Prosecution Insights
Last updated: May 29, 2026
Application No. 18/270,352

COMMUNICATION METHOD AND APPARATUS

Non-Final OA §102§103
Filed
Jun 29, 2023
Priority
Dec 31, 2020 — nonprovisional of PCTCN2020142537
Examiner
MILLER, BRANDON J
Art Unit
2647
Tech Center
2600 — Communications
Assignee
BEIJING XIAOMI MOBILE SOFTWARE CO., LTD.
OA Round
2 (Non-Final)
88%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
939 granted / 1072 resolved
+25.6% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
30 currently pending
Career history
1101
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
70.9%
+30.9% vs TC avg
§102
5.0%
-35.0% vs TC avg
§112
8.5%
-31.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1072 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status I. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment Election/Restrictions II. Applicant's election with traverse of claims 1-4, 6-10, 12-13, 26-28, and 30 in the reply filed on September 17, 2025 is acknowledged. The traversal is on the ground(s) that Invention I and Invention II both mention cross-time unit transmission or repetition and configuring transmission of a signal and that there is no serious search and/or examination burden that exists if the restriction were not made. This is not found persuasive because: the claims of Invention I recite configuring or receiving “transmission of a reference signal for cross-time-unit transmission or repetition wherein the reference signal is configured for phase estimation, and frequency domain resources occupied by the transmission of the reference signal are less than frequency domain resources occupied by transmission of a demodulation reference signal (DMRS)”; and the claims of Invention II recite “configuring or receiving, for two adjacent time units in cross-time-unit transmission or repetition, signal transmission in a last symbol of a first time unit and a first symbol of a second time unit respectively, wherein the signal transmission is configured for phase estimation”. The claims of Invention I and Invention II both mention cross-time unit transmission or repetition and configuring transmission of a signal. However, the Invention I limitations of “a reference signal” and “frequency domain resources occupied by the transmission of the reference signal are less than frequency domain resources occupied by transmission of a demodulation reference signal (DMRS)” are not required for Invention II. Furthermore, the Invention II limitations of “configuring or receiving, for two adjacent time units in cross-time-unit transmission or repetition, signal transmission in a last symbol of a first time unit and a first symbol of a second time unit respectively” are not required for Invention I. Restriction for examination purposes as indicated is proper because Invention I and Invention II are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply: (a) the inventions have acquired a separate status in the art in view of their different classification; (b) the inventions have acquired a separate status in the art due to their recognized divergent subject matter; (c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries); (d) the prior art applicable to one invention would not likely be applicable to another invention; (e) the inventions are likely to raise different non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph. In this case, at least (c) the inventions require a different field of search (for example, searching different classes/subclasses or electronic resources, or employing different search queries) and (d) the prior art applicable to one invention would not likely be applicable to another invention applies. The requirement is still deemed proper and is therefore made FINAL. Specification III. The disclosure is objected to because of the following informalities: The title of the invention was amended in the March 23, 2026 response to the Non-Final office action dated December 23, 2025. However, the amended title is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Appropriate correction is required. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. IV. Claims 1-4, 7, 9, 12-13, 26-28, 30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US 2022/0094499 A1, including application No. 63/080,612, filed on Sep. 18, 2020). Regarding claim 1 Wang teaches a communication method, performed by a terminal and comprising: configuring, based on a reference signal configuration parameter (e.g. time density, frequency density, offset), transmission of a reference signal (PT-RS) for cross-time-unit transmission or repetition (see paragraphs [0056] & [0089] and Fig. 7, A PT-RS configuration may be configured via radio resource control (RRC) signaling and may include PT-RS resource element (RE) information including the time density, frequency density, and RE offset. A radio resource control (RRC) configuration of the resource pools may be either pre-configured (e.g., pre-loaded on the UE) or configured by a base station. This reads on a communication method, performed by a terminal and comprising: configuring, based on a reference signal configuration parameter, transmission of a reference signal for cross-time-unit transmission or repetition), wherein the reference signal is configured for phase estimation (see paragraph [0056], A phase-tracking reference signal (PT-RS) may be transmitted between wireless communication devices to enable correction of phase noise errors that may occur. A PT-RS configuration may be configured via radio resource control (RRC) signaling. Phase Tracking Reference Signals (PT-RS) are reference signals used to estimate phase noise and phase error. This reads on wherein the reference signal is configured for phase estimation) and frequency domain resources occupied by the