Prosecution Insights
Last updated: October 02, 2026
Application No. 19/038,667

COMMUNICATION DEVICE AND COMMUNICATION METHOD THEREFOR

Non-Final OA §102§103
Filed
Jan 27, 2025
Priority
May 30, 2024 — CIP of PCTCN2024096242
Examiner
PHAM, TUAN
Art Unit
Tech Center
Assignee
BOE Technology Group Co., Ltd.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
812 granted / 987 resolved
+22.3% vs TC avg
Moderate +7% lift
Without
With
+7.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
12 currently pending
Career history
998
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
55.9%
+15.9% vs TC avg
§102
16.4%
-23.6% vs TC avg
§112
12.0%
-28.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 987 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 . Introduction This is a response to the applicant’s filing filed on 01/27/2025. In virtue of this filing, claims 1-12, 14-18 and 23-25 are currently presented in the instant application. Claims 13 and 19-22 are canceled. Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/14/2025 has been considered by Examiner and made of record in the application file. Drawings The drawing submitted on 01/27/2025 has been considered by Examiner and made of record in the application file. Specification The specification submitted on 01/27/2025 has been considered by Examiner and made of record in the application file. 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, 4-5, 17 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (US Pub. No.: 2022/0376747). Regarding claim 1, Liu teaches a communication device, comprising an antenna assembly, a determiner, and a signal converter (see figures 1-4 and 7A), wherein the antenna assembly comprises a carrier structure and a plurality of antenna units arranged on an outer wall of the carrier structure (see figures 1-4 and 7A, [0093], it is clearly seen that the antennas is on the structure frames); the determiner is configured to determine one of the plurality of antenna units to be in communication connection with the signal converter, according to strengths of signals received by the plurality of antenna units from a base station (see figures 1-4, plurality of antenna 241, network information is included RSSI, CPE 10 convert the 5G signal to WIFI signal to support mobile terminal 30, processor 22 measure and determine the RSSI to select transceiver group antenna according to the RSSI signal, [0042, , 0052, 0055-0059, 0073]); and the signal converter is configured to convert a signal received by the signal converter, for access by a terminal of a user (see figures 1-4, plurality of antenna 241, CPE 10 convert the 5G signal to WIFI signal to support mobile terminal 30, [0042]). Regarding claim 4, Liu further teaches each of the strengths of the signals comprises at least a signal reception power; or wherein the signal converter is a 5G CPE (see [0042, 0052]). Regarding claim 5, Liu further teaches each antenna unit comprises a first oscillator and a second oscillator, and the first oscillator has an operational frequency less than an operational frequency of the second oscillator (see figures 3-4, plurality of RF circuit 242, each support different frequency which require different oscillator in each transceiver, [0050-0054]). Regarding claim 17, Liu further teaches the carrier structure is a hollow-out structure comprising a plurality of carrier portions connected together sequentially, and each of the plurality of carrier portions has one of the plurality of antenna units arranged thereon (see figures 1 and 7A, [0093]). Regarding claim 23, Liu further teaches determining, by the determiner, one of the plurality of antenna units to be in communication connection with the signal converter, according to the strengths of the signals received by the plurality of antenna units from the base station; and converting, by the signal converter, the signal received by the signal converter, for access by a terminal of a user (see figures 1-4, plurality of antenna 241, network information is included RSSI, CPE 10 convert the 5G signal to WIFI signal to support mobile terminal 30, processor 22 measure and determine the RSSI to select transceiver group antenna according to the RSSI signal, [0042, , 0052, 0055-0059, 0073]). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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) 6-8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US Pub. No.: 2022/0376747) in view of Liu et al. (US Patent No.: 12,640,476, hereinafter, “Liu-2”). Regarding claim 6, Liu disclosed transceiver with osccilator, but fails to teach in each antenna unit, the first oscillator and the second oscillator are arranged side by side, and a height of the first oscillator in a direction away from the carrier structure is greater than a height of the second oscillator in the direction away from the carrier structure. However, Liu-2 teaches in each antenna unit, the first antenna and the second antenna are arranged side by side, and a height of the first antenna in a direction away from the carrier structure is greater than a height of the second antenna in the direction away from the carrier structure (see figure 1D, col.9, ln.1-12). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Liu-2 into view of Liu in order to save space and cost saving. Regarding claim 7, after combine, Liu teaches plurality of oscillator. Liu-2 further teaches in each antenna unit, the first antenna and the second antenna are arranged side by side, and the second antenna is located between two first antenna (see figure 1D, col.9, ln.1-12). Regarding claim 8, after combine, Liu teaches plurality of oscillators. Liu-2 further teaches each antenna unit comprises a plurality of second antenna and a plurality of first isolation members which are arranged on the carrier structure and in one-to-one correspondence with the plurality of second antennas, and an orthogonal projection of each second antenna on the carrier structure is located in an area defined by an orthogonal projection of a corresponding first isolation member on the carrier structure (see figure 1D, col.9, ln.1-12). Regarding claim 18, further teaches the antenna assembly further comprises a feeding network connected to both the first transmission line and the second transmission line of each of the plurality of antenna units, and the feeding network is arranged in a cavity of the carrier structure (see figure 1D, col.9, ln.1-12). Allowable Subject Matter Claims 2-3, 9-12, 14-16 and 24-25 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. Regarding claim 2, the prior art made of record fails to clearly teach or fairly suggest the feature of the determiner comprises a plurality of signal couplers, a plurality of signal detectors connected in one-to-one correspondence with the plurality of signal couplers, a controller, and a first selector; the plurality of signal couplers are connected in one-to-one correspondence with the plurality of antenna units, each signal coupler is configured to couple a part of a signal received by the antenna unit connected to the signal coupler to a corresponding signal detector, and transmit another part of the signal to the first selector; each signal