Office Action Predictor
Last updated: April 15, 2026
Application No. 18/368,926

UPLINK LATENCY REDUCTION IN FDD-TDD CARRIER AGGREGATION NETWORKS

Non-Final OA §103§DP
Filed
Sep 15, 2023
Examiner
MILLS, DONALD L
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Apple INC.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
96%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
787 granted / 932 resolved
+26.4% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
32 currently pending
Career history
964
Total Applications
across all art units

Statute-Specific Performance

§101
8.9%
-31.1% vs TC avg
§103
36.5%
-3.5% vs TC avg
§102
29.4%
-10.6% vs TC avg
§112
12.2%
-27.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 932 resolved cases

Office Action

§103 §DP
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 . 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) 1-4 and 6-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nory et al. (US 2018/0077718 A1), hereinafter referred to as D1, in view of Ng et al. (US 2017/0303283 A1), hereinafter referred to as D2. Regarding claims 1, 14, and 20, D1 discloses a method and apparatus for scheduling uplink transmissions with reduced latency, which comprises: configuring a periodic uplink (UL) resource on a first carrier of a user equipment (UB) (Referring to Figures 1-4, periodic BSR transmission utilizing configured uplink resources on a first carrier of a UE. See paragraphs 0035-0037 and 0099-0100.); transmitting a buffer status report (BSR) on the first carrier using the configured UL resource, the buffer status report indicating a request for transmission resources on a first carrier (Referring to Figures 1-3, requesting an UL grant (request for transmission resources) is a Buffer Status Report (BSR) based method. In this method, the UE can indicate the amount of outstanding data that it has to transmit using a Medium Access Control (MAC) layer message called BSR. The BSR can be carried on the physical layer using PUSCH. The PUSCH can be transmitted using one or more PRB-pairs in a subframe, with each PRB-par including two PRBs, where each PRB can be transmitted in each 0.5 ms slot of the subframe. See paragraphs 0027-0029.); receiving an UL grant for data transmission on the first carrier, the UL grant indicating transmission resources on the first carrier (Referring to Figures 1-3, per the standard the UE receives the UL grant for data transmission according to the requested UL grant for transmission over the carrier. See paragraphs 0020, 0027-0029 and 0036-0040.); and transmitting a user data packet on the first carrier using the transmission resources indicated in the UL grant (Referring to Figures 1-3, per the standard, transmitting data on the first carrier according to the UL grant. See paragraphs 0020, 0027-0029 and 0035-0040.) D1 does not disclose to request for transmission resources on a second carrier, receive the UL grant on the second carrier, and transmit user data packet on second carrier. D1 teaches the well-known system of requesting UL grant according to a BSR. D2 teaches the well-known technique of switching frequencies (first and second carriers) between cells. If the UE is configured with DL carrier aggregation of a FDD cell (Primary cell, first carrier) and a TDD cell (secondary cell, second carrier) and there is non-ideal backhaul connection between the two cells, both the FDD cell and the TDD cell require uplink transmission from the UE (in a different UL carrier for each cell) to deliver UL control information and UL data for the respective cell. This implies that a UE without UL CA capability may switch its UL carrier frequency between the two cells. Providing an UL frequency switching behavior between cells for a UE so that a network and the UE have a same understanding on when the UE can transmit on an UL frequency (switching between a first and second carrier). See Figures 14-15 and paragraphs 0182-0187. Further, D2 teaches providing UL switching as a function of UE Buffer Status Report (BSR). The UE's buffer status reports for the other carriers can be obtained via directly from the UE if the BSRs for multiple carriers are transmitted at least on the primary cell. See paragraphs 0226-0228. The claims are rejected under 35 U.S.C. 103 as being unpatentable over the well-known system of D1 utilizing the well-known technique of D2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known technique of frequency switching of D2 in the well-known system for requesting UL grants according to a BSR of D1. One of ordinary skill in the art before the effective filing date of the invention would have done implemented the well-known technique in the well-known system to transmit uplink control information and uplink data associated with a base station directly over the air to the base station concerned when inter-site inter-base station carrier aggregation is configured; thereby, improving system compatibility with additional networks and reducing signaling for time sensitive traffic. Regarding claims 2, D1 does not disclose wherein the first carrier is an FDD carrier. D2 teaches the well-known technique of switching frequencies (first and second carriers) between cells. If the UE is configured with DL carrier aggregation of a FDD cell (Primary cell, first carrier) and a TDD cell (secondary