Prosecution Insights
Last updated: May 29, 2026
Application No. 18/551,523

METHOD AND APPARATUS FOR DETERMINING POWER PARAMETER

Non-Final OA §102
Filed
Sep 20, 2023
Priority
Mar 30, 2021 — nonprovisional of PCTCN2021084145
Examiner
JEONG, MOO RYONG
Art Unit
2418
Tech Center
2400 — Computer Networks
Assignee
BEIJING XIAOMI MOBILE SOFTWARE CO., LTD.
OA Round
3 (Non-Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
187 granted / 244 resolved
+18.6% vs TC avg
Strong +44% interview lift
Without
With
+44.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
12 currently pending
Career history
259
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
73.6%
+33.6% vs TC avg
§102
8.0%
-32.0% vs TC avg
§112
16.9%
-23.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 244 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 . Response to Amendment Amendments filed on 12/05/2025 are entered for prosecution. Claims 1, 3, 5, 22, 24-25, 44-45, 48-50, 52, and 54 remain pending in the application. The amendments change the scopes of the previously presented claims. New grounds of rejections are applied to the amended claims and the current Office Action is made FINAL as necessitated by the claim amendments. Response to Arguments Applicant’s arguments at p.8, para.2-3, stating that “Lin does not disclose that the parameters include a reference signal associated with the PUSCH,” fail to comply with 37 CFR 1.111(b). The arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. In response to applicant’s argument that “Lin discloses that the UE directly determines the transmission power based on these parameters, but does not disclose determining a power adjustment value based on information contained in the parameters” (see p.8, para. 4; emphasis in original), it is noted that the features upon which applicant relies — namely, a distinction between “transmission power” and “power adjustment value” — are not recited in the rejected claim(s). Claims 1, 22, and 44 recite “a power adjustment value corresponding to a transmitting power,” which indicates a correspondence between the two terms, such as that disclosed in Lin. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). 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, 3, 5, 22, 24-25, 44-45, 48-50, 52, and 54 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin (US 20240155502 A1). Regarding claim 1, Lin discloses: A method (Figs.5-8) for determining a power parameter, performed by a terminal device ([0292] FIG. 6 is a flow chart of an exemplary method 600 at a user equipment (UE) for controlling transmission power for CG based SDT in a non-connected state) and comprising: acquiring power control information (one or more parameters for power control) of a physical uplink shared channel (PUSCH) (PUSCH, SDT) (Fig.6, S610; [0293] The method 600 may begin at step S610 where one or more parameters for power control may be received from a network node.; [0295] In some embodiments, the one or more parameters may comprise at least one of: a parameter indicating a nominal value for CG based SDT power control; one or more parameters indicating one or more P0 values and/or path loss scaling factors; a parameter indicating a reference signal index for path loss estimation; a parameter for determining delta power related to Modulation & Coding Scheme (MCS) used for the CG-based SDT; and a parameter indicating whether TPC accumulation is enabled or not. In some embodiments, at least one of the one or more parameters may be received via an RRC message, a Medium Access Control (MAC) Protocol Data Unit (PDU) message, and/or a DCI message. In some embodiments, the RRC message may be dedicated for the UE's SDT power control and comprises a whole PUSCH-PowerControl Information Element (IE). In some embodiments, the RRC message may be an RRC release message which triggers the UE to transition into the non-connected state.; See also Figs.2&4, [0031] [0033]); and determining a power adjustment value (PPUSCH,b,f,c(i,j,qd,l) obtained by a formula (See, e.g., the formula in [0138]) based on one or more parameters including nominal value for CG based SDT power control, one or more P0 values and/or path loss scaling factors, path loss estimation, delta power related to Modulation & Coding Scheme (MCS), a parameter indicating whether TPC accumulation is enabled or not; PLb,f,c(qd)) corresponding to a transmitting power (transmission power for the CG based SDT) of the PUSCH (CG based SDT) according to the power control information (one or more parameters for power