Prosecution Insights
Last updated: April 19, 2026
Application No. 18/145,950

Apparatus and method of wireless communication

Non-Final OA §103
Filed
Dec 23, 2022
Examiner
PHUNKULH, BOB A
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
4 (Non-Final)
89%
Grant Probability
Favorable
4-5
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
835 granted / 935 resolved
+31.3% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
27 currently pending
Career history
962
Total Applications
across all art units

Statute-Specific Performance

§101
5.1%
-34.9% vs TC avg
§103
40.4%
+0.4% vs TC avg
§102
32.9%
-7.1% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 935 resolved cases

Office Action

§103
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 . DETAILED ACTION This communication is in response to applicant’s 11/17/2025 amendment/responses in the application of LIN for “APPARATUS AND METHOD OF WIRELESS COMMUNICATION” filed 12/23/2022. The amendments/response to the claims have been entered. Claims 142-143, 156 have been canceled. Claims 158-159 have been added. Claims 138-139, 144-149, 152-153, 157-159 are now pending. 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. Claim(s) 138-139, 145-157, 148-149, 152-153, 157 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEI et al. (US 2022/0304059 A1), hereinafter LEI in view of SINGH (US 2023/0413320 A1), hereinafter SINGH. Regarding claim 138, LEI discloses a wireless communication method by a user equipment (UE), comprising: determining a channel occupancy (CO) according to a first information, wherein the first information comprise condition (the COT sharing requested indicator is a one-bit indicator included in a field of DCI, e.g., UL grant, see ¶ 0037), and the CO comprises at least one of a UE initiated CO or a BS initiated CO, wherein the condition comprises an ordering, and the UE selects the UE initiated CO or BS initiated CO according to the ordering (the BS may, in operation 402, transmit a COT sharing requested indicator to the UE, so as to request the UE to share the UE-initiated COT with the BS for downlink transmission… the COT sharing requested indicator is a one-bit indicator included in a field of DCI, e.g., UL grant. It is contemplated that, the DCI is for scheduling one or more PUSCHs for transmitting the uplink data in the UE-initiated COT…the UL grant may include a COT sharing indicator that indicates the BS-initiated COT is shared with the UE for PUSCH transmission, see ¶ 0037); and transmitting, to a base station (BS), an uplink (UL) transmission in the CO (the UE transmits the PUSCH(s) in the COT in operation 414, see ¶ 0047, 0048, 0049). wherein the UE obtains information about if a BS CO is initiated and when the BS CO is initiated, such that the UE can transmit the UL transmission in the BS initiated CO (a gNB-initiated COT can be shared to a UE for scheduled PUSCH transmission and configured grant PUSCH (CG-PUSCH) transmission, see ¶ 0032, 037). LEI fails to explicitly disclose that wherein the ordering comprises that the BS initiated CO has a higher priority than the UE initiated CO. In the same field of endeavor, SINGH discloses that the radio node may be the gNB 402 or the UE 412. Optional steps are represented by dashed lines/boxes. Further, the illustrated steps may be performed in any order unless otherwise explicitly stated or required. As illustrated, the radio node may obtain a priority of a gNB-initiated COT and a UE-initiated COT relative to one another when the radio node has an opportunity to use either one of a gNB-initiated COT and a UE-initiated COT (step 500). As described above, in one embodiment, the radio node is the UE 412, and the UE 412 obtains this information from the gNB 402 (step 500A). In another embodiment, the radio node autonomously determines the priority of a gNB-initiated COT and a UE-initiated COT relative to one another, as also described above (step 500B). For example, in one embodiment, the radio node is the UE 412, and the UE 412 autonomously determines priority of the of a gNB-initiated COT and a UE-initiated COT relative to one another and may then send information that indicates this priority to the gNB 402 (step 502) (see ¶ 0139). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement SINGH’s teaching of deterring the relative priority for gNB initiated COT and UE-initiated COT in the network taught LEI to optimize transmission between gNB and UE by avoiding interference or collision when communication between the gNB and UE. Regarding claim 139, LEI discloses the first information comprises at least one of the followings: an indication, a pre-defined rule, (the COT sharing requested indicator is a one-bit indicator included in a field of DCI, e.g., UL grant, see ¶ 0037). Regarding claim 145, LEI discloses the indication comprises that the UE is indicated to transmit, to the BS, the UL transmission in the UE initiated CO or the BS initiated CO (the BS may, in operation 402, transmit a COT sharing requested indicator to the UE, so as to request the UE to share the UE-initiated COT with the BS for downlink transmission, see ¶ 0037). Regarding claim 146, LEI discloses the indication is transmitted in a medium access control-control element (MAC-CE), a downlink control information (DCI), and/or a system information (the BS transmits UE-initiated COT request in on-bit indicator included in a field of