Prosecution Insights
Last updated: July 17, 2026
Application No. 18/388,591

WIRELESS COMMUNICATION METHOD, FIRST DEVICE, AND SECOND DEVICE

Non-Final OA §102§103§112
Filed
Nov 10, 2023
Priority
May 12, 2021 — continuation of PCTCN2021093465
Examiner
EGAN KEARNS, PHILLIP JUSTIN
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
2 (Non-Final)
76%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
16 granted / 21 resolved
+18.2% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
17 currently pending
Career history
52
Total Applications
across all art units

Statute-Specific Performance

§103
96.3%
+56.3% vs TC avg
§102
2.2%
-37.8% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 21 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION This communication is in response to applicant’s response filed under 37 C.F.R. §1.111 in response to a non-final office action. Claims 1, 4, 7-8, 10, 13, 15-17, and 19-20 have been amended; Claims 3, 9, 14, and 18 have been cancelled. Claims 1-2, 4-8, 10-13, 15-17, and 19-20 are subject to examination. Response to Arguments Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 8, 10-12, 17, and 19-20 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 8 and 17, the claims each recite a network device “count(ing) a plurality of available time domain units ... wherein the plurality of available time domain units comprise a cancelled available time domain unit ... of which cancellation is due to a user equipment (UE) and is unknown to the network device ... and perform(ing) reception ... based on ... the count for the each available time domain unit” (emphasis added). This limitation renders the claims indefinite because it is unclear how the network device could perform any action based on something of which it has no knowledge (i.e. how it can perform reception based on an inaccurate count of available time domain units), and how the corresponding transmission method of claims 1 and 13 of the UE (i.e. cancelling transmission at a certain time domain unit without informing the network device) aligns with the reception method of claims 8 and 17. Regarding Claims 10-12 and 19-20, the claims each depend on claim 8 or 17 and therefore inherit the 35 U.S.C. 112 issues of the independent claims. Claim Rejections - 35 USC § 102 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. Claims 1-2, 5, 8, 13, and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cozzo et al. (US 2022/0006575 A1, hereinafter “Cozzo”). Regarding Claim 1, Cozzo teaches a wireless communication method, performed by a user equipment (UE) and comprising: determining a number of repetitions of a first physical channel (Cozzo: the method 3200 describes a procedure for a UE ... to determine repetitions for a PUCCH transmission, see paragraph [0238]); counting a plurality of available time domain units corresponding to the first physical channel to obtain a count for each of the plurality of available time domain units, wherein the plurality of available time domain units comprise a cancelled available time domain unit, and the cancelled available time domain unit comprises: a cancelled available time domain unit of which cancellation is due to the UE and is unknown to a network device (Cozzo: In step 3210, the UE determines one or more sets of consecutive symbols within each slot from a number of slots that are available for repetitions of a PUCCH transmission ... In step 3220, the UE determines a nominal number of repetitions for the PUCCH transmission from an indicated total number of symbols for the PUCCH transmission and an indicated number of symbols per nominal repetition, see paragraph [0239]; when nrofSlots-rep-typeB is provided, a number of slots available for the repetitions of the PUCCH transmission is NPUCCHrepeat and a slot/repetition is counted regardless of whether or not the UE transmits a corresponding repetition, see paragraph [0234]); and performing sending of repeated data of the first physical channel based on the number of repetitions and the count for the each available time domain unit (Cozzo: In step 3240, the UE transmits PUCCH with the determined number of actual repetitions over a determined number of slots, see paragraph [0239]). Regarding Claim 2, Cozzo teaches the method of claim 1, wherein performing sending of the repeated data of the first physical channel based on the number of repetitions and the count for the each available time domain unit comprises: when an initial value of the counting is one and the count for the each available time domain unit is less than or equal to the number of repetitions, performing the sending of the repeated data of the first physical channel, otherwise, terminating the sending of the repeated data of the first physical channel (Cozzo: In step 3230, the UE determines an actual number of repetitions from the total number of symbols and the UL-DL configuration over a number of slots. In step 3240, the UE transmits PUCCH with the determined number of actual repetitions over a determined number of slots, see paragraph [0239]). Regarding Claim 5, Cozzo teaches the method of claim 1, wherein a number of the plurality of available time domain units is greater than or equal to a number of available time domain units on which