Prosecution Insights
Last updated: October 02, 2026
Application No. 18/000,214

WIRELESS COMMUNICATION METHOD AND APPARATUS, TERMINAL, AND STORAGE MEDIUM

Final Rejection §103
Filed
Nov 29, 2022
Priority
Jun 16, 2020 — nonprovisional of PCTCN2020096403
Examiner
KIDANE, MEHERET WOLDEGEBREAL
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
4 (Final)
81%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
21 granted / 26 resolved
+22.8% vs TC avg
Strong +26% interview lift
Without
With
+26.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
22 currently pending
Career history
56
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
72.5%
+32.5% vs TC avg
§102
24.2%
-15.8% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 26 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment The examiner has taken notice that claims 1, 14, 25 and 26 have been amended. Claims 1, 2, 4-12, 14, 18-19, 22, 25 and 26 are currently pending in the present application. Response to Arguments Applicant’s arguments, see response, filed 06/01/2026, with respect to the rejection(s) of claim(s) 1, 25 and 26 under 35 USC § 103 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 Therefore, the rejection has been withdrawn.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 Abotabl and Manolakos. 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, 2, 4- 6, 8, 10-12, 14, 18, 22, 25, 26 are rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev et al. (US 2022/0131727) in view of Choi et al. (US 2020/0280421) in further view of Abotabl et al. (US 2021/0360575) and Manolakos et al. (US 2023/0108914). Regarding claim 1, Khoryaev teaches a wireless communication method, performed by a terminal (Paragraphs [0003]; [0033]; [0038] [0098] states that DL BWPs are “used for data communication”), Khoryaev doesn’t teach comprising: configuring priorities for a positioning-purpose reference signal and communication information, In analogous art Abotabl teaches comprising: configuring priorities for a positioning-purpose reference signal and communication information (Paragraphs [0057]-[0058] the system configures priorities for both the positioning-purpose reference signal ), Khoryaev teaches a first bandwidth part (BWP) being used to transmit the communication information (Paragraphs [0003]; [0033]; [0038] states that DL BWPs are “used for data communication,” which directly teaches transmitting communication information on a BWP), Khoryaev teaches and a second BWP being used to transmit the positioning- purpose reference signal while the first BWP transmits the communication information, wherein the communication information does not comprise the positioning-purpose reference signal (Paragraph [0075] states that PRS signals are transmitted on dedicated resources separate from other DL transmissions, and that sharing resources is typically avoided because it degrades positioning performance. Fig. 2, block 202 reinforces this distinction by showing separate configuration processes for “a bandwidth part (BWP) for downlink (DL) positioning reference signals (PRS) and a BWP for DL data transmission,” highlighting that these are treated as distinct transmission types with dedicated resources. Paragraph [0075] states that PRS signals are transmitted on dedicated resources separate from other DL transmissions, and that sharing resources is typically avoided because it degrades positioning performance. Fig. 2, block 202 reinforces this distinction by showing separate configuration processes for “a bandwidth part (BWP) for downlink (DL) positioning reference signals (PRS) and a BWP for DL data transmission,” highlighting that these are treated as distinct transmission types with dedicated resources), Khoryaev doesn’t teach and the second BWP comprises the first BWP; and determining, based on the priorities, the communication information or the positioning-purpose reference signal that is transmitted on an overlapping resource of the first BWP and the second BWP, wherein configuring the priorities for the positioning-purpose reference signal and the communication information, comprises: configuring the priorities for the positioning-purpose reference signal and the communication information based on transmission delay requirements of the positioning-purpose reference signal and the communication information, wherein the priorities of the positioning-purpose reference signal comprise a first priority and a second priority; the first priority being higher than the second priority; and the priorities of the communication information comprise a third priority and a fourth priority; the third priority being higher than the fourth priority. However, in analogous art Choi teaches and the second BWP comprises the first BWP (Fig.8, Fig. 9 and Paragraph [0124] describes the containment relationship described mathematically in the text, showing one BWP physically contained within another); Choi teaches doesn’t