Prosecution Insights
Last updated: April 19, 2026
Application No. 18/238,984

DEVICE AND METHOD FOR ASSOCIATING RESOURCE INFORMATION WITH CHANNEL METRIC INFORMATION IN WIRELESS NETWORKS

Non-Final OA §103
Filed
Aug 28, 2023
Examiner
NGUYEN, DAVID Q
Art Unit
2643
Tech Center
2600 — Communications
Assignee
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
OA Round
3 (Non-Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
2y 4m
To Grant
95%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
862 granted / 947 resolved
+29.0% vs TC avg
Minimal +4% lift
Without
With
+3.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
13 currently pending
Career history
960
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
43.0%
+3.0% vs TC avg
§102
34.0%
-6.0% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 947 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 . 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) 19-22, 24-25, 30 and 40-43 are rejected under 35 U.S.C. 103 as being unpatentable over RO SANG MIN et al. (KR 20080086125 A) in view of YOSHIMURA TOMOKI et al. (EP 3681189 A1). Regarding claims 19 and 38, RO SANG MIN et al. teach a transmitter configured for wirelessly (see KR 20080086125 A- a transmitter of a wireless communication system using at least two multiple antennas) transmitting to a receiver (see KR 20080086125 A - the terminal) a signal using resource elements of a wireless communications network, the transmitter comprising: a resource selector for selecting the resource elements from a plurality of resource elements in the wireless communications network, wherein the selecting is at least partially unknown at the receiver (see abstract- A multi-antenna number selector(703) determines the number of transmission antennas according to a transmission mode of predetermined data. A resource allocator (707) sets a position of a variable common pilot as a data region according to the number of the transmission antennas, and if the number of transmission antennas is smaller than a certain number, the resource allocator maps data to the position of the variable common pilot. If the number of the transmission antennas is smaller than the certain number, a data generator (701) generates data in consideration of the variable common pilot. A transmitter transmits the position information of the variable common pilot and the data to a terminal). Regarding claim 20, RO SANG MIN et al. also teach wherein the transmitter is configured for determining resource elements to be used for transmission of the signal and for mapping at least one pilot symbol and at least one data symbol according to a predetermined rule to the resource elements (see abstract: A multi-antenna number selector (703) determines the number of transmission antennas according to a transmission mode of predetermined data. A resource allocator (707) sets a position of a variable common pilot as a data region according to the number of the transmission antennas, and if the number of transmission antennas is smaller than a certain number, the resource allocator maps data to the position of the variable common pilot. If the number of the transmission antennas is smaller than the certain number, a data generator (701) generates data in consideration of the variable common pilot. A transmitter transmits the position information of the variable common pilot and the data to a terminal). Regarding claim 21, RO SANG MIN et al. also teach wherein the resource selector is configured for selecting at least one of a plurality of predefined sets of resources for transmitting the signal (see abstract: A multi-antenna number selector (703) determines the number of transmission antennas according to a transmission mode of predetermined data. A resource allocator (707) sets a position of a variable common pilot as a data region according to the number of the transmission antennas, andif the number of transmission antennas is smaller than a certain number, the resource allocator maps data to the position of the variable common pilot. If the number of the transmission antennas is smaller than the certain number, a data generator (701) generates data in consideration of the variable common pilot. A transmitter transmits the position information of the variable common pilot and the data to a terminal). RO SANG MIN et al. do not mention the plurality of resource elements associated with a shared channel. YOSHIMURA TOMOKI et al. teach a plurality of resource elements associated with a shared channel (see par. 0171: A fourth aspect of the present invention is a base station apparatus including: a transmitter configured to transmit a PDSCH, and transmit a PDCCH including scheduling information of the PDSCH in a CORESET; and a receiver configured to receive a PUCCH transmitted by using one PUCCH resource selected from one PUCCH resource set and including a HARQ-ACK for the PDSCH, wherein the one PUCCH resource set is selected from multiple PUCCH resource sets associated with a PUCCH resource, based on at least some or all of a condition 1, a condition 2, a condition 3, a condition 4, and a condition 5, the condition 1 is a CORESET in which the PDCCH is detected, the condition 2 is a search space in which the PDCCH is detected, the condition 3 is a first beam parameter for the PDSCH, the condition 4 is a second beam parameter for the PDCCH, the condition 5 is a HARQ process ID associated with the PDSCH, and each of the multiple PUCCH resource sets includes one or more PUCCH resources). Therefore, it would have been obvious to one of ordinary skill in the art before the effective the filling date of claimed invention (AJA) to modify the plurality of resource elements associated with a shared channel of YOSHIMURA TOMOKI et al. to the method of RO