Prosecution Insights
Last updated: May 29, 2026
Application No. 18/086,686

APPARATUS FOR LOW LATENCY TRANSMISSIONS

Non-Final OA §103§112
Filed
Dec 22, 2022
Priority
Nov 06, 2015 — provisional 62/252,092 +2 more
Examiner
CUNNINGHAM, KEVIN M
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Motorola Mobility LLC
OA Round
4 (Non-Final)
72%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
417 granted / 581 resolved
+13.8% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
37 currently pending
Career history
635
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
90.3%
+50.3% vs TC avg
§102
4.6%
-35.4% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 581 resolved cases

Office Action

§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 . 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 2-21 are 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. Regarding claim 2 (12, 13 and 21), the claim states “transmit information indicating one or more resources associated with no intended transmission by a user equipment (UE)” which is unclear. The specification states a regular latency transmission can be intended for the device. A low latency data transmission may or may not be intended for the device, Para [0138]. Therefore, it is assumed the limitation should state no intended transmission for a UE. 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 2-21 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (US 2016/0234857, hereinafter Chen, claiming priority date of provisional application 62/165,783 and 62/113,066), in view of Yang et al (US 2016/0234853, hereinafter Yang) and in view of Chen et al (US 2016/0226650, hereinafter Chen2, claiming priority of provisional application 62/109,206). Regarding claim 2, Chen discloses a base station (BS, Fig. 9) for wireless communication, the base station comprising: a processor and a memory coupled with the processor (memory and processor, Fig. 9), the memory comprising instructions executable by the processor to cause the base station to: transmit first downlink control information indicating a first set of resources in one or both of a time domain or a frequency domain for a first physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling a low latency transmission to a second UE, Para [0057], a low latency indicator in the PDCCH can indicate the frequency and time domain resources, Para [0062]); transmit second downlink control information indicating a second set of resources in one or both of the time domain or the frequency domain for a second physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling non-low latency transmission to a first UE, Para [0057], BS schedules frequency and time resources for non-low latency, Para [0067]); and transmit information indicating one or more resources associated with no intended transmission for a UE in a subframe scheduled for low-latency transmission the one or more resources associated with the first set of resources and partially overlapping with the second set of resources (low latency indicator indicates frequency and domain resources, Para [0035], non-low latency devices can ignore the symbols for low latency, Para [0031], a UE can use the indicator to mitigate low latency interference and decode non-low latency, Para [0058] and the low latency resources may overlap with the resources scheduled for non-low latency, Para [0061]. Also see Para [0004, 39, 57, 62] from provisional application 62/165,783); but does not disclose where the information indicating one or more resources comprises a DCI format indicating at least one resource block and at least one orthogonal frequency multiplexing symbol where no transmission is intended for a user equipment (UE). Yang discloses DCI format can indicate the PDSCH transmission is not intended for the victim UE, where DCI format can indicate using a bit, that PDSCH is intended for the UE or if it is interference PDSCH (not intended), Para [0099]. 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 Yang in the system of Chen in order to improve interference cancellation techniques by indicating resource allocation information of the interference; and does not disclose the one or more resources are to be ignored or nulled by the UE. Chen2 discloses the BS can transmit to different UEs, where one UE supports low latency and the other doesn’t, where the one UE may ignore the symbols/resources in the sub-frame that is associated with low latency scheduling, Para [0080] or Para [0079] from the provisional. 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 Chen2 in the system of Chen in view of Yang in order to prevent higher latency between transmissions that would decrease system performance for applications that have latency requirements. Regarding claim 3, Chen discloses the base station of claim 2, wherein, to transmit the first downlink control information, the instructions are executable by the processor to cause the base station to: transmit, to a first user equipment (UE) on a first physical downlink control channel, the first downlink control information indicating the first set of resources in one or both of the time domain or the frequency domain for the first physical downlink shared channel (BS can schedule low latency transmission to a second UE, Para [0057], DCI transmitted to UE with DL scheduling assignment, Para [0051], DCI can be associated with a specific UE or multiple users, Para [0052]). Regarding claim 4, Chen discloses the base station of claim 3, wherein, to transmit the second downlink control information, the instructions are executable by the processor to cause the base station to: transmit, to the first UE or a second UE on a second physical downlink control channel, the second downlink control information indicating the second set of resources in one or both of the time domain or the frequency domain for the second physical downlink shared channel (BS can transmit the non-low latency transmission to a first UE, Para [0057], DCI transmitted to UE with DL scheduling assignment, Para [0051], DCI can be associated with a specific UE or multiple users, Para [0052]). Regarding claim 5, Chen discloses the base station of claim 4, wherein, to transmit the information indicating the one or more resources associated with no intended transmission, the instructions are executable by the processor to cause the base station to: transmit, to the first UE, the information