Prosecution Insights
Last updated: August 18, 2026
Application No. 18/574,280

DATA TRANSMISSION METHOD AND APPARATUS, AND DEVICE

Final Rejection §103
Filed
Dec 26, 2023
Priority
Jun 30, 2021 — nonprovisional of PCTCN2021103547
Examiner
OLUBODUN, AYODELE LAWRENCE
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
2 (Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
26 granted / 29 resolved
+31.7% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
24 currently pending
Career history
54
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
60.1%
+20.1% vs TC avg
§102
32.9%
-7.1% vs TC avg
§112
4.7%
-35.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 29 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/04/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Amendment This office action is in reply to Applicant’s Response dated 06/04/2026. Claims 1, 11 and 22 were amended. Claims 6, 13, 16, 20-21 and 23 have been cancelled. Claims 1-5, 7-12, 14-15, 17-19, 22 and 24 remains pending in the application. Response to Arguments The applicant argues (see Page 8 line 12) that “Yan is directed to Narrowband Internet of Things (NB-IoT) systems, not 5G NR. Yan is limited to NB-IoT, which operates with a bandwidth of 200 kHz in GSM refarming spectrum, LTE guard bands, or in-band LTE resource blocks.” Examiner responds that NB-IoT can operate on 5G New Radio. ( See 3GPP TR 37.824 V0.2.0 (2019-10) page 8 section 5.1.1 - When it comes to NB-IoT co-existence with NR, depend on the utilized spectrum for NB-IoT operations, 3 system scenarios should be considered, - NB-IoT operation in NR in-band: NB-IoT is operating in-band when it is located within a NR transmission bandwidth configuration plus 15 kHz at each edge but not within the NR minimum guard band GBChannel. - NB-IoT operation in NR guard band: NB-IoT is operating in guard band when it is located within a NR BS channel bandwidth but is not NB-IoT In-band operation.) The applicant argues (see Page 8 line 15) that “Yan does not mention 5G NR frequency ranges FR1 or FR2. See Yan [0002]-[0004] (defining NB-IoT terminology); I [0072] (describing NB-IoT operation modes in LTE context). Therefore, Yan fails to disclose "the serving cell is configured with an anchor carrier and the non-anchor carrier, wherein the anchor carrier is a frequency range 1 (FR1) carrier, and the non-anchor carrier is a frequency range 2 (FR2) carrier.” Examiner is using another new reference (Xue USPGPub 2023/0232418) to teach the FR1 anchor and FR2 non-anchor frequency range amendment. Examiner is using other new reference (Zhang USPGPub 2010/0238857) to teach the idle mode camping and timing information that the applicant mentioned in the amendment and argument. 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. In 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. 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 1, 11, 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (U.S. PGPUB 2010/0238857), Zhang hereinafter, in view of Xue et al (U.S. PGPUB 2023/0232418), Xue hereinafter. Regarding Claim 1, Zhang teaches a data transmission method, performed by a terminal, comprising: determining, a location of a non-anchor carrier of a serving cell in a frequency band, wherein the serving cell is configured with an anchor carrier and the non-anchor carrier, ([0037] ... System 100 is a multi-carrier communication system wherein more than one carrier is utilized by the Node B 102 to communicate with the UE 104. Each of the downlink carriers 106.sub.A-C is paired with a corresponding uplink carrier 108.sub.A-C. Although a one-to-one correspondence between the downlink and uplink carriers is illustrated, ... These carriers can comprise, anchor carriers, non-anchor carriers etc. Anchor carriers facilitate communication of SI (system information) for UEs in both connected mode and idle mode. Non-anchor carriers support only UEs in connected mode and hence do not transmit System Information (SI) etc. ... [0048] FIG. 7 is a flow chart 700 detailing parallel processing that occurs at a Node B due to the synchronization of non-anchor uplink carriers with the corresponding anchor carriers. A Node B can propagate a plurality of anchor carriers in order to service a plurality of UEs within its cell. While one anchor carrier can be used to service a plurality of UEs, each UE utilizes only a single anchor carrier for receiving SI. Therefore, other non-anchor uplink transmissions from a UE are synchronized with the anchor carrier as detailed supra. This aspect also facilitates parallel processing of carriers from various UEs within a cell as the transmissions from the UEs are synchronized with the corresponding anchor carriers. The flow chart 700 begins at 702 wherein various transmissions are received from different UEs. These transmissions can comprise