Prosecution Insights
Last updated: April 19, 2026
Application No. 18/374,442

WIRELESS COMMUNICATION METHOD AND TERMINAL DEVICE

Final Rejection §103§112
Filed
Sep 28, 2023
Examiner
SEFCHECK, GREGORY B
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
3y 8m
To Grant
89%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
469 granted / 677 resolved
+11.3% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
59 currently pending
Career history
736
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
56.9%
+16.9% vs TC avg
§102
22.6%
-17.4% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 677 resolved cases

Office Action

§103 §112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Amendment filed 2/13/2026 is acknowledged. Claims 1, 3, 9, 18, and 20 have been amended. The previous rejections of claim 20 under 35 USC 101 and claims 9-13 under 35 USC 112 are withdrawn in light of the present amendments. Claims 2, 4-7, and 19 have been cancelled. The previous rejection of claims 4-7 under 35 USC 112 are moot. Claims 21-26 have been added. Claims 1, 3, 8-18, and 20-26 remain pending. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 1, 3, 8-18, and 20-26 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Regarding claims 1, 18, and 20, the amended limitations specifying “a fifth SSB in the first beam set” render the claim indefinite because there are no prior limitations concerning a first through fourth SSB. It is unclear what the significance of a “fifth” SSB is to be considered in a broadest reasonable interpretation of the claims. For examination purposes, the “fifth SSB” will simply be considered as the SSB having the highest RSRP of the first beam set. Claims 3, 8-17, and 21-26 are rejected at least due to their dependence from claims 1, 18, or 20, respectively. Additionally, the further limitations of claims 9-13 render the claims indefinite because those claims contain limitations which contradict the limitations now added to claims 1, 18, and 20 from which the claims depend. 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. Claims 1, 3, 8-15, 17, 18, and 20-26 (as best understood) are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US20240098797A1), hereafter Liu, in view of Viering et al. (US20220322456A1), hereafter Viering. Regarding claims 1, 18, and 20, Liu discloses a terminal device (paragraph 3, 63; Fig. 19A, UE 1901) comprising a processor (Fig. 19A, 1936) and a memory/computer-readable storage medium (Fig. 19A, 1934) configured to store a computer program (paragraph 66, 71, 76, 77), and the processor is configured to invoke and execute the computer program to perform a method (Fig. 7-8) comprising determining, by the terminal device, whether Synchronization Signal Blocks (SSBs) in a first beam set are usable for a Configured Grant (CG) resource based Small Data Transmission (CG-SDT) (Fig. 7, steps 740-772; Fig. 8, steps 840-872; paragraphs 36-42, 45-49; CG-based SDT supported based on determining an association between CG resources and SSBs, determining if time alignment/CG resources are valid, and RSRP of SSBs > threshold). Liu discloses the first beam set comprises all SSBs, or the first beam set comprises a part or all of SSBs configured with CG resources (paragraphs 45-51; various CG to SSB associations from one to all SSBs). Liu does not expressly disclose performing transmission on a SSB with the highest RSRP in the first beam set when no SSB has RSRP satisfying the first threshold. Viering discloses analogous art of allocation contention-based and contention-free resources including performing SDT using CG resource on a SSB with the highest RSRP in the first beam set when no SSB has RSRP satisfying the first threshold (paragraphs 74-78; select SSR having the strongest RSRP when no SSBs have RSRP above a threshold). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Liu by performing transmission on a SSB with the highest RSRP in the first beam set when no SSB has RSRP satisfying the first threshold, as shown by Viering, thereby enabling transmission even if no SSBs have RSRP satisfying the threshold. Regarding claims 3, 21, and 24, The combination of Liu and Viering discloses determining, by the terminal device, whether the SSBs in the first beam set are usable for the CG-SDT comprises determining, by the terminal device, whether the SSBs in the first beam set are usable for the CG-SDT according to whether Reference Signal Received Power (RSRP) of the SSBs in the first beam set satisfies a first threshold (paragraph 45; SS-RSRP threshold configured for SSB selection to initiate CG-SDT). Regarding claims 8, 22, and 25, The combination of Liu and Viering discloses determining, by the terminal device, whether the SSBs in the first beam set are usable for the CG-SDT comprises determining, by the terminal device, whether the SSBs in the first beam set are usable for the CG-SDT according to whether the SSBs in the first beam set comprise available CG resources (paragraph 45; UE prefer CG-based resources to initiate SDT if SSBs meets the RSRP threshold). Regarding claims 9, 23, and 26, The combination of Liu and Viering discloses determining, by the terminal device, that the SSBs in the first beam set are usable for the CG-SDT when Reference Signal Received Power (RSRP) of at least one SSB in the first beam set satisfies a first threshold and an available CG resource exists on the at least one SSB (paragraph 45; UE prefer CG-based resources to initiate SDT if SSBs meets the RSRP threshold); or determining, by the terminal device, that the SSBs in the first beam set are unusable for the CG-SDT when RSRP of at least one SSB in the first beam set satisfies the first threshold and no available CG resource exists on the at least one SSB; or determining, by the terminal device, that the SSBs in the first beam set are unusable for the CG-SDT when no SSB having RSRP satisfying the first threshold exists in the first beam set (paragraph 45; if SS-RSRP of all SSBs associated with CG resources are below the threshold, SDT is initiated using RACH-based