Prosecution Insights
Last updated: April 19, 2026
Application No. 17/652,060

POWER HEADROOM REPORTING BASED ON DUTY CYCLE SCHEDULING

Final Rejection §103
Filed
Feb 22, 2022
Examiner
ELPENORD, CANDAL
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
6 (Final)
90%
Grant Probability
Favorable
7-8
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
971 granted / 1082 resolved
+31.7% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
27 currently pending
Career history
1109
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
48.5%
+8.5% vs TC avg
§102
25.1%
-14.9% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1082 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 Amendment Claims 1, 12, 23, 29 have been amended. The status of claim 1, 3-12, 14-32 remains pending. Response to Arguments Applicant's arguments filed on September 24, 2025 have been fully considered but they are not persuasive. The Applicant argued that CAPORAL and HAIM does not disclose “apply a modification to a maximum output power of the UE, wherein the medication is a accordance with a power class of the UE.” In response, the Examiner respectfully disagrees with the Applicant’s argument concerning the combination of CAPORA and HAIM because the combination under the broadest reasonable interpretation discloses applying a modification to the maximum output power of the UE. Moreover, regarding the modification to a maximum output power of the UE in accordance with a power class of the UE, the Examiner has made a new ground of rejection to address the power class of the UE. The Examiner respectfully submits that Worrall discloses a maximum power reduction based on the power class of the UE as shown below. 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 (i.e., changing from AIA to pre-AIA ) 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1, 3-12, 15-30 are rejected under 35 U.S.C. 103 as being unpatentable over CAPORAL et al (US 2022/0264481 A1) in view of Haim et al (US 2017/0223641 A1) and further in view of Worrall et al (US 9,055,544 B2). Regarding claim 1 (Currently Amended), CAPORAL ‘481 discloses an apparatus (fig. 2, wireless apparatus 200 that can be a client node such a s UE 110 or network node such as base station/gNB 120, section 0037-0041) for wireless communication at a user equipment (UE) (fig.. 1, UE 110 which communicates with one or more base stations/gNB 120, section 0037-0041), comprising: one or more memories (fig. 2, memory 204 coupled to a processor 202, section 0037-0048+); and one or more processors, (fig. 2, memory 204 coupled to a processor 202, the memory which stores computer program code/software application executed by the processor, section 0037-0048+) coupled to the one or more memories (fig. 2, memory 204 coupled to a processor 202, section 0037-0048+), the one or more processors individually or collectively configured to: [[apply]] a modification to a maximum output power associated with the UE (see, the UE determines reduction to the maximum and sends a power headroom report (PHR), maximum power in relation output power reduction, section 0057-0059, 0100-0103); and transmit a power headroom report (PHR),[[ after the application of the modification]], based on the modification to the maximum output power (see, the UE send s expected power reduction in PHR report, where the power reduction may comprise a power management maximum power reduction, section 0100-0103, noted: the output power is related to the maximum permissible exposure (MPE), section 0033, 0052-0053 0057, 0059) satisfying a change threshold (see, the UE determines a power back-off parameters and reports to the network, the UE limits the duty cycle to comply with MPE threshold, section 0056-0057). COPORAL ‘481 discloses all the claim limitations as set above but fails to explicitly disclose: apply a modification to a maximum output power of the UE; and transmit a power headroom report (PHR), after the application of the modification, based on the modification to the maximum output power satisfying a change threshold. However, Haim et al (US 2017/0223641 A1) from a similar field of endeavor discloses: apply a modification to a maximum output power of the UE (see, the WTRU reduces its maximum power based on maximum power reduction, the power headroom reports may be provided based on certain triggering events (path loss changes), section 0062-0063, see, additionally, the WTRU is allowed to set its configured maximum output power when P EMAX relating to a power limit that