Prosecution Insights
Last updated: April 19, 2026
Application No. 17/430,437

Terminal Device, Network Device and Methods Therein

Non-Final OA §103
Filed
Aug 12, 2021
Examiner
NGUYEN, BAO G
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
4 (Non-Final)
73%
Grant Probability
Favorable
4-5
OA Rounds
3y 5m
To Grant
76%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
256 granted / 350 resolved
+15.1% vs TC avg
Minimal +3% lift
Without
With
+3.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
56 currently pending
Career history
406
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
71.9%
+31.9% vs TC avg
§102
18.1%
-21.9% vs TC avg
§112
4.8%
-35.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 350 resolved cases

Office Action

§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 . Response to Arguments Applicant’s arguments, filed 10/02/25, with respect to the rejection(s) of claim(s) 32-33, 35-51 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Loehr (Pub No 20230239934) further in view of Tsai (Pub No 20190104534) in view of Wang (CN 110366261 A). Regarding claim 1, The applicant argues that the prior art Choi does not teach the limitations in the foreign priority. The examiner relies on newly cited Tsai (Pub No 20190104534) Regarding claim 1, Applicant argues that Loehr does not teach determining the frequency domain based on the preamble. The examiner relies on newly cited Wang (CN 110366261 A) to teach the limitation. 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) 32-33, 35, 40-47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loehr (Pub No 20230239934) further in view of Tsai (Pub No 20190104534) and Wang (CN 110366261 A) Regarding claim 32 and 45, Loehr teaches a method in a terminal device, comprising: a transceiver, a processor and a memory, the memory comprising instructions executable by the processor whereby the terminal device is operative to perform of: (see para [0042]) determining a preamble to be transmitted to a network device on a random access occasion; (interpreted as uplink timing for a PUSCH transmission and a preamble transmission in step 1 of the 2-step RACH procedure; 4) switching between a 2-step RACH procedure and a 4-step RACH procedure; and/or 5) resource allocation for an uplink transmission in step 1 of the 2-step RACH procedure, see para [0051]) determining a resource for transmitting a Physical Uplink Shared Channel (PUSCH) based on the random access occasion (interpreted as Certain details of a 2-step RACH procedure may include:…..uplink timing for a PUSCH transmission and a preamble transmission in step 1 of the 2-step RACH procedure; 4) switching between a 2-step RACH procedure and a 4-step RACH procedure; and/or 5) resource allocation for an uplink transmission in step 1 of the 2-step RACH procedure, see para [0051]) wherein determining the resource comprises determining, from a set of frequency domain resources associated with the random access occasion, (interpreted as In some embodiments, in CFRA a UE may be allocated a RACH preamble and/or RACH resource (e.g., by means of a PDCCH order) that makes a need for a contention resolution obsolete, see para [0055]). Also seeIn one embodiment, PRACH resources are determined as in a 4-step RACH procedure (e.g., using RACH-ConfigGeneric parameters broadcasted as part of SIB1 in 5G NR). It should be noted that parameters used to determine PUSCH resources may be broadcast specifically for the purpose of transmitting step 1 of a 2-step RACH procedure…The linking may be accomplished using one or more of the following offsets: 1) frequency offset, O_f: offset of lowest PUSCH transmission occasion in a frequency domain with respective to PRACH resources, see para [0087]) transmitting to the network device the preamble on the random access occasion and the PUSCH on the resource, in a random access message. (interpreted as In certain embodiments, in a second communication 508 (e.g., first step in the 2-step RACH procedure, msg1 and msg3 of the 4-step RACH procedure) transmitted from the UE 502 to the gNB 504, the UE 502 transmits a PRACH preamble to the gNB 504 and an uplink transmission (e.g., on PUSCH), see para [0058]). However, Loehr does not teach that the frequency domain resource for the PUSCH is determined further based on a frequency hopping configuration for the PUSCH; Tsai teaches wherein the frequency domain resource for the PUSCH is determined further based on a frequency hopping configuration for the PUSCH; (interpreted as In certain configurations (frequency hopping), the PUSCH (the PUSCH 910) includes a first section (the region 