Prosecution Insights
Last updated: August 18, 2026
Application No. 17/608,723

MULTI-TRP TRANSMISSION FOR DOWNLINK SEMI-PERSISTENT SCHEDULING

Non-Final OA §103
Filed
Nov 03, 2021
Priority
May 03, 2019 — provisional 62/843,093 +1 more
Examiner
AREVALO, JOSEPH
Art Unit
2642
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
6 (Non-Final)
84%
Grant Probability
Favorable
6-7
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
728 granted / 863 resolved
+22.4% vs TC avg
Strong +21% interview lift
Without
With
+20.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
25 currently pending
Career history
892
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
57.0%
+17.0% vs TC avg
§102
24.2%
-15.8% vs TC avg
§112
4.3%
-35.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 863 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/30/2026 has been entered. Claim Objections Claim 19 was cancelled previously on 05/22/2024. The Claims 19 appears Previously presented on 06/01/2026. Appropriate correction is required. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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 under 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a) Claims 1-5, 7-11, 13-14, 16-17 and 21-22 are rejected under 35 U.S.C. 103 as being un-patentable over MIAO et al Patent Application No. :( US 2022/0110138 A1) hereinafter referred as MIAO, in view of Sarkar et al US Patent No.:( US 8,238,931 B1) hereinafter referred as Sarkar, in further view of Ahn et al (PCT/ KR2018/008843) using as a translation the US Patent No.:( US 11,838,795 B2) hereinafter referred as Ahn. For claim 1, MIAO teaches a method performed by a wireless device for configuring one or more wireless communications settings, the method comprising: determining a plurality of wireless communications configurations (paragraph [0104], lines 1-4). However, MIAO disclose all the subject matter of the claimed invention with the exemption of the simultaneously activating at least two of the plurality of wireless communications configurations such that the at least two of the plurality of wireless communications configurations include configuration of one or more of a low latency and/or reliability scheme and one or more properties related to the low latency and/or reliability scheme; and receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers as recited in claim 1. Sarkar from the same or analogous art teaches the simultaneously activating at least two of the plurality of wireless communications configurations such that the at least two of the plurality of wireless communications configurations include configuration of one or more of a low latency (column 3, lines 25-51) and/or reliability scheme and one or more properties related to the low latency and/or reliability scheme (column 4, lines 19-43). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the simultaneously activating at least two of the plurality of wireless communications configurations such that the at least two of the plurality of wireless communications configurations include configuration of one or more of a low latency and/or reliability scheme and one or more properties related to the low latency and/or reliability scheme as taught by Sarkar into the physical downlink control channel with multiple transmission reception points of MIAO. The simultaneously activating at least two of the plurality of wireless communications configurations such that the at least two of the plurality of wireless communications configurations include configuration of one or more of a low latency and/or reliability scheme and one or more properties related to the low latency and/or reliability scheme can be modify/implemented by combining the simultaneously activating at least two of the plurality of wireless communications configurations such that the at least two of the plurality of wireless communications configurations include configuration of one or more of a low latency and/or reliability scheme and one or more properties related to the low latency and/or reliability scheme with the device. This process is implemented as a hardware solution or as firmware solutions of Sarkar into the physical downlink control channel with multiple transmission reception points of MIAO. As disclosed in Sarkar, the motivation for the combination would be to use the simultaneously activating at least two of the plurality of wireless communications using the low latency which helps to reduce the delays in data transfer becoming more efficient and reliable for a faster and better communication. However, MIAO disclose all the subject matter of the claimed invention with the exemption of the receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers as recited in claim 1. Ahn from the same or analogous art teaches the receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers (paragraphs [0024], [0030]-[0031], lines 1-8). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers as taught by Ahn into the physical downlink control channel with multiple transmission reception points of MIAO. The receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers can be modify/implemented by combining the receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers with the device. This process is implemented as a hardware solution or as firmware solutions of Ahn into the physical downlink control channel with multiple transmission reception points of MIAO. As disclosed in Ahn, the motivation for the combination would be to use the receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency reducing control channel overhead, which improves network capacity and lowers power consumption for user devices (UEs). It achieves this by allocating a fixed set of radio resources and transmission parameters at the start of a call, eliminating the need for continuous scheduling grants, thus saving control channel resources becoming more efficient and reliable for a better communication. For claim 2, MIAO teaches the method, wherein simultaneously activating the at least two of the plurality of wireless communications configurations is performed only when the wireless device is simultaneously communicating with multiple transmission points (paragraph [0151], lines 14-24). For claim 3, MIAO teaches the method, wherein the wireless device applies one or more of the low latency and/or reliability schemes by receiving multiple Transmission Configuration Indication, TCI, states (paragraphs [0005]-[0006], lines 1-5) and (paragraphs [0092], lines 1-10). For claim 4, MIAO teaches the method, wherein receiving the multiple TCI states corresponds to reception of the downlink SPS, with the applied low latency and/or reliability scheme (paragraphs [0008] and [0039], lines 6-13) common CORESET configuration is shared by multiple UE’s in a cell, so accordingly network take care alignment with all UE’s for this configuration. The PDCCH control region). For claim 5, MIAO teaches the method, wherein the at least two of the plurality of wireless communications configurations in response to an activating Downlink Control Information, DCI, message (paragraphs [0091], lines 1-9). For claim 7, MIAO teaches the method, wherein determining the plurality of wireless communications configurations comprises communicating with a network node to determine the plurality of wireless communications configurations (paragraph [0279], lines 1-8). For claim 8, MIAO teaches the method, wherein determining the plurality of wireless communications configurations is done via Radio Resource Control, RRC (paragraph [0091], lines 1-9). For claim 9, MIAO teaches the method, wherein the low latency scheme and the reliability scheme include one or more of the group consisting of: spatial multiplexing, frequency multiplexing, slot-based time multiplexing, and mini-slot based time multiplexing (paragraph [0258], lines 1-13). For claim 10, MIAO teaches the method, wherein the one or more properties related to the low latency scheme and the one or more properties related to the reliability scheme include one or more of the group consisting of: a repetition factor for slot-based time repetition, a frequency domain resource allocation information for frequency repetition, a time domain resource allocation information for time repetition, and a configuration of additional TCI states in addition to what is indicated in the activating DCI (paragraph [0057], lines 1-8). For claim 11, MIAO teaches the method, wherein the at least two of the plurality of wireless communications configurations are chosen based on a control message from the network node (paragraph [0279], lines 13-17). For claim 13, MIAO teaches the method, wherein the one or more of the low latency and/or reliability schemes are chosen based on a TCI field in a DCI message (paragraph [0091], lines 1-9). For claim 14, MIAO teaches the method, wherein the configuration of one or more of a low latency and/or reliability schemes is independent for each of the plurality of wireless communications configurations (paragraphs [0008] and [0039], lines 6-13) common CORESET configuration is shared by multiple UE’s in a cell, so accordingly network take care alignment with all UE’s for this configuration. The PDCCH control region). For claim 16, MIAO teaches a method performed by a base station for configuring one or more wireless communications settings, the method comprising: communicating with a wireless device such that a plurality of wireless communications configurations is configured for the wireless device (paragraph [0104], lines 1-4). However, MIAO disclose all the subject matter of the claimed invention with the exemption of the simultaneously activating at least two of the plurality of wireless communications configurations such that the at least two of the plurality of wireless communications configurations include configuration of one or more of a low latency and/or reliability scheme and one or more properties related to the low latency and/or reliability scheme; and receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers as recited in claim 16. Sarkar from the same or analogous art teaches the simultaneously activating at least two of the plurality of wireless communications configurations such that the at least two of the plurality of wireless communications configurations include configuration of one or more of a low latency (column 3, lines 25-51) and/or reliability scheme and one or more properties related to the low latency and/or reliability scheme (column 4, lines 19-43). