Prosecution Insights
Last updated: April 19, 2026
Application No. 17/920,614

METHODS, DEVICES AND COMPUTER STORAGE MEDIA FOR COMMUNICATION

Non-Final OA §103
Filed
Oct 21, 2022
Examiner
CHOI, WON JUN
Art Unit
2411
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
3 (Non-Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
3y 8m
To Grant
80%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
24 granted / 33 resolved
+14.7% vs TC avg
Moderate +7% lift
Without
With
+6.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
43 currently pending
Career history
76
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
54.5%
+14.5% vs TC avg
§102
22.7%
-17.3% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 33 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/15/2026 has been entered. Response to Amendment This communication is considered fully responsive to the amendment filed on 01/15/2026. Claims 33, 35, and 37 have been amended. Response to Arguments Applicant’s arguments with respect to claim 33 filed on 01/15/2026 have been fully considered and are not persuasive and the arguments on the amended feature has been addressed in the instant Office Action with previously identified prior art by mapping the relevant teachings for more clarification thereof that read on said added feature are moot. The arguments assert that For example, Applicant respectfully submits the cited references do not teach or suggest "wherein ... a same number of PDCCH monitoring occasions within a slot of the first search space set and a slot of the second search space set, and wherein the same number of PDCCH monitoring occasions within the slot of the first search space set and the slot of the second search space set is indicated by bits of second configuration information respectively corresponding to symbols within the slot of the first search space set and the slot of the second search space set," as claimed. … However, Frenne does not teach or suggest second configuration information that indicates "the same number of PDCCH monitoring occasions within the slot of the first search space set and the slot of the second search space set." Therefore, Frenne does not teach or suggest these features. … Instead, Chen is cited at paragraph [0047] as allegedly disclosing these features. The Office Action indicates an initial OFDM symbol is being interpreted as disclosing "PDCCH monitoring occasions within a slot." Applicant respectfully disagrees. Chen does not teach or suggest that the number of initial OFDM symbols is indicated by bits of second configuration information respectively corresponding to symbols within a slot. Therefore, Chen does not teach or suggest the features that are not disclosed by Frenne. (Applicant’s arguments filed 01/15/2026, pages 7-8) The Examiner respectfully disagree. In the 3GPP NR standard (e.g., Rel-16), the field monitoringSymbolsWithinSlot is defined as a BIT STRING (SIZE (14)). By definition, each bit in this string corresponds to an OFDM symbol within a slot. See para para [0010-0011] of Frenne; The IE SearchSpace defines how and where to search for PDCCH candidates in the time dimension, e.g., periodicity. Each search space is associated with one ControlResourceSet….. monitoringSymbolsWithinSlot BIT STRING (SIZE (14). See para [0108-0111] of Frenne: “Here 3GPP Rel.16 is assumed (“r16” is added to the name of the IE). A RepetitionSetList is introduced (compared to the legacy SearchSPace IE), used to create an association between candidates in the different search spaces according to some embodiments…. monitoringSymbolsWithinSlot BIT STRING (SIZE (14)).” While Frenne might not explicitly discloses the “wherein ... a same number of PDCCH monitoring occasions within a slot of the first search space set and a slot of the second search space set,” Chen discloses that, in paragraphs [0055-0058] of Chen, “That is, the terminal device may detect the same DCI in the plurality of search spaces… the terminal device may detect the same DCI in the plurality of search spaces. Optionally, in an embodiment of the present disclosure, the plurality of search spaces includes at least one same parameter of: a monitoring periodicity, a time slot offset, a duration, a number of PDCCH candidates (interpreted as “a same periodicity, a same offset, a same duration and, a same number of PDCCH monitoring occasions”), a search space type, and an aggregation level. That is, the terminal device may detect the DCI in the plurality of search spaces based on one or more of the monitoring periodicity, the time slot offset, the duration, the number of PDCCH candidates, the search space type, and the aggregation level. For example, provided that the plurality of search spaces include a first search space (interpreted as “first search space set”) and a second search space (interpreted as “second search space set”), the first search space and the second search space may be configured with the same monitoring period, duration, aggregation level and search space type.” Chen discloses that, in para [0064] of Chen, “For another example, provided that the plurality of search spaces include a first search space and a second search space, the starting time slot of the second search space=the starting time slot of the first search space+1, and the first search space and the second search space have the same time slot offset configuration, so