Prosecution Insights
Last updated: April 19, 2026
Application No. 18/492,158

Scheduling Restriction Enhancements for LTE and 5G NR Dynamic Spectrum Sharing

Final Rejection §103
Filed
Oct 23, 2023
Examiner
PATEL, CHANDRAHAS B
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
95%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
780 granted / 885 resolved
+30.1% vs TC avg
Moderate +7% lift
Without
With
+7.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
33 currently pending
Career history
918
Total Applications
across all art units

Statute-Specific Performance

§101
7.1%
-32.9% vs TC avg
§103
37.5%
-2.5% vs TC avg
§102
44.6%
+4.6% vs TC avg
§112
5.0%
-35.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 885 resolved cases

Office Action

§103
DETAILED ACTION Response to Arguments Applicant’s arguments with respect to claims 1, 12 and 17 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 § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-6, 8 and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over R1-2005409, Discussion on Scell scheduling P(S)cell, vivo, 3GPP TSG RAN WG1 #102-e, August 2020 in view of Yoshioka et al. (USPN 12,439,416). Regarding claim 1, R1-2005409 teaches a method, comprising: by a user equipment (UE) device: receiving first downlink control information (DCI) from the primary cell [Section 2.3, receives DCI from primary cell]; and receiving second DCI from the first secondary cell, wherein the first DCI and the second DCI comprise control information for respective communications on the primary cell [Section 2.3, receives second DCI from secondary cell where both DCI from primary cell and DCI from secondary cell are for connection of UE with primary cell]. However, R1-2005409 does not teach receiving configuration information from the network, wherein the configuration information indicates whether communications on a primary cell in frequency range 1 (FR1) are configured to be scheduled by a first secondary cell in addition to a primary cell, wherein when communications on the primary cell are configured to be scheduled by the first secondary cell: the configuration information does not configure advanced PDCCH monitoring capability on the first secondary cell, regardless of UE support for an advanced PDCCH monitoring capability, and the first secondary cell is in FR1. Yoshioka teaches receiving configuration information from the network, wherein the configuration information indicates whether communications on a primary cell in frequency range 1 (FR1) are configured to be scheduled by a first secondary cell in addition to a primary cell, wherein when communications on the primary cell are configured to be scheduled by the first secondary cell: the configuration information does not configure advanced PDCCH monitoring capability on the first secondary cell, regardless of UE support for an advanced PDCCH monitoring capability, and the first secondary cell is in FR1 [Col. 7, line 46 – Col. 8, line 8, primary cell can be scheduled by secondary cell or primary cell itself, Fig. 8 shows that both secondary and primary cell are in same BWP which is same frequency range]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to schedule primary cell from secondary cell in addition to primary cell where both cells are in same frequency range so that the primary cell can be scheduled by secondary cell or primary cell even when secondary cell is in dormancy state and efficient scheduling can be done when the cell is scheduled by both cells. Regarding claims 2, 13 and 18, R1-2005409 teaches receiving a first indication to monitor a common search space (CSS) for the first DCI from the primary cell [Section 2.3, CSS from primary cell is monitored]; and receiving a second indication to monitor a UE-specific search space (USS) for the second DCI from the first secondary cell [Section 2.3, USS from secondary cell is monitored]. Regarding claims 3 and 14, R1-2005409 teaches receiving a third indication to monitor the USS for third DCI from the first secondary cell, wherein the third DCI schedules a communication with a second secondary cell [Section 2.3, monitors USS from secondary cell for connection with secondary cell]. Regarding claims 4 and 15, R1-2005409 teaches one or more radio resource control (RRC) configuration messages [Section 2.2, RRC messages are used]. Regarding claims 5 and 16, R1-2005409 teaches establishing a connection with a second secondary cell of the network, wherein the second secondary cell is not configured to schedule communications for the primary cell [Section 2.3, secondary cell does not schedule communication for the primary cell]. Regarding claim 6, R1-2005409 teaches