is signaled by the eNB, section 0254-0258, see, the WTRU is configured with P sub Max as maximum output power, section 0302-303, noted: as can be seen, the maximum power directly relates to maximum output power); and transmit a power headroom report (PHR), after the application of the modification (see, the WTRU provides power headroom reports to the eNB to assist the eNB in making scheduling policies, section 0062-0063), based on the modification to the maximum output power satisfying a change threshold (see, changed threshold relating to P sub-CMAX, section 0186-0188, 0343, noted: the P CMAX is related to the maximum output power, section 0302-0303). In view of the above, it 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 to modify the method and apparatus for determining reduction of power and sends it in a power headroom report of CAPORAL ‘481 with the method and device for reducing the maximum output power based on path loss changes as taught by Haim ‘641. The motivation would have been to provide power adjustment which is used by an eNB for scheduling. The combination of CAPORAL ‘481 and Haim ‘641 discloses all the claim limitations but fails to explicitly disclose: wherein the modification is accordance with a power class of the UE. However, Worrall et al (US 9,055,544 B2) from a similar field of endeavor discloses: wherein the modification is accordance with a power class of the UE (see, maximum power reduction in relation to the power class of the UE , fig. 3 to fig. 5, col. 2, line 52 to col. 4, line 33, col. 8, line 1 to col. 10, line 49, and scheduling based on received power headroom report (PHR) (co. 9, line 1 to col 10, line 49). In view of the above, it 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 to implement the maximum power reduction based on the power class of the UE as taught by Worrall ‘544 into the combined power headroom method and apparatus of CAPORAL ‘481 and Haim ‘641. The motivation would have been to provide uplink scheduling based on the power headroom report. Regarding claim 3 (Currently Amended), CAPORAL ‘481 discloses the apparatus of claim 1, wherein the change threshold comprises a Phr-Tx-PowerFactorChange variable (noted: power reduction that is being less or equal to the threshold in relation to duty cycle, the maximum uplink duty cycle varies, section 0056-0058, 0062-0064). Regarding claim 4 (Currently Amended), CAPORAL ‘481 as modified by Haim ‘641 the apparatus of claim 1, wherein, to apply the modification to the maximum output power (see, indication of the expected power reduction sent by the UE and the gNB performs link adaptation based on the received power reduction, where the power reduction comprises a power management maximum power reduction value, output power, section 0100, 0102-0103, 0105-0106, see, Haim, section 0062-0063, 0302-0303), the one or more processors are configured to: determine a reduction to the maximum output power (see, the UE determines the amount of power reduction based on current transmit power in relation to the maximum permissible exposure (MPE) limit, section 0095-0096) based on an uplink/downlink configuration in a cell serving the UE (see, new regime, configuration from the eNB, current load of cell, and power back-off report in relation to power reduction section 0106, 104). Regarding claim 5, CAPORAL ‘481 discloses the apparatus of claim 4, wherein, to transmit the PHR, the one or more processors are configured to: transmit the PHR based on the reduction being based on the uplink/downlink configuration (see, new regime, configuration from the eNB, current load of cell, and power back-off report in relation to power reduction section 0106, 104). Regarding claim 6, CAPORAL ‘481 discloses the apparatus of claim 5, wherein the PHR includes at least one bit indicating that the reduction is based on the uplink/downlink configuration (see, the UE sends indication of expected power reduction in a power back-off report (PBOR) where the report includes a bit in the field of the power headroom report, section 0102-0105). Regarding claim 7 (Currently Amended), CAPORAL ‘481 as modified by Haim ‘641 the apparatus of claim 1, wherein, to apply the modification to the maximum output power, the one or more processors are configured to: determine a reduction to the maximum output power (see, the UE determines a power back-off parameters and reports to the network, the UE limits the duty cycle to comply with MPE threshold, section 0056-0057, Hain, section 0062-0063, 0302-0303, 