Prosecution Insights
Last updated: August 18, 2026
Application No. 18/576,063

SYSTEMS AND METHODS FOR ADAPTIVE TRANSMIT SIGNAL QUALITY

Non-Final OA §102
Filed
Jan 02, 2024
Priority
Jul 02, 2021 — provisional 63/217,810 +1 more
Examiner
BOKHARI, SYED M
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
2 (Non-Final)
83%
Grant Probability
Favorable
2-3
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
710 granted / 858 resolved
+24.8% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
18 currently pending
Career history
879
Total Applications
across all art units

Statute-Specific Performance

§101
8.0%
-32.0% vs TC avg
§103
75.6%
+35.6% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
4.5%
-35.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 858 resolved cases

Office Action

§102
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In the event the determination of the status of the application as subject to AIA 35U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, anycorrection of the statutory basis for the rejection will not be considered a new ground ofrejection if the prior art relied upon, and the rationale supporting the rejection, would bethe same under either status. Response to Amendment The proposed reply filed on April 9th, 2026 has been entered. Claims 1-19 and 30 are pending in the application. Claim Rejections - 35 USC § 102 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 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) 1-6, 10-19 and 30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mukkavilli et al. (US 2020/0374804 A1). Regarding claim 1, Mukkavilli et al. teach a method by a transmitting node for adapting a transmission mode based on a capability of a receiving node (Fig. 2, [0096, 0098-0099], base station 105-a and UE 115-a may be in communication. UE 115-a may send uplink transmissions 205 to base station 105-a, and base station 105-a may send downlink transmissions 210 to UE 115-a. The UE 115-a and base station 105-b may support three or more transmission efficiency modes (e.g., normal, medium, and high efficiency), and the concepts described herein may be extended to such cases. Base station 105-b may schedule UE 115-a via downlink transmission 210 to send subsequent uplink transmissions 205 based on the received UE transmission efficiency capability report. Fig. 3 illustrates an example of an operating mode 300 that supports high efficiency transmission mode signaling in accordance with aspects of the present disclosure. In some examples, operating mode 300 may implement aspects of wireless communication system 100. A UE 115 may be configured to communicate with a base station 105 via one or more frequency ranges 305), Mukkavilli et al. teach the method comprising: obtaining information indicating a capability of the receiving node to receive signals having a certain level of distortion (Fig. 2, [0005, 0007, 0099], the capabilities associated with the emissions may include different adjacent channel leakage ratio (ACLR) requirements that provide a limit on power leaking for uplink transmissions from the UE to adjacent frequencies and channels.). The method may include transmitting, to a base station, an indication of a capability of the UE to operate according to the first transmission efficiency operating mode and the second transmission efficiency operating mode and transmitting to the base station according to the first transmission efficiency operating mode or the second transmission efficiency operating mode based on the transmitted indication of the capability. The UE 115 may be subject to one or more limitations regarding adjacent channel leakage emissions. For instance, UE 115 may select a transmit power according to an adjacent channel leakage ratio (ACLR) limit, an error vector magnitude (EVM), or the like), Mukkavilli et al. teach and transmitting a signal to the receiving node, the signal transmitted using a transmission mode selected based on the capability of the receiving node (Fig. 2, [0005-006], the UE may transmit, to a base station, an indication of a capability of the UE to operate according to both transmission efficiency operating modes and then may transmit an uplink message according to the first transmission efficiency operating mode or the second transmission efficiency operating mode based on the indication. The base station may determine which operating mode the UE is to use and transmit an indication of this determination to the UE, where the UE then transmits the uplink message according to the determined operating mode). Regarding claim 2, Mukkavilli et al. teach wherein transmitting the signal based on the capability of the receiving node comprises selecting the transmission mode from a plurality of modes, wherein each of the plurality of transmission modes is associated with a respective one of a plurality of distortion levels (Fig. 6, [0113-0114], power efficiency information (e.g., for different transmission efficiency operating modes) may be predefined at UE 115-b and base station 105-b. In some examples, the capabilities report may include relaxation information (e.g., ACLR, EVM, or the like) for high transmission efficiency operating mode relative to a standard transmission efficiency operating mode. At 605, UE 115-a may transmit, to base station 105-b, a capabilities report. The capabilities report may include an indication of a capability of the UE 115-a to operate according to the standard transmission efficiency operating mode and the high transmission efficiency operating mode. In some examples, the indication of the capability may be