SANG MIN et al. in order f to meet requirements assuming three scenarios: enhanced Mobile BroadBand (eMBB), massive Machine Type Communication (mMTC), and Ultra Reliable and Low Latency Communication (URLLC) in a single technology framework). Regarding claim 22, RO SANG MIN et al. also teach wherein the resource selector is configured for selecting the at least one set from the plurality of predefined sets using a selection information indicating a subset of the plurality of predefined sets, wherein the transmitter is configured for selecting the set from the subset of predefined sets (see abstract: A multi-antenna number selector (703) determines the number of transmission antennas according to a transmission mode of predetermined data. A resource allocator (707) sets a position of a variable common pilot as a data region according to the number of the transmission antennas, and if the number of transmission antennas is smaller than a certain number, the resource allocator maps data to the position of the variable common pilot. If the number of the transmission antennas is smaller than the certain number, a data generator (701) generates data in consideration of the variable common pilot. A transmitter transmits the position information of the variable common pilot and the data to a terminal). Regarding claim 24, RO SANG MIN et al. also teach wherein each predefined set comprises resources being exclusively associated with the predefined set (see abstract: A multi- antenna number selector (703) determines the number of transmission antennas according to a transmission mode of predetermined data. A resource allocator (707) sets a position of a variable common pilot as a data region according to the number of the transmission antennas, and if the number of transmission antennas is smaller than a certain number, the resource allocator maps data to the position of the variable common pilot. If the number of the transmission antennas is smaller than the certain number, a data generator (701) generates data in consideration of the variable common pilot. A transmitter transmits the position information of the variable common pilot and the data to a terminal). Regarding claim 25, RO SANG MIN et al. also teach wherein the transmitter is configured for temporarily using at least one additional resource from a pool of additional resources in addition to the set of resources for transmitting the signal (see abstract: A multi- antenna number selector (703) determines the number of transmission antennas according to a transmission mode of predetermined data. A resource allocator (707) sets a position of a variable common pilot as a data region according to the number of the transmission antennas, and if the number of transmission antennas is smaller than a certain number, the resource allocator maps data to the position of the variable common pilot. If the number of the transmission antennas is smaller than the certain number, a data generator (701) generates data in consideration of the variable common pilot. A transmitter transmits the position information of the variable common pilot and the data to a terminal). Regarding claim 30, RO SANG MIN et al. teach a transmitter configured for wirelessly transmitting to a receiver a signal using resource elements of a wireless communications network; wherein the transmitter is configured for using a core set for transmitting a first signal during a first time instance; wherein the transmitter is configured for using at least one additional resource from a pool of additional resources in addition to the core set for transmitting a second signal during a second instance of time without signaling the use of additional resource (see abstract: A multi-antenna number selector (703) determines the number of transmission antennas according to a transmission mode of predetermined data. A resource allocator (707) sets a position of a variable common pilot as a data region according to the number of the transmission antennas, and if the number of transmission antennas is smaller than a certain number, the resource allocator maps data to the position of the variable common pilot. If the number of the transmission antennas is smaller than the certain number, a data generator (701) generates data in consideration of the variable common pilot. A transmitter transmits the position information of the variable common pilot and the data to a terminal). Regarding claim 40, YOSHIMURA TOMOKI et al. also teach the transmitter adapted to transmit the signal based on a grant-free access to the shared channel (see par. 0171: a transmitter configured to transmit a PDSCH, and transmit a PDCCH including scheduling information of the PDSCH in a CORESET; and a receiver configured to receive a PUCCH transmitted by using one PUCCH resource selected from one PUCCH resource set and including a HARQ-ACK for the PDSCH, wherein the one PUCCH resource set is selected from multiple PUCCH resource sets associated with a PUCCH resource, based on at least some or all of a condition 1, a condition 2, a condition 3, a condition 4, and a condition 5). Regarding claims 41-42, YOSHIMURA TOMOKI et al. also teach the transmitter of claim 19, wherein the transmitter is adapted to include into the signal an identity information that allows for identifying the transmitter (see par. 0171: the first beam parameter includes at least some or all of a configuration at least used for resource element mapping for the PDSCH, and an index of an antenna port of a downlink reference signal quasi co-located (QCLed) with an antenna port of a DL DMRS associated with the PDSCH); wherein the identity information comprises an identifier identifying the transmitter as a part of information transmitted in the signal; or wherein the