Prosecution Insights
Last updated: July 17, 2026
Application No. 18/570,714

METHOD, DEVICE AND COMPUTER READABLE MEDIUM FOR COMMUNICATION

Final Rejection §102§103
Filed
Dec 15, 2023
Priority
Jun 17, 2021 — nonprovisional of PCTCN2021100725
Examiner
HEIBER, SHANTELL LAKETA
Art Unit
2645
Tech Center
2600 — Communications
Assignee
NEC Corporation
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
624 granted / 806 resolved
+15.4% vs TC avg
Strong +20% interview lift
Without
With
+19.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
22 currently pending
Career history
843
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
84.4%
+44.4% vs TC avg
§102
9.4%
-30.6% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 806 resolved cases

Office Action

§102 §103
CTFR 18/570,714 CTFR 81709 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 Arguments 07-37 AIA Applicant's arguments filed 4/16/26 have been fully considered but they are not persuasive. The applicant argues “…Applicant respectfully submits that Yuan does not teach or suggest that "the first TCI state is to be applied from a first slot that is at least a time duration of one or more symbols after a last symbol of the PUCCH or the PUSCH."… Here, Yuan merely discloses that the TCI state is applied to the PUCCH transmission in a slot, but Yuan does not teach or suggest the TCI state is applied after the PUCCH transmission, and also does not disclose how to determine the starting slot to apply the TCI state after the PUCCH…” See pages 8-9 of applicant’s remarks. The examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., Here, Yuan merely discloses that the TCI state is applied to the PUCCH transmission in a slot, but Yuan does not teach or suggest the TCI state is applied after the PUCCH transmission, and also does not disclose how to determine the starting slot to apply the TCI state after the PUCCH ) are not recited in the rejected claim(s). 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). Yuan does disclose applicant’s claimed “the first TCI state (i.e., the UE 405 may transmit the HARQ-ACK feedback corresponding to, or in response to, the unified TCI using a PUCCH transmission therefore, the “first TCI state” is the unified TCI received from the base station; see paragraphs [0074] and [0078]) is to be applied from a first slot (i.e., the first slot n where the UE 405 receives the DCI; see paragraphs [0074] and [0078]) that is at least a time duration (i.e., The DCI format of the DCI transmission may include a PDSCH-to-HARQ feedback timing indicator field (e.g., for indicating a slot offset, k1) that indicates the value of the slot parameter k. The DCI format of the DCI transmission may include a PDSCH-to-HARQ feedback timing indicator field that indicates a slot offset k1 and a time domain resource assignment field that indicates a parameter k0; see paragraph [0078]) of one or more symbols (i.e., PUCCH resources 515 may be used to transmit a HARQ-ACK codebook of multiple ACK/NACK bits, including at least one of the ACK/NACK bits for the HARQ feedback corresponding to the beam indication in the SPS release DCI transmission therefore, the “one or more symbols” are considered the A/N bit as described in paragraphs [0069] and [0091]) after a last symbol of the PUCCH or the PUSCH (in other words, the value of the slot parameter k may be zero, and the second slot may include a last slot of the PUCCH transmission that overlaps with reception of the DCI transmission. Therefore, considered after a last A/N bit of the PUCCH) .” Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim(s) 24-25, 27, 29-31 and 33 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yuan et al. (Yuan), U.S. Publication No. 2024/0080858 . Regarding Claim 24, Yuan discloses a method, performed by a terminal device (i.e., UE 405; see figure 4) , the method comprising: receiving a first downlink control information (DCI), the first DCI indicating a first transmission configuration indicator (TCI) state (i.e., the base station 410 may transmit, and the UE 405 may receive, a DCI transmission that indicates a unified TCI.; see paragraph [0076]) ; and transmitting a physical uplink control channel (PUCCH) or a physical uplink shared channel (PUSCH) with positive hybrid automatic repeat request-acknowledgement (HARQ-ACK) (i.e., the UE 405 may transmit, and the base station 410 may receive, the