scheduling information for communications between the primary cell and the UE device [Section 2.3, communications is scheduled between primary cell and UE]. Regarding claim 8, R1-2005409 teaches operating the connection according to the first DCI and the second DCI by performing one or more of: transmitting one or more uplink communications to a base station according to scheduling information of the first DCI or the second DCI [Section 2.3, uplink communication can be scheduled]; receiving one or more downlink communications from the base station according to the scheduling information of the first DCI or the second DCI [Section 2.3, downlink communication can be scheduled]. Regarding claim 11, R1-2005409 teaches the first DCI and the second DCI each comprise one or more of: a scheduling indication for an uplink communication with the primary cell; a scheduling indication for a downlink communication with the primary cell; and a control message indicating a behavior modification of the UE device [Section 2.3, schedules indicators for uplink and downlink scheduled data]. Regarding claim 12, R1-2005409 teaches a user equipment (UE) device, comprising: a radio; a processor communicatively coupled to the radio, wherein the UE device is configured to: receive first downlink control information (DCI) from the primary cell [Section 2.3, receives DCI from primary cell]; and receive second DCI from the first secondary cell, wherein the first DCI and the second DCI comprise control information for respective communications on the primary cell [Section 2.3, receives second DCI from secondary cell where both DCI from primary cell and DCI from secondary cell are for connection of UE with primary cell]. However, R1-2005409 does not teach receiving configuration information from the network, wherein the configuration information indicates whether communications on a primary cell in frequency range 1 (FR1) are configured to be scheduled by a first secondary cell in addition to a primary cell, wherein when communications on the primary cell are configured to be scheduled by the first secondary cell: the configuration information does not configure advanced PDCCH monitoring capability on the first secondary cell, regardless of UE support for an advanced PDCCH monitoring capability, and the first secondary cell is in FR1. Yoshioka teaches receiving configuration information from the network, wherein the configuration information indicates whether communications on a primary cell in frequency range 1 (FR1) are configured to be scheduled by a first secondary cell in addition to a primary cell, wherein when communications on the primary cell are configured to be scheduled by the first secondary cell: the configuration information does not configure advanced PDCCH monitoring capability on the first secondary cell, regardless of UE support for an advanced PDCCH monitoring capability, and the first secondary cell is in FR1 [Col. 7, line 46 – Col. 8, line 8, primary cell can be scheduled by secondary cell or primary cell itself, Fig. 8 shows that both secondary and primary cell are in same BWP which is same frequency range]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to schedule primary cell from secondary cell in addition to primary cell where both cells are in same frequency range so that the primary cell can be scheduled by secondary cell or primary cell even when secondary cell is in dormancy state and efficient scheduling can be done when the cell is scheduled by both cells. Regarding claim 17, R1-2005409 teaches an apparatus, comprising: a processor configured to cause a user equipment (UE) device to: receive first downlink control information (DCI) from the primary cell [Section 2.3, receives DCI from primary cell]; and receive second DCI from the first secondary cell, wherein the first DCI and the second DCI comprise control information for respective communications on the primary cell [Section 2.3, receives second DCI from secondary cell where both DCI from primary cell and DCI from secondary cell are for connection of UE with primary cell]. However, R1-2005409 does not teach receiving configuration information from the network, wherein the configuration information indicates whether communications on a primary cell in frequency range 1 (FR1) are configured to be scheduled by a first secondary cell in addition to a primary cell, wherein when communications on the primary cell are configured to be scheduled by the first secondary cell: the configuration information does not configure advanced PDCCH monitoring capability on the first secondary cell, regardless of UE support for an advanced PDCCH monitoring capability, and the first