that the time slots of the first search space and the second search space are continuous (interpreted as “the first search space set and the second search space set are configured with … within a slot of the first search space set and a slot of the second search space set”). Chen further teaches that, in para [0061] of Chen, “For example, provided that the plurality of search spaces include a first search space and a second search space, the time slot offset configurations (offsets) of the first search space and the second search space are the same, and the initial OFDM symbol configuration (interpreted as “second configuration information”) indicates two adjacent OFDM symbols, as shown in FIG. 8, or may also indicate other two non-adjacent OFDM symbols in the same time slot (interpreted as “configuration information respectively corresponding to symbols within the slot of the first search space set and the slot of the second search space set”).” Therefore, the combination of Frenne (the signaling structure monitoringSymbolsWithinSlot is interpreted as “bits of second configuration information respectively corresponding to symbols within the slot: ”) and Chen (the initial OFDM symbol configuration indicating two adjacent OFDM symbols or may also indicate other two non-adjacent OFDM symbols in the same time slot is interpreted as “a same number of PDCCH monitoring occasions within a slot of the first search space set and a slot of the second search space set”) renders the claimed feature obvious. The use of “bits” to represent these symbols is an inherent characteristic of the SearchSpace IE (see paragraphs [0009 and 0108-0109] of Frenne) and represent a straightforward implementation of kwon wireless communication protocols. Therefore Applicant’s arguments on these points are not persuasive. 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 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) 33-38 rejected under 35 U.S.C. 103 as being unpatentable over Frenne et al. (U.S. Patent Application Publication No. 2022/0038207, hereinafter “Frenne”) in view of Chen (U.S. Patent Application Publication No. 2022/0053468, hereinafter “Chen”). Examiner’s note: in what follows, references are drawn to Frenne unless otherwise mentioned. With respect to independent claims: Regarding Claim 33, A method performed by a terminal device (Figs. 2 & 3; a wireless device (WD) 22), comprising: receiving, from a network device(Fig. 2; network nodes 16), first configuration information indicating a first physical downlink control channel (PDCCH) candidate and a second PDCCH candidate linked to PDCCH repetition (Para [0009]; The information element (IE) ControlResourceSet is used to configure a time/frequency control resource set (CORESET), which is necessary for the WD to be able to search for downlink control information. …. To be able to perform the search of control information, the SearchSpace IE (interpreted as “first configuration information indicating …”) must also be configured, which contains the time domain information, e.g., for which symbols the WD shall attempt to decode a control channel and with which periodicity.)(Para [0092]; The WD 22 is configured by higher layer signaling such as radio resource control (RRC) signaling (interpreted as “receiving, from a network device, first configuration information indicating …”), to monitor at least one “repetition set of a PDCCH candidate” where the PDCCH candidates (interpreted as “a first physical downlink control channel (PDCCH) candidate and a second PDCCH candidate linked to PDCCH repetition”) are located in the search spaces of one or multiple control resource sets (CORESETs). Higher layer signaling indicates from the network to the WD 22 that the WD 22 may combine the multiple PDCCHs in a repetition set in order to improve the reception of that PDCCH candidate.), wherein the first PDCCH candidate corresponds to a first search space set associated with a first control resource set (CORESET), and the second PDCCH candidate corresponds to a second search space set associated with a second CORESET (Para [0092]; … at least one “repetition set of a PDCCH candidate” where the PDCCH candidates (interpreted as “first PDCCH candidate” and “second PDCCH candidate”) are located in the search spaces of one or multiple control resource sets (CORESETs)), (The missing/crossed out limitations will be discussed in view of Chen.) wherein the same number of PDCCH monitoring occasions within the slot of the first search space set and the slot of the second search space set is indicated by bits of (para [0010-0011]: The IE SearchSpace defines how and where to search for PDCCH candidates in the time dimension, e.g., periodicity. Each search space is associated with one ControlResourceSet….. monitoringSymbolsWithinSlot)(para [0108-0111]: Here 3GPP Rel.16 is assumed (“r16” is added to the name of the IE). A RepetitionSetList is introduced (compared to the legacy SearchSPace IE), used to create an association between candidates in the different search spaces according to some embodiments…. monitoringSymbolsWithinSlot BIT STRING (SIZE (14)).); Examiner’s note: Applicants asserted that the parameter “monitoringSymbolsWithinSlot” in IE SearchSpace is corresponding to the claimed feature “number of occasions within a slot”. In Applicant’s Argument responded to the JPO’s Notification