Prosecution Insights
Last updated: July 17, 2026
Application No. 18/573,977

BWP INDICATION METHOD AND APPARATUS, COMMUNICATION DEVICE, AND STORAGE MEDIUM

Final Rejection §103
Filed
Dec 22, 2023
Priority
Jun 25, 2021 — nonprovisional of PCTCN2021102491
Examiner
DEAN, JR, JOSEPH E
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
2 (Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
661 granted / 760 resolved
+25.0% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
20 currently pending
Career history
783
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
69.5%
+29.5% vs TC avg
§102
12.5%
-27.5% vs TC avg
§112
4.6%
-35.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 760 resolved cases

Office Action

§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 . Applicant amended claims 1, 5, 6, 11, 15, 20, 57. Applicant added claims 59-63. Applicant cancelled claims 3, 4, 9, 10, 17-19, 21-25, 27-56 and 58. Status of claims: Claims 1, 2, 5-8, 11-16, 20, 26, 57 and 59-63 are pending. Response to Arguments Applicant’s arguments with respect to claim(s) 1, 2, 5-8, 11-16, 20, 26, 57 and 59-63 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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. 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 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. Claim(s) 1, 2, 5-8, 11-16, 20, 26, 57 and 59-63 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US20210119744) (hereinafter Wang) in view of Cirik (US20200314889) (hereinafter Cirik). Per claim 1, Wang disclose a method for indicating a bandwidth part, performed by a network device (paragraph 0080, the network device may configure a frequency domain resource of a BWP bundle by using the third information [configuration information, examiner interprets the preamble as a part of two part form of the claim]), and comprising: sending bandwidth part (BWP) indication information, wherein the BWP indication information indicates information of a BWP comprised in an associated frequency band associated with the BWP indication information (paragraph 0080-0082, i.e. the network device may configure a frequency domain resource of a BWP bundle by using the third information [configuration information], and the third information may include an identifier of the BWP bundle and a parameter of a BWP included in the BWP bundle, In this manner, when the status of the terminal device is the first state, if the identifier of the first frequency domain resource is the BWP 0 [or the BWP 1], the terminal device may determine, based on the identifier of the first frequency domain resource, that the second frequency domain resource is the BWP bundle 0)but fails to explicitly disclose wherein a plurality of frequency bands exist, and the plurality of frequency bands comprise: an initial frequency band, wherein the initial frequency band is a frequency band comprising an initial BWP: and a non-initial frequency band, wherein the non-initial frequency band is a frequency band other than the initial frequency band; wherein the initial BWP is a BWP employed by a UE for initial access; wherein, values are assigned to BWP IDs of respective BWPs in the initial frequency band from a first value, the first value is a value of the BWP ID of the initial BWP: and values are assigned to BWP IDs of respective BWPs in the non-initial frequency band from a second value, the second value is different from the first value; wherein one of indication fields in the BWP indication information is configured to indicate one frequency band index, or one of indication fields in the BWP indication information is configured to indicate a plurality of frequency band indexes. In an analogous field of endeavor, wherein Cirik discloses a plurality of frequency bands exist (0520, i.e. a plurality of BWPs), and the plurality of frequency bands comprise: an initial frequency band, wherein the initial frequency band is a frequency band comprising an initial BWP (paragraph 0532 and 0533, , I.e. wireless device may receive configuration parameters of a set of at most N [e.g., N=4] bandwidth parts [BWPs], for receptions by the UE [e.g., DL BWP set] in the serving cell, in a DL bandwidth by parameter BWP-Downlink and a set of at most M [e.g., M=4)]BWPs for transmissions by the UE [e.g., UL BWP set]in an UL bandwidth by parameter BWP-Uplink and the initial active DL BWP may be provided by initialDownlinkBWP. For operation on the primary cell or on a secondary cell, a UE may be provided an initial active UL BWP by initialuplinkBWP. If the UE is configured with a supplementary UL carrier, the UE may be provided an initial active UL BWP on the supplementary UL carrier by initialUplinkBWP in supplementaryUplink.)and a non-initial frequency band, wherein the non-initial