Prosecution Insights
Last updated: April 19, 2026
Application No. 18/040,601

METHOD AND APPARATUS FOR TIMING ADVANCE COMPENSATION

Non-Final OA §101§103§112
Filed
Feb 03, 2023
Examiner
NGUYEN, STEVEN H D
Art Unit
2414
Tech Center
2400 — Computer Networks
Assignee
Lenovo (Beijing) Limited
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
3y 4m
To Grant
92%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
757 granted / 945 resolved
+22.1% vs TC avg
Moderate +12% lift
Without
With
+11.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
40 currently pending
Career history
985
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
44.0%
+4.0% vs TC avg
§102
23.6%
-16.4% vs TC avg
§112
14.0%
-26.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 945 resolved cases

Office Action

§101 §103 §112
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/22/2025 has been entered. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-8 and 10-14 rejected under 35 U.S.C. 101 because a single claim which claims both an apparatus and a method, is directed to non-statutory subject matter. The claim is directed into both such as apparatus "a user equipment (UE) for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the UE to: receive configuration information indicating a reference power; estimate a first timing advance (TA) between the UE and a first base station (BS) based on the reference power; receive an extended random access response (RAR) for adjusting the estimated first TA; and compensate a TA based on the adjusted first TA when initiating a random access procedure to the first BS” and a method “determining a second TA based on the estimated first TA and an offset that is larger than or equal to zero; determining a total TA based on the second TA and at least one of a current TA parameter and a current TA offset; and compensating the TA based on the total TA” are overlaps two different statutory classes. Claims 42-45 rejected under 35 U.S.C. 101 because a single claim which claims both an apparatus and a method, is directed to non-statutory subject matter. The claim is directed into both such as apparatus "a user equipment (UE) for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory and configured to cause the UE to: receive configuration information indicating a reference power; estimate a first timing advance (TA) between the UE and a first base station (BS) based on the reference power; and compensate a TA based on the adjusted first TA when initiating a random access procedure to the first BS” and a method “determining a second TA based on the estimated first TA and an offset that is larger than or equal to zero; determining a total TA based on the second TA and at least one of a current TA parameter and a current TA offset; and compensating the TA based on the total TA” are overlaps two different statutory classes. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-8, 10-14 and 39-45 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. As claims 1, 39 and 42, the claims recites an outer step such as “compensation a TA based on the estimated first TA when initiating a random assess procedure to the first BS” and inner step such as “ compensating the TA based on the total TA”. Therefore, it is vague and indefinite because it is unclear which inner step or outer step are perform compensation or both steps perform compensation. Claim 42 recites the limitation "the adjusted first TA" in line 8. There is insufficient antecedent basis for this limitation in the claim. Claim 42 recites the limitation "the adjusted first TA" in line 8 is vague and indefinite because it is unclear how it’s adjusted. Please clarify, so metes and bound can be determined. Claim Rejections - 35 USC § 103 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 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) 1-3, 10-11, 13-14 and 39-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozturk [US 2020/0252967] in view of Qiu [US 2022/0217790] and Chen [US 2021/0105761]. As claims 1 and 39, Ozturk discloses an user equipment (UE) for wireless communication [Fig 1, Ref 115 includes non-transitory for storing the instructions and communicates with the base stations, Ref 105], at least one memory [Fig 7, Ref 730]; and a processor [Fig 1, Ref 115 includes a processor] coupled with the at least one memory and configured to cause the UE to receive configuration information indicating a reference power [Fig 3, Ref 305 which is configuration message includes RSRP, Par. 0142], estimating a first timing advance (TA) between the UE and a first base station (BS) based on the reference power [Par. 0135 discloses UE determines TA based on RSRP, Par. 0144]. However, Ozturk fails to disclose receive an extended random access response (RAR) for adjusting the estimated first TA and compensating a TA based on the adjusted TA when initiating a random assess procedure to the first BS, by: determining a second TA based