transmission of the reference signal are less than frequency domain resources occupied by transmission of a demodulation reference signal (DMRS) (see paragraphs [0140] & [0142] and Fig. 7, Fig. 7 shows the frequency domain (y-axis) resources occupied by the PT-RS (710, Fig. 7) being less than the frequency domain (y-axis) resources occupied by the DM-RS (716, Fig. 7). This reads on frequency domain resources occupied by the transmission of the reference signal are less than frequency domain resources occupied by transmission of a demodulation reference signal (DMRS)), and wherein configuring the transmission of the reference signal for the cross-time unit transmission or repetition is performed in response to notification indication information from a base station (see paragraphs [0056]; [0084]; [0089] and Fig. 7, A PT-RS configuration may be configured via radio resource control (RRC) signaling and may include PT-RS resource element (RE) information including the time density, frequency density, and RE offset. A radio resource control (RRC) configuration of the resource pools may be either pre-configured (e.g., pre-loaded on the UE) or configured by a base station. The base station may further include a SL PT-RS manager configured to determine SL PT-RS configuration information and to provide the SL PT-RS configuration information to the Tx UE. This reads wherein configuring the transmission of the reference signal for the cross-time unit transmission or repetition is performed in response to notification indication information from a base station). Regarding claim 2 Wang teaches wherein the reference signal configuration parameter is determined by at least one of the following ways: determining the reference signal configuration parameter based on control signaling from a base station (see paragraph [0089], A radio resource control (RRC) configuration of the resource pools may be either pre-configured (e.g., pre-loaded on the UE) or configured by a base station. This reads on determining the reference signal configuration parameter based on control signaling from a base station); or determining the reference signal configuration parameter according to a communication protocol or a pre-configuration (see paragraphs [0056] & [0089] and Fig. 7, A PT-RS configuration may be configured via radio resource control (RRC) signaling and may include PT-RS resource element (RE) information including the time density, frequency density, and RE offset. A radio resource control (RRC) configuration of the resource pools may be either pre-configured (e.g., pre-loaded on the UE) or configured by a base station. The SL PT-RS RE information may be pre-configured on the wireless communication device (e.g., via standards or specifications or via the RAN entity (see paragraph [0195]). This reads on determining the reference signal configuration parameter according to a communication protocol or a pre-configuration). Regarding claim 3 Wang teaches wherein the terminal operates in an FR1 frequency band specified by a communication protocol (see paragraphs [0052] & [0063], In 5G NR two initial operating bands have been identified as frequency range designations FR1 (410 MHz-7.125 GHz). A flexible PT-RS configuration may support UEs that are configured to communicate over different frequency bands (e.g., FR1). This reads on wherein the terminal operates in an FR1 frequency band specified by a communication protocol). Regarding claim 4 Wang teaches wherein the reference signal is a phase tracking reference signal (PT-RS) (see paragraph [0056], A phase-tracking reference signal (PT-RS) configuration may be configured via radio resource control (RRC) signaling and may include PT-RS resource element (RE). This reads on wherein the reference signal is a phase tracking reference signal (PT-RS)). Regarding claim 7 Wang teaches wherein the configuring transmission of a reference signal for cross-time-unit transmission or repetition comprises: configuring the transmission of the reference signal in at least part of time units occupied by the cross-time-unit transmission or repetition, wherein at least one time unit in part of the time units doesn't comprise the transmission of the DMRS (see paragraphs [0140] & [0142] and Fig. 7, Fig. 7 shows the (y-axis) resources being a reference to time domain resources and the (x-axis) being a reference to frequency domain resources. Fig. 7 shows at least one time unit on the time resource axis that does not include the transmission of the DM-RS (716, Fig. 7). This reads on wherein the configuring transmission of a reference signal for cross-time-unit transmission or repetition comprises: configuring the transmission of the reference signal in at least part of time units occupied by the cross-time-unit transmission or repetition, wherein at least one time unit in part of the time units doesn't comprise the transmission of the DMRS). Regarding claim 9 Wang teaches wherein the reference signal configuration parameter comprises at least one of the following parameters: a time domain density; a frequency domain density; an initial time domain offset; or an initial frequency domain offset of the reference signal (e.g. time density, frequency density, offset), transmission of a reference signal (PT-RS) for cross-time-unit transmission or repetition (see paragraphs [0056] and Fig. 7, A PT-RS configuration may be configured via radio resource control (RRC) signaling and may include PT-RS resource element (RE) information including the time density, frequency density, and RE offset. This reads on wherein the reference signal configuration parameter comprises at least one of the following parameters: a time domain density; a frequency domain density; an initial time domain offset; or an initial frequency domain offset of the reference