Prosecution Insights
Last updated: October 02, 2026
Application No. 18/260,348

METHOD AND APPARATUS FOR DETERMINING UPLINK ANTENNA PANEL, AND COMMUNICATION DEVICE

Non-Final OA §103
Filed
Jul 05, 2023
Priority
Jan 06, 2021 — nonprovisional of PCTCN2021070406
Examiner
KWOH, JASPER C
Art Unit
2415
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
3 (Non-Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
142 granted / 222 resolved
+6.0% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
33 currently pending
Career history
248
Total Applications
across all art units

Statute-Specific Performance

§101
5.3%
-34.7% vs TC avg
§103
56.0%
+16.0% vs TC avg
§102
16.0%
-24.0% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 222 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/14/2026 has been entered. Information Disclosure Statement The information disclosure statement filed 8/6/2026 fails to comply with 37 CFR 1.97(c) because it lacks the timing fee set forth in 37 CFR 1.17(p). It has been placed in the application file, but the information referred to therein has not been considered. The information disclosure statement (IDS) submitted on 8/8/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 1-4, 6-8, 10-15, 17-19, 39 and 43-45 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/006507 (hereinafter Guan) in view of US 2020/0322940 (hereinafter Pezeshki). Regarding claim 1, 12, and 39, Guan teaches a method for determining an uplink antenna panel, performed by a user equipment (UE), the method comprising: sending a first indication message to a network device, wherein the first indication message is configured to indicate at least one of a state of at least one uplink antenna panel or a state of at least one uplink beam of the UE (FIG. 8; claims 1-2: details sending, by a terminal device, a notification message, wherein the notification message is used to notify a network device of information about a first radiation intensity of the terminal device when the terminal device uses at least one of a first beam or a first antenna panel; wherein the notification message comprises at least one of information about the second beam or information about the second antenna panel). Guan does not explicitly teach the first indication message is a scheduling request or a random access request message; and performing communication with the network device using a beam for sending the scheduling request or a beam for sending a preamble by the random access request message, wherein the beam for sending the scheduling request or the beam for sending the preamble is determined as a beam recommended by the UE. However, Pezeshki teaches the first indication message is a scheduling request or a random access request message ([0117]: details via a scheduling request (SR)); and performing communication with the network device using a beam for sending the scheduling request or a beam for sending a preamble by the random access request message, wherein the beam for sending the scheduling request or the beam for sending the preamble is determined as a beam recommended by the UE ([0117]: details the UE may report the indication of the beam combination (e.g., recommended and/or not recommended) autonomously or the indication may be requested by the gNB. For example, in some cases, when reporting the indication autonomously, the UE may request an uplink (UL) grant via a scheduling request (SR). In response to the SR, the UE may receive an UL grant that includes resources for transmitting the indication. As noted, in other cases, the gNB may trigger the transmission of the indication. For example, in such a case, the gNB may transmit a trigger to the UE and, upon reception of the trigger, the UE may transmit the indication of the beam combination (e.g., whether it is a recommended beam combination or not-recommended beam combination)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Guan to incorporate the teachings of Pezeshki and include the first indication message is a scheduling request or a random access request message; and performing communication with the network device using a beam for sending the scheduling request or a beam for sending a preamble by the random access request message, wherein the beam for sending the scheduling request or the beam for sending the preamble is determined as a beam recommended by the UE of Pezeshki with Guan. Doing so would improve communications between access points and stations in a wireless network (Pezeshki, paragraph [0007]). Regarding claims 2, 13 and 43, Guan teaches wherein the first indication message includes at least one of: a specified trigger condition; a first specified type of uplink antenna panel identifier; a first specified type of uplink beam identifier; a second specified type of uplink antenna panel identifier; a second specified type of uplink beam identifier; a respective measurement value corresponding to each uplink antenna panel identifier; a respective parameter corresponding to each uplink antenna panel identifier; or a respective parameter corresponding to each uplink beam identifier ([0051]: details the notification message includes one or more of the following: an identifier (ID) of the second beam, an ID of the second antenna panel, an ID of an available antenna panel, an ID of an available beam, an ID of an available beam set, an ID of an unavailable antenna panel, an ID of an unavailable beam, or an ID of an unavailable beam set). Regarding claims 3, 14 and 44, Guan teaches wherein an uplink antenna panel identifier or an uplink beam identifier is at least one of: a specified identifier ([0051]: details the notification message includes one or more of the following: an identifier (ID) of the second beam, an ID of the second antenna panel, an ID of an available antenna panel, an ID of an available beam, an ID of an available beam set, an ID of an unavailable antenna panel, an ID of an unavailable beam, or an ID of an unavailable beam set), an identifier of a corresponding reference signal set, or an identifier of a corresponding reference