identity information comprises an identifier identifying the transmitter based on a selection of the resource elements out of an overall set of resource elements (see par. 0171: In the second aspect of the present invention, the first beam parameter includes at least some or all of a configuration at least used for resource element mapping for the PDSCH, and an index of an antenna port of a downlink reference signal quasi co-located (QCLed) with an antenna port of a DL DMRS associated with the PDSCH. In the second aspect of the present invention, the second beam parameter includes at least some or all of a configuration at least used for resource element mapping for the PDCCH, and an index of an antenna port of a downlink reference signal quasi co-located (QCLed) with an antenna port of a DL DMRS associated with the PDCCH. A third aspect of the present invention is a terminal apparatus including: a receiver configured to monitor a PDCCH in one or more CORESETs, and receive a PDSCH, based on detection of the PDCCH, wherein one first beam parameter for the PDSCH is selected from one beam parameter set, the one beam parameter set is given based on at least some or all of a condition 1, a condition 2, and a condition 3, the condition 1 is a CORESET in which the PDCCH is detected, the condition 2 is a search space in which the PDCCH is detected, and the condition 3 is a second beam parameter for the PDCCH. In the third aspect of the present invention, the first beam parameter includes at least some or all of a configuration at least used for resource element mapping for the PDSCH, and an index of an antenna port of a downlink reference signal quasi co-located (QCLed) with an antenna port of a DL DMRS associated with the PDSCH. In the third aspect of the present invention, the second beam parameter includes at least some or all of a configuration at least used for resource element mapping for the PDCCH, and an index of an antenna port of a downlink reference signal quasi co-located (QCLed) with an antenna port of a DL DMRS associated with the PDCCH). Regarding claim 43, YOSHIMURA TOMOKI et al. also teach wherein the identity information comprises one of an identifier being indicated by a selection of the resource elements out of an overall set of resource elements and an identifier being indicated by a channel metric between the transmitter and a receiver of the signal (see par. 0171). Claim 23 and 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over RO SANG MIN etal. (KR 20080086125 A) in view of YOSHIMURA TOMOKI et al. (EP 3681189 A1) and further in view of CHATTERJEE, D et al. (CN 105580464 A). Regarding claim 23, RO SANG MIN et al. do not mention wherein resources of a first and a second set of the predefined sets partially overlap. CHATTERJEE, D teach resources of a first and a second set of the predefined sets partially overlap (see document: 416 relates to processing elements using a signal metric to select time resource of the resource grid. can be multiple alternate modes to process a signal metric, the purpose is to select a time resource (periodic time unit (e.g. a sub-frame), the time resources and reduces selection transmission area are overlapped partly with currently assigned to the UE and the resource allocation is performed for the effective transmitter frequency sub-channel possibility of time resource). Therefore, it would have been obvious to one of ordinary skill in the art before the effective the filling date of claimed invention (AJA) to modify resources of a first and a second set of the predefined sets partially overlap of CHATTERJEE, D et al. to the method of RO SANG MIN et al. in order f to perform efficient communication with a user equipment (UE). Regarding claim 28, RO SANG MIN etal. do not mention wherein the resource selector is configured to select at least one additional set of the predefined sets for transmitting the signal. CHATTERJEE, D et al. teach the resource selector is configured to select at least one additional set of the predefined sets for transmitting the signal (see document: 416 relates to processing elements using a signal metric to select time resource of the resource grid. can be multiple alternate modes to process a signal metric, the purpose is to select a time resource (periodic time unit (e.g. a sub-frame), the time resources and reduces selection transmission area are overlapped partly with currently assigned to the UE and the resource allocation is performed for the effective transmitter frequency sub-channel possibility of time resource). Therefore, it would have been obvious to one of ordinary skill in the art before the effective the filling date of claimed invention (AIA ) to modify resources of a first and a second set of the predefined sets partially overlap of CHATTERJEE, D et al. to the method of RO SANG MIN et al. in order f to perform efficient communication with a user equipment (UE). Regarding claim 29, RO SANG MIN et al. do not mention wherein the transmitter is configured for using a channel metric indicating a channel characteristic of at least a part of a channel from the transmitter to a receiver; wherein the resource selector is configured for selecting the set from the plurality of predefined sets dependent on the channel characteristic. CHATTERJEE, D et al. teach the transmitter is configured for using a channel metric indicating a channel characteristic of at least a part of a channel from the transmitter to a receiver; wherein the resource selector is configured for selecting the set from the plurality of predefined sets dependent on the channel characteristic (see document: 416 relates to processing elements using a signal metric to select time resource of the resource grid. can be multiple alternate modes to process