Prosecution Insights
Last updated: August 17, 2026
Application No. 19/088,257

COMMUNICATION DEVICE AND COMMUNICATION METHOD

Non-Final OA §102§103
Filed
Mar 24, 2025
Priority
Jan 08, 2025 — TW 114100685
Examiner
HAMADYK, ANNA N
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
HTC Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
55 granted / 62 resolved
+20.7% vs TC avg
Moderate +7% lift
Without
With
+7.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
21 currently pending
Career history
91
Total Applications
across all art units

Statute-Specific Performance

§103
51.0%
+11.0% vs TC avg
§102
15.5%
-24.5% vs TC avg
§112
31.7%
-8.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 62 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 09/26/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 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, 3, 11, 13-14 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kozakai et al. (US 2019/0044220; “Kozakai” or “K”). Claim 1: Kozakai discloses (figs. 4 & 8 below, fig. 11) A communication device (antenna apparatus 142), comprising: a wearable device (transmission apparatus 101), comprising a main radiation element (antenna element 151) and a signal source (shown in fig. 8, ¶105, “the transmission apparatus 101 has a transmission unit”, ¶106, “the transmission unit 181 generates a transmission signal to supply to the antenna element 151”), wherein the main radiation element has a feeding point coupled to the signal source (shown in fig. 8); a fabric element (jacket 140); and an auxiliary radiation element (¶94, “the coupled antenna element 161 is a parasitic antenna element which functions as an auxiliary antenna of the transmission apparatus 101”), disposed on the fabric element (¶94, “the coupled antenna element 161 is provided on the jacket 140”), wherein when the wearable device is integrated with the fabric element, the auxiliary radiation element is adjacent to the main radiation element, such that an antenna structure is formed by the main radiation element and the auxiliary radiation element (¶94, “the coupled antenna element 161 is provided on the jacket 140 at such a position that an end portion of the coupled antenna element 161 is in the vicinity of the transmission apparatus 101 retained in the pocket 141”, ¶95, “the coupled antenna element 161 is excited by the antenna element 151 of the transmission apparatus 101”). PNG media_image1.png 353 340 media_image1.png Greyscale PNG media_image2.png 360 224 media_image2.png Greyscale Claim 3: K discloses the communication device as claimed in claim 1, wherein the fabric element is an article of clothing (jacket 140). Claim 11: K discloses the communication device as claimed in claim 1, wherein a coupling gap is formed between the main radiation element (151) and the auxiliary radiation element (161) (¶94, “the coupled antenna element 161 is provided on the jacket 140 at such a position that an end portion of the coupled antenna element 161 is in the vicinity of the transmission apparatus 101 retained in the pocket 141. Note that, in the present description, the term “vicinity” includes both a state of contact (touch position) and a state of non-contact (slightly-apart position).”). Claim 13: K discloses the communication device as claimed in claim 1, wherein the wearable device (101) further comprises a tuning circuit (impedance adaptation unit 182), and the feeding point is further coupled through the tuning circuit to the signal source (fig. 11, ¶106, “The transmission unit 181 performs a process relating to the transmission of a wireless signal. For example, the transmission unit 181 generates a transmission signal to supply to the antenna element 151 via the impedance adaptation unit 182 and causes the generated transmission signal to radiate from this antenna element 151 (that is, causes this antenna element 151 to transmit the generated transmission signal as a wireless signal)”). Claim 14: K discloses the communication device as claimed in claim 13, wherein the tuning circuit (182) is configured to improve impedance matching of the antenna structure (¶130, “impedance to be matched”, ¶106, “causes the generated transmission signal to radiate”). Claim 20: Kozakai discloses a communication method, comprising the steps of: providing a wearable device (transmission apparatus 101), wherein the wearable device comprises a main radiation element (antenna element 151) and a signal source (transmission unit 181), and the main radiation element has a feeding point coupled to the signal source (see fig. 8); disposing an auxiliary radiation element (161) on a fabric element (¶94, “the coupled antenna element 161 is provided on the jacket 140”) and when the wearable device (101) is integrated with the fabric element, disposing the auxiliary radiation element adjacent to the main radiation element, such that an antenna structure is formed by the main radiation element and the auxiliary radiation element (¶94, “the coupled antenna element 161 is provided on the jacket 140 at such a position that an end portion of the coupled antenna element 161 is in the vicinity of the transmission apparatus 101 retained in the pocket 141”, ¶95, “the coupled antenna element 161 is excited by the antenna element 151 of the transmission apparatus 101”). 