Prosecution Insights
Last updated: April 19, 2026
Application No. 18/019,288

METHODS AND APPARATUS FOR DYNAMIC SPECTRUM SHARING

Final Rejection §103
Filed
Feb 02, 2023
Examiner
CUNNINGHAM, KEVIN M
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
InterDigital Patent Holdings, Inc.
OA Round
4 (Final)
72%
Grant Probability
Favorable
5-6
OA Rounds
2y 9m
To Grant
84%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
413 granted / 577 resolved
+13.6% vs TC avg
Moderate +12% lift
Without
With
+12.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
57 currently pending
Career history
634
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
58.0%
+18.0% vs TC avg
§102
13.3%
-26.7% vs TC avg
§112
21.9%
-18.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 577 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 . 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. Claims 21, 22, 24-27, 29, 31, 32, 34-37, 39, 41 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US 2021/0168774, hereinafter Li), in view of Papasakellariou (US 2021/0076387, hereinafter Papasakellariou, claiming priority of both provisional applications) and in view of Yi et al (US 2021/0274535, hereinafter Yi, claiming priority date of all provisional applications). Regarding claim 21, Li discloses a method implemented by a wireless transmit receive unit (WTRU), the method comprising: receiving configuration information indicating that transmissions performed using a primary cell (PCell) can be scheduled via the PCell or a secondary cell (SCell) (transmission on Pcell may be scheduled by the scheduling Scell, Para [0009], PDCCH is configured in search space on scheduling Scell, Para [0057]); determining a maximum number of physical downlink control channel (PDCCH) candidates to monitor in a slot for scheduling of the transmissions performed using the PCell (UE determines single maximum number of PDCCH candidates for PDCCH monitoring on the Pcell and Scell, Para [0011], UE determines maximum number of PDCCH candidates for PDCCH monitoring on Pcell, Para [0013]); determining that a first fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the PCell and that a second fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the SCell (single maximum number of PDCCH candidates are determined for Pcell and Scell, Para [0058], fractional number p is used to determine the number of monitored PDCCHs candidates applied to PDCCH detections on Pcell and fractional number s is used to determine the number of monitored PDCCHs candidates applied to PDCCH detections on Scell, where p+s=1, Para [0069]); and decoding one or more PDCCH transmissions scheduling one or more of the transmissions on the PCell via the PCell or the SCell (UE may decode one or more PDCCH candidates on the scheduling Scell for DCI, where the DCI may schedule PDSCH transmission on the Pcell, Para [0009]); but does not disclose receiving DCI, wherein the DCI comprises a bitfield that indicates which cell to use for a physical uplink control channel (PUCCH) transmission. Papasakellariou discloses the UE can receive DCI including a field indicating which of two cells to transmit the PUCCH on, Para [0109], the bit in the field indicates which of the cells to transmit PUCCH on, Para [0110]. Also see page 27-28 of provisional application 62/897,769. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Papasakellariou in the system of Li in order to improve flexibility of communication thereby improving data rates and reduced latency; but not further comprising receiving a medium access control (MAC) control element (CE) that indicates deactivation the SCell. Yi discloses Scell can be deactivated using a MAC CE, Para [0173]; nor fully discloses determining the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the PCell for scheduling of the transmission performed using the PCell based on the Scell being deactivated. Yi discloses the Scell can be deactivated and the UE will stop reception of PDCCH on the Scell, Para [0173] and the UE would no longer need to monitor for PDCCH on the Scell as it is deactivated. Li discloses the UE may determine a single maximum number of PDCCH candidates to be shared for monitoring on the PDCCH on the Pcell and the Scell, Para [0011], where the Scell is deactivated and the single maximum number for monitoring PDCCH is applies to the Pcell without sharing with the deactivated Scell. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yi in the system of Li in view of Papasakellariou in order to improve reliability and control signaling throughput by further improvements of self-carrier scheduling and cross-carrier scheduling. Regarding claims 22 and 32, Li discloses the method/WTRU of claim 21/31, further comprising: monitoring the PCell using the first fraction of the maximum number of PDCCH candidates applicable to PDCCH monitoring in the PCell; monitoring the SCell using the second fraction of the maximum number of PDCCH candidates applicable to PDCCH monitoring in the SCell (single maximum number of monitored PDCCH candidates, monitoring PDCCH candidates on Pcell and Scell, Para [0058], fractional values p and s are used to determine the maximum number, Para [0069]); but does not disclose stopping monitoring of PDCCH candidates in the SCell for scheduling of transmissions performed using the PCell based on deactivation of the SCell. Yi discloses a Scell can be deactivated and the wireless device will stop PDCCH reception on that Scell, Para [0173] and therefore stop monitoring for PDCCH on that Scell. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yi in the system of Li in view of Papasakellariou in order to improve reliability and control signaling throughput by further improvements of self-carrier scheduling and cross-carrier scheduling. Regarding claims 24 and 34, Li discloses the method/WTRU of claim 21/31, but not wherein the indication that deactivates the SCell indicates to monitor the maximum number of PDCCH candidates only in the PCell. Yi discloses a Scell can be deactivated and the wireless device will stop PDCCH reception on that Scell, Para [0173] and therefore stop monitoring for PDCCH on that Scell and Scell can be deactivated using a MAC CE, Para [0173], where an explicit indication would be routine with one in ordinary skill in the art. Regarding claims 25 and 35, Li discloses the method/WTRU of claim 21/31, wherein the configuration information further indicates the first fraction of the maximum number of PDCCH candidates that are applicable to PDCCH monitoring in the PCell (Scaling factors p and s can be configured by RRC signaling, Para [0063]). Regarding claims 26 and 36, Li discloses the method/WTRU of claim 21/31, further comprising selecting search spaces in increasing order of priority until the maximum number of PDCCH candidates is reached (applying priority to PDCCH monitoring when the number of PDCCH detections configured for Pcell and Scell is beyond UE capability, Para [0106], the number of PDCCH candidates can be allocated in ascending order of search space index, where the prioritized search space has smaller search index, Para [0107], UE drops search space sets when maximum is reached, Para [0010]). Regarding claims 27 and 37, Li discloses the method/WTRU of claim 21/31, further comprising determining a time duration associated with the maximum number of PDCCH candidates based on a subcarrier spacing associated with the PCell or a subcarrier spacing associated with the SCell (limitation on the number of monitored PDCCH candidates is derived from numerology of the scheduling cell, for a DL BWP with SCS configuration u, for a UE per time unit, the time unit can be a slot Para [0052]). Regarding claims 29 and 39, Li discloses the method/WTRU of claim 21/31, further comprising: determining a maximum number of non-overlapping control channel elements (CCEs) to monitor in the slot for scheduling of transmissions performed using the PCell; and determining that a first fraction of the maximum number of non-overlapping CCEs are applicable to PDCCH monitoring in the PCell and that a second fraction of the maximum number of non-overlapping CCEs are applicable for PDCCH monitoring in the SCell (single maximum number of non-overlapped CCEs are determined for Pcell and Scell, Para [0058], fractional number p is used to determine the number of non-overlapped CCEs applied to PDCCH detections on PCell and fractional number s is used to determine the number of non-overlapped CCEs applied to PDCCH detections on Scell, where p+s=1, Para [0069]). Regarding claim 31, Li discloses a wireless transmit receive unit (WTRU, Fig. 2) comprising a processor and a memory (processing circuitry and memory, Fig. 2), wherein the processor is configured to: receive configuration information indicating that transmissions performed using a primary cell (PCell) can be scheduled via the PCell or a secondary cell (SCell) (transmission on Pcell may be scheduled by the scheduling Scell, Para [0009], PDCCH is configured in search space on scheduling Scell, Para [0057]); determine a maximum number of physical downlink control channel (PDCCH) candidates to monitor in a slot for scheduling of the transmissions performed using the PCell (UE determines single maximum number of PDCCH candidates for PDCCH monitoring on the Pcell and Scell, Para [0011], UE determines maximum number of PDCCH candidates for PDCCH monitoring on Pcell, Para [0013]); determine that a first fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the PCell and that a second fraction of the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the SCell (single maximum number of PDCCH candidates are determined for Pcell and Scell, Para [0058], fractional number p is used to determine the number of monitored PDCCHs candidates applied to PDCCH detections on Pcell and fractional number s is used to determine the number of monitored PDCCHs candidates applied to PDCCH detections on Scell, where p+s=1, Para [0069]); and decode one or more PDCCH transmissions scheduling one or more of the transmissions on the PCell via the PCell or the SCell (UE may decode one or more PDCCH candidates on the scheduling Scell for DCI, where the DCI may schedule PDSCH transmission on the Pcell, Para [0009]); but does not disclose receiving DCI, wherein the DCI comprises a bitfield that indicates which cell to use for a physical uplink control channel (PUCCH) transmission. Papasakellariou discloses the UE can receive DCI including a field indicating