a signal metric, the purpose is to select a time resource (periodic time unit (e.g. a sub- frame), the time resources and reduces selection transmission area are overlapped partly with currently assigned to the UE and the resource allocation is performed for the effective transmitter frequency sub-channel possibility of time resource). Therefore, it would have been obvious to one of ordinary skill in the art before the effective the filling date of claimed invention (AIA ) to modify resources of a first and a second set of the predefined sets partially overlap of CHATTERJEE, D et al. to the method of RO SANG MIN etal. in order f to perform efficient communication with a user equipment (UE). Claim(s) 26 is rejected under 35 U.S.C. 103 as being unpatentable over RO SANG MIN et al. (KR 20080086125 A) in view of YOSHIMURA TOMOKI et al. (EP 3681189 A1) and further in view of AGASHE P (CN 100401651 C). Regarding claim 26, RO SANG MIN et al. do not mention wherein the transmitter is configured for temporarily using a plurality of additional resources up to a predefined maximum data rate indicated by a maximum data rate information. AGASHE P teach the transmitter is configured for temporarily using a plurality of additional resources up to a predefined maximum data rate indicated by a maximum data rate information (see fig. 3: FIG. 3 illustrates for sending reverse and forward link signal transmitter 300 of FIG. channel data for transmission is input to the modulator 301 for modulation. modulation can be according to any known modulation technique, suchas Q, PSK or BPSK. data is encoded at a data rate in modulator 301. the data rate by a data rate and power level selector 303 selects. data rate selection may be based on feedback information received from the receiving destination. feedback information may include maximum data rate allowed. data rate of maximum allowed can be determined according to the calculation of the various known. among other considered factor, maximum allowable data rate generally based on channel conditions. data rate and power level selector 303 accordingly selects data rate in modulator 301. modulator 301 output by the signal expansion operation, and at block 302 the amplified, for emitted from antenna 304. data rate and power level selector 303 also according to the feedback information to amplify a power level of the transmission signal selection. the selected combination of data rate and power level for correctly decoding the received transmission signal at the destination. transmit power level may be limited within a predefined range. transmission power range with a lower limit and an upper limit. transmission power range of the limit may be based on rate as follows: if the channel is suddenly deteriorated, feedback information will increase the power. transmission power limit may be based on transmitter expected maximum power resources allocated to a single receiver). Therefore, it would have been obvious to one of ordinary skill in the art before the effective the filling date of claimed invention (AJA) to modify temporarily using a plurality of additional resources up to a predefined maximum data rate indicated by a maximum data rate information of AGASHE P to the transmitter of RO SANG MIN et al. in order to allow relatively high data rate and low energy consumption. Claim(s) 27 is rejected under 35 U.S.C. 103 as being unpatentable over RO SANG MIN Et al. (KR 20080086125 A) in view of in view of YOSHIMURA TOMOKI et al. (EP 3681189 A1) and further AGASHE P (CN 100401651 C) and further in view of CHATTERJEE, D et al. (CN 105580464 A). Regarding claim 27, RO SANG MIN et al. and AGASHE P do not mention wherein the transmitter is configured for temporarily using the plurality of additional resources without signaling the use to a receiver of the signal. CHATTERJEE, D et al. teach temporarily using the plurality of additional resources without signaling the use to a receiver of the signal. (416 relates to processing elements using a signal metric to select time resource of the resource grid. can be multiple alternate modes to process a signal metric, the purpose is to select a time resource (periodic time unit (e.g. a sub-frame), the time resources and reduces selection transmission area are overlapped partly with currently assigned to the UE and the resource allocation is performed for the effective transmitter frequency sub-channel possibility of time resource). Therefore, it would have been obvious to one of ordinary skill in the art before the effective the filling date of claimed invention (AIA ) to modify temporarily using the plurality of additional resources without signaling the use to a receiver of the signal of CHATTERJEE, D et al. to the method of RO SANG MIN et al. in order f to perform efficient communication with a user equipment (UE). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID Q NGUYEN whose telephone number is (571)272-7844. The examiner can normally be reached Monday-Friday 7:00 AM - 3:00 PM. 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 5712723965. 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. /DAVID Q NGUYEN/Primary Examiner, Art Unit 2643
Read full office action

Prosecution Timeline

Aug 28, 2023
Application Filed
May 20, 2025
Non-Final Rejection — §103
Sep 25, 2025
Response Filed
Oct 06, 2025
Final Rejection — §103
Jan 26, 2026
Request for Continued Examination
Jan 30, 2026
Response after Non-Final Action
Mar 03, 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

3-4
Expected OA Rounds
91%
Grant Probability
95%
With Interview (+3.7%)
2y 4m
Median Time to Grant
High
PTA Risk
Based on 947 resolved cases by this examiner. Grant probability derived from career allow rate.

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