HARQ-ACK feedback based at least in part on the determined resources. The HARQ-ACK feedback may include an ACK to indicate successful reception of the DCI transmission… the UE 405 may transmit the HARQ-ACK feedback corresponding to, or in response to, the unified TCI using a PUCCH transmission; see paragraphs [0077] and [0078]) corresponding to the first DCI, or corresponding to a physical downlink shared channel (PDSCH) scheduled by the first DCI, wherein: the first TCI state is different from a previously indicated TCI state (in other words, the UE includes means for receiving a DCI transmission that indicates a unified TCI, wherein the DCI transmission comprises an SPS-release DCI transmission releasing an SPS physical downlink shared channel (PDSCH) configuration; or means for transmitting hybrid automatic repeat request acknowledgement (HARQ-ACK) feedback using a HARQ-ACK codebook, wherein the HARQ-ACK feedback comprises an acknowledgment (ACK) to indicate successful reception of the unified TCI in the DCI transmission according to paragraph [0046] therefore, the TCI state is different from the previous TCI state due to specifications of transmissions and configurations) , and the first TCI state (i.e., the UE 405 may transmit the HARQ-ACK feedback corresponding to, or in response to, the unified TCI using a PUCCH transmission therefore, the “first TCI state” is the unified TCI received from the base station; see paragraphs [0074] and [0078]) is to be applied from a first slot (i.e., the first slot n where the UE 405 receives the DCI; see paragraphs [0074] and [0078]) that is at least a time duration (i.e., The DCI format of the DCI transmission may include a PDSCH-to-HARQ feedback timing indicator field (e.g., for indicating a slot offset, k1) that indicates the value of the slot parameter k. The DCI format of the DCI transmission may include a PDSCH-to-HARQ feedback timing indicator field that indicates a slot offset k1 and a time domain resource assignment field that indicates a parameter k0; see paragraph [0078]) of one or more symbols (i.e., PUCCH resources 515 may be used to transmit a HARQ-ACK codebook of multiple ACK/NACK bits, including at least one of the ACK/NACK bits for the HARQ feedback corresponding to the beam indication in the SPS release DCI transmission therefore, the “one or more symbols” are considered the A/N bit as described in paragraphs [0069] and [0091]) after a last symbol of the PUCCH or the PUSCH (in other words, the value of the slot parameter k may be zero, and the second slot may include a last slot of the PUCCH transmission that overlaps with reception of the DCI transmission. Therefore, considered after a last A/N bit of the PUCCH) . Regarding Claim 29, Yuan discloses a terminal device (i.e., UE 405; see figures 4 and 11) comprising: a processor (i.e., determination component 1108; see figure 11) configured to cause the terminal device to: receive a first downlink control information (DCI) (i.e., the DCI format of the DCI transmission may include a downlink assignment indicator such as a downlink assignment index (DAI) field; see paragraph [0079]) , the first DCI indicating a first transmission configuration indicator (TCI) state (i.e., the base station 410 may transmit, and the UE 405 may receive, a DCI transmission that indicates a unified TCI.; see paragraph [0076]) ; and transmit a physical uplink control channel (PUCCH) or a physical uplink shared channel (PUSCH) with positive hybrid automatic repeat request-acknowledgement (HARQ-ACK) (i.e., the UE 405 may transmit, and the base station 410 may receive, the HARQ-ACK feedback based at least in part on the determined resources. The HARQ-ACK feedback may include an ACK to indicate successful reception of the DCI transmission… the UE 405 may transmit the HARQ-ACK feedback corresponding to, or in response to, the unified TCI using a PUCCH transmission; see paragraphs [0077] and [0078]) corresponding to the first DCI, corresponding to a physical downlink shared channel (PDSCH) scheduled by the DCI (as described in paragraph [0078]) , wherein: the first TCI state is different from a previously indicated TCI state (in other words, the UE includes means for receiving a DCI transmission that indicates a unified TCI, wherein the DCI transmission comprises an SPS-release DCI transmission releasing an SPS physical downlink shared channel (PDSCH) configuration; or means for transmitting hybrid automatic repeat request acknowledgement (HARQ-ACK) feedback using a HARQ-ACK codebook, wherein the HARQ-ACK feedback comprises an acknowledgment (ACK) to indicate successful reception of the unified TCI in the DCI transmission according to paragraph [0046] therefore, the TCI state is different from the previous TCI state due to specifications of transmissions and configurations) , and the first TCI state (i.e., the UE 405 may transmit the HARQ-ACK feedback corresponding to, or in response to, the unified TCI using a PUCCH transmission therefore, the “first TCI state” is the unified TCI received from the base station; see paragraphs [0074] and [0078]) is to be applied from a first slot (i.e., the first slot n where the UE 405 receives the DCI; see paragraphs [0074] and [0078]) that is at least a time duration (i.e., The DCI format of the DCI transmission may include a PDSCH-to-HARQ feedback timing indicator field (e.g., for indicating a slot offset, k1) that indicates the value of the slot parameter k. The DCI format of the DCI transmission may include a PDSCH-to-HARQ feedback timing indicator field that indicates a slot offset k1 and a time domain resource assignment field that indicates a parameter k0; see paragraph [0078]) of one or more symbols (i.e., PUCCH resources 515 may be used to transmit a HARQ-ACK codebook of multiple ACK/NACK bits, including at least one of the ACK/NACK bits for the HARQ feedback corresponding to the beam indication in the SPS release DCI transmission therefore, the “one or more symbols” are considered the A/N bit as described in paragraphs [0069] and [0091]) after a last symbol of the PUCCH or the PUSCH (in other words, the value of the slot parameter k may be zero, and the second slot may include a last slot of the PUCCH transmission that overlaps with reception of the DCI transmission. Therefore, considered after a last A/N bit of the PUCCH) . Regarding Claim 30, Yuan discloses a method, performed by a network device (i.e., base station 410; see figure 4) , the method comprising: transmitting a first downlink control information (DCI), the DCI indicating a transmission configuration indicator (TCI) state (i.e., the base station 410 may transmit, and the UE 405 may receive, a DCI transmission that indicates a unified TCI.; see paragraph [0076]) ; and receiving a physical uplink control channel (PUCCH) or a physical uplink shared channel (PUSCH) with positive hybrid automatic repeat request-acknowledgement (HARQ-ACK) (i.e., the UE 405 may transmit, and the base station 410 may receive, the HARQ-ACK feedback based at least in part on the determined resources. The HARQ-ACK feedback may include an ACK to indicate successful reception of the DCI transmission… the UE 405 may transmit the HARQ-ACK feedback corresponding to, or in response to, the unified TCI using a PUCCH transmission; see paragraphs [0077] and [0078]) corresponding to the first DCI, or corresponding to a physical downlink shared channel (PDSCH) scheduled by the first DCI, wherein: the first TCI state is different from a previously indicated TCI state (in other words, the UE includes means for receiving a DCI transmission that indicates a unified TCI, wherein the DCI transmission comprises an SPS-release DCI transmission releasing an SPS physical downlink shared channel (PDSCH) configuration; or means for transmitting hybrid automatic repeat request acknowledgement (HARQ-ACK) feedback using a HARQ-ACK codebook, wherein the HARQ-ACK feedback comprises an acknowledgment (ACK) to indicate successful reception of the unified TCI in the DCI transmission according to paragraph [0046] therefore, the TCI state is different from the previous TCI state due to specifications of transmissions and configurations) , and the first TCI state (i.e., the UE 405 may transmit the HARQ-ACK feedback corresponding to, or in response to, the unified TCI using a PUCCH transmission therefore, the “first TCI state” is the unified TCI received from the base station; see paragraphs [0074] and [0078]) is to be applied from a first slot (i.e., the first slot n where the UE 405 receives the DCI; see paragraphs [0074] and [0078]) that is at least a time duration (i.e., The DCI format of the DCI transmission may include a PDSCH-to-HARQ feedback timing indicator field (e.g., for indicating a slot offset, k1) that indicates the