Prosecution Insights
Last updated: April 19, 2026
Application No. 18/572,874

RESOURCE ALLOCATION METHOD AND APPARATUS THEREOF

Non-Final OA §102§103
Filed
Dec 21, 2023
Examiner
PATEL, JAY P
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
BEIJING XIAOMI MOBILE SOFTWARE CO., LTD.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
90%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
777 granted / 920 resolved
+26.5% vs TC avg
Moderate +5% lift
Without
With
+5.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
35 currently pending
Career history
955
Total Applications
across all art units

Statute-Specific Performance

§101
5.5%
-34.5% vs TC avg
§103
42.6%
+2.6% vs TC avg
§102
34.7%
-5.3% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 920 resolved cases

Office Action

§102 §103
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 § 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-2, 6-9, 12, 25-26 and 29-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sundberg et al. (US 20160073400 A1). In regards to claims 1, 25 and 29, Sundberg teaches, a resource allocation method, performed by a network device, comprising: determining a maximum number of transmission resource blocks of a terminal device according to capability information(see figure 5, step 502, see paragraph 51; The network node 420 receives, from the MS 410, an indication of a maximum number of resource blocks that the MS 410 is capable of processing during a TTI; see paragraph 53; the maximum number of resource blocks supported could be signaled indicating MS capability on a per feature set); and configuring resource block information for the terminal device according to the maximum number of transmission resource blocks (see figure 5, step 504; paragraph 56; the network node 420 assigns resource blocks to the MS 410. The assigning is based on the received indication of a maximum number of consecutive downlink TS, on the received indication of a maximum number of resource blocks and on the received indication of a maximum number of carriers). In regards to claims 2 and 31, Sundberg teaches, further comprising: sending reporting indication information to the terminal device, wherein the reporting indication information is used for indicating the terminal device to report the capability information (see paragraph 64; a MS Radio Access Capability information element, and a MS Classmark 3 information element). In regards to claim 6, Sundberg teaches, wherein determining the maximum number of transmission resource blocks of the terminal device according to the capability information reported by the terminal device comprises: taking a number carried in the capability information as the maximum number of transmission resource blocks of the terminal device (see paragraph 16; The network node further receives, from the MS, an indication of a maximum number of carriers supported by the MS. The network node assigns resource blocks to the MS). In regards to claim 7, Sundberg teaches, wherein the resource block information comprises at least one of a starting position of a resource block (see figure 5, step 504; paragraph 56; the network node 420 assigns resource blocks to the MS 410. The assigning is based on the received indication of a maximum number of consecutive downlink TS; also see figures 1 and 2; the starting position is TS0) or resource size information (see figures 9, 10 and 11; where two, three and four timeslots are assigned for UL traffic respectively). In regards to claims 8, 26 and 30, Sundberg teaches, a resource allocation method, performed by a terminal device, comprising: reporting capability information to a network device, wherein the capability information is used for determining a maximum number of transmission resource blocks of the terminal device (see figure 6, step 602, see paragraph 61; The MS 410 signals, to the network node 420, an indication of a maximum number of resource blocks that the MS 410 is capable of processing during a TTI. The maximum number of resource blocks may be indicated independently of a maximum number of carriers; see paragraph 53; the maximum number of resource blocks supported could be signaled indicating MS capability on a per feature set), and the maximum number of transmission resource blocks is used for configuring resource block information for the terminal device (see figure 6, step 604; see paragraph 65; the MS 410 receives, from the network node 420, an assignment of resource blocks. The assigning is based on the received indication of a maximum number of consecutive downlink TS, on the received indication of a maximum number of resource blocks and on the received indication of a maximum number of carriers). In regards to claim 9, Sundberg teaches, receiving reporting indication information sent by the network device, wherein the reporting indication information is used for indicating the terminal device to report the capability information (see paragraph 64; a MS Radio Access Capability information element, and a MS Classmark 3 information element). In regards to claim 12, Sundberg teaches, wherein the capability information comprises a number (see paragraph 40; an MS may signal a multislot class implying a capability of receiving up to 5 consecutive TS in the DL on a given carrier). 