teach and determining, based on the priorities, the communication information or the positioning-purpose reference signal that is transmitted on an overlapping resource of the first BWP and the second BWP, wherein configuring the priorities for the positioning-purpose reference signal and the communication information, comprises: configuring the priorities for the positioning-purpose reference signal and the communication information based on transmission delay requirements of the positioning-purpose reference signal and the communication information, wherein the priorities of the positioning-purpose reference signal comprise a first priority and a second priority; the first priority being higher than the second priority; and the priorities of the communication information comprise a third priority and a fourth priority; the third priority being higher than the fourth priority. Abotabl teaches and determining, based on the priorities, the communication information or the positioning-purpose reference signal that is transmitted on an overlapping resource of the first BWP and the second BWP (Paragraph [0068] teaches resolving an overlap between the PRS and the uplink communication transmission based on a configured priority order ), wherein configuring the priorities for the positioning-purpose reference signal and the communication information, comprises: configuring the priorities for the positioning-purpose reference signal and the communication information based on transmission delay requirements of the positioning-purpose reference signal and the communication information (Paragraphs [0004]; [0057]-[0058] describes that positioning is inherently a timing dependent function and the device measures the timing signals and determines times of arrival, time differences of arrival, and or receive time transmit time differences to calculate position meaning the PRS’s usefulness depends entirely on precise time domain reception. The PRS is governed by rigid, quantified scheduling parameters, disclosing” PRS periodicity as specific as “160, 320, 640, or 120 ms” confirming the PRS carries a strict transmission timing requirement. Paragraph [0063]-[0064]; [0068] discloses (RACH > PRS> PUSCH) reflects each signal type’s differing tolerance for timing disruption. RACH being time critical for access, PRS requiring precise low latency measurement and PUSCH being delay-tolerant data ), Abotabl doesn’t teach wherein the priorities of the positioning-purpose reference signal comprise a first priority and a second priority; the first priority being higher than the second priority; and the priorities of the communication information comprise a third priority and a fourth priority; the third priority being higher than the fourth priority. However, in analogous art Manolakos teaches wherein the priorities of the positioning-purpose reference signal comprise a first priority and a second priority; the first priority being higher than the second priority (Paragraphs [0084]-[0085] describes the set of priorities available for configuration to the PRS include a higher one and a lower one); and the priorities of the communication information comprise a third priority and a fourth priority; the third priority being higher than the fourth priority (Paragraphs [0084]-[0085] describes each communication signal or channel is configurable with exactly two priority levels (higher and lower)). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of resource conflict resolution in Khoryaev and Choi method for handling Sounding Reference Signal (SRS) transmission in wireless communication systems and Abotabl configuring priorities by incorporating Manolakos’s method assigning higher processing priority to positioning reference signals than to selected other reference signals or channels to improve the chance that positioning measurements are available when needed (Manolakos, Paragraphs [0101]-[0106]). Regarding claim 2, Khoryaev in view of Choi, Abotabl and Manolakos, Khoryaev discloses receiving a first configuration signaling, wherein the first configuration signaling is configured to indicate a frequency domain resource location within the first BWP; and determining the frequency domain resource for transmitting the communication information based on the first configuration signaling (Paragraphs [0035]-[0036] states the use of configuration signaling (e.g., via RRC, RMSI, OSI, etc.) to define resource parameters for PRS transmission. The signaling is used to define frequency-domain characteristics (e.g., PRB-level granularity and specific resource location) within a BWP, the UE acts on this signaling to determine where to transmit or receive PRS data). Regarding claim 4, Khoryaev in view of Choi, Abotabl and Manolakos, Khoryaev discloses wherein the second BWP is configured as a unique active BWP of the terminal (Paragraphs [0041]-[0042] disclose that a dedicated BWP is configured solely for