frequency band is a frequency band other than the initial frequency band (paragraph 0266, i.e. BWP2 (1020 and 1040) with a width of 10 MHz and subcarrier spacing of 15 kHz; BWP3 1030 with a width of 20 MHz and subcarrier spacing of 60 kHz.); wherein the initial BWP is a BWP employed by a UE for initial access (paragraph 0520, i.e. the BWP switching may be controlled by a PDCCH indicating a downlink assignment or an uplink grant, by the bwp-InactivityTimer, by RRC signalling, or by the MAC entity upon initiation of Random Access procedure. In an example, upon RRC (re-)configuration of firstActiveDownlinkBWP-Id and/or firstActiveUplinkBWP-Id for SpCell or activation of an SCell, the DL BWP and/or UL BWP indicated by firstActiveDownlinkBWP-Id and/or firstActiveUplinkBWP-Id respectively may be active without receiving PDCCH indicating a downlink assignment or an uplink grant); wherein, values are assigned to BWP IDs of respective BWPs in the initial frequency band from a first value, the first value is a value of the BWP ID of the initial BWP): and values are assigned to BWP IDs of respective BWPs in the non-initial frequency band from a second value (paragraph 0588 , Fig 23, In an example, Ci corresponds to cell i [e.g., a cell with serving cell index i], Bi,j corresponds to BWP j [e.g., a BWP with BWP ID j] in cell i and Si,j,k corresponds to sub-band k [e.g., a sub-band with sub-band ID k] of BWP j in cell i. i.e. S 1, 1, 2, examiner interprets in Fig 23, as being different from s1, 1, 1 , where s1, 1, 2 is interpreted as non-initial frequency band) , the second value is different from the first value (paragraph 0588 as described previously); wherein one of indication fields in the BWP indication information is configured to indicate one frequency band index (paragraph 0588, Fig 23, i.e. B1, 1[ Bi,j corresponds to BWP j (e.g., a BWP with BWP ID j) of many, such as B1, 2 or B1, m), or one of indication fields in the BWP indication information is configured to indicate a plurality of frequency band indexes. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Cirik into the invention of Wang, where Wang provides receiving first information by a terminal device, where the first information indicates an identifier of a first frequency domain resource, and the first frequency domain resource is contiguous in frequency domain. When a status of the terminal device is a first state, the terminal device with a network device on a second frequency domain resource based on the first information, where the second frequency domain resource includes a plurality of segments of contiguous frequency domain resources and Cirik provides wireless device receives one or more messages comprising configuration parameters indicating a plurality of configured grant configurations for one or more bandwidth parts (BWPs) of a cell. A downlink control information is received. The downlink control information indicates activation or release of a first configured grant configuration, among the plurality of configured grant configurations, for a first BWP of the one or more BWPs in order to provide a better quality of service which improve network performance by enhancing the legacy transmission processes based on configured grants where the plurality of configured grant configurations may comprise a first configured grant configuration and a second configured grant configuration, see Cirik, paragraphs 0520, 0612 and 0613). Per claim 2, the combination discloses the method of claim 1, wherein Wang discloses the BWP indication information further indicates frequency band information of the frequency band associated with the BWP indication information (paragraph 0095, i.e. BWP 0 with a subcarrier spacing of 15 kHz ). Per claim 5, the combination discloses the method of claim 1, wherein Cirik discloses a BWP identification (ID) of the initial BWP is different from a BWP ID of any BWP other than the initial BWP in a cell (same rationale as explained in claim 1, see paragraph 0588, Fig 23, i.e. B1, 1[ Bi,j corresponds to BWP j [e.g., a BWP with BWP ID j] of many, such as B1, 2 or B1, m). Per claim 6, the combination discloses the method of claim 1, wherein Cirik discloses the BWP indication information comprises: a first type of BWP index, wherein the first type of BWP index comprises a BWP ID obtained by uniformly numbering all BWPs in a cell (paragraph 0588, i.e. Fig 23, i.e. in c1, uniformly as B1 for BWP ID, refer to claim 1 rationale) ; or a second type of BWP index, wherein the second type of BWP index at least comprises a frequency band index and a BWP ID obtained by numbering BWPs comprised in a frequency band indicated by the frequency band index. Per claim 7, refer to the same rationale as explained claim 1,see Cirik, paragraph 