with the device MLD and performs operation outlined in figure 5, thus, it includes a processor and a memory, wherein the memory is configured to store a computer program, and the processor is configured to invoke and run the computer program stored in the memory), to cause the second MLD to perform: transmitting first information, wherein the first information is used for a first MLD to perform a first listening operation (Par. 41, “When an AP MLD obtains channel access on one of the EML channels, the AP MLD transmits an initial control frame on that channel. An STA listening on the same channel receives the initial control frame and responsively enables multiple spatial streams to receive data on that channel”, Par. 17, “method of transmitting data in a wireless network performed by a multi-link device (MLD) is disclosed”, Par. 8, 5, 42, “performing a listening operation on a plurality of enhanced multi-link single radio (EML) links of the wireless network,”, “The listening operation can include performing clear channel assessment (CCA)”, “A wireless access point (AP) multi-link device (MLD) can initiate frame exchanges with a non-AP MLD operating in EML mode on one of the enabled links by transmitting an initial control frame to a wireless station (STA) of the non-AP MLD. After receiving the initial control frame on one of the enabled links, the non-AP MLD may initiate a timer (e.g., an E-timer) to keep track of the duration of the frame exchange sequence initiated by the AP MLD”). Lu is not relied on for the limitation “wherein the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability”. However, the concept listening for receiving groupcast frames and switching between listening mode is well-known in the art, as disclosed below by CHU. An advantage of listening for groupcast messages and switching is preventing collisions and optimizing bandwidth utilization and conserving energy and processing resources. In an analogous art, CHU discloses wherein the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability (Par. 44, 57, “STA Multi-link device”, “STA MLD 108”, “ the STA MLD (e.g., STA MLD 108) indicates whether the STA MLD wants to monitor beacons on one link (e.g., link2 106-2) or more than one link (e.g., link2 106-2 and link3 106-3), and the link (e.g., link2 106-2) where it wants to monitor beacons and receive group-addressed frames”, “when an STA MLD and an associated AP MLD agree that the STA MLD monitors the beacons on some of the working links, the AP MLD transmits group addressed frames for the STA MLD on at least one of the links that the STA MLD monitors the beacons”. Par. 58, “The listen interval can be used by the STA MLD to indicate to an AP how often a STA is in power save mode (e.g., asleep) and when the STA MLD is awake (e.g., active) to listen to the beacons sent by an AP MLD”. Note that monitoring during listen interval is equivalent to listening. Further, note that MLD listens/monitors during its listen interval for group addressed frames. Group-addressed frame is equivalent to groupcast frame). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU so that the channels are monitored efficiently for both group-based frames and non-group-based frames, for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 13, the combination of Lu/CHU discloses the second MLD according to claim 12, wherein the first receiving capability is greater than or equal to a second receiving capability, the second receiving capability is a receiving capability adopted by the first station on the first MLD indicated by a second listening operation, and the second listening operation is a listening operation that the first MLD is capable of performing (Lu, Par. 5, “performing a listening operation on a plurality of enhanced multi-link single radio (EML) links”, “The listening operation can include performing clear channel assessment (CCA)”. CHU, Par. 44, 57, “to monitor beacons on one link (e.g., link2 106-2) or more than one link (e.g., link2 106-2 and link3 106-3), and the link (e.g., link2 106-2) where it wants to monitor beacons and receive group-addressed frames”, “when an STA MLD and an associated AP MLD agree that the STA MLD monitors the beacons on some of the working links, the AP MLD transmits group addressed frames for the STA MLD on at least one of the links that the STA MLD monitors the beacons”. Note that the first receiving operation by Chu includes groupcast listening operation while the second listening operation by Lu does not include groupcast, thus, one skilled in the art can conclude the first receiving capability is greater than or equal to a second receiving capability. And further because the second receiving capability includes clear channel assessment, the second receiving capability is a receiving capability adopted by the first station). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 14, the combination of Lu/CHU discloses the second MLD according to claim 12, wherein the first information is used for the first MLD to perform the first listening operation at a target time or before the target time (CHU, Par. 58, “the listen interval can be used by the STA MLD to indicate to an AP how often a STA is in power save mode”, note that the listen time interval information is the target time that the MLD monitors and listens for groupcast frames). