Prosecution Insights
Last updated: May 29, 2026
Application No. 18/520,576

METHOD AND DEVICE IN NODES USED FOR WIRELESS COMMUNICATION

Non-Final OA §103§112
Filed
Nov 28, 2023
Priority
Nov 29, 2022 — CN 202211511835.4
Examiner
CUNNINGHAM, KEVIN M
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Agogee Networks LLC
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
417 granted / 581 resolved
+13.8% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
37 currently pending
Career history
635
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
90.3%
+50.3% vs TC avg
§102
4.6%
-35.4% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 581 resolved cases

Office Action

§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 . 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 1, the claim has multiple intended use statements: “the first signaling being used to determine”, “the first signaling is used to schedule”, “first parameter is used to determine” and “for potential HARQ-ACK transmission”, which makes the claim unclear in regards to what the metes and bounds of the subject matter to be protected is. The claim should positively recite limitations without any confusion. The last limitations are also unclear statements that are not positively recited and are vague “depends on” recitations that define essential elements solely by relational dependencies without sufficient criteria to limit the scope with reasonably certainty. For example, “target coded bit group depends on a first reserved resource pool” and “target coded bit group depends on the first UCI coded bit sequence”. It should at least state, for example: “determining a length of the first UCI coded bits sequence based on the second parameter”, “determining the target coded bit group based on the first UCI coded bit sequence”, etc. Similar issues for claims 8 and 14. Further regarding claim 8, the claim is an apparatus claim for a base station type of apparatus. It includes the same limitations as claim 1, except even if positively recited the limitations would be performed by the UE type apparatus and not the BS type apparatus (e.g. determining the UCI coded bit sequence would be performed by the UE not the claimed second node). 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 1, 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Abotabl et al (US 2023/0422257, hereinafter Abotabl) and in view of Park et al (US 12,323,982, hereinafter Park). Regarding claim 1, Abotabl discloses a first node (UE, Fig. 2) for wireless communications, comprising: a first receiver (receiver, Para [0059]), receiving a first signaling, the first signaling being used to determine a first parameter and a second parameter, the first parameter and the second parameter being respectively for two Transport Blocks (TBs), the first parameter being one of MCS-related parameters or a number of transmission layer(s), and the second parameter being one of MCS-related parameters or a number of transmission layer(s) (UE receiving a configured grant, Para [0005], two transport block configured for a given uplink grant, where the transport blocks have first and second MCS and are configured with number of layers N1 and N2, Para [0069], “used to determine” is intended use); and a first transmitter (transmitter, Para [0059]), transmitting a first PUSCH (transmitting PUSCH, Para [0111]); wherein the first signaling is used to schedule the first PUSCH (schedule UEs for data transmission, Para [0052], via configured grant, Para [0007]); but does not disclose the first PUSCH carrying a target coded bit group, the target coded bit group comprising multiple coded bits, a first UCI coded bit sequence comprises coded bits for UCI. Park discloses multiplexing UCI with PUSCH, obtaining a UCI sequence and performing encoding operation on the UCI sequence, C: 2 R: 54-67. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Park the system of Abotabl in order to improve transmission and reception technologies including MIMO and improve transmission reliability of HARQ-ACK information; a length of the first UCI coded bit sequence depends on the second parameter, and the target coded bit group depends on the first UCI coded bit sequence; the target coded bit group depends on a first reserved resource pool, the first reserved resource pool comprises reserved resource elements for potential HARQ-ACK transmission, and the first parameter is used to determine the first reserved resource pool (“used to determine” is intended use and this lacks clarity). Regarding claim 8, Abotablo discloses a second node (BS, Fig. 2) for wireless communications, comprising: a second transmitter (transmitter, Para [0059]), transmitting a first signaling, the first signaling being used to determine a first parameter and a second parameter, the first parameter and the second parameter being respectively for two TBs, the first parameter being one of MCS-related parameters or a number of transmission layer(s), and the second parameter being one of MCS-related parameters or a number of transmission layer(s) (UE receiving a configured grant, Para [0005], two transport block configured for a given uplink grant, where the transport blocks have first and second MCS and are configured with number of layers N1 and N2, Para [0069], “used to determine” is intended use); and a second receiver (receiver, Para [0059]), receiving a first PUSCH, (transmitting PUSCH, Para [0111], received by BS); wherein the first signaling is used to schedule the first PUSCH (schedule UEs for data transmission, Para [0052], via configured grant, Para [0007]); but does not disclose the first PUSCH carrying a target coded bit group, the target coded bit group comprising multiple coded bits, a first UCI coded bit sequence comprises coded bits for UCI. Park discloses multiplexing UCI with PUSCH, obtaining a UCI sequence and performing encoding operation on the UCI sequence, C: 2 R: 54-67. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Park the system of Abotabl in order to improve transmission and reception technologies including MIMO and improve transmission reliability of HARQ-ACK information; a length of the first UCI coded bit sequence depends on the second parameter, and the target coded bit group depends on the first UCI coded bit sequence; the target coded bit group depends on a first reserved resource pool, the first reserved resource pool comprises reserved resource elements for potential HARQ-ACK transmission, and the first parameter is used to determine the first reserved resource pool (“used to determine” is intended use and this lacks clarity). Regarding claim 14, Abotabl discloses a method in a first node for wireless communications, comprising: receiving a first signaling, the first signaling being used to determine a first parameter and a second parameter, the first parameter and the second parameter being respectively for two TBs, the first parameter being one of MCS-related parameters or a number of transmission layer(s), and the second parameter being one of MCS-related parameters or a number of transmission layer(s) (UE receiving a configured grant, Para [0005], two transport block configured for a given uplink grant, where the transport blocks have first and second MCS and are configured with number of layers N1 and N2, Para [0069], “used to determine” is intended use); and transmitting a first PUSCH (transmitting PUSCH, Para [0111]); wherein the first signaling is used to schedule the first PUSCH (schedule UEs for data transmission, Para [0052], via configured grant, Para [0007]); but does not disclose the first PUSCH carrying a target coded bit group, the target coded bit group comprising multiple coded bits, a first UCI coded bit sequence comprises coded bits for UCI. Park discloses multiplexing UCI with PUSCH, obtaining a UCI sequence and performing encoding operation on the UCI sequence, C: 2 R: 54-67. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Park the system of Abotabl in order to improve transmission and reception technologies including MIMO and improve transmission reliability of HARQ-ACK information; a length of the first UCI coded bit sequence depends on the second parameter, and the target coded bit group depends on the first UCI coded bit sequence; the target coded bit group depends on a first reserved resource pool, the first reserved resource pool comprises reserved resource elements for potential HARQ-ACK transmission, and the first parameter is used to determine the first reserved resource pool (“used to determine” is intended use and this lacks clarity). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461
Read full office action

Prosecution Timeline

Nov 28, 2023
Application Filed
Apr 01, 2026
Non-Final Rejection mailed — §103, §112 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
84%
With Interview (+11.9%)
2y 9m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 581 resolved cases by this examiner. Grant probability derived from career allowance rate.

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