Prosecution Insights
Last updated: October 02, 2026
Application No. 18/429,793

APPARATUS AND METHODS FOR COMMUNICATING CONTROL RESOURCE SET DATA

Final Rejection §102§103§112
Filed
Feb 01, 2024
Priority
Mar 24, 2017 — GB 1704762.2 +3 more
Examiner
GHOWRWAL, OMAR J
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
704 granted / 833 resolved
+26.5% vs TC avg
Strong +31% interview lift
Without
With
+30.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
29 currently pending
Career history
860
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
48.6%
+8.6% vs TC avg
§102
25.2%
-14.8% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 833 resolved cases

Office Action

§102 §103 §112
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 . Response to Remarks This Office action is considered fully responsive to the amendments filed 08/05/2026. Response to Arguments Applicant's arguments filed 08/05/2026 have been fully considered but they are not persuasive. Applicant argues the prior art does not disclose “each of the first number of bandwidth parts being a part of a cell bandwidth and different from each other” as the prior art has component carriers which are aggregated and a PDCCH that is distributed across the entire system bandwidth (pages 11-12, Remarks). Examiner respectfully disagrees. Qualcomm at para. 0084 discloses “one or more resource sets designated for a scheduling cell may be shared among all CCs scheduled by the scheduling cell.” Para. 0040 discloses “a set of resource blocks…Each random access preamble occupies a bandwidth corresponding to six consecutive resource blocks. The starting frequency is specified by the network.” Para. 0046 discloses “an RF carrier.” Para. 0054 discloses “different CCs.” Meaning each component carrier (CC) pertains to a shared (i.e. bandwidth part) amount of the one or more resource set frequencies (i.e. bandwidth) of a scheduling cell, and CCs differ from one another. Applicant argues dependent claims are allowable (page 12, Remarks). Examiner respectfully disagrees. See the Claim Rejections section for full details. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 17-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Upon review, the instant specification does not have support for “the first number of bandwidth parts are provided within a single carrier.” Furthermore, Applicant has not provided any citation to the instant specification as to where the subject matter is allegedly taken from. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 4, 8, 11, 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2016502320 A (“Qualcomm”) [see attached English translation for purposes of Examination]. As to claim 1, Qualcomm discloses a user equipment (para. 0089, UE) comprising: at least one memory storing instructions (para. 0108, The apparatus may include additional modules that perform each of the steps of the algorithm in the above flow charts of FIGS. Thus, each step in the above flow charts of FIGS. 12 and 13 may be performed by one module, and the apparatus may include one or more of those modules. The modules are one or more hardware components specifically configured to perform the described process / algorithm or are implemented by a processor configured to execute the described process / algorithm. Or stored in a computer readable medium for implementation by a processor, or some combination thereof ); and at least one processor configured to process the instructions to (para. 0108, The apparatus may include additional modules that perform each of the steps of the algorithm in the above flow charts of FIGS. Thus, each step in the above flow charts of FIGS. 12 and 13 may be performed by one module, and the apparatus may include one or more of those modules. The modules are one or more hardware components specifically configured to perform the described process / algorithm or are implemented by a processor configured to execute the described process / algorithm. Or stored in a computer readable medium for implementation by a processor, or some combination thereof ): configure with a first number of bandwidth parts for reception of control information, each of the first number of bandwidth parts being a part of a cell bandwidth and different from each other (para. 0089, the UE receives a first component carrier and a second component carrier. The first component carrier may include a first control channel corresponding to the first component carrier, and may further include a second control channel corresponding to the second component carrier and carrier indication information; para. 0084 discloses “one or more resource sets designated for a scheduling cell may be shared among all CCs scheduled by the scheduling cell.” Para. 0040 discloses “a set of resource blocks…Each random access preamble occupies a bandwidth corresponding to six consecutive resource blocks. The starting frequency is specified by the network.” Para. 0046 discloses “an RF carrier.” Para. 0054 discloses “different CCs.” Meaning each component carrier (CC) pertains to a shared (i.e. bandwidth part) amount of the one or more resource set frequencies (i.e. bandwidth) of a scheduling cell, and CCs differ from one another; para. 0073, 0074, “UE monitors the PDCCH and extracts its own control information”, “PDCCHs transmitted on different CCs”; para. 0100, UE determines whether cross-carrier scheduling is supported….based on the type of control channel (i.e. determination is a configuration)); configure with, for the each of the first number of bandwidth parts, at least one respective control resource set for a Common Search Space (CSS) within the each of the first number of bandwidth parts (para. 0089, the UE receives a first component carrier and a second component carrier. The first component carrier may include a first control channel corresponding to the first component carrier, and may further include a second control channel corresponding to the second component carrier and carrier indication information; para. 0095, the UE Monitors a first search space configured for the first control channel and a second search space configured for the second control channel. The first search space and the second search space may share a common set of resources, i.e. each channel being a bandwidth part, and their search spaces have common resources; para. 0100, UE determines whether cross-carrier scheduling is supported….based on the type of control channel (i.e. determination/monitoring is a configuration)); and monitor control information transmitted on one of the first number of bandwidth parts, using the at least one respective control resource set corresponding to the one of the first number of bandwidth parts (para. 0095, the UE Monitors a first search space