0187) based on an uplink duty cycle, associated with the UE, satisfying an uplink duty cycle threshold (see, maxUplinkDutyCycle threshold, and complying with the MPE limit, section 0056-0057). Regarding claim 8, CAPORAL ‘481 discloses the apparatus of claim 7, wherein the uplink duty cycle is calculated as a percentage of uplink symbols transmitted in an evaluation period (see, the UE transmits its duty cycle to the gNB 120, number of uplink slot or symbols within a defined observation period, section 0096, see, threshold relating to duty cycle for twenty percent (20%), section 0095). Regarding claim 9, CAPORAL ‘481 discloses the apparatus of claim 7, wherein the uplink duty cycle threshold comprises a maxUplinkDutyCycle-PC2-FR1 variable, a maxUplinkDutyCycle-PC2-FR2 variable (see, maxUplinkDutyCycle in relation to frequency range (FR2), Pcmaxfield section 0056, 0103), or a maxUplinkDutyCycle-PC1dot5 -FRI-r16 variable. Regarding claim 10, CAPORAL ‘841 discloses the apparatus of claim 7, wherein the PHR includes at least one bit indicating that the reduction is based on the uplink duty cycle (see, reserved bits of the power headroom in relation duty cycle, section 0101-0104, see, maxUplinkDutyCycle in relation to frequency range (FR2), Pcmax field section 0056, 0103). Regarding claim 11, CAPORAL ‘481 discloses the apparatus of claim 1, wherein the PHR comprises a PHR medium access control (MAC) control element (MAC-CE) (see, power headroom report (PHR) that indicates a power reduction in MAC CE, section 0100-0102). Regarding claim 12 (Currently Amended), CAPORAL ‘481 discloses an apparatus (fig. 1, gNB 120 which communicates with the UE, fig. 2, the gNB is treated as an apparatus which comprises processor 202 coupled to a memory 204, section 0037-0050) for wireless communication (see, the gNB sends power headroom request in relation to power reduction to the UE ,section 0103-0104) at a network entity (see, gNB/base station or network node which performs handover of the UE from one gNB to another to maintain connectivity, section 0041-0043, 088), comprising: one or more memories (noted: the gNB 120 comprises memory that is coupled to a processor, section 0119); and one or more processors coupled to the one or more memories (noted: the gNB 120 comprises memory that is coupled to a processor, section 0119, 0126-0128), the one or more processors individually or collectively configured (noted: the gNB 120 comprises memory that is coupled to a processor, section 0119) to: transmit an uplink/downlink configuration for a cell serving a user equipment (UE) (see, the gNB may inform the UE of new regime that is requested to operate in duty cycle and output power, and the criteria that is used by the gNB may include cell load, load of neighboring cells, section 106-0107, noted: power headroom that is requested by the gNB, section 0103); and receive a power headroom report (PHR) based on a modification to a maximum output power satisfying a change threshold (see, the UE determines a power back-off parameters and reports to the network, the UE limits the duty cycle to comply with MPE threshold, section 0056-0057), wherein the maximum output power is associated with the UE (noted: the power headroom report that indicates the power reduction is implicitly relating to request from the gNB, section 0092-0092-0100, see, the UE sends expected power reduction in PHR report, where the power reduction may comprise a power management maximum power reduction, section 0100-0105, noted: the output power is related to the maximum permissible exposure (MPE), section 0033, 0052-0053 0057, 0059). CAPORAL ‘481 discloses all the claim limitations as set forth above but fails to explicitly disclose: receive a power headroom report (PHR) based on an application of a modification to a maximum output power of the UE, satisfying a change threshold. However, Haim et al (US 2017/0223641 A1) from a similar field of endeavor discloses: receive a power headroom report (PHR) based on an application of a modification to a maximum output power of the UE (see, the WTRU provides power headroom reports to the eNB to assist the eNB in making scheduling policies, section 0062-0063, see, the WTRU is configured with P sub Max as maximum output power, section 0302-303, noted: the PHR is triggered when the CMAX/maximum output power has changed more than a threshold, section 0187), satisfying a change threshold (see, changed threshold relating to P sub-CMAX, section 0186-0188, 0343, see, additionally, the