Prosecution Insights
Last updated: August 17, 2026
Application No. 18/375,464

UPLINK POWER DETERMINATION METHOD, TERMINAL AND NON-TRANSITORY READABLE STORAGE MEDIUM

Non-Final OA §102
Filed
Sep 30, 2023
Priority
Apr 09, 2021 — CN 202110385160.2 +1 more
Examiner
VUONG, QUOCHIEN B
Art Unit
2645
Tech Center
2600 — Communications
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
3 (Non-Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
768 granted / 855 resolved
+27.8% vs TC avg
Minimal -0% lift
Without
With
+-0.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
19 currently pending
Career history
869
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
36.3%
-3.7% vs TC avg
§102
28.0%
-12.0% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 855 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/06/2026 has been entered. Response to Arguments Applicant's arguments filed 05/06/2026, pages 7-9, with respect to amended claim 23 have been fully considered but they are not persuasive. Applicant argues that Hu et al. (US 2020/0344699 A1) fails to disclose “each uplink subband is configured with its own power control parameter; wherein the power control parameter comprises at least one of: a maximum transmission power; a target receiving power of an open loop power control parameter; or a path loss reference signal”. The examiner, however, does not agree with the Applicant. Hu et al. disclose each uplink subband (uplink channel (UL)/ supplementary uplink (SUL)) is configured with its own power control parameter (figure 2, paragraphs [0236]-[0239]); wherein the power control parameter comprises at least one of: a maximum transmission power; a target receiving power of an open loop power control parameter; or a path loss reference signal (paragraphs [0151]-[-[0156] and [0265]-[0270], formulas (1) (2) and (3) all have PCMAX, f,c which is a maximum transmit power; and PLf,c(qd) or PLf,c(qs), where PLf,c is a path loss value, and qd and qs are reference signals). Therefore, the rejection of claim 23 is maintained. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 23 and 24 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hu et al. (US 2020/0344699 A1). Regarding claim 23, Hu (figure 2) discloses an uplink power determination method, comprising: a network side device (Network device) sending configuration information (indication information) (paragraph [0189]), wherein the configuration information is used for configuring a power control parameter (paragraph [0190]), and each uplink subband (uplink channel (UL)/ supplementary uplink (SUL)) is configured with its own power control parameter (paragraphs [0236]-[0239]); wherein the power control parameter comprises at least one of: a maximum transmission power; a target receiving power of an open loop power control parameter; or a path loss reference signal (paragraphs [0151]-[-[0156] and [0265]-[0270], formulas (1) (2) and (3) all have PCMAX, f, c which is a maximum transmit power; and PLf,c(qd) or PLf,c(qs), where PLf,c is a path loss value, and qd and qs are reference signals). Regarding claim 24, Hu discloses the method according to claim 23 above. In addition, Hu discloses wherein the power control parameter further comprises at least one of following: a path loss compensation factor; or a power adjustment value (paragraphs [0240]). Allowable Subject Matter Claims 1, 7-10, 16, 21 and 22 are allowed over the cited prior art with the reasons set forth in the Applicant’s remarks filed 12/26/2025, pages 7 and 9-11. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOCHIEN B VUONG whose telephone number is (571)272-7902. The examiner can normally be reached 10:00-06:00PM M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY 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. /QUOCHIEN B VUONG/Primary Examiner, Art Unit 2645
Read full office action

Prosecution Timeline

Sep 30, 2023
Application Filed
Oct 01, 2025
Non-Final Rejection mailed — §102
Dec 26, 2025
Response Filed
Mar 19, 2026
Final Rejection mailed — §102
May 06, 2026
Request for Continued Examination
May 09, 2026
Response after Non-Final Action
Jun 17, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
90%
With Interview (-0.1%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 855 resolved cases by this examiner. Grant probability derived from career allowance rate.

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