Prosecution Insights
Last updated: August 17, 2026
Application No. 18/357,289

POWER CONTROL METHOD AND APPARATUS

Non-Final OA §103
Filed
Jul 24, 2023
Priority
Jan 25, 2021 — continuation of PCTCN2021073676
Examiner
DEAN, RAYMOND S
Art Unit
2645
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
631 granted / 896 resolved
+8.4% vs TC avg
Strong +15% interview lift
Without
With
+15.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
34 currently pending
Career history
936
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
65.7%
+25.7% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
6.7%
-33.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 896 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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 14, 2026 has been entered. Response to Arguments Applicant's arguments filed April 14, 2026 regarding Claim 1 have been fully considered but they are not persuasive. Nam further teaches determining a power index corresponding to the second power based on the correspondence between the at least one power and the at least one power index (Section 0126, SRS offset power index, which is corresponds to or is associated with the SRS power, the SRS power can vary thus rendering a scenario wherein there is a second SRS power, said second SRS power will have an associated SRS offset power index, the second SRS power can be a power that is an adjusted power from the first SRS power, the second SRS power offset index can be a power offset index that is adjusted from the first SRS power offset thus rendering an association between the second SRS power and associated second SRS offset power index and the first SRS power and associated first SRS offset power index). Applicant’s arguments, see Applicants’ remarks, filed April 14, 2026, with respect to the rejection(s) of claim(s) 6 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited prior art Yosukawa et al. (US 2021/0068059). Yosukawa further teaches determining path loss information based on the second power of the first reference signal (Section 0129, teaches path loss used for determining SRS power thus one can logically conclude that the pathloss is associated with the SRS power). 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. Claim(s) 1 – 3, 11 – 13, 21, 22, 25, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2018/0376430) in view of Nam et al. (US 2013/0077569). Regarding Claim 1, Liu teaches a power control method performed by a terminal device or a chip in a terminal device, comprising: determining a second power from at least one power based on a first power of a first reference signal (power of SRS (PsubSRSc) (See Sections 0025, 0026, formula 00004) is the second power, max power PsubcMAXc is the at least one power based on a first power of the SRS (see Section 0026, formula 00004)), wherein there is a correspondence between the at least one power and at least one parameter (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted using PRBs (Section 0012), which are the parameters thus there will be a correspondence between the power of the SRS and said PRB); and sending the first reference signal based on the second power (the SRS is power controlled (Sections 0025, 0026, formula 00004)); sending first information to a network device (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted to the eNB). Liu does not teach wherein there is a correspondence between the at least one power and at least one power index; sending first information to a network device, wherein the first information includes or indicates the power index corresponding to the second power, determining a power index corresponding to the second power based on the correspondence between the at least one power and the at least one power index. Nam, which also teaches the use of SRSs, teaches wherein there is a correspondence between the at least one power and at least one power index (Section 0126, SRS offset power index, which is corresponds to or is associated with the SRS power), the first information includes or indicates the power index corresponding to the second power (Section 0126, SRS offset power index, which is corresponds to or is associated with the SRS power); determining a power index corresponding to the second power based on the correspondence between the at least one power and the at least one power index (Section 0126, SRS offset power index, which is corresponds to or is associated with the SRS power, the SRS power can vary thus rendering a scenario wherein there is a second SRS power, said second SRS power will have an associated SRS offset power index, the second SRS power can be a power that is an adjusted power from the first SRS power, the second SRS power offset index can be a power offset index that is adjusted from the first SRS power offset thus rendering an association between the second SRS power and associated second SRS offset power index and the first SRS power and associated first SRS offset power index). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Liu with the above features of Nam for the purpose of providing enhanced coverage for cell edge users, which is a benefit of a cooperative multi-point (CoMP) system (google search string “benefits of a coordinated multi-point system”). The combination of Liu and Nam teaches sending/send first information to a network device, wherein the first information comprises or indicates the power index corresponding to the second power. Regarding Claim 11, Liu teaches a power control apparatus being a terminal device or a chip in a terminal device, comprising: one or more processors; and a memory having instructions stored thereon that, when executed by the one or more processors, wherein the one or more processors are configured cause the power control apparatus to: determine a second power from at least one power based on a first power of a first reference signal (power of SRS (PsubSRSc) (See Sections 0025, 0026, formula 00004) is the second power, max power PsubcMAXc is the at least one power based on a first power of the SRS (see Section 0026, formula 00004), typical UEs comprise memory that stores executable code run by processors of said UEs), wherein there is a correspondence between the at least one power and at least one parameter (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted using PRBs (Section 0012), which are the parameters thus there will be a correspondence between the power of the SRS and said PRB); and send the first reference signal based on the second power (the SRS is power controlled (Sections 0025, 0026, formula 00004)); and send first information to a network device (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted to the eNB). Liu does not teach wherein there is a correspondence between the at least one power and at least one power index; sending first information to a network device, wherein the first information includes or indicates the power index corresponding to the second power, determining a power index corresponding to the second power based on the correspondence between the at least one power and the at least one power index. Nam, which also teaches the use of SRSs, teaches wherein there is a correspondence between the at least one power and at least one power index (Section 0126, SRS offset power index, which is corresponds to or is associated with the SRS power), the first information includes or indicates a power index corresponding to the second power (Section 0126, SRS offset power index, which is corresponds to or is associated with the SRS power); determine a power index corresponding to the second power based on the correspondence between the at least one power and the at least one power index (Section 0126, SRS offset power index, which is corresponds to or is associated with the SRS power, the SRS power can vary thus rendering a scenario wherein there is a second SRS power, said second SRS power will have an associated SRS offset power index, the second SRS power can be a power that is an adjusted power from the first SRS power, the second SRS power offset index can be a power offset index that is adjusted from the first SRS power offset thus rendering an association between the second SRS power and associated second SRS offset power index and the first SRS power and associated first SRS offset power index) It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Liu with the above features of Nam for the purpose of providing enhanced coverage for cell edge users, which is a benefit of a cooperative multi-point (CoMP) system (google search string “benefits of a coordinated multi-point system”). The combination of Liu and Nam teaches sending/send first information to a network device, wherein the first information comprises or indicates the power index corresponding to the second power. Regarding Claims 2, 12, Liu in view of Nam teaches all of the claimed limitations recited in Claims 1, 11. Liu further teaches wherein there is a correspondence between the at least one power and at least one of at least one reference signal time-frequency resource and at least one reference signal sequence (Section 0012, PRB is a time-frequency resource, PLEASE NOTE: Examiner has interpreted this claims as disjunctive based on Section 0016 of Applicants’ specification). Regarding Claims 3, 13, Liu in view of Nam teaches all of the claimed limitations recited in Claims 2, 12. Liu further teaches the sending the first reference signal based on the second power comprises: sending, based on the second power, the first reference signal on a time-frequency resource corresponding to the second power (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted using PRBs (Section 0012))/the determining a second power of the first reference signal comprises/the power control apparatus is further caused to: determining/determine a power corresponding to a time-frequency resource of the first reference signal as the second power (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted using PRBs (Section 0012)). Regarding Claims 21, 25, Liu in view of Nam teaches all of the claimed limitations recited in Claims 1, 11. Liu further teaches wherein the first power is a power determined based on a first power control parameter (max power PsubcMAXc (see Section 0026, formula 00004) is the first power control parameter). Regarding Claims 22, 26, Liu in view of Nam teaches all of the claimed limitations recited in Claims 1, 11. Liu further teaches wherein the second power is a minimum power of one or more powers that are greater than or equal to the first power and that are of the at least one power; the second power is a maximum power of one or more powers that are less than or equal to the first power and that are of the at least one power; or the second power is a power that has a smallest deviation from the first power and that is of the at least one power (power of SRS (PsubSRSc) (See Sections 0025, 0026, formula 00004) is the second power, said second power can be a variety of values thus rendering a scenario wherein said second power is a power that has a smallest deviation from the first power and that is of