WTRU is allowed to set its configured maximum output power when P EMAX relating to a power limit that is signaled by the eNB, section 0254-0258, see, the WTRU is configured with P sub Max as maximum output power, section 0302-303, see, the WTRU reduces its maximum power based on maximum power reduction, the power headroom reports may be provided based on certain triggering events (path loss changes), section 0062-0063, 0274). In view of the above, it 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 to modify the method and apparatus for determining reduction of power and sends it in a power headroom report of CAPORAL ‘481 with the method and device for reducing the maximum output power based on path loss changes as taught by Haim ‘641. The motivation would have been to provide power adjustment which is used by an eNB for scheduling. The combination of CAPORAL ‘481 and Haim ‘641 discloses all the claim limitations but fails to explicitly disclose: modification to a maximum output power, of the UE, in accordance with a power class of the UE. However, Worrall et al (US 9,055,544 B2) from a similar field of endeavor discloses: modification to a maximum output power (see, maximum power reduction in relation to the power class of the UE , fig. 3 to fig. 5, col. 2, line 52 to col. 4, line 33, col. 8, line 1 to col. 10, line 49, of the UE, in accordance with a power class of the UE (see, maximum power reduction in relation to the power class of the UE , fig. 3 to fig. 5, col. 2, line 52 to col. 4, line 33, col. 8, line 1 to col. 10, line 49, and scheduling based on received power headroom report (PHR) (co. 9, line 1 to col 10, line 49). In view of the above, it 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 to implement the maximum power reduction based on the power class of the UE as taught by Worrall ‘544 into the combined power headroom method and apparatus of CAPORAL ‘481 and Haim ‘641. The motivation would have been to provide uplink scheduling based on the power headroom report. Regarding claim 15, CAPORAL ‘481discloses the apparatus of claim 12, wherein the modification to the maximum output power comprises a reduction to the maximum output power based on the uplink/downlink configuration (see, new regime, configuration from the eNB, current load of cell, and power back-off report in relation to power reduction section 0106, 104). Regarding claim 16, CAPORAL ‘481discloses the apparatus of claim 15, wherein the PHR is based on the reduction being based on the uplink/downlink configuration (see, new regime, configuration from the eNB, current load of cell, and power back-off report in relation to power reduction section 0106, 104). Regarding claim 17, CAPORAL ‘481discloses the apparatus of claim 16, wherein the PHR includes at least one bit indicating that the reduction is based on the uplink/downlink configuration PHR includes at least one bit indicating that the reduction is based on the uplink duty cycle (see, reserved bits of the power headroom in relation duty cycle, section 0101-0104, see, maxUplinkDutyCycle in relation to frequency range (FR2), Pcmax field section 0056, 0103). Regarding claim 18, CAPORAL ‘481discloses the apparatus of claim 12, wherein the modification to the maximum output power comprises a reduction to the maximum output power based on an uplink duty cycle (see, maximum uplink duty cycle values in relation to a power reduction level threshold, the UE reports to the network, section 0056-0059),, associated with the UE, satisfying an uplink duty cycle threshold (see, maxUplinkDutyCycle threshold, and complying with the MPE limit, section 0056-0057). Regarding claim 19, CAPORAL ‘481 discloses the apparatus of claim 18, wherein the uplink duty cycle is based on a percentage of uplink symbols transmitted in an evaluation period (see, the UE transmits its duty cycle to the gNB 120, number of uplink slot or symbols within a defined observation period, section 0096, see, threshold relating to duty cycle for twenty percent (20%), section 0095). Regarding claim 20, CAPORAL ‘481 discloses the apparatus of claim 18, wherein the one or more processors are further configured to: receive a capability message indicating the uplink duty cycle threshold (see, maximum uplink duty cycle values in relation to a power reduction level threshold, the UE reports to the network, section 0056-0059), wherein the uplink duty cycle threshold comprises a maxUplinkDutyCycle-PC2-FRI variable, a maxUplinkDutyCycle-PC2-FR2 variable (see, maxUplinkDutyCycle