value of the slot parameter k. The DCI format of the DCI transmission may include a PDSCH-to-HARQ feedback timing indicator field that indicates a slot offset k1 and a time domain resource assignment field that indicates a parameter k0; see paragraph [0078]) of one or more symbols (i.e., PUCCH resources 515 may be used to transmit a HARQ-ACK codebook of multiple ACK/NACK bits, including at least one of the ACK/NACK bits for the HARQ feedback corresponding to the beam indication in the SPS release DCI transmission therefore, the “one or more symbols” are considered the A/N bit as described in paragraphs [0069] and [0091]) after a last symbol of the PUCCH or the PUSCH (in other words, the value of the slot parameter k may be zero, and the second slot may include a last slot of the PUCCH transmission that overlaps with reception of the DCI transmission. Therefore, considered after a last A/N bit of the PUCCH) . Regarding Claims 25 and 31, Yuan discloses wherein the TCI state is one of a downlink (DL) TCI state (see paragraph [0063]) , an uplink (UL) TCI state, or a joint DL/UL TCI state. Regarding Claims 27 and 33, Yuan discloses wherein the time duration is configured via radio resource control (RRC) signaling (see paragraph [0074]) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 28 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Yuan et al. (Yuan 935’), U.S. Publication No. 2024/0014935 . Regarding Claims 28 and 34, Yuan discloses the method as described above. Yuan fails to disclose wherein a largest number of the one or more symbols in the time duration is equal to 336. Yuan 935’ discloses wherein a largest number of the one or more symbols in the time duration is equal to 336 (i.e., a beamSwitchTiming may also be defined such that if the scheduling offset between the last symbol of the PDCCH carrying the triggering DCI and the first symbol of aperiodic CSI-RS resources is equal to or greater than the wireless communication device reported threshold beamSwitchTiming when the reported value is one of the values of {14,28,48} and enableBeamSwitch Timing-r16 is not provided, or is equal to or greater than 48 when the reported value of beamSwitchTiming-r16 is one of the values of {224, 336} and enableBeamSwitchTiming-r16 is provided…as described in paragraph [0058]) . It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Yuan 935’s invention with Yuan’s invention to improve spectral efficiency, lower costs and improve services as described throughout Yuan 935’ . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 36-38 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 07-39 AIA 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 SHANTELL LAKETA HEIBER whose telephone number is (571)272-0886. The examiner can normally be reached on M-F from 9am to 5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy, can be reached at telephone number (571)272-0886. The fax phone 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 Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form. /SHANTELL L HEIBER/Primary Examiner, Art Unit 2645 June 2, 2026 Application/Control Number: 18/570,714 Page 2 Art Unit: 2645 Application/Control Number: 18/570,714 Page 3 Art Unit: 2645 Application/Control Number: 18/570,714 Page 4 Art Unit: 2645 Application/Control Number: 18/570,714 Page 5 Art Unit: 2645 Application/Control Number: 18/570,714 Page 6 Art Unit: 2645 Application/Control Number: 18/570,714 Page 7 Art Unit: 2645 Application/Control Number: 18/570,714 Page 8 Art Unit: 2645 Application/Control Number: 18/570,714 Page 9 Art Unit: 2645 Application/Control Number: 18/570,714 Page 10 Art Unit: 2645 Application/Control Number: 18/570,714 Page 11 Art Unit: 2645 Application/Control Number: 18/570,714 Page 12 Art Unit: 2645 Application/Control Number: 18/570,714 Page 13 Art Unit: 2645
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Prosecution Timeline

Dec 15, 2023
Application Filed
Jan 07, 2026
Non-Final Rejection mailed — §102, §103
Apr 16, 2026
Response Filed
Jun 04, 2026
Final Rejection mailed — §102, §103 (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

3-4
Expected OA Rounds
77%
Grant Probability
97%
With Interview (+19.7%)
3y 0m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 806 resolved cases by this examiner. Grant probability derived from career allowance rate.

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