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 15, the combination of Lu/CHU discloses the second MLD according to claim 14, wherein the target time comprises a first time point, and the first time point comprises at least one of: an expected groupcast frame transmission time point; a target beacon transmission time (TBTT) of an expected delivery traffic indication map (DTIM) beacon frame; a start time of a broadcast target wake time (TWT) service period (SP) for expected transmission of the groupcast frame; a TBTT of a non-space-time block coding (non-STBC) DTIM beacon frame with a current count value of a flexible multicast service (FMS) counter field of a specific FMS stream being zero; or a start time of a groupcast with retries (GCR) service period for expected transmission of the groupcast frame (CHU, Par. 6, 16, “beacon received on link2 includes a TBTT”, Par. 45, “Examples of the critical update may include inclusion of a Channel Switch Announcement element, inclusion of an Extended Channel Switch Announcement element, modification of the Enhanced Distributed Channel Access (EDCA) parameters element, inclusion of a Quiet element, modification of a direct-sequence spread spectrum (DSSS) Parameter Set, modification of a Compact Flash (CF) Parameter set element, modification of the High-Throughput (HT) Operation element, inclusion of a Wide Bandwidth Channel Switch element, inclusion of an Operating Mode Notification element, inclusion of a Quiet Channel element, modification of a Very High-Throughput (VHT) Operation element, modification of a High-Efficiency (HE) element, insertion of a Broadcast Target Wake Time (TWT) element”, note that because of the alternative claim language phrase “at least one of””, it is sufficient for prior art to disclose only one the alternatives). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU by communicating listening interval and so that the AP MLD would know listening interval, thus providing an efficient communication system. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 16, the combination of Lu/CHU discloses the method according to claim 15, wherein the first time point is determined by the second MLD. (FIG. 2A-5 and Par. 48, “Examples of an updated critical operating parameter may include ... a Target Beacon Transmission Time (TBTT) . . . between link1 206-1 and link2 206-2 (e.g., in a reduced neighbor report). In some embodiments, the beacons 214 on link2 206-2 include updated critical operating parameters (e.g., (extended) channel switch”, note that Target Beacon Transmission Time (TBTT) is one example of a first time point and according to the figures 2A-2C, the TBTT is transmitted by AP MLD in link 1 or link 2, thus the AP MLD determines it. The AP MLD is equivalent to the second MLD). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU by communicating listening interval and a target time so that the device MLD would know listening interval in advance, thus providing an efficient communication system. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 17, the combination of Lu/CHU discloses the second MLD according to claim 12, wherein the first information is determined based on a first indication, and the first indication is used to indicate whether to perform the first listening operation in a case where the groupcast frame needs to be received (CHU, Par. 43, 44, 57, “AP MLD makes a request for a certain link to be selected as a working link, and the STA MLD decides whether the requested link is accepted”. Note that the first MLD receives indication on what type of frames to expect, thus, based on information negotiated with the AP MLD, which is equivalent to the first information which is for groupcast frames. Alternatively, Par. 58 describes “the listen interval can be used by the STA MLD to indicate to an AP how often a STA is in power save mode”, note that the listen time interval reads on the first information for groupcast frame). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU by communicating listening interval and so that the AP MLD would know listening interval, thus providing an efficient communication system. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 19, the combination of Lu/CHU discloses the second MLD according to claim 12, wherein the first station is a station corresponding to a first link on the first MLD (CHU, FIG. 1, Par. 3, 46, “multi-link STA device (STA MLD) that supports a first link, link1”), and the first station is used to listen to the first link (CHU, Par. 46, “selectively monitor beacons on less than all of the working links”, note that the device can listen to or monitor all links which includes the first link); and the first link is a link for transmitting the groupcast frame (CHU, Par. 44, “group-addressed frames … In another embodiment, the STA MLD makes an indication-based decision such that either (i) the STA MLD (e.g., STA MLD 108 depicted in FIG. 1) makes the decision to select a certain link (e.g., link1 106-1) as a working link and notifies the decision to the associated AP MLD”, note that the device and AP decide on link selection and link can be selected for groupcast (groupcast) frame); wherein the first MLD is an MLD operating in an enhanced multi-link single radio (EMLSR) mode (Lu, Par. 5, “MLD devices operating using only a single radio, enhanced multi-link single radio operation (EML)” note that Lu’s “single radio, enhanced multi-link single radio operation (EML) mode” equivalent to claimed “enhanced multi-link single radio (EMLSR) mode”), and the first link is a link in the EMLSR link Lu, Par. 5, “MLD devices operating using only a single radio, enhanced multi-link single radio operation (EML)” note that Lu’s “single radio, enhanced multi-link single radio operation (EML) mode” equivalent to claimed “enhanced multi-link single radio (EMLSR) mode); and the first MLD is a non-access point (non-AP) MLD (Chu, FIG. 2 and Par. 41, “the non-AP STA multi-link device, implemented as STA MLD 108, includes multiple non-AP stations, which are implemented as STAs 110-1, 110-2, and 110-3.”). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU so that the channels are monitored efficiently for both group-based frames and non-group-based frames, thus for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 20, the combination of Lu/CHU discloses the second MLD according to claim 19, wherein in a case where performing the first listening operation by the first MLD is maintaining the first listening operation by the first multi-link device (MLD), the first listening operation is further used for a second station to listen to a second link in the EMLSR link, the second station is a station on the first MLD, and the second link is a link in the EMLSR link other than the first link; or in a case where performing the first listening operation by the first MLD is switching from a second listening operation to the first listening operation by the first multi-link device, the first listening operation enables the second station not to perform listening (CHU, FIG. 1, Par. 3, 46, “multi-link STA device (STA MLD) that supports a first link, link1”, “selectively monitor beacons on less than all of the working links”, note that the device can listen to or monitor all links which includes the first link); CHU, Par. 44, “group-addressed frames … the STA MLD makes an indication-based decision such that either (i) the STA MLD (e.g., STA MLD 108 depicted in FIG. 1) makes the decision to select a certain link (e.g., link1 106-1) as a working link and notifies the decision to the associated AP MLD”, note that the claim language include alternative limitation “in case”. Thus, limitations following the alternative limitation may not happen. Further, note that the device and AP decide on link selection and link can be selected for groupcast (groupcast) frame and device is MLD in EMLSR link and the MLD is capable of maintaining the first listening operation by the first MLD in the EMLSR link). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Lu by incorporating the teachings of CHU so that the channels are monitored efficiently for both group-based frames and non-group-based frames, thus for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu (US 2022/0294583) in view of CHU (US 2021/0212141) and further in view of Monajemi (US 2021/0321473). Referring to claim 8, the combination of Lu/CHU discloses the method according to claim 1. The combination is not relied on for wherein the first receiving capability comprises at least one of: a first rate, a first modulation and coding strategy (MCS), a first spatial stream (SS), or a first bandwidth (BW); and/or the second receiving capability comprises at least one of: a second rate, a second modulation and coding strategy (MCS), a second spatial stream (SS), or a second bandwidth (BW); and the second receiving capability is a receiving capability of the first station under a second listening operation; wherein the first rate is greater than or equal to the second rate; the first MCS is better than or equal to the second MCS; the first SS is greater than or equal to the second SS; and the first BW is greater than or equal to the second BW. In an analogous art, Monajemi discloses wherein the first receiving capability comprises at least one of: a first rate, a first modulation and coding strategy (MCS), a first spatial stream (SS), or a first bandwidth (BW); and/or a second receiving capability comprises at least one of: a second rate, a second modulation and coding strategy (MCS), a second spatial stream (SS), or a second bandwidth (BW); and the second receiving capability is a receiving capability of the first station under the second listening operation; wherein the first rate is greater than or equal to the second rate; the first MCS is better than or equal to the second MCS; the first SS is greater than or equal to the second SS; and the first BW is greater than or equal to the second BW (Par. 77, “Upon receiving a capabilities report from MLD client 120 that includes the above-listed MCS/Nss information”, note that the claim language include alternative language “at least one of”. Thus, based on a broad interpretation, the prior art sufficiently discloses only one of the alternatives, particularly the second modulation and coding strategy (MCS). Par. 77 describes a MLD’s capability includes MCS strategy. Further note that a MLD (Multi-Link Device) receiving capability includes the ability to utilize various Modulation and Coding Schemes (MCS) because the MCS used for any given transmission depends on the quality of the radio frequency (RF) environment at that moment). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the combination by incorporating the teachings of Monajemi, for the purpose of utilizing various Modulation and Coding Schemes (MCS) schemes because the MCS used for any given transmission depends on the quality of the radio frequency (RF) environment at that moment. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Referring to claim 18, claim 18 recites features analogous to the features of claim 8, thus, it is rejected for the same reasons as set forth above. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 1, 3-5, 7, 9, 11-12, 14-15, 17 and 19 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1, 5-9, and 11-15 of U.S. Patent No. 12,690,065. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the Patent No. 12,690,065 with obvious wording variations. The table below shows a direct comparison and mapping of the claims of the instant application and claims of the Patent. Claims of the instant application: 1.A communication method, comprising: performing, by a first multi-link device (MLD), a first listening operation, wherein the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability. 3. The method according to claim 1, wherein performing, by the first MLD, the first listening operation, comprises: performing, by the first MLD, the first listening operation based on first information. 4. The method according to claim 3, wherein the first information is used for the first MLD to perform the first listening operation at a target time or before the target time. 5. The method according to claim 4, wherein the target time comprises a first time point, and the first time point comprises at least one of: an expected groupcast frame transmission time point; a target beacon transmission time (TBTT) of an expected delivery traffic indication map (DTIM) beacon frame; a start time of a broadcast target wake time (TWT) service period (SP) for expected transmission of the groupcast frame; a TBTT of a non-space-time block coding (non-STBC) DTIM beacon frame with a current count value of a flexible multicast service (FMS) counter field of a specific FMS stream being zero; or a start time of a groupcast with retries (GCR) service period for expected transmission of the groupcast frame. 7. The method according to claim 3, wherein the first information is determined based on a first indication, and the first indication is used to indicate whether to perform the first listening operation in a case where the groupcast frame needs to be received. 8. The method according to claim 1, wherein the first receiving capability comprises at least one of: a first rate, a first modulation and coding strategy (MCS), a first spatial stream (SS), or a first bandwidth (BW); and/or the second receiving capability comprises at least one of: a second rate, a second modulation and coding strategy (MCS), a second spatial stream (SS), or a second bandwidth (BW); and the second receiving capability is a receiving capability of the first station under a second listening operation; wherein the first rate is greater than or equal to the second rate; the first MCS is better than or equal to the second MCS; the first SS is greater than or equal to the second SS; and the first BW is greater than or equal to the second BW. 9. The method according to claim 1, wherein the first station is a station corresponding to a first link on the first MLD, and the first station is used to listen to the first link; and the first link is a link for transmitting the groupcast frame; wherein the first MLD is an MLD operating in an enhanced multi-link single radio (EMLSR) mode, and the first link is a link in the EMLSR link; and the first MLD is a non-access point (non-AP) MLD. 11. A first multi-link device (MLD), comprising a processor and a memory, wherein the memory is configured to store a computer program, and the processor is configured to invoke and run the computer program stored in the memory, to cause the first MLD to perform: performing a first listening operation, wherein the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability. 12. A second multi-link device (MLD), comprising a processor and a memory, wherein the memory is configured to store a computer program, and the processor is configured to invoke and run the computer program stored in the memory, to cause the second MLD to perform: transmitting first information, wherein the first information is used for a first MLD to perform a first listening operation, and the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability. 14. The second MLD according to claim 12, wherein the first information is used for the first MLD to perform the first listening operation at a target time or before the target time. 15. The second MLD according to claim 14, wherein the target time comprises a first time point, and the first time point comprises at least one of: an expected groupcast frame transmission time point; a target beacon transmission time (TBTT) of an expected delivery traffic indication map (DTIM) beacon frame; a start time of a broadcast target wake time (TWT) service period (SP) for expected transmission of the groupcast frame; a TBTT of a non-space-time block coding (non-STBC) DTIM beacon frame with a current count value of a flexible multicast service (FMS) counter field of a specific FMS stream being zero; or a start time of a groupcast with retries (GCR) service period for expected transmission of the groupcast frame. 17. The second MLD according to claim 12, wherein the first information is determined based on a first indication, and the first indication is used to indicate whether to perform the first listening operation in a case where the groupcast frame needs to be received. 