in relation to frequency range (FR2), Pcmaxfield section 0056, 0103), or a maxUplinkDutyCycle-PC1dot5 -FRI-r16 variable. Regarding claim 21, CAPORAL ‘481 discloses the apparatus of claim 18, wherein the PHR includes at least one bit (see, the UE sends indication of expected power reduction in a power back-off report (PBOR) where the report includes a bit in the field of the power headroom report, section 0102-0105) indicating that the reduction is based on the uplink duty cycle (see, maxUplinkDutyCycle in relation to frequency range (FR2), Pcmax field section 0056, 0103). Regarding claim 22, CAPORAL ‘481 discloses the apparatus of claim 12, wherein the PHR comprises a PHR medium access control (MAC) control element (MAC-CE) (see, power headroom report (PHR) that indicates a power reduction in MAC CE, section 0100-0102). Regarding claim 23 (Currently Amended), CAPORAL ‘481 discloses a method of wireless communication (fig.. 1, UE 110 which communicates with one or more base stations/gNB 120, section 0037-0041), performed by a user equipment (UE) (fig.. 1, UE 110 which communicates with one or more base stations/gNB 120, section 0037-0041), comprising: [[applying]] a modification to a maximum output power associated with the UE (see, the UE determines reduction to the maximum and sends a power headroom report (PHR), maximum power in relation output power reduction, section 0057-0059, 0100-0103); and transmitting a power headroom report (PHR) based on the modification to the maximum output power (see, the UE send s expected power reduction in PHR report, where the power reduction may comprise a power management maximum power reduction, section 0100-0103, noted: the output power is related to the maximum permissible exposure (MPE), section 0033, 0052-0053 0057, 0059) satisfying a change threshold (see, the UE determines a power back-off parameters and reports to the network, the UE limits the duty cycle to comply with MPE threshold, section 0056-0057). COPORAL ‘481 discloses all the claim limitations as set above but fails to explicitly disclose: apply a modification to a maximum output power of the UE; and transmit a power headroom report (PHR), after the application of the modification, based on the modification to the maximum output power satisfying a change threshold. However, Haim et al (US 2017/0223641 A1) from a similar field of endeavor discloses: apply a modification to a maximum output power of the UE (see, the WTRU reduces its maximum power based on maximum power reduction, the power headroom reports may be provided based on certain triggering events (path loss changes), section 0062-0063, (see, the WTRU is configured with P sub Max as maximum output power, section 0302-303); and transmit a power headroom report (PHR), after the application of the modification (see, the WTRU provides power headroom reports to the eNB to assist the eNB in making scheduling policies, section 0062-0063), based on the modification to the maximum output power satisfying a change threshold (see, changed threshold relating to P sub-CMAX, section 0186-0188, 0343, see, the WTRU is configured with P sub Max as maximum output power, section 0302-303). In view of the above, it 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 to modify the method and apparatus for determining reduction of power and sends it in a power headroom report of CAPORAL ‘481 with the method and device for reducing the maximum output power based on path loss changes as taught by Haim ‘641. The motivation would have been to provide power adjustment which is used by an eNB for scheduling. The combination of CAPORAL ‘481 and Haim ‘641 discloses all the claim limitations but fails to explicitly disclose: wherein the modification is accordance with a power class of the UE. However, Worrall et al (US 9,055,544 B2) from a similar field of endeavor discloses: wherein the modification is accordance with a power class of the UE (see, maximum power reduction in relation to the power class of the UE , fig. 3 to fig. 5, col. 2, line 52 to col. 4, line 33, col. 8, line 1 to col. 10, line 49, and scheduling based on received power headroom report (PHR) (co. 9, line 1 to col 10, line 49). In view of the above, it 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 to implement the maximum power reduction based on the power class of the UE as taught by Worrall ‘544 into the combined power headroom method and apparatus of CAPORAL ‘481 and Haim ‘641. The motivation would have been to provide uplink scheduling