resources) or determining, by the terminal device, that the SSBs in the first beam set are usable for the CG-SDT when no SSB having RSRP satisfying the first threshold exists in the first beam set and an available CG resource exists on a randomly selected SSB in first beam set (paragraph 45; if SS-RSRP of all SSBs associated with CG resources are below the threshold, SDT is initiated using random access-based resources). Regarding claim 10, The combination of Liu and Viering discloses, when an available CG resource exists on the at least one SSB and the terminal device determines that the SSBs in the first beam set are usable for the CG-SDT: performing, by the terminal device, an SDT using a CG resource of one SSB with an available CG resource among the at least one SSB (paragraph 45; UE prefer CG-based resources to initiate SDT if SSBs meets the RSRP threshold). Regarding claim 12, The combination of Liu and Viering discloses, when the terminal device determines that the SSBs in the first beam set are unusable for the CG-SDT: performing, by the terminal device, a Random Access resource based Small Data Transmission (RA-SDT) on a sixth SSB in the first beam set; or performing, by the terminal device, a random access resource selection process, and performing the RA-SDT on a seventh SSB in a selected resource (paragraph 45; if SS-RSRP of all SSBs associated with CG resources are below the threshold, SDT is initiated using RACH-based resources). Regarding claim 13, The combination of Liu and Viering discloses, when no SSB having RSRP satisfying the first threshold exists in the first beam set and the terminal device determines that the SSBs in the first beam set are unusable for the CG-SDT: performing, by the terminal device, a Random Access resource based Small Data Transmission (RA-SDT) on an eighth SSB in the first beam set; or performing, by the terminal device, a random access resource selection process, and performing the RA-SDT on a ninth SSB in a selected resource (paragraph 45; if SS-RSRP of all SSBs associated with CG resources are below the threshold, SDT is initiated using RACH-based resources). Regarding claim 14, The combination of Liu and Viering discloses the first threshold is pre-configured or agreed by a protocol, or the first threshold is configured by a network device (paragraph 45; SS-RSRP threshold is configured). Regarding claim 15, The combination of Liu and Viering discloses the CG resource used for the SDT is configured by a network device (paragraph 40; configured by RRC). Regarding claim 16, The combination of Liu and Viering discloses the first threshold is used for the CG-SDT and a Random Access resource based Small Data Transmission (RA-SDT) (paragraph 45; SS-RSRP threshold) or the first threshold comprises a first sub-threshold and a second sub-threshold, wherein the first sub-threshold is used for the CG-SDT, and the second sub-threshold is used for the RA-SDT. Regarding claim 17, The combination of Liu and Viering discloses a first threshold configuration for configuring the first threshold is comprised in a configuration of the CG resource and/or a configuration of an RA resource; or a first sub-threshold configuration for configuring the first sub-threshold is comprised in a configuration of the CG resource, and a second sub-threshold configuration for configuring the second sub-threshold is comprised in a configuration of the RA resource; or one or more of the first threshold configuration for configuring the first threshold, the first sub-threshold configuration for configuring the first sub-threshold, and the second sub-threshold configuration for configuring the second sub-threshold is comprised in a Radio Resource Control (RRC) release message (paragraphs 36-48; configuration under RRC states/messages; paragraph 45; SS-RSRP threshold). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Liu and Viering and further in view of Chen et al. (US20230030443A1), hereafter Chen. Regarding claim 11, Liu discloses, when an available CG resource exists on the randomly selected SSB in the first beam set and the terminal device determines that the SSBs in the first beam set are usable for the CG-SDT: performing, by the terminal device, an SDT using the CG resource on the randomly selected SSB in the first beam set (as shown above) but Liu fails to expressly disclose a randomly selected SSB. Chen discloses analogous art (Title: Method of Small Data Transmission and Related Device) including randomly selecting an SSB with corresponding RSRP greater than the threshold for small data transmission via preconfigured PUSCH resources (paragraph 62). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Liu and Viering by randomly selecting an SSB, as shown by Chen, thereby enabling efficient small data transmission over pre-configured resources in various RRC states. Response to Arguments Applicant’s arguments with respect to pending claims, as amended, have been considered but are moot because the new ground of rejection relies on the newly-cited Viering reference for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 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 GREGORY B SEFCHECK whose telephone number is (571)272-3098. The examiner can normally be reached Monday-Friday 6AM-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, Chirag Shah can be reached at 571-272-3144. 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. /GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477
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Prosecution Timeline

Sep 28, 2023
Application Filed
Dec 15, 2025
Non-Final Rejection — §103, §112
Feb 13, 2026
Response Filed
Mar 09, 2026
Final Rejection — §103, §112 (current)

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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
69%
Grant Probability
89%
With Interview (+20.0%)
3y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 677 resolved cases by this examiner. Grant probability derived from career allow rate.

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