Prosecution Insights
Last updated: October 04, 2026
Application No. 17/995,537

PIGGYBACKING DOWNLINK CONTROL INFORMATION (DCI) FOR SEMI-PERSISTENT SCHEDULING

Non-Final OA §102§103
Filed
Oct 05, 2022
Priority
May 14, 2020 — nonprovisional of PCTCN2020090201
Examiner
SMITH, MARCUS
Art Unit
2468
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
3 (Non-Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
440 granted / 568 resolved
+19.5% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
7 currently pending
Career history
575
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
28.3%
-11.7% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 568 resolved cases

Office Action

§102 §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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/13/2026 has been entered. Response to Arguments Applicant’s arguments, filed 4/13/2026, with respect to the rejection of claims 1-32 under 35 USC 102(a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Sun et al. (US 2018/0124753). Sun, which is published in May 3, 2018, discloses the process of sending piggyback DCI within PDSCH region (see abstract). Aspects of the disclosure relate to wireless communication systems configured to provide piggyback downlink control information within the physical downlink shared channel (PDSCH). A first downlink control information portion may be transmitted within the physical downlink control channel (PDCCH) and may include information indicating a size of a second downlink control information portion transmitted within the PDSCH. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-3, 5-6, 9-13, 15-19, 21-22, 25-29, and 31-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun et al. (US 2018/0124753). With regard to claims 1 and 17, Sun teaches: A method (see figure 10)/A first wireless communication device (see figure 5), comprising: at least one transceiver (see figure 5: 74-76); one or more memories comprising instructions (see figure 5: 74-76); and one or more processors configured to execute the instructions to cause, wherein the first wireless communication device is configured to (see figure 5: 74-76): determine a piggybacking opportunity for communicating downlink control information (DCI) in a semi-persistent scheduling (SPS) physical downlink shared channel (PDSCH) resource (see figure 10 and figure 7: paragraphs 109-114 and 120-125: The examiner view second DCI as piggyback opportunity: [0110] In some examples, the first and second DCI portions may provide semi-persistent scheduling (SPS) of a downlink assignment or uplink grant to the scheduled entity 600. For example, the first DCI portion may include one or more SPS configuration parameters, such as the resource assignment for the SPS downlink assignment or uplink grant, an SPS identifier (e.g., an SPS-RNTI) for the scheduled entity and a periodicity of the SPS assignment/grant. The first DCI portion may further include the piggyback control information providing information about the second DCI portion. The second DCI portion may include non-time critical control information and additional SPS configuration parameters, such as an implicit release time, cyclic shift DMRS configuration, and/or other parameters. Since the SPS configuration information configures the scheduled entity 600 with a periodicity of downlink assignments or uplink grants, subsequent slots within which the scheduled entity 600 has an SPS assignment/grant may not include at least the first DCI portion. [0111] In some examples, the slot may include multiple first DCI portions, each intended for a different scheduled entity and each providing piggyback control information regarding a single second DCI portion. The second DCI portion may then be scrambled with the RNTI of a selected scheduled entity. If the physical control channel processing circuitry 643 is able to decode the second DCI portion using the RNTI of the scheduled entity 600, the physical control channel processing circuitry 643 will process the second DCI portion to obtain remaining control information regarding a downlink assignment. However, if the physical control channel processing circuitry 643 is unable to decode the second DCI portion (e.g., the CRC computation fails), the physical control channel processing circuitry 643 will assume the downlink assignment has been canceled. The physical control channel processing circuitry 643 may operate in coordination with physical control channel processing software 653. ) ; and communicate, with a second wireless communication device, the DCI and the SPS PDSCH during the determined piggybacking opportunity (see figure 7 and figure 10: paragraphs 109-114 and 121-125: [0113] In various aspects of the disclosure, the DCI of a PDCCH may be split into a first DCI control portion (DCI-1) 706 and a second control portion (DCI-2) 710. DCI-1 706 may be transmitted within the DL burst 702 of the slot 700, while DCI-2 may be transmitted within the downlink traffic region 704 of the slot 700. Thus, DCI-2 710 may be time