of Reasons for Refusal dated March 12, 2024 (Submitted as IDS in this application), Applicants stated: PNG media_image1.png 326 752 media_image1.png Greyscale PNG media_image2.png 242 752 media_image2.png Greyscale (Pages 2-3, Applicant’s Response dated 07/11/2024 in Japanese Patent Application No. 2022-564594) [English translation] “(2) Regarding "same number of PDCCH monitoring occasions within a slot" and "second setting" Paragraph 0046 states that "the higher layer parameter monitoringSymbolsWithinSlot in IE SearchSpace defines the first symbol for PDCCH monitoring within a slot that is set for PDCCH monitoring (see parameters monitoringSlotPeriodicityAndOffset and duration)." (underlines added), and paragraph 0049 states that "in some embodiments, for PDCCH repetitions, , at least one of the following parameters/settings may be the same: PDCCH format, control channel element (CCE) aggregation level value, RNTI value, CCE to resource element group (REG) mapping type, precoder granularity, period in CORESET, period in search space, (above) frequencyDomainResources, (above) monitoringSlotPeriodicityAndOffset, (above) monitoringSymbolsWithinSlot. (Underlines added) Here, according to paragraph 0049, it can be read that "for PDCCH repetitions, monitoringSymbolsWithinSlot may be the same." Also, according to paragraph 0046, it can be read that "monitoringSymbolsWithinSlot defines the first symbol for PDCCH monitoring in a slot configured for PDCCH monitoring." For PDCCH repetitions, if monitoringSymbolsWithinSlot is the same, it is clear that the number of PDCCH monitoring occasions is the same. Therefore, by combining these statements, we can conclude that "for PDCCH repetitions, the number of PDCCH monitoring occasions may be the same." Here, from the above, we can see that the "second setting" is monitoringSymbolsWithinSlot. This confirms that the "second setting" is described in the detailed description of the invention of this application.” (English Translation of the Applicant’s Argument dated 07/11/2024, translated by Google Machine Translation) ; and detecting the first PDCCH candidate and the second PDCCH candidate for a downlink control information (DCI) (para [0092]; The WD 22 is configured by higher layer signaling such as radio resource control (RRC) signaling, to monitor at least one “repetition set of a PDCCH candidate” where the PDCCH candidates are located in the search spaces of one or multiple control resource sets (CORESETs))(para [0093]; Hence, a PDCCH candidate defined with a repetition set may comprise multiple PDCCHs where each PDCCH contain same information and may in some embodiments indeed contain the same exact downlink control information (DCI) payload.). It is noted that while disclosing the Wireless Device may be configured with multiple search spaces where there is a repetition association between different search spaces (see para [0101] of Frenne), Frenne does not specifically teach about the “the first search space set and the second search space set are configured with a same periodicity, a same offset, a same duration and, a same number of PDCCH monitoring occasions within a slot of the first search space set and a slot of the second search space set” and “configuration information respectively corresponding to symbols within the slot of the first search space set and the slot of the second search space set” as recited in claim 33. It, however, had been known in the art before the effective date of the instant application as shown by Chen as follows; . “the first search space set and the second search space set are configured with a same periodicity, a same offset, a same duration and, a same number of PDCCH monitoring occasions within a slot of the first search space set and a slot of the second search space set, (para [0047] of Chen: The CORESET is configured to determine a size of a frequency domain resource (such as the number of occupied physical resource blocks (PRB)) and a size of a time domain resource (such as the number of occupied orthogonal frequency division multiplexing (OFDM) symbols) of the PDCCH in a time slot, and includes a starting position of the frequency domain resource, a length of the frequency domain resource, a length of the time domain resource and the like. The search space is configured to determine a time domain resource location of the PDCCH, and includes a starting location and a monitoring periodicity of the time domain resource. According to the configuration of one COSRESET and one search space, the terminal device may determine the physical resource location for detecting the PDCCH.) (paragraphs [0055-0058] of Chen; That is, the terminal device may detect the same DCI in the plurality of search spaces… the terminal device may detect the same DCI in the plurality of search spaces. Optionally, in an embodiment of the present disclosure, the plurality of search spaces includes at least one same parameter of: a monitoring periodicity, a time slot offset, a duration, a number of PDCCH candidates (interpreted as “a same periodicity, a same offset, a same duration and, a same number of PDCCH monitoring occasions”), a search space type, and an aggregation level. That is, the terminal device may detect the DCI in the plurality of search spaces based on one or more of the monitoring periodicity, the time slot offset, the duration, the number