indicating the one or more resources associated with no intended transmission (non-low latency devices can ignore the symbols for low latency, Para [0031], a UE can use the indicator to mitigate low latency interference and decode non-low latency, Para [0058]). Regarding claim 6, Chen discloses the base station of claim 5, wherein the instructions are further executable by the processor to cause the base station to: transmit a marker signal indicating the one or more resources of the first set of resources partially overlapping with the second set of resources (low latency transmission may puncture or overlap with the non-low latency transmission, Para [0057], the UE receives an indication of the resources utilized for low latency, Para [0058]). Regarding claim 7, Chen discloses the base station of claim 5, wherein the one or more resources are associated with no intended transmission to the first UE (UE can be a non-low latency or legacy device, where low latency is not intended for that UE, Para [0031]). Regarding claims 8, 16 and 17, Chen discloses the base station/UE of claim 2/13/16, wherein the first set of resources in one or both of the time domain or the frequency domain are associated with a first subframe or a first slot, and wherein the second set of resources in one or both of the time domain or the frequency domain are associated with a second subframe or a second slot (regular PDSCH and low latency can be in either slot, Para [0072], meaning resources for low latency and resources for non-low latency can be associated with either slot 0 or slot 1). Regarding claims 9 and 18, Chen discloses the base station/UE of claim 8/17, wherein the second subframe follows the first subframe (subsequent sub-frame is after the current sub-frame, Para [0007]). Regarding claims 10 and 19, Chen discloses the base station/UE of claim 2/13, wherein the first set of resources comprises a first set of resource blocks, and wherein the second set of resources comprises a second set of resource blocks (resources for low latency may overlap with resource blocks assigned to non-low latency, Para [0033]). Regarding claims 11 and 20, Chen discloses the base station/UE of claim 2/13, wherein the first set of resources comprises a first set of orthogonal frequency division multiplexing symbols, or wherein the second set of resources comprises a second set of orthogonal frequency division multiplexing symbols (orthogonal frequency division multiple access, Para [0003], sub-frames made up of slots including OFDMA symbols, Para [0054]). Regarding claim 12, Chen discloses a method of wireless communication at a base station, the method comprising: transmitting first downlink control information indicating a first set of resources in one or both of a time domain or a frequency domain for a first physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling a low latency transmission to a second UE, Para [0057], a low latency indicator in the PDCCH can indicate the frequency and time domain resources, Para [0062]); transmitting second downlink control information indicating a second set of resources in one or both of the time domain or the frequency domain for a second physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling non-low latency transmission to a first UE, Para [0057], BS schedules frequency and time resources for non-low latency, Para [0067]); and transmitting information indicating one or more resources associated with no intended transmission, the one or more resources associated with the first set of resources and partially overlapping with the second set of resources (low latency indicator indicates frequency and domain resources, Para [0035], non-low latency devices can ignore the symbols for low latency, Para [0031], a UE can use the indicator to mitigate low latency interference and decode non-low latency, Para [0058] and the low latency resources may overlap with the resources scheduled for non-low latency, Para [0061]. Also see Para [0004, 39, 57, 62] from provisional application 62/165,783); but does not disclose where the information indicating one or more resources comprises a DCI format indicating at least one resource block and at least one orthogonal frequency multiplexing symbol where no transmission is intended for a user equipment (UE). Yang discloses DCI format can indicate the PDSCH transmission is not intended for the victim UE, where DCI format can indicate using a bit, that PDSCH is intended for the UE or if it is interference PDSCH (not intended), Para [0099]. 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 Yang in the system of Chen in order to improve interference cancellation techniques by indicating resource allocation information of the interference; and does not disclose the one or more resources are to be ignored or nulled by the UE. Chen2 discloses the BS can transmit to different UEs, where one UE supports low latency and the other doesn’t, where the one UE may ignore the symbols/resources in the sub-frame that is associated with low latency scheduling, Para [0080] or Para [0079] from the provisional. 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 Chen2 in the system of Chen in view of Yang in order to prevent higher latency between transmissions that would decrease system performance for applications that have latency requirements. Regarding claim 13, Chen discloses a user equipment (UE, Fig. 8) for wireless communication, the UE comprising: a processor and a memory coupled with the processor (memory and processor, Fig. 8), the memory comprising instructions executable by the processor to cause the UE to: receive first downlink control information indicating a first set of resources in one or both of a time domain or a frequency domain for a first physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling a low latency transmission to a second UE, Para [0057], a low latency indicator in the PDCCH can indicate the frequency and time domain resources, Para [0062]); and receive information indicating one or more resources associated with no intended transmission, the one or more resources associated with the first set of resources and partially overlapping with a second set of resources (low latency indicator indicates frequency and domain resources, Para [0035], non-low latency devices can ignore the symbols for low latency, Para [0031], a UE can use the indicator to mitigate low latency interference and decode non-low latency, Para [0058] and the low latency resources may overlap with the resources scheduled for non-low latency, Para [0061]. Also see Para [0004, 39, 57, 62] from provisional application 62/165,783); but does not disclose where the information indicating one or more resources comprises a DCI format indicating at least one resource block and at least one orthogonal frequency multiplexing symbol where no transmission is intended for a user equipment (UE). Yang discloses DCI format can indicate the PDSCH transmission is not intended for the victim UE, where DCI format can indicate using a bit, that PDSCH is intended for the UE or if it is interference PDSCH (not intended), Para [0099]. 