Prosecution Insights
Last updated: August 18, 2026
Application No. 18/280,738

METHOD, DEVICE AND COMPUTER STORAGE MEDIUM OF COMMUNICATION

Non-Final OA §102
Filed
Sep 07, 2023
Priority
Mar 16, 2021 — nonprovisional of PCTCN2021081144
Examiner
MOORE JR, MICHAEL J
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
3 (Non-Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
817 granted / 909 resolved
+31.9% vs TC avg
Minimal +4% lift
Without
With
+4.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
26 currently pending
Career history
927
Total Applications
across all art units

Statute-Specific Performance

§101
7.5%
-32.5% vs TC avg
§103
35.0%
-5.0% vs TC avg
§102
26.2%
-13.8% vs TC avg
§112
17.8%
-22.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 909 resolved cases

Office Action

§102
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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/29/26 has been entered. 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. Claim(s) 32-34 and 36-38 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Babaei (U.S. 2022/0279456). Babaei teaches all of the limitations of the specified claims with the reasoning that follows. Regarding claim 32, “a method of a User Equipment (UE), comprising: receiving a Radio resource control (RRC) message comprising first information of a plurality of Physical Uplink Control Channel (PUCCH) cells, wherein the first information is for PUCCH cell switching” is anticipated by a wireless device (UE) that receives one or more RRC messages comprising configuration parameters (first information); where the configuration parameters comprise a first configuration parameter indicating a TPC PUCCH index for determining a first/starting bit of a TPC command in a DCI comprising TPC commands, and a second configuration parameter indicating a TPC-PUCCH RNTI; and where the TPC command(s) are applicable to a cell of a PUCCH group (plurality of PUCCH cells) as shown in Figure 21 and spoken of on page 18, paragraph [0175]. “Determining, based on the first information for PUCCH transmission, a slot and a cell corresponding to the slot, wherein the determining relates to a Hybrid Automatic Repeat Request-Acknowledgement (HARQ-ACK) procedure for Semi Persistent Scheduling (SPS) Physical Downlink Shared channel (PDSCH)” is anticipated by the wireless device that determines to switch a PUCCH carrier/cell (PUCCH cell switching) from a first cell/carrier of the PUCCH group (e.g. PCell/PSCell of a primary PUCCH group) to a second cell/carrier (determined cell) in the PUCCH group (e.g. a SCell in the primary PUCCH group) for transmission of PUCCH carrying HARQ feedback as shown in Figure 21 and spoken of on page 18, paragraph [0175]; where the switching between a first cell in the first plurality of cells of the PUCCH group to a second cell in the first plurality of cells may be based on a timing pattern of applicable PUCCH cells, where the received RRC configuration parameters may indicate the timing pattern, and where the RRC configuration parameters may indicate a slot format (slot) of the first cell (cell corresponding to slot) indicating uplink, downlink, and flexible symbols as spoken of on page 17, paragraph [0171]; and where an IE-SPS-Config may be used to configure downlink semi-persistent transmission via PDSCH and corresponding HARQ-ACK transmission as spoken of on page 15, paragraph [0153]. “Transmitting a PUCCH with the HARQ-ACK for the SPS PDSCH on the cell” is anticipated by the transmission of HARQ feedback via a PUCCH, where the HARQ feedback is associated with (relates to) corresponding downlink SPS configuration information as spoken of on page 20, paragraphs [0180]-[0181]. Lastly, “wherein the cell is determined based on the slot and second information indicating whether a primary cell is available for the PUCCH transmission” is anticipated by the determination of an applicable cell for PUCCH transmission from the plurality of cells based on one or more rules, where the one or more rules may be based on a number of available uplink symbols (second information) at a timing of HARQ feedback transmission for the first plurality of cells, and where the one or more rules may indicate a cell, in the first plurality of cells, that is associated with the highest priority and the number of available uplink symbols, at the timing of the HARQ feedback transmission, is sufficient for transmission of HARQ feedback (cell is available for PUCCH transmission) as spoken of on page 17, paragraph [0170]; and where the plurality of cells may comprise a primary cell and one or more secondary cells as spoken of on page 17, paragraph [0172]. Regarding claim 33, “receiving Downlink control information (DCI) comprising an indicator indicating a cell for second PUCCH transmission, and transmitting a PUCCH on a Secondary Cell (SCell) indicated by the indicator in the DCI” is anticipated by the wireless device that receives DCI associated with TPC-PUCCH RNTI comprising TPC commands (indicator); where the wireless device determines a TPC command based on the plurality of bits of the DCI and the TPC PUCCH index; and where the TPC command is applicable to a cell of a PUCCH group that is the PUCCH carrier used for PUCCH transmission (e.g. HARQ feedback transmission associated with a downlink TB or a SPS release DCI) as spoken of on page 18, paragraph [0175]. Regarding claim 34, “wherein: the cell is either a Primary Cell (PCell) or a Secondary Cell (SCell) for a PUCCH” is anticipated by the wireless device that determines to switch a PUCCH carrier/cell (PUCCH cell switching) from a first cell/carrier of the PUCCH group (e.g. PCell/PSCell of a primary PUCCH group) to a second cell/carrier (determined cell) in the PUCCH group (e.g. a SCell in the primary PUCCH group) for transmission of PUCCH carrying HARQ feedback as shown in Figure 21 and spoken of on page 18, paragraph [0175]. Regarding claim 36, “a User Equipment (UE), comprising: a memory storing instructions; and a processor configured to execute the instructions to: receive a Radio resource control (RRC) message comprising first information of a plurality of