of PDCCH candidates, the search space type, and the aggregation level. For example, provided that the plurality of search spaces include a first search space (interpreted as “first search space set”) and a second search space (interpreted as “second search space set”), the first search space and the second search space may be configured with the same monitoring period, duration, aggregation level and search space type.) (Fig. 8 and para [0061] of Chen: the plurality of search spaces include a first search space and a second search space, the time slot offset configurations (offsets) of the first search space and the second search space are the same, and the initial OFDM symbol configuration indicates two adjacent OFDM symbols, as shown in FIG. 8, or may also indicate other two non-adjacent OFDM symbols (interpreted as “configuration information respectively corresponding to symbols within the slot of the first search space set and the slot of the second search space set”) in the same time slot.) (para [0064] of Chen: For another example, provided that the plurality of search spaces include a first search space and a second search space, the starting time slot of the second search space=the starting time slot of the first search space+1, and the first search space and the second search space have the same time slot offset configuration, so that the time slots of the first search space and the second search space are continuous (interpreted as “the first search space set and the second search space set are configured with … within a slot of the first search space set and a slot of the second search space set”). The combination of Frenne (the signaling structure monitoringSymbolsWithinSlot is interpreted as “bits of second configuration information respectively corresponding to symbols within the slot: ”) and Chen (the initial OFDM symbol configuration indicating two adjacent OFDM symbols or may also indicate other two non-adjacent OFDM symbols is interpreted as “configuration information respectively corresponding to symbols within the slot of the first search space set and the slot of the second search space set”) renders the claimed feature obvious. The use of “bits” to represent these symbols is an inherent characteristic of the SearchSpace IE (see paragraphs [0009 and 0108-0109] of Frenne) and represent a straightforward implementation of kwon wireless communication protocols. Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Frenne's method by using the features of Chen to monitor PDCCH repetition in the plurality of Search Spaces including same parameters for the configuration in order to improve the reliability of PDCCH transmission. Regarding claim 35, it is a terminal device claim corresponding to the method claim 33, except limitations “at least one memory having program instructions stored therein; and at least one processor configured to execute the program instructions to” (See para [0068]; The processing circuitry 42 may include a processor 44 and memory 46. In particular, in addition to or instead of a processor, such as a central processing unit, and memory, the processing circuitry 42 may comprise integrated circuitry for processing and/or control, e.g., one or more processors and/or processor cores and/or FPGAs (Field Programmable Gate Array) and/or ASICs (Application Specific Integrated Circuitry) adapted to execute instructions) and is therefore rejected for the similar reasons set forth in the rejection of claim 33. Regarding claim 37, it is a method claim, performed by a network device, corresponding to the method claim 33, except limitations “a network device” (See Fig. 3, network node 16) and is therefore rejected for the similar reasons set forth in the rejection of claim 33. With respect to dependent claims: Regarding Claim 34, Frenne and Chen teach The method of claim 33, Frenne further teaches wherein the first CORESET is associated with a first transmission configuration indication (TCI) state and the second CORESET is associated with a second TCI state (Para [0098]; each CORESET is in turn associated with an independently configured TCI state). Regarding Claims 36 and 38, Claims 36 and 38, have similar limitation as of Claim(s) 34, therefore it is rejected under the same reasons as Claim(s) 34. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WON JUN CHOI whose telephone number is (703)756-1695. The examiner can normally be reached MON-FRI 08:00 - 17:00. 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, Derrick W Ferris can be reached at 571-272-3123. 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. /WON JUN CHOI/Examiner, Art Unit 2411 /DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
Read full office action

Prosecution Timeline

Oct 21, 2022
Application Filed
Apr 10, 2023
Response after Non-Final Action
Apr 03, 2025
Non-Final Rejection — §103
Jul 08, 2025
Response Filed
Sep 10, 2025
Final Rejection — §103
Jan 13, 2026
Examiner Interview Summary
Jan 13, 2026
Applicant Interview (Telephonic)
Jan 15, 2026
Request for Continued Examination
Jan 24, 2026
Response after Non-Final Action
Mar 02, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
80%
With Interview (+6.9%)
3y 8m
Median Time to Grant
High
PTA Risk
Based on 33 resolved cases by this examiner. Grant probability derived from career allow rate.

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