cell, second carrier) and there is non-ideal backhaul connection between the two cells, both the FDD cell and the TDD cell require uplink transmission from the UE (in a different UL carrier for each cell) to deliver UL control information and UL data for the respective cell. This implies that a UE without UL CA capability may switch its UL carrier frequency between the two cells. Providing an UL frequency switching behavior between cells for a UE so that a network and the UE have a same understanding on when the UE can transmit on an UL frequency (switching between a first and second carrier). See Figures 14-15 and paragraphs 0182-0187. Further, D2 teaches providing UL switching as a function of UE Buffer Status Report (BSR). The UE's buffer status reports for the other carriers can be obtained via directly from the UE if the BSRs for multiple carriers are transmitted at least on the primary cell. See paragraphs 0226-0228. The claims are rejected under 35 U.S.C. 103 as being unpatentable over the well-known system of D1 utilizing the well-known technique of D2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known technique of frequency switching of D2 in the well-known system for requesting UL grants according to a BSR of D1. One of ordinary skill in the art before the effective filing date of the invention would have done implemented the well-known technique in the well-known system to transmit uplink control information and uplink data associated with a base station directly over the air to the base station concerned when inter-site inter-base station carrier aggregation is configured; thereby, improving system compatibility with additional networks and reducing signaling for time sensitive traffic. Regarding claims 3 and 16, D1 does not disclose wherein the second carrier is a TDD carrier. D2 teaches the well-known technique of switching frequencies (first and second carriers) between cells. If the UE is configured with DL carrier aggregation of a FDD cell (Primary cell, first carrier) and a TDD cell (secondary cell, second carrier) and there is non-ideal backhaul connection between the two cells, both the FDD cell and the TDD cell require uplink transmission from the UE (in a different UL carrier for each cell) to deliver UL control information and UL data for the respective cell. This implies that a UE without UL CA capability may switch its UL carrier frequency between the two cells. Providing an UL frequency switching behavior between cells for a UE so that a network and the UE have a same understanding on when the UE can transmit on an UL frequency (switching between a first and second carrier). See Figures 14-15 and paragraphs 0182-0187. Further, D2 teaches providing UL switching as a function of UE Buffer Status Report (BSR). The UE's buffer status reports for the other carriers can be obtained via directly from the UE if the BSRs for multiple carriers are transmitted at least on the primary cell. See paragraphs 0226-0228. The claims are rejected under 35 U.S.C. 103 as being unpatentable over the well-known system of D1 utilizing the well-known technique of D2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known technique of frequency switching of D2 in the well-known system for requesting UL grants according to a BSR of D1. One of ordinary skill in the art before the effective filing date of the invention would have done implemented the well-known technique in the well-known system to transmit uplink control information and uplink data associated with a base station directly over the air to the base station concerned when inter-site inter-base station carrier aggregation is configured; thereby, improving system compatibility with additional networks and reducing signaling for time sensitive traffic. Regarding claims 4 and 17, D1 does not disclose wherein one or more slots of the first carrier are 1 millisecond (ins) long, and wherein one or more slots of the second carrier are 0.5 ms long. D2 teaches the well-known technique of switching frequencies (first and second carriers) between cells. If the UE is configured with DL carrier aggregation of a FDD cell (Primary cell, first carrier) and a TDD cell (secondary cell, second carrier) and there is non-ideal backhaul connection between the two cells, both the FDD cell and the TDD cell require uplink transmission from the UE (in a different UL carrier for each cell) to deliver UL control information and UL data for the respective cell. Providing an UL frequency switching behavior between cells for a UE so that a network and the UE have a same understanding on when the UE can transmit on an UL frequency (switching between a first and second carrier). See Figures 14-15 and paragraphs 0182-0187. Further, D2 teaches the switching period 1206 may be 0.5 ms and, when using pattern 1200b, the switching period 1206 may be 1.0 ms. See paragraphs 0159-0161 and 0187. The claims are rejected under 35 U.S.C. 103 as being unpatentable over the well-known system of D1 utilizing the well-known technique of D2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known technique of frequency switching of D2 in the well-known system for requesting UL grants according to a BSR of D1. One of ordinary skill in the art before the effective filing date of the invention would have done implemented the well-known technique in