Prosecution Insights
Last updated: April 19, 2026
Application No. 17/267,116

METHOD, USER EQUIPMENT, AND BASE STATION FOR CANCELLING UPLINK TRANSMISSION

Non-Final OA §102§103§112
Filed
Feb 09, 2021
Examiner
PHUNKULH, BOB A
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
7 (Non-Final)
89%
Grant Probability
Favorable
7-8
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
835 granted / 935 resolved
+31.3% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
27 currently pending
Career history
962
Total Applications
across all art units

Statute-Specific Performance

§101
5.1%
-34.9% vs TC avg
§103
40.4%
+0.4% vs TC avg
§102
32.9%
-7.1% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 935 resolved cases

Office Action

§102 §103 §112
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 . DETAILED ACTION Request for Continued Examination The request filed on 01/07/2026 for a Request for Continued Examination (RCE) under 37 CFR 1.114 based on parent Application No. 17/267,116 is acceptable and a RCE has been established. An action on the RCE follows. This communication is in response to applicant’s 01/07/2026 amendment/response in the application of LIANG et al. for “METHOD, USER EQUIPMENT, AND BASE STATION FOR CANCELLING UPLINK TRANSMISSION” filed 02/09/2021. The amendments/response to the claims have been entered. Claim 42 had been canceled. No news claims have been added. Claims 26, 28, 30, 32, 34, 39-41, 43-44, 46-47, 49-50 are now pending. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 26, 34, 39-41, 28, 43-44, 30, 46-47, 32, 49-50 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claims 26, 28, 30, and 32, the amendments to the independent claims are not supported by the originally filed specification. In the applicant’s remark or argument, the applicant had merely point out paragraphs ¶ [0054], [0055], [0057] for support of the amendments. However, none of the paragraphs mentioned by the applicant disclose the DCI is applied to PUSCH transmission after a time duration from a second timing corresponding to reception of the DCI and the timing duration is required to PUSCH transmission corresponding to the at least one communication resource. The applicant discloses thee claimed subject matter “a time duration” in paragraphs [0062], [0079], [0081], [0082], and [0090] of the originally filed specification. However, non in the context as claimed: especially the term of timing duration and PUSCH and DCI. Reading claims 34, 39-41, 43-44, 46-47, 49-50 are rejected for dependent of rejected independent claim, respectively. 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)(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) 26, 28, 30, 32, 39-51 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by PARK et al. (US 2019/0199477 A1), hereinafter PARK. Regarding claim 26, PARK discloses a method performed by a user equipment (UE), the method comprising: receiving, from a base station, a radio resource control (RRC) message that includes information representing at least one communication resource (the eNB can configure a plurality of UL grant-to-PUSCH timing values for the UE through a higher layer signal such as RRC signaling, see ¶ 0840, 0842, 0948); receiving, from the base station, downlink control information (DCI) including a bitmap transmission using at least a part of the at least one communication resource is cancelled and a period in which the uplink transmission is cancelled (then indicate activation or release of PUSCH transmission through DCI, see ¶ 0948, where the DCI may include one bit indicator, see ¶ 0788); and cancelling the uplink transmission using the at least the part of the lease one communication resource during the period based on the RRC message and the bitmap (when the eNB instructs to release the PUSCH transmission through the DCI, the UE may stop the PUSCH transmission, see ¶ 0948); wherein the DCI is applied to physical uplink shared channel (PUSCH) transmissions that are transmitted later by a time duration required to process the PUSCH corresponding to the at least one communication resource (the eNB may configure PUSCH transmission resources and periods in advance through a higher layer signal and then indicate activation or release of PUSCH transmission through DCI, see ¶ 0948). Regarding claim 39, PARK discloses wherein the time duration is defined by a parameter (the order predetermined between the eNB and UE according to DM-RS patterns in the PUSCH and PUSCH duration (=the number of OFDM symbols in the PUSCH), see ¶ 0974). Regarding claim 40, PARK discloses the parameter corresponds to a number of resources (the order predetermined between the eNB and UE according to DM-RS patterns in the PUSCH and PUSCH duration (=the number of OFDM symbols in the PUSCH), see ¶ 0974). Regarding claim 41, PARK discloses the parameter corresponds to a number of symbols (the order predetermined between the eNB and UE according to DM-RS patterns in the PUSCH and PUSCH duration (=the number of OFDM symbols in the PUSCH), see ¶ 0974). Regarding claim 28, PARK discloses a method performed by a base station, the method comprising: transmitting, to a user equipment (UE), a radio resource control (RRC) message that includes information representing at least one communication resource (the eNB can configure a plurality of UL grant-to-PUSCH timing values for the UE through a higher layer signal such as RRC signaling, see ¶ 0840, 0842, 0948); and transmitting, to the UE, downlink control information (DCI) including a bitmap transmission using at least a part of the at least one communication resource is cancelled and a period in which the uplink transmission is cancelled (then indicate activation or release of PUSCH transmission through DCI, see ¶ 0948, where the DCI may include one bit indicator, see ¶ 0788); and wherein the DCI is applied to physical uplink shared channel (PUSCH) transmissions that are transmitted later by a time duration required to process the PUSCH corresponding to the at least one communication resource (the eNB may configure PUSCH transmission resources and periods in advance through a higher layer signal and then