Prosecution Insights
Last updated: April 19, 2026
Application No. 18/375,451

TRANSMISSION METHOD AND APPARATUS, TERMINAL, AND NETWORK-SIDE DEVICE

Final Rejection §103
Filed
Sep 29, 2023
Examiner
LEMA LEMOS, LUIS GUILLERMO
Art Unit
2419
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
2 (Final)
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-58.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
36 currently pending
Career history
36
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
68.4%
+28.4% vs TC avg
§102
17.4%
-22.6% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 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 . This office action is in response to communications filed on 01/04/2026. Claims 1-19 are pending and rejected. Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-3, 5, 7-9, 11, 14-16, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 20180248662 A1) (hereinafter “Kim”) in view of Ibrahim et al (US 20220014298 A1) (hereinafter “Ibrahim”). Regarding claim1, Kim discloses a transmission method, comprising: determining, by a terminal, locations of frequency domain resources in a Frequency Division Duplexing (FDD) pattern (see Fig. 14, Fig.15, para. [0008];[0011] discloses a method for FDD using flexible FDD frame); and performing, by the terminal, transmission according to the locations of the frequency domain resources (see para. [0012] discloses UE using flexible FDD frame in wireless communication system). Kim fails to disclose but Ibrahim teaches wherein the locations of the frequency domain resources comprise any one of the following: a downlink frequency domain resource located at at least one edge in a frequency bandwidth of a downlink Bandwidth Part (BWP) or a downlink carrier (see Fig. 12, DL BWP (DL data) on the edges), and an uplink frequency domain resource or a flexible frequency domain resource located in at least part of a target area in the frequency bandwidth of the downlink BWP or the downlink carrier (see Fig. 12, DL BWP (DL data) on the edges and UL data area in the target area); or an uplink frequency domain resource located at at least one edge in a frequency bandwidth of an uplink BWP or an uplink carrier (see Fig. 11, DL BWP , PUSCH UE1 for UL in edge, and DL data for UE2), and a downlink frequency domain resource or a flexible frequency domain resource located in at least part of a target area in the frequency bandwidth of the uplink BWP or the uplink carrier (see Fig. 11, DL BWP , PUSCH UE1 for UL in edge, and DL data for UE2), wherein the target area is an area other than the at least one edge in the frequency bandwidth (see Fig. 12, DL BWP (DL data) on the edges and UL data area in the target area). Kim and Ibrahim are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus performing FDD. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the domain resources as described by Ibrahim. The motivation to combine both references would come from improving resource utilization and flexibility. PNG media_image1.png 611 868 media_image1.png Greyscale PNG media_image2.png 641 877 media_image2.png Greyscale Regarding claim 2, Kim discloses a transmission method wherein a guard gap is arranged between every two of the downlink frequency domain resource, the uplink frequency domain resource, and the flexible frequency domain resource (see Fig. 15., para [0030] discloses method for setting UL in two consecutive UL subframes, with the order DL/GT/UL). Regarding claim 3, Kim discloses a transmission method wherein a frequency domain resource supporting flexible duplexing is configured as the flexible frequency domain resource (see Fig.11, Fig.13, para. [0026];[0028];[0098] discloses flexible FDD scheme). Regarding claim 5, Kim discloses a transmission method wherein the determining locations of frequency domain resources further comprises: determining a location of the uplink frequency domain resource (see Fig.10-12, para. [0100]-[0102] discloses FDD switching UL resources for use as DL resources) or the downlink frequency domain resource (see Fig.10-12, para. [0100]-[0102] discloses FDD switching UL resources for use as DL resources) or the flexible frequency domain resource in a half-duplexing pattern (see Fig.10-12, para. [0100]-[0102] discloses FDD switching UL resources for use as DL resources). Regarding claim 7, Kim discloses a transmission method, comprising: determining, by a terminal, locations of frequency domain resources in a Time Division Duplexing (TDD) pattern (see para. [0116];[0117] discloses TDD transmission scheme, including guard time), and performing, by the terminal, transmission according to the locations of the frequency domain resources (see Fig. 11 para. [0012];[0098] discloses UE using flexible FDD frame in wireless communication system; The flexible FDD utilizes UL band as DL band during specific time), Kim fails to disclose but Ibrahim teaches wherein the locations of the frequency domain resources comprise any one of the following: a downlink frequency domain resource located at at least one edge in a frequency bandwidth of a Bandwidth Part (BWP) or a carrier corresponding to a downlink slot (see Fig. 12, DL BWP (DL data) on the edges), and an uplink frequency domain resource or a flexible frequency domain resource located in at least part of a target area in the frequency bandwidth of the BWP or the carrier corresponding to the downlink slot (see Fig. 12, DL BWP (DL data) on the edges and UL data area in the target area); or an uplink frequency domain resource located at at least one edge in a frequency bandwidth of a BWP or a carrier corresponding to an uplink slot, and a downlink frequency domain resource or a flexible frequency domain resource located in at least part of a target area in the frequency bandwidth of the BWP or the carrier corresponding to the uplink slot (This part is optional), wherein the target area is an area other than the at least one edge in the frequency bandwidth (see Fig. 12, DL BWP (DL data) on the edges and UL data area in the target area). Kim and Ibrahim are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus performing FDD. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the domain resources as described by Ibrahim. The motivation to combine both references would come from improving resource utilization and flexibility. Regarding claim 8, Kim discloses a transmission method wherein a guard gap is arranged between every two of the downlink frequency domain resource (see Fig. 13, discloses guard gap between two DL resources and a guard gap with the UL resource), the uplink frequency domain resource (see Fig. 13, discloses guard gap between two DL resources and a guard gap with the UL resource), and the flexible frequency domain resource (see Fig. 13, discloses guard gap between two DL resources and a guard gap with the UL resource). Regarding claim 9, Kim discloses a transmission method wherein a flexible slot or a predetermined quantity of symbols are arranged between the uplink slot and the downlink slot (see Fig. 3 para. [0018];[0054];[0057] discloses a GP between the UL slots and DL slots in a subframe) Regarding claim 11, Kim discloses a transmission method wherein a frequency domain resource supporting flexible duplexing is configured as the flexible frequency domain resource (see Fig. 10-11, para [0100] discloses UL frequency resources can be utilized as frequency resources for DL in the flexible FDD scheme). Regarding claim 14, Kim discloses a terminal, comprising: a processor; a memory having a computer program or an instruction stored thereon, wherein the computer program or the instruction, when executed by the processor, causes the processor to implement operations (see Fig. 2, para [0040];[0049] discloses data processor, memory, storing program), comprising: determining locations of frequency domain resources in a Frequency Division Duplexing (FDD) pattern (see Fig. 11, para [0098] discloses flexible FDD using UL and DL bands during specific time); and performing transmission according to the locations of the frequency domain resources, wherein the locations of the frequency domain resource (see Fig. 14, Fig.15, para. [001];[0008];[0011];[0012] discloses a method for FDD using flexible FDD frame; UE for communications using FDD, using flexible FDD frame). Kim fails to disclose but Ibrahim teaches comprising any one of the following: a downlink frequency domain resource located at at least one edge in a frequency bandwidth of a downlink Bandwidth Part (BWP) or a downlink carrier (see Fig. 12, DL BWP (DL data) on the edges), and an uplink frequency domain resource or a flexible frequency domain resource located in at least part of a target area in the frequency bandwidth of the downlink BWP or the downlink carrier (see Fig. 12, DL BWP (DL data) on the edges and UL data area in the target area); or an uplink frequency domain resource located at at least one edge in a frequency bandwidth of an uplink BWP or an uplink carrier (see Fig. 11, DL BWP , PUSCH UE1 for UL in edge, and DL data for UE2),, and a downlink frequency domain resource or a flexible frequency domain resource located in at least part of a target area in the frequency bandwidth of the uplink BWP or the uplink carrier (see Fig. 11, DL BWP , PUSCH UE1 for UL in edge, and DL data for UE2), wherein the target area is an area other than the at least one edge in the frequency bandwidth (see Fig. 12, DL BWP (DL data) on the edges and UL data area in the target area). Kim and Ibrahim are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus performing FDD. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the domain resources as described by Ibrahim. Regarding claim 15, Kim discloses a terminal according wherein a guard gap is arranged between every two of the downlink frequency domain resource (see Fig. 13, discloses guard gap between two DL resources and a guard gap with the UL resource), the uplink frequency domain resource (see Fig. 13, discloses guard gap between two DL resources and a guard gap with the UL resource), and the flexible frequency domain resource (see Fig. 13, discloses guard gap between two DL resources and a guard gap with the UL resource). Regarding claim 16, Kim discloses a terminal wherein a frequency domain resource supporting flexible duplexing is configured as the flexible frequency domain resource (see Fig. 10-11, para [0100] discloses UL frequency resources can be utilized as frequency resources for DL in the flexible FDD scheme). Regarding claim 18, Kim discloses a terminal wherein the determining locations of frequency domain resources further comprises: determining a location of the uplink frequency domain resource (see Fig.10-12, para. [0100]-[0102] discloses FDD switching UL resources for use as DL resources) or the downlink frequency domain resource (see Fig.10-12, para. [0100]-[0102] discloses FDD switching UL resources for use as DL resources) or the flexible frequency domain resource in a half-duplexing pattern (see Fig.10-12, para. [0100]-[0102] discloses FDD switching UL resources for use as DL resources). Claims 4, 6, 10, 12, 13, 17, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 20180248662 A1) (hereinafter “Kim”) in view of Ibrahim (US 20220014298 A1) (hereinafter “Ibrahim2”) as applied to claims 1, 7, 14 above and further in view of Wang et al (US 20240080811 A1) (hereinafter “Wang”). Regarding claim 4, Kim fails to disclose a transmission method wherein