control) (Fig.6, S620; [0138] If a UE transmits a PUSCH on active UL BWP b of carrier f of serving cell c using parameter set configuration with index j and PUSCH power control adjustment state with index l, the UE may determine the PUSCH transmission power PPUSCH,b,f,c(i,j,qd,l) in PUSCH transmission occasion i; [0294] At step S620, the transmission power for the CG based SDT may be determined at least partially based on the received one or more parameters.; [0295] In some embodiments, the one or more parameters may comprise at least one of: a parameter indicating a nominal value for CG based SDT power control; one or more parameters indicating one or more P0 values and/or path loss scaling factors; a parameter indicating a reference signal index for path loss estimation; a parameter for determining delta power related to Modulation & Coding Scheme (MCS) used for the CG-based SDT; and a parameter indicating whether TPC accumulation is enabled or not.; See also [0167]-[0240], [0296], [0297]), wherein the power control information (one or more parameters for power control) comprises: a reference signal associated with the PUSCH ([0239] In some embodiments, the reference signal (RS) for pathloss estimation may be the DL RS associated with the CG PUSCH transmission. In some embodiments, the DL RS may be an SSB selected for CG PUSCH resource determination.). Regarding claims 3 and 50, Lin discloses: wherein the PUSCH (PUSCH) is a PUSCH for a configure grant (CG) small data transmission (SDT) (CG based SDT) ([0031] FIG. 2 is a diagram illustrating an exemplary CG-based SDT procedure and exemplary PUSCH resource configuration according to an embodiment of the present disclosure. [0033] FIG. 4 is a diagram illustrating exemplary beam-based PUSCH resource selection for SDT according to an embodiment of the present disclosure.; See also Fig.6, [0292] –[0298]). Regarding claims 5 and 52, Lin discloses: wherein the power adjustment value (PPUSCH,b,f,c(i,j,qd,l) obtained by a formula (See, e.g., the formula in [0138]) based on one or more parameters including nominal value for CG based SDT power control, one or more P0 values and/or path loss scaling factors, path loss estimation, delta power related to Modulation & Coding Scheme (MCS), a parameter indicating whether TPC accumulation is enabled or not; PLb,f,c(qd)) comprises: a path loss compensation power value (path loss estimation, PLb,f,c(qd); See [0167]-[0240], [0295]-[0297]). Regarding claim 22, Lin discloses: A method (Figs.5-8) for determining a power parameter, performed by a network device ([0303] FIG. 8 is a flow chart of an exemplary method 800 at a network node for controlling transmission power for CG based SDT for a UE in a non-connected state) and comprising: sending power control information (one or more parameters for power control) of a physical uplink shared channel (PUSCH) (PUSCH, SDT) to a terminal device (Fig.8, S810; [0304] The method 800 may begin at step S810 where one or more parameters for power control may be transmitted to the UE.; ; See also Figs.2&4, [0031] [0033]), wherein the power control information (one or more parameters for power control) is configured to determine a power adjustment value (PPUSCH,b,f,c(i,j,qd,l) obtained by a formula (See, e.g., the formula in [0138]) based on one or more parameters including nominal value for CG based SDT power control, one or more P0 values and/or path loss scaling factors, path loss estimation, delta power related to Modulation & Coding Scheme (MCS), a parameter indicating whether TPC accumulation is enabled or not; PLb,f,c(qd)) corresponding to a transmitting power (transmission power for the CG based SDT) of the PUSCH (CG based SDT) ([0138] If a UE transmits a PUSCH on active UL BWP b of carrier f of serving cell c using parameter set configuration with index j and PUSCH power control adjustment state with index l, the UE may determine the PUSCH transmission power PPUSCH,b,f,c(i,j,qd,l) in PUSCH transmission occasion i; [0306] In some embodiments, the one or more parameters may comprise at least one of: a parameter indicating a nominal value for CG based SDT power control; one or more parameters indicating one or more P0 values and/or path loss scaling factors; a parameter indicating a reference signal index for path loss estimation; a parameter for determining delta power related to Modulation & Coding Scheme (MCS) used for the CG-based SDT; and a parameter indicating whether TPC accumulation is enabled or not.; See also [0167]-[0240], [0295]-[0297]), wherein the power control information (one or more parameters for power control) comprises: a reference signal associated with the PUSCH ([0239] In some embodiments, the reference signal (RS) for pathloss estimation may be the DL RS associated with the CG PUSCH transmission. In some embodiments, the DL RS may be an SSB selected for CG PUSCH resource determination.). Regarding claim 24, Lin discloses: wherein the PUSCH (PUSCH) is a PUSCH for a configure grant (CG) small data transmission (SDT) (CG based SDT) ([0031] FIG. 2 is a diagram illustrating an exemplary CG-based SDT procedure and exemplary PUSCH resource configuration according to an embodiment of the present disclosure. [0033] FIG. 4 is a diagram illustrating exemplary beam-based PUSCH resource selection for SDT according to an embodiment of the present disclosure.; See also Fig.6, [0292] –[0298]). Regarding claim 25, Lin discloses: wherein the power adjustment value (PPUSCH,b,f,c(i,j,qd,l) obtained by a formula (See, e.g., the formula in [0138]) based on one or more parameters including nominal value for CG based SDT power control, one or more P0 values and/or path loss scaling factors, path loss estimation, delta power related to Modulation & Coding Scheme (MCS), a parameter indicating whether TPC accumulation is enabled or not; PLb,f,c(qd)) comprises: a path loss compensation power value (path loss estimation, PLb,f,c(qd); See [0167]-[0240], [0295]-[0297], [0306]). Regarding claim 44, Lin discloses: A terminal device (UE; Fig.9, 900; [0309] FIG. 9 schematically shows an embodiment of an arrangement 900 which may be used in a user equipment (e.g., the UE 110)), comprising: a processor (Fig.9, 906), and a memory (Fig.9, 908) for storing a computer program (Fig.9, 910A-910D), wherein the processor is configured to: acquire power control information (one or more parameters for power control) of a physical uplink shared channel (PUSCH) (PUSCH, SDT) (Fig.6, S610; [0293] The method 600 may begin at step S610 where one or more parameters for power control may be received from a network node.; [0295] In some embodiments, the one or more parameters may comprise at least one of: a parameter indicating a nominal value for CG based SDT power control; one or more parameters indicating one or more P0 values and/or path loss scaling factors; a parameter indicating a reference signal index for path loss estimation; a parameter for determining delta power related to Modulation & Coding Scheme (MCS) used for the CG-based SDT; and a parameter indicating whether TPC accumulation is enabled or not. In some embodiments, at least one of the one or more parameters may be received via an RRC message, a Medium Access Control (MAC) Protocol Data Unit (PDU) message, and/or a DCI message. In some embodiments, the RRC message may be dedicated for the UE's SDT power control and comprises a whole PUSCH-PowerControl Information Element (IE). In some embodiments, the RRC message may be an RRC release message which triggers the UE to transition into the non-connected state.; See also Figs.2&4, [0031] [0033]); and determine a power adjustment value (PPUSCH,b,f,c(i,j,qd,l) obtained by a formula (See, e.g., the formula in [0138]) based on one or more parameters including nominal value for CG based SDT power control, one or more P0 values and/or path loss scaling factors, path loss estimation, delta power related to Modulation & Coding Scheme (MCS), a parameter indicating whether TPC accumulation is enabled or not; PLb,f,c(qd)) corresponding to a transmitting power (transmission power for the CG based SDT) of the PUSCH (CG based SDT) according to the power control information (one or more parameters for power control) (Fig.6, S620; [0138] If a UE transmits a PUSCH on active UL BWP b of carrier f of serving cell c using parameter set configuration with index j and PUSCH power control adjustment state with index l, the UE may determine the PUSCH transmission power PPUSCH,b,f,c(i,j,qd,l) in PUSCH transmission occasion i; [0294] At step S620, the transmission power for the CG based SDT may be determined at least partially based on the received one or more parameters.; [0295] In some embodiments, the one or more parameters may comprise at least one of: a parameter indicating a nominal value for CG based SDT power control; one or more parameters indicating one or more P0 values and/or path loss scaling factors; a parameter indicating a reference signal index for path loss estimation; a parameter for determining delta power related to Modulation & Coding Scheme (MCS) used for the CG-based SDT; and a parameter indicating