indicate activation or release of PUSCH transmission through DCI, see ¶ 0948). Regarding claim 43, PARK discloses wherein the time duration is defined by a parameter (the order predetermined between the eNB and UE according to DM-RS patterns in the PUSCH and PUSCH duration (=the number of OFDM symbols in the PUSCH), see ¶ 0974). Regarding claim 44, PARK discloses the parameter corresponds to a number of symbols (the order predetermined between the eNB and UE according to DM-RS patterns in the PUSCH and PUSCH duration (=the number of OFDM symbols in the PUSCH), see ¶ 0974). Regarding claim 30, PARK discloses a user equipment (UE) comprising: a at least one memory storing instructions; and at least one processor configured to process the instruction to: receive, from a base station, a radio resource control (RRC) message that includes information representing at least one communication resource (the eNB can configure a plurality of UL grant-to-PUSCH timing values for the UE through a higher layer signal such as RRC signaling, see ¶ 0840, 0842, 0948); receive, from the base station, downlink control information (DCI) including a bitmap transmission using at least a part of the at least one communication resource is cancelled and a period in which the uplink transmission is cancelled (then indicate activation or release of PUSCH transmission through DCI, see ¶ 0948, where the DCI may include one bit indicator, see ¶ 0788); and cancel the uplink transmission using the at least the part of the lease one communication resource during the period based on the RRC message and the bitmap (when the eNB instructs to release the PUSCH transmission through the DCI, the UE may stop the PUSCH transmission, see ¶ 0948); wherein the DCI is applied to physical uplink shared channel (PUSCH) transmissions that are transmitted later by a time duration required to process the PUSCH corresponding to the at least one communication resource (the eNB may configure PUSCH transmission resources and periods in advance through a higher layer signal and then indicate activation or release of PUSCH transmission through DCI, see ¶ 0948). Regarding claim 46, PARK discloses wherein the time duration is defined by a parameter (the order predetermined between the eNB and UE according to DM-RS patterns in the PUSCH and PUSCH duration (=the number of OFDM symbols in the PUSCH), see ¶ 0974). Regarding claim 47, PARK discloses the parameter corresponds to a number of symbols (the order predetermined between the eNB and UE according to DM-RS patterns in the PUSCH and PUSCH duration (=the number of OFDM symbols in the PUSCH), see ¶ 0974). Regarding claim 32, PARK discloses a base station comprising: a transceiver circuit configured: transmit, to a user equipment (UE), a radio resource control (RRC) message that includes information representing at least one communication resource (the eNB can configure a plurality of UL grant-to-PUSCH timing values for the UE through a higher layer signal such as RRC signaling, see ¶ 0840, 0842, 0948); and transmit, to the UE, downlink control information (DCI) including a bitmap transmission using at least a part of the at least one communication resource is cancelled and a period in which the uplink transmission is cancelled (then indicate activation or release of PUSCH transmission through DCI, see ¶ 0948, where the DCI may include one bit indicator, see ¶ 0788); and wherein the DCI is applied to physical uplink shared channel (PUSCH) transmissions that are transmitted later by a time duration required to process the PUSCH corresponding to the at least one communication resource (the eNB may configure PUSCH transmission resources and periods in advance through a higher layer signal and then indicate activation or release of PUSCH transmission through DCI, see ¶ 0948). Regarding claim 49, PARK discloses wherein the time duration is defined by a parameter (the order predetermined between the eNB and UE according to DM-RS patterns in the PUSCH and PUSCH duration (=the number of OFDM symbols in the PUSCH), see ¶ 0974). Regarding claim 50, PARK discloses the parameter corresponds to a number of symbols (the order predetermined between the eNB and UE according to DM-RS patterns in the PUSCH and PUSCH duration (=the number of OFDM symbols in the PUSCH), see ¶ 0974). 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(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over PARK in view of WANG et al. (US 11,382123 B2), hereinafter WANG. Regarding claim 34, PARK fails to explicitly disclose the DCI includes: a first field including an index corresponding to the at least the part of the at least one communication resource; and a second field including information indicating the period. In the same field of endeavor, WANG discloses a downlink control information may comprise at least two fields: the first information field indicating a frequency resource and the second information field indicating time resource (see claims 1, 8). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement WANG’s teaching in the network taught by PARK for providing more flexible scheme in which resources are allocated. Response to Arguments Applicant’s arguments with respect to claim(s) 26, 28, 30, 32, 34, have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any response to this action should be mailed to: The following address mail to be delivered by the United States Postal Service (USPS) only: Mail Stop _____________ Commissioner for Patents P. O. Box 1450 Alexandria, VA 22313-1450 or faxed to: (571) 273-8300, (for formal communications intended for entry) Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob A. Phunkulh whose telephone number is (571) 272-3083. The examiner can normally be reached on Monday-Thursday from 8:00 A.M. to 5:00 P.M. (first week of the bi-week) and Monday-Friday (for second week of the bi-week). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor CHARLES C. JIANG can be reach on (571) 270-7191. 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). /BOB A PHUNKULH/Primary Examiner, Art Unit 2412
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Prosecution Timeline

