Prosecution Insights
Last updated: July 17, 2026
Application No. 17/843,779

COMMUNICATION SYSTEM

Final Rejection §103
Filed
Jun 17, 2022
Priority
Dec 19, 2019 — EU 19218278.0 +1 more
Examiner
AHMED, ATIQUE
Art Unit
2413
Tech Center
2400 — Computer Networks
Assignee
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
OA Round
4 (Final)
81%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
381 granted / 472 resolved
+22.7% vs TC avg
Strong +15% interview lift
Without
With
+15.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
21 currently pending
Career history
505
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
79.8%
+39.8% vs TC avg
§102
4.8%
-35.2% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 472 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 2. Applicant’s argument, filed on 03/31/2026 regarding rejection of claims 16-32, 34-35 have been fully considered but they are not persuasive. Claims 1-15, and 33 are cancelled. Applicant states in scan page 1, “In particular, none of the cited references discloses or suggests a second resource portion comprising a dynamic starting point representing an earliest starting point, wherein the transmitter prepares a transmission for the dynamic starting point and starts a transmission as a response to an event. “ The Examiner respectfully disagrees and submits that prior art Guo et al. [US 20220150882 A1] discloses in para [0124] According to the dynamic grants, the starting position of the transmission of the PDSCH 1 is earlier than the position of T3+X before the starting position of the transmission of the PDSCH 2. (Here the position of T3+X before the starting position of the transmission of the PDSCH 2 (with a higher priority) is denoted as a point G, and the starting position of the second transmission by E symbols i.e., PDSCH 2 transmitted using E symbols, i.e. assigned second resources and starting position or PDSCH 2 is after T3+X (Fig. 2a, Fig. 2c) And in para [0128] When the UE receives the PDSCH 2 correctly, it is because that after the configured grant is activated, i.e., an event, the PDSCH 2 may be transmitted using the resource corresponding to the configured grant i.e., Guo discloses PDSCH 2 may be transmitted using the resource corresponding to the configured grant, in assigned second resources and starting position or PDSCH 2 is after T3+X (Fig. 2a, Fig. 2c) The Applicant also states in scanned page 2, “In result, Gou does not disclose that a transmitter prepares a transmission for an earlier starting time and subsequently waits for an event to trigger the transmission.” The Examiner respectfully disagrees and submits that Guo also discloses in para [0047] The grant mode of the first transmission may be a dynamic grant or a configured grant. The grant mode of the second transmission may be a dynamic grant or a configured grant. In one embodiment, in the case where the first transmission and the second transmission are each provided with a dynamic grant, i.e., transmitter prepares for PDSCH 1 and PDSCH 2 transmission; the dynamic grant of the first transmission is prior to the dynamic grant of the second transmission. In the case where the first transmission and the second transmission are each provided with a configured grant i.e., prepares for transmission, the determined transmission time of the first transmission is earlier than the determined transmission time of the second transmission. And also in para [0050] Fig. 1, When the first transmission overlaps the second transmission in the time domain, the sending end firstly may determine the sequence relationship between the starting position of the first transmission and the point G in the time domain. The point G is a time point of first preset time before the starting position of the second transmission. In para [0104] The data preparation here may be regarded as a preparation in the mode of symbol-by-symbol pipelining. That is, a symbol is sent after being prepared. Meanwhile, the next symbol is prepared. For example, in FIG. 2(c), after the dynamic grant of the second transmission is received, the data of the second transmission is started to be prepared. i.e., prepare second transmission, Therefore Guo discloses wherein said dynamic starting point represents the earliest starting in the second resource portion; wherein the transmitter prepares the transmission of the second data portion in and starts the transmission and/or the receipt as a response to an event.” The Applicant also discloses in scanned page “Consequently, the person skilled in the art combining the teaching of Gou, Guan, and Wang would not arrive at the claimed subject-matter because none of the teachings describe the definition of an earliest starting point so that a transceiver can prepare the transmission and wait up to an event so as to start the transmission.” Prior art Guo discloses in para 0116] In the first exemplary embodiment, the grant mode of the first transmission is a dynamic grant. The grant mode