signal. Regarding claims 4, 15 and 45, Guan teaches wherein the specified identifier is at least one of: an antenna panel identifier ([0051]: details the notification message includes one or more of the following: an identifier (ID) of the second beam, an ID of the second antenna panel, an ID of an available antenna panel, an ID of an available beam, an ID of an available beam set, an ID of an unavailable antenna panel, an ID of an unavailable beam, or an ID of an unavailable beam set), a transmission configuration indication (TCI) state identifier, or a spatial relationship information identifier, wherein a reference signal is one of: an uplink sounding reference signal (SRS); a downlink channel state information reference signal (CSI-RS); a downlink synchronization signal block SSB; or a downlink positioning reference signal (PRS) (this wherein clause has no patentable weight because as recited, “wherein a reference signal…” is a wherein clause of the “a spatial relationship information identifier” and that limitation is claimed in the alternative). Regarding claims 6 and 17, Guan teaches determining, based on a specified trigger condition, whether to send the first indication message to the network device; wherein the specified trigger condition is one of: a maximum permissible exposure (MPE) being exceeded ([0135][0155]: details the MPE may also be used to measure whether a radiation intensity of a terminal device exceeds the safety standard), an uplink interference being greater than a first specified value, a remaining power being less than a second specified value, parameters of different antenna panels being different, or a communication transmission being performed with multiple transmission and reception points in the network device. Regarding claims 7, Guan teaches sending the first indication message to the network device based on a current uplink resource ([0284]: details It should be understood that another uplink resource, for example, a PRACH or a PUCCH, may be used to send the notification message). Regarding claim 8, Guan teaches sending a resource request to the network device; receiving an indication message returned by the network device; and sending the first indication message to the network device based on an uplink resource indicated by the received indication message, wherein the resource request is one of a scheduling request or a random access request ([0200]-[0203]: details The terminal device may send the notification message to the network device… after receiving the notification message, the network device determines, based on the notification message, whether the terminal device can switch the beam and/or the panel used for uplink transmission… the network device may send the response message specific to the notification message to the terminal device. The response message is used to indicate that the terminal device can switch the beam and/or the panel used for uplink transmission. After receiving the response message, the terminal device determines that the beam and/or the panel used for uplink transmission can be switched, that is, uplink transmission can be performed by using the available beam and/or the available panel.). Regarding claims 10 and 18, Guan teaches wherein the first indication message is one of: a beam measurement result reporting signaling for sending at least one of an uplink power value or a measurement value of the at least one uplink beam of the UE (FIG. 3; [0210]: details The terminal device may send the notification message to the network device, where the notification message is used to notify the terminal device of the information about the radiation intensity. For the information about the radiation intensity, refer to the descriptions in step 310); a channel state information (CSI) measurement result reporting signaling corresponding to the at least one uplink antenna panel or the at least one uplink beam of the UE; or an antenna panel capability reporting signaling for sending at least one of a number of uplink antenna panels of the UE, a number of ports supported by each uplink antenna panel, or a number of beams supported by each uplink antenna panel. Regarding claims 11 and 19, Guan teaches receiving a second indication message sent by the network device, wherein the second indication message is configured to indicate to the UE at least one of an uplink antenna panel or an uplink beam selected, based on the first indication message, by the network device for the UE (FIG. 8; claims 1-2: details sending, by the terminal device, data by using at least one of a second beam or a second antenna panel, wherein a second radiation intensity of the terminal device when the terminal device sends the data by using the at least one of the second beam or the second antenna panel is less than the first radiation intensity of the terminal device). Response to Arguments Applicant’s arguments with respect to the pending claims 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 inquiry concerning this communication or earlier communications from the examiner should be directed to Jasper Kwoh whose telephone number is (408)918-7644. The examiner can normally be reached Tuesday through Friday, 10am to 4pm Pacific. 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, Jeffrey Rutkowski can be reached at (571) 270-1215. 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. /JASPER KWOH/Patent Examiner, Art Unit 2415
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Prosecution Timeline

Jul 05, 2023
Application Filed
Feb 05, 2026
Non-Final Rejection mailed — §103
May 04, 2026
Response Filed
May 14, 2026
Final Rejection mailed — §103
Aug 14, 2026
Request for Continued Examination
Aug 21, 2026
Response after Non-Final Action
Sep 01, 2026
Non-Final Rejection mailed — §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
64%
Grant Probability
76%
With Interview (+12.0%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 222 resolved cases by this examiner. Grant probability derived from career allowance rate.

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