Prosecution Insights
Last updated: October 24, 2026
Application No. 18/995,234

COMMUNICATION DEVICE AND COMMUNICATION METHOD

Non-Final OA §102
Filed
Jan 16, 2025
Priority
Jul 27, 2022 — nonprovisional of PCTJP2022029006
Examiner
WELTE, BENJAMIN PETER
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
1y 5m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
28 granted / 44 resolved
+5.6% vs TC avg
Moderate +15% lift
Without
With
+14.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
38 currently pending
Career history
101
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
76.5%
+36.5% vs TC avg
§102
20.1%
-19.9% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 44 resolved cases

Office Action

§102
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The IDS documents submitted on 01/16/2025, 04/13/2026, and 07/13/2026 have been received and considered by the Examiner. Priority to PCT application JP2022/029006, dated 07/27/2022, is acknowledged. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the “control section” and “communication section” in claim 1. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The “control section” mentioned in Claim 1 is interpreted in light of paragraph 0439 of the Applicant’s specification which states that “at least part of above-described control section 103 or control section 203, control section 303, and so on may be implemented by processor 1001” (Specification, 0439). In other words, the claimed “control section” is interpreted as a general-purpose processor. The “communication section” mentioned in Claim 1 is interpreted in terms of paragraphs 0390 and 0443 of the Applicant’s specification which state that the “reception section 201 and transmission section 202 may be collectively referred to as a communication section” (Specification, 0390), and “the above-described transmission section 101, transmission section 202, transmission section 302, reception section 102, reception section 201, reception section 301, and the like, may be implemented realized by communication apparatus 1004”, and “[c]ommunication apparatus 1004 is hardware (transmitting/receiving device) for allowing inter-computer communication via at least one of wired and wireless networks, and may be referred to as, for example, a “network device,” a “network controller,” a “network card,” a “communication module,” and so on” (Specification, 0443). In other words, the “communication section” is interpreted as a “network controller” or similar hardware used for network communications. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cao et al. (US 2024/0421882 A1, hereinafter “Cao”). As to Claim 1: Cao describes a method for a network node to specify if a network repeater’s beams can operate simultaneously or if they must be time-domain multiplexed. Specifically, Cao teaches: A control section that controls, based on whether a simultaneous operation of a transmission operation or a reception operation in a first link between a base station and the communication apparatus and a transmission operation or a reception operation in a second link between the base station and the communication apparatus is supported, the transmission operation or the reception in the second link Cao describes a “BS [base station]” that “may configure a list of beam information and a list of time domain information to the NCR [network-controlled repeater]”, and Cao clarifies that the “NCR” may “support[] communication with multiple beams at the same time” (Cao, 0075). This can include “a one to N (with N≥1) mapping between the beam information and the time domain information” or, “if the NCR supports communication with multiple beams at the same time, the BS may indicate an N-to-one (with N≥1) mapping between the beam information and the time domain information” (Cao, 0075). Fig. 4 in Cao further shows that the NCR is connected to base station via a separate “control link (C-link)” and a “forwarding link (backhaul link)”. Also, Cao specifies that “a general purpose processor” coupled to “antennas and/or transceivers to communicate” can be used “to perform the functions described herein” (Cao, 0088). Here, the “general purpose processor” coupled to “antennas and/or transceivers” in the “NCR” pictured in Fig. 4 maps to “a control section that controls ... the transmission operation or the reception in the second link”, the “NCR” acting on the indication of “a one to N (with N≥1) mapping” or “an N-to-one ... mapping” for beam information maps to “controls, based on whether a simultaneous operation of a transmission operation or a reception operation in a first link between a base station and the communication apparatus and a transmission operation or a reception operation in a second link between the base station and the communication apparatus is supported”, “N-to-one mapping” for “beam information” maps to “a simultaneous operation of a transmission operation or a reception operation in a first link between a base station and the communication apparatus and a transmission operation or a reception operation in a second link between the base station”, the “control link (C-link)” maps to “a first link between a base station and the communication apparatus”, and the “forwarding link (backhaul link)” maps to “a second link between the base station and the communication apparatus”. The second link being used for transfer between the base station and a terminal Fig. 4 in Cao further shows that the NCR is connected to the base station via a separate “control link (C-link)” and a “forwarding link (backhaul link)”. Here, “a forwarding link (backhaul link)” connecting the “BS” and the “NCR” which is used to forward data to the “UE” maps to “the second link being used for transfer between the base station and a terminal”. A communication section that performs transmission or reception of a signal in the second link in accordance with the control by the control section Cao teaches that “a general purpose processor” coupled to “antennas and/or transceivers to communicate” can be used “to perform the functions described herein” (Cao, 0088), and Fig. 4 in Cao further