of the second transmission is a dynamic grant. The first transmission and the second transmission are each a downlink transmission. The priority of the first transmission is lower than the priority of the second transmission. For example, the first transmission corresponds to a PDSCH 1. The second transmission corresponds to a PDSCH 2. And in para [0117]the dynamic grants, the starting position of the transmission of the PDSCH 1 is later than or equal to the position of T3+X before the starting position of the transmission of the PDSCH 2. Wang discloses in paras [0008] one subframe or one slot for a UE may include a plurality of PDSCHs or PUSCHs, and the HARQ-ACK feedback of the PDSCH or the PUSCH may be based on TB or based on CBG (code block group). And [0009] he base station may dynamically indicate an active BWP through dynamic signaling (e.g., DL grant or UL grant that schedules the downlink or uplink data) Wang also discloses in para [0068] the PDSCH or PUSCH with the earliest occurrence in the time domain in the reference slot as the reference data may comprise: if the reference slot is the first slot, taking the PDSCH or PUSCH with the earliest start point as the reference data. Guan discloses in para [0022] A start symbol in each time unit is independently configured, so that independent scheduling can be implemented, and dynamic scheduling and receiving are performed based on a current resource allocation status, to effectively improve resource utilization and resource scheduling flexibility. And in para [0029] he access network device may independently configure, for the terminal device, both a second start control symbol on which the second control information is received in the second time unit and the first start control symbol on which the first control information is received. The second start control symbol may be configured as a first symbol in the second time unit. 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 teachings of Guan with the teachings of Guo and Wang because Guo, Wang and Guan in same field of endeavor by disclosing subject matter as definition of an earliest starting point so that a transceiver can prepare the transmission . The Applicant states in scanned page 4 “The above discussion is mainly made in context of claim 16 defining the transmitter, but also applies to the non-obviousness of the subject-matter of claim 28 being directed to a receiver because, here, the same distinguishing features "dynamic starting point representing the earliest starting in the second resource portion" and "starting the receipt as a response to an event" are defined by claim 28.” Regarding claim 28, Guo discloses in para [0048] n the case of uplink transmissions, a UE starts to prepare the content of the first transmission after receiving the dynamic grant of the first transmission. It is assumed that at least the second preset time is required for the preparation. Then it is determined that the second transmission needs to be sent. The priority of the second transmission is higher than the priority of the first transmission. The UE also prepares the content of the second transmission. And prior art Wang discloses in para [0238] FIG. 21, the base station sends the DL DCI scheduling the PDSCH 1 in slot n1, where trigger A=0, it indicates that the HARQ_ACK feedback slot of the PDSCH 1 is time slot n1+offset_0, where offset_0=2. In the slot n2, the base station sends the DL DCI scheduling the PDSCH 2, wherein trigger A=1, it indicates that the HARQ_ACK feedback slot of PDSCH 1 is slot m2+offset_1, where offset_1=2; in slot n2, t Therefore combination of prior art Guo, Wang and Guan discloses a dynamic starting point representing the earliest starting in the second resource portion, starting the receipt as a response to an event. Claim Rejections - 35 USC § 103 3. 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) 16-22, 25-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gou et al. (US 20220150882 A1) hereinafter Guo and in view of Wang et al. (US 20210160919 A1) hereinafter Wang and further in view of Guan et al. (US 20190327756 A1)hereinafter Guan As to claim 16. Guo teaches Communication system, comprising: a resource controller; at least a transmitter configured to ([0208] Fig. 11, base station includes processor, bus, memory controller, communication interface.) transmit a second data portion to a receiver by use of a second resource portion comprising a dynamic staring point ([0113][0117] Fig. 4, base station transmits PDSCH2 to receiver in second ofdm symbol using dynamic grant including staring position) and being scheduled after a first resource portion by use of which a first data portion is transmitted within the communication network by the communication system; ([0113] [0124] Fig. 2a, Fig. 2b, Fig. 2c, PDSCH1 is transmitted to receiver earlier than PDSCH2 with dynamic grants in OFDM symbols 1 and 2) and at least the receiver; wherein the resource controller is configured to assign the