signal). Regarding claim 12 Wang teaches a communication method, performed by a terminal and comprising: receiving, based on a reference signal configuration parameter (e.g. time density, frequency density, offset), transmission of a reference signal (PT-RS) for cross-time-unit transmission or repetition (see paragraphs [0056]; [0084]; [0089] and Fig. 7, A PT-RS configuration may be configured via radio resource control (RRC) signaling and may include PT-RS resource element (RE) information including the time density, frequency density, and RE offset. A radio resource control (RRC) configuration of the resource pools may be either pre-configured (e.g., pre-loaded on the UE) or configured by a base station. The base station may further include a SL PT-RS manager configured to determine SL PT-RS configuration information and to provide the SL PT-RS configuration information to the Tx UE. This reads on a communication method, performed by a terminal and comprising: receiving, based on a reference signal configuration parameter, transmission of a reference signal for cross-time-unit transmission or repetition), wherein the reference signal is configured for phase estimation (see paragraph [0056], A phase-tracking reference signal (PT-RS) may be transmitted between wireless communication devices to enable correction of phase noise errors that may occur. A PT-RS configuration may be configured via radio resource control (RRC) signaling. Phase Tracking Reference Signals (PT-RS) are reference signals used to estimate phase noise and phase error. This reads on wherein the reference signal is configured for phase estimation) and frequency domain resources occupied by the transmission of the reference signal are less than frequency domain resources occupied by transmission of a demodulation reference signal (DMRS) (see paragraphs [0140] & [0142] and Fig. 7, Fig. 7 shows the frequency domain (y-axis) resources occupied by the PT-RS (710, Fig. 7) being less than the frequency domain (y-axis) resources occupied by the DM-RS (716, Fig. 7). This reads on frequency domain resources occupied by the transmission of the reference signal are less than frequency domain resources occupied by transmission of a demodulation reference signal (DMRS)), and wherein configuring the transmission of the reference signal for the cross-time unit transmission or repetition is performed in response to notification indication information from a base station (see paragraphs [0056]; [0089]; [0084] and Fig. 7, A PT-RS configuration may be configured via radio resource control (RRC) signaling and may include PT-RS resource element (RE) information including the time density, frequency density, and RE offset. A radio resource control (RRC) configuration of the resource pools may be either pre-configured (e.g., pre-loaded on the UE) or configured by a base station. The base station may further include a SL PT-RS manager configured to determine SL PT-RS configuration information and to provide the SL PT-RS configuration information to the Tx UE. This reads wherein configuring the transmission of the reference signal for the cross-time unit transmission or repetition is performed in response to notification indication information from a base station). Regarding claim 13 Wang teaches the limitations as recited in claim 7 and therefore claim 13 is rejected for the same reasons given above. Regarding claim 26 Wang teaches an electronic device, comprising: at least one processor (1104, Fig. 11); and a memory (1105, Fig. 11) communicatively connected to the at least one processor (see paragraph [0177], wherein the memory stores an instruction executable by the at least one processor, and the instruction, when being executed by the at least one processor, enables the at least one processor to perform the communication method according to claim 1 (see paragraphs [0181] – [0182]). Regarding claim 27 Wang teaches a non-transitory computer-readable storage medium, storing a computer instruction, wherein the computer instruction is configured to enable a computer to perform the communication method according to claim 1 (see paragraphs [0181] – [0182]). Regarding claim 28 Wang teaches an electronic device, comprising: at least one processor (1104, Fig. 11); and a memory (1105, Fig. 11) communicatively connected to the at least one processor (see paragraph [0177], wherein the memory stores an instruction executable by the at least one processor, and the instruction, when being executed by the at least one processor, enables the at least one processor to perform the communication method according to claim 12 (see paragraphs [0181] – [0182]). Regarding claim 30 Wang teaches a non-transitory computer-readable storage medium, storing a computer instruction, wherein the computer instruction is configured to enable a computer to perform the communication method according to claim 12 (see paragraphs [0181] – [0182]). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. V. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2022/0094499 A1, including application No. 63/080,612, filed on Sep. 18, 2020) in view of Jongren et al. (US 2016/0211959 A1). Regarding claim 6 Wang teaches the communication method according to claim 1 except for wherein the notification indication information comprises a start notification indication of a demodulation reference signal density reduction (DMRS-less) mode. Jongren teaches wherein the notification indication information comprises a start notification indication of a demodulation reference signal density reduction (DMRS-less) mode (see paragraph [0057], A configurable pattern may be defined, the pattern defining a dense/reduced density DMRS format. The pattern may include a subframe offset defining the starting point of the pattern with respect to an index point known to both the network and the UE. This reads on wherein the notification indication information comprises a start notification indication of a demodulation reference signal density reduction (DMRS-less) mode). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the notification indication information in Wang adapt to include wherein the notification indication information comprises a start notification indication of a demodulation reference signal density reduction (DMRS-less) mode because it is well-known that the start of the DMRS-less pattern can be indicated as shown above in Jorgren and it would allow for efficient transmission of the reference signal. VI. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2022/0094499 A1, including application No. 63/080,612, filed on Sep. 18, 2020) in view of Lou et al (US WO 2020/085586 A1). Regarding claim 8 Wang teaches the communication method according to claim 7 except for wherein the configuring transmission of a reference signal for cross-time-unit transmission or repetition comprises: determining, based on a modulation and coding scheme (MCS) level, that the transmission of the reference signal is not configured for the cross-time-unit transmission or repetition. Lou teaches determining, based on a modulation and coding scheme (MCS) level, that the transmission of the reference signal is not configured for the cross-time-unit transmission or repetition (see paragraph [0180], The preamble for the AP-specific part may have different modulation and coding scheme (MCS) from the common information part. The AP-specific information part may be coded and modulated with lower data rate so that a STA may be able to decode this part without repetition. This reads on determining, based on a modulation and coding scheme (MCS) level, that the transmission of the reference signal is not configured for the cross-time-unit transmission or repetition). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the configuring transmission of a reference signal for cross-time-unit transmission or repetition Wang adapt to include determining, based on a modulation and coding scheme (MCS) level, that the transmission of the reference signal is not configured for the cross-time-unit transmission or repetition because it would allow for a more efficient transmission of the reference signal (see Lou above). VII. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2022/0094499 A1, including application No. 63/080,612, filed on Sep. 18, 2020) in view of Cao et al (US 2021/0105104 A1). Regarding claim 10 Wang teaches the communication method according to claim 9, except for wherein at least one of the following cases exists: a case where the initial time domain offset of the transmission of the reference signal in a time unit occupied by the cross-time-unit transmission or repetition is determined based on a first time domain symbol occupied by the cross-time-unit transmission or repetition in a first time unit occupied by the cross-time-unit transmission or repetition; or, a case where the initial frequency domain offset of the transmission of the reference signal in a time unit occupied by the cross-time-unit transmission or repetition is determined based on a first frequency domain resource unit occupied by the cross-time-unit transmission or repetition in a first time unit occupied by the cross-time-unit transmission or repetition. Cao teaches a case where the initial frequency domain offset in a time unit occupied by the cross-time-unit transmission or repetition is determined based on a first frequency domain resource unit occupied by the cross-time-unit transmission or repetition in a first time unit occupied by the cross-time-unit transmission or repetition (see paragraph [0175], A frequency resource for a Frequency offset (FO) is indicated. The frequency offset can be an offset between odd frequency slots and even frequency slots. The frequency offset can be an offset between any adjacent pair of slots. This reads on a case where the initial frequency domain offset in a time unit occupied by the cross-time-unit transmission or repetition is determined based on a first frequency domain resource unit occupied by the cross-time-unit transmission or repetition in a first time unit occupied by the cross-time-unit transmission or repetition). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the transmission of the reference signal in Wang adapt to include a case wherein the initial frequency domain offset in a time unit occupied by the cross-time-unit transmission or repetition is determined based on a first frequency domain resource unit occupied by the cross-time-unit transmission or repetition in a first time unit occupied by the cross-time-unit transmission or repetition because it would allow for an efficient and well known mechanism for indicating frequency offset (see Cao above). Response to Arguments VIII. Applicant’s arguments with respect to claims 1-4, 6-10, 12-13, 26-28, and 30 have been considered but are moot in view of the new grounds of rejection. Conclusion IX. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached M-F. 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, Alison Slater can be reached at 571-270-0375. 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. /BRANDON J MILLER/ Primary Examiner, Art Unit 2647 April 28, 2026
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Prosecution Timeline

Jun 29, 2023
Application Filed
Dec 23, 2025
Non-Final Rejection mailed — §102, §103
Mar 23, 2026
Response Filed
Apr 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+8.5%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1072 resolved cases by this examiner. Grant probability derived from career allowance rate.

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