Prosecution Insights
Last updated: April 19, 2026
Application No. 18/027,778

METHOD AND APPARATUS FOR OPTIMIZING POWER CONSUMPTION OF 5G TERMINAL DURING CONCURRENCY OF SERVICES, DEVICE, AND MEDIUM

Non-Final OA §103
Filed
Mar 22, 2023
Examiner
FIGUEROA, MARISOL
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Spreadtrum Communications (Shanghai) Co. Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
81%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
566 granted / 712 resolved
+17.5% vs TC avg
Minimal +2% lift
Without
With
+1.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
26 currently pending
Career history
738
Total Applications
across all art units

Statute-Specific Performance

§101
6.1%
-33.9% vs TC avg
§103
52.2%
+12.2% vs TC avg
§102
22.2%
-17.8% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 712 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 . 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. Claim Objections Claims 15, 19, 22, 26, 29, and 32 are objected to because of the following informalities: Regarding claims 15, 22, and 29 are objected to because the terms “5G”, “EN-DC”, and “4G-LTE” are acronyms, which could mean different things and/or change in meaning overtime, hence it would be desirable to write out the actual words to which the acronym refers. Regarding claims 19, 26, and 32 are objected to because the term “NR” is an acronym, which could mean different things and/or change in meaning overtime, hence it would be desirable to write out the actual words to which the acronym refers. 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. Claims 15, 22, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over JHA et al. (WO 2020/045952) in view of LI et al. (CN 111225424 – cited on IDS filed on 03/22/2023; see electronic translation for rejection). Regarding claim 15, Jha discloses a method for optimizing power consumption of a 5G terminal during concurrency of services, wherein the 5G terminal is located in an EN-DC network, and the method comprises: detecting whether the 5G terminal is in a state where a voice service and a data service are concurrent (abstract; page 3, p. [15], [50]; embodiments provide an EN-DC capable User Equipment (UE) for providing voice call and data service simultaneously on a plurality of Subscriber Identification Module (SIM), the processor is configured to determine a 4G bearer is established on the first transceiver and a 5G bearer is established on the second transceiver by the first network using the first SIM and determine the voice call is being initiated on the second SIM when the data service is active on the first SIM through the first transceiver and second transceiver – p.[50]). But, Jha does not particularly disclose determining whether the 5G terminal meets a preset power consumption optimization condition, in response to detecting that the 5G terminal is in the state where the voice service and the data service are concurrent; and switching the data service to a 4G LTE network, in response to determining that the 5G terminal meets the preset power consumption optimization condition. However, Li teaches determining whether the 5G terminal meets a preset power consumption optimization condition, in response to detecting that the 5G terminal is in the state where the voice service and the data service are concurrent; and switching the data service to a 4G LTE network, in response to determining that the 5G terminal meets the preset power consumption optimization condition (Li teaches a method to solve the problem of relatively high power consumption caused by fixed use of the 5G data connection in related technologies (see abstract, page 2, lines 18-20; page 7, lines 14-39), the methos includes the steps of: measuring the throughput of the current data connection, judging whether the throughout is less than or equal to the throughput threshold value (i.e., preset power consumption optimization condition), if yes, determine whether the current data connection is a 5G connection; if yes, establish a 4G data connection, and close the 5G (i.e., switching the data service to 4G LTE), the service data is transmitted through the 4G data connection (see page 2, lines 21-27); in a possible embodiment, the terminal device may be in a dual connection mode, that is the terminal has established a 4G data connection and a 5G data connection, the terminal directly closes the 5G connection and continues the use of the 4G data connection (see page 9, lines 22-25)). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Jha with the teachings of Li, in order to reduce the large power consumption associated with the transmission of data via the 5G network. Regarding claim 22, Jha discloses an electronic device (Fig. 1A; UE 100), comprising a memory, a processor, and a computer program stored on the memory and capable of running on the processor (Fig. 1A), wherein the computer program, when being executed by the processor, causes the processor to: detect whether a 5G terminal is in a state where a voice service and a data service are concurrent, wherein the 5G terminal is located in an EN-DC network (abstract; page 3, p. [15], [50]; embodiments provide an EN-DC capable User Equipment (UE) for providing voice call and data service simultaneously on a plurality of Subscriber Identification Module (SIM), the processor is configured to determine a 4G bearer is established on the first transceiver and a 5G bearer is established on the second transceiver by the first network using the first SIM and determine the voice call is being initiated on the second SIM when the data service is active on the first SIM through the first transceiver and second transceiver – p.