Feb 09, 2021
Application Filed
Sep 26, 2023
Non-Final Rejection — §102, §103, §112
Feb 27, 2024
Response Filed
May 06, 2024
Final Rejection — §102, §103, §112
Aug 05, 2024
Response after Non-Final Action
Aug 13, 2024
Examiner Interview (Telephonic)
Aug 13, 2024
Response after Non-Final Action
Sep 05, 2024
Request for Continued Examination
Sep 07, 2024
Response after Non-Final Action
Sep 09, 2024
Non-Final Rejection — §102, §103, §112
Nov 20, 2024
Response Filed
Dec 28, 2024
Final Rejection — §102, §103, §112
Mar 28, 2025
Request for Continued Examination
Mar 31, 2025
Response after Non-Final Action
Apr 04, 2025
Non-Final Rejection — §102, §103, §112
Jul 17, 2025
Applicant Interview (Telephonic)
Jul 18, 2025
Examiner Interview Summary
Aug 07, 2025
Response Filed
Oct 08, 2025
Final Rejection — §102, §103, §112
Jan 07, 2026
Request for Continued Examination
Jan 22, 2026
Response after Non-Final Action
Jan 29, 2026
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+9.4%)
2y 10m
Median Time to Grant
High
PTA Risk
Based on 935 resolved cases by this examiner. Grant probability derived from career allow rate.

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