18. The second MLD according to claim 12, wherein the first receiving capability comprises at least one of: a first rate, a first modulation and coding strategy (MCS), a first spatial stream (SS), or a first bandwidth (BW); and/or the second receiving capability comprises at least one of: a second rate, a second modulation and coding strategy (MCS), a second spatial stream (SS), or a second bandwidth (BW); and the second receiving capability is a receiving capability of the first station under a second listening operation; wherein the first rate is greater than or equal to the second rate; the first MCS is better than or equal to the second MCS; the first SS is greater than or equal to the second SS; and the first BW is greater than or equal to the second BW. 19. The second MLD according to claim 12, wherein the first station is a station corresponding to a first link on the first MLD, and the first station is used to listen to the first link; and the first link is a link for transmitting the groupcast frame; wherein the first MLD and the second MLD are MLDs operating in an enhanced multi-link single radio (EMLSR) mode, and the first link is a link in the EMLSR link; and the second MLD is an access point (AP) MLD, and the first MLD is a non-access point (non-AP) MLD corresponding to the AP MLD. Claims of the Patent No. 12,690, 065 1.A communication method, applied to a first multi-link device (MLD) operating in an enhanced multi-link single radio (EMLSR) mode, comprising: performing, by the first MLD, a second listening operation, wherein the second listening operation comprises: the first MLD performing a clear channel assessment (CCA) and receiving an initial control frame of a frame exchange sequence transmitted by an access point (AP) MLD through an affiliated station that operates on an EMLSR link in an awake state; and performing, by the first MLD, a first listening operation, wherein the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability; wherein the first MLD switches from the second listening operation to the first listening operation at a target time or before the target time; wherein the number of spatial streams of the first listening operation is greater than or equal to the number of spatial streams of the second listening operation; wherein the first station is a station corresponding to a first link on the first MLD, and the first station is used to listen to the first link; and the first link is a link for transmitting the groupcast frame; wherein the first link is a link in the EMLSR link; and the first MLD is a non-access point (non-AP) MLD; wherein the first listening operation is performed after the first MLD is switched from the second listening operation to the first listening operation, and the first listening operation enables a second station not to perform listening; wherein the second station is a station on the first MLD, and the second link is a link in the EMLSR link other than the first link. 2. The method according to claim 1, wherein the first MLD switches from the first listening operation to the second listening operation after the groupcast frame is received completely. 3. The method according to claim 1, wherein after performing the second listening operation, affiliated stations, corresponding to all links in the EMLSR link that are in the awake state, of the first MLD are in a listening state, wherein a capability of each station in the EMLSR link to perform a listening operation is limited. 4. The method according to claim 1, wherein a target initial control frame carries a specified padding duration. 5. The method according to claim 1, wherein performing, by the first MLD, the first listening operation, comprises: performing, by the first MLD, the first listening operation based on first information. 6. The method according to claim 5, wherein the first information is used for the first MLD to perform the first listening operation at the target time or before the target time. 7. The method according to claim 1, wherein the target time comprises a first time point, and the first time point comprises at least one of: an expected groupcast frame transmission time point; or a target beacon transmission time (TBTT) of an expected delivery traffic indication map (DTIM) beacon frame. 8. The method according to claim 5, wherein the first information is determined based on a first indication, and the first indication is used to indicate whether to perform the first listening operation after determining that the groupcast frame needs to be received. 9. A first multi-link device (MLD), operating in an enhanced multi-link single radio (EMLSR) mode and comprising a processor and a memory, wherein the memory is configured to store a computer program, and the processor is configured to invoke and run the computer program stored in the memory, to cause the first MLD to perform: performing a second listening operation, wherein the second listening operation comprises: the first MLD performing a clear channel assessment (CCA) and receiving an initial control frame of a frame exchange sequence transmitted by an access point (AP) MLD through an affiliated station that operates on an EMLSR link in an awake state; and performing a first listening operation, wherein the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability; wherein the first MLD switches from the second listening operation to the first listening operation at a target time or before the target time; wherein the number of spatial streams of the first listening operation is greater than or equal to the number of spatial streams of the second listening operation; wherein the first station is a station corresponding to a first link on the first MLD, and the first station is used to listen to the first link; and the first link is a link for transmitting the groupcast frame; wherein the first link is a link in the EMLSR link; and the first MLD is a non-access point (non-AP) MLD; wherein the first listening operation is performed after the first MLD is switched from the second listening operation to the first listening operation, and the first listening operation enables a second station not to perform listening; wherein the second station is a station on the first MLD, and the second link is a link in the EMLSR link other than the first link. 10. The first MLD according to claim 9, wherein the first MLD switches from the first listening operation to the second listening operation after the groupcast frame is received completely. 