the well-known system to transmit uplink control information and uplink data associated with a base station directly over the air to the base station concerned when inter-site inter-base station carrier aggregation is configured; thereby, improving system compatibility with additional networks and reducing signaling for time sensitive traffic. Regarding claims 6 and 19, D1 does not disclose wherein the first carrier is different than the second carrier. D2 teaches the well-known technique of switching frequencies (first and second carriers) between cells. If the UE is configured with DL carrier aggregation of a FDD cell (Primary cell, first carrier) and a TDD cell (secondary cell, second carrier) and there is non-ideal backhaul connection between the two cells, both the FDD cell and the TDD cell require uplink transmission from the UE (in a different UL carrier for each cell) to deliver UL control information and UL data for the respective cell. This implies that a UE without UL CA capability may switch its UL carrier frequency between the two cells. Providing an UL frequency switching behavior between cells for a UE so that a network and the UE have a same understanding on when the UE can transmit on an UL frequency (switching between a first and second carrier). See Figures 14-15 and paragraphs 0182-0187. Further, D2 teaches providing UL switching as a function of UE Buffer Status Report (BSR). The UE's buffer status reports for the other carriers can be obtained via directly from the UE if the BSRs for multiple carriers are transmitted at least on the primary cell. See paragraphs 0226-0228. The claims are rejected under 35 U.S.C. 103 as being unpatentable over the well-known system of D1 utilizing the well-known technique of D2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known technique of frequency switching of D2 in the well-known system for requesting UL grants according to a BSR of D1. One of ordinary skill in the art before the effective filing date of the invention would have done implemented the well-known technique in the well-known system to transmit uplink control information and uplink data associated with a base station directly over the air to the base station concerned when inter-site inter-base station carrier aggregation is configured; thereby, improving system compatibility with additional networks and reducing signaling for time sensitive traffic. Regarding claim 7, D1 does not disclose wherein the first carrier uses a smaller bandwidth than the second carrier. D2 teaches improving utilization of carriers with small BWs or facilitate communication over different carrier frequencies, a communication system may include an aggregation of several carriers. For example, one carrier may have a BW of 10 MHz while another carrier may have a DL BW of 1.4 MHz or one carrier may operate at a frequency of 900 MHz while another carrier may operate at a frequency of 3.5 GHz. See paragraphs 0078-0081. The claims are rejected under 35 U.S.C. 103 as being unpatentable over the well-known system of D1 utilizing the well-known technique of D2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known technique of frequency switching of D2 in the well-known system for requesting UL grants according to a BSR of D1. One of ordinary skill in the art before the effective filing date of the invention would have done implemented the well-known technique in the well-known system to transmit uplink control information and uplink data associated with a base station directly over the air to the base station concerned when inter-site inter-base station carrier aggregation is configured; thereby, improving system compatibility with additional networks and reducing signaling for time sensitive traffic. Regarding claim 8, D1 does not disclose wherein the buffer status report on the first carrier indicates a request for resources on a second carrier when a size of buffered data satisfies a threshold size. D2 teaches the well-known technique of switching frequencies (first and second carriers) between cells. If the UE is configured with DL carrier aggregation of a FDD cell (Primary cell, first carrier) and a TDD cell (secondary cell, second carrier) and there is non-ideal backhaul connection between the two cells, both the FDD cell and the TDD cell require uplink transmission from the UE (in a different UL carrier for each cell) to deliver UL control information and UL data for the respective cell. This implies that a UE without UL CA capability may switch its UL carrier frequency between the two cells. Providing an UL frequency switching behavior between cells for a UE so that a network and the UE have a same understanding on when the UE can transmit on an UL frequency (switching between a first and second carrier). See Figures 14-15 and paragraphs 0182-0187. Further, D2 teaches providing UL switching as a function of UE Buffer Status Report (BSR) (threshold is interpreted as unity). The UE's buffer status reports for the other carriers can be obtained via directly from the UE if the BSRs for multiple carriers are transmitted at least on the primary cell. See paragraphs 0226-0228. The claims are rejected under 35 U.S.C. 103 as being unpatentable over the well-known system of D1 utilizing the well-known technique of D2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known