908-a) of the PUSCH that spans a first part (e.g., the subcarriers 914-(Mb+1) to 914-(Mb+Ma+1)) of a frequency range (e.g., the subcarriers 914-0 to 914-(Mb+Ma+1)) of the PUSCH and a second section (e.g., the region 908-b) of the PUSCH that spans a second part (e.g., the subcarriers 914-0 to 914-Mb) of the frequency range of the PUSCH. The selected section (e.g., the region 908-a or the region 908-b) of the PUSCH is one of the first section of the PUSCH and the second section of the PUSCH, see para [01115]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the PUSCH frequency resources as taught by Loehr with the PUSCH frequency hopping as taught by Tsai with the motivation being to increase probability of successful transmission by using frequency hopping to obtain frequency diversity. However Loehr in view of Tsai do not teach determining a frequency domain resource for the PUSCH based on the preamble. Wang teaches determining a frequency domain resource for the PUSCH based on the preamble (interpreted as UE can determine message included in the RAR uplink grant (UL Grant) sending Msg field indicates that PUSCH frequency domain position of 3 with respect to sending the PRACH preamble starting PRB of the offset, and is allocated to the PUSCH PRB number, see pg. 9 line 18-22; Pg. 13 line 40-50) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grant as taught by Loehr in view of Tsai with the mapping of the preamble and PUSCH in the grant as taught by Tsai with the motivation being indicate the resources used for transmitting the information. Regarding claim 46, Loehr teaches A method in a network device, comprising: receiving a preamble from a terminal device, as a part of a random access message, on a random access occasion, the random access message further comprising a Physical Uplink Shared Channel (PUSCH) (interpreted as The method 800 may include receiving 802 a preamble in a first time slot see para [0101]); determining a resource for the PUSCH based on the random access occasion, wherein determining the resource comprises determining, from a set of frequency domain resources associated with the random access occasion, (interpreted as he linking may be accomplished using one or more of the following offsets: 1) frequency offset, O_f: offset of lowest PUSCH transmission occasion in a frequency domain with respective to PRACH resources, see para [0087]) and receiving the PUSCH on the resource. (interpreted as receiving an uplink data transmission via a physical uplink shared channel in a second time slot different from the first time slot in response to a determination by a remote unit to perform a two-step random access channel procedure, see para [0101]. Also see para [0051]) However, Loehr does not teach and wherein the frequency domain resource for the PUSCH is determined further based on a frequency hopping configuration for the PUSCH; Tsai teaches wherein the frequency domain resource for the PUSCH is determined further based on a frequency hopping configuration for the PUSCH; (interpreted as In certain configurations (frequency hopping), the PUSCH (the PUSCH 910) includes a first section (the region 908-a) of the PUSCH that spans a first part (e.g., the subcarriers 914-(Mb+1) to 914-(Mb+Ma+1)) of a frequency range (e.g., the subcarriers 914-0 to 914-(Mb+Ma+1)) of the PUSCH and a second section (e.g., the region 908-b) of the PUSCH that spans a second part (e.g., the subcarriers 914-0 to 914-Mb) of the frequency range of the PUSCH. The selected section (e.g., the region 908-a or the region 908-b) of the PUSCH is one of the first section of the PUSCH and the second section of the PUSCH, see para [01115]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the PUSCH frequency resources as taught by Loehr with the PUSCH frequency hopping as taught by Tsai with the motivation being to increase probability of successful transmission by using frequency hopping to obtain frequency diversity. However Loehr in view of Tsai do not teach determining a frequency domain resource for the PUSCH based on the preamble. Wang teaches determining a frequency domain resource for the PUSCH based on the preamble (interpreted as UE can determine message included in the RAR uplink grant (UL Grant) sending Msg field indicates that PUSCH frequency domain position of 3 with respect to sending the PRACH preamble starting PRB of the offset, and is allocated to the PUSCH PRB number, see pg. 9 line 18-22) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grant as taught by Loehr in view of Tsai with the mapping of the preamble and PUSCH in the grant as taught by Tsai with the