11. The first MLD according to claim 9, wherein after performing the second listening operation, affiliated stations, corresponding to all links in the EMLSR link that are in the awake state, of the first MLD are in a listening state, wherein a capability of each station in the EMLSR link to perform a listening operation is limited. 12. The first MLD according to claim 9, wherein a target initial control frame carries a specified padding duration. 13. The first MLD according to claim 9, wherein the first MLD is configured to perform the first listening operation based on first information. 14. The first MLD according to claim 13, wherein the first information is used for the first MLD to perform the first listening operation at the target time or before the target time. 15. The first MLD according to claim 9, wherein the target time comprises a first time point, and the first time point comprises at least one of: an expected groupcast frame transmission time point; or a target beacon transmission time (TBTT) of an expected delivery traffic indication map (DTIM) beacon frame. Regarding Independent Claim 1: As can be seen in the table below, independent claim 1 of Patent include all the limitations of independent claim 1 of the instant application plus additional limitation. The Table below maps and compares limitations of the instant application claims against the limitations of the Patent claims. In comparing of claim 1 of instant application to claim 1 of the patent, all limitations of the instant application are found in the patent claim 1 and they are bolded. The additional limitations in claim 1 of patent are underlined. Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to derive the claims of the instant application by simply deleting some of the limitations of the patent claims and thereby presenting a broader version of the patent claim. Regarding Independent Claim 11: As can be seen in the table below, independent claim 9 of Patent include all the limitations of independent claim 11 of the instant application plus additional limitation. The Table below maps and compares limitations of the instant application claims against the limitations of the Patent claims. In comparing of claim 1 of instant application to claim 9 of the patent, all limitations of the instant application are found in the patent claim 9 and they are bolded. The additional limitations in claim 1 of patent are underlined. Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to derive the claims of the instant application by simply deleting some of the limitations of the patent claims and thereby presenting a broader version of the patent claim. Regarding Independent Claim 12: As can be seen in the table below, independent claim 12 can be derived from independent claim 9 of the Patent. Except that the claim 12 discusses includes a second multi-link device (MLD), that transmits first information, wherein the first information is used for a first MLD to perform a first listening operation, and the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability. But these the limitations “a first MLD to perform a first listening operation, and the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability” are claimed in claim 9 and further, the second MLD transmitting first information causing first MLD to perform a first listening operation, and the first listening operation is used for a first station on the first MLD to receive a groupcast frame using a first receiving capability can be derived from the additional limitations (the underlined portions) of claim 9. Thus, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to derive the claims of the instant application by simply deleting some of the limitations of the patent claims and thereby presenting a broader version of the patent claim. Regarding Claims 3-5, 7 and 14-15: Dependent claims 3-5, 7 and 14-15 are identical to claims 5-8 and 14-15 of the patent claims respectively, thus, they are rejected by being unpatentable over claims 5-8 and 14-15 of U.S. Patent No. 12,690065 claims. Regarding Claims 9 and 19: The limitations of dependent claims 9 and 19 are found in the underlined portions of Patent claims 1 and 9, thus, they are rejected by being unpatentable over claims 1 and 9 of U.S. Patent No. 12,690,065 claims Regarding Claim 17: Limitations of dependent claims 17 is identically found in the limitations of claim 8 of the patent claims, thus, it is rejected by being unpatentable over claim 8 of Patent No. 12,690, 065 claims. Claims 2 and 13 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1 and 9 of U.S. Patent No. 12,690, 065 in view of Lu (US 2022/0294583). Regarding Claim 2 and 13: As it can be seen in the table below, independent claims 1 and 9 of Patent include all the limitations of independent claims 1 and 12 of the instant application. However, Patent claims do not