an index corresponding to an entry in a table (e.g., a lookup table) providing UE categories or efficiency modes. For example a first entry indicated by a first index may correspond to the UE's capability to operate according to the high efficiency transmission operation mode). Regarding claim 3, Mukkavilli et al. teach wherein each mode of the plurality of modes is associated with a at least one transmitter setting that effects a respective level of distortion inserted into transmitted signals (Fig. 6, [0113], Power efficiency of operating modes may or may not be specified. In some examples, capabilities reports may include power efficiency information. In some examples, power efficiency information (e.g., for different transmission efficiency operating modes) may be predefined at UE 115-b and base station 105-b. In some examples, the capabilities report may include relaxation information (e.g., ACLR, EVM, or the like) for high transmission efficiency operating mode relative to a standard transmission efficiency operating mode. In some examples, UE 115-b and base station 105-b may identify (e.g., based on standardized predefined information) what relaxation information (e.g., how relaxed ACLR requirements, EVM requirements, or other requirements are) corresponds to each transmission efficiency operating mode). Regarding claim 4, Mukkavilli et al. teach wherein the at least one transmitter setting comprises at least one of: an operating point of a power amplifier; a transmission power level; a maximum power reduction (MPR};a modulation and coding (MCS) scheme; and training sample or data (Fig. 2, [0091], wireless communications system 100 may include different types of UEs 115 with different power requirements that can benefit from the high transmission efficiency (e.g., using an uplink sub-band high efficiency transmitter (SETI)). For example, the UEs 115 may include wearable designs (e.g., a smartwatch) that use lower frequencies (e.g., less than two (2) GHz), which result in smaller bandwidths (e.g., one (1) MHz bandwidth), low EVM waveforms, drive a PA of the UE 115 near P.sub.sat), linearized communications at the base station 105 reception, or a combination thereof. Additionally, the wearable designs may include power and size constraints (e.g., limiting PA classes, batteries for the UE 115, etc.), such that the high transmission efficiency could benefit operations of the wearable design. Additionally, or alternatively, smartphone designs of the UEs 115 may include uplink transmissions to meet a high MCS transmission ACLR (e.g., not EVM limits) or low bandwidth transmission range extensions (e.g., greater than 26 dBm), linearized communications at the base station 105 reception, or a combination thereof. Accordingly, the high transmission efficiency may be desirable for the smartphone design to achieve the high MCS transmission ACLR and/or low bandwidth transmission range. Additionally, the smartphone design (e.g., or a similar handset UE 115) may use higher signal strengths and amplifiers (e.g., higher dBms) to enhance a corresponding coverage area of the UE 115, where the higher signal strengths and amplifiers benefit from the high efficiency transmission mode). Regarding claim 5, Mukkavilli et al. teach wherein at least one of: the signal transmitted using the transmission mode selected from the plurality of modes is of a lower quality than a first previously transmitted signal that was transmitted according to a different transmission mode, the signal transmitted using the transmission mode selected from the plurality of modes is of a higher quality than a second previously transmitted signal that was transmitted according to a different transmission mode, the signal transmitted using the transmission mode selected from the plurality of modes is transmitted at a lower transmit power than a third previously transmitted signal that was transmitted according to a different transmission mode, and the signal transmitted using the transmission mode selected from the plurality of modes is transmitted at a higher transmit power than a fourth previously transmitted signal that was transmitted according to a different transmission mode (Fig. 2, [0090, 0092, 0098], a UE 115 may desire to achieve higher transmission efficiency (e.g., high efficiency mode) to improve UE performance (e.g., to lower power used by the UE 115). For example, the higher transmission efficiency may allow uplink transmissions from the UE 115 (e.g., UE transmissions) with the uplink transmissions and/or a PA of the UE 115 operating at or near a saturated output power (P.sub.sat) (e.g., to achieve the higher transmission efficiency) while allowing the UE 115 to fail one or more ACLR emissions. The UE 115 may be constrained to operate in a lower PA efficiency mode even though an EVM requirement for the UE 115 is not high. The lower PA efficiency mode may ensure that the ACLR (e.g., emission limits) from the UE 115 is not impacting other UEs 115 in wireless communications system 100 and/or affecting neighboring bands of operation. However, if the UE 115 has several modes of operation (e.g., low efficiency, linear and high efficiency, non-linear, etc.), the UE 115 and the network may pick the mode of operation depending on various UE requirements. Base station 105-b may schedule UE 115-a via downlink transmission 210 to send subsequent uplink transmissions 205 based on the received UE transmission efficiency capability report). Regarding claim 6, Mukkavilli et al. teach wherein: the capability of the receiving node to receive signals associated with the certain level of