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. Claim(s) 3-5, 10-11 and 32-34 are rejected under 35 U.S.C. 103 as being unpatentable over Sundberg et al as stated above further in view of Sun et al. (US Publication 2023/0269730 A1). In regards to claims 3 and 32, Sundberg teaches the resource block capability with respect to the parent claim as shown above. However, Sundberg fails to expand further on the UE capability. Thus, Sundberg fails to teach, wherein the capability information comprises a resource block difference, and determining the maximum number of transmission resource blocks of the terminal device according to the capability information reported by the terminal device comprises: acquiring a channel bandwidth used by the terminal device and subcarrier spacing used by the channel bandwidth; determining an initial maximum number of transmission resource blocks corresponding to the channel bandwidth and the subcarrier spacing; and determining the maximum number of transmission resource blocks of the terminal device according to the initial maximum number of transmission resource blocks and the resource block difference. Sun et al. (US Publication 2023/0269730 A1) teaches, wherein the capability information comprises a resource block difference (see paragraph 75; in some cases, a UE may also receive transmissions within the intra-cell guard band 604 if the UE is a high-capability UE), and determining the maximum number of transmission resource blocks of the terminal device according to the capability information reported by the terminal device comprises: acquiring a channel bandwidth used by the terminal device and subcarrier spacing used by the channel bandwidth (see paragraph 47; The system bandwidth may also be partitioned into subbands. For example, a subband may cover multiple RBs. NR may support a base subcarrier spacing (SCS) of 15 KHz and other SCS may be defined with respect to the base SCS (e.g., 30 kHz, 60 kHz, 120 kHz, 240 kHz, etc.); see paragraph 75 and figure 6; FIG. 6, is composed of ten equally spaced RBs 602 within a 20 MHz frequency bandwidth (e.g., RB set) for 15 KHz sub-carrier spacing); determining an initial maximum number of transmission resource blocks corresponding to the channel bandwidth and the subcarrier spacing; and determining the maximum number of transmission resource blocks of the terminal device according to the initial maximum number of transmission resource blocks and the resource block difference (see paragraph 75; FIG. 6, is composed of ten equally spaced RBs 602 within a 20 MHz frequency bandwidth (e.g., RB set) for 15 KHz sub-carrier spacing. In certain aspects, for RBs that belong to an assigned set of interlaces but that fall in an intra-cell guard band, such RBs will be assigned only if the RB sets on both sides are assigned. Further, in some cases a wireless device, such as a UE, may transmit in the intra-cell guard band 604 if both RB sets on either side of the intra-cell guard band are allocated to the UE ). Sundberg and Sun both relate to resource allocation. Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the present application to incorporate the high capacity capability determination as taught by Sun into the teachings of Sundberg. The motivation to do so would be to allow for an efficient allocation by take the exact processing capability of the UE into account. In regards to claims 4 and 33, Sundberg teaches the resource block capability with respect to the parent claim as shown above. Sundberg however fails to teach, wherein the capability information comprises an indication field of whether a capability is a high capability, and determining the maximum number of transmission resource blocks of the terminal device according to the capability information reported by the terminal device comprises: determining the maximum number of transmission resource blocks of the terminal device in response to determining that the terminal device has the high capability according to an indication value of the indication field. Sun however teaches, wherein the capability information comprises an indication field of whether a capability is a high capability (see paragraph 75; in some cases, a UE may also receive transmissions within the intra-cell guard band 604 if the UE is a high-capability UE), and determining the maximum number of transmission resource blocks of the terminal device according to the capability information reported by the terminal device comprises: determining the maximum number of transmission resource blocks of the terminal device in response to determining that the terminal device has the high capability according to an indication value of the indication field (see paragraph 75; FIG. 6, is composed of ten equally spaced RBs 602 within a 20 MHz frequency bandwidth (e.g., RB set) for 15 KHz sub-carrier spacing. In certain aspects, for RBs that belong to an assigned set of interlaces but that fall in an intra-cell guard band, such RBs will be assigned only if the RB sets on both sides are assigned. Further, in some cases a wireless device, such as a UE, may transmit in the intra-cell guard band 604 if both RB sets on either side of the intra-cell guard band are allocated to the UE ). Sundberg and Sun both relate to resource allocation. Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the present application to incorporate the high capacity capability determination as taught by Sun into the teachings of Sundberg. The motivation to do so would be to allow for an efficient allocation by take the exact processing capability of the UE into account. In regards to claim 5 and 34, Sundberg and Sun either individually or in combination teach all the limitations of the parent claims as stated above. However, Sundberg fails to teach, wherein determining the maximum number of transmission resource blocks of the terminal device in response to determining that the terminal device has the high capability according to the indication value of the indication field comprises: acquiring a specified resource block difference in response to determining that the terminal device has the high capability according to the indication value of the indication field (see paragraph 75; a UE may transmit information to a base station, indicating a capability of the UE; In the interlaced uplink resource allocation, the basic unit of resource allocation for the unlicensed channels is an interlace, which, for example, as illustrated in FIG. 6, is composed of ten equally spaced RBs 602 within a 20 MHz frequency bandwidth (e.g., RB set) for 15 KHz sub-carrier spacing. In certain aspects, for RBs that belong to an assigned set of interlaces but that fall in an intra-cell guard band, such RBs will be assigned only if the RB sets on both sides are assigned. Further, in some cases a wireless device, such as a UE, may transmit in the intra-cell guard band 604 if both RB sets on either