disclose the limitation, wherein the first receiving capability is greater than or equal to a second receiving capability, and the second receiving capability is a receiving capability adopted by the first station when the first MLD performs a second listening operation. In an analogous art, Lu discloses wherein the first receiving capability is greater than or equal to a second receiving capability, and the second receiving capability is a receiving capability adopted by the first station when the first MLD performs a second listening operation (Lu, Par. 5, “performing a listening operation on a plurality of enhanced multi-link single radio (EML) links”, “The listening operation can include performing clear channel assessment (CCA)”. CHU, Par. 44, 57, “to monitor beacons on one link (e.g., link2 106-2) or more than one link (e.g., link2 106-2 and link3 106-3), and the link (e.g., link2 106-2) where it wants to monitor beacons and receive group-addressed frames”, “when an STA MLD and an associated AP MLD agree that the STA MLD monitors the beacons on some of the working links, the AP MLD transmits group addressed frames for the STA MLD on at least one of the links that the STA MLD monitors the beacons”. Note that the first receiving operation by Chu includes groupcast listening operation while the second listening operation by Lu does not include groupcast, thus, one skilled in the art can conclude the first receiving capability is greater than or equal to a second receiving capability. And further because the second receiving capability includes clear channel assessment, the second receiving capability is a receiving capability adopted by the first station). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the Patent claims, by incorporating the teachings of Lu, as claimed, for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Claims 6, 10, 16 and 20 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1 and 9 of U.S. Patent No. 12,690, 065 in view of CHU (US 20210212141). Regarding Claim 6 and 16: As it can be seen in the table below, independent claims 1 and 9 of Patent include all the limitations of independent claims 1 and 12 of the instant application. However, Patent claims do not disclose the limitation wherein the first time point is received in advance by the first MLD. In an analogous art, CHU discloses wherein the first time point is received in advance by the first MLD (Lu, Par. 5, “performing a listening operation on a plurality of enhanced multi-link single radio (EML) links”, “The listening operation can include performing clear channel assessment (CCA)”. CHU, Par. 44, 57, “to monitor beacons on one link (e.g., link2 106-2) or more than one link (e.g., link2 106-2 and link3 106-3), and the link (e.g., link2 106-2) where it wants to monitor beacons and receive group-addressed frames”, “when an STA MLD and an associated AP MLD agree that the STA MLD monitors the beacons on some of the working links, the AP MLD transmits group addressed frames for the STA MLD on at least one of the links that the STA MLD monitors the beacons”. Note that the first receiving operation by Chu includes groupcast listening operation while the second listening operation by Lu does not include groupcast, thus, one skilled in the art can conclude the first receiving capability is greater than or equal to a second receiving capability. And further because the second receiving capability includes clear channel assessment, the second receiving capability is a receiving capability adopted by the first station). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the Patent claims, by incorporating the teachings of CHU, as claimed, by communicating listening interval and a target time so that the device MLD would know listening interval in advance, thus providing an efficient communication system. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Regarding Claim 10 and 20: As it can be seen in the table below, independent claims 1 and 9 of Patent include all the limitations of independent claims 1 and 12 of the instant application. However, Patent claims do not disclose the limitation wherein in a case where performing the first listening operation by the first MLD is maintaining the first listening operation by the first MLD, the first listening operation is further used for a second station to listen to a second link in the EMLSR link, the second station is a station on the first MLD, and the second link is a link in the EMLSR link other than the first link; or in a case where performing the first listening operation by the first MLD is switching from a second listening operation to the first listening operation by the first multi-link device, the first listening operation enables the second station not to perform listening. In an analogous art, CHU discloses wherein in a case where performing the first listening operation by the first MLD is maintaining the first listening operation by the first MLD, the first listening operation is further used for a second station to listen to a second link in the EMLSR link, the second station is a station on the first MLD, and the second link is a link in the EMLSR link other than the first link; or in a case where performing the first listening operation by the first MLD is switching from a second listening operation to the first listening operation by the first multi-link device, the first listening operation enables the second station not to perform listening (CHU, FIG. 1, Par. 3, 46, “multi-link STA device (STA