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 Yang in the system of Chen in order to improve interference cancellation techniques by indicating resource allocation information of the interference; and does not disclose the one or more resources are to be ignored or nulled by the UE. Chen2 discloses the BS can transmit to different UEs, where one UE supports low latency and the other doesn’t, where the one UE may ignore the symbols/resources in the sub-frame that is associated with low latency scheduling, Para [0080] or Para [0079] from the provisional. 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 Chen2 in the system of Chen in view of Yang in order to prevent higher latency between transmissions that would decrease system performance for applications that have latency requirements. Regarding claim 14, Chen discloses the UE of claim 13, wherein the instructions are further executable by the processor to cause the UE to: receive second downlink control information indicating the second set of resources in one or both of the time domain or the frequency domain for a second physical downlink shared channel (BS can transmit the non-low latency transmission to a first UE, Para [0057], DCI transmitted to UE with DL scheduling assignment, Para [0051], DCI can be associated with a specific UE or multiple users, Para [0052]). Regarding claim 15, Chen discloses the UE of claim 13, wherein the instructions are further executable by the processor to cause the UE to: receive a data transmission associated with the one or more resources of the first set of resources partially overlapping with the second set of resources (BS can transmit low latency to a UE, Para [0057]). Regarding claim 21, Chen discloses a method of wireless communication at a user equipment (UE), the method comprising: receiving downlink control information indicating a first set of resources in one or both of a time domain or a frequency domain for a physical downlink shared channel (PDCCH carries DCI including DL scheduling assignments, Para [0051], scheduling a low latency transmission to a second UE, Para [0057], a low latency indicator in the PDCCH can indicate the frequency and time domain resources, Para [0062]); and receiving information indicating one or more resources associated with no intended transmission, the one or more resources associated with the first set of resources and partially overlapping with a second set of resources (low latency indicator indicates frequency and domain resources, Para [0035], non-low latency devices can ignore the symbols for low latency, Para [0031], a UE can use the indicator to mitigate low latency interference and decode non-low latency, Para [0058] and the low latency resources may overlap with the resources scheduled for non-low latency, Para [0061]. Also see Para [0004, 39, 57, 62] from provisional application 62/165,783); but does not disclose where the information indicating one or more resources comprises a DCI format indicating at least one resource block and at least one orthogonal frequency multiplexing symbol where no transmission is intended for a user equipment (UE). Yang discloses DCI format can indicate the PDSCH transmission is not intended for the victim UE, where DCI format can indicate using a bit, that PDSCH is intended for the UE or if it is interference PDSCH (not intended), Para [0099]. 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 Yang in the system of Chen in order to improve interference cancellation techniques by indicating resource allocation information of the interference; and does not disclose the one or more resources are to be ignored or nulled by the UE. Chen2 discloses the BS can transmit to different UEs, where one UE supports low latency and the other doesn’t, where the one UE may ignore the symbols/resources in the sub-frame that is associated with low latency scheduling, Para [0080] or Para [0079] from the provisional. 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 Chen2 in the system of Chen in view of Yang in order to prevent higher latency between transmissions that would decrease system performance for applications that have latency requirements. Response to Arguments Applicant's arguments filed 1/6/2026 have been fully considered but they are not persuasive. Applicant amends the limitations in the claim and argues the 112 rejections are overcome. The 112 rejections remain for different reasons, as there is a minor clarity issue. The claim states transmit information indicating one or more resources associated with no intended transmission by a UE, however it is assumed it should be no intended transmission for a UE, which changes the meaning of the limitation. Applicant also argues Chen does not disclose the amended limitations. In response, argument is moot in view of new references being used in the current office action. 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 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

Show 21 earlier events
Dec 17, 2025
Examiner Interview Summary
Dec 17, 2025
Applicant Interview (Telephonic)
Jan 06, 2026
Response Filed
Feb 27, 2026
Final Rejection mailed — §103, §112
Mar 30, 2026
Interview Requested
Apr 13, 2026
Response after Non-Final Action
Apr 24, 2026
Examiner Interview Summary
Apr 24, 2026
Applicant Interview (Telephonic)

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

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Prosecution Projections

4-5
Expected OA Rounds
72%
Grant Probability
84%
With Interview (+11.9%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 581 resolved cases by this examiner. Grant probability derived from career allowance rate.

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