whether TPC accumulation is enabled or not.; See also [0167]-[0240], [0296], [0297]), wherein the power control information (one or more parameters for power control) comprises: a reference signal associated with the PUSCH ([0239] In some embodiments, the reference signal (RS) for pathloss estimation may be the DL RS associated with the CG PUSCH transmission. In some embodiments, the DL RS may be an SSB selected for CG PUSCH resource determination.). Regarding claim 45, Lin discloses: A network device (Network node; Fig.9, 900; [0309] FIG. 9 schematically shows an embodiment of an arrangement 900 which may be used in … a network node (e.g., the gNB 120)), comprising: a processor (Fig.9, 906), and a memory (Fig.9, 908) for storing a computer program (Fig.9, 910E-910H), wherein the processor is configured to perform the method according to claim 22 (See the rejection of claim 22 above). Regarding claim 48, Lin discloses: A non-transitory computer-readable storage medium (computer program product 908 in the form of a non-volatile or volatile memory) for storing instructions (The computer program product 908 comprises a computer program 910) that, when executed, cause the method according to any one of claim 1 to be implemented ([0310] Furthermore, the arrangement 900 may comprise at least one computer program product 908 in the form of a non-volatile or volatile memory, e.g., an Electrically Erasable Programmable Read-Only Memory (EEPROM), a flash memory and/or a hard drive. The computer program product 908 comprises a computer program 910, which comprises code/computer readable instructions, which when executed by the processing unit 906 in the arrangement 900 causes the arrangement 900 and/or the UE/network node in which it is comprised to perform the actions, e.g., of the procedure described earlier in conjunction with FIG. 5 to FIG. 8 or any other variant.; See also rejection of claim 1 above). Regarding claim 49, Lin discloses: A non-transitory computer-readable storage medium (computer program product 908 in the form of a non-volatile or volatile memory) for storing instructions (The computer program product 908 comprises a computer program 910) that, when executed, cause the method according to claim 22 to be implemented ([0310] Furthermore, the arrangement 900 may comprise at least one computer program product 908 in the form of a non-volatile or volatile memory, e.g., an Electrically Erasable Programmable Read-Only Memory (EEPROM), a flash memory and/or a hard drive. The computer program product 908 comprises a computer program 910, which comprises code/computer readable instructions, which when executed by the processing unit 906 in the arrangement 900 causes the arrangement 900 and/or the UE/network node in which it is comprised to perform the actions, e.g., of the procedure described earlier in conjunction with FIG. 5 to FIG. 8 or any other variant.; See also rejection of claim 22 above). Regarding claim 54, Lin discloses: wherein the PUSCH (PUSCH) is used for a configure grant (CG) small data transmission (SDT) (CG based SDT) ([0031] FIG. 2 is a diagram illustrating an exemplary CG-based SDT procedure and exemplary PUSCH resource configuration according to an embodiment of the present disclosure. [0033] FIG. 4 is a diagram illustrating exemplary beam-based PUSCH resource selection for SDT according to an embodiment of the present disclosure.; See also Fig.6, [0292] –[0298]). 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moo Ryong Jeong whose telephone number is (571)272-9617. The examiner can normally be reached Monday - Friday, 8 am - 5 pm. 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, Deborah Reynolds can be reached on (571)272-0734. 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. /Moo Jeong/Supervisory Patent Examiner, Art Unit 2418
Read full office action

Prosecution Timeline

Sep 20, 2023
Application Filed
Sep 05, 2025
Non-Final Rejection mailed — §102
Dec 05, 2025
Response Filed
Jan 13, 2026
Final Rejection mailed — §102
Apr 10, 2026
Response after Non-Final Action
May 12, 2026
Request for Continued Examination
May 24, 2026
Non-Final Rejection (signed) — §102
May 24, 2026
Response after Non-Final Action

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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
77%
Grant Probability
99%
With Interview (+44.0%)
2y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 244 resolved cases by this examiner. Grant probability derived from career allowance rate.

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