Prosecution Insights
Last updated: October 23, 2026
Application No. 18/939,238

COMMUNICATION DEVICE AND COMMUNICATION METHOD

Non-Final OA §103
Filed
Nov 06, 2024
Priority
Sep 06, 2019 — JP 2019-162963 +2 more
Examiner
WONG, XAVIER S
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Panasonic Holdings Corporation
OA Round
2 (Non-Final)
88%
Grant Probability
Favorable
2-3
OA Rounds
9m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
906 granted / 1030 resolved
+30.0% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
28 currently pending
Career history
1070
Total Applications
across all art units

Statute-Specific Performance

§101
7.9%
-32.1% vs TC avg
§103
54.7%
+14.7% vs TC avg
§102
23.4%
-16.6% vs TC avg
§112
4.7%
-35.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1030 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1, 4, 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al (US 2019/0182736 A1) in view of Shapira (US 2013/0010719 A1). Claim 1 (similarly Claim 6). Jung shows a communication apparatus (figs. 1, 2 and 3: AP 200), comprising: circuitry (fig. 1: processor 210), which in operation, generates a first beacon signal including a first SSID (Service Set Identifier) ([0088]: as the wireless LAN service profile for the first frequency band identified by a first SSID, a first OUI value contained in the management frame such as the beacon or probe response received in the first frequency band may be stored) and a second beacon signal including a second SSID ([0088]: the terminal, which does not store the second wireless LAN service profile for the second frequency band identified by the second SSID (namely, which does not have a history of accessing the second frequency band), is able to check a second OUI value contained in the management frame such as the beacon or prove response received in the second frequency band while being connected to the first frequency band); and a transmitter, which in operation, transmits the first beacon signal on a first frequency band and the second beacon signal on a second frequency band ([0063]: the AP periodically transmits the beacon frame, and in the independent BSS, the STAs within the independent BSS alternatively transmit the beacon frames… when receiving the beacon frame, the STA performing scanning stores information on the BSS, which is contained in the beacon frame, and records information on the beacon frame on each channel by shifting to other channels… the STA receiving the beacon frame stores the BSS-related information contained in the received beacon frame and after shifting to a subsequent channel performs scanning on the subsequent channel with the same method; [0080]: the AP provides the wireless LAN service in the first and second frequency bands; [0081]: the terminal may determine whether the AP providing the wireless LAN service in the second frequency band is the same as the AP providing the wireless LAN service in the first frequency band to which the terminal is currently connected – the AP transmits beacons on the first and second frequency bands), wherein a same number is configured between the first SSID and the second SSID ([0088]: when the first OUI value is the same as the second OUI value, the terminal determines that the AP providing the wireless LAN service in the first frequency band is the same as the AP providing the wireless LAN service in the second frequency band (namely, the AP providing a service set identified by the first SSID is the same as the AP providing a service set identified by the second SSID)).Jung does not expressly further describe wherein the same number is a number used for a communication with multiple bands.Shapira teaches feature of a same number being configured between a first SSID and a second SSID wherein the same number is a number used for a communication with multiple bands ([0003] – [0006]: a concurrent dual band AP is more common than a concurrent dual band client… even if it is dual band capable, would be configured to work in one of the two bands… high QoS streams, like high definition (HD) video, would be carried in the 5 GHz band, while streams with less priority, like file transfer, would be carried in the 2.4 MHz band… a concurrent dual band AP may use the same service set identifier (SSID) and/or basic service set identification (BSSID) in both bands; [0039]: notifying the client by the multi-channel access point, that the multi-channel access point is operating in the first channel and in the at least one other channel concurrently; [0057]: a basic service set (BSS) of a multi-band wireless communication system works concurrently in a plurality of channels, for example, one in each band; [0074]: by setting a concurrent dual-band bit, AP may indicate that AP already has an operating BSS at the new band/channel).