Prosecution Insights
Last updated: July 17, 2026
Application No. 17/957,585

SYSTEM, METHOD AND APPARATUS FOR SENDING DOWNLINK DATA WHILE SHARED CHANNELS OVERLAP

Final Rejection §103
Filed
Sep 30, 2022
Priority
Apr 10, 2020 — CN 202010281126.6 +1 more
Examiner
NGO, ANGELIE THIEN THAN
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
4 (Final)
74%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
46 granted / 62 resolved
+16.2% vs TC avg
Moderate +15% lift
Without
With
+14.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
21 currently pending
Career history
102
Total Applications
across all art units

Statute-Specific Performance

§103
94.5%
+54.5% vs TC avg
§102
4.2%
-35.8% vs TC avg
§112
1.0%
-39.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 62 resolved cases

Office Action

§103
DETAILED ACTION This communication is responsive to applicant’s response filed under 37 C.F.R §1.111 in response to a non-final office action. Claim(s) 1, 5, 8, 11, 14, and 18 have been amended; Claims 2-3, 6-7, 9-10, 12-13, 15-16, and 19-20 have been canceled; No Claim(s) have been added. Claim(s) 1, 4-5, 8, 11, 14, 17, and 18 are subject to examination. Acknowledgement is made to the applicant’s amendment to claims 5 and 18 to obviate the previous 35 U.S.C. 112(b) rejection to claims 5 and 18. The previous 35 U.S.C. 112(b) rejection to claims 5 and 18 is/are hereby withdrawn. Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant’s arguments with respect to claim(s) 1, 5, 8, 11, 14, and 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Objections Claims 1, 8, and 14 objected to because of the following informalities: Claims 1, 8, and 14 recite the limitation “the last repetition of the first data and wherein the last repetition of the first data”, a first iteration of “the last repetition” should be “a last repetition”. Claims 4-5, 11, and 17-18 are objected to as being dependent on claims 1, 8, and 14 respectively. Appropriate correction is required. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1, 4, 8, 11, 14, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over PARK et al. (US 20210227570 A1) (see 892 02/03/2025), in view of CHOI et al. (US 20200214006 A1), hereby referred to as CHOI. Claim 1: PARK teaches A method comprising: determining P physical downlink shared channels (PDSCHs) in a first time unit, wherein each PDSCH of the P PDSCHs is a semi-persistent scheduling (SPS) PDSCH and has no corresponding physical downlink control channel (PDCCH), wherein at least two overlapping PDSCHs of the P PDSCHs overlap in a time domain, and P is an integer greater than 1 (PARK: FIG. 16 wherein in a period/time unit there can be 4 repetitions of at least 2 configured SPS PDSCH repetitions, wherein SPS PDSCH have no corresponding PDCCH item 1602-1606 and item 1612-1616 wherein these PDSCHs of P PDSCHs overlap); sending data, including first data, to a terminal device on M PDSCHs in the P PDSCHs without sending the data on any PDSCHs of the P PDSCHs that are outside of the M PDSCHs and such that the first data is not received at the terminal device on a first PDSCH outside of the M PDSCHs, wherein M is an integer greater than or equal to 1 and less than P, wherein each PDSCH of the M PDSCHs avoids overlapping, in the time domain, with each other PDSCH of the M PDSCHs, wherein the first PDSCH is a PDSCH of the at least two overlapping PDSCHs, and wherein the first PDSCH overlaps another PDSCH that is of the at least two overlapping PDSCHs and that is of the P PDSCHs (PARK: FIG. 16 and para 331 (“However, if the SPS PDSCHs overlap with each other…since the terminal can receive only one SPS PDSCH, the terminal receives the SPS PDSCH having the lowest index value among the SPS PDSCHs…”) wherein data is sent on M PDSCHs, wherein M PDSCHs are non-overlapping SPS PDSCHs and/or overlapping SPS PDSCHs that are received, such as the lowest index SPS PDSCH and a first PDSCH is a PDSCH which overlaps and therefore no data is sent); and wherein the second PDSCH is scheduled to be transmitted in the time domain before the first PDSCH (PARK: FIG. 16 item 1610 the second PDSCH which IS an M PDSCH), and wherein the first PDSCH is used to transmit the last repetition of the first data and wherein the last repetition of the first data on the first PDSCH is cancelled due to the first PDSCH overlapping with another PDSCH of the at least two overlapping PDSCHs (PARK: FIG. 16 and para 331 (“…the terminal does not actually receive the SPS PDSCHs 1612, 1614, and 1616 overlapping the SPS PDSCHs…related to the first SPS.”) wherein the first PDSCH is an overlapping SPS PDSCH (such as 1616) that is not received/not M PDSCH). However, PARK does not explicitly disclose receiving, from the terminal device in response to the first data being sent to the terminal device on a second PDSCH of the M PDSCHs, feedback information for the first data sent in a feedback time unit that corresponds to the first PDSCH and that is after, in the time domain, the first PDSCH, wherein the second PDSCH is a repetition of the first data. CHOI, in the same field of endeavor, teaches receiving, from the terminal device in response to the first data being sent to the terminal device on a second PDSCH of the M PDSCHs, feedback information for the first data sent in a feedback time unit that corresponds to the first PDSCH and that is after, in the time domain, the first PDSCH, wherein the second PDSCH is a repetition of the first data (CHOI: para 325 (“…even when reception of the PDSCH is canceled, HARQ-ARQ timing may be determined assuming that the DSCH is received without being changed. In other words, in order to determine the slot in which the actual HARQ-ACK is transmitted, the terminal may Perform calculations based on the HARQ-ACK timing included in the DCI indicating PDSCH reception and the last PDSCH before determining whether to cancel…after 4 slots from the last slot of the allocated PDSCH, even if reception of the PDSCH is cancelled.”) wherein feedback is sent in a slot/time unit after the first PDSCH which is a cancelled repetition ). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified PARK with CHOI, the combination hereby referred to as PARK-CHOI, for the benefit of adaptive uplink signal timing to improve frequency efficiency and reduce energy consumption (CHOI: abstract). Claim 4: PARK-CHOI teaches the method according to claim 1, further comprising sending second data to the terminal device on a fourth PDSCH, wherein the M PDSCHs comprise a third PDSCH, wherein the third PDSCH and the fourth PDSCH each are one repetition in PDSCH repetitions of the second data, and a time domain position of the third PDSCH is after a time domain position of the fourth PDSCH (PARK: FIG. 16 item 1602-1606 wherein any of these can be the fourth PDSCH and item 1604-1608 wherein any of these can be the third PDSCH so long as it is after a fourth PDSCH). Claim 8: PARK teaches An apparatus comprising: a processor (PARK: FIG. 20 item 2002 (“Terminal Processor”)); and a non-transitory computer readable medium storing a program to be executed by the processor (PARK: para 41 (“These computer program instructions may also be stored in a computer usable or computer-readable memory…”)), the program comprising instructions for: determining P physical downlink shared channels (PDSCHs) in a first time unit, wherein each PDSCH of the PPDSCHs is a semi-persistent scheduling (SPS) PDSCH, wherein the P PDSCHs comprise a PDSCH that has no corresponding physical downlink control channel (PDCCH), wherein at least two overlapping PDSCHs of the P PDSCHs overlap in a time domain, and P is an integer greater than 1 (PARK: FIG. 16 wherein in a period/time unit there can be 4 repetitions of at least 2 configured SPS PDSCH repetitions, wherein SPS PDSCH have no corresponding PDCCH item 1602-1606 and item 1612-1616 wherein these PDSCHs of P PDSCHs overlap); receiving data, including first data, from a network device on M PDSCHs in the P PDSCHs, without receiving the data on any PDSCHs of the P PDSCHs that are outside of the M PDSCHs and such that the first data is not received by the apparatus on a first PDSCH outside of the M PDSCHs, wherein M is an integer greater than or equal to 1 and less than P, wherein each PDSCH of the M PDSCHs avoids overlapping, in the time domain, with each other PDSCH of the M PDSCHs, wherein the first PDSCH is a PDSCH of the at least two overlapping PDSCHs, and wherein the first PDSCH overlaps another PDSCH that is of the at least two overlapping PDSCHs and that is of the P PDSCHs (PARK: FIG. 16 and para 331 (“However, if the SPS PDSCHs overlap with each other…since the terminal can receive only one SPS PDSCH, the terminal receives the SPS PDSCH having the lowest index value among the SPS PDSCHs…”) wherein data is sent on M PDSCHs, wherein M PDSCHs are non-overlapping SPS PDSCHs and/or overlapping SPS PDSCHs that are received, such as the lowest index SPS PDSCH); and wherein the second PDSCH is used to transmit a repetition of first data, wherein the second PDSCH is scheduled to be transmitted in the time domain before the first PDSCH (PARK: FIG. 16 item 1610 the second PDSCH which IS an M PDSCH), wherein the first PDSCH is used to transmit the last repetition of the first data and wherein the last repetition of the first data on the first PDSCH is cancelled due to the first PDSCH overlapping with another PDSCH of the at least two overlapping PDSCHs (PARK: FIG. 16 and para 331 (“…the terminal does not actually receive the SPS PDSCHs 1612, 1614, and 1616 overlapping the SPS PDSCHs…related to the first SPS.”) wherein the first PDSCH is an overlapping SPS PDSCH (such as 1616) that is not received/not M PDSCH). However, PARK does not explicitly disclose sending, to the network device, in response to the apparatus receiving the first data on a second PDSCH of the M PDSCHs, feedback information for the first data in a feedback time unit that corresponds to the first PDSCH and that is after, in the time domain, the first PDSCH, wherein a first PDSCH is a PDSCH of the at least two overlapping PDSCHs. CHOI, in the same field of endeavor, teaches receiving, from the terminal device in response to the first data being sent to the terminal device on a second PDSCH of the M PDSCHs, feedback information for the first data sent in a feedback time unit that corresponds to the first PDSCH and that is after, in the time domain, the first PDSCH, wherein the second PDSCH is a repetition of the first data (CHOI: para 325 (“…even when reception of the PDSCH is canceled, HARQ-ARQ timing may be determined assuming that the DSCH is received without being changed. In other words, in order to determine the slot in which the actual HARQ-ACK is transmitted, the terminal may Perform calculations based on the HARQ-ACK timing included in the DCI indicating PDSCH reception and the last PDSCH before determining whether to cancel…after 4 slots from the last slot of the allocated PDSCH, even if reception of the PDSCH is cancelled.”) wherein feedback is sent in a slot/time unit after the first PDSCH which is a cancelled repetition ). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified PARK with CHOI, the combination hereby referred to as PARK-CHOI, for the benefit of adaptive uplink signal timing to improve frequency efficiency and reduce energy consumption (CHOI: abstract). Claim 11: PARK-CHOI teaches The apparatus according to claim 8, wherein the receiving data from the network device only on M PDSCHs in the P PDSCHs comprises: receiving data on a target SPS PDSCH, wherein the target SPS PDSCH is a PDSCH corresponding to an SPS configuration with a smallest SPS index in the first time unit (PARK: para 285 (“This is a method of prioritizing the DL SPS resource with the lowest index among the time-overlapping DLSPS resources.”) wherein target SPS PDSCH is lowest/smallest index); skipping receiving an SPS PDSCH that is in the first time unit and that overlaps the target SPS PDSCH in time domain (PARK: para 285 (“For example, when a DL SPS resource having an index value of 1 and a DLSPS resource having an index value of 3 overlap each other, the terminal receives a TB transmitted from the base station via the DL SPS resource having an index value of 1, and does not receive a DL SPS resource having an index value of 3.”) wherein SPS of higher index which overlaps the target/lower index SPS is skipped); and repeating the receiving data on the target SPS PDSCH and the skipping receiving until there is no active SPS PDSCH in the first time unit (PARK: FIG. 16 wherein data is receive on target semi-persistent and skipped on overlapping SPS). Claim 14: PARK teaches an apparatus comprising :a processor (PARK: FIG. 21 item 2103 (“Base Station Processor”)); and a non-transitory computer readable medium storing a program to be executed by the processor (PARK: para 41 (“These computer program instructions may also be stored in a computer usable or computer-readable memory…”)). For further limitations, see rejection for claim 1 above. Claim 17: PARK-CHOI teaches the apparatus according to claim 14. For further limitations, see rejection for claim 4 above. Claim(s) 5 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over PARK-CHOI in view of ZHOU et al. (US 20210297197 A1) (see 892 12/18/2025), hereby referred to as ZHOU. Claim 5: PARK-CHOI teaches the method according to claim 1, but does not explicitly disclose wherein when a fifth PDSCH is not sent to the terminal device, the first PDSCH is not sent to the terminal device, wherein the fifth PDSCH is a 1st repetition in PDSCH repetitions of first data before any other reptations of the first data, the first PDSCH is one repetition after the 1st repetition in the PDSCH repetitions, and a time domain position of the first PDSCH is after a time domain position of the fifth PDSCH. ZHAO, in the same field of endeavor, teaches wherein when a fifth PDSCH is not sent to the terminal device, the first PDSCH is not sent to the terminal device, wherein the fifth PDSCH is a 1st repetition in PDSCH repetitions of first data before any other repetitions of the first data, the first PDSCH is one repetition after the 1st repetition in the PDSCH repetitions, and a time domain position of the first PDSCH is after a time domain position of the fifth PDSCH (ZHAO: para 69 (“…if any of a plurality of PDCH repetitions collides with at least one symbol configured by a higher layer as an uplink symbol, the wireless communication device will skip decoding of all the plurality of PDSCH repetitions…”) wherein if repetition, such as a first repetition/fifth PDSCH collides and is not transmitted/skipped, then all the repetitions, such as a following repetition/first PDSCH is also not transmitted/skipped, wherein the fifth PDSCH can be any of the repetitions such as a first repetition before any other repetitions). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified PARK-CHOI with ZHOU for the benefit of managing collisions (ZHOU: para 68-69). Claim 18: PARK-CHOI teaches the apparatus according to claim 14. For further limitations, see rejection for claim 5 above. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELIE T NGO whose telephone number is (571)272-0180. The examiner can normally be reached Mon - Thur: 8am - 5pm; 2nd Fri: 8am - 3pm. 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, Noel Beharry can be reached at (571) 270-5630. 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. /A.T.N./Examiner, Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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Prosecution Timeline

Show 3 earlier events
Apr 21, 2025
Response Filed
Jun 04, 2025
Final Rejection mailed — §103
Aug 04, 2025
Response after Non-Final Action
Sep 02, 2025
Request for Continued Examination
Sep 09, 2025
Response after Non-Final Action
Dec 18, 2025
Non-Final Rejection mailed — §103
Mar 10, 2026
Response Filed
Jun 16, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
74%
Grant Probability
89%
With Interview (+14.6%)
3y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 62 resolved cases by this examiner. Grant probability derived from career allowance rate.

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