both anchor and non-anchor carriers in accordance with an aspect. Therefore, the transmissions received from various UEs are resolved to identify anchor carriers and their corresponding non-anchor carriers as shown at 704 ...) receiving timing information on the anchor carrier, wherein the timing information indicates a timing mapping relation between the non-anchor carrier and the anchor carrier; wherein the terminal resides on the anchor carrier when the terminal is in an idle state; ([0037] ... Each of the downlink carriers 106.sub.A-C is paired with a corresponding uplink carrier 108.sub.A-C. Although a one-to-one correspondence between the downlink and uplink carriers is illustrated, it can be appreciated that this is not necessary. ... These carriers can comprise, anchor carriers, non-anchor carriers etc. Anchor carriers facilitate communication of SI (system information) for UEs in both connected mode and idle mode ... [0046] … As mentioned supra, the transmit timing of the non-anchor carriers is computed based on transmissions from the Node B or the transmit timing of the uplink anchor carrier. In particular, a phase relationship can be determined between the various carriers based on the anchor carrier transmit timing. For example, the anchor and non-anchor carriers can be configured such that they maintain a particular phase relationship with each other based on the transmit timing of the anchor carrier or a combination of transmit timings of the uplink anchor carrier and one or more non-anchor carriers. … ) and performing data transmission using the non-anchor carrier according to the timing information ([0037] … System 100 is a multi-carrier communication system wherein more than one carrier is utilized by the Node B 102 to communicate with the UE 104. ... Non-anchor carriers support only UEs in connected mode and hence do not transmit System Information (SI) etc. …) Yet, Zhang does not expressly teach wherein the anchor carrier is a frequency range 1 (FR1) carrier, and the non-anchor carrier is a frequency range 2 (FR2) carrier. However, in the analogous art, Xue explicitly discloses wherein the anchor carrier is a frequency range 1 (FR1) carrier, and the non-anchor carrier is a frequency range 2 (FR2) carrier; ([0060] The PCC 265 and the SCC 266 may be in any suitable frequency range (e.g., FR1 and/or FR2). The PCC 265 may be referred to as an anchor CC and the SCC 266 is referred to as a non-anchor CC …) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Zhang’s Carrier timing for wireless communications systems to include Xue’s Anchor frequency range FR1 and non-anchor FR2 to achieve implementation of the radio system on FR1 and FR2 frequency bands. Regarding Claim 11, Zhang teaches a data transmission method, performed by a network device, comprising: indicating a location of a non-anchor carrier of a serving cell of a terminal in a frequency band, wherein the serving cell is configured with an anchor carrier and the non-anchor carrier, ([0037] ... System 100 is a multi-carrier communication system wherein more than one carrier is utilized by the Node B 102 to communicate with the UE 104. Each of the downlink carriers 106.sub.A-C is paired with a corresponding uplink carrier 108.sub.A-C. Although a one-to-one correspondence between the downlink and uplink carriers is illustrated, ... These carriers can comprise, anchor carriers, non-anchor carriers etc. Anchor carriers facilitate communication of SI (system information) for UEs in both connected mode and idle mode. Non-anchor carriers support only UEs in connected mode and hence do not transmit System Information (SI) etc. ... [0048] FIG. 7 is a flow chart 700 detailing parallel processing that occurs at a Node B due to the synchronization of non-anchor uplink carriers with the corresponding anchor carriers. A Node B can propagate a plurality of anchor carriers in order to service a plurality of UEs within its cell. While one anchor carrier can be used to service a plurality of UEs, each UE utilizes only a single anchor carrier for receiving SI. Therefore, other non-anchor uplink transmissions from a UE are synchronized with the anchor carrier as detailed supra. This aspect also facilitates parallel processing of carriers from various UEs within a cell as the transmissions from the UEs are synchronized with the corresponding anchor carriers. The flow chart 700 begins at 702 wherein various transmissions are received from different UEs. These transmissions can comprise both anchor and non-anchor carriers in accordance with an aspect. Therefore, the transmissions received from various UEs are resolved to identify anchor carriers and their corresponding non-anchor carriers as shown at 704 ...) indicating timing information on the anchor carrier, wherein the timing information indicates a timing mapping relation