the locations of the frequency domain resources further comprise at least one of the following: the downlink frequency domain resource configured with a Control Resource Set (CORESET), or the flexible frequency domain resource configured with a CORESET when the flexible frequency domain resource is used as the downlink frequency domain resource. However, Wang teaches wherein the locations of the frequency domain resources further comprise at least one of the following: the downlink frequency domain resource configured with a Control Resource Set (CORESET) (see para. [0074]-[0077] discloses UL/DL attribute of flexible transmission resources are different but not conflicting, or specific frequency domain regions area configured with specific attribute, for example CORESET block can only be configured to be downlink), or the flexible frequency domain resource configured with a CORESET when the flexible frequency domain resource is used as the downlink frequency domain resource (see para. [0074]-[0077] discloses UL/DL attribute of flexible transmission resources are different but not conflicting, or specific frequency domain regions area configured with specific attribute, for example CORESET block can only be configured to be downlink). Kim and Wang are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus performing flexible FDD. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the CORESET as described by Wang. The motivation to combine both references would come from improving resource utilization and flexibility. Regarding claim 6, Kim fails to disclose a transmission method further comprising: stopping, by the terminal, using the flexible frequency domain resource as the uplink frequency domain resource when the flexible frequency domain resource satisfies a predetermined condition, wherein the predetermined condition comprises: the flexible frequency domain resource comprises a Synchronization Signal Block (SSB) or CORESET 0. However, Wang teaches a transmission method further comprising: stopping, by the terminal, using the flexible frequency domain resource as the uplink frequency domain resource when the flexible frequency domain resource satisfies a predetermined condition, wherein the predetermined condition comprises: the flexible frequency domain resource comprises a Synchronization Signal Block (SSB) or CORESET 0 (see para. [0074]-[0077];[0085] discloses UL/DL attribute of flexible transmission resources are different but not conflicting, or specific frequency domain regions area configured with specific attribute, for example all regions in a slot/symbol containing SS (Synchronization Signals) or CORESET 0 block can only be configured to be downlink; the specific slot/symbol is determined according to a predefined rule). Kim and Wang are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus performing flexible FDD. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the CORESET and Synchronization Signal as described by Wang. The motivation to combine both references would come from improving resource utilization and flexibility. Regarding claim 10, Kim fails to disclose a transmission method wherein the deployment locations of the frequency domain resources further comprise: the frequency domain resources deployed at the edge of the band, in the presence of an interference frequency range, as frequency domain resources in the same transmission direction as frequency domain resources of the interference frequency range. However, Wang teaches disclose a transmission method wherein the deployment locations of the frequency domain resources further comprise: the frequency domain resources deployed at the edge of the band, in the presence of an interference frequency range, as frequency domain resources in the same transmission direction as frequency domain resources of the interference frequency range (see para. [0073] discloses controlling the configuration of different uplink/downlink attributes, the interference between signals in different transmission directions can be reduced, or the frequency domain resources reserved for reducing the interference be reduced, improving the system transmission efficiency). Kim and Wang are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus performing flexible FDD. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the domain resources as described by Wang. The motivation to combine both references would come from improving system transmission efficiency. Regarding claim 12, Kim fails to disclose a transmission method wherein the deployment locations of the frequency domain resources further comprise at least one of the following: the downlink frequency domain resource configured with a Control Resource Set (CORESET) (see para. [0074]-[0077];[0085] discloses UL/DL attribute of flexible transmission resources are different but not conflicting, or specific frequency domain regions area configured with specific attribute, for example all regions in a slot/symbol containing SS (Synchronization Signals) or CORESET 0 block can only be configured to be downlink; the specific slot/symbol is determined according to a predefined rule); or the flexible frequency domain resource configured with a CORESET when the flexible frequency domain resource is used as the downlink frequency domain resource (see para. [0074]-[0077];[0085] discloses UL/DL attribute of flexible transmission resources are different but not conflicting, or specific frequency domain regions area configured with specific attribute, for example all regions in a slot/symbol containing SS (Synchronization Signals) or CORESET 0 block can only be configured to be downlink; the specific slot/symbol is determined according to a predefined rule). Kim and Wang are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus performing flexible FDD. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the CORESET as described by Wang. The motivation to combine both references would come from improving resource utilization and flexibility. Regarding claim 13, Kim fails to disclose a transmission method further comprising: stopping, by the terminal, using the flexible frequency domain resource as the uplink frequency domain resource when the flexible frequency domain resource satisfies a predetermined condition, wherein the predetermined condition comprises: the flexible frequency domain resource comprises a Synchronization Signal Block (SSB) or CORESET 0. However, Wang teaches a transmission method further comprising: stopping, by the terminal, using the flexible frequency domain resource as the uplink frequency domain resource when the flexible frequency domain resource satisfies a predetermined condition, wherein the predetermined condition comprises: the flexible frequency domain resource comprises a Synchronization Signal Block (SSB) or CORESET 0 (see para. [0074]-[0077];[0085] discloses UL/DL attribute of flexible transmission resources are different but not conflicting, or specific frequency domain regions area configured with specific attribute, for example all regions in a slot/symbol containing SS (Synchronization Signals) or CORESET 0 block can only be configured to be downlink; the specific slot/symbol is determined according to a predefined rule). Kim and Wang are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus performing flexible FDD. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the CORESET and Synchronization Signal as described by Wang. The motivation to combine both references would come from improving resource utilization and flexibility. Regarding claim 17, Kim fails to disclose a terminal wherein the locations of the frequency domain resources further comprise at least one of the following: the downlink frequency domain resource configured with a Control Resource Set (CORESET), or the flexible frequency domain resource configured with a CORESET when the flexible frequency domain resource is used as the downlink frequency domain resource. However, Wang teaches disclose a terminal wherein the locations of the frequency domain resources further comprise at least one of the following: the downlink frequency domain resource configured with a Control Resource Set (CORESET) (see para. [0074]-[0077] discloses UL/DL attribute of flexible transmission resources are different but not conflicting, or specific frequency domain regions area configured with specific attribute, for example CORESET block can only be configured to be downlink), or the flexible frequency domain resource configured with a CORESET when the flexible frequency domain resource is used as the downlink frequency domain resource (see para. [0074]-[0077] discloses UL/DL attribute of flexible transmission resources are different but not conflicting, or specific frequency domain regions area configured with specific attribute, for example CORESET block can only be configured to be downlink). Kim and Wang are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus performing flexible FDD. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the CORESET as described by Wang. The motivation to combine both references would come from improving resource utilization and flexibility. Regarding claim 19, Kim fails to disclose a terminal further comprising: stopping, by the terminal, using the flexible frequency domain resource as the uplink frequency domain resource when the flexible frequency domain resource satisfies a predetermined condition, wherein the predetermined condition comprises: the flexible frequency domain resource comprises a Synchronization Signal Block (SSB) or CORESET 0 However, Wang teaches a terminal further comprising: stopping, by the terminal, using the flexible frequency domain resource as the uplink frequency domain resource when the flexible frequency domain resource satisfies a predetermined condition, wherein the predetermined condition comprises: the flexible frequency domain resource comprises a Synchronization Signal Block (SSB) or CORESET 0 (see para. [0074]-[0077];[0085] discloses UL/DL attribute of flexible transmission resources are different but not conflicting, or specific frequency domain regions area configured with specific attribute, for example all regions in a slot/symbol containing SS (Synchronization Signals) or CORESET block can only be configured to be downlink; the specific slot/symbol is determined according to a predefined rule). Response to Arguments Applicant’s arguments, see pages 8-10, filed 01/04/2026, with respect to the rejection(s) of independent claims 1, 7, 14 under Kim et al (US 20180248662 A1) in view of Abdelghaffar (US 20200403759 A1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Ibrahim et al (US 20220014298 A1) (“Ibrahim”). Conclusion THIS ACTION IS MADE FINAL. 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 LUIS GUILLERMO LEMA LEMOS whose telephone number is (571)-272-5710. The examiner can normally be reached M-F 8-5 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, Nishant Divecha, can be reached at 571-270-3125. 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. /LUIS GUILLERMO LEMA LEMOS/Examiner, Art Unit 2419 /Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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Prosecution Timeline

Sep 29, 2023
Application Filed
Oct 01, 2025
Non-Final Rejection — §103
Jan 04, 2026
Response Filed
Mar 19, 2026
Final Rejection — §103 (current)

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