division multiplexed and/or frequency division multiplexed with downlink user data traffic within the downlink traffic region 704 of the slot 700. DCI-1 706 may include, for example, initial control information regarding a downlink assignment, while DCI-2 710 may include, for example, remaining control information regarding the downlink assignment. In some examples, the initial control information may include the resource assignment, rank and modulation order of the downlink assignment. In some examples, the remaining control information may include non-time critical control information, such as the HARQ process ID, redundancy version ID, a new data indicator, transmit power control indicator, channel quality indicator request, sounding reference signal request, or downlink assignment index. [0123] At block 1004, the scheduling entity may generate a second DCI portion including remaining control information regarding the downlink assignment. The remaining control information may include, for example, non-time critical control information, such as the HARQ process ID, redundancy version ID, new data indicator, transmit power control indicator, channel quality indicator request, sounding reference signal request, or downlink assignment index. For example, the DL traffic and control channel generation and transmission circuitry 542 shown and described above in connection with FIG. 5 may generate the second DCI portion. [0124] At block 1006, the scheduling entity may transmit the first DCI portion within a control region (e.g., a PDCCH region or DL burst) of a current slot (e.g., a DL-centric slot). At block 1008, the scheduling entity may further transmit the second DCI portion within a downlink traffic region (e.g., PDSCH) of the current slot. In some examples, the second DCI portion may be time division multiplexed and/or frequency division multiplexed with user data traffic within the downlink traffic region of the slot. In other examples, the second DCI portion may occupy all of the time-frequency resources of the downlink traffic region of the slot. For example, the second DCI portion may include a concatenation of a plurality of DCI components, each providing a downlink assignment or an uplink grant for one or more scheduled entities. In some examples, the second DCI portion may be transmitted with the same rank and modulation order as the PDSCH. In addition, the second DCI portion may be rate matched to at least the user data traffic surrounding the second DCI portion. In some examples, the second DCI portion may be transmitted immediately after a demodulation reference signal (DMRS) to improve reliability of transmission of the second DCI portion. For example, the resource assignment and scheduling circuitry 541 in coordination with the DL traffic and control channel generation and transmission circuitry 542 shown and described above in connection with FIG. 5 may transmit a slot containing the first DCI portion within a control region thereof and the second DCI portion within a downlink traffic region thereof. ) PNG media_image1.png 402 614 media_image1.png Greyscale With regard to claims 2 and 18,Sun teaches: wherein the determined piggybacking opportunity is based on one of radio resource control (RRC) information, a media access control control element (MAC-CE), or SPS activation DCI (paragraphs 83, 104, 110 and 122: first DCI can be viewed as SPS DCI: [0104] The first DCI portion may further include initial control information regarding a downlink assignment for the scheduled entity (or group of scheduled entities including the scheduled entity 600), such as the resource assignment, rank and modulation order of the downlink assignment. The second DCI portion may include remaining control information regarding the downlink assignment. For example, the remaining control information may include non-time critical control information, such as the HARQ process ID, redundancy version ID, a new data indicator, transmit power control indicator, channel quality indicator request, sounding reference signal request, or downlink assignment index. Thus, the DL traffic and control channel reception and processing circuitry 642 may utilize the first DCI portion to identify user data traffic within the PDSCH to be decoded and may buffer the user data traffic (e.g., within buffer 615) while the second DCI portion is decoded. [0110] In some examples, the first and second DCI portions may provide semi-persistent scheduling (SPS) of a downlink assignment or uplink grant to the scheduled entity 600. For example, the first DCI portion may include one or more SPS configuration parameters, such as the resource assignment for the SPS downlink assignment or uplink grant, an SPS identifier (e.g., an SPS-RNTI) for the scheduled entity and a periodicity of the SPS assignment/grant. ); wherein the determined piggybacking opportunity is associated with one of a rate- matching PDSCH resource or a puncturing PDSCH resource (See figure 12: paragraphs 134-135: rate matching); and wherein the determined