Prosecution Insights
Last updated: May 29, 2026
Application No. 18/288,175

RESPONSE TO UE REQUESTING MSG3 PUSCH REPETITIONS

Final Rejection §102
Filed
Oct 24, 2023
Priority
Jul 01, 2021 — nonprovisional of PCTCN2021103964
Examiner
ELPENORD, CANDAL
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
979 granted / 1091 resolved
+31.7% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
14 currently pending
Career history
1116
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
78.0%
+38.0% vs TC avg
§102
8.7%
-31.3% vs TC avg
§112
6.4%
-33.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1091 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 . Response to Amendment Claims 1-2, 9, 11-12, 14-16, 22, 24-25, 27 have been amended. Claims 13 and 26 have been cancelled. The status of claim 1-12, 14-25, and 27 remains pending. Response to Arguments Applicant's arguments filed on February 2, 2026 have been fully considered but they are not persuasive. The Applicant alleged that Echigo does not disclose or suggest “receive, from the base station, an indication of an indication for one or more fields, wherein the one or more fields are reconfigured based on the indication to indicate a number of repetitions of the at least one of the PUSCH transmission or the PUSCH retransmission for the random access Msg3; receive, from the base station, the one or more fields, wherein the one or more fields are indicative of the number of repetitions based on the indication.” In response, the Examiner respectfully disagrees because the Echigo under the broadest reasonable interpretation discloses the Applicant claim invention in spite of the amended features. With respect to the applicant’s arguments regarding claim 12, and 25 in relation to “wherein the indication transmitted to the base station includes a repetition parameter indicative of the number of repetitions of the at least one of the PUSCH transmission or the PUSCH retransmission for the random access Msg3”, the Examiner respectfully disagrees because Echigo discloses the above claim limitations as shown below. Echigo discloses the aforementioned claim elements (section 0150-0158, 0173-0174, 0180-0184), the UE uses bit field of RAR UL grant to request the number of Msg3 repetitions to the gNB or base station. 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. Claims 12, 14, 25, 27 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Echigo et al (US 2024/0283559 A1). Regarding claim 12 (Currently Amended), Echigo ‘559 discloses an apparatus for wireless communication at a user equipment (UE) (fig. 1, radio communication system 10 that includes UE/terminal 200 coupled to base station/gNB 100A, section 0030-0034), comprising: a processing system (fig. 9, fig. 11,, radio communication system 10 that includes UE/terminal 200 coupled to base station/gNB 100A, section 0030-0034), configured to: transmit (fig. 9, fig. 11, communication apparatus/ reception section 201/transmitting section 202, the UE transmits control information/uplink using a PUSH /requests repetitive transmission of a PUSCH Msg3 initial, section 0164-0173, 0200-0210, section 0200-0210), to a base station (see, Msg3 repetition request to the gNB, section 0077, number of repetitions of PUSCH (Msg3 re-transmission), section 0129),, an indication for repetitions (see, the UE requested repetition of Msg3/number of repetitions of MSG 3 initial transmission, section 0088-0089, 0173) of at least one of a physical uplink shared channel (PUSCH) transmission or a PUSCH retransmission for a random access message 3 (Msg3) (see, Msg3 repetition request to the gNB, section 0077, number of repetitions of PUSCH (Msg3 re-transmission), section 012, 01739), wherein the transmitted indication indicates to the base station to use one or more fields (noted: it is clear the base station use the information in the Msg request to respond to the UE in the form of RAR UL grant that includes a field indicating the number of Msg3 repetitions, section 0151-0152, 0173) to determine a number of the repetitions of the at least one of the PUSCH transmission or the PUSCH retransmission for the random access Msg3 (section 0173-the initial Msgs3 with respect to the number of repetitions of PUSCH based on bit value); and wherein the indication transmitted to the base station includes a repetition parameter indicative (Noted: the transmission by the UE is related field or flag bit relating to the number of repetitions) of the number of repetitions of the at least one of the PUSCH transmission (see, the number of the repetitions of Msg3 in the RACH procedure, section 0173-0174) or the PUSCH retransmission for the random access Msg3) (section 180-0184, the control section transmits random access preamble); and transmit the number of repetitions of the at least one of the PUSCH transmission or the PUSCH retransmission based on the transmitted indication (see, fig. 8, bit field values corresponding to the number of PUSCH repetitions, 080-0081, 0092-0096, the UE uses the values of the bit field to determine the number of petitions of Msg3 initial transmission or number of repetitions of Msg3 retransmission, section 0151-0152, 0158-0162, 080-0081, 0092-0096). Regarding claim 14 (Currently Amended), Echigo ‘559 discloses the