based on the power headroom report. Regarding claim 24 (Currently Amended), CAPORAL ‘481 as modified by Haim ‘641 discloses the method of claim 23, wherein applying the modification to the maximum output power comprises: determining a reduction to the maximum output power (see, the UE determines a power back-off parameters and reports to the network, the UE limits the duty cycle to comply with MPE threshold, section 0056-0057) based on an uplink duty cycle, associated with the UE (see, maxUplinkDutyCycle in relation to frequency range (FR2), Pcmax field section 0056, 0103), satisfying an uplink duty cycle threshold (see, maxUplinkDutyCycle threshold, and complying with the MPE limit, section 0056-0057). Regarding claim 25, CAPORAL ‘481 discloses the method of claim 24, wherein the uplink duty cycle is calculated as a percentage of uplink symbols transmitted in an evaluation period (see, the UE transmits its duty cycle to the gNB 120, number of uplink slot or symbols within a defined observation period, section 0096, see, threshold relating to duty cycle for twenty percent (20%), section 0095). Regarding claim 26, CAPORAL ‘481 discloses method of claim 24, wherein the uplink duty cycle threshold comprises a maxUplinkDutyCycle-PC2-FRI variable, a maxUplinkDutyCycle-PC2-FR2 variable (see, maxUplinkDutyCycle in relation to frequency range (FR2), Pcmax field section 0056, 0103), or a maxUplinkDutyCycle-PC1dot5-FRI-r16 variable. Regarding claim 27, CAPORAL ‘481 discloses the method of claim 24, wherein the PHR includes at least one bit indicating that the reduction is based on the uplink duty cycle (see, reserved bits of the power headroom in relation duty cycle, section 0101-0104). Regarding claim 28, CAPORAL ‘481 discloses the method of claim 23, wherein the PHR comprises a PHR medium access control (MAC) control element (MAC-CE) (see, power headroom report (PHR) that indicates a power reduction in MAC CE, section 0100-0102). Regarding claim 29 (Currently Amended), CAPORAL ‘481 discloses a method of wireless communication (see, the gNB sends power headroom request in relation to power reduction to the UE ,section 0103-0104) performed by a network entity (fig. 1, gNB 120 which communicates with the UE, fig. 2, the gNB is treated as an apparatus which comprises processor 202 coupled to a memory 204, section 0037-0050, noted: the gNB takes into account the reduced duty cycle associated with transmit power/power reduction in scheduling decisions, section 0092-0096), comprising: transmitting an uplink/downlink configuration for a cell serving a user equipment (UE) (see, the gNB may inform the UE of new regime that is requested to operate in duty cycle and output power, and the criteria that is used by the gNB may include cell load, load of neighboring cells, section 106-0107, noted: power headroom that is requested by the gNB, section 0103); and receiving a power headroom report (PHR) based on a modification to a maximum output power satisfying a change threshold (see, the UE send s expected power reduction in PHR report, where the power reduction may comprise a power management maximum power reduction, section 0100-0103, noted: the output power is related to the maximum permissible exposure (MPE), section 0033, 0052-0053 0057, 0059, see, the UE send s expected power reduction in PHR report, where the power reduction may comprise a power management maximum power reduction, section 0100-0103, noted: the output power is related to the maximum permissible exposure (MPE), section 0033, 0052-0053 0057, 0059, noted: the power headroom report that indicates the power reduction is implicitly relating to request from the gNB, section 0092-0092-0100). CAPORAL ‘481 discloses all the claim limitations as set forth above but fails to explicitly disclose: receiving a power headroom report (PHR) based on an application of a modification to a maximum output power of the UE satisfying a change threshold. However, Haim et al (US 2017/0223641 A1) from a similar field of endeavor discloses: CAPORAL ‘481 discloses all the claim limitations as set forth above but fails to explicitly disclose: receiving a power headroom report (PHR) based on an application of a modification to a maximum output power of the UE (see, the WTRU reduces its maximum power based on maximum power reduction, the power headroom reports may be provided based on certain triggering events (path loss changes), section 0062-0063) satisfying a change threshold (see, the WTRU reduces its maximum power based on