the at least one power). Claim(s) 6 – 8, 16 – 18, 23, 24, 27, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2018/0376430) in view of Nam et al. (US 2013/0077569) and in further view of Yosukawa et al. (US 2021/0068059) Regarding Claim 6, Liu teaches a power control method performed by a network device or a chip in a network device, comprising: receiving a first reference signal (the SRS is power controlled and is transmitted on the uplink by the UE to a network entity such as a base station or eNB (Section 0025, 0026, formula 00004)); receiving first information from a terminal device (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted to the eNB); determining the second power of the first reference signal, wherein the second power is one of at least one power (power of SRS (PsubSRSc) (See Sections 0025, 0026, formula 00004) is the second power, max power PsubcMAXc is the at least one power based on a first power of the SRS (see Section 0026, formula 00004), when the eNB receives the SRS at a particular power on the uplink said particular power will be detected or determined by said eNB), and there is a correspondence between the at least one power and at least one parameter (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted using PRBs (Section 0012), which are the parameters thus there will be a correspondence between the power of the SRS and said PRB). Liu does not teach wherein the first information includes or indicates a power index corresponding to a second power, determining the second power of the first reference signal based on the power index corresponding to the second power, and there is a correspondence between the at least one power and at least one power index; and determining path loss information based on the second power of the first reference signal Nam, which also teaches the use of SRSs, teaches wherein the first information includes or indicates a power index corresponding to a second power (Section 0126, SRS offset power index, which corresponds to or is associated with the SRS power), and there is a correspondence between the at least one power and at least one power index (Section 0126, SRS offset power index, which is corresponds to or is associated with the SRS power). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Liu with the above features of Nam for the purpose of providing enhanced coverage for cell edge users, which is a benefit of a cooperative multi-point (CoMP) system (google search string “benefits of a coordinated multi-point system”). The combination of Liu and Nam teaches receiving first information from a terminal device wherein the first information includes or indicates a power index corresponding to a second power and determining the second power of the first reference signal based on the power index corresponding to the second power. Liu in view of Nam does not teach determining path loss information based on the second power of the first reference signal Yosukawa teaches determining path loss information based on the second power of the first reference signal (Section 0129, teaches path loss used for determining SRS power thus one can logically conclude that the pathloss is associated with the SRS power). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Liu in view of Nam with the above features of Yosukawa for the purpose of providing an UL (uplink) power control technique with respect to the UL signal that is transmitted without receiving the UL grant as taught by Yosukawa. Regarding Claim 16, Liu teaches a power control apparatus being a network device or a chip in a network device comprising: one or more processors; and a memory having instructions stored thereon that, when executed by the one or more processors, wherein the one or more processors are configured cause the power control apparatus to: receive a first reference signal (the SRS is power controlled and is transmitted on the uplink by the UE to a network entity such as a base station or eNB (Section 0025, 0026, formula 00004), typical base stations comprise memory that stores executable code run by processors of said base stations); receiving first information from a terminal device (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted to the eNB) and determine the second power of the first reference signal, wherein the second power is one of at least one power (power of SRS (PsubSRSc) (See Sections 0025, 0026, formula 00004) is the second power, max power PsubcMAXc is the at least one power based on a first power of the SRS (see Section 0026, formula 00004), when the eNB receives the SRS at a particular power on the uplink said particular power will be detected or determined by said eNB), and there is a correspondence between the at least one power and at least one parameter (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted using PRBs (Section 0012), which are the parameters thus there will be a correspondence between the power of the SRS and said PRB). Liu does not teach wherein the first information includes or indicates a power index corresponding to a second power, determining the second power of the first reference signal based on the power index corresponding to the second power, and there is a correspondence between the at least one power and at least one power index; and determining path loss information based on the second power of the first reference signal. Nam, which also teaches the use of SRSs, teaches wherein the first information includes or indicates a power index corresponding to a second power (Section 0126, SRS offset power index, which corresponds to or is associated with the SRS power), and there is a correspondence between the at least one power and at least one power index (Section 0126, SRS offset power index, which is corresponds to or is associated with the SRS power). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Liu with the above features of Nam for the purpose of providing enhanced coverage for cell edge users, which is a benefit of a cooperative multi-point (CoMP) system (google search string “benefits of a coordinated multi-point system”). The combination of Liu and Nam teaches receiving first information from a terminal device wherein the first information includes or indicates a power index corresponding to a second power and determining the second power of the first reference signal based on the power index corresponding to the second power. Liu in view of Nam does not teach determining path loss information based on the second power of the first reference signal Yosukawa teaches determining path loss information based on the second power of the first reference signal (Section 0129, teaches path loss used for determining SRS power thus one can logically conclude that the pathloss is associated with the SRS power). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Liu in view of Nam with the above features of Yosukawa for the purpose of providing an UL (uplink) power control technique with respect to the UL signal that is transmitted without receiving the UL grant as taught by Yosukawa. Regarding Claims 7, 17, Liu in view of Nam and in further view of Yosukawa teaches all of the claimed limitations recited in Claims 6, 16. Liu further teaches wherein there is a correspondence between the at least one power and at least one of at least one reference signal time-frequency resource and at least one reference signal sequence (Section 0012, PRB is a time-frequency resource, PLEASE NOTE: Examiner has interpreted this claims as disjunctive based on Section 0016 of Applicants’ specification). Regarding Claims 8, 18, Liu in view of Nam and in further view of Yosukawa teaches all of the claimed limitations recited in Claims 7, 17. Liu further teaches the sending the first reference signal based on the second power comprises: sending, based on the second power, the first reference signal on a time-frequency resource corresponding to the second power (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted using PRBs (Section 0012))/the determining a second power of the first reference signal comprises/the power control apparatus is further caused to: determining/determine a power corresponding to a time-frequency resource of the first reference signal as the second power (the SRS, which is power controlled (See Section 0026, formula 00004), is transmitted using PRBs (Section 0012)). Regarding Claims 23, 27, Liu in view of Nam and in further view of Yosukawa teaches all of the claimed limitations recited in Claims 6, 16. Liu further teaches wherein the second power is a minimum power of one or more powers that are greater than or equal to the first power and that are of the at least one power; the second power is a maximum power of one or more powers that are less than or equal to the first power and that are of the at least one power; or the second power is a power that has a smallest deviation from the first power and that is of the at least one power (power of SRS (PsubSRSc) (See Sections 0025, 0026, formula 00004) is the second power, said second power can be a variety of values thus rendering a scenario wherein said second power is a power that has a smallest deviation from the first power and that is of the at least one power) Regarding Claims 24, 28, Liu in view of Nam and in further view of Yosukawa teaches all of the claimed limitations recited in Claims 23, 27. Liu further teaches wherein the first power is a power determined based on a first power control parameter (max power PsubcMAXc (see Section 0026, formula 00004) is the first power control parameter). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND S DEAN whose telephone number is (571)272-7877. The examiner can normally be reached Monday-Friday, 6:00-2:30, EST. 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, Anthony S Addy can be reached at 571-272-7795. 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. /RAYMOND S DEAN/ Primary Examiner, Art Unit 2645 Raymond S. Dean May 21, 2026
Read full office action

Prosecution Timeline

Show 1 earlier event
Sep 20, 2023
Response after Non-Final Action
Jul 30, 2025
Non-Final Rejection mailed — §103
Oct 30, 2025
Response Filed
Jan 15, 2026
Final Rejection mailed — §103
Apr 14, 2026
Response after Non-Final Action
May 14, 2026
Request for Continued Examination
May 19, 2026
Response after Non-Final Action
May 27, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12707403
METHOD AND APPARATUS FOR INCREASING TRANSMIT POWER IN A SUB-TERAHERTZ COMMUNICATION SYSTEM
3y 9m to grant Granted Aug 11, 2026
Patent 12707445
BAND AGILE MOBILE BROADBAND RADIO, SYSTEM AND METHODS OF OPERATION
2y 7m to grant Granted Aug 11, 2026
Patent 12706665
ADAPTIVE SATELLITE DATA ACQUISITION OPTIMIZATION PLATFORM
1y 6m to grant Granted Aug 11, 2026
Patent 12689449
INTELLIGENT NOISE MITIGATION FOR ELECTRONIC DEVICES
4y 0m to grant Granted Jul 21, 2026
Patent 12684375
MOBILE TERMINAL TEST SYSTEM AND MOBILE TERMINAL TEST METHOD
3y 3m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
86%
With Interview (+15.3%)
3y 3m (~2m remaining)
Median Time to Grant
High
PTA Risk
Based on 896 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month