side of the intra-cell guard band are allocated to the UE. Likewise, in some cases, a UE may also receive transmissions within the intra-cell guard band 604 if the UE is a high-capability UE); acquiring a channel bandwidth used by the terminal device and subcarrier spacing used by the channel bandwidth (see paragraph 47; The system bandwidth may also be partitioned into subbands. For example, a subband may cover multiple RBs. NR may support a base subcarrier spacing (SCS) of 15 KHz and other SCS may be defined with respect to the base SCS (e.g., 30 kHz, 60 kHz, 120 kHz, 240 kHz, etc.); see paragraph 75 and figure 6; FIG. 6, is composed of ten equally spaced RBs 602 within a 20 MHz frequency bandwidth (e.g., RB set) for 15 KHz sub-carrier spacing); determining an initial maximum number of transmission resource blocks corresponding to the channel bandwidth and the subcarrier spacing; and determining the maximum number of transmission resource blocks of the terminal device according to the initial maximum number of transmission resource blocks and the resource block difference (see paragraph 75; FIG. 6, is composed of ten equally spaced RBs 602 within a 20 MHz frequency bandwidth (e.g., RB set) for 15 KHz sub-carrier spacing. In certain aspects, for RBs that belong to an assigned set of interlaces but that fall in an intra-cell guard band, such RBs will be assigned only if the RB sets on both sides are assigned. Further, in some cases a wireless device, such as a UE, may transmit in the intra-cell guard band 604 if both RB sets on either side of the intra-cell guard band are allocated to the UE ). Sundberg and Sun both relate to resource allocation. Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the present application to incorporate the high capacity capability determination as taught by Sun into the teachings of Sundberg. The motivation to do so would be to allow for an efficient allocation by take the exact processing capability of the UE into account. In regards to claim 10, Sundberg teaches the resource block capability as shown above with respect to the parent claim. However, Sundberg fails to teach, wherein the capability information comprises a resource block difference, the resource block difference is used for determining the maximum number of transmission resource blocks of the terminal device in conjunction with an initial maximum number of transmission resource blocks corresponding to a channel bandwidth and subcarrier spacing used by the terminal device. Sun however teaches, wherein the capability information comprises a resource block difference (see paragraph 75; in some cases, a UE may also receive transmissions within the intra-cell guard band 604 if the UE is a high-capability UE), the resource block difference is used for determining the maximum number of transmission resource blocks of the terminal device in conjunction with an initial maximum number of transmission resource blocks corresponding to a channel bandwidth and subcarrier spacing used by the terminal device (see paragraph 75; FIG. 6, is composed of ten equally spaced RBs 602 within a 20 MHz frequency bandwidth (e.g., RB set) for 15 KHz sub-carrier spacing. In certain aspects, for RBs that belong to an assigned set of interlaces but that fall in an intra-cell guard band, such RBs will be assigned only if the RB sets on both sides are assigned. Further, in some cases a wireless device, such as a UE, may transmit in the intra-cell guard band 604 if both RB sets on either side of the intra-cell guard band are allocated to the UE ). Sundberg and Sun both relate to resource allocation. Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the present application to incorporate the high capacity capability determination as taught by Sun into the teachings of Sundberg. The motivation to do so would be to allow for an efficient allocation by take the exact processing capability of the UE into account. In regards to claim 11, Sundberg teaches all the limitations of the parent claims as stated above. Sundberg however fails to teach, wherein the capability information comprises an indication field of whether a capability is a high capability. Sun however teaches, wherein the capability information comprises an indication field of whether a capability is a high capability (see paragraph 75; in some cases, a UE may also receive transmissions within the intra-cell guard band 604 if the UE is a high-capability UE). Sundberg and Sun both relate to resource allocation. Therefore, it would have been obvious for one of the ordinary skill in the art before the effective filing date of the present application to incorporate the high capacity capability determination as taught by Sun into the teachings of Sundberg. The motivation to do so would be to allow for an efficient allocation by take the exact processing capability of the UE into account. Relevant Prior Art Prior art Jiang et al. (US Publication 2022/0394741 A1) teaches, UE indication for capability of transmission in intra-cell guard band (see paragraphs 340-341). Prior art Khoryaev et al. (EP 3454497 B1) teaches in figure 10, a flow chart schematically illustrating a method of determining a resource block grid structure to provide both nesting of different subcarrier spacings and to preserve at least a minimum guard band for each subcarrier spacing, frequency range and channel bandwidth. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY P PATEL whose telephone number is (571)272-3086. The examiner can normally be reached M-F 9:30-6. 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, Faruk Hamza can be reached at 571-272-7969. 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. /JAY P PATEL/Primary Examiner, Art Unit 2466
Read full office action

Prosecution Timeline

Dec 21, 2023
Application Filed
Jan 16, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
84%
Grant Probability
90%
With Interview (+5.4%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 920 resolved cases by this examiner. Grant probability derived from career allow rate.

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