shows that the NCR is connected to base station via a separate “control link (C-link)” and a “forwarding link (backhaul link)”. Here, the “antennas and/or transceivers” in the “NCR” in Fig. 4 map to “a communication section that performs transmission or reception of a signal”, the “forwarding link (backhaul link)” maps to “a signal in the second link”, and “a general purpose processor” maps to “in accordance with the control by the control section”. As to Claim 2: Cao teaches: In a case where the simultaneous operation of the transmission operation in the first link and the transmission operation in the second link is not supported, the control section performs control such that a transmission operation is performed in one of the first link and the second link and a transmission operation is not performed in the other Cao describes a “BS” that “may indicate a one-to-N (with N≥1) mapping between the beam information and the time domain information”, as opposed to a case where: “if the NCR supports communication with multiple beams at the same time” then “the BS may indicate a one-to-N (with N≥1) mapping between the beam information and the time domain information” (Cao, 0075). Also, Fig. 4 in Cao further shows that the NCR is connected to base station via a separate “control link (C-link)” and a “forwarding link (backhaul link)”. Here, “a one-to-N (with N≥1) mapping between the beam information and the time domain information” maps to “In a case where the simultaneous operation of the transmission operation in the first link and the transmission operation in the second link is not supported, the control section performs control such that a transmission operation is performed in one of the first link and the second link and a transmission operation is not performed in the other” because in the “one-to-N” case, only one beam is active at a time; i.e. they are not both active simultaneously, the uplink transmission (arrow number 2) in the “control link (C-link)” in Fig. 4 maps to “the transmission operation in the first link”, and the downlink transmission (arrow number 1) in the “forwarding link (backhaul link)” in Fig. 4 maps to “the transmission operation in the second link”. As to Claim 3: Cao teaches: In a case where the simultaneous operation of the reception operation in the first link and the reception operation in the second link is not supported, the control section performs control such that a reception operation is performed in one of the first link and the second link and a reception operation is not performed in the other Cao describes a “BS” that “may indicate a one-to-N (with N≥1) mapping between the beam information and the time domain information” as opposed to when “if the NCR supports communication with multiple beams at the same time” then “the BS may indicate a one-to-N (with N≥1) mapping between the beam information and the time domain information” (Cao, 0075). Also, Fig. 4 in Cao further shows that the NCR is connected to base station via a separate “control link (C-link)” and a “forwarding link (backhaul link)”. Here, “a one-to-N (with N≥1) mapping between the beam information and the time domain information” maps to “In a case where the simultaneous operation of the reception operation in the first link and the reception operation in the second link is not supported, the control section performs control such that a reception operation is performed in one of the first link and the second link and a reception operation is not performed in the other” because in the “one-to-N” case, only one beam is active at a time; i.e. they are not both active simultaneously, the downlink transmission (arrow number 1) in the “control link (C-link)” in Fig. 4 maps to “the reception operation in the first link”, and the uplink transmission (arrow number 2) in the “forwarding link (backhaul link)” in Fig. 4 maps to “the reception operation in the second link”. As to Claim 4: Cao teaches: In a case where the simultaneous operation of the transmission operation in the first link and the transmission operation in the second link is supported, the control section controls the transmission operation in the second link based on an indication related to the transmission operation in the first link Cao states that “if the NCR supports communication with multiple beams at the same time, the BS may indicate an N-to-one (with N≥1) mapping between the beam information and the time domain information” (Cao, 0075). Cao also specifies prior to this that “[t]he NCR may communicate with the BS and/or the UE according to information (e.g., time domain information or beam information) from the BS”, and “the time domain information in this disclosure can be used to indicate an applicable time for the NCR’s other operations (e.g., ... on-off)” (Cao, 0043). Here, “the NCR supports communication with multiple beams at the same time” maps to “in a case where the simultaneous operation of the transmission operation in the first link and the transmission operation in the second link is supported”, the uplink transmission (arrow number 2) in the “control link (C-link)” in Fig. 4 maps to “the transmission operation in the first link”, the downlink transmission (arrow number 1) in the “forwarding link (backhaul link)” in Fig. 4 maps to “the transmission operation in the second link”, “time domain information ... from the BS” maps to “an indication related to the transmission operation in the first link”, and the “on-off” function in “time domain information” maps to “the control section controls the transmission operation in the second link based on an indication related to the transmission operation in the first link”. As to Claim 5: In a case where the simultaneous operation of the reception operation in the first link and the reception operation in the second link is supported, the control section controls the reception operation in the second link based on an indication related to the reception operation in the first link Cao states that “if the NCR supports communication with multiple beams at the same time, the BS may indicate an N-to-one (with N≥1) mapping between the