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the “same number for multiple bands communication” feature as taught by Shapira to the first and second SSIDs configuration of Jung to avoid crowding with a variety of networks and interference sources. Claim 4 (similarly claim 9). Jung, modified by Shapira, shows the communication apparatus according to claim 1, wherein a first data signal is transmitted in the first frequency band (Jung, [0079]: in the same AP, the SSID of the first wireless LAN service profile provided in the 5 GHz frequency band may be olleh_GiGA_WiFi xxxx… the wireless LAN service in the 5 GHz frequency band provide higher data rate, the user terminal stores the 5 GHz wireless LAN service profile and connects to the first wireless LAN service in the 5 GHz frequency band) and a second data signal is transmitted in the second frequency band (Jung, [0079]: the SSID of the second wireless LAN service profile provided in the 2.4 GHz frequency band may be olleh_WiFi_xxxx). ---------- ---------- ---------- Claims 3, 5, 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Jung et al in view of Shapira and in further view of Guo et al (US 2021/0266904 A1). Claim 3 (similarly claim 8). Jung, modified by Shapira, shows the communication apparatus according to claim 1; Jung does not very expressly describe wherein the first beacon signal and the second beacon signal include information on a communication with multiple bands.Guo teaches feature of beacon signals include information on a communication on multiple bands ([0178]: if the AP supports multi-band aggregation transmission, the bandwidth indication information may be carried in the sent beacon frame, and the bandwidth indication information includes bandwidth indication information for a plurality of bands).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the multiple bands information feature as taught by Guo in the beacon signals information of Jung, modified by Shapira, to facilitate band indication in a multi-band aggregation scenario and improve resource utilization efficiency. Claim 5 (similarly claim 10). Jung, modified by Shapira, shows the communication apparatus according to claim 4; Jung does not expressly describe wherein at least one of the first data signal and the second data signal is a signal with a multiple bands.Guo teaches feature of data signal being a signal with multiple bands ([0151]: when a device is equipped with a plurality of pieces of radio (radio), spectrum resources of a plurality of bands may be simultaneously used for data transmission… when the device has a high-bandwidth transmission capability, spectrum resources of a plurality of bands (generally two adjacent bands) may be aggregated at the same time for transmission; [0178]: if the AP supports multi-band aggregation transmission, the bandwidth indication information may be carried in the sent beacon frame, and the bandwidth indication information includes bandwidth indication information for a plurality of bands wherein the plurality of bands may be specifically two bands or three bands).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the multiple bands data signal feature as taught by Guo in the first and/or second data signals information of Jung, modified by Shapira, to facilitate band indication in a multi-band aggregation scenario and improve resource utilization efficiency. ========== ========== ========== Response to Arguments Applicant’s arguments with respect to claims 1 and 6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument – please refer to Shapira. ---------- ---------- ---------- Conclusion The prior art made of record is considered pertinent to applicant’s disclosure. Killadi et al, US 2020/0037335 A1: a computing network that provides for data communication and interaction between computing devices across the computing network which utilizing a first and second radio in different, non-overlapping, portions of a same frequency band a prioritized SSID to be transmitted by the first radio and a second SSID of a non-prioritized data zone of a plurality of non-prioritized data zones to be transmitted by the second radio may be transmitted simultaneously by a access point. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Xavier Szewai Wong whose telephone number is 571.270.1780. The examiner can normally be reached on 11:30 am - 8:30 pm Mon to Fri. 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, Jeffrey Rutkowski can be reached on 571.270.1215. 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). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /XAVIER S WONG/Primary Examiner, Art Unit 2415 30th September 2026
Read full office action

Prosecution Timeline

Nov 06, 2024
Application Filed
May 04, 2026
Non-Final Rejection mailed — §103
Jul 31, 2026
Response Filed
Oct 05, 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

2-3
Expected OA Rounds
88%
Grant Probability
98%
With Interview (+10.2%)
2y 9m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1030 resolved cases by this examiner. Grant probability derived from career allowance rate.

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