Prosecution Insights
Last updated: April 18, 2026
Application No. 18/026,193

METHOD, DEVICE AND COMPUTER READABLE MEDIUM FOR COMMUNICATION

Non-Final OA §102
Filed
Mar 14, 2023
Examiner
AJIBADE AKONAI, OLUMIDE
Art Unit
3648
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
NEC Corporation
OA Round
3 (Non-Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
3y 2m
To Grant
93%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
989 granted / 1172 resolved
+32.4% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
29 currently pending
Career history
1201
Total Applications
across all art units

Statute-Specific Performance

§101
6.3%
-33.7% vs TC avg
§103
44.9%
+4.9% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
14.8%
-25.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1172 resolved cases

Office Action

§102
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 27, 2026 has been entered. Response to Arguments Applicant's arguments filed February 27, 2026 have been fully considered but they are not persuasive. Regarding claims 25 and 28, the applicant asserts that Grant fails to teach or suggest, as recited in the claims: “(i) comprise uplink symbol(s) or flexible symbol(s) for time-domain location(s) for all RS resources in a resource set, (ii) satisfy a minimum timing requirement between the triggering PDCCH and all the RS resources in the resource set, and (iii) include symbol(s) indicated as flexible by the identified configuration(s),” as recited in the claims. Specifically, the applicant asserts that Grant fails to teach selecting an available slot based on the latest determination among a plurality of determinations (completed no later than slot n) of a slot satisfying the above-cited “available slot” requirements for the resource set and minimum timing requirement. The examiner respectfully disagrees. Fig. 9 and pages 23-25 of Grant teaches the UE being triggered to transmit only in the uplink symbols or flexible symbols for time-domain locations for all RS resources in a resource set. Specifically, the cited figs. and pages in Grant (figs. 7 and 9, page 18, lines 20-21, page 23, line 32 - page 24, line 23, page 25, lines 8-11) teach the wireless device transmitting in a slot that is not a downlink slot based on the indicated additional slot offset Δ. The additional slot offset is provided so that the UE/wireless device only transmits in the flexible symbol slot for time-domain locations of the resource set. The additional slot offset also ensures that the UE/wireless device transmits in the uplink symbol or flexible symbol time-domain locations of the RS resources that is right after the downlink slot (see fig. 9, Δ =1 and Δ =5, wherein, if the DCI is received at 906, Δ =1, and if DCI is received at 901 Δ =5, which both represent the minimum time between DCI triggering and all the RS resources in the resource set) (see fig. 9, page 18, lines 18-20, page 24, lines 1-35, page 25, lines 30-34, page 27, lines 1-25). This reads on the limitations “(i) comprise uplink symbol(s) or flexible symbol(s) for time-domain location(s) for all RS resources in a resource set, and (ii) satisfy a minimum timing requirement between the triggering PDCCH and all the RS resources in the resource set, and (iii) include symbol(s) indicated as flexible by the identified configuration(s)” as recited in the claims. The examiner is interpreting the limitation “latest determination among a plurality of determinations (completed no later than slot n),” as recited in the claims, according to paragraph [0056] of the applicant’s specification. Based on the description provided in this paragraph, Grant’s disclosure of slots 902-906 (if slot n is 901) or slots 905-906 (if slot n is 904) disclose applicant’s claim limitation because the determinations not later than slot n are determinations of all DL time slots, which precede receiving the DCI triggering aperiodic SRS at slots 901 or 904. In fig. 9 of Grant, the DL slots 901-906 are already known before the UE receives the DCI triggering aperiodic SRS (including additional slot offset Δ) in slots 901 or 904. These are time slots the UE knows it should not transmit to, thus enables the UE/wireless device to determine the flexible slot in which the UE should transmit the reference signal (fig. 9, page 23, lines 12-30, page 24 – page 27, line 25). The examiner therefore maintains that Grant discloses the limitation “the available slot is based on a latest determination of a plurality of determinations no later than slot n,” as recited in claims 25 and 28. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 25 and 28 are rejected under 35 U.S.C. 102(a0(1)/102(a)(2) as being anticipated by Grant et al WO 2020084362 A1 (hereinafter Grant). Regarding claim 25, Grant discloses a method for a terminal (UE/wireless device, see page 11, lines 17-18, page 13, lines 8-21) comprising: receiving an indication in a slot n for triggering a transmission of a reference signal (page 18, lines 18-20, page 23, lines 8-15 and 27-28); and transmitting the reference signal in an available slot (figs. 7 and 9, page 18, lines 20-21, page 23, line 32 - page 24, lines 23, page 25, lines 8-11); wherein: the available slot comprises uplink symbol(s) or flexible symbol(s) for a time-domain location(s) for all RS resources in a resource set (wireless device transmits the SRS in a slot that is not a downlink slot, figs. 7 and 9, page 18, lines 20-21, page 23, line 32 - page 24, line 23, page 25, lines 8-11); and the available slot satisfies a minimum timing requirement between triggering PDCCH and all the RS resources in the resource set (slot n+k+Δ, which is the first slot that is not downlink slot after a DCI aperiodic triggering SRS is received in slot n, see fig. 9, page 18, lines 18-20, page 24, lines 1-35, page 25, lines 30-34, page 27, lines 1-25); symbol(s) in the available slot is indicated as flexible by tdd-UL-DL- ConfigurationCommon and/or tdd-UL-DL-ConfigDedicated (page 22, lines 31-34, page 27, lines 17-25); and the available slot is based on a latest determination of a plurality of determinations no later than slot n (slots 901-906, already determined or known as DL slots prior to receiving the DCI triggering aperiodic SRS with slot n+k+Δ, based on additional slot offset Δ. If slot n is 901, the UE already knows/determines slots 902-906 as DL slots, thus enabling UE to skip the DL slots at Δ=5, fig. 9, page 23, lines 12-30, page 24 – page 27, line 25). Regarding claim 28, Grant discloses a terminal comprising a processor (WD/UE, see figs. 10 and 11, page 27, lines 31-33, page 35, lines 1-8, page 38, lines 6-14, page 40, lines 6-34) configured to: receive an indication in a slot n for triggering a transmission of a reference signal (page 18, lines 18-20, page 23, lines 8-15 and 27-28); and transmit the reference signal in an available slot (figs. 7 and 9, page 18, lines 20-21, page 23, line 32 - page 24, lines 23, page 25, lines 8-11), wherein: the available slot comprises uplink symbol(s) or flexible symbol(s) for a time-domain location(s) for all RS resources in a resource set (wireless device transmits the SRS in a slot that is not a downlink slot, figs. 7 and 9, page 18, lines 20-21, page 23, line 32 - page 24, line 23, page 25, lines 8-11); and the available slot satisfies a minimum timing requirement between triggering PDCCH and all the RS resources in the resource set (slot n+k+Δ, which is the first slot that is not downlink slot after a DCI aperiodic triggering SRS is received in slot n, see fig. 9, page 18, lines 18-20, page 24, lines 1-35, page 25, lines 30-34, page 27, lines 1-25); symbol(s) in the available slot is indicated as flexible by tdd-UL-DL- ConfigurationCommon and/or tdd-UL-DL-ConfigDedicated (page 22, lines 31-34, page 27, lines 17-25); and the available slot is based on a latest determination of a plurality of determinations no later than slot n (slots 901-906, already determined or known as DL slots prior to receiving the DCI triggering aperiodic SRS with slot n+k+Δ, based on additional slot offset Δ. If slot n is 901, the UE already knows/determines slots 902-906 as DL slots, thus enabling UE to skip the DL slots at Δ=5, fig. 9, page 23, lines 12-30, page 24 – page 27, line 25). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUMIDE T AJIBADE AKONAI whose telephone number is (571)272-6496. The examiner can normally be reached Monday-Friday 8AM-4PM. 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, RESHA DESAI can be reached at 571-270-7792. 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. /OLUMIDE AJIBADE AKONAI/Primary Examiner, Art Unit 3648
Read full office action

Prosecution Timeline

Mar 14, 2023
Application Filed
May 09, 2025
Non-Final Rejection — §102
Oct 14, 2025
Response Filed
Oct 24, 2025
Final Rejection — §102
Feb 27, 2026
Request for Continued Examination
Mar 20, 2026
Response after Non-Final Action
Apr 02, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12593304
WIRELESS LAN SIGNAL BASED MOTION DETECTION METHOD AND DEVICE
2y 5m to grant Granted Mar 31, 2026
Patent 12591911
Exclusive Delivery of Content Within Geographic Areas
2y 5m to grant Granted Mar 31, 2026
Patent 12591912
Exclusive Delivery of Content Within Geographic Areas
2y 5m to grant Granted Mar 31, 2026
Patent 12581565
METHOD AND APPARATUS FOR OPERATING DRX TIMER BY USER EQUIPMENT IN WIRELESS COMMUNICATION SYSTEM
2y 5m to grant Granted Mar 17, 2026
Patent 12579554
Exclusive Delivery of Content Within Geographic Areas
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
93%
With Interview (+8.9%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 1172 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month