on the estimated first TA and an offset that is larger than or equal to zero; determining a total TA based on the second TA and at least one of a current TA parameter and a current TA offset; and compensating the TA based on the total TA. In the same field of endeavor, Qui discloses extended RAR for adjusting the estimating TA [Par. 0055] and compensating a TA based on the adjusted TA when initiating a random assess procedure to the first BS [Par. 0091]. However, Ozturk and Qui fail to disclose receive an random access response (RAR) for adjusting the estimated first TA and compensating a TA based on the adjusted TA when initiating a random assess procedure to the first BS, by: determining a second TA based on the estimated first TA and an offset that is larger than or equal to zero; determining a total TA based on the second TA and at least one of a current TA parameter and a current TA offset; and compensating the TA based on the total TA. In the same field of endeavor, Chen discloses receive an random access response (RAR) for adjusting the estimated first TA and compensating a TA based on the adjusted TA when initiating a random assess procedure to the first BS, by: determining a second TA based on the estimated first TA and an offset that is larger than or equal to zero [Par. 0298 discloses adjusted TA = previous TA with TA of RAR, new TA = adjusted TA with UE TA, total TA = previous TA, network TA and UE TA]; determining a total TA based on the second TA and at least one of a current TA parameter and a current TA offset [Par. 0298 discloses adjusted TA = previous TA with TA of RAR, new TA = adjusted TA with UE TA, total TA = previous TA, network TA and UE TA]; and compensating the TA based on the total TA [Par. 0298 discloses adjusted TA = previous TA with TA of RAR, new TA = adjusted TA with UE TA, total TA = previous TA, network TA and UE TA]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for compensating the msg3 with total TA from TA indicator from RAR, estimated TA UE and UE TA correct as disclosed by Chen into Li such as extended RAR into the teaching of Ozturk. The motivation would have been to prevent data loss. As claims 2 and 40, Ozturk discloses the configuration information is included in a radio resource control (RRC) signaling or broadcasted in a system information block (SIB) [Par. 0133 discloses RRC or SIB]. As claims 3 and 41, Ozturk discloses configuration information is received from a second BS different from the first BS [Fig 1, Ref 115 communicates with first base station and second base station for receiving the configuration message]. As claim 10, Qui discloses the TA is compensated when transmitting a random access preamble in a 4-step random access procedure [Par. 0038 discloses TA used for 4-step RACH]. As claim 11, Qui discloses the TA is compensated when transmitting a random access preamble and an uplink transmission in a 2-step random access procedure [Par. 0038 discloses TA used for 2-step RACH]. As claim 13, Ozturk discloses enabling a reference power based TA compensation after receiving the reference power [Par.0135 discloses configuration message does not include TA, then enabling reference power]. As claim 14, Ozturk discloses receiving an indication indicating a presence of the reference power or an enablement of a reference power based TA compensation; enabling the reference power based TA compensation after receiving the indication [Par. 0135 discloses configuration message does not include TA, then enabling reference power]. Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozturk, Chen and Qiu as applied to claim 1 above, and further in view of Koskela [US 2019/0387441]. As claim 4, Ozturk, Chen and Qiu fail to disclose the reference power is determined based on a maximum receiving power associated with the first BS and an offset, wherein the offset is larger than or equal to zero. In the same field of endeavor, Koskela [US 2019/0387441] discloses the reference power is determined based on a maximum receiving power associated with the first BS and an offset, wherein the offset is larger than or equal to zero [Par. 0136 discloses RSRP threshold is determined quality “received power” such as RSRP and predetermined amount “offset”]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for determining the reference power based on a maximum receiving power associated with the first BS and an offset, wherein the offset is larger than or equal to zero as disclosed by Koskela into the teaching of Ozturk, Chen and Qiu. The motivation would have been to support beamforming and carrier aggregation. As claim 5, Ozturk, Chen and Qiu fail to disclose the reference power is determined based on a receiving power at a reference point associated with the first BS and an offset, wherein the offset is larger than or equal to zero. In the same field of endeavor, Koskela [US 2019/0387441] discloses the reference power is determined based on a receiving power at a reference point associated with the first BS and an offset, wherein the offset is larger than or equal to zero [Par. 0136 discloses RSRP threshold is determined quality “received power” such as RSRP at reference point “maximized” and predetermined amount “offset”]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for determining the reference power based on a receiving power at a reference point associated with the first BS and an offset, wherein the offset is larger than or equal to zero as disclosed by Koskela into the teaching of Ozturk, Chen and Qiu. The motivation would have been to support beamforming and carrier aggregation. Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozturk, Qui and Chen as applied to claims 1 above, and further in view of Jeon [2020/0107369]. As claim 6, Ozturk, Chen and Qiu fail to disclose the reference power is determined based on a transmitting power associated with the first BS and an offset, wherein the offset is larger than or equal to than zero. In the same field of endeavor, Jeon [2020/0107369] discloses the reference power is determined based on a transmitting power associated with the first BS and an offset, wherein the offset is larger than or equal to than zero [Par. 0316 discloses reference power is based on pathloss = transmission power – received power and margin]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for determining the reference power based on a transmitting power associated with the first BS and an offset, wherein the offset is larger than or equal to than zero as disclosed by Jeo the teaching of Ozturk, Chen and Qiu. The motivation would have been to support beamforming and carrier aggregation. As claim 7, Ozturk, Chen and Qiu fail to disclose the reference power is determined based on a transmitting power at an antenna unit associated with the first BS, a pathloss from the first BS to the antenna unit, and an offset, wherein the offset is larger than or equal to zero. In the same field of endeavor, Jeon [2020/0107369] discloses the reference power is determined based on a transmitting power at an antenna unit associated with the first BS, a pathloss from the first BS to the antenna unit, and an offset, wherein the offset is larger than or equal to zero [Par. 0316 discloses reference power is based on pathloss = transmission power – received power between one point to another point and margin]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for determining the reference power based on a transmitting power at an antenna unit associated with the first BS, a pathloss from the first BS to the antenna unit, and an offset, wherein the offset is larger than or equal to zero as disclosed by Jeon into the teaching of Ozturk, Qui and Chen. The motivation would have been to support beamforming and carrier aggregation. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozturk, Chen and Qiu as applied to claim 1 above, and further in view of Yamazaki [US 2019/0274131]. As claim 8, Ozturk, Chen and Qiu fail to disclose estimating the first TA between the UE and the first BS comprises estimating the first TA based on the reference power, a receiving power at the UE, and a pathloss function. In the same field of endeavor, Yamazaki [US 2019/0274131] discloses estimating the first TA between the UE and the first BS comprises estimating the first TA based on the reference power, a receiving power at the UE, and a pathloss function [Par. 0100-0103 discloses transmission power “reference power” and RSRP is received power and path loss is transmission - receiving]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for estimating the first TA between the UE and the first BS comprises estimating the first TA based on the reference power, a receiving power at the UE, and a pathloss function as disclosed by Yamazaki to the teaching of Ozturk, Chen and Qiu. The motivation would have been to support beamforming and carrier aggregation. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozturk, Qui and Chen as applied to claim 1 above, and further in view of Li [US 2023/0143073]. As claim 12, Ozturk, Chen and Qiu fail to disclose the configuration information is received at the UE when a propagation delay associated with the first BS is larger than a threshold. In the same field of endeavor, Li discloses the configuration information is received at the UE when a propagation delay associated with the first BS is larger than a threshold [Par. 0105-0106, 0111-0124 discloses based on propagation delays, the UE receives a prach configuration based on associating between prach configuration and propagation delay]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for sending the configuration information to the UE when a propagation delay associated with the first BS is larger than a threshold as disclosed by Li to the teaching of Ozturk, Chen and Qiu. The motivation would have been to support beamforming and carrier aggregation. Claim(s) 