motivation being indicate the resources used for transmitting the information. Regarding claim 33 and 47, Loehr teaches The method of claim 32, wherein determining the resource comprises determining a time domain resource for the PUSCH based on a mapping between the time domain resource for the PUSCH and the random access occasion (interpreted as time offset, T_f: offset of lowest PUSCH transmission occasion in time domain with respective to PRACH transmission occasion chosen by the UE, see para [0087][0080]). Regarding claim 35, Loehr teaches The method of claim 32, wherein the frequency configuration is predetermined by default or received from the network device via Radio Resource Control (RRC) signaling. (interpreted as configure how many PRBs are used for transmitting PUSCH of step 1 of a 2-step RACH procedure using RRC signaling, see para [0091]) However, Loehr does not teach frequency hopping; Choi teaches frequency hopping; (interpreted as FIG. 30 illustrates UCI transmission in a case in which a PUSCH having an intra-slot hopping configuration overlaps in at least one symbol, see para [0261]. Also see The frequency hopping may be configured as intra-slot frequency hopping for performing frequency hopping in a slot and as inter-slot frequency hopping for performing the frequency hopping for each slot, see para [0183]. Also see For example, the processor 110 may receive slot configuration information, determine a slot configuration based on the slot configuration information, and perform communication according to the determined slot configuration, see para [0142]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the PUSCH frequency resources as taught by Loehr with the PUSCH frequency hopping as taught by Choi with the motivation being to increase probability of successful transmission by using frequency hopping to obtain frequency diversity. Regarding claim 40, Loehr teaches The method of claim 32, wherein determining the resource comprises determining, from a set of time domain resources associated with the random access occasion, a time domain resource for the PUSCH based on the preamble. (interpreted as offset of lowest PUSCH transmission occasion in time domain with respective to PRACH transmission occasion chosen by the UE, see Loehr para [0087]) Regarding claim 41, Loehr teaches The method of claim 32, wherein determining the resource comprises determining a frequency domain resource for the PUSCH based on a mapping between the frequency domain resource for the PUSCH and the random access occasion. (interpreted as offset of lowest PUSCH transmission occasion in a frequency domain with respective to PRACH resources defined by msg1-FrequencyStart in 5G NR system, see para [0087]) Regarding claim 42, Loehr teaches The method of claim 32, wherein the set of time domain resources and the set of frequency domain resources constitute a set of time-frequency resources that are multiplexed with the random access occasion in a time division manner and multiplexed with each other in a time division, a frequency division and/or a code divisional manner. (interpreted as In one implementation, the wireless communication system 100 is compliant with NR protocols standardized in 3GPP, wherein the network unit 104 transmits using an Orthogonal frequency division multiplexing (OFDM) modulation scheme on the DL and the remote units 102 transmit on the UL using a SC-FDMA scheme or an OFDM scheme. Regarding claim 43, Loehr teaches The method of claim 32, wherein the resource is determined further based on one or more of: a combined duration of the preamble and the PUSCH, a service type, a resource used for the PUSCH previously, a Sub-Carrier Spacing (SCS) and a Cyclic Prefix (CP) length for the PUSCH, or a frequency band in operation. (interpreted as In certain embodiments, an offset may depend on an employed subcarrier spacing (e.g., because a duration of a preamble-like signal may be a function of the subcarrier spacing) even though a required detection time may not scale equally. For example, in a first subcarrier spacing, an offset may be 1 slot, and in another subcarrier spacing the offset may be 2 slots. As may be appreciated, because it is possible that a gNB has sufficient capability to buffer a received signal, it may be beneficial if an offset can be 0 slots (e.g., implying that a preamble-like signal and an uplink data transmission occur in the same slot), see Loehr para [0071]) Regarding claim 44, Loehr teaches The method of claim 32, wherein the random access message is a message in a two-step random access procedure. (see two-step RACH para [0094]) Claim(s) 