second resource portion and the dynamic starting point; ([0113] [0117][0118] base station schedules dynamic grants in first symbol and second symbol) wherein the transmitter prepares the transmission of ([0104] base station prepare transmission position of the transmission with a higher priority and the transmission position of the transmission with a lower priority) the second data portion and/or the receiver prepares the receipt of the second data portion for the dynamic starting point in accordance to the assigned second resource portion and ([0113][0117] [0118] Fig. 2a, Fig. 2b, Fig. 2c , Fig. 4, receiver receives PDSCH 2 dynamic grant including staring position, in ofdm symbol 2, dynamic grant including staring position) Guo does not specifically teach the dynamic starting point and starts the transmission and/or the receipt as a response to an event. wherein said dynamic starting point represents the earliest starting in the second resource portion; Wang teaches the and/or the receipt as a response to an event. ([0237] [0238] Fig. 21, base station allocates dynamic HARQ codebook with DL DCI that acts as a trigger, the base station sends the DL DCI scheduling the PDSCH 2, wherein trigger A=1, then starts transmission and reception) 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 teachings of Wang with the teachings of Guo because Wang teaches that starting point of UL transmission would effectively reduce transmission collision between different nodes. (Wang [abstract]) The combination of Guo and Wang does not specifically teaches wherein said dynamic starting point represents the earliest starting in the second resource portion; Guan teaches wherein said dynamic starting point represents the earliest starting in the second resource portion([0229] dynamically scheduling, an LTE-PDCCH is bypassed in a first slot, and a first symbol in a second slot is used as a start control symbol on which an NR-PDCCH is received) 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 teachings of Guan with the teachings of Guo and Wang because Guan teaches that dynamically scheduling the terminal device in real time would improve resource utilization and resource scheduling flexibility, and further improve a resource scheduling mechanism. (Guan [0271]). Claims 25, 26, 28, 30 are interpreted and rejected for the same reasons as set forth in claim 1. As to claim 17. The combination of Guo, Wang and Guan specifically Wang teaches wherein the event comprises a signal provided by the resource controller. ([0238] Fig. 21, , the base station sends the DL DCI scheduling the PDSCH 1 in slot n1, where trigger A=0, it indicates that the HARQ_ACK feedback slot of the PDSCH 1 is time slot n1+offset_0) 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 teachings of Wang with the teachings of Guo and Guan because Wang teaches that starting point of UL transmission would effectively reduce transmission collision between different nodes. (Wang [abstract]) As to claim 18. The combination of Guo, Wang and Guan specifically Wang teaches, wherein the event comprises an ACK signal indicating the receipt of the first data portion. ([0238] Fig. 21, , the base station sends the DL DCI scheduling the PDSCH 1 in slot n1, where trigger A=0, it indicates that the HARQ_ACK feedback slot of the PDSCH 1 is time slot n1+offset_0, then, UE1 feeds back the HARQ_ACK of PDSCH 1 at the end of slot n3) 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 teachings of Wang with the teachings of Guo and Guan because Wang teaches that starting point of UL transmission would effectively reduce transmission collision between different nodes. (Wang [abstract]) As to claim 19. The combination of Guo, Wang and Guan specifically Wang teaches, wherein the transmitter and/or the receiver starts listening for the event beginning with the earliest starting point. ([0227] Sending, by the base station, DL control information including information indicating the set of UL slots available for the 25 LBT, wherein the information indicating the set of UL slots includes the start point position of the set and the length of the set.) 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 teachings of Wang with the teachings of Guo and Guan because Wang teaches that starting point of UL transmission would effectively reduce transmission collision between different nodes. (Wang [abstract]) As to claim 20. The combination of Guo, Wang and Guan specifically Guo teaches wherein the listening is performed for a previously configured duration. ([0110] n the case where the first transmission and the second transmission are each a downlink transmission, T1 and T3 may also be determined as T.sub.proc,1 defined in the NR. That is, T1 and T3 denote the first processing time T.sub.proc,1. T.sub.proc,1 specifies the minimum interval from the end where the UE receives a PDSCH to the starting position of a PUCCH of the corresponding hybrid automatic repeat request-acknowledgment (HARQ-ACK) information. ) As