between the non-anchor carrier and the anchor carrier; wherein the terminal resides on the anchor carrier when the terminal is in an idle state; ([0037] ... Each of the downlink carriers 106.sub.A-C is paired with a corresponding uplink carrier 108.sub.A-C. Although a one-to-one correspondence between the downlink and uplink carriers is illustrated, it can be appreciated that this is not necessary. ... These carriers can comprise, anchor carriers, non-anchor carriers etc. Anchor carriers facilitate communication of SI (system information) for UEs in both connected mode and idle mode ... [0046] … As mentioned supra, the transmit timing of the non-anchor carriers is computed based on transmissions from the Node B or the transmit timing of the uplink anchor carrier. In particular, a phase relationship can be determined between the various carriers based on the anchor carrier transmit timing. For example, the anchor and non-anchor carriers can be configured such that they maintain a particular phase relationship with each other based on the transmit timing of the anchor carrier or a combination of transmit timings of the uplink anchor carrier and one or more non-anchor carriers. … ) and performing data transmission on the non-anchor carrier according to the timing information ([0037] … System 100 is a multi-carrier communication system wherein more than one carrier is utilized by the Node B 102 to communicate with the UE 104. ... Non-anchor carriers support only UEs in connected mode and hence do not transmit System Information (SI) etc. …) Yet, Zhang does not expressly teach wherein the anchor carrier is a frequency range 1 (FR1) carrier, and the non-anchor carrier is a frequency range 2 (FR2) carrier. However, in the analogous art, Xue explicitly discloses wherein the anchor carrier is a frequency range 1 (FR1) carrier, and the non-anchor carrier is a frequency range 2 (FR2) carrier; ([0060] The PCC 265 and the SCC 266 may be in any suitable frequency range (e.g., FR1 and/or FR2). The PCC 265 may be referred to as an anchor CC and the SCC 266 is referred to as a non-anchor CC …) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Zhang’s Carrier timing for wireless communications systems to include Xue’s Anchor frequency range FR1 and non-anchor FR2 to achieve implementation of the radio system on FR1 and FR2 frequency bands. Regarding Claim 22, Zhang teaches a terminal, comprising: an antenna; a memory; and a processor, connected to the antenna and the memory respectively, the memory storing computer readable instructions that, when executed by the processor, cause the terminal to; ([0116] … In some aspects, each network 100, BS 105 or BS 500, and UE 115 or UE 500 may perform the communicating step 1020 using one or more of a processor, memory, transceiver, antenna(e), and/or software, including, for example, the hardware and software components illustrated in FIGS. 1 and 4-5 …) determine a location of a non-anchor carrier of a serving cell in a frequency band, wherein the serving cell is configured with an anchor carrier and the non-anchor carrier, ([0037] ... System 100 is a multi-carrier communication system wherein more than one carrier is utilized by the Node B 102 to communicate with the UE 104. Each of the downlink carriers 106.sub.A-C is paired with a corresponding uplink carrier 108.sub.A-C. Although a one-to-one correspondence between the downlink and uplink carriers is illustrated, ... These carriers can comprise, anchor carriers, non-anchor carriers etc. Anchor carriers facilitate communication of SI (system information) for UEs in both connected mode and idle mode. Non-anchor carriers support only UEs in connected mode and hence do not transmit System Information (SI) etc. ... [0048] FIG. 7 is a flow chart 700 detailing parallel processing that occurs at a Node B due to the synchronization of non-anchor uplink carriers with the corresponding anchor carriers. A Node B can propagate a plurality of anchor carriers in order to service a plurality of UEs within its cell. While one anchor carrier can be used to service a plurality of UEs, each UE utilizes only a single anchor carrier for receiving SI. Therefore, other non-anchor uplink transmissions from a UE are synchronized with the anchor carrier as detailed supra. This aspect also facilitates parallel processing of carriers from various UEs within a cell as the transmissions from the UEs are synchronized with the corresponding anchor carriers. The flow chart 700 begins at 702 wherein various transmissions are received from different UEs. These transmissions can comprise both anchor and non-anchor carriers in accordance with an aspect. Therefore, the transmissions received from various UEs are resolved to identify anchor carriers and their corresponding non-anchor carriers as shown at 704 ...) indicating timing