PRS, and the UE switches to it, making it the unique active BWP during PRS transmission). Regarding claim 5, Khoryaev in view of Choi, Abotabl and Manolakos, Khoryaev discloses wherein the first BWP is configured as a first active BWP of the terminal and the second BWP is configured as a second active BWP of the terminal (Paragraph [0045] discloses a scenario where a UE is capable of simultaneous multiple BWP processing. That means: One BWP can be for data transmission (first BWP), One BWP can be for PRS transmission (second BWP) and Both are active at the same time). Regarding claim 6, Khoryaev in view of Choi, Abotabl and Manolakos, Khoryaev discloses wherein the first BWP is configured as a unique active BWP of the terminal and the second BWP is configured as a positioning measurement BWP of the terminal (Paragraphs [0041]-[0042] discloses the UE operates with a DL BWP for communication as the only active BWP, consistent with “unique active BWP. A dedicated BWP is configured only for PRS (i.e., positioning measurement). The UE must switch to this BWP only when positioning operations are needed. Switching is required between the communication BWP and the PRS BWP, implying they are not active simultaneously). Regarding claim 8, Khoryaev in view of Choi, Abotabl and Manolakos, Khoryaev discloses wherein the second BWP and the first BWP partially overlap (Paragraph [0038] teaches that the DL PRS BWP (second BWP for positioning reference signals) can be configured to partially overlap with the DL BWP (first BWP for communication information). Regarding claim 10, Khoryaev in view of Choi, Abotabl and Manolakos, Khoryaev discloses wherein the first BWP is configured as a first active BWP of the terminal and the second BWP is configured as a second active BWP of the terminal; or, the first BWP is configured as the first active BWP of the terminal, a third BWP is configured as the second active BWP of the terminal, and the third BWP is a union of the first BWP and the second BWP (Paragraph [0045] discloses a scenario where a UE is capable of simultaneous multiple BWP processing. That means: One BWP can be for data transmission (first BWP), One BWP can be for PRS transmission (second BWP) and Both are active at the same time). Claim 11 is rejected for the same reason as set forth in claim 6 respectively. Regarding claim 12, Khoryaev in view of Choi, Abotabl and Manolakos, Khoryaev discloses, receiving a second configuration signaling, wherein the second configuration signaling is configured to configure the second BWP, and the second BWP comprises the first BWP ( Paragraphs [0041]; [0044] describes configuration of a second BWP (for PRS) via higher-layer signaling and indicates that the PRS BWP may comprise the communication BWP). Regarding claim 14, Khoryaev in view of Choi, Abotabl and Manolakos, Manolakos wherein the first priority is higher than the fourth priority and lower than the third priority; and the second priority is lower than the fourth priority; or wherein the fourth priority is higher than the first priority and the second priority, respectively (Paragraphs [0084]-[0085] discloses a wireless device determining relative priorities for four different service types each associated with distinct priority levels wherein the device evaluates whether a first priority is higher or lower than a second priority, and whether a fourth priority is higher or lower than a third priority) . Regarding claim 18, Khoryaev in view of Choi, Abotabl and Manolakos, Khoryaev discloses wherein the second BWP and the first BWP do not overlap (Paragraph [0029]; states that PRS (second BWP) can be configured outside the communication BWP (first BWP). “Allocated outside” (no overlap). Paragraph [0256] Supports independent (i.e., disjoint) configuration of PRS BWPs and communication BWPs). Regarding claim 22, Khoryaev in view of Choi, Abotabl and Manolakos, Khoryaev discloses wherein the positioning-purpose reference signal comprises: a downlink positioning reference signal (PRS) (Paragraphs [0028]-[0032] This paragraphs explicitly refers to “NR DL PRS” (New Radio Downlink Positioning Reference Signal), clearly showing that the positioning-purpose reference signal comprises a downlink PRS); or a sounding reference signal (SRS) for a purpose of uplink positioning (Paragraphs [0058]-[0061] state that SRS (sounding reference signal) is used for uplink positioning); or wherein the communication information comprises at least one of: a synchronization signal block; a reference signal for a purpose of uplink and downlink communication; a control signaling transmitted on a control channel; or service data transmitted on a data channel (Paragraphs [0051]-[0053] states that SSB (synchronization signal block) can be used for communication information related to positioning, and reference signal are used for the purpose of communication. Paragraph [0111] This paragraph describes control signaling