DCI, see ¶ 0037). Regarding claim 147, LEI discloses when the UE receives the indication from the BS, the UE determines if the indication is valid (the BS transmits UE-initiated COT request in on-bit indicator included in a field of DCI, see ¶ 0037, 0056). Regarding claim 148, LEI discloses a wireless communication method by a base station (BS), comprising: controlling a user equipment (UE) to determine a channel occupancy (CO) according to a first information, wherein the first information comprise condition (the COT sharing requested indicator is a one-bit indicator included in a field of DCI, e.g., UL grant, see ¶ 0037), and the CO comprises at least one of a UE initiated CO or a BS initiated CO, wherein the condition comprises an ordering, and the UE selects the UE initiated CO or BS initiated CO according to the ordering (the BS may, in operation 402, transmit a COT sharing requested indicator to the UE, so as to request the UE to share the UE-initiated COT with the BS for downlink transmission… the COT sharing requested indicator is a one-bit indicator included in a field of DCI, e.g., UL grant. It is contemplated that, the DCI is for scheduling one or more PUSCHs for transmitting the uplink data in the UE-initiated COT…the UL grant may include a COT sharing indicator that indicates the BS-initiated COT is shared with the UE for PUSCH transmission, see ¶ 0037); and receiving, from the UE, an uplink (UL) transmission in the CO (the UE transmits the PUSCH(s) in the COT in operation 414, see ¶ 0047, 0048, 0049); wherein the UE obtains information about if a BS CO is initiated and when the BS CO is initiated, such that the UE can transmit the UL transmission in the BS initiated CO (a gNB-initiated COT can be shared to a UE for scheduled PUSCH transmission and configured grant PUSCH (CG-PUSCH) transmission, see ¶ 0032, 0037). LEI fails to explicitly disclose that wherein the ordering comprises that the BS initiated CO has a higher priority than the UE initiated CO. In the same field of endeavor, SINGH discloses that the radio node may be the gNB 402 or the UE 412. Optional steps are represented by dashed lines/boxes. Further, the illustrated steps may be performed in any order unless otherwise explicitly stated or required. As illustrated, the radio node may obtain a priority of a gNB-initiated COT and a UE-initiated COT relative to one another when the radio node has an opportunity to use either one of a gNB-initiated COT and a UE-initiated COT (step 500). As described above, in one embodiment, the radio node is the UE 412, and the UE 412 obtains this information from the gNB 402 (step 500A). In another embodiment, the radio node autonomously determines the priority of a gNB-initiated COT and a UE-initiated COT relative to one another, as also described above (step 500B). For example, in one embodiment, the radio node is the UE 412, and the UE 412 autonomously determines priority of the of a gNB-initiated COT and a UE-initiated COT relative to one another and may then send information that indicates this priority to the gNB 402 (step 502) (see ¶ 0139). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement SINGH’s teaching of deterring the relative priority for gNB initiated COT and UE-initiated COT in the network taught LEI to optimize transmission between gNB and UE by avoiding interference or collision when communication between the gNB and UE. Regarding claim 149, LEI discloses the first information comprises at least one of the followings: an indication, a pre-defined rule, (the COT sharing requested indicator is a one-bit indicator included in a field of DCI, e.g., UL grant, see ¶ 0037). Regarding claim 157, LEI discloses a base station, comprising: a memory; a transceiver; and a processor coupled to the memory and the transceiver; wherein the processor is configured to cooperate with the transceiver to implement the method of claim 148 (the BS, see figures 4-7). Regarding claim 152, LEI discloses a user equipment (UE), comprising: a memory; a transceiver; and a processor coupled to the memory and the transceiver; wherein the processor is configured to cooperate with the transceiver to: determine a channel occupancy (CO) according to a first information wherein the first information comprise condition (the COT sharing requested indicator is a one-bit indicator included in a field of DCI, e.g., UL grant, see ¶ 0037), and the CO comprises at least one of a UE initiated CO or a BS initiated CO, wherein the condition comprises an ordering, and the UE selects the UE initiated CO or BS initiated CO according to the ordering (the BS may, in operation 402, transmit a COT sharing requested indicator to the UE, so as to request the UE to share the UE-initiated COT with the BS for downlink transmission… the COT sharing requested indicator is a one-bit indicator included in a field of DCI, e.g., UL grant. It is contemplated that, the DCI is for scheduling one or more PUSCHs for transmitting the uplink data in the UE-initiated COT…the UL grant may include a COT sharing indicator that indicates the BS-initiated COT is shared with the UE for PUSCH transmission, see ¶ 0037); and transmitting, to the BS, at least a part of the uplink data in the COT (the UE transmits the PUSCH(s) in the COT in operation 414, see ¶ 0047, 0048, 0049); wherein the UE obtains information about if a BS CO is initiated and when the BS CO is initiated, such that