maximum power reduction, the power headroom reports may be provided based on certain triggering events (path loss changes), section 0062-0063, (see, the WTRU is configured with P sub Max as maximum output power, section 0302-303). In view of the above, it 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 to modify the method and apparatus for determining reduction of power and sends it in a power headroom report of CAPORAL ‘481 with the method and device for reducing the maximum output power based on path loss changes as taught by Haim ‘641. The motivation would have been to provide power adjustment which is used by an eNB for scheduling. The combination of CAPORAL ‘481 and Haim ‘641 discloses all the claim limitations but fails to explicitly disclose: modification to a maximum output power, of the UE, in accordance with a power class of the UE. However, Worrall et al (US 9,055,544 B2) from a similar field of endeavor discloses: modification to a maximum output power (see, maximum power reduction in relation to the power class of the UE , fig. 3 to fig. 5, col. 2, line 52 to col. 4, line 33, col. 8, line 1 to col. 10, line 49, of the UE, in accordance with a power class of the UE (see, maximum power reduction in relation to the power class of the UE , fig. 3 to fig. 5, col. 2, line 52 to col. 4, line 33, col. 8, line 1 to col. 10, line 49, and scheduling based on received power headroom report (PHR) (co. 9, line 1 to col 10, line 49). In view of the above, it 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 to implement the maximum power reduction based on the power class of the UE as taught by Worrall ‘544 into the combined power headroom method and apparatus of CAPORAL ‘481 and Haim ‘641. The motivation would have been to provide uplink scheduling based on the power headroom report. Regarding claim 30, CAPORAL ‘481 discloses the method of claim 29, wherein the modification to the maximum output power comprises a reduction to the maximum output power based on an uplink duty cycle (see, the UE determines a power back-off parameters and reports to the network, the UE limits the duty cycle to comply with MPE threshold, section 0056-0057), associated with the UE, satisfying an uplink duty cycle threshold (see, maxUplinkDutyCycle threshold, and complying with the MPE limit, section 0056-0057). Claims 14, 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over CAPORAL et al (US 2022/0264481 A1) in view Haim et al (US 2017/0223641 A1) and further in view of Worrall et al (US 9,055,544 B2) as applied to claim 12, 23 and further in view of JANG et al (US 2021/0144653 A1). The combination of CAPORAL ‘481 Haim ‘641, and Worrall ‘544 discloses all the claim limitations but fails to explicitly disclose: Regarding claim 14 (Currently Amended), the apparatus of claim 12, wherein the one or more processors are further configured to: transmit a radio resource control (RRC) message including a Phr-Tx-PowerFactorChange variable, wherein the change threshold comprises the Phr-Tx-PowerFactorChange variable. Regarding claim 31 (New), the apparatus of claim 3, wherein the one or more processors are further configured to: receive a radio resource control (RRC) message including the Phr-Tx- PowerFactorChange variable. Regarding claim 32 (New), the method of claim 23, further comprising: receiving a radio resource control (RRC) message including the change threshold wherein the change threshold comprises a Phr-Tx-PowerFactorChange variable. JANG ‘653 from a similar field of endeavor (see, method and apparatus for supporting power backoff report in power headroom report, section 0008-0011, 0053-0054) discloses: Regarding claim 14, the apparatus of claim 13, wherein the one or more processors are further configured to: transmit a radio resource control (RRC) message (see, RRC message in which the base station configures phr-Tx-PowerFactorChangePbitvalue, configured values are transmitted to the UE, section 0078, 0082-0083, 0097, 0106-0111) including a Phr-Tx-PowerFactorChange variable (see, power headroom configuration that includes a threshold, section 0008-0011, see, phr-Tx-PowerFactorChange, section 0120-0123) , wherein the change threshold comprises the Phr-Tx-PowerFactorChange variable (see, RRC message in which the base station configures phr-Tx-PowerFactorChangePbitvalue, configured values are transmitted to the UE, section 0078, 0082-0083, 0097, 0106-0111). In view of the above, it 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 to modify the combined method