36-39, 48-51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loehr (Pub No 20230239934) further in view of Choi (Pub No 20220104224), Wang (CN 110366261 A), and Takeda (Pub No 20210378006). Regarding claim 36 and 48, Loehr teaches The method of claim 32, wherein determining the resource comprises determining a time domain resource for the PUSCH based on a mapping between the preamble and: (see para [0086]) an offset relative to a time reference dependent on the random access occasion, (interpreted as time offset, T_f: offset of lowest PUSCH transmission occasion in time domain with respective to PRACH transmission occasion chosen by the UE, see para [0087]) a start symbol number of the PUSCH within a slot, and (interpreted as If the PUSCH is an Msg3 PUSCH, the UE uses the same RS resource index as for a corresponding PRACH transmission, see para [0080]) a PUSCH in the slot. (interpreted as it is possible that a gNB has sufficient capability to buffer a received signal, it may be beneficial if an offset can be 0 slots (e.g., implying that a preamble-like signal and an uplink data transmission occur in the same slot), see para [0071]) However, Loehr does not teach a PUSCH mapping type; duration of the PUSCH; Takeda teaches a PUSCH mapping type; duration of the PUSCH (interpreted as Each row in the PUSCH time domain resource allocation table may include at least one of a slot offset K2, a Start and Length Indicator Value (SLIV), a start time (for example, a start symbol S), a duration (for example, number of symbols L), or a PUSCH mapping type, see para [0106]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the PUSCH parameters taught by Loehr with the additional PUSCH parameters taught by Takeda with the motivation being to meet diverse demands of users and optimize the network performance by using additional parameters. Regarding claim 37 and 49, Loehr teaches The method of claim 36, wherein the time reference comprises: a slot used for the random access occasion, (rejected upon being alternative limitation) or one of a set of periodically occurring time instants that is selected based on its time distance from the random access occasion (interpreted as In such an example, if the preamble-like signal is from a second set, this indicates that transmission of the uplink data is deferred to a later slot than the preamble-like signal (e.g., to the next slot), see Loehr para [0083]) Regarding claim 38 and 50, Loehr teaches The method of claim 37, wherein the slot used for the random access occasion is the last slot used for the random access occasion, or the one time instant is one of the set of periodically occurring time instants that is closest to the random access occasion. (interpreted as In such an example, if the preamble-like signal is from a second set, this indicates that transmission of the uplink data is deferred to a later slot than the preamble-like signal (e.g., to the next slot), see Loehr para [0083]) Regarding claim 39 and 51, Loehr teaches The method of claim 36, wherein the mapping is received from the network device via Radio Resource Control (RRC) signaling, the RRC signaling comprising a System Information Block (SIB) and/or a dedicated signaling message. (interpreted as may be appreciated, though broadcasting has been indicated above as the signaling mechanism, a dedicated RRC signaling or specified values may also be used (e.g., for a non-initial random access procedure), see Loehr para [0090]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAO G NGUYEN whose telephone number is (571)272-7732. The examiner can normally be reached M-F 10pm - 6:30pm. 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, Huy Vu can be reached on 571-272-3155. 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. /BAO G NGUYEN/Examiner, Art Unit 2461 /HUY D VU/Supervisory Patent Examiner, Art Unit 2461
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Prosecution Timeline

Aug 12, 2021
Application Filed
Aug 12, 2021
Response after Non-Final Action
Sep 22, 2023
Non-Final Rejection — §103
Jan 04, 2024
Response Filed
Apr 28, 2024
Non-Final Rejection — §103
Aug 01, 2024
Response Filed
Jan 10, 2025
Response after Non-Final Action
Jun 30, 2025
Non-Final Rejection — §103
Oct 02, 2025
Response Filed
Jan 22, 2026
Non-Final Rejection — §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

4-5
Expected OA Rounds
73%
Grant Probability
76%
With Interview (+3.3%)
3y 5m
Median Time to Grant
High
PTA Risk
Based on 350 resolved cases by this examiner. Grant probability derived from career allow rate.

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