Physical Uplink Control Channel (PUCCH) cells, wherein the first information is for PUCCH cell switching” is anticipated by a wireless device (UE) that receives one or more RRC messages comprising configuration parameters (first information); where the configuration parameters comprise a first configuration parameter indicating a TPC PUCCH index for determining a first/starting bit of a TPC command in a DCI comprising TPC commands, and a second configuration parameter indicating a TPC-PUCCH RNTI; where the TPC command(s) are applicable to a cell of a PUCCH group (plurality of PUCCH cells) as shown in Figure 21 and spoken of on page 18, paragraph [0175]; and where wireless device 1502 includes a memory 1512 coupled to a data processing system 1524 (processor) as shown in Figure 15. “Determine, based on the first information for PUCCH transmission, a slot and a cell corresponding to the slot, wherein the determining relates to a Hybrid Automatic Repeat Request-Acknowledgement (HARQ-ACK) procedure for Semi Persistent Scheduling (SPS) Physical Downlink Shared channel (PDSCH)” is anticipated by the wireless device that determines to switch a PUCCH carrier/cell (PUCCH cell switching) from a first cell/carrier of the PUCCH group (e.g. PCell/PSCell of a primary PUCCH group) to a second cell/carrier (determined cell) in the PUCCH group (e.g. a SCell in the primary PUCCH group) for transmission of PUCCH carrying HARQ feedback as shown in Figure 21 and spoken of on page 18, paragraph [0175]; where the switching between a first cell in the first plurality of cells of the PUCCH group to a second cell in the first plurality of cells may be based on a timing pattern of applicable PUCCH cells, where the received RRC configuration parameters may indicate the timing pattern, and where the RRC configuration parameters may indicate a slot format (slot) of the first cell (cell corresponding to slot) indicating uplink, downlink, and flexible symbols as spoken of on page 17, paragraph [0171]; and where an IE-SPS-Config may be used to configure downlink semi-persistent transmission via PDSCH and corresponding HARQ-ACK transmission as spoken of on page 15, paragraph [0153]. “Transmit a PUCCH with the HARQ-ACK for the SPS PDSCH on the cell” is anticipated by the transmission of HARQ feedback via a PUCCH, where the HARQ feedback is associated with (relates to) corresponding downlink SPS configuration information as spoken of on page 20, paragraphs [0180]-[0181]. Lastly, “wherein the cell is determined based on the slot and second information indicating whether a primary cell is available for the PUCCH transmission” is anticipated by the determination of an applicable cell for PUCCH transmission from the plurality of cells based on one or more rules, where the one or more rules may be based on a number of available uplink symbols (second information) at a timing of HARQ feedback transmission for the first plurality of cells, and where the one or more rules may indicate a cell, in the first plurality of cells, that is associated with the highest priority and the number of available uplink symbols, at the timing of the HARQ feedback transmission, is sufficient for transmission of HARQ feedback (cell is available for PUCCH transmission) as spoken of on page 17, paragraph [0170]; and where the plurality of cells may comprise a primary cell and one or more secondary cells as spoken of on page 17, paragraph [0172]. Regarding claim 37, “the UE receives Downlink control information (DCI) comprising an indicator indicating a cell for second PUCCH transmission, and transmits a PUCCH on a Secondary Cell (SCell) indicated by the indicator in the DCI” is anticipated by the wireless device that receives DCI associated with TPC-PUCCH RNTI comprising TPC commands (indicator); where the wireless device determines a TPC command based on the plurality of bits of the DCI and the TPC PUCCH index; and where the TPC command is applicable to a cell of a PUCCH group that is the PUCCH carrier used for PUCCH transmission (e.g. HARQ feedback transmission associated with a downlink TB or a SPS release DCI) as spoken of on page 18, paragraph [0175]. Regarding claim 38, “wherein: the cell is either a Primary Cell (PCell) or a Secondary Cell (SCell) for a PUCCH” is anticipated by the wireless device that determines to switch a PUCCH carrier/cell (PUCCH cell switching) from a first cell/carrier of the PUCCH group (e.g. PCell/PSCell of a primary PUCCH group) to a second cell/carrier (determined cell) in the PUCCH group (e.g. a SCell in the primary PUCCH group) for transmission of PUCCH carrying HARQ feedback as shown in Figure 21 and spoken of on page 18, paragraph [0175]. Response to Arguments Applicant's arguments filed 5/29/26 have been fully considered but they are not persuasive. Regarding amended claims 32 and 36, Applicant argues that Babaei does not teach or suggest “the cell is determined based on the slot and second information indicating whether a primary cell is available for the PUCCH transmission”. However, upon further review of the disclosure of Babaei, it is maintained that Babaei teaches the newly added limitations as described above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J. MOORE, JR., whose telephone number is (571)272-3168. The examiner can normally be reached M-F (9am-4pm). 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, Hassan A. Phillips can be reached at (571)272-3940. 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. /MICHAEL J MOORE JR/Primary Examiner, Art Unit 2467
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Prosecution Timeline

Sep 07, 2023
Application Filed
Sep 05, 2025
Non-Final Rejection mailed — §102
Dec 05, 2025
Response Filed
Mar 03, 2026
Final Rejection mailed — §102
May 29, 2026
Request for Continued Examination
Jun 08, 2026
Response after Non-Final Action
Jun 29, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
90%
Grant Probability
94%
With Interview (+4.3%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 909 resolved cases by this examiner. Grant probability derived from career allowance rate.

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