technique of frequency switching of D2 in the well-known system for requesting UL grants according to a BSR of D1. One of ordinary skill in the art before the effective filing date of the invention would have done implemented the well-known technique in the well-known system to transmit uplink control information and uplink data associated with a base station directly over the air to the base station concerned when inter-site inter-base station carrier aggregation is configured; thereby, improving system compatibility with additional networks and reducing signaling for time sensitive traffic. Regarding claim 9, the primary reference further teaches wherein the periodic UL resource occurs every other slot for the first carrier (Referring to Figures 1-5, For regular and periodic BSR, if more than one LCG has data available for transmission in the TTI where the BSR is transmitted, a long BSR can be reported if the long BSR can be transmitted in the TTI. See paragraphs 0035-0037. The periodicity is configurable to every other slot.) Regarding claim 10, D1 does not disclose wherein the BSR indicates the request for transmission resources on the second carrier based on a selection of a logical channel group signaled in the BSR. D1 teaches in current LTE systems, buffer status can be indicated for 4 different Logical Channel Groups (LCGs). The number of LCGs can be extended for UEs configured with sTTI operation. For example, a UE can be allowed to report a buffer status of 5 or more LCGs. The UE can report BSR with LCG ID>=4 to indicate presence of low latency/critical data that needs sTTI based transmission. See paragraphs 0035-0037. D2 teaches the well-known technique of switching frequencies (first and second carriers) between cells. If the UE is configured with DL carrier aggregation of a FDD cell (Primary cell, first carrier) and a TDD cell (secondary cell, second carrier) and there is non-ideal backhaul connection between the two cells, both the FDD cell and the TDD cell require uplink transmission from the UE (in a different UL carrier for each cell) to deliver UL control information and UL data for the respective cell. This implies that a UE without UL CA capability may switch its UL carrier frequency between the two cells. Providing an UL frequency switching behavior between cells for a UE so that a network and the UE have a same understanding on when the UE can transmit on an UL frequency (switching between a first and second carrier). See Figures 14-15 and paragraphs 0182-0187. Further, D2 teaches providing UL switching as a function of UE Buffer Status Report (BSR) (threshold is interpreted as unity). The UE's buffer status reports for the other carriers can be obtained via directly from the UE if the BSRs for multiple carriers are transmitted at least on the primary cell. See paragraphs 0226-0228. The claims are rejected under 35 U.S.C. 103 as being unpatentable over the well-known system of D1 utilizing the well-known technique of D2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known technique of frequency switching of D2 in the well-known system for requesting UL grants according to a BSR of D1. One of ordinary skill in the art before the effective filing date of the invention would have done implemented the well-known technique in the well-known system to transmit uplink control information and uplink data associated with a base station directly over the air to the base station concerned when inter-site inter-base station carrier aggregation is configured; thereby, improving system compatibility with additional networks and reducing signaling for time sensitive traffic. Regarding claim 11, D1 does not disclose wherein the BSR indicates the request for transmission resources on the second carrier using a reserved LCID. D1 teaches in current LTE systems, buffer status can be indicated for 4 different Logical Channel Groups (LCGs). The number of LCGs can be extended for UEs configured with sTTI operation. For example, a UE can be allowed to report a buffer status of 5 or more LCGs. The UE can report BSR with LCG ID>=4 (interpreted as the claimed ID as the claim does not set forth a definition) to indicate presence of low latency/critical data that needs sTTI based transmission. See paragraphs 0035-0037. D2 teaches the well-known technique of switching frequencies (first and second carriers) between cells. If the UE is configured with DL carrier aggregation of a FDD cell (Primary cell, first carrier) and a TDD cell (secondary cell, second carrier) and there is non-ideal backhaul connection between the two cells, both the FDD cell and the TDD cell require uplink transmission from the UE (in a different UL carrier for each cell) to deliver UL control information and UL data for the respective cell. This implies that a UE without UL CA capability may switch its UL carrier frequency between the two cells. Providing an UL frequency switching behavior between cells for a UE so that a network and the UE have a same understanding on when the UE can transmit on an UL frequency (switching between a first and second carrier). See Figures 14-15 and paragraphs 0182-0187. Further, D2 teaches providing UL switching as a function of UE Buffer Status Report (BSR) (threshold is interpreted as unity). The UE's buffer status reports for the other carriers can be obtained via