detector is configured to detect a signal received by the signal detector to acquire the strength of the signal from the base station; the controller is configured to generate a corresponding control signal according to received strengths, which are detected by the plurality of signal detectors, of the signals from the base station, and transmit the control signal to the first selector; and the first selector is configured to determine the one of the plurality of antenna units to be in communication connection with the signal converter according to the control signal, and communicatively connect the one of the plurality of antenna units to the signal converter. Regarding claim 3, the prior art made of record fails to clearly teach or fairly suggest the feature of the determiner comprises a plurality of signal couplers, a plurality of signal preprocessors connected in one-to-one correspondence with the plurality of signal couplers, a signal strength reader, a first selector, a controller, and a second selector; the plurality of signal couplers are connected in one-to-one correspondence with the plurality of antenna units, each signal coupler is configured to couple a part of a signal received by the antenna unit connected to the signal coupler to a corresponding signal preprocessor, and transmit another part of the signal to the first selector; each signal preprocessor is configured to preprocess a signal received by the signal preprocessor; the second selector is configured to connect the plurality of signal preprocessors to the signal strength reader in turn, under control of the controller; the signal strength reader is configured to read signals output from the second selector under the control of the controller, and to determine the strengths of the signals received by the plurality of antenna units from the base station; the controller is configured to generate a corresponding control signal according to received strengths, which are read by the signal strength reader, the signals from the base station, and transmit the corresponding control signal to the first selector; and the first selector is configured to determine the one of the plurality of antenna units to be in communication connection with the signal converter according to the control signal, and communicatively connect the one of the plurality of antenna units to the signal converter. Regarding claim 9, the prior art made of record fails to clearly teach or fairly suggest the feature of the first oscillator comprises a first reference electrode, a first radiation structure, and a first transmission line; and the first reference electrode is arranged on the carrier structure and has therein a first hollow-out portion, the first radiation structure penetrates through the first hollow-out portion and is arranged on the carrier structure, and the first transmission line is connected to the first radiation structure. Regarding claim 14, the prior art made of record fails to clearly teach or fairly suggest the feature of the second oscillator comprises a second reference electrode, a second radiation structure, and a second transmission line; and the second reference electrode is arranged on the carrier structure and has therein a second hollow-out portion, the second radiation structure penetrates through the second hollow-out portion and is arranged on the carrier structure, and the second transmission line is connected to the second radiation structure. Regarding claim 24, the prior art made of record fails to clearly teach or fairly suggest the feature of the determining, by the determiner, one of the plurality of antenna units to be in communication connection with the signal converter, according to the strengths of the signals received by the plurality of antenna units from the base station comprises: coupling, by each signal coupler, a part of the signal received by the antenna unit connected to the signal coupler to a corresponding signal detector, and transmitting, by the signal coupler, another part of the signal to a first selector; detecting, by the signal detector, the signal received by the signal detector to acquire the strength of the signal from the base station; generating, by a controller, a corresponding control signal according to received strengths, which are detected by signal detectors, of the signals from the base station, and transmitting, by the controller, the control signal to the first selector; and determining, by the first selector, the one of the plurality of antenna units to be in communication connection with the signal converter according to the control signal, and communicatively connecting, by the first selector, the one of the plurality of antenna units to the signal converter. Regarding claim 25, the prior art made of record fails to clearly teach or fairly suggest the feature of the determining, by the determiner, one of the plurality of antenna units to be in communication connection with the signal converter, according to the strengths of the signals received by the plurality of antenna units from the base station comprises: coupling, by each signal coupler, a part of the signal received by the antenna unit connected to the signal coupler to a corresponding signal preprocessor, and transmitting, by the signal coupler, another part of the signal to a first selector; preprocessing, by each signal preprocessor, the signal received by signal preprocessor; controlling, by a controller, a second selector to connect signal preprocessors to a signal strength reader in turn, and reading, by the signal strength reader, the signals output from the second selector to determine the strengths of the signals received by the plurality of antenna units from the base station; generating, by the controller, a corresponding control signal according to the received strengths, which are read by the signal strength reader, of the signals from the base station, and transmitting, by the controller, the control signal to the first selector; and determining, by the first selector, the one of the plurality of antenna units to be in communication connection with the signal converter according to the control signal, and communicatively connecting, by the first selector, the one of the plurality of antenna units to the signal converter. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan A. Pham whose telephone number is (571) 272-8097, the fax number is (571) 273-8097 and the email is tuan.pham01@uspto.gov. The examiner can normally be reached on Monday through Friday, 8:30 AM-5:30 PM. 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, Yuwen (Kevin) Pan can be reached on (571) 272-7855. 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. /TUAN PHAM/ Primary Examiner, Art Unit 2649
Read full office action

Prosecution Timeline

Jan 27, 2025
Application Filed
Sep 16, 2026
Non-Final Rejection mailed — §102, §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

1-2
Expected OA Rounds
82%
Grant Probability
90%
With Interview (+7.4%)
2y 4m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 987 resolved cases by this examiner. Grant probability derived from career allowance rate.

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