information on the anchor carrier, wherein the timing information indicates a timing mapping relation between the non-anchor carrier and the anchor carrier; wherein the terminal resides on the anchor carrier when the terminal is in an idle state; ; ([0037] ... Each of the downlink carriers 106.sub.A-C is paired with a corresponding uplink carrier 108.sub.A-C. Although a one-to-one correspondence between the downlink and uplink carriers is illustrated, it can be appreciated that this is not necessary. ... These carriers can comprise, anchor carriers, non-anchor carriers etc. Anchor carriers facilitate communication of SI (system information) for UEs in both connected mode and idle mode ... [0046] … As mentioned supra, the transmit timing of the non-anchor carriers is computed based on transmissions from the Node B or the transmit timing of the uplink anchor carrier. In particular, a phase relationship can be determined between the various carriers based on the anchor carrier transmit timing. For example, the anchor and non-anchor carriers can be configured such that they maintain a particular phase relationship with each other based on the transmit timing of the anchor carrier or a combination of transmit timings of the uplink anchor carrier and one or more non-anchor carriers. … ) and perform data transmission on the non-anchor carrier according to the timing information ([0037] … System 100 is a multi-carrier communication system wherein more than one carrier is utilized by the Node B 102 to communicate with the UE 104. ... Non-anchor carriers support only UEs in connected mode and hence do not transmit System Information (SI) etc. …) Yet, Zhang does not expressly teach wherein the anchor carrier is a frequency range 1 (FR1) carrier, and the non-anchor carrier is a frequency range 2 (FR2) carrier. However, in the analogous art, Xue explicitly discloses wherein the anchor carrier is a frequency range 1 (FR1) carrier, and the non-anchor carrier is a frequency range 2 (FR2) carrier; ([0060] The PCC 265 and the SCC 266 may be in any suitable frequency range (e.g., FR1 and/or FR2). The PCC 265 may be referred to as an anchor CC and the SCC 266 is referred to as a non-anchor CC …) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Zhang’s Carrier timing for wireless communications systems to include Xue’s Anchor frequency range FR1 and non-anchor FR2 to achieve implementation of the radio system on FR1 and FR2 frequency bands. Regarding Claim 24, Zhang in view of Xue teaches claim 11. Zhang further teaches a network device, comprising: an antenna; a memory; and a processor, connected to the antenna and the memory respectively, the memory storing computer readable instructions that, when executed by the processor, cause the network device to perform the data transmission method of claim 11 ([0116] … In some aspects, each network 100, BS 105 or BS 500, and UE 115 or UE 500 may perform the communicating step 1020 using one or more of a processor, memory, transceiver, antenna(e), and/or software, including, for example, the hardware and software components illustrated in FIGS. 1 and 4-5 …) Claims 2-4, 9, 10, 12, 14, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (U.S. PGPUB 2010/0238857), Zhang hereinafter, in view of Xue et al (U.S. PGPUB 2023/0232418), Xue hereinafter and further in view of Yan et al (U.S. PGPUB 2021/0067282), Yan hereinafter. Regarding Claim 2, Zhang in view of Xue teaches claim 1. Yet, Zhang in view of Xue does not expressly teach wherein determining the location of the non-anchor carrier of the serving cell in the frequency band comprises: receiving indication information on using the anchor carrier, wherein the indication information indicates the location of the non-anchor carrier in the frequency band or receiving a radio resource control (RRC) signaling, wherein the RRC signaling indicates the location of the non-anchor carrier in the frequency band. However, in the analogous art, Yan explicitly discloses wherein determining the location of the non-anchor carrier of the serving cell in the frequency band comprises: receiving indication information on using the anchor carrier, wherein the indication information indicates the location of the non-anchor carrier in the frequency band; (paragraphs 0065 to 0067 discloses transmition and reception of indication of frequency offset of the non-anchor carrier - [0065] ... the receiver 212 may be used to receive the broadcast signal one the anchor carrier and the system information on the non-anchor carrier, wherein the broadcast signal includes a frequency offset of the non-anchor carrier to the anchor carrier ... [0067] In various embodiments, the transmitter 310 is used to transmit a broadcast signal on an anchor carrier and transmit a system information on a non-anchor carrier, wherein the broadcast signal