distortion comprises a capability of the receiving node to receive signals of a modulation quality equal to or above a minimum modulation quality, and the transmission mode of the signal is selected based on the minimum modulation quality (Fig. 6, [0117], where a UE 115-a is capable of using a high transmission efficiency operating mode, PA parametrization may be sent for digital post distortion (dPOD). UE 115-b may use a PA to send signals using the high transmission efficiency operating mode. the PA may be modeled with polynomial or Volterra models. Coefficients of non-linear model may be sent to base station 105-b (e.g., in the capabilities report at 605) for predistortion reduction and/or mitigation. Base station 105-b may use such information at 630 to reduce interference for a high transmission efficiency operating mode signal). Regarding claim 10, Mukkavilli et al. teach wherein obtaining the information indicating a capability of the receiving node comprises at least one of: receiving at least a portion of the information from the receiving node, receiving at least a portion of the information from a node other than the receiving node, determining the capability of the receiving node based on a number of retransmissions of a previously transmitted signal sent to the receiving node, and determining the capability of the receiving node based on a feedback signal received from the receiving node (Fig. 2, [0098], UE 115-a may send an uplink transmission 205 including a UE transmission efficiency capability report, as described in greater detail with respect to FIG. 6. The transmission efficiency capability report may indicate that UE 115-a is capable of sending subsequent uplink transmissions 205 using a first transmission efficiency mode (e.g., the high transmission efficiency mode) or a second transmission efficiency mode (e.g., the standard or normal transmission efficiency mode). In some examples the UE 115-a and base station 105-b may support three or more transmission efficiency modes (e.g., normal, medium, and high efficiency), and the concepts described herein may be extended to such cases. Base station 105-b may schedule UE 115-a via downlink transmission 210 to send subsequent uplink transmissions 205 based on the received UE transmission efficiency capability report). Regarding claim 11, Mukkavilli et al. teach wherein the certain level of distortion comprises at least one of: a value of allowable error-vector-magnitude EVM); a value of allowable Adjacent Channel Leakage Ratio (ACLR ; a value of allowable Intermodulation Distortion (IMD); and a value of allowable frequency error (Fig. 6, [0120], a network may control which transmission efficiency operating mode UE 115-b uses. Base station 105-b may signal (e.g., at 615) which transmission efficiency operating mode UE 115-b should use. In such examples, at 620, UE 115-b may select its mode based on the explicit indication. ACLR and EVM may follow the selected transmission efficiency operating mode. That is, UE 115-b may send an uplink transmission at 625 according to an explicitly indicated transmission efficiency operating mode, and the ACLR, EVM, or other leakage values may correspond to the selected transmission efficiency operating mode. Base station 105-b may monitor for and receive the uplink transmission at 625 based on the explicitly indicated transmission efficiency operating mode, and may expect corresponding ACLR, EVM, or other leakage. Base station 105-b may indicate the transmission efficiency operating mode on a per scheduling grant basis, may indicate the transmission efficiency operating mode via semi-persistence with L1-signaling, via MAC CE signaling, or other downlink transmissions). Regarding claim 12, Mukkavilli et al. teach wherein: the transmitting node comprises a user equipment or other wireless device; the receiving node comprises a network node; and the signal is transmitted on an uplink from the user equipment or other wireless device to the network node (Fig. 6, [0114, 0125], At 605, UE 115-a may transmit (i.e. the user equipment is the transmitter node), to base station 105-b (i.e. the network node is the receiving node), a capabilities report. At 625, UE 115-b may transmit, to base station 105-b, according to the standard transmission efficiency operating mode or the high transmission efficiency operating mode, an uplink transmission based at least in part on the transmitted indication of the capability and the information received in downlink transmission 615). Regarding claim 13, Mukkavilli et al. teach wherein: the transmitting node comprises a network node; the receiving node comprises a user equipment or other wireless device; and the signal is transmitted on a downlink from the network node to the user equipment or other wireless device (Fig. 6, [0118], At 615, base station 105-b (i.e. transmitting node) may send a downlink transmission. The downlink transmission may include one or more uplink grants, an indication of which transmission efficiency operating mode to use, an indication that the UE (i.e. receiving node) may select a transmission efficiency operating mode, one or more relaxed parameters, or the like). Regarding claim 14, Mukkavilli et al. teach wherein: the transmitting node comprises a first user equipment or first wireless device; and the receiving node comprises a second user equipment or second wireless device (Fig. 6, [0114, 0125], At 605, UE 115-a may transmit (i.e. the user equipment is the transmitter node), to base station 105-b (i.e. the network node is the receiving node), a capabilities report. At 625, UE 115-b may