0588, the confirmation MAC CE in FIG. 23 has a fixed size. In an example, Ci corresponds to cell i (e.g., a cell with serving cell index i), Bi,j corresponds to BWP j (e.g., a BWP with BWP ID j) in cell i and Si,j,k corresponds to sub-band k (e.g., a sub-band with sub-band ID k) of BWP j in cell I, B1, 1[ Bi,j corresponds to BWP j [e.g., a BWP with BWP ID j] of many, such as B1, 2 or B1, m. Per claim 8, refer to the same rationale as explained claim 7, see Cirik, paragraph 0588, Bi,j corresponds to BWP j (e.g., a BWP with BWP ID j) in cell i and Si,j,k corresponds to sub-band k (e.g., a sub-band with sub-band ID k) of BWP j in cell I, B1, 1[ Bi,j corresponds to BWP j [e.g., a BWP with BWP ID j] of many, such as B1, 2. Per claim 11, the combination disclose the method of claim 1, wherein Cirik discloses in a case that one indication field is configured to indicate the plurality of frequency band indexes, different bit values of the one indication field indicate indexes of different sets of frequency bands In an example, the one or more messages may indicate the identifier of the sub-band. In an example, the confirmation may comprise a bitmap, a bit in the bitmap corresponding to a sub-band in a plurality of sub-bands. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Cirik into the invention of Wang provide a better quality of service which improve network performance by enhancing the legacy transmission processes based on configured grants where the plurality of configured grant configurations may comprise a first configured grant configuration and a second configured grant configuration, see Cirik, paragraphs 0582, 0612 and 0613). Per claim 12, the combination discloses the method of claim 1, wherein Cirik discloses the information of the BWP comprises: a BWP index; one of indication fields in the BWP indication information is configured to indicate one BWP index (paragraph 0588, Fig 23, Bi,j corresponds to BWP j (e.g., a BWP with BWP ID j) in cell i and Bi,j also have a value of ‘1’, similar to claim 6 rationale) or one of indication fields in the BWP indication information is configured to indicate a plurality of BWP indexes. Per claim 13, the combination discloses the method of claim 12, wherein Cirik discloses in a case that one indication field is configured to indicate the plurality of BWP indexes, different bit values of the one indication field indicate indexes of different sets of BWPs (paragraph 0271, i.e. For example, for a DL BWP or an UL BWP in a set of one or more DL BWPs or one or more UL BWPs, respectively, a base station may semi-statistically configure a UE for a cell with one or more parameters indicating at least one of following: a subcarrier spacing; a cyclic prefix; a number of contiguous PRBs; an index in the set of one or more DL BWPs and/or one or more UL BWPs; a link between a DL BWP and an UL BWP from a set of configured DL BWPs and UL BWPs and paragraph 0274, i.e. if a DCI comprises a BWP indicator field, a BWP indicator field value may indicate an active DL BWP, from a configured DL BWP set, for one or more DL receptions. If a DCI comprises a BWP indicator field, a BWP indicator field value may indicate an active UL BWP, from a configured UL BWP set, for one or more UL transmissions. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Cirik into the invention of Wang provide a better quality of service which improve network performance by enhancing the legacy transmission processes based on configured grants where the plurality of configured grant configurations may comprise a first configured grant configuration and a second configured grant configuration, which includes BWP index of an active UL/DL BWP of one or more UL/DL BWP’s in a set see Cirik, paragraphs 0271, 0274, 0612 and 0613). Per claim 14, refer to the same rationale as explained in claim 12, however sending the BWP indication, see paragraph 0274, sending BWP indication via DCI. Per claim 15, refer to the same rationale as explained in claim 1. Per claim 16, refer to the same rationale as explained in claim 2. Per claim 20, refer to the same rationale as explained in claim 6. Per claim 26, refer to the same rationale as explained in claim 12. Per claim 57, refer to the same rationale as explained in claim 1. Per claim 59, the combination discloses the method of claim 1, wherein the frequency band is a frequency band associated with a cell (paragraph 0588, Fig 23, i.e. the confirmation MAC CE in FIG. 23 has a fixed size. In an example, Ci corresponds to cell i (e.g., a cell with serving cell index i), Bi,j corresponds to BWP j (e.g., a BWP with BWP ID j) in cell i and Si,j,k corresponds to sub-band k (e.g., a sub-band with sub-band ID k) of BWP j in cell i. or a frequency band associated with the UE. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Cirik into the invention of Wang provide a better quality of service which improve network performance by enhancing the legacy transmission processes based on configured grants where the plurality of configured grant configurations may comprise a first configured grant configuration and a second configured grant configuration which includes frequency or sub-band indication as relates to a cell, see Cirik, paragraphs 0588, 0612 and 0613). Per claim 60, the combination discloses the method of claim 1, wherein Cirik discloses the plurality of frequency bands are continuous frequency bands; or the plurality of frequency bands are discontinuous frequency bands (paragraph 0319, i.e. functions that may need to be supported by one or more signals for LAA operation with discontinuous downlink transmission may include one or more of the following: detection of the LAA downlink transmission (including cell identification) by UEs; time & frequency synchronization of UEs). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Cirik into the invention of Wang provide a better quality of service which improve network performance by enhancing the legacy transmission processes based on configured grants where the plurality of configured grant configurations may comprise a first configured grant configuration and a second configured grant configuration which includes downlink discontinuous frequency which detect thresholds levels to determine if a channel is occupied of clear for access., see paragraph 0318 , 0319, 0612 and 0613. Per claim 61, the combination discloses the method of claim 1, wherein Cirik discloses the initial BWP is a default BWP of the UE that implements a BWP automatic fallback function (paragraph 0550, i.e. For a serving cell, a UE may be provided by defaultDownlinkBWP-Id a default DL BWP among the configured DL BWPs. If a UE is not provided a default DL BWP by defaultDownlinkBWP-Id, the default DL BWP may be the initial active DL BWP). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the teachings of Cirik into the invention of Wang provide a better quality of service which improve network performance by enhancing the legacy transmission processes based on configured grants where the plurality of configured grant configurations may comprise a first configured grant configuration and a second configured grant configuration which includes default DL as the initial active DL/ BWP for maintaining performance by switching from initial DL BWP to another DL BWP in some cases when timers expire , see Cirik, paragraphs 0529,0550, 0612 and 0613). Per claim 62, refer to the same rationale as explained in claim 61, refer to paragraphs 0265 and 0266, i.e. configured by a UE employing a BA may not be large. For example, a receive and/or transmit bandwidths may not be as large as a bandwidth of a cell. Receive and/or transmit bandwidths may be adjustable. For example, a UE may change receive and/or transmit bandwidths, e.g., to shrink during period of low activity to save power. For example, a UE may change a location of receive and/or transmit bandwidths in a frequency domain, e.g. to increase scheduling flexibility. For example, a UE may change a subcarrier spacing, e.g. to allow different services. A base station may indicate, to a UE, which of the one or more (configured) BWPs is an active BWP. Of three BWPs configured: BWP1 (1010 and 1050) with a width of 40 MHz and subcarrier spacing of 15 kHz; BWP2 (1020 and 1040) with a width of 10 MHz and subcarrier spacing of 15 kHz; BWP3 1030 with a width of 20 MHz and subcarrier spacing of 60 kHz., examiner interprets with the flexibility adjustable bandwidths it could be higher first BWP or lower second BWP or vice versa. Per claim 63, refer to the same rationale as explained in claim 62. 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 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 JOSEPH E DEAN, JR whose telephone number is (571)270-7116. The examiner can normally be reached Mon-Fri 7:30-3:30. 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, Alison Slater can be reached at 571-270-0375. 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. /JOSEPH E DEAN, JR/Primary Examiner, Art Unit 2647
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Prosecution Timeline

Dec 22, 2023
Application Filed
Dec 13, 2025
Non-Final Rejection (signed) — §103
Jan 14, 2026
Non-Final Rejection mailed — §103
Apr 08, 2026
Response Filed
Jun 17, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
87%
Grant Probability
96%
With Interview (+8.8%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 760 resolved cases by this examiner. Grant probability derived from career allowance rate.

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