to claim 21. The combination of Guo, Wang and Guan specifically Guo teaches wherein the earliest starting point is received within a resource allocation message provided by the resource controller. ([0117] Fig. 4, a base station first transmits the dynamic grant of the PDSCH 1 and then transmits the dynamic grant of the PDSCH 2., the starting position of the transmission of the PDSCH 1 is later than or equal to the position of T3+X before the starting position of the transmission of the PDSCH 2) As to claim 22 The combination of Guo, Wang and Guan specifically Guo teaches wherein the ACK signal is transmitted using said first resource portions. ([0110] having received the PDSCH, the UE may start the PUCCH transmission of the HARQ-ACK corresponding to the PDSCH after passing at least T.sub.proc,1) As to claim 27 The combination of Guo, Wang and Guan specifically Guo teaches , wherein the transmitter is a transmitter of a user equipment, base station, gNB or eNB. ([0208][0211] Fig. 11, base station includes processor, bus, memory controller, communication interface, communication interface 42 may be configured to receive and send data.) As to claim 29. The combination of Guo, Wang and Guan specifically Guo teaches , wherein the receiver is a receiver of a user equipment, base station, gNB or eNB. . ([0208][0211] Fig. 11, base station includes processor, bus, memory controller, communication interface, communication interface 42 may be configured to receive and send data.) As to claim 31. Guo teaches Method for transmitting within a communication system, the communication system comprising a resource controller to ([0208] Fig. 11, base station includes processor, bus, memory controller, communication interface) which is configured to assign a second resource portion and a dynamic starting point, the method comprising: ([0113] [0117][0118] base station schedules dynamic grants in first symbol and second symbol) preparing the transmission for the dynamic starting point; ([0104]Fig. 2C, base station prepare transmission position of the transmission ;a symbol is sent after being prepared, meanwhile the next symbol is prepared, after dynamic grant of the second transmission is received, the data of the second transmission is started to be prepared, the data of the second transmission is started to be prepared) and transmitting a second data portion to a receiver by use of a second resource portion comprising the dynamic starting point ([0113][0117] Fig. 4, base station transmits PDSCH2 to receiver in second ofdm symbol using dynamic grant including staring position) and being scheduled after the first resource portion by use of which a first data portion is transmitted within the communication network used by the communication system. ([0113] [0124] Fig. 2a, Fig. 2b, Fig. 2c, PDSCH1 is transmitted to receiver earlier than PDSCH2 with dynamic grants in OFDM symbols 1 and 2) Guo does not teach starting the transmission as a response to an event; wherein said dynamic starting point represents the earliest starting in the second resource portion Wang teaches starting the transmission as a response to an event; ([0237] [0238] Fig. 21, base station allocates dynamic HARQ codebook with DL DCI that acts as a trigger, the base station sends the DL DCI scheduling the PDSCH 2, wherein trigger A=1, then starts transmission and reception) 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 teachings of Wang with the teachings of Guo because Wang teaches that starting point of UL transmission would effectively reduce transmission collision between different nodes. (Wang [abstract]) Guan teaches wherein said dynamic starting point represents the earliest starting in the second resource portion([0229] dynamically scheduling, an LTE-PDCCH is bypassed in a first slot, and a first symbol in a second slot is used as a start control symbol on which an NR-PDCCH is received) 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 teachings of Guan with the teachings of Guo and Wang because Guan teaches that dynamically scheduling the terminal device in real time would improve resource utilization and resource scheduling flexibility, and further improve a resource scheduling mechanism. (Guan [0271]). Claim 32 are interpreted and rejected for the same reasons as set forth in claim 31. Claim(s) 34, 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gou Wang, Guan and further in view of Kim et al. (US 20210360610 A1) hereinafter Kim As to claim 34. The combination of Guo, Wang and Guan does not teach wherein the resource controller is configured to define the earliest starting point in the second resource portion for the transmission or reception of the second data portion during assigning the second resource portion. Kim teaches wherein the resource controller is configured to define the earliest starting point in the second resource portion for the transmission or reception of the second data portion during assigning the second resource portion. ;([0107] [0108] [0109]Fig. 6, transmission instance of a UL data channel starts in a second FL symbol in a dynamic TDD system; hen the terminal knows the number L of consecutive FL symbols from the format of the slot, the terminal may transmit the UL data channel in a symbol after (L/2) FL symbols or no more than (L/2) (e.g., floor (L/2) (i.e., └L/2┘)) FL symbols from the first FL symbol of the L FL symbols) 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 teachings of Kim with the teachings of Guo, Wang and Guan because Kim teaches that repeatedly transmitting the UL data channel to maximize reliability and minimize latency while repeatedly transmitting the UL data channel.