the UE can transmit the UL transmission in the BS initiated CO (a gNB-initiated COT can be shared to a UE for scheduled PUSCH transmission and configured grant PUSCH (CG-PUSCH) transmission, see ¶ 0032, 0037). LEI fails to explicitly disclose that wherein the ordering comprises that the BS initiated CO has a higher priority than the UE initiated CO. In the same field of endeavor, SINGH discloses that the radio node may be the gNB 402 or the UE 412. Optional steps are represented by dashed lines/boxes. Further, the illustrated steps may be performed in any order unless otherwise explicitly stated or required. As illustrated, the radio node may obtain a priority of a gNB-initiated COT and a UE-initiated COT relative to one another when the radio node has an opportunity to use either one of a gNB-initiated COT and a UE-initiated COT (step 500). As described above, in one embodiment, the radio node is the UE 412, and the UE 412 obtains this information from the gNB 402 (step 500A). In another embodiment, the radio node autonomously determines the priority of a gNB-initiated COT and a UE-initiated COT relative to one another, as also described above (step 500B). For example, in one embodiment, the radio node is the UE 412, and the UE 412 autonomously determines priority of the of a gNB-initiated COT and a UE-initiated COT relative to one another and may then send information that indicates this priority to the gNB 402 (step 502) (see ¶ 0139). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement SINGH’s teaching of deterring the relative priority for gNB initiated COT and UE-initiated COT in the network taught LEI to optimize transmission between gNB and UE by avoiding interference or collision when communication between the gNB and UE. Regarding claim 153, LEI discloses the first information comprises at least one of the followings: an indication, a pre-defined rule, (the COT sharing requested indicator is a one-bit indicator included in a field of DCI, e.g., UL grant, see ¶ 0037). Claim(s) 144 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of LEI-SINGH in view of TSAI et al. (US 2020/0245353 A1), hereinafter TSAI. Regarding claim 144, the combination of LEI-SINGH to explicitly disclose that the UE is allowed to transmit the UL transmission in the BS initiated CO, if the UL transmission is confined in the BS initiated CO in time domain and/or confined in the BS initiated CO in frequency domain. In the same field of endeavor, TSAI discloses according to aspects of the disclosure, the channel occupancy information indicates a duration in time domain and a location in frequency domain for the channel occupancy that is initiated by the BS. The UE can determine whether the UL transmission is scheduled within the duration in time domain and the location in frequency domain for the channel occupancy that is initiated by the BS. When the UL transmission is determined to be scheduled within the duration in time domain and the location in frequency domain for the channel occupancy that is initiated by the BS, the UE can perform the second type of channel access procedure (see ¶ 0008). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement TSAI’s teaching in the communication method taught by the combination of LEI-SINGH so the UE can determine whether the UL transmission is scheduled within the channel occupancy that is initiated by the BS, and perform a second type of channel access procedure when the UL transmission is determined to be scheduled within the channel occupancy that is initiated by the BS. Allowable Subject Matter Claims 158-159 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 with respect to claim(s) 138-139, 144-149, 152-153, 157 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any response to this action should be mailed to: The following address mail to be delivered by the United States Postal Service (USPS) only: Mail Stop _____________ Commissioner for Patents P. O. Box 1450 Alexandria, VA 22313-1450 or faxed to: (571) 273-8300, (for formal communications intended for entry) Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bob A. Phunkulh whose telephone number is (571) 272-3083. The examiner can normally be reached on Monday-Thursday from 8:00 A.M. to 5:00 P.M. (first week of the bi-week) and Monday-Friday (for second week of the bi-week). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor CHARLES C. JIANG can be reach on (571) 270-7191. 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). /BOB A PHUNKULH/Primary Examiner, Art Unit 2412
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Prosecution Timeline

Dec 23, 2022
Application Filed
Mar 20, 2023
Response after Non-Final Action
Mar 18, 2025
Non-Final Rejection — §103
Jun 20, 2025
Response Filed
Aug 14, 2025
Final Rejection — §103
Aug 26, 2025
Applicant Interview (Telephonic)
Aug 27, 2025
Examiner Interview Summary
Oct 16, 2025
Response after Non-Final Action
Nov 17, 2025
Request for Continued Examination
Nov 22, 2025
Response after Non-Final Action
Nov 25, 2025
Non-Final Rejection — §103
Jan 20, 2026
Response Filed
Apr 02, 2026
Non-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

4-5
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+9.4%)
2y 10m
Median Time to Grant
High
PTA Risk
Based on 935 resolved cases by this examiner. Grant probability derived from career allow rate.

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