directly from the UE if the BSRs for multiple carriers are transmitted at least on the primary cell. See paragraphs 0226-0228. The claims are rejected under 35 U.S.C. 103 as being unpatentable over the well-known system of D1 utilizing the well-known technique of D2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known technique of frequency switching of D2 in the well-known system for requesting UL grants according to a BSR of D1. One of ordinary skill in the art before the effective filing date of the invention would have done implemented the well-known technique in the well-known system to transmit uplink control information and uplink data associated with a base station directly over the air to the base station concerned when inter-site inter-base station carrier aggregation is configured; thereby, improving system compatibility with additional networks and reducing signaling for time sensitive traffic. Regarding claim 12, D1 does not disclose wherein the BSR indicates the request for transmission resources on the second carrier based on a slot of the first carrier for transmitting the BSR. D2 teaches the well-known technique of switching frequencies (first and second carriers) between cells. If the UE is configured with DL carrier aggregation of a FDD cell (Primary cell, first carrier) and a TDD cell (secondary cell, second carrier) and there is non-ideal backhaul connection between the two cells, both the FDD cell and the TDD cell require uplink transmission from the UE (in a different UL carrier for each cell) to deliver UL control information and UL data for the respective cell. This implies that a UE without UL CA capability may switch its UL carrier frequency between the two cells. Providing an UL frequency switching behavior between cells for a UE so that a network and the UE have a same understanding on when the UE can transmit on an UL frequency (switching between a first and second carrier). See Figures 14-15 and paragraphs 0182-0187. Further, D2 teaches providing UL switching as a function of UE Buffer Status Report (BSR) (which is based upon the slot of the first carrier transmitting the BSR). The UE's buffer status reports for the other carriers can be obtained via directly from the UE if the BSRs for multiple carriers are transmitted at least on the primary cell. See paragraphs 0226-0228. The claims are rejected under 35 U.S.C. 103 as being unpatentable over the well-known system of D1 utilizing the well-known technique of D2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known technique of frequency switching of D2 in the well-known system for requesting UL grants according to a BSR of D1. One of ordinary skill in the art before the effective filing date of the invention would have done implemented the well-known technique in the well-known system to transmit uplink control information and uplink data associated with a base station directly over the air to the base station concerned when inter-site inter-base station carrier aggregation is configured; thereby, improving system compatibility with additional networks and reducing signaling for time sensitive traffic. Regarding claim 13, D1 does not disclose wherein a selection of the second carrier is based on a data type of data stored in the buffer of the UE. D2 teaches the well-known technique of switching frequencies (first and second carriers) between cells. If the UE is configured with DL carrier aggregation of a FDD cell (Primary cell, first carrier) and a TDD cell (secondary cell, second carrier) and there is non-ideal backhaul connection between the two cells, both the FDD cell and the TDD cell require uplink transmission from the UE (in a different UL carrier for each cell) to deliver UL control information and UL data for the respective cell. This implies that a UE without UL CA capability may switch its UL carrier frequency between the two cells. Providing an UL frequency switching behavior between cells for a UE so that a network and the UE have a same understanding on when the UE can transmit on an UL frequency (switching between a first and second carrier). See Figures 14-15 and paragraphs 0182-0187. Further, D2 teaches providing UL switching as a function of UE Buffer Status Report (BSR) (which is based data to be transmitted form the buffer, interpreted as a data type). The UE's buffer status reports for the other carriers can be obtained via directly from the UE if the BSRs for multiple carriers are transmitted at least on the primary cell. See paragraphs 0226-0228. The claims are rejected under 35 U.S.C. 103 as being unpatentable over the well-known system of D1 utilizing the well-known technique of D2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the well-known technique of frequency switching of D2 in the well-known system for requesting UL grants according to a BSR of D1. One of ordinary skill in the art before the effective filing date of the invention would have done implemented the well-known technique in the well-known system to transmit uplink control information and uplink data associated with a base station directly over the air to the base station concerned when inter-site inter-base station carrier aggregation is configured; thereby, improving system compatibility with additional networks and reducing signaling for time sensitive traffic Claim(s) 