transmit, to base station 105-b, according to the standard transmission efficiency operating mode or the high transmission efficiency operating mode, an uplink transmission based at least in part on the transmitted indication of the capability and the information received in downlink transmission 615. (Note: the base station 105-b can be described as a "wireless device" in a general sense, as it uses radio waves to transmit and receive information without a wired connection to the end-user equipment). Regarding claim 15, Mukkavilli et al. teach a method by a receiving node for adapting a reception mode based on a capability of a transmitting node (Fig. 2, [0096, 0098-0099], base station 105-a and UE 115-a may be in communication. UE 115-a may send uplink transmissions 205 to base station 105-a, and base station 105-a may send downlink transmissions 210 to UE 115-a. The UE 115-a and base station 105-b may support three or more transmission efficiency modes (e.g., normal, medium, and high efficiency), and the concepts described herein may be extended to such cases. Base station 105-b may schedule UE 115-a via downlink transmission 210 to send subsequent uplink transmissions 205 based on the received UE transmission efficiency capability report. Fig. 3 illustrates an example of an operating mode 300 that supports high efficiency transmission mode signaling in accordance with aspects of the present disclosure. In some examples, operating mode 300 may implement aspects of wireless communication system 100. A UE 115 may be configured to communicate with a base station 105 via one or more frequency ranges 305), Mukkavilli et al. teach the method comprising: obtaining information indicating the capability of the transmitting node to adjust a transmit mode to transmit signals having a certain level of distortion (Fig. 2, [0005, 0007, 0099], the capabilities associated with the emissions may include different adjacent channel leakage ratio (ACLR) requirements that provide a limit on power leaking for uplink transmissions from the UE to adjacent frequencies and channels.). The method may include transmitting, to a base station, an indication of a capability of the UE to operate according to the first transmission efficiency operating mode and the second transmission efficiency operating mode and transmitting to the base station according to the first transmission efficiency operating mode or the second transmission efficiency operating mode based on the transmitted indication of the capability. The UE 115 may be subject to one or more limitations regarding adjacent channel leakage emissions. For instance, UE 115 may select a transmit power according to an adjacent channel leakage ratio (ACLR) limit, an error vector magnitude (EVM), or the like), Mukkavilli et al. teach and receiving a signal from the transmitting node, the signal transmitted using a transmission mode selected based on the capability of the transmitting node (Fig. 2, [0005-006], the UE may transmit, to a base station, an indication of a capability of the UE to operate according to both transmission efficiency operating modes and then may transmit an uplink message according to the first transmission efficiency operating mode or the second transmission efficiency operating mode based on the indication. The base station may determine which operating mode the UE is to use and transmit an indication of this determination to the UE, where the UE then transmits the uplink message according to the determined operating mode). Regarding claim 16, Mukkavilli et al. teach further comprising: based on the capability of the transmitting node to adjust the transmit mode to transmit signals having the certain level of distortion (Fig. 6, [0114, 0116], at 605, UE 115-a may transmit, to base station 105-b, a capabilities report. The capabilities report may include an indication of a capability of the UE 115-a to operate according to the standard transmission efficiency operating mode and the high transmission efficiency operating mode. ACLR and EVM requirements may be different (e.g., relaxed) for high transmission efficiency operating mode transmissions. This may allow base station 105-b may configure uplink transmission at 610 based on high transmission efficiency operating modes, standard transmission efficiency operating modes, or both), Mukkavilli et al. teach selecting a reception mode from a plurality of reception modes, wherein each of the plurality of reception modes is associated with a respective one of a plurality of distortion levels (Fig. 6, [0120], a network may control which transmission efficiency operating mode UE 115-b uses. Base station 105-b may signal (e.g., at 615) which transmission efficiency operating mode UE 115-b should use. In such examples, at 620, UE 115-b may select its mode based on the explicit indication. ACLR and EVM may follow the selected transmission efficiency operating mode. That is, UE 115-b may send an uplink transmission at 625 according to an explicitly indicated transmission efficiency operating mode, and the ACLR, EVM, or other leakage values may correspond to the selected transmission efficiency operating mode. If, however, base station 105-b indicates that UE 115-b may subsequently choose whether to use high transmission efficiency operating mode or standard transmission efficiency operating mode, then UE 115-b may dynamically choose a transmission efficiency operating mode based on one or more conditions. ACLR and EVM values may follow the selected transmission efficiency operating mode, and base station 105-b may be capable of sustaining the relaxed ACLR