piggybacking opportunity overrides a default configuration for communicating DCI (see step 1210: paragraph 133: transmits the Second DCI over the whole traffic region). PNG media_image2.png 763 563 media_image2.png Greyscale With regard to claims 3 and 19, Sun teaches: wherein the determined piggybacking opportunity is associated with a piggybacking modulation and coding scheme (MSC) (See figure 12: paragraphs 94 and 133-135); wherein the piggybacking MSC is associated with one of radio resource control (RRC) information, a media access control control element (MAC-CE), or SPS activation DCI (paragraphs 83, 104, 110 and 122: ); wherein the piggybacking opportunity is associated with a piggybacking opportunity timing span including one of only [[the]]an SPS configuration or the SPS configuration and each of one or more subsequent SPS configurations until a reactivation procedure ((paragraphs 83, 104, 110 and 122); and wherein the piggybacking opportunity timing span is based on one of a piggybacking opportunity timing span information, a time-frequency resource location, a PDSCH puncturing configuration, or a PSDCH rate matching configuration (See figure 7 and figure 12: paragraphs 112-116 and 130-135). With regard to claims 5 and 21, Sun teaches: wherein the determined piggybacking opportunity is associated with a resource-block symbol matching pattern, wherein the resource-block symbol matching pattern is associated with one of rateMatchPattemGroup1 or rateMatchPatternGroup2 (see figure 12: paragraphs 130-135). With regard to claims 6 and 22, Sun teaches: wherein the determined piggybacking opportunity is associated with a hybrid automatic repeat request (HARQ) control information (CI); wherein the HARQ CI does not include a redundancy version (RV) indicator based on a pre-configured RV sequence; wherein the HARQ CI does not include a HARQ process identifier (ID) based on a default HARQ process ID; and wherein the HARQ CI includes a new data indicator (NDI) based on a retransmission (paragraphs 83, 104, 123). With regard to claims 9 and 25, Sun teaches: wherein the determined piggybacking opportunity is associated with a piggybacking trigger for a group acknowledgment; and wherein the method further comprises: communicating, by the first wireless communication device with a second wireless communication device, a second communication based on the piggybacking trigger; and wherein the second communication is associated with one of an acknowledgement or a negative acknowledgement (Paragraphs 53 and 71: [0053] The scheduling entity 202 may broadcast control information 208 including one or more control channels, such as a PBCH; a PSS; a SSS; a physical control format indicator channel (PCFICH); a physical hybrid automatic repeat request (HARQ) indicator channel (PHICH); and/or a physical downlink control channel (PDCCH), etc., to one or more scheduled entities 204. The PHICH carries HARQ feedback transmissions such as an acknowledgment (ACK) or negative acknowledgment (NACK). HARQ is a technique well known to those of ordinary skill in the art, wherein packet transmissions may be checked at the receiving side for accuracy, and if confirmed, an ACK may be transmitted, whereas if not confirmed, a NACK may be transmitted. In response to a NACK, the transmitting device may send a HARQ retransmission, which may implement chase combining, incremental redundancy, etc. ). With regard to claims 10 and 26, Sun teaches: wherein the determined piggybacking opportunity is associated with a transmit power control (TPC) information; wherein the TPC information is associated with a second communication; wherein the second communication is associated with one of an acknowledgment associated with an SPS configuration or a sounding reference signal; and wherein the second communication is based on a time-frequency resource location (paragraphs 104, 110, and 123). With regard to claims 11 and 27, Sun teaches: wherein the determined piggybacking opportunity is associated with a piggybacking physical uplink control channel (PUCCH) resource indicator (PRI) (paragraphs 110, 117, and 124). With regard to claims 12 and 28, Sun teaches: wherein the determined piggybacking opportunity is associated with a piggybacking physical uplink control channel (PUCCH) resource indicator (PRI); and wherein the piggybacking PRI is associated with a block acknowledgement configuration for the SPS configuration ( (paragraphs 110, 113, 117, and 124). With regard to claims 13 and 29, Rastergardoost teaches: wherein the determined piggybacking opportunity is associated with a piggybacking radio resource allocation; and wherein the piggybacking radio resource allocation is associated with one of an SPS configuration or the SPS configuration and each subsequent SPS configuration (paragraphs 96-97 and 130-135). With regard to claims 15 and 31, Sun teaches: wherein the communicating DCI and the SPS PDSCH further comprises: receiving, by the first wireless communication device, the DCI and SPS PDCCH associated with the determined piggybacking