(Kim [0108]) As to claim 35 The combination of Guo, Wang and Guan does not teach wherein the transmitter prepares the transmission or the receiver prepares the receipt before the event and/or in view of the dynamic starting point; and/or wherein the transmitter waits with a prepared transmission for the event Kim teaches wherein the transmitter prepares the transmission or the receiver prepares the receipt before the event and/or in view of the dynamic starting point; and/or wherein the transmitter waits with a prepared transmission for the event.([0594] Fig. 41, When the terminal finishes demodulating the DL control channel #2, it may take time to prepare for transmitting the UL data channel #1 according to the implementation of the terminal, the operation of transmitting the UL data channel #1 may not be started. In this case, the terminal may transmit only the UL data channel #2 without transmitting the entire UL data channel #1. ) 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 teachings of Kim with the teachings of Guo, Wang and Guan because Kim teaches that repeatedly transmitting the UL data channel to maximize reliability and minimize latency while repeatedly transmitting the UL data channel.(Kim [0108]) Claim(s) 23, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gou Wang, Guan and further in view of Yang et al. (US 20180352573 A1) hereinafter Yang As to claim 23. The combination of Guo, Wang and Guan does not teach , wherein the event comprises a signal power being below a predetermined threshold and/or being below a predetermined threshold for a predetermined time period. Yang teaches wherein the event comprises a signal power being below a predetermined threshold and/or being below a predetermined threshold for a predetermined time period. ([0412] base station can sense a measurement to trigger the adjustment of the LBT mechanism or LBT parameter set, measurement may include: Channel State Information (CSI) within a predetermined time length, a Reference Signal Received Power (RSRP) within a predetermined time length, a Reference Signal Received Quality (RSRQ) within a predetermined time length, Hybrid Automatic Repeat reQuest - Acknowledge (HARQ-ACK) information, or information on a measured interference.) 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 teachings of Yang with the teachings of Guo, Wang and Guan because Yang teaches that having predetermined power level to trigger would allow to reduce the probability of channel access, so as to give more opportunities for other devices to access the channel, thereby ensuring the fairness. (Yang [0411]) As to claim 24. The combination of Guo, Wang, Guan and Yang specifically Guo teaches wherein the second data portion is directly transmitted after the first data portion or directly transmitted after a guard period for the first data portion. ([0052] Fig. 2b, PDSCH 2 transmitted after PDSCH 1) Conclusion 5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KIM; Seonwook et al. [US 20190159191 A1] METHOD FOR TRANSMITTING/RECEIVING UPLINK SIGNAL BETWEEN BASE STATION AND TERMINAL IN WIRELESS COMMUNICATION SYSTEM, AND DEVICE FOR SUPPORTING SAME JUNGNICKEL; Volker et al. [US 20210195632 A1] COMMUNICATION TECHNIQUES THIS ACTION IS MADE FINAL. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ATIQUE AHMED whose telephone number is (571)272-6244. The examiner can normally be reached 9:30 - 7:30 PM M-F Eastern. 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, Un Cho can be reached on 5712727919. 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. /ATIQUE AHMED/Primary Examiner, Art Unit 2413
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Prosecution Timeline

Show 1 earlier event
Sep 12, 2024
Non-Final Rejection mailed — §103
Feb 19, 2025
Response Filed
Mar 03, 2025
Final Rejection mailed — §103
Aug 04, 2025
Request for Continued Examination
Aug 06, 2025
Response after Non-Final Action
Nov 10, 2025
Non-Final Rejection mailed — §103
Mar 31, 2026
Response Filed
Jun 09, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
81%
Grant Probability
96%
With Interview (+15.1%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 472 resolved cases by this examiner. Grant probability derived from career allowance rate.

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