beam information and the time domain information” (Cao, 0075). Cao also specifies prior to this that “[t]he NCR may communicate with the BS and/or the UE according to information (e.g., time domain information or beam information) from the BS”, and “the time domain information in this disclosure can be used to indicate an applicable time for the NCR’s other operations (e.g., ... on-off)” (Cao, 0043). Here, “the NCR supports communication with multiple beams at the same time” maps to “in a case where the simultaneous operation of the reception operation in the first link and the reception operation in the second link is supported”, the downlink transmission (arrow number 1) in the “control link (C-link)” in Fig. 4 maps to “the reception operation in the first link”, the uplink transmission (arrow number 2) in the “forwarding link (backhaul link)” in Fig. 4 maps to “the reception operation in the second link”, “time domain information ... from the BS” maps to “an indication related to the reception operation in the first link”, and The “on-off” function in “time domain information” maps to “the control section controls the reception operation in the second link based on an indication related to the reception operation in the first link”. As to Claim 6: Cao teaches: Controlling, by a communication apparatus, based on whether a simultaneous operation of a transmission operation or a reception operation in a first link between a base station and the communication apparatus and a transmission operation or a reception operation in a second link between the base station and the communication apparatus is supported, the transmission operation or the reception in the second link Cao describes a “BS [base station]” that “may configure a list of beam information and a list of time domain information to the NCR [network-controlled repeater]”, and Cao clarifies that the “NCR” may “support[] communication with multiple beams at the same time” (Cao, 0075). This can include “a one to N (with N≥1) mapping between the beam information and the time domain information” or, “if the NCR supports communication with multiple beams at the same time, the BS may indicate an N-to-one (with N≥1) mapping between the beam information and the time domain information” (Cao, 0075). Fig. 4 in Cao further shows that the NCR is connected to base station via a separate “control link (C-link)” and a “forwarding link (backhaul link)”. Cao also specifies that “a general purpose processor” coupled to “antennas and/or transceivers to communicate” can be used “to perform the functions described herein” (Cao, 0088). Here, the “general purpose processor” coupled to “antennas and/or transceivers” in the “NCR” pictured in Fig. 4 maps to “controlling, by a communication apparatus ... the transmission operation or the reception in the second link”, the “NCR” acting on the indication of “a one to N ... mapping” or “an N-to-one ... mapping” for beam information maps to “controlling, based on whether a simultaneous operation of a transmission operation or a reception operation in a first link between a base station and the communication apparatus and a transmission operation or a reception operation in a second link between the base station and the communication apparatus is supported”, “N-to-one mapping” for “beam information” maps to “a simultaneous operation of a transmission operation or a reception operation in a first link between a base station and the communication apparatus and a transmission operation or a reception operation in a second link between the base station”, the “control link (C-link)” maps to “a first link between a base station and the communication apparatus”, the “forwarding link (backhaul link)” maps to “a second link between the base station and the communication apparatus”, The second link being used for transfer between the base station and a terminal Fig. 4 in Cao further shows that the NCR is connected to base station via a separate “control link (C-link)” and a “forwarding link (backhaul link)”. Here, “a forwarding link (backhaul link)” connecting the “BS” and the “NCR” which is used to forward data to the “UE” maps to “the second link being used for transfer between the base station and a terminal”. Performing, by the communication apparatus, transmission or reception of a signal in the second link in accordance with the control by the control section Cao teaches that “a general purpose processor” coupled to “antennas and/or transceivers to communicate” can be used “to perform the functions described herein” (Cao, 0088), and Fig. 4 in Cao further shows that the NCR is connected to base station via a separate “control link (C-link)” and a “forwarding link (backhaul link)”. Here, the “antennas and/or transceivers” in the “NCR” in Fig. 4 map to “performing, by the communication apparatus, transmission or reception of a signal”, the “forwarding link (backhaul link)” maps to “a signal in the second link”, and “a general purpose processor” maps to “in accordance with the control by the control section”. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yin et al. (US 2026/0059513 A1) describes side control information for controlling a NCR (paragraphs 0197-0198). Li et al. (US 2023/0268982 A1) describes side control information for managing a control link and a backhaul link simultaneously. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin Peter Welte whose telephone number is (703)756-5965. The examiner can normally be reached Monday - Friday, EST. 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, Chirag G Shah can be reached at (571) 272-3144. 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. BENJAMIN PETER WELTE Examiner Art Unit 2477 /CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477
Read full office action

Prosecution Timeline

Jan 16, 2025
Application Filed
Oct 15, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
78%
With Interview (+14.7%)
3y 2m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 44 resolved cases by this examiner. Grant probability derived from career allowance rate.

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