MLD) that supports a first link, link1”, “selectively monitor beacons on less than all of the working links”, note that the device can listen to or monitor all links which includes the first link); CHU, Par. 44, “group-addressed frames … the STA MLD makes an indication-based decision such that either (i) the STA MLD (e.g., STA MLD 108 depicted in FIG. 1) makes the decision to select a certain link (e.g., link1 106-1) as a working link and notifies the decision to the associated AP MLD”, note that the claim language include alternative limitation “in case”. Thus, limitations following the alternative limitation may not happen. Further, note that the device and AP decide on link selection and link can be selected for groupcast (groupcast) frame and device is MLD in EMLSR link and the MLD is capable of maintaining the first listening operation by the first MLD in the EMLSR link). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the Patent claims, by incorporating the teachings of CHU CHU so that the channels are monitored efficiently for both group-based frames and non-group-based frames, thus for the purpose of using awake time efficiently, optimizing bandwidth utilization and conserving energy and processing resources. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Claims 8 and 18 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1 and 9 of U.S. Patent No. 12,690, 065 in view of Monajemi (US 20210321473). Regarding Claim 8 and 18: As it can be seen in the table below, independent claims 1 and 9 of Patent include all the limitations of independent claims 1 and 12 of the instant application. However, Patent claims do not disclose the limitation, first receiving capability comprises at least one of: a first rate, a first modulation and coding strategy (MCS), a first spatial stream (SS), or a first bandwidth (BW); and/or the second receiving capability comprises at least one of: a second rate, a second modulation and coding strategy (MCS), a second spatial stream (SS), or a second bandwidth (BW); and the second receiving capability is a receiving capability of the first station under a second listening operation; wherein the first rate is greater than or equal to the second rate; the first MCS is better than or equal to the second MCS; the first SS is greater than or equal to the second SS; and the first BW is greater than or equal to the second BW. In an analogous art, Monajemi discloses first receiving capability comprises at least one of: a first rate, a first modulation and coding strategy (MCS), a first spatial stream (SS), or a first bandwidth (BW); and/or the second receiving capability comprises at least one of: a second rate, a second modulation and coding strategy (MCS), a second spatial stream (SS), or a second bandwidth (BW); and the second receiving capability is a receiving capability of the first station under a second listening operation; wherein the first rate is greater than or equal to the second rate; the first MCS is better than or equal to the second MCS; the first SS is greater than or equal to the second SS; and the first BW is greater than or equal to the second BW (Par. 77, “Upon receiving a capabilities report from MLD client 120 that includes the above-listed MCS/Nss information”, note that the claim language include alternative language “at least one of”. Thus, based on a broad interpretation, the prior art sufficiently discloses only one of the alternatives, particularly the second modulation and coding strategy (MCS). Par. 77 describes a MLD’s capability includes MCS strategy. Further note that a MLD (Multi-Link Device) receiving capability includes the ability to utilize various Modulation and Coding Schemes (MCS) because the MCS used for any given transmission depends on the quality of the radio frequency (RF) environment at that moment). It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the Patent claims, by incorporating the teachings of Monajemi, for the purpose of utilizing various Modulation and Coding Schemes (MCS) schemes because the MCS used for any given transmission depends on the quality of the radio frequency (RF) environment at that moment. Further, this is an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRED A CASCA whose telephone number is (571)272-7918. The examiner can normally be reached on Monday through Friday from 9 to 5. 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, Kathy Wang-Hurst, can be reached at (571) 270-5371. 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). /FRED A CASCA/Primary Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Oct 11, 2024
Application Filed
Oct 02, 2026
Non-Final Rejection mailed — §103, §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12772277
METHOD AND SYSTEM FOR ANTENNA INTEGRATED RADIO (AIR) DOWNLINK AND UPLINK BEAM POLARIZATION ADAPTATION
2y 6m to grant Granted Oct 20, 2026
Patent 12772116
DETECTING PRESENCE OF RADIO ACCESS NETWORK (RAN) SHARING AND DETERMINING RAN SHARING TYPE
2y 1m to grant Granted Oct 20, 2026
Patent 12764617
Conditional Configuration in a Distributed Base Station
4y 2m to grant Granted Oct 13, 2026
Patent 12763846
METHOD AND DEVICE FOR DETERMINING SATELLITE LINK INFORMATION
3y 2m to grant Granted Oct 13, 2026
Patent 12763896
COMMUNICATION APPARATUS, SYSTEM, AND METHOD
2y 10m to grant Granted Oct 13, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
98%
With Interview (+12.9%)
3y 0m (~12m remaining)
Median Time to Grant
Low
PTA Risk
Based on 648 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month