[50]). But, Jha does not particularly disclose causing the processor to determine whether the 5G terminal meets a preset power consumption optimization condition, in response to detecting that the 5G terminal is in the state where the voice service and the data service are concurrent; and switch the data service to a 4G LTE network, in response to determining that the 5G terminal meets the preset power consumption optimization condition. However, Li teaches causing the processor to determine whether the 5G terminal meets a preset power consumption optimization condition, in response to detecting that the 5G terminal is in the state where the voice service and the data service are concurrent; and switch the data service to a 4G LTE network, in response to determining that the 5G terminal meets the preset power consumption optimization condition (Li teaches a method to solve the problem of relatively high power consumption caused by fixed use of the 5G data connection in related technologies (see abstract, page 2, lines 18-20; page 7, lines 14-39), the methos includes the steps of: measuring the throughput of the current data connection, judging whether the throughout is less than or equal to the throughput threshold value (i.e., preset power consumption optimization condition), if yes, determine whether the current data connection is a 5G connection; if yes, establish a 4G data connection, and close the 5G (i.e., switching the data service to 4G LTE), the service data is transmitted through the 4G data connection (see page 2, lines 21-27); in a possible embodiment, the terminal device may be in a dual connection mode, that is the terminal has established a 4G data connection and a 5G data connection, the terminal directly closes the 5G connection and continues the use of the 4G data connection (see page 9, lines 22-25)). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Jha with the teachings of Li, in order to reduce the large power consumption associated with the transmission of data via the 5G network. Regarding claim 29, Jha discloses a non-transitory computer-readable storage medium (Fig. 1A; i.e., memory) having a computer program stored thereon, wherein the computer program, when being executed by a processor, causes a method for optimizing power consumption of a 5G terminal during concurrency of services to be implemented, the method comprising: detecting whether the 5G terminal is in a state where a voice service and a data service are concurrent (abstract; page 3, p. [15], [50]; embodiments provide an EN-DC capable User Equipment (UE) for providing voice call and data service simultaneously on a plurality of Subscriber Identification Module (SIM), the processor is configured to determine a 4G bearer is established on the first transceiver and a 5G bearer is established on the second transceiver by the first network using the first SIM and determine the voice call is being initiated on the second SIM when the data service is active on the first SIM through the first transceiver and second transceiver – p.[50]). But, Jha does not particularly disclose determining whether the 5G terminal meets a preset power consumption optimization condition, in response to detecting that the 5G terminal is in the state where the voice service and the data service are concurrent; and switching the data service to a 4G LTE network, in response to determining that the 5G terminal meets the preset power consumption optimization condition. However, Li teaches determining whether the 5G terminal meets a preset power consumption optimization condition, in response to detecting that the 5G terminal is in the state where the voice service and the data service are concurrent; and switching the data service to a 4G LTE network, in response to determining that the 5G terminal meets the preset power consumption optimization condition (Li teaches a method to solve the problem of relatively high power consumption caused by fixed use of the 5G data connection in related technologies (see abstract, page 2, lines 18-20; page 7, lines 14-39), the methos includes the steps of: measuring the throughput of the current data connection, judging whether the throughout is less than or equal to the throughput threshold value (i.e., preset power consumption optimization condition), if yes, determine whether the current data connection is a 5G connection; if yes, establish a 4G data connection, and close the 5G (i.e., switching the data service to 4G LTE), the service data is transmitted through the 4G data connection (see page 2, lines 21-27); in a possible embodiment, the terminal device may be in a dual connection mode, that is the terminal has established a 4G data connection and a 5G data connection, the terminal directly closes the 5G connection and continues the use of the 4G data connection (see page 9, lines 22-25)). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify Jha with the teachings of Li, in order to reduce the large power consumption associated with the transmission of data via the 5G network. Allowable Subject Matter Claims 16-21, 23-28, and 30-34 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. Prior Art of Record The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (a)Lu et al. (US 2020/0128494) – Dynamic Power Sharing for Dual Connectivity. (b)Ghelichi et al. (US 2020/0351792) – Power Savings in a Multi-Connectivity User Equipment. (c)Wang et al. (US 2021/0136702) – Pseudo-Dynamic Power Sharing for Increased User Equipment Coverage. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISOL FIGUEROA whose telephone number is (571)272-7840. The examiner can normally be reached Mon-Thurs 8:00am-4:30pm. 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, Jinsong Hu can be reached at 571-272-3965. 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. /MARISOL FIGUEROA/ Primary Examiner Art Unit 2643
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Prosecution Timeline

Mar 22, 2023
Application Filed
Dec 30, 2025
Non-Final Rejection — §103
Apr 08, 2026
Response Filed

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

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
81%
With Interview (+1.8%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 712 resolved cases by this examiner. Grant probability derived from career allow rate.

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