apparatus of claim 12, further comprising a transceiver coupled to the processing system (fig. 9, fig. 11, see, UE 200 that includes a memory 1002 coupled to a processor 1001, storage 1003 and communication apparatus 1004, section 0200-0210). Regarding claim 25 (Currently Amended), Echigo ‘559 discloses an apparatus (fig. 1, radio communication system 10 the comprises a gNB/base station 100 that is coupled to a UE 200, section 0030-0034) of wireless communication at a base station (fig. 10 to fig. 11, , base station/gNB 100, section 0200-0210, the base station/gNB 100 transmits RAR UL grant to the UE in response to a request, section 0107, 0112, 0137, 0150-0152), comprising: a processing system (fig. 11, gNB/base station 100 that comprises a memory 1002 coupled to a processor 1001 and communication apparatus 1004, section 0200-0210) configured to: receive (see, Msg3 repetition request to the gNB, section 0077, number of repetitions of PUSCH (Msg3 re-transmission), section 0129), from a user equipment (UE) (fig. 9, fig. 11, communication apparatus/ reception section 201/transmitting section 202, the UE transmits control information/uplink using a PUSCH /requests repetitive transmission of a PUSCH Msg3 initial, section 0164-0173, 0200-0210, section 0200-0210), an indication for repetitions of at least one of a physical uplink shared channel (PUSCH) transmission (see, the request relating to indication with a number of repetitions of Msg3 retransmission or initial Msg transmission, section 0157-0162) or a PUSCH retransmission for a random access message 3 (Msg3) (see, Msg3 repetition request to the gNB, section 0077, number of repetitions of PUSCH (Msg3 re-transmission), section 0129), wherein the received indication indicates to the base station one or more fields to determine a number of the repetitions of the at least one of the PUSCH transmission or the PUSCH retransmission for the random access Msg3 (noted: it is clear the base station use the information in the Msg request to respond to the UE in the form of RAR UL grant that includes a field indicating the number of Msg3 repetitions, section 0151-0152, 0173); and wherein the indication transmitted to the base station includes a repetition parameter indicative of the number of repetitions of the at least one of the PUSCH transmission (see, the number of the repetitions of Msg3 in the RACH procedure, section 0173-0174) or the PUSCH retransmission for the random access Msg3) (section 180-0184, the control section transmits random access preamble); and receive the number of repetitions of the at least one of the PUSCH transmission or the PUSCH retransmission based on the received indication (see, fig. 8, bit field values corresponding to the number of PUSCH repetitions, 080-0081, 0092-0096, the UE uses the values of the bit field to determine the number of petitions of Msg3 initial transmission or number of repetitions of Msg3 retransmission, section 0151-0152, 0158-0162, 080-0081, 0092-0096). Regarding claim 27 (Currently Amended), Echigo ‘559 discloses the apparatus of claim 25, further comprising a transceiver (noted: the gNB transmits control information to the UE using antenna/transceiver, section 0165-0166) coupled to the processing system (fig. 11, gNB/base station 100 that comprises a memory 1002 coupled to a processor 1001 and communication apparatus 1004, section 0200-0210). Allowable Subject Matter Claims 1-11, 15-24 are allowed. The closest prior arts either singularly or in combination fails to reasonably anticipate or render obvious “receive, from the base station, an indication of an interpretation for one or more fields, wherein the one or more fields are reconfigured based on the indication to indicate a number of repetitions of the at least one of the PUSCH transmission or the PUSCH retransmission for the random access Msg3; receive, from the base station, the one or more fields, wherein the one or more fields are indicative of the number of repetitions based on the indication; and transmit the number of repetitions of the at least one of the PUSCH transmission or the PUSCH retransmission based on the use of the one or more fields to determine the number of repetitions of the at least one of the PUSCH transmission or the PUSCH retransmission for the random access Msg3” recited in claims 1 and 15 respectively. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CANDAL ELPENORD whose telephone number is (571)270-3123. The examiner can normally be reached 9 am -6 pm 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, Kwang B Yao can be reached at 571 272-3182. 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. /CANDAL ELPENORD/Primary Examiner, Art Unit 2473
Read full office action

Prosecution Timeline

Oct 24, 2023
Application Filed
Nov 03, 2025
Non-Final Rejection mailed — §102
Feb 02, 2026
Response Filed
Apr 01, 2026
Final Rejection mailed — §102
May 27, 2026
Response after Non-Final Action

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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
99%
With Interview (+12.6%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1091 resolved cases by this examiner. Grant probability derived from career allowance rate.

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