Prosecution Insights
Last updated: May 29, 2026
Application No. 19/008,321

WIRELESS COMMUNICATION MODULATION USING ELECTROMAGNETIC POLARIZATION

Non-Final OA §102§103
Filed
Jan 02, 2025
Priority
Dec 30, 2022 — continuation of 12/199,733
Examiner
AGHDAM, FRESHTEH N
Art Unit
2632
Tech Center
2600 — Communications
Assignee
Hughes Network Systems LLC
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
553 granted / 667 resolved
+20.9% vs TC avg
Minimal +5% lift
Without
With
+5.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
9 currently pending
Career history
676
Total Applications
across all art units

Statute-Specific Performance

§101
4.6%
-35.4% vs TC avg
§103
72.3%
+32.3% vs TC avg
§102
12.0%
-28.0% vs TC avg
§112
5.7%
-34.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 667 resolved cases

Office Action

§102 §103
DETAILED ACTION 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 § 102 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 (i.e., changing from AIA to pre-AIA ) 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. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 2 and 10 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Bin Mohd Yusssof et al. (hereinafter referred to as “Bin Mohd Yussof”, US 9,385,907). As to claims 2 and 10, Bin Mohd Yussof teaches a communication device and/or method, comprising: a receiver (Fig. 2) configured to obtain data from a wireless communication channel having data transmitted through (i) modulation of a radio frequency carrier signal (Fig. 1, DUCs 109-115, column 4, lines 26-39, column 5, lines 18-23) and (ii) variation of polarizations used to transmit the modulated signals (Fig. 3, horizontal polarization and vertical polarization, claims 1-2), wherein the receiver comprises: a first input line to receive signals transmitted with a first polarization (Figs. 2-3, antennas); a second input line to receive signals transmitted with a second polarization (Figs. 2-3, antennas); one or more downconverters configured to downconvert the received signals from the first input line and the second input line (Figs. 2-3, DDCs 201 and 209); and one or more demodulators (Figs. 2-3, OFDM demodulators 205 and 211, QAM demappers 207 and 214, and OFDM modems 303 and 313) configured to extract transmitted information based on (i) transmitted symbols specified through modulation of the radio frequency carrier signal (column 5, lines 18-23) and (ii) the polarizations used to transmit the respective transmitted symbols over the wireless communication channel (Fig. 3, claims 1-2), wherein the one or more demodulators are configured to provide output data comprising bits encoded in the transmitted symbols and bits encoded in the polarizations used to transmit the transmitted symbols (i.e., by demodulating signals/bits that were FEC encoded, bit-to-symbol modulated, and transmitted from dual polarized antennas, Figs. 2-3, FEC encoder 101, QAM mappers 104 and 110, column 4, lines 39-50, column 6, lines 23-33, column 6, lines 41-67, column 7, lines 1-3). Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 3, 11, 16, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bin Mohd Yussof in view of Patel et al. (hereinafter referred to as “Patel”, US 2023/0070699). As to claims 3, 11, and 17, Bin Mohd Yussof does not expressly teach the first polarization is a right- hand circular polarization (RHCP) and the second polarization is a left-hand circular polarization (LHCP). Patel further teaches the first polarization is a right- hand circular polarization (RHCP) and the second polarization is a left-hand circular polarization (LHCP) (Figs. 6a-6d, RHCP and LHCP). It would have been obvious to one of ordinary skill in the art that the first polarization is a right- hand circular polarization (RHCP) and the second polarization is a left-hand circular polarization (LHCP) in order achieve superior signal stability in dynamic environments by reducing multipath interference, fading, and polarization mismatch. As to claim 16, Bin Mohd Yussof teaches a communication device and/or method comprising: receiving, by the communication device, signals on (i) a first input line arranged to receive signals from a first antenna configured to receive signals having a first polarization (Figs. 2-3, antennas) and (ii) a second input line arranged to receive signals from a second antenna configured to receive signals having a second polarization (Figs. 2-3, antennas); downconverting the received signals from the first input line and the second input line (Figs. 2-3, DDCs 201 and 209); and demodulating received signals (Figs. 2-3, OFDM demodulators 205 and 211, QAM demappers 207 and 214, and OFDM modems 303 and 313) to extract transmitted information based on (i) transmitted symbols specified through modulation of the radio frequency carrier signal (column 5, lines 18-23) and (ii) the polarizations used to transmit the respective transmitted symbols over the wireless communication channel (Fig. 3, claims 1-2), including providing extracted data comprising bits encoded in the transmitted symbols and bits encoded in the polarizations used to transmit the transmitted symbols (i.e., by demodulating signals/bits that were FEC encoded, bit-to-symbol modulated, and transmitted from dual polarized antennas, Figs. 2-3, FEC encoder 101, QAM mappers 104 and 110, column 4, lines 39-50, column 6, lines 23-33, column 6, lines 41-67, column 7, lines 1-3). Bin Mohd Yussof does not expressly teach one or more non-transitory machine-readable media storing instructions that are operable, when executed by one or more processors of a communication device, to cause the communication device to perform the above recited operations/steps. Patel further teaches one or more non-transitory machine-readable media storing instructions that are operable, when executed by one or more processors of a communication device, to cause the communication device to perform operations (paragraphs [0139]-[0142]). It would have been obvious to one of ordinary skill in the art to use one or more non-transitory machine-readable media storing instructions that are operable, when executed by one or more processors of a communication device, to cause the communication device to perform the above recited operations/step faster and/or easier. Allowable Subject Matter Claims 4-9, 12-15, and 18-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park et al., US 2022/0399944, Figs. 4 and 9 Frigon et al., US 11,089,595, Figs. 1-3 Bruzzone et al., US 10,756,939, Figs. 1, 2, and 4 Amadjikpe et al., US 2017/0353338, abstract, Figs. 1-3 and 13 Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRESHTEH N AGHDAM whose telephone number is (571)272-6037. The examiner can normally be reached Monday-Friday 10:30-7:00 ET. 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, Chieh M Fan can be reached at 571-272-3042. 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. /FRESHTEH N AGHDAM/Primary Examiner, Art Unit 2632 4/3/2026
Read full office action

Prosecution Timeline

Jan 02, 2025
Application Filed
Apr 09, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12634021
SIGNAL-TO-NOISE RATIO ADJUSTMENT
2y 5m to grant Granted May 19, 2026
Patent 12634189
DEMODULATION FOR PROBABILISTIC AMPLITUDE SHAPED SIGNAL
2y 4m to grant Granted May 19, 2026
Patent 12634187
TRANSMITTING DEVICE, RECEIVING DEVICE, AND MODULATION METHOD
1y 11m to grant Granted May 19, 2026
Patent 12603677
COMPOSITE RECONFIGURABLE INTELLIGENT SURFACE SYSTEM FOR REAL TIME BEAM STEERING AND METHOD THEREOF
1y 6m to grant Granted Apr 14, 2026
Patent 12587426
SIGNAL TRANSMISSION BASED ON TRANSFORMED SIGNAL CONSTELLATION
1y 8m to grant Granted Mar 24, 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
83%
Grant Probability
88%
With Interview (+5.0%)
2y 9m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 667 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