and apparatus for determining reduction of power and sends it in a power headroom report of CAPORAL ‘481, Haim ‘641 and Worrall ‘544 with the method and apparatus for supporting power backoff report in a power headroom report that indicates maximum power value as taught by JANG ‘653. The motivation would have been to provide adjustment of power headroom report (section 0007). Regarding claim 31 (New), the apparatus of claim 3, wherein the one or more processors are further configured to: receive a radio resource control (RRC) message (see, RRC message in which the base station configures phr-Tx-PowerFactorChangePbitvalue, configured values are transmitted to the UE, section 0078, 0082-0083, 0097, 0106-0111) including the Phr-Tx- PowerFactorChange variable (see, power headroom configuration that includes a threshold, section 0008-0011, see, phr-Tx-PowerFactorChange, section 0120-0123). Regarding claim 32 (New), the method of claim 23, further comprising: receiving a radio resource control (RRC) message (see, RRC message in which the base station configures phr-Tx-PowerFactorChangePbitvalue, configured values are transmitted to the UE, section 0078, 0082-0083, 0097, 0106-0111). including the change threshold (see, power headroom configuration that includes a threshold, section 0008-0011, see, phr-Tx-PowerFactorChange, section 0120-0123) wherein the change threshold comprises a Phr-Tx-PowerFactorChange variable (see, RRC message in which the base station configures phr-Tx-PowerFactorChangePbitvalue, configured values are transmitted to the UE, section 0078, 0082-0083, 0097, 0106-0111). In view of the above, it 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 to modify the combined method and apparatus for determining reduction of power and sends it in a power headroom report of CAPORAL ‘481, Haim ‘641 and Worrall ‘544 with the method and apparatus for supporting power backoff report in a power headroom report that indicates maximum power value as taught by JANG ‘653. The motivation would have been to provide adjustment of power headroom report (section 0007). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CANDAL ELPENORD whose telephone number is (571)270-3123. The examiner can normally be reached 9 am -6 pm M-F. 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, Kwang B Yao can be reached at 571 272-3182. 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. /CANDAL ELPENORD/Primary Examiner, Art Unit 2473
Read full office action

Prosecution Timeline

Feb 22, 2022
Application Filed
May 02, 2024
Non-Final Rejection — §103
Jul 02, 2024
Interview Requested
Jul 16, 2024
Applicant Interview (Telephonic)
Jul 18, 2024
Examiner Interview Summary
Aug 06, 2024
Response Filed
Oct 05, 2024
Final Rejection — §103
Oct 16, 2024
Interview Requested
Nov 13, 2024
Applicant Interview (Telephonic)
Nov 15, 2024
Examiner Interview Summary
Dec 05, 2024
Response after Non-Final Action
Dec 13, 2024
Examiner Interview (Telephonic)
Dec 14, 2024
Response after Non-Final Action
Dec 26, 2024
Request for Continued Examination
Jan 10, 2025
Response after Non-Final Action
Feb 19, 2025
Non-Final Rejection — §103
Apr 02, 2025
Response Filed
Jun 16, 2025
Examiner Interview (Telephonic)
Jun 23, 2025
Final Rejection — §103
Jul 21, 2025
Interview Requested
Aug 06, 2025
Applicant Interview (Telephonic)
Aug 09, 2025
Examiner Interview Summary
Aug 22, 2025
Response after Non-Final Action
Sep 24, 2025
Request for Continued Examination
Oct 05, 2025
Response after Non-Final Action
Oct 25, 2025
Non-Final Rejection — §103
Dec 03, 2025
Interview Requested
Jan 26, 2026
Response Filed
Apr 07, 2026
Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12598608
SYSTEMS AND METHODS OF PUSCH TRANSMISSION IN SINGLE DCI BASED MULTI-TRP OPERATION
2y 5m to grant Granted Apr 07, 2026
Patent 12598633
ANTI-INTERFERENCE METHOD AND APPARATUS FOR DSS, AND ELECTRONIC DEVICE AND STORAGE MEDIUM
2y 5m to grant Granted Apr 07, 2026
Patent 12588018
METHODS AND APPARATUSES FOR SOLICITING TRIGGER-BASED PHYSICAL LAYER PROTOCOL DATA UNIT TRANSMISSION IN WIRELESS LOCAL AREA NETWORK
2y 5m to grant Granted Mar 24, 2026
Patent 12581479
INSERTING BEAM SWITCHING GAPS BETWEEN BEAM TRANSMISSIONS
2y 5m to grant Granted Mar 17, 2026
Patent 12581548
TDLS DISCOVERY PROCESS FOR EMLSR OPERATION
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

7-8
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+12.4%)
2y 8m
Median Time to Grant
High
PTA Risk
Based on 1082 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month