actual sending of the repeated data is performed (Cozzo: when nrofSlots-rep-typeB is provided, a number of slots available for the repetitions of the PUCCH transmission is NPUCCHrepeat and a slot/repetition is counted regardless of whether or not the UE transmits a corresponding repetition, see paragraph [0234]). Regarding Claim 8, Cozzo teaches a wireless communication method, performed by a network device and comprising: determining a number of repetitions of a first physical channel (Cozzo: For a PUCCH transmission with repetitions, a gNB ... can configure a UE ... with a number of slots NPUCCHrepeat ... for repetitions of a PUCCH transmission, see paragraph [0233]); counting a plurality of available time domain units corresponding to the first physical channel to obtain a count for each of the plurality of available time domain units, wherein the plurality of available time domain units comprise a cancelled available time domain unit, and the cancelled available time domain unit comprises: a cancelled available time domain unit of which cancellation is due to a user equipment (UE) and is unknown to the network device (Cozzo: a UE can be additionally provided a maximum number of slots for actual repetitions (such as by higher layer parameter nrofSlots-rep-typeB) in order for a serving gNB to control a maximum number of slots where a UE would transmit repetitions (configure an upper limit to the number of slots) ... when nrofSlots-rep-typeB is provided, a number of slots available for the repetitions of the PUCCH transmission is NPUCCHrepeat and a slot/repetition is counted regardless of whether or not the UE transmits a corresponding repetition, see paragraph [0234]); and performing reception of repeated data of the first physical channel based on the number of repetitions and the count for the each available time domain unit (Cozzo: In step 3240, the UE transmits PUCCH with the determined number of actual repetitions over a determined number of slots, see paragraph [0239]). Regarding Claim 13, Cozzo teaches a first user equipment (UE), comprising: a processor and a transceiver, wherein the processor is configured to determine a number of repetitions of a first physical channel (Cozzo: This disclosure relates to PUCCH transmissions with repetitions ... The UE includes a transceiver ... The UE includes a processor operably connected to a transceiver ... The processor is configured to determine ... a counter number of repetitions, see paragraphs [0004]-[0005]). Regarding all other limitations of claim 13, the limitations are substantially the same as the limitations of claim 1, and are therefore rejected for the same reasons. Regarding Claim 17, Cozzo teaches a network device, comprising: a processor and a transceiver, wherein the processor is configured to determine a number of repetitions of a first physical channel (Cozzo: This disclosure relates to PUCCH transmissions with repetitions ... The BS includes a transceiver ... The base station also includes a processor operably connected to a transceiver ... The processor configured to determine ... a counter number of repetitions, see paragraphs [0004]-[0006]). Regarding all other limitations of claim 17, the limitations are substantially the same as the limitations of claim 8, and are therefore rejected for the same reasons. 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 4, 6-7, 10-11, 15-16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cozzo in view of Gao et al. (US 2022/0150924 A1, hereinafter “Gao”). Regarding Claim 4, Cozzo teaches the method of claim 1, wherein the cancelled available time domain unit of which cancellation is due to the UE and is unknown to the network device satisfies at least one of the following conditions: there being a first signal to be sent, wherein the first signal comprises: Physical Uplink Control Channel (PUCCH) (Cozzo: When a first PUCCH transmission [with repetitions] overlaps ... with a second PUCCH transmission ... a repetition of the first PUCCH transmission is cancelled, see paragraph [0295]). Cozzo does not explicitly teach the priority of the first signal being higher than a priority of the first physical channel. However, in the same field of endeavor, Gao teaches the first signal being higher than a priority of the first physical channel (Gao: when the at least one PUSCH overlaps with a PUCCH, and a priority or importance of the PUCCH is higher than a priority or importance of the PUSCH for repetition transmission, the at least one PUSCH is dropped or stopped, see paragraph [0062]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cozzo to include the features as taught by Gao above in order to ensure normal transmission of a PUSCH for repetition (Gao: see paragraph [0012]). Regarding Claim 6, Cozzo teaches the method of claim 1, wherein performing the sending of the repeated data of the first physical channel based on the number of repetitions and the count for the each available time domain unit comprises: performing the sending of the repeated data of the first physical channel based on the number of repetitions (Cozzo: In step 3240, the UE transmits PUCCH with the determined number of actual repetitions over a determined number of slots, see paragraph [0239]). Cozzo does not