includes a frequency offset of the non-anchor carrier to the anchor carrier. ...) or receiving a radio resource control (RRC) signaling, wherein the RRC signaling indicates the location of the non-anchor carrier in the frequency band. (Alternative) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Zhang’s Carrier timing for wireless communications systems to include Yan’s anchor and non-anchor carrier to incorporate various feature of cellular radio system. Regarding Claim 3, Zhang in view of Xue and further in view of Yan teaches claim 2. Yan further wherein the indication information is carried by a master information block (MIB) or system information (SI) (paragraph 0073 - In different operation modes, the indications of the frequency offset of the non-anchor carrier in the NB-MIB are different.) The motivation regarding to the obviousness of claim 2 is also applied to claim 3. Regarding Claims 4 and 14, Zhang in view of Xue teaches claims 1 and 11. Yet, Zhang in view of Xue does not expressly teach wherein at least one of: a primary synchronization signal, a secondary synchronization signal, a physical broadcast channel, a physical downlink shared channel, a paging message, or a physical downlink control channel is transmitted using the anchor carrier. However, in the analogous art, Yan explicitly discloses wherein at least one of: a primary synchronization signal, a secondary synchronization signal, a physical broadcast channel, a physical downlink shared channel, a paging message, or a physical downlink control channel is transmitted using the anchor carrier. (fig. 4 shows NB-PBCH on the anchor carrier. Paragraph 0069 - The anchor carrier is the carrier carrying at least synchronization signal and broadcast signal. The remote unit is always able to identify the anchor carrier and receive signals transmitted on the anchor carrier. …) The motivation regarding to the obviousness of claim 2 is also applied to claim 4 and 14. Regarding Claims 9 and 18, Zhang in view of Xue teaches claims 1 and 11. Yet, Zhang in view of Xue does not expressly teach wherein the anchor carrier and the non-anchor carrier are new radio (NR) carriers. However, in the analogous art, Yan explicitly discloses wherein the anchor carrier and the non-anchor carrier are new radio (NR) carriers (paragraph 0054 - The base units 104 may be distributed over a geographic region. In certain embodiments, a base unit 104 may also be referred to as an access point, an access terminal, a base, a base station, a Node-B, an eNB, a gNB, a Home Node-B …). The gNB indicates that it can be new radio. The motivation regarding to the obviousness of claim 2 is also applied to claim 9 and 18. Regarding Claims 10 and 19, Zhang in view of Xue teaches claim 1 and 11. Yet, Zhang in view of Xue does not expressly teach wherein a central frequency of the anchor carrier is less than a central frequency of the non-anchor carrier. However, in the analogous art, Yan explicitly discloses wherein a central frequency of the anchor carrier is less than a central frequency of the non-anchor carrier. (paragraphs 0078 and 0088 discloses design that includes less or higher frequency for the non-anchor carrier - '[0088] In the solution indicated in the Tables 2 and 3, the frequency offset of the non-anchor carrier to the anchor carrier is represented by (1) whether the non-anchor carrier has a higher or lower frequency than the anchor carrier and (2) an absolute frequency offset value of the non-anchor carrier to the anchor carrier. On the other hand, in the solution indicated in Table 4, the frequency offset of the non-anchor carrier to the anchor carrier is represented by a relative frequency offset, which may be a positive or a negative value. ... [0083] ...The non-anchor carrier is lower than the anchor carrier by X. I.e. the center frequency of the anchor carrier—the center frequency of the non-anchor carrier=X (X is an absolute number of subcarriers (15 KHz) in this embodiment).) The motivation regarding to the obviousness of claim 2 is also applied to claim 10 and 19. Regarding Claim 12, Zhang in view of Xue teaches claim 11. Yet, Zhang in view of Xue does not expressly teach wherein indicating the location of the non-anchor carrier of the serving cell of the terminal in the frequency band comprises: sending indication information to the terminal using the anchor carrier, wherein the indication information indicates the location of the non-anchor carrier in the frequency band; or sending a radio resource control (RRC) signaling, wherein the RRC signaling indicates the location of the non-anchor carrier in the frequency band; wherein the indication information is carried by a master information block (MIB) or system information (SI). However, in the analogous art, Yan explicitly discloses wherein indicating the location of the non-anchor