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. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kozakai et al. (US 2019/0044220; “Kozakai” or “K”) in view of Lee (US 2021/0351965). Claim 2: Kozakai discloses the communication device as claimed in claim 1. Kozakai does not explicitly disclose wherein the wearable device is an XR (Extended Reality) computing device. However, Kozakai does disclose that the wearable device provides position information (¶55) and that it can be built into a portable information processing apparatus such as a mobile phone or a smartphone (¶57). Lee teaches an augmented reality (AR) generating device 100 which may be a wearable device such as clothing or a portable communication device such as a smart phone (¶90). Fig. 2 illustrates a portable pocket type device 100c. The augmented reality system uses location signals which are generated from the AR generating devices. Lee also teaches that the AR system can be applied to a technology providing eXtended Reality (¶66). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art wherein the wearable device of Kozakai is an XR computing device, as taught by Lee. The motivation to do so is to provide a compact wearable device that fits into the pocket of a user, the compact wearable device having an adequate operational bandwidth. Claim(s) 4-8 & 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kozakai et al. (US 2019/0044220; “Kozakai” or “K”) in view of IDS document Xiao et al. (WO 2017/202308A1 – English translation; “Xiao”). Claim 4: Kozakai discloses the communication device as claimed in claim 1. K does not explicitly disclose wherein the antenna structure covers a low frequency band and a high frequency band. However, K does disclose that the wearable device (transmission apparatus 101) may be enabled to transmit a wireless signal compliant with any communication standard (¶88). Xiao, in the same field of endeavor, teaches a wearable device (wearable device 10), comprising a main radiation element (main antenna 101) disposed within a housing and an auxiliary radiation element (auxiliary antenna 102) on the outside of the housing. The main radiation element 101 and auxiliary radiation element 102 are coupled to form an antenna structure (p. 3, final para, “The auxiliary antenna is used to be installed on the outside of the housing of the wearable device by electromagnetic adsorption, and the auxiliary antenna is used in conjunction with the main antenna by electromagnetic coupling to increase the effective length L of the main antenna”). Xiao teaches the antenna structure covers a low frequency band and a high frequency band (fig. 3 and p. 16, “when the auxiliary antenna is used in conjunction with the main antenna, it achieves good resonance at 1.575 GHz and 0.96 GHz. The high-frequency range shifts to 2.4 GHz”). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the communication device of K wherein the antenna structure covers a low frequency band and a high frequency band, as taught by Xiao. Doing so allows for communication using different communication protocols such as GPS, GSM and Wifi (p. 16 of Xiao). Claim 5: the modified Kozakai teaches the communication device as claimed in claim 4, wherein the low frequency band is from 700MHz to 1000MHz (p. 16, ¶1 - shown by solid line in fig. 3 of Xiao). Claim 6: the modified Kozakai teaches the communication device as claimed in claim 4, wherein the high frequency band is from 2400MHz to 7125MHz (p. 16, ¶1 - shown by solid line in fig. 3 of Xiao). Claim 7: the modified Kozakai teaches the communication device as claimed in claim 4. Kozakai does not explicitly disclose wherein a length of the main radiation element is from 0.125 to 0.5 wavelength of the high frequency band. However, Kozakai does disclose that the wearable device (transmission apparatus 101) is so compact that it can fit into a pocket (¶79) and that the main radiation element (151) is also compact (¶87). Xiao teaches that the effective length of an antenna is proportional to c/f where f is a preset operating frequency for the current environment (p. 4). Thus, Xiao teaches that the effective length of the main radiation element can be changed when the operating frequency is changed. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the communication device of Kozakai in view of Xiao wherein a length of the main radiation element is from 0.125 to 0.5 wavelength of the high frequency band, as taught by K and Xiao. Doing so allows for a compact antenna for a wearable device that fits into the pocket of a user. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Claim 8: the modified Kozakai teaches the communication device as claimed in claim 4. Kozakai does not disclose wherein a length of the auxiliary radiation element is from 0.125 to 0.5 wavelength of the low frequency band. However, Kozakai does disclose (¶95) “the electrical length of the auxiliary radiation element (antenna element 161) may be approximately a half wavelength of the wireless signal transmitted by the wearable device (transmission apparatus 101). K also discloses (¶96) “The material and shape of the coupled antenna element 161 are arbitrary as long as the material and shape function as an antenna element”. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to provide a length of the auxiliary radiation element from 0.125 to 0.5 wavelength of the low frequency band in the communication device of K in order to meet desired bandwidth and impedance matching requirements of the communication device. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Claim 12: Kozakai discloses the communication device as claimed in claim 11. Kozakai does not explicitly disclose wherein a width of the coupling gap is from 0.5mm to 2mm. Kozakai does disclose that the coupling gap can be varied (¶94, The coupled antenna element 161 is provided on the jacket 140 at such a position that an end portion of the coupled antenna element 161 is in the vicinity of the transmission apparatus 101 retained in the pocket 141. Note that, in the present description, the term “vicinity” includes both a state of contact (touch position) and a state of non-contact (slightly-apart position). In other words, the coupled antenna element 161 may be in contact with the transmission apparatus 101 (the antenna element 151 thereof) or may be in non-contact therewith. By laying out the coupled antenna element 161 in non-contact therewith, it is possible to suppress the occurrence of aged deterioration, damage, and the like in the coupled antenna element 161 and the transmission apparatus 101). Xiao teaches (p. 4) that the distance between the main radiation element (main antenna 101) and the auxiliary radiation element (auxiliary antenna 102) is less than or equal to 2.5 mm. Xiao therefore teaches wherein a width of the coupling gap is from 0.5mm to 2mm. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art wherein a width of the coupling gap is from 0.5mm to 2mm in the communication device of K. Doing so allows for the main radiation element and the auxiliary element to be electromagnetically coupled together to provide a functioning antenna structure in order to increase the bandwidth of the communication device (p. 3, ¶1 of Xiao). Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Claim(s) 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kozakai et al. (US 2019/0044220; “Kozakai” or “K”) in view of Miura (US 2017/0201007). Claim 9: Kozakai discloses the communication device as claimed in claim 1, wherein the main radiation element (151) substantially has a short shape (¶124 & fig. 8 which shows that main radiation element 151 is shorter than auxiliary radiation element 161). However, K does not explicitly disclose an L-shape. Miura teaches (fig. 12) a main radiation element (feed antenna element 21) has an L-shape. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the communication device of Kozakai wherein the main radiation element substantially has an L-shape, as taught by Miura. Doing so allows for a more compact communication device which can fit in the pocket of a user. Claim 10: Kozakai discloses the communication device as claimed in claim 1, wherein the auxiliary radiation element substantially has a long shape (¶124 & fig. 8). K does not explicitly disclose an L-shape. However, K does disclose (¶96) “the shape of the coupled antenna element 161 is arbitrary as long as the shape functions as an antenna element”. Miura teaches (fig. 12) an auxiliary radiation element (parasitic antenna element 22) has an L-shape. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the communication device of Kozakai wherein the auxiliary radiation element substantially has an L-shape, as taught by Miura. Doing so allows for a more compact communication device which can fit in the pocket of a user. Claims 15, 17 & 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kozakai et al. (US 2019/0044220; “Kozakai” or “K”) in view of US equivalent of IDS document Lin et al. (US 2008/0012777; “Lin”). Claim 15: Kozakai discloses the communication device as claimed in claim 1. K does not explicitly disclose wherein the wearable device further comprises a first conductive connection element coupled to the main radiation element. Lin teaches (fig. 2 below) a communication device (broadband antenna device) comprising a main radiation element (first metal radiator 23) coupled to a signal source (via feeding wire 22); and an auxiliary radiation element (second metal radiator 24), the auxiliary radiation element is adjacent to the main radiation element, such that an antenna structure is formed by the main radiation element and the auxiliary radiation element (abstract). Lin also teaches a first conductive connection element (feeding metal sheet 232) coupled to the main radiation element (23). PNG media_image3.png 372 456 media_image3.png Greyscale It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the communication device of Kozakai, wherein the wearable device further comprises a first conductive connection element coupled to the main radiation element, as taught by Lin. Doing so provides a broadband antenna with a wide band that is small in size so that it can be used as a hidden antenna (¶8 of Lin). Claim 17: the modified Kozakai teaches the communication device as claimed in claim 15. K does not disclose: a second conductive connection element, disposed on the fabric element, and coupled to the auxiliary radiation element. Lin teaches a second conductive connection element (ground metal radiator 25) coupled to the auxiliary radiation element (24). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the communication device of Kozakai in view of Lin, further comprising: a second conductive connection element coupled to the auxiliary radiation element, as taught by Lin. Doing so allows for the auxiliary radiation element to be connected to the ground plate in order to produce a low frequency mode (¶24). Although Lin does not explicitly teach that the second conductive connection element is disposed on the fabric element, a person of ordinary skill in the art would recognize that, as the auxiliary radiation element of K is disposed on the fabric element, and Lin teaches that the second conductive connection element is directly coupled to the auxiliary radiation element, the second conductive connection element could also be disposed on the fabric element. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the communication device of Kozakai in view of Lin, wherein the second conductive connection element is disposed on the fabric element, as taught by K and Lin. Doing so would simplify the manufacture of the communication device and ensure that the main radiation element and the auxiliary radiation element remain connected when the fabric element flexes. Claim 19: the modified K teaches the communication device as claimed in claim 17, wherein when the wearable device is integrated with the fabric element, the second conductive connection element is coupled to the first conductive connection element (see fig. 2 of Lin, where the second conductive connection element 25 is coupled to the first conductive connection element 232 via ground plate 21). Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kozakai et al. (US 2019/0044220; “Kozakai” or “K”) in view of US equivalent of IDS document Lin et al. (US 2008/0012777; “Lin”), and further in view of US equivalent of IDS document Tsai et al. (US 2018/0183137; “Tsai”). Claim 16: the modified K teaches the communication device as claimed in claim 15. The modified K does not teach, wherein the first conductive element is implemented with a metal spring. Tsai teaches (¶45) that feeding elements can include a metal spring. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the communication device of Kozakai in view of Lin, wherein the first conductive element is implemented with a metal spring, as taught by Tsai. Doing so allows for highly compact designs and high mechanical durability. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kozakai et al. (US 2019/0044220; “Kozakai” or “K”) in view of US equivalent of IDS document Lin et al. (US 2008/0012777; “Lin”), and further in view of Coles et al. (US 2014/0176387; “Coles”). Claim 18: the modified Kozakai teaches the communication device as claimed in claim 17. K does not explicitly disclose wherein the second conductive connection element is implemented with a metal pad. However, K does disclose the second conductive connection element is a metal (ground metal radiator 25). Coles teaches (¶20) “metallic ground pads”. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the communication device of Kozakai in view of Lin, wherein the second conductive connection element is implemented with a metal pad, as taught by Coles. Doing so provides a stable, low impedance RF ground path which minimizes signal losses. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Wei (US 20230198149) – L-shape main and auxiliary radiation elements which are separated by a coupling gap shorter than or equal to 3mm. Kanda (US 6,611,504) – mobile wireless device with main antenna element 2 provided in a case and a fabric hand strap connected to the vicinity of the antenna element, the fabric hand strap including a parasitic antenna. Lynch (US 20230042347) – wearable article with a removably coupled electronics module including an interface with flexible connectors. Li (US 20160056526) – flexible electrical connection formed by a spring connected to a pad. Chang (US 20140320357) – wearable device having main radiation element and auxiliary radiation element separated by a coupling gap. Mielcarz (US 20120035426) – wearable monitoring system. Chang (US 20220013908) – L-shaped parasitic and main radiators. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA N HAMADYK whose telephone number is (703)756-1672. The examiner can normally be reached 7:30 am - 5:00 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, Dimary Lopez can be reached at (571) 270-7893. 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. /ANNA N HAMADYK/Examiner, Art Unit 2845 /DIMARY S LOPEZ CRUZ/Supervisory Patent Examiner, Art Unit 2845
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Prosecution Timeline

Mar 24, 2025
Application Filed
Jul 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
96%
With Interview (+7.0%)
2y 4m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 62 resolved cases by this examiner. Grant probability derived from career allowance rate.

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