explicitly teach, determining a redundancy version (RV) applicable to the each available time domain unit based on the count for the each available time domain unit; and performing the sending of the repeated data of the first physical channel based on the RV applicable to the each available time domain unit, wherein determining the RV applicable to the each of available time domain unit based on the count for the each available time domain unit, comprises: determining the RV applicable to the each available time domain unit, in a manner of a cycling order of RV identification (RVid) 0, 2, 3, 1 based on an RV applicable to a first available time domain unit of the plurality of available time domain units and the count for the each available time domain unit, wherein the RV of the first available time domain unit is an RVid indicated by Downlink Control Information (DCI) for scheduling a Physical Uplink Shared Channel (PUSCH). However, in the same field of endeavor, Gao teaches determining a redundancy version (RV) applicable to the each available time domain unit based on the count for the each available time domain unit (Gao: the RV corresponding to each PUSCH for repetition transmission is determined sequentially according to a predetermined RV sequence, starting from an initial RV which is notified by DCI (Downlink Control Information) or is predetermined, see paragraph [0008]); and performing the sending of the repeated data of the first physical channel based on the RV applicable to the each available time domain unit, wherein determining the RV applicable to the each of available time domain unit based on the count for the each available time domain unit, comprises: determining the RV applicable to the each available time domain unit, in a manner of a cycling order of RV identification (RVid) 0, 2, 3, 1 based on an RV applicable to a first available time domain unit of the plurality of available time domain units and the count for the each available time domain unit, wherein the RV of the first available time domain unit is an RVid indicated by Downlink Control Information (DCI) for scheduling a Physical Uplink Shared Channel (PUSCH) (Gao: the predetermined RV sequence is {0,2,3,1}, and the RV notified by the DCI for scheduling PUSCH transmission is RV=0, then an RV of a first PUSCH for repetition transmission is RV=0, and an RV of a second PUSCH for repetition transmission is RV=2, and so on, see paragraph [0008]; The method is performed by a terminal and includes ... sending a corresponding PUSCH according to the determined RV, see paragraphs [0013]-[0015]). The rationale and motivation for adding the teaching of Gao is the same as the rationale and motivation for Claim 4. Regarding Claim 7, Cozzo teaches the method of claim 1, wherein the method further comprises: receiving first indication information from the network device, the first indication information being configured to indicate a count for available time domain units comprising a cancelled available time domain unit (Cozzo: a UE can be additionally provided a maximum number of slots for actual repetitions (such as by higher layer parameter nrofSlots-rep-typeB) in order for a serving gNB to control a maximum number of slots where a UE would transmit repetitions (configure an upper limit to the number of slots) ... when nrofSlots-rep-typeB is provided, a number of slots available for the repetitions of the PUCCH transmission is NPUCCHrepeat and a slot/repetition is counted regardless of whether or not the UE transmits a corresponding repetition, see paragraph [0234]). Cozzo does not explicitly teach the first physical channel comprises a Physical Uplink Shared Channel (PUSCH). However, in the same field of endeavor, Gao teaches the first physical channel comprises a Physical Uplink Shared Channel (PUSCH) (Gao: PUSCH can be configured to use repetition transmission, for example, repetition transmission in units of slots, see paragraph [0008]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cozzo to include the features as taught by Gao above in order to improve uplink transmission performance and coverage (Gao: see paragraph [0008]). Regarding Claims 10, 15, and 19, the limitations of the claims are substantially the same as the limitations of claim 4, and claims 10, 15, and 19 are therefore rejected for the same reasons. Regarding Claim 11, Cozzo teaches the method of claim 8, wherein performing reception of the repeated data of the first physical channel based on the number of repetitions and the count for the each available time domain unit comprises: performing the reception of the repeated data of the first physical channel based on the number of repetitions (Cozzo: In step 3240, the UE transmits PUCCH with the determined number of actual repetitions over a determined number of slots, see paragraph [0239]). Cozzo does not explicitly teach, determining a redundancy version (RV) applicable to the each available time domain unit based on the count for the each available time domain unit; and performing the reception of the repeated data of the first physical channel based on the RV applicable to the each available time domain unit, wherein determining the RV applicable to the each of available time domain unit based on