opportunity (see figure 6: paragraphs 102-107). With regard to claims 16 and 32, Sun teaches: wherein the communicating DCI and the SPS PDSCH further comprises: transmitting, by the first wireless communication device, the DCI and SPS PDCCH associated with the determined piggybacking opportunity (see figure 10: paragraphs 120-125) . PNG media_image3.png 528 540 media_image3.png Greyscale 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 4, 7-8, 14, 20, 23-24, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al. (US 2018/0124753) in view of Rastergardoost et al. (US 2022/0007399). With regard to claims 4 and 20, Although Sun teaches sending DMRS (see figure 7), it does not explicitly sending CSI reference signals. Thus, Sun fails to teach the determined piggybacking opportunity is associated with a piggybacking zero-power channel state information resource signal (CSI-RS) trigger for avoiding rate matching on a time-frequency resource carrying a CSI-RS. Similar to the system of Sun, Rastergardoost teaches sending a plurality of DCI signals for a plurality of PDSCHs in SPS interval (see figure 23). Rastergardoost also teaches: wherein the determined piggybacking opportunity is associated with a piggybacking zero-power channel state information resource signal (CSI-RS) trigger for avoiding rate matching on a time-frequency resource carrying a CSI-RS (paragraphs 171-173 and 262: [0262] In downlink, semi-persistent scheduling (SPS) may be supported. For a SPS configuration, a base station may provide a periodicity and/or an offset of the SPS occasions via RRC signaling and/or MAC CE signaling. The base station may transmit a SPS activation DCI via a PDCCH to activate the SPS. In an example, a first SPS activation DCI may comprise activations of one or more SPS configurations. The wireless device may use a first RNTI, e.g. CS-RNTI and/or C-RNTI for the SPS activation DCI. The SPS activation DCI may carry resource allocation information, e.g., time domain allocation, frequency domain allocation, BWP indicator, PRB bundling size indicator, CSI-RS trigger, MCS, NDI, DAI, and one or more first parameters for HARQ-ACK feedback, e.g., PDSCH-to-HARQ-feedback timing, CBGTI, and CBGFI, and one or more second parameters to support transmissions e.g., antenna ports, TCI, SRS request, power control, etc. ). Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to determined piggybacking opportunity is associated with a piggybacking zero-power channel state information resource signal (CSI-RS) trigger for avoiding rate matching on a time-frequency resource carrying a CSI-RS as taught by Rastergardoost in the SPS communication system of Sun in order to improve network efficiency (Ra: paragraph 364). ). With regard to claims 7 and 23, Although Sun teaches sending DMRS (see figure 7), it does not explicitly sending CSI reference signals. Thus, Sun fails to teach the wherein the determined piggybacking opportunity is associated with a to-be-bounded piggybacking information for hybrid automatic repeat request (HARQ) combining a PDSCH communication; wherein the PDSCH communication includes a retransmission based on one of a dynamic grant configuration or an SPS configuration; and wherein the determined piggybacking opportunity is not associated with a HARQ response. Similar to the system of Sun, Rastergardoost teaches sending a plurality of DCI signals for a plurality of PDSCHs in SPS interval (see figure 24). Rastergardoost teaches: wherein the determined piggybacking opportunity is associated with a to-be-bounded piggybacking information for hybrid automatic repeat request (HARQ) combining a PDSCH communication (paragraphs 456-463); wherein the PDSCH communication includes a retransmission based on one of a dynamic grant configuration or an SPS configuration (paragraphs 456-463); and wherein the determined piggybacking opportunity is not associated with a HARQ response (see figure 24 : paragraphs 463-464). Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to have the determined piggybacking opportunity is associated with a to-be-bounded piggybacking information for hybrid automatic repeat request (HARQ) combining a PDSCH communication; wherein the PDSCH communication includes a retransmission based on one of a dynamic grant configuration or an SPS configuration; and wherein the determined piggybacking opportunity is not associated with a HARQ response as taught by Rastergardoost in the SPS communication system of Sun in order to improve network efficiency (Ra: paragraph 364). PNG media_image4.png 414 551 media_image4.png Greyscale With regard to claims 8 and 24, Although Sun teaches multi-slot downlink assignments/DAIs (see paragraphs 106-107), it does not explicitly downlink assignments are associated with dynamic codebook. Thus, Sun fails to teach the determined piggybacking opportunity is associated with downlink assignment indices (DAIs) for a dynamic acknowledgement codebook; wherein the DAIs are associated with one of only an SPS configuration or the SPS configuration and one or more dynamic grants; and wherein the SPS configuration is associated with a block acknowledgment configuration Similar to the system of Sun, Rastergardoost teaches sending a plurality of DCI signals for a plurality of PDSCHs in SPS interval (see figure 23). Rastergardoost teaches: wherein the determined piggybacking opportunity is associated with downlink assignment indices (DAIs) for a dynamic acknowledgement codebook (paragraph 240); wherein the DAIs are associated with one of only an SPS configuration or the SPS configuration and one or more dynamic grants (paragraphs 278-279); and wherein the SPS configuration is associated with a block acknowledgment configuration (paragraphs 278-279 and 456-457: see figure 23). Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to have the determined piggybacking opportunity is associated with downlink assignment indices (DAIs) for a dynamic acknowledgement codebook; wherein the DAIs are associated with one of only an SPS configuration or the SPS configuration and one or more dynamic grants; and wherein the SPS configuration is associated with a block acknowledgment configuration as taught by Rastergardoost in the SPS communication system of Sun in order to improve network efficiency (Ra: paragraph 364). PNG media_image5.png 329 546 media_image5.png Greyscale With regard to claims 14 and 30: Although Sun teaches sending a plurality DCIs in SPS interval, it does not explicitly disclose the first DCI can be in the MAC-CE. Thus, Sun fails to teach the the determined piggybacking opportunity is associated with a media access control control element (MAC-CE). Similar to the system of Sun, Rastergardoost teaches sending a plurality of DCI signals for a plurality of PDSCHs in SPS interval (see figure 23). Rastergardoost teaches: wherein the determined piggybacking opportunity is associated with a media access control control element (MAC-CE) (paragraphs 262, 456, 459 and 529). [0459] A wireless device may not transmit a HARQ feedback of a DL transmission (e.g. SPS PDSCH and/or SPS PDCCH) in a first UL channel (e.g. a first PUCCH), indicated by a first numerical timing value (offset, e.g. K1 value). The wireless device may store/postpone the HARQ feedback of the DL transmission in response to detecting/receiving an indication of a second non-numerical timing value (e.g. non-numerical K1 (n.n.K1) value). For example, the wireless device may receive/detect a DCI comprising the second non-numerical timing value. The wireless device may receive/detect the indication within a first time interval/window. The first time interval/window may start from a beginning of a channel occupancy duration comprising the DL transmission. The first time interval/window may start from a last UL channel (e.g. last PUCCH). The first time interval/window may comprise the DL transmission. The first time interval/window may have a first duration. The first time interval/window may be a first duration prior to the first UL channel. The first time interval/window may be a first duration prior to the DL transmission. The first duration may be pre-defined. The first duration may be pre-configured by RRC signaling. The first duration may be indicated via a DCI/MAC CE. The first time interval/window may have a variable duration. The first time interval/window may be until an end of the channel occupancy duration comprising the DL transmission. The first time interval/window may be until the first UL channel. For example, the first time interval/window may end before a first symbol of the first UL channel. The first time interval/window may end by a UE processing time before a first symbol of the first UL channel. Therefore, it would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the claim invention to have the determined piggybacking opportunity is associated with a media access control control element (MAC-CE) as taught by Rastergardoost in the SPS communication system of Sun in order to improve network efficiency (Ra: paragraph 364). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lei et al. (US 2022/0158767, see figure 6) Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS R SMITH whose telephone number is (571)270-1096. The examiner can normally be reached Monday-Friday 9:00 AM -5:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Deborah J Reynolds can be reached at (571) 272-0734. 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. /MARCUS SMITH/ Supervisory Patent Examiner, Art Unit 2468
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Prosecution Timeline

Show 3 earlier events
Jan 14, 2026
Final Rejection mailed — §102, §103
Feb 04, 2026
Interview Requested
Feb 11, 2026
Applicant Interview (Telephonic)
Feb 12, 2026
Examiner Interview Summary
Mar 16, 2026
Response after Non-Final Action
Apr 13, 2026
Request for Continued Examination
Apr 28, 2026
Response after Non-Final Action
Sep 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
89%
With Interview (+11.5%)
3y 3m (~0m remaining)
Median Time to Grant
High
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