carrier of the serving cell of the terminal in the frequency band comprises: sending indication information to the terminal using the anchor carrier, wherein the indication information indicates the location of the non-anchor carrier in the frequency band; (paragraphs 0065 to 0067 discloses transmition and reception of indication of frequency offset of the non-anchor carrier - [0065] ... the receiver 212 may be used to receive the broadcast signal one the anchor carrier and the system information on the non-anchor carrier, wherein the broadcast signal includes a frequency offset of the non-anchor carrier to the anchor carrier ... [0067] In various embodiments, the transmitter 310 is used to transmit a broadcast signal on an anchor carrier and transmit a system information on a non-anchor carrier, wherein the broadcast signal includes a frequency offset of the non-anchor carrier to the anchor carrier. ...) or sending a radio resource control (RRC) signaling, wherein the RRC signaling indicates the location of the non-anchor carrier in the frequency band; (Alternative) wherein the indication information is carried by a master information block (MIB) or system information (SI) (paragraph 0073 - In different operation modes, the indications of the frequency offset of the non-anchor carrier in the NB-MIB are different.). The motivation regarding to the obviousness of claim 2 is also applied to claim 12. Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (U.S. PGPUB 2010/0238857), Zhang hereinafter, in view of Xue et al (U.S. PGPUB 2023/0232418), Xue hereinafter and further in view of Pant et al. (U.S. PGPUB ), Pant hereinafter. Regarding Claim 5, Zhang in view of Xue teaches claim 1. Yet, Zhang in view of Xue does not expressly teach before determining the location of the non-anchor carrier of the serving cell in the frequency band, further comprising: sending capacity information to a network device, wherein the capacity information instructs the network device to configure the anchor carrier and the non-anchor carrier for the serving cell according to a maximum number of carriers supported by the terminal. However, in the analogous art, Pant explicitly discloses before determining the location of the non-anchor carrier of the serving cell in the frequency band, further comprising: sending capacity information to a network device, wherein the capacity information instructs the network device to configure the anchor carrier and the non-anchor carrier for the serving cell according to a maximum number of carriers supported by the terminal (paragraph 0111 discloses configuration of more secondary component carriers according to capability indication received from the UE – [0111] … The UE may report capability information indicating what kind of CA can be configured for the UE, such as particular band combinations supported by the UE. A band combination is a group of two or more bands on which component carriers can be configured. For example, E-UTRAN may initiate the UE capability transfer procedure described with regard to FIG. 3 in an RRC_CONNECTED state. Some wireless communication specifications may impose a limit on the number of band combinations that can be reported by the UE. Examples of limits on the number of band combinations include 128 band combinations, 256 band combinations, or 384 band combinations. In some cases, a band combination may be referred to herein as a band configuration. The number of band combinations to be reported by the UE may be indicated by a capability inquiry. …). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Zhang’s Carrier timing for wireless communications systems to include Pant 's configuration of more secondary component carriers to achieve optimum throughput based on UE capability. Regarding Claim 15, Zhang in view of Xue teaches claim 11. Yet, Zhang in view of Xue does not expressly teach before indicating the location of the non-anchor carrier of the serving cell of the terminal in the frequency band, further comprising: configuring the anchor carrier and the non-anchor carrier for the serving cell according to capacity information reported by the terminal, wherein the capacity information indicates a maximum number of carriers supported by the terminal. However, in the analogous art, Pant explicitly discloses before indicating the location of the non-anchor carrier of the serving cell of the terminal in the frequency band, further comprising: configuring the anchor carrier and the non-anchor carrier for the serving cell according to capacity information reported by the terminal, wherein the capacity information indicates a maximum number of carriers supported by the terminal (paragraph 0111 discloses configuration of more secondary component carriers according to capability indication received from the UE – [0111] … The UE may