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nory et al. (US 2018/0077718 A1), hereinafter referred to as D1, in view of Ng et al. (US 2017/0303283 A1), hereinafter referred to as D2, in further view of Cheng et al. (US 2021/0168763 A1), hereinafter referred to as D3. Regarding claims 5 and 18, D1 does not disclose wherein at least one slot for the first carrier is a mini slot that is smaller than one or more other slots of the first carrier and for carrying the BSR. D3 teaches a communication device that supports D2D communications, base station device, and communication method, which comprises the VUE 20 transmits a buffer status report BSR to the base station 10 by using mini-slot s3. Note that the uplink resources for transmitting the buffer status report BSR to the base station 10 are designated by the above uplink grant. See paragraphs 0108-0110. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the mini-slots of D3 in the system of D1 and D2. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve system throughput by transmitting according to mini-slots. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claim 1-3, 10, and 11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9, 14, and 15 of copending Application No. 18369085 (reference application). Although the conflicting claims are not identical, they are not patentably distinct from each other because instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. ‘085 ‘926 9. A method for uplink latency reduction in a carrier aggregation network, the method comprising:configuring, at a user equipment (UE) a configured grant on a frequency division duplex (FDD) carrier of the UE; transmitting a buffer status report (BSR) using an instance of the configured grant; based on transmitting the BSR, receiving an uplink (UL) resource in a first uplink subframe on a time division duplex (TDD) carrier; and transmitting user data in the UL resource. See claim 9. See claim 9. 14. The method of claim 9, wherein the BSR indicates a request for transmission resources on a carrier based on a selection of a logical channel group signaled in the BSR. 15. The method of claim 9, wherein the BSR indicates a request for transmission resources on a carrier using a reserved logical cell identifier. 1. A method for transmitting uplink packet in a carrier aggregation network, the method comprising: configuring a periodic uplink (UL) resource on a first carrier of a user equipment (UB);transmitting a buffer status report (BSR) on the first carrier using the configured UL resource, the buffer status report indicating a request for transmission resources on a second carrier; receiving an UL grant for data transmission on the second carrier, the UL grant indicating transmission resources on the second carrier; and transmitting a user data packet on the second carrier using the transmission resources indicated in the UL grant. 2. The method of claim 1, wherein the first carrier is an FDD carrier. 3. The method of claim 1, wherein the second carrier is a TDD carrier. 10. The method of any of claims 1, wherein the BSR indicates the request for transmission resources on the second carrier based on a selection of a logical channel group signaled in the BSR. 11. The method of any of claims 1, wherein the BSR indicates the request for transmission resources on the second carrier using a reserved LCID. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Moon et al. (US 2018/0049227 A1) - a method and apparatus for uplink scheduling in a mobile communication system. The method of uplink scheduling for a user equipment (UE) in a mobile communication system may include identifying the amount of data stored in a buffer, generating a scheduling request (SR), and transmitting the SR to a base station (NB) on the basis of the identified data amount so that an uplink resource is to be allocated from the NB. Kazmi et al. (US 2016/0270047 A1) - method for selecting carrier aggregation (CA) configurations includes determining whether a first wireless device is operating or expected to operate using a single carrier configuration on a cell associated with a first frequency band. If the first wireless device is not operating or expected to operate using a single carrier configuration on a cell associated with a first frequency band, a first CA configuration is selected for a second wireless device. Rahman et al. (US 2016/0353343 A1) - a cell change for a UE is based on the target cell's uplink transmission configuration, including, for example, the maximum number of allowed UL physical channel (e.g., UL resource blocks) for the target cell. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM 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, Yemane Mesfin can be reached at 571-272-3927. 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. DONALD L. MILLS Primary Examiner Art Unit 2462 /Donald L Mills/ Primary Examiner, Art Unit 2462
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Prosecution Timeline

Sep 15, 2023
Application Filed
Sep 20, 2025
Non-Final Rejection — §103, §DP
Apr 04, 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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1-2
Expected OA Rounds
84%
Grant Probability
96%
With Interview (+12.0%)
2y 10m
Median Time to Grant
Low
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