the count for the each available time domain unit, comprises: determining the RV applicable to the each available time domain unit, in a manner of a cycling order of RV identification (RVid) 0, 2, 3, 1 based on an RV applicable to a first available time domain unit of the plurality of available time domain units and the count for the each available time domain unit, wherein the RV of the first available time domain unit is an RVid indicated by Downlink Control Information (DCI) for scheduling a Physical Uplink Shared Channel (PUSCH). However, in the same field of endeavor, Gao teaches determining a redundancy version (RV) applicable to the each available time domain unit based on the count for the each available time domain unit (Gao: the RV corresponding to each PUSCH for repetition transmission is determined sequentially according to a predetermined RV sequence, starting from an initial RV which is notified by DCI (Downlink Control Information) or is predetermined, see paragraph [0008]); and performing the reception of the repeated data of the first physical channel based on the RV applicable to the each available time domain unit, wherein determining the RV applicable to the each of available time domain unit based on the count for the each available time domain unit, comprises: determining the RV applicable to the each available time domain unit, in a manner of a cycling order of RV identification (RVid) 0, 2, 3, 1 based on an RV applicable to a first available time domain unit of the plurality of available time domain units and the count for the each available time domain unit, wherein the RV of the first available time domain unit is an RVid indicated by Downlink Control Information (DCI) for scheduling a Physical Uplink Shared Channel (PUSCH) (Gao: the predetermined RV sequence is {0,2,3,1}, and the RV notified by the DCI for scheduling PUSCH transmission is RV=0, then an RV of a first PUSCH for repetition transmission is RV=0, and an RV of a second PUSCH for repetition transmission is RV=2, and so on, see paragraph [0008]; The method is performed by a network device and includes ... receiving a corresponding PUSCH according to the determined RV, see paragraphs [0034]-[0036]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cozzo to include the features as taught by Gao above in order to ensure normal transmission of a PUSCH for repetition (Gao: see paragraph [0012]). Regarding Claim 16, the limitations of claim 16 are substantially the same as the limitations of claim 6, and claim 16 is therefore rejected for the same reasons. Regarding Claim 20, the limitations of claim 20 are substantially the same as the limitations of claim 11, and claim 20 is therefore rejected for the same reasons. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Cozzo in view of Cozzo et al. (US 2022/0353885 A1, hereinafter “Cozzo II”). Regarding Claim 12, Cozzo teaches the method of claim 8, but does not explicitly teach, wherein the available time domain unit comprises at least one symbol allocated by Time Domain Resource Allocation (TDRA) within a slot, and the at least one symbol is used for uplink transmission. However, in the same field of endeavor, Cozzo II teaches the available time domain unit comprises at least one symbol allocated by Time Domain Resource Allocation (TDRA) within a slot, and the at least one symbol is used for uplink transmission (Cozzo II: For PUSCH repetition Type A, a UE determines a starting symbol S relative to the start of a slot and a number of consecutive symbols L for a repetition of a PUSCH transmission from the start and length indicator value, SLIV, of an indexed row of a time domain resource allocation (TDRA) table, see paragraph [0078]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Cozzo to include the features as taught by Cozzo II above in order to improve reception reliability (Cozzo II: see paragraph [0078]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cozzo et al. (US 2022/0225365 A1, “Cozzo III”) teaches a UE configured to count a number of repetitions by either counting consecutive slots or counting transmitted repetitions, and cancelling an uplink repetition due to overlapping with another uplink transmission of higher priority (see paragraphs [0005], [0126]). Hasegawa et al. (US 2024/0163011 A1) teaches dropping a PUCCH or PUSCH repetition in a power-limited scenario (see paragraph [0286]). 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 PHILLIP J EGAN KEARNS whose telephone number is 571-272-4869. The examiner can normally be reached M-Th 10-6 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, NOEL BEHARRY can be reached at 571-270-5630. 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. /P.K./Examiner, Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
Read full office action

Prosecution Timeline

Nov 10, 2023
Application Filed
Dec 02, 2025
Non-Final Rejection mailed — §102, §103, §112
Mar 02, 2026
Response Filed
Apr 22, 2026
Final Rejection mailed — §102, §103, §112
Jun 19, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+33.3%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 21 resolved cases by this examiner. Grant probability derived from career allowance rate.

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