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the simultaneously activating at least two of the plurality of wireless communications configurations such that the at least two of the plurality of wireless communications configurations include configuration of one or more of a low latency and/or reliability scheme and one or more properties related to the low latency and/or reliability scheme as taught by Sarkar into the physical downlink control channel with multiple transmission reception points of MIAO. The simultaneously activating at least two of the plurality of wireless communications configurations such that the at least two of the plurality of wireless communications configurations include configuration of one or more of a low latency and/or reliability scheme and one or more properties related to the low latency and/or reliability scheme can be modify/implemented by combining the simultaneously activating at least two of the plurality of wireless communications configurations such that the at least two of the plurality of wireless communications configurations include configuration of one or more of a low latency and/or reliability scheme and one or more properties related to the low latency and/or reliability scheme with the device. This process is implemented as a hardware solution or as firmware solutions of Sarkar into the physical downlink control channel with multiple transmission reception points of MIAO. As disclosed in Sarkar, the motivation for the combination would be to use the simultaneously activating at least two of the plurality of wireless communications using the low latency which helps to reduce the delays in data transfer becoming more efficient and reliable for a faster and better communication. However, MIAO disclose all the subject matter of the claimed invention with the exemption of the receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers as recited in claim 16. Ahn from the same or analogous art teaches the receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers (paragraphs [0024], [0030]-[0031], lines 1-8). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers as taught by Ahn into the physical downlink control channel with multiple transmission reception points of MIAO. The receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers can be modify/implemented by combining the receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency and/or reliability scheme wherein the one or more properties include a Physical Downlink Shared Channel, PDSCH, aggregation factor for slot based time repetition that is configured by higher layers with the device. This process is implemented as a hardware solution or as firmware solutions of Ahn into the physical downlink control channel with multiple transmission reception points of MIAO. As disclosed in Ahn, the motivation for the combination would be to use the receiving downlink Semi-Persistent Scheduling, SPS, by applying one or more of the low latency reducing control channel overhead, which improves network capacity and lowers power consumption for user devices (UEs). It achieves this by allocating a fixed set of radio resources and transmission parameters at the start of a call, eliminating the need for continuous scheduling grants, thus saving control channel resources becoming more efficient and reliable for a better communication. For claim 17, MIAO teaches the method, wherein communicating with the wireless device such that the at least two of the plurality of wireless communications configurations are simultaneously activated is performed only when the wireless device is simultaneously communicating with at least two transmission points (paragraph [0151], lines 14-24). For claim 21, MIAO teaches the method, wherein the low latency scheme and the reliability scheme include one or more of the group consisting of: spatial multiplexing, frequency multiplexing, slot-based time multiplexing, and mini-slot based time multiplexing (paragraph [0258], lines 1-13). For claim 22, MIAO teaches the method, wherein the one or more properties related to the low latency scheme and the one or more properties related to the reliability scheme include one or more of the group consisting of: a repetition factor for slot based time repetition, a frequency domain resource allocation information for frequency repetition, a time domain resource allocation information for time repetition, and a configuration of additional Transmission Configuration Indicator, TCI, states in addition to what is indicated in the activating DCI (paragraph [0057], lines 1-8). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached M-F 8:30-5:00 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, Rafael Perez-Gutierrez can be reached at (571)272-7915. 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. /JOSEPH AREVALO/ Primary Examiner, Art Unit 2642
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Prosecution Timeline

Show 8 earlier events
Jul 28, 2025
Response after Non-Final Action
Sep 17, 2025
Non-Final Rejection mailed — §103
Dec 17, 2025
Response Filed
Mar 30, 2026
Final Rejection mailed — §103
Jun 01, 2026
Response after Non-Final Action
Jun 30, 2026
Request for Continued Examination
Jul 01, 2026
Response after Non-Final Action
Jul 08, 2026
Non-Final Rejection mailed — §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

6-7
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+20.9%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 863 resolved cases by this examiner. Grant probability derived from career allowance rate.

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