secondary cell is in FR1. Yoshioka teaches receiving configuration information from the network, wherein the configuration information indicates whether communications on a primary cell in frequency range 1 (FR1) are configured to be scheduled by a first secondary cell in addition to a primary cell, wherein when communications on the primary cell are configured to be scheduled by the first secondary cell: the configuration information does not configure advanced PDCCH monitoring capability on the first secondary cell, regardless of UE support for an advanced PDCCH monitoring capability, and the first secondary cell is in FR1 [Col. 7, line 46 – Col. 8, line 8, primary cell can be scheduled by secondary cell or primary cell itself, Fig. 8 shows that both secondary and primary cell are in same BWP which is same frequency range]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to schedule primary cell from secondary cell in addition to primary cell where both cells are in same frequency range so that the primary cell can be scheduled by secondary cell or primary cell even when secondary cell is in dormancy state and efficient scheduling can be done when the cell is scheduled by both cells. Claims 7, 9, 10, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over R1-2005409, Discussion on Scell scheduling P(S)cell, vivo, 3GPP TSG RAN WG1 #102-e, August 2020 in view of Yoshioka et al. (USPN 12,439,416) and Babaei (USPN 12,127,200). Regarding claim 7, the references teach a method as discussed in rejection of claim 1. However, the references do not teach the second DCI has a 5G NR non-fallback DCI format of 0_1, 0_2, 1_1 or 1_2. Babaei teaches the second DCI has a 5G NR non-fallback DCI format of 0_1, 0_2, 1_1 or 1_2 [Col. 30, line 51 – Col. 31, line 11, shows various possible formats]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have one of the above DCI format since different formats are needed for different size data. Regarding claims 9 and 19, the references teach a method and an apparatus as discussed in rejection of claims 1 and 17. However, the references do not teach the first DCI has: a 5th Generation New Radio (5G NR) fallback DCI format of 0_0 or 1_0; or a 5G NR special DCI format of 2_0, 2_1, 2_2, 2_3, 2_4, 2_5 or 2_6, and wherein the second DCI has a 5G NR non-fallback DCI format of 0_1, 0_2, 1_1 or 1_2. Babaei teaches the first DCI has: a 5th Generation New Radio (5G NR) fallback DCI format of 0_0 or 1_0; or a 5G NR special DCI format of 2_0, 2_1, 2_2, 2_3, 2_4, 2_5 or 2_6, and wherein the second DCI has a 5G NR non-fallback DCI format of 0_1, 0_2, 1_1 or 1_2 [Col. 19, lines 1-23, format 1_0]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have one of the above DCI format since different formats are needed for different size data. Regarding claims 10 and 20, the references teach a method and an apparatus as discussed in rejection of claims 1 and 17. However, the references do not teach the first DCI has: a 5th Generation New Radio (5G NR) fallback DCI format of 0_0 or 1_0; and wherein the second DCI has: a 5G NR non-fallback DCI format of 0_1, 0_2, 1_1 or 1_2; or a 5G NR special DCI format of 2_0, 2_1, 2_2, 2_3, 2_4, 2_5 or 2_6. Babaei teaches the first DCI has: a 5th Generation New Radio (5G NR) fallback DCI format of 0_0 or 1_0 [Col. 19, lines 1-23, format 1_0]; and wherein the second DCI has: a 5G NR non-fallback DCI format of 0_1, 0_2, 1_1 or 1_2; or a 5G NR special DCI format of 2_0, 2_1, 2_2, 2_3, 2_4, 2_5 or 2_6 [Col. 30, line 51 – Col. 31, line 11, shows various possible formats]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have one of the above DCI format since different formats are needed for different size data. Conclusion 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 CHANDRAHAS PATEL whose telephone number is (571)270-1211. The examiner can normally be reached Monday - Thursday 7:30 - 17:30. 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, Ricky Ngo can be reached at 571-272-3139. 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. /Chandrahas B Patel/ Primary Examiner, Art Unit 2464
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Prosecution Timeline

Oct 23, 2023
Application Filed
Oct 16, 2025
Non-Final Rejection — §103
Dec 30, 2025
Response Filed
Mar 17, 2026
Final Rejection — §103
Apr 14, 2026
Interview Requested

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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
88%
Grant Probability
95%
With Interview (+7.3%)
2y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 885 resolved cases by this examiner. Grant probability derived from career allow rate.

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