transmitted on a control channel (PDCCH) and “The PDSCH carries user data and higher-layer signaling to the UEs 301.” This clearly states that service data (user data) is transmitted on a data channel (PDSCH)). Regarding claims 25, the independent claim is substantially identical to the limitation set previously analyzed in claim 1, with distinguishing feature being a terminal, comprising a processor; a transceiver; and a memory storing an executable program (Khoryaev, Paragraph [0146]-[0148], Figures 6-8, 12 ). The claim have been slightly reworded and rearranged. However, these changes do not add any new technical details. The core meaning of the claims remains the same. Because of this, the claim can be rejected for the same reasons as the earlier claims. Regarding claim 26, the independent claim is substantially identical to the limitation set previously analyzed in claim 1, with distinguishing feature being a non-transitory computer storage medium having stored therein instructions that, when executed by a processor of a terminal (Khoryaev, Fig. 12). The claim have been slightly reworded and rearranged. However, these changes do not add any new technical details. The core meaning of the claims remains the same. Because of this, the claim can be rejected for the same reasons as the earlier claims. Claim 19 is rejected for the same reason as set forth in claim 10 respectively. Claim(s) 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Khoryaev in view of Choi in further view of Abotabl and Manolakos and Cirik et al. (US 2020/0146059; hereinafter Cirik). Regarding claim 7, Khoryaev in view of Choi in further view of Abotabl and Manolakos don’t teach switching a BWP for transmitting the communication information from a fourth BWP to the first BWP, wherein the fourth BWP is located outside the second BWP. However, in analogous art, Cirik disclose switching a BWP for transmitting the communication information from a fourth BWP to the first BWP, wherein the fourth BWP is located outside the second BWP (Paragraph [0266] disclose a UE switching between multiple BWPs in response to configuration signaling or timers. A method where a UE switches from one BWP to another upon a DCI signal or timer expiry. Explicit transitions from BWP3 → BWP2 → BWP1, which satisfies the condition of switching from a fourth BWP to a first BWP. Since the second BWP is not involved in this data transmission switch, and the example shows BWPs placed in different locations (with separate identifiers and possibly non-overlapping), it supports the limitation: “fourth BWP is located outside the second BWP”). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of resource conflict resolution Khoryaev in view of Choi in further view of Abotabl and Manolakos by incorporating Cirik’s method of evaluating and configuring BWPs based on quality measurements and BWP combinations to better support efficient switching between communication and positioning transmissions and to improve UE flexibility in selecting or merging BWPs to accommodate system demands or reduce switching overhead (Cirik, paragraph [0455]). Regarding claim 9, Khoryaev in view of Choi in further view of Abotabl and Manolakos don’t teach wherein a third BWP is configured as a unique active BWP of the terminal and the third BWP is a union of the first BWP and the second BWP. However, in analogous art, Cirik disclose wherein a third BWP is configured as a unique active BWP of the terminal and the third BWP is a union of the first BWP and the second BWP (Paragraph [0266] and FIG. 10 disclose switching a UE’s active BWP from separate BWPs (BWP1, BWP2) to a third BWP (BWP3). Under the Broadest Reasonable Interpretation, BWP3 may encompass or unify the resource ranges of BWP1 and BWP2, thereby operating as a unique active BWP that is a union of the first and second BWP). 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 MEHERET WOLDEGEBREAL KIDANE whose telephone number is (571)270-3642. The examiner can normally be reached M-F8:30-5. 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, Ricky Ngo can be reached at 571-272-3139. 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. /M.W.K./Examiner, Art Unit 2464 /KAN YUEN/Primary Examiner, Art Unit 2464
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Prosecution Timeline

Show 3 earlier events
Jul 03, 2025
Response Filed
Sep 18, 2025
Final Rejection mailed — §103
Nov 17, 2025
Response after Non-Final Action
Dec 11, 2025
Request for Continued Examination
Dec 22, 2025
Response after Non-Final Action
Mar 02, 2026
Non-Final Rejection mailed — §103
Jun 01, 2026
Response Filed
Aug 11, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
81%
Grant Probability
99%
With Interview (+26.3%)
2y 12m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 26 resolved cases by this examiner. Grant probability derived from career allowance rate.

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