Prosecution Insights
Last updated: July 17, 2026
Application No. 19/173,134

FREQUENCY-DIVISION MULTIPLEXING

Non-Final OA §DP
Filed
Apr 08, 2025
Priority
Feb 05, 2021 — provisional 63/146,375 +1 more
Examiner
AGHDAM, FRESHTEH N
Art Unit
Tech Center
Assignee
Texas Instruments Incorporated
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
554 granted / 669 resolved
+22.8% vs TC avg
Moderate +5% lift
Without
With
+5.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
18 currently pending
Career history
682
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
72.0%
+32.0% vs TC avg
§102
12.3%
-27.7% vs TC avg
§112
5.6%
-34.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 669 resolved cases

Office Action

§DP
CTNF 19/173,134 CTNF 80674 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim 3 is objected to because of the following informalities: As to claim 3, line 2, “the second value of the second spread bit” should be replaced with “a second value of the second spread bit”. As to claim 3, line 2, “a first value of the bit” should be replaced with “the first value of the bit”. As to claim 3, lines 3, “the first value” should be replaced with “the first value of the first spread bit. As to claim 3, lines 3, “the second value” should be replaced with “the second value of the first spread bit. As to claim 3, line 3, “a second value of the bit” should be replaced with “the second value of the bit” . Appropriate correction is required. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1-3 and 5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 13 of U.S. Patent No. 12,301,276 (U.S. Application No. 17/554,922) . Although the claims at issue are not identical, they are not patentably distinct from each other because : All the limitations of claim 1 of the instant application are disclosed in each of claims 1 and 13 of the above recited patent except for a non-transitory computer readable medium storing instructions that, when executed by processing circuitry, cause the processing circuitry to perform the method of claim 1 of the instant application. One of ordinary skill in the art would recognize that it is well known in the art and/or obvious to perform said method using a non-transitory computer readable medium storing instructions executed by processing circuitry in order to perform said method with more flexibility and/or ease. All the limitations of claim 2 of the instant application are disclosed in each of claims 1 and 13 of the above recited patent except for a non-transitory computer readable medium storing instructions that, when executed by processing circuitry, cause the processing circuitry to perform the method of claim 2 of the instant application. One of ordinary skill in the art would recognize that it is well known in the art and/or obvious to perform said method using a non-transitory computer readable medium storing instructions executed by processing circuitry in order to perform said method with more flexibility and/or ease. All the limitations of claim 3 of the instant application are disclosed in each of claims 1 and 13 of the above recited patent except for a non-transitory computer readable medium storing instructions that, when executed by processing circuitry, cause the processing circuitry to perform the method of claim 3 of the instant application. One of ordinary skill in the art would recognize that it is well known in the art and/or obvious to perform said method using a non-transitory computer readable medium storing instructions executed by processing circuitry in order to perform said method with more flexibility and/or ease. All the limitations of claim 5 of the instant application are disclosed in each of claim 13 of the above recited patent except for a non-transitory computer readable medium storing instructions that, when executed by processing circuitry, cause the processing circuitry to perform the method of claim 5 of the instant application. One of ordinary skill in the art would recognize that it is well known in the art and/or obvious to perform said method using a non-transitory computer readable medium storing instructions executed by processing circuitry in order to perform said method with more flexibility and/or ease . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 9-20 are allowed. Claims 4 and 6-8 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 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bar-Ness et al., US 2010/0316091, Fig. 7, paragraphs [0096]-[0103] teaches all the limitations of claims 9 and 15, except for “determining bit value responsive to the set of spread bits” Lee, US 2008/0101440, Fig. 5 Wei et al., US 2019/0222457, Fig. 5D, paragraphs [0089] and [0092] Sahlin, US 2019/0141741, Fig. 2 Anandakumar, US 2005/0102600, Figs. 3 and 6 Roh et al., US 2014/0365848, Figs. 3-4 Myung, US 2013/0010703, Figs. 1-5 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 6/11/2026 Application/Control Number: 19/173,134 Page 2 Art Unit: 2632 Application/Control Number: 19/173,134 Page 3 Art Unit: 2632 Application/Control Number: 19/173,134 Page 4 Art Unit: 2632 Application/Control Number: 19/173,134 Page 5 Art Unit: 2632 Application/Control Number: 19/173,134 Page 6 Art Unit: 2632 Application/Control Number: 19/173,134 Page 7 Art Unit: 2632
Read full office action

Prosecution Timeline

Apr 08, 2025
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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PROBABILISTIC CONSTELLATION SHAPING SCHEMES FOR MULTIPLE LAYER TRANSMISSIONS
1y 9m to grant Granted Jul 14, 2026
Patent 12683846
DATA MODULATION METHOD, COMMUNICATION DEVICE AND STORAGE MEDIUM
1y 8m to grant Granted Jul 14, 2026
Patent 12665802
ELECTRONIC DEVICE AND MODULATION METHOD
2y 6m to grant Granted Jun 23, 2026
Patent 12659056
METHODS AND WIRELESS DEVICES FOR ESTIMATING ANTENNA CALIBRATION ERROR IN A WIRELESS COMMUNICATION NETWORK
1y 9m to grant Granted Jun 16, 2026
Patent 12652206
DATA TRANSMISSION METHOD, COMMUNICATION NODE, AND COMPUTER READABLE STORAGE MEDIUM
2y 6m to grant Granted Jun 09, 2026
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
83%
Grant Probability
88%
With Interview (+5.1%)
2y 9m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 669 resolved cases by this examiner. Grant probability derived from career allowance rate.

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