Office Action Predictor
Application No. 18/571,466

METHOD, DEVICE AND COMPUTER STORAGE MEDIUM OF COMMUNICATION

Non-Final OA §103
Filed
Dec 18, 2023
Examiner
AUNG, SAI
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Nec Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
98%
With Interview

Examiner Intelligence

88%
Career Allow Rate
532 granted / 603 resolved
Without
With
+9.5%
Interview Lift
avg trend
2y 7m
Avg Prosecution
41 pending
644
Total Applications
career history

Statute-Specific Performance

§101
5.1%
-34.9% vs TC avg
§103
55.1%
+15.1% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§103
DETAILED ACTION Claims status In response to the application filed on 12/18/2023, claims 29-36 are currently pending for the examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Notice of Pre-AIA or AIA Status 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 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/18/2023 has been placed in the application file, and the information referred therein has been considered as to the merits. Drawings Drawing figures submitted on 12/18/2023 have been reviewed and accepted. 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 29, 31, 33, and 35 are rejected under 35 U.S.C. 103 as being unpatentable over GAO et al. (US 2022/0399978 A1 as PCT filed on Sep. 3, 2020) in view of LI (US 2023/0007648 A1). Regarding claim 29; Gao teaches a method of communication performed by a terminal device, comprising: receiving, from a network device, a first configuration (See Fig. 2: the base station can activate a terminal to perform SPS transmission according to the period configured by the SPS by sending an activating PDCCH…¶ [0046]) for semi-persistent scheduling (SPS) (See Fig. 2: In the step 201, the terminal may determine the initial time unit in which the PUCCH carrying the HARQ-ACK of the SPS PDSCH is located based on K1 corresponding to the first SPS PDSCH. ¶ [0055]) hybrid automatic repeat request (HARQ) deferral (See Fig. 2: Step 203, deferring, in case that an unavailable symbol is included, the first HARQ-ACK to a target time unit and processing the first HARQ-ACK. ¶ [0059]); determining that a first physical uplink control channel (PUCCH) transmission is overlapped with a second PUCCH transmission in a time domain (See Fig. 2: In case that the UCI includes CSI and/or SR, the PUCCH resource carrying the UCI and the first PUCCH resource have overlapping symbols. ¶ [0105]), and the first PUCCH transmission is overlapped with a downlink symbol (See Fig. 2: the PUCCH resource carrying the UCI and the PUCCH resource corresponding to the SPS PDSCH (i.e., DL symbol) have overlapping symbols. ¶ [0108]), wherein the first PUCCH transmission being with HARQ-acknowledgement (HARQ-ACK) information for SPS physical downlink shared channel (PDSCH) receptions (See Fig. 2: transmitting the first HARQ-ACK and the CSI simultaneously on a PUCCH resource corresponding to the CSI, or determining a PUCCH resource from PUCCH resources corresponding to SPS PDSCH based on a total number of bits of the first HARQ-ACK…; ¶ [0111]); and determining a PUCCH transmission associated with the HARQ-ACK information for the SPS PDSCH receptions based on the first configuration (See Fig. 2: the PUCCH resource for carrying the first HARQ-ACK is a PUCCH selected from PUCCH resources corresponding to SPS PDSCH based on a total number of bits of the HARQ-ACK of the SPS PDSCH and the HARQ-ACK of the SPS PDSCH to be transmitted in the target time unit…¶ [0099]). Even though, Gao teaches determining a PUCCH transmission associated with the HARQ-ACK information for the SPS PDSCH receptions based on the first configuration, Gao doesn’t explicitly provide determining a third PUCCH transmission. However, LI discloses determining a third PUCCH transmission (LI: See Fig. 4: the third time domain resource position of the PUCCH resource carrying the URLLC HARQ-ACK is determined; it is determined whether there is an overlap between the PUCCH resource carrying the URLLC HARQ-ACK and the PUCCH resource carrying the eMBB HARQ-ACK in the time domain based on the first time domain resource position (i.e., first configuration)…¶ [0168]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide determining the third PUCCH TX as taught by LI to have incorporated in the system of Gao, so that it would provide to improve the success rate of reception, when a small number of repeated transmissions are dropped, the base station can still receive all the eMBB data, so even if the eMBB PUSCH resources are dropped, the impact on using the eMBB service data is small. LI: ¶ [0162]. Regarding claim 31; Gao teaches a method of communication performed by a network device, comprising transmitting, to a terminal device, a first configuration (See Fig. 2: the base station can activate a terminal to perform SPS transmission according to the period configured by the SPS by sending an activating PDCCH…¶ [0046]) for semi-persistent scheduling (SPS) (See Fig. 2: In the step 201, the terminal may determine the initial time unit in which the PUCCH carrying the HARQ-ACK of the SPS PDSCH is located based on K1 corresponding to the first SPS PDSCH. ¶ [0055]) hybrid automatic repeat request (HARQ) deferral (See Fig. 2: Step 203, deferring, in case that an unavailable symbol is included, the first HARQ-ACK to a target time unit and processing the first HARQ-ACK. ¶ [0059]); wherein a first physical uplink control channel (PUCCH) transmission is overlapped with a second PUCCH transmission in a time domain (See Fig. 2: In case that the UCI includes CSI and/or SR, the PUCCH resource carrying the UCI and the first PUCCH resource have overlapping symbols. ¶ [0105]), and the first PUCCH transmission is overlapped with a downlink symbol (See Fig. 2: the PUCCH resource carrying the UCI and the PUCCH resource corresponding to the SPS PDSCH (i.e., DL symbol) have overlapping symbols. ¶ [0108]), wherein the first PUCCH transmission being with HARQ-acknowledgement (HARQ-ACK) information for SPS physical downlink shared channel (PDSCH) receptions (See Fig. 2: transmitting the first HARQ-ACK and the CSI simultaneously on a PUCCH resource corresponding to the CSI, or determining a PUCCH resource from PUCCH resources corresponding to SPS PDSCH based on a total number of bits of the first HARQ-ACK…; ¶ [0111]); and for determining of a PUCCH transmission associated with the HARQ-ACK information for the SPS PDSCH receptions based on the first configuration (See Fig. 2: the PUCCH resource for carrying the first HARQ-ACK is a PUCCH selected from PUCCH resources corresponding to SPS PDSCH based on a total number of bits of the HARQ-ACK of the SPS PDSCH and the HARQ-ACK of the SPS PDSCH to be transmitted in the target time unit…¶ [0099]). Even though, Gao teaches determining a PUCCH transmission associated with the HARQ-ACK information for the SPS PDSCH receptions based on the first configuration, Gao doesn’t explicitly provide determining a third PUCCH transmission. However, LI discloses determining a third PUCCH transmission (LI: See Fig. 4: the third time domain resource position of the PUCCH resource carrying the URLLC HARQ-ACK is determined; it is determined whether there is an overlap between the PUCCH resource carrying the URLLC HARQ-ACK and the PUCCH resource carrying the eMBB HARQ-ACK in the time domain based on the first time domain resource position (i.e., first configuration)…¶ [0168]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide determining the third PUCCH TX as taught by LI to have incorporated in the system of Gao, so that it would provide to improve the success rate of reception, when a small number of repeated transmissions are dropped, the base station can still receive all the eMBB data, so even if the eMBB PUSCH resources are dropped, the impact on using the eMBB service data is small. LI: ¶ [0162]. Regarding claim 33; Gao teaches a terminal device, comprising: a receiver; and at least one processor configured to cause the terminal device to: control the receiver to receive, from a network device, a first configuration (See Fig. 2: the base station can activate a terminal to perform SPS transmission according to the period configured by the SPS by sending an activating PDCCH…¶ [0046]) for semi-persistent scheduling (SPS) (See Fig. 2: In the step 201, the terminal may determine the initial time unit in which the PUCCH carrying the HARQ-ACK of the SPS PDSCH is located based on K1 corresponding to the first SPS PDSCH. ¶ [0055]) hybrid automatic repeat request (HARQ) deferral (See Fig. 2: Step 203, deferring, in case that an unavailable symbol is included, the first HARQ-ACK to a target time unit and processing the first HARQ-ACK. ¶ [0059]); determine that a first physical uplink control channel (PUCCH) transmission is overlapped with a second PUCCH transmission in a time domain (See Fig. 2: In case that the UCI includes CSI and/or SR, the PUCCH resource carrying the UCI and the first PUCCH resource have overlapping symbols. ¶ [0105]), and the first PUCCH transmission is overlapped with a downlink symbol (See Fig. 2: the PUCCH resource carrying the UCI and the PUCCH resource corresponding to the SPS PDSCH (i.e., DL symbol) have overlapping symbols. ¶ [0108]), wherein the first PUCCH transmission being with HARQ-acknowledgement (HARQ-ACK) information for SPS physical downlink shared channel (PDSCH) receptions (See Fig. 2: transmitting the first HARQ-ACK and the CSI simultaneously on a PUCCH resource corresponding to the CSI, or determining a PUCCH resource from PUCCH resources corresponding to SPS PDSCH based on a total number of bits of the first HARQ-ACK…; ¶ [0111]); and determine a PUCCH transmission associated with the HARQ-ACK information for the SPS PDSCH receptions based on the first configuration (See Fig. 2: the PUCCH resource for carrying the first HARQ-ACK is a PUCCH selected from PUCCH resources corresponding to SPS PDSCH based on a total number of bits of the HARQ-ACK of the SPS PDSCH and the HARQ-ACK of the SPS PDSCH to be transmitted in the target time unit…¶ [0099]). Even though, Gao teaches determining a PUCCH transmission associated with the HARQ-ACK information for the SPS PDSCH receptions based on the first configuration, Gao doesn’t explicitly provide determining a third PUCCH transmission. However, LI discloses determining a third PUCCH transmission (LI: See Fig. 4: the third time domain resource position of the PUCCH resource carrying the URLLC HARQ-ACK is determined; it is determined whether there is an overlap between the PUCCH resource carrying the URLLC HARQ-ACK and the PUCCH resource carrying the eMBB HARQ-ACK in the time domain based on the first time domain resource position (i.e., first configuration)…¶ [0168]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide determining the third PUCCH TX as taught by LI to have incorporated in the system of Gao, so that it would provide to improve the success rate of reception, when a small number of repeated transmissions are dropped, the base station can still receive all the eMBB data, so even if the eMBB PUSCH resources are dropped, the impact on using the eMBB service data is small. LI: ¶ [0162]. Regarding claim 35; Gao teaches a network device, comprising: a transmitter; and at least one processor configured to cause the network device to: control the transmitter to transmit, to a terminal device, a first configuration (See Fig. 2: the base station can activate a terminal to perform SPS transmission according to the period configured by the SPS by sending an activating PDCCH…¶ [0046]) for semi-persistent scheduling (SPS) (See Fig. 2: In the step 201, the terminal may determine the initial time unit in which the PUCCH carrying the HARQ-ACK of the SPS PDSCH is located based on K1 corresponding to the first SPS PDSCH. ¶ [0055]) hybrid automatic repeat request (HARQ) deferral (See Fig. 2: Step 203, deferring, in case that an unavailable symbol is included, the first HARQ-ACK to a target time unit and processing the first HARQ-ACK. ¶ [0059]); wherein a first physical uplink control channel (PUCCH) transmission is overlapped with a second PUCCH transmission in a time domain (See Fig. 2: In case that the UCI includes CSI and/or SR, the PUCCH resource carrying the UCI and the first PUCCH resource have overlapping symbols. ¶ [0105]), and the first PUCCH transmission is overlapped with a downlink symbol (See Fig. 2: the PUCCH resource carrying the UCI and the PUCCH resource corresponding to the SPS PDSCH (i.e., DL symbol) have overlapping symbols. ¶ [0108]), wherein the first PUCCH transmission being with HARQ-acknowledgement (HARQ-ACK) information for SPS physical downlink shared channel (PDSCH) receptions (See Fig. 2: transmitting the first HARQ-ACK and the CSI simultaneously on a PUCCH resource corresponding to the CSI, or determining a PUCCH resource from PUCCH resources corresponding to SPS PDSCH based on a total number of bits of the first HARQ-ACK…; ¶ [0111]); and the first configuration is used for determining of a PUCCH transmission associated with the HARQ-ACK information for the SPS PDSCH receptions based on the first configuration (See Fig. 2: the PUCCH resource for carrying the first HARQ-ACK is a PUCCH selected from PUCCH resources corresponding to SPS PDSCH based on a total number of bits of the HARQ-ACK of the SPS PDSCH and the HARQ-ACK of the SPS PDSCH to be transmitted in the target time unit…¶ [0099]). Even though, Gao teaches determining a PUCCH transmission associated with the HARQ-ACK information for the SPS PDSCH receptions based on the first configuration, Gao doesn’t explicitly provide determining a third PUCCH transmission. However, LI discloses determining a third PUCCH transmission (LI: See Fig. 4: the third time domain resource position of the PUCCH resource carrying the URLLC HARQ-ACK is determined; it is determined whether there is an overlap between the PUCCH resource carrying the URLLC HARQ-ACK and the PUCCH resource carrying the eMBB HARQ-ACK in the time domain based on the first time domain resource position (i.e., first configuration)…¶ [0168]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide determining the third PUCCH TX as taught by LI to have incorporated in the system of Gao, so that it would provide to improve the success rate of reception, when a small number of repeated transmissions are dropped, the base station can still receive all the eMBB data, so even if the eMBB PUSCH resources are dropped, the impact on using the eMBB service data is small. LI: ¶ [0162]. Allowable Subject Matter Claims 30, 32, 34, and 36 are objected to as being dependent upon the rejected base claims but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang et al. (US 2021/0105766 A1 to discuss Method Of Multiplexing Uplink Control Information And Related Device). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAI AUNG whose telephone number is (571)272-3507. The examiner can normally be reached on Monday-Friday, Alt Fridays, 7:30 AM- 5:00 PM (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. 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 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. /SAI AUNG/ Primary Examiner, Art Unit 2416
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Prosecution Timeline

Dec 18, 2023
Application Filed
Dec 16, 2025
Non-Final Rejection — §103
Mar 25, 2026
Response Filed

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
98%
With Interview (+9.5%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 603 resolved cases by this examiner