report capability information indicating what kind of CA can be configured for the UE, such as particular band combinations supported by the UE. A band combination is a group of two or more bands on which component carriers can be configured. For example, E-UTRAN may initiate the UE capability transfer procedure described with regard to FIG. 3 in an RRC_CONNECTED state. Some wireless communication specifications may impose a limit on the number of band combinations that can be reported by the UE. Examples of limits on the number of band combinations include 128 band combinations, 256 band combinations, or 384 band combinations. In some cases, a band combination may be referred to herein as a band configuration. The number of band combinations to be reported by the UE may be indicated by a capability inquiry. …). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Zhang’s Carrier timing for wireless communications systems to include Pant 's configuration of more secondary component carriers to achieve optimum throughput based on UE capability. Claims 7, 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (U.S. PGPUB 2010/0238857), Zhang hereinafter, in view of Xue et al (U.S. PGPUB 2023/0232418), Xue hereinafter and further in view of Rico et al. (U.S. PGPUB 2020/0029256), Rico hereinafter. Regarding Claims 7 and 17, Zhang in view of Xue teaches claim 1 and 11. Yet, Zhang in view of Xue does not expressly teach wherein performing the data transmission on the non-anchor carrier comprises one of: performing, random access on the non-anchor carrier, receiving a paging message on the non-anchor carrier, or receiving downlink data on the non-anchor carrier. However, in the analogous art, Rico explicitly discloses wherein performing the data transmission on the non-anchor carrier comprises one of: performing, random access on the non-anchor carrier, receiving a paging message on the non-anchor carrier, or receiving downlink data on the non-anchor carrier (paragraph 0028 - FIG. 3 is a diagram illustrating an example of RRM for paging in a non-anchor carrier, in accordance with various aspects of the present disclosure. ... ). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to combine Zhang’s Carrier timing for wireless communications systems to include Rico 's paging on non-anchor carrier to add more paging capacity and diversity. Regarding Claim 8, Zhang in view of Xue teaches claim 1. Yet, Zhang in view of Xue does not expressly teach further comprising: performing at least one of, radio resource management measurement, radio link monitoring measurement or beam management measurement using the non-anchor carrier. However, in the analogous art, Rico explicitly discloses further comprising: performing at least one of, radio resource management measurement, radio link monitoring measurement or beam management measurement using the non-anchor carrier (paragraph 0064 - In some aspects, UE 120 may include means for receiving information indicating whether measurement is permitted on a non-anchor carrier; means for selectively performing a measurement on at least one of the non-anchor carrier). The motivation regarding to the obviousness of claims 7 and 17 is also applied to claim 8. 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 LAWRENCE AYODELE OLUBODUN whose telephone number is (571)270-5462. The examiner can normally be reached 8.00am - 5pm. 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, Nicholas A. Jensen can be reached at 571-270-5443. 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. /A.L.O./Examiner, Art Unit 2472 /NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
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Prosecution Timeline

Dec 26, 2023
Application Filed
Mar 05, 2026
Non-Final Rejection mailed — §103
Jun 04, 2026
Response Filed
Jul 01, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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TERMINAL, RADIO COMMUNICATION METHOD, AND BASE STATION
3y 4m to grant Granted Aug 11, 2026
Patent 12701445
METHOD AND DEVICE FOR PREVENTING FALSE PMI REPORT IN WIRELESS COMMUNICATION SYSTEM
3y 4m to grant Granted Aug 04, 2026
Patent 12696151
NETWORK NODES, AND METHODS PERFORMED IN A WIRELESS COMMUNICATION NETWORK
3y 5m to grant Granted Jul 28, 2026
Patent 12683728
DATA TRANSMISSION METHOD AND APPARATUS, COMMUNICATION DEVICE AND STORAGE MEDIUM
3y 5m to grant Granted Jul 14, 2026
Patent 12677303
5G MULTICAST-BROADCAST SERVICES (MBS) SCHEDULING AND BEARER MANAGEMENT
3y 5m to grant Granted Jul 07, 2026
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
90%
Grant Probability
99%
With Interview (+16.7%)
2y 11m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 29 resolved cases by this examiner. Grant probability derived from career allowance rate.

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