42-44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozturk [US 2020/0252967] in view of Chen [US 2021/0105761]. As claim 42, Ozturk discloses an user equipment (UE) for wireless communication [Fig 1, Ref 115 includes non-transitory for storing the instructions and communicates with the base stations, Ref 105], at least one memory [Fig 7, Ref 730]; and a processor [Fig 1, Ref 115 includes a processor] coupled with the at least one memory and configured to cause the UE to receive configuration information indicating a reference power [Fig 3, Ref 305 which is configuration message includes RSRP, Par. 0142], estimating a first timing advance (TA) between the UE and a first base station (BS) based on the reference power [Par. 0135 discloses UE determines TA based on RSRP, Par. 0144]. However, Ozturk fails to disclose compensate a TA based on the adjusted first TA when initiating a random access procedure to the first BS, by: determining a second TA based on the estimated first TA and an offset that is larger than or equal to zero; determining a total TA based on the second TA and at least one of a current TA parameter and a current TA offset; and compensating the TA based on the total TA. In the same field of endeavor, Chen discloses compensating a TA based on the adjusted TA when initiating a random assess procedure to the first BS, by: determining a second TA based on the estimated first TA and an offset that is larger than or equal to zero [Par. 0298 discloses adjusted TA = previous TA with TA of RAR, new TA = adjusted TA with UE TA, total TA = previous TA, network TA and UE TA]; determining a total TA based on the second TA and at least one of a current TA parameter and a current TA offset [Par. 0298 discloses adjusted TA = previous TA with TA of RAR, new TA = adjusted TA with UE TA, total TA = previous TA, network TA and UE TA]; and compensating the TA based on the total TA [Par. 0298 discloses adjusted TA = previous TA with TA of RAR, new TA = adjusted TA with UE TA, total TA = previous TA, network TA and UE TA]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for compensating the msg3 with total TA from TA indicator from RAR, estimated TA UE and UE TA correct as disclosed by Chen into the teaching of Ozturk. The motivation would have been to prevent data loss. As claims 43, Ozturk discloses the configuration information is included in a radio resource control (RRC) signaling or broadcasted in a system information block (SIB) [Par. 0133 discloses RRC or SIB]. As claim 44, Ozturk discloses configuration information is received from a second BS different from the first BS [Fig 1, Ref 115 communicates with first base station and second base station for receiving the configuration message]. Claim(s) 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ozturk and Chen as applied to claim 42 above, and further in view of Yamazaki [US 2019/0274131]. As claim 45, Ozturk and Murray fail to disclose estimating the first TA between the UE and the first BS comprises estimating the first TA based on the reference power, a receiving power at the UE, and a pathloss function. In the same field of endeavor, Yamazaki [US 2019/0274131] discloses estimating the first TA between the UE and the first BS comprises estimating the first TA based on the reference power, a receiving power at the UE, and a pathloss function [Par. 0100-0103 discloses transmission power “reference power” and RSRP is received power and path loss is transmission - receiving]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to apply a method and system for estimating the first TA between the UE and the first BS comprises estimating the first TA based on the reference power, a receiving power at the UE, and a pathloss function as disclosed by Yamazaki to the teaching of Ozturk and Chen. The motivation would have been to support beamforming and carrier aggregation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN HIEU D NGUYEN whose telephone number is (571)272-3159. The examiner can normally be reached 9-5. 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, Edan Orgad can be reached at 571-272-7884. 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. /STEVEN HIEU D NGUYEN/Primary Examiner, Art Unit 2414
Read full office action

Prosecution Timeline

Feb 03, 2023
Application Filed
Jun 03, 2025
Non-Final Rejection — §101, §103, §112
Sep 05, 2025
Response Filed
Sep 23, 2025
Final Rejection — §101, §103, §112
Nov 25, 2025
Response after Non-Final Action
Dec 22, 2025
Request for Continued Examination
Jan 08, 2026
Response after Non-Final Action
Mar 13, 2026
Non-Final Rejection — §101, §103, §112 (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

3-4
Expected OA Rounds
80%
Grant Probability
92%
With Interview (+11.8%)
3y 4m
Median Time to Grant
High
PTA Risk
Based on 945 resolved cases by this examiner. Grant probability derived from career allow rate.

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