Prosecution Insights
Last updated: August 15, 2026
Application No. 18/955,323

DATA PROCESSING METHOD, PRECODING METHOD, AND COMMUNICATION DEVICE

Non-Final OA §112
Filed
Nov 21, 2024
Priority
Jan 11, 2013 — JP 2013-003905 +14 more
Examiner
TORRES, JUAN A
Art Unit
Tech Center
Assignee
Sun Patent Trust
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
920 granted / 1051 resolved
+27.5% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
19 currently pending
Career history
1065
Total Applications
across all art units

Statute-Specific Performance

§101
13.9%
-26.1% vs TC avg
§103
34.9%
-5.1% vs TC avg
§102
16.2%
-23.8% vs TC avg
§112
18.4%
-21.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1051 resolved cases

Office Action

§112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 15/594,771, filed on 05/15/2017. Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/21/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings filed on 11/21/2024 are accepted by the Examiner. Specification The disclosure filed on 11/21/2024 is accepted by the Examiner. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The original filed application does not disclose “perform first phase change on the modulated signal to generate a first phase-changed signal and a second phase-changed signal identical to the first phase-changed signal; and perform second phase change on the first phase-changed signal and the second phase-changed signal to generate a first transmission signal and a second transmission signal, respectively; and a transmitter configured to transmit the first transmission signal and the second transmission signal via a first antenna and a second antenna, respectively, wherein in the second phase change, a phase change amount applied to the first phase-changed signal includes a first amount provided uniquely for the first antenna and the first amount is not applied to the second phase-changed signal.” This is a new matter rejection. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Montojo (US 20090245421 A1) discloses scrambling and modulation to constrain the constellation size of ack/nak transmission on the data channel. Wengerter (US 8005163 B2) discloses constellation rearrangement for transmit diversity schemes. Dent (US 8014436 B2) discloses multi-dimensional signal of reduced peak-to-RMS ratio. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN A TORRES whose telephone number is (571) 272-3119. The examiner can normally be reached M-F 9-5. 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, Kenneth N Vanderpuye can be reached on (571) 272-3078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JUAN A TORRES/ Primary Examiner, Art Unit 2634
Read full office action

Prosecution Timeline

Nov 21, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+12.4%)
2y 2m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1051 resolved cases by this examiner. Grant probability derived from career allowance rate.

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