which of two cells to transmit the PUCCH on, Para [0109], the bit in the field indicates which of the cells to transmit PUCCH on, Para [0110]. Also see page 27-28 of provisional application 62/897,769; but not further comprising receiving a medium access control (MAC) control element (CE) that indicates deactivation the SCell. Yi discloses Scell can be deactivated using a MAC CE, Para [0173]; nor fully discloses determining the maximum number of PDCCH candidates are applicable to PDCCH monitoring in the PCell for scheduling of the transmission performed using the PCell based on the Scell being deactivated. Yi discloses the Scell can be deactivated and the UE will stop reception of PDCCH on the Scell, Para [0173] and the UE would no longer need to monitor for PDCCH on the Scell as it is deactivated. Li discloses the UE may determine a single maximum number of PDCCH candidates to be shared for monitoring on the PDCCH on the Pcell and the Scell, Para [0011], where the Scell is deactivated and the single maximum number for monitoring PDCCH is applicable to Pcell without sharing with the deactivated Scell. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Yi in the system of Li in view of Papasakellariou in order to improve reliability and control signaling throughput by further improvements of self-carrier scheduling and cross-carrier scheduling. Regarding claims 41 and 42, Li discloses the method/WTRU of claim 21/31, wherein the maximum number of PDCCH candidates corresponds to the first fraction of PDCCH candidates and the second fraction of PDCCH candidates (single maximum number of PDCCH candidates are determined for Pcell and Scell, Para [0058], fractional number p is used to determine the number of monitored PDCCHs candidates applied to PDCCH detections on Pcell and fractional number s is used to determine the number of monitored PDCCHs candidates applied to PDCCH detections on Scell, where p+s=1, Para [0069]). Allowable Subject Matter Claims 28, 30, 38 and 40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Arguments Applicant's arguments filed 8/18/2025 have been fully considered but they are not persuasive. Applicant argues the references do not disclose the limitations in the claim. Applicant argues over the references of Li and Yi. Applicant states Yi discloses deactivating the Scell but does not disclose how to configure determining a maximum number of PDCCH candidates for monitoring the Pcell based on the Scell being deactivated. Applicant argues Li discloses factional values p and s are used to determine the numerology related to maximum numbers of monitored PDCCH candidates. Applicant admits Li discloses a UE is configured to determine a maximum number of PDCCH candidates shared between a Pcell and Scell. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Applicant just argues over Yi alone and not the combination of Yi in view of Li. Yi discloses the Scell can be deactivated and the UE will stop reception of PDCCH on the Scell, Para [0173] and the UE would no longer need to monitor for PDCCH on the Scell as it is deactivated. Li discloses the UE may determine a single maximum number of PDCCH candidates to be shared for monitoring on the PDCCH on the Pcell and the Scell, Para [0011], where the Scell is deactivated and the single maximum number for monitoring PDCCH is applicable to Pcell without sharing with the deactivated Scell. Li discloses a single maximum number of PDCCH candidates for monitoring to be shared between the Pcell and Scell, where the Scell is deactivated in view of Yi, and therefore the single maximum number is applicable to just the Pcell. Applicant argues Li is silent on how PDCCH candidates are reallocated after Scell deactivation or how to determine the maximum number of PDCCH candidates for monitoring PDCCH when one or more Scell are deactivated. In response, if Li disclosed what Applicant argues over then the rejection would be a 102 rejection. Li does not explicitly disclose these features alone but in combination with the other references. Li does not disclose Scell deactivation but Yi does. Yi also discloses there is no need to monitor the Scell after deactivation. Li discloses the UE may determine a single maximum number of PDCCH candidates to be shared for monitoring on the PDCCH on the Pcell and the Scell, Para [0011]. The single maximum number is to be shared by Pcell and SCell, except Scell is deactivated and therefore the maximum number is available for the PCell. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
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Prosecution Timeline

Feb 02, 2023
Application Filed
Feb 02, 2023
Response after Non-Final Action
Jul 31, 2024
Non-Final Rejection — §103
Dec 03, 2024
Response Filed
Dec 15, 2024
Final Rejection — §103
Mar 07, 2025
Request for Continued Examination
Mar 21, 2025
Response after Non-Final Action
May 18, 2025
Non-Final Rejection — §103
Aug 18, 2025
Response Filed
Sep 02, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
72%
Grant Probability
84%
With Interview (+12.2%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 577 resolved cases by this examiner. Grant probability derived from career allow rate.

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