configured for the first control channel and a second search space configured for the second control channel. The first search space and the second search space may share a common set of resources, i.e. each channel being a bandwidth part, and their search spaces have common resources; para. 0096, the UE processes the first control channel and the second control channel. For example, the UE decodes the first control channel and the second control channel to determine the control information included in the first control channel and the second control channel). As to claim 4, Qualcomm further discloses the user equipment according to claim 1, wherein the at least one control resource set includes a control resource set for initial access, and the at least one processor is further configured to process the instructions to: receive information for the control resource set for the initial access via a Master Information Block (MIB) or system information (para. 0039-0040, The UE may be assigned resource blocks 410a, 410b in the control section to transmit control information to the eNB; A set of resource blocks may be used to perform initial system access and achieve UL synchronization in a physical random access channel (PRACH) 430; para. 0055, DCI (i.e. system information) [para. 0002, communication systems] may be carried in the PDCCH. The DCI may include transmission resource allocation and other control information for the UE or group of UEs ). As to claims 8 and 11, see similar rejections to claim 1 and 4, respectively. The apparatus teaches the methods. As to claim 15, Qualcomm discloses a base station (para. 0030, base station) comprising: at least one memory storing instructions (para. 0133, the modules are one or more hardware components specifically configured to perform the described process / algorithm or are implemented by a processor configured to execute the described process / algorithm. Or stored in a computer readable medium for implementation by a processor, or some combination thereof); and at least one processor configured to process the instructions to (para. 0133, the modules are one or more hardware components specifically configured to perform the described process / algorithm or are implemented by a processor configured to execute the described process / algorithm. Or stored in a computer readable medium for implementation by a processor, or some combination thereof): transmit information for configuring a user equipment with a first number of bandwidth parts for transmission of control information, each of the first number of bandwidth parts being included in a cell bandwidth and different from each other (para. 0089, the UE receives a first component carrier and a second component carrier. The first component carrier may include a first control channel corresponding to the first component carrier, and may further include a second control channel corresponding to the second component carrier and carrier indication information; para. 0084 discloses “one or more resource sets designated for a scheduling cell may be shared among all CCs scheduled by the scheduling cell.” Para. 0040 discloses “a set of resource blocks…Each random access preamble occupies a bandwidth corresponding to six consecutive resource blocks. The starting frequency is specified by the network.” Para. 0046 discloses “an RF carrier.” Para. 0054 discloses “different CCs.” Meaning each component carrier (CC) pertains to a shared (i.e. bandwidth part) amount of the one or more resource set frequencies (i.e. bandwidth) of a scheduling cell, and CCs differ from one another; para. 0073, 0074, “UE monitors the PDCCH and extracts its own control information”, “PDCCHs transmitted on different CCs”; para. 0100, UE determines whether cross-carrier scheduling is supported….based on the type of control channel (i.e. determination is a configuration)); transmit information for configuring the user equipment, for the each of the first number of the bandwidth parts, at least one respective control resource set for a Common Search Space (CSS) within the each of the first number of bandwidth parts (para. 0089, the UE receives a first component carrier and a second component carrier. The first component carrier may include a first control channel corresponding to the first component carrier, and may further include a second control channel corresponding to the second component carrier and carrier indication information; para. 0095, the UE Monitors a first search space configured for the first control channel and a second search space configured for the second control channel. The first search space and the second search space may share a common set of resources, i.e. each channel being a bandwidth part, and their search spaces have common resources; para. 0100, UE determines whether cross-carrier scheduling is supported….based on the type of control channel (i.e. determination/monitoring is a configuration)); and transmit control information on one of the first number ofbandwidth parts, wherein the control information is monitored by the user equipment using the at least one respective control resource set corresponding to the one of the first number of bandwidth parts (para. 0095, the UE Monitors a first search space configured for the first control channel and a second search space configured for the second control channel. The first search space and the second search space may share a common set of resources, i.e. each channel being a bandwidth part, and their search spaces have common resources; para. 0096, the UE processes the first control channel and the second control channel. For example, the UE decodes the first control channel and the second control channel to determine the control information included in the first control channel and the second control channel). As to claim 16, see similar rejection to claim 15. The apparatus teaches the method. 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. Claim(s) 2-3, 7, 9-10, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2016502320 A (“Qualcomm”) in view of U.S. Publication No. 2017/0339677 A1 to RICO ALVARINO et al. (“Rico”). As to claim 2, Qualcomm does not expressly disclose the user equipment according to claim 1, wherein the at least one processor is further configured to process the instructions to: switch bandwidth parts for monitoring among the first number of bandwidth parts, and select at least one control resource set for monitoring in accordance with the switching the bandwidth parts. Rico discloses if the first control channel provides an indication that the second set of resources (or resources contained in the second set of resources) are assigned for receiving data, the UE monitors the portion of the second set of resources indicated by the first control channel for receiving the data. In an aspect, if the control channel provides an indication to monitor (e.g., switch to) the second bandwidth region, the UE monitors the second set of resources for a second control channel (e.g., PDCCH, EPDCCH or another control channel associated with wideband operation) for receiving control information scheduling resources for receiving data (para. 0095). Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate the switching of Rico into the invention of Qualcomm. The suggestion/motivation would have been for flexible bandwidth operation in a wireless communicant network (Rico, para. 0002). Including the switching of Rico into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of Rico. As to claim 3, Qualcomm does not expressly disclose the user equipment according to claim 1, wherein the at least one processor is further configured to process the instructions to switch the bandwidth parts based on at least one of: downlink control information (DCI); an expiry of an inactive timer for a respective bandwidth part; a Media Access Control-Control Element (MAC-CE); and a Radio Resource Control (RRC) signaling. Rico discloses if the first control channel provides an indication that the second set of resources (or resources contained in the second set of resources) are assigned for receiving data, the UE monitors the portion of the second set of resources indicated by the first control channel for receiving the data. In an aspect, if the control channel provides an indication to monitor (e.g., switch to) the second bandwidth region, the UE monitors the second set of resources for a second control channel (e.g., PDCCH, EPDCCH or another control channel associated with wideband operation) for receiving control information scheduling resources for receiving data (para. 0095) and dynamic bandwidth switching may include dynamic explicit signaling including the base station explicitly signaling the UE (e.g., via Downlink Control Information, DCI) (para. 0092). Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate the switching of Rico into the invention of Qualcomm. The suggestion/motivation would have been for flexible bandwidth operation in a wireless communicant network (Rico, para. 0002). Including the switching of Rico into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of Rico. As to claim 7, Qualcomm does not expressly disclose the user equipment according to claim 3, wherein the at least one processor is further configured to process the instructions to switch to a bandwidth part for initial access based on the expiry of the inactive timer for a respective bandwidth part. Rico discloses at para. 0109-0110: the UE monitors mPDCCH in subframe 4 to receive data grant scheduling resources for data in the same subframe. Similarly the UE monitors mPDCCH in subframe 5 to receive data grant scheduling resources for data in subframe 4. In an aspect, if the UE does not receive a grant for a given period of time (e.g., before preconfigured counter/timer expires) the UE switches back to the narrowband mode of operation to conserve power. Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate the switching of Rico into the invention of Qualcomm. The suggestion/motivation would have been for flexible bandwidth operation in a wireless communicant network (Rico, para. 0002). Including the switching of Rico into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of Rico. As to claims 9-10, 14, see similar rejections to claims 2-3, 7, respectively. The apparatus teaches the methods. Claim(s) 5-6, 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2016502320 A (“Qualcomm”) in view of U.S. Publication No. 2017/0367046 A1 to Papasakellariou. As to claim 5, Qualcomm does not expressly disclose the user equipment according to claim 1, wherein the at least one processor is further configured to process the instructions to: receive information for location of the at least one respective control resource set, and monitor the control information using the information for the location of the at least one respective control resource set. Papasakellariou discloses PDCCH transmissions conveying DL DCI formats are configured to be in a first DL control resource set located in a first slot symbol 2020 (para. 0242). Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate the PDCCH transmission of Papasakellariou into the invention of Qualcomm. The suggestion/motivation would have been to enable power savings (Papasakellariou, para. 0002). Including the PDCCH transmission of Papasakellariou into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of Papasakellariou. As to claim 6, Qualcomm does not expressly disclose the user equipment according to claim 1, wherein time duration of the at least one respective control resource set is at least one of 1, 2, and 3 symbols. Papasakellariou discloses PDCCH transmissions conveying DL DCI formats are configured to be in a first DL control resource set located in a first slot symbol 2020 (para. 0242). Prior to the effective filing date of invention, it would have been obvious to a person of ordinary skill in the art to incorporate the PDCCH transmission of Papasakellariou into the invention of Qualcomm. The suggestion/motivation would have been to enable power savings (Papasakellariou, para. 0002). Including the PDCCH transmission of Papasakellariou into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of Papasakellariou. As to claims 12-13, see similar rejections to claims 5-6, respectively. The apparatus teaches the methods. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. From a prior Office action: US 20180270699 A1 discloses at para. 0104: In an example, for a DL BWP in a set of one or more DL BWPs on a PCell, a base station may configure a UE with one or more control resource sets for at least one type of common search space and/or one UE-specific search space. For example, a base station may not configure a UE without a common search space on a PCell, or on a PSCell, in an active DL BWP. 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 OMAR J GHOWRWAL whose telephone number is (571)270-5691. The examiner can normally be reached M-F 9:00am-6:00pm. 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, ASAD NAWAZ can be reached at 571-272-3988. 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. /OMAR J GHOWRWAL/ Primary Examiner, Art Unit 2463
Read full office action

Prosecution Timeline

Feb 01, 2024
Application Filed
May 07, 2026
Non-Final Rejection mailed — §102, §103, §112
Aug 05, 2026
Response Filed
Sep 01, 2026
Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+30.9%)
2y 7m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
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