and EVM requirements), Mukkavilli et al. teach and transmitting, to the transmitting node, an indication of the reception mode that is selected from the plurality of reception modes (Fig. 6, [0124], At 620, UE 115-a may select a mode for an uplink transmission, based at least in part on the capabilities report and the downlink transmission received at 620, as described above. UE 115-a may select the transmission efficiency operating mode using an efficiency operating transmission component), Mukkavilli et al. teach wherein the signal received from the transmitting node is received based on the reception mode that is selected (Fig. 6, [0125], At 625, UE 115-b may transmit, to base station 105-b, according to the standard transmission efficiency operating mode or the high transmission efficiency operating mode, an uplink transmission based at least in part on the transmitted indication of the capability and the information received in downlink transmission 615). Regarding claim 17, Mukkavilli et al. teach wherein: the transmitting node comprises a network node; the receiving node comprises a user equipment or other wireless device; and the signal is transmitted on a downlink from the network node to the user equipment or other wireless device (Fig. 6, [0117], where a UE 115-a is capable of using a high transmission efficiency operating mode, PA parametrization may be sent for digital post distortion (dPOD). UE 115-b may use a PA to send signals using the high transmission efficiency operating mode. the PA may be modeled with polynomial or Volterra models. Coefficients of non-linear model may be sent to base station 105-b (e.g., in the capabilities report at 605) for predistortion reduction and/or mitigation. Base station 105-b may use such information at 630 to reduce interference for a high transmission efficiency operating mode signal). Regarding claim 18, Mukkavilli et al. teach wherein the at least one transmitter setting comprises at least one of: an operating point of a power amplifier; a transmission power level; a maximum power reduction (MPR); a modulation and coding (MCS) scheme; and training sample or data (Fig. 2, [0091], wireless communications system 100 may include different types of UEs 115 with different power requirements that can benefit from the high transmission efficiency (e.g., using an uplink sub-band high efficiency transmitter (SETI)). For example, the UEs 115 may include wearable designs (e.g., a smartwatch) that use lower frequencies (e.g., less than two (2) GHz), which result in smaller bandwidths (e.g., one (1) MHz bandwidth), low EVM waveforms, drive a PA of the UE 115 near P.sub.sat), linearized communications at the base station 105 reception, or a combination thereof. Additionally, the wearable designs may include power and size constraints (e.g., limiting PA classes, batteries for the UE 115, etc.), such that the high transmission efficiency could benefit operations of the wearable design. Additionally, or alternatively, smartphone designs of the UEs 115 may include uplink transmissions to meet a high MCS transmission ACLR (e.g., not EVM limits) or low bandwidth transmission range extensions (e.g., greater than 26 dBm), linearized communications at the base station 105 reception, or a combination thereof. Accordingly, the high transmission efficiency may be desirable for the smartphone design to achieve the high MCS transmission ACLR and/or low bandwidth transmission range. Additionally, the smartphone design (e.g., or a similar handset UE 115) may use higher signal strengths and amplifiers (e.g., higher dBms) to enhance a corresponding coverage area of the UE 115, where the higher signal strengths and amplifiers benefit from the high efficiency transmission mode). Regarding claim 19, Mukkavilli et al. teach wherein at least one of: the signal received from the transmitting node is of a lower quality than a first previously received signal that was received according to a reception mode that is different from the reception mode selected from the plurality of reception modes, the signal received using the reception mode selected from the plurality of reception modes is of a higher quality than a second previously received signal that was transmitted according to a reception mode that is different from the reception mode selected from the plurality of reception modes, the signal received using the reception mode selected from the plurality of reception modes is received at a lower transmit power than a third previously received signal that was transmitted according to a reception mode that is different from the mode selected from the plurality of reception modes, and the signal received using the reception mode selected from the plurality of reception modes is received at a higher transmit power than a fourth previously received signal that was transmitted according to a reception mode that is different from the reception mode selected from the plurality of reception modes (Fig. 2, [0090, 0092, 0098], a UE 115 may desire to achieve higher transmission efficiency (e.g., high efficiency mode) to improve UE performance (e.g., to lower power used by the UE 115). For example, the higher transmission efficiency may allow uplink transmissions from the UE 115 (e.g., UE transmissions) with the uplink transmissions and/or a PA of the UE 115 operating at or near a saturated output power (P.sub.sat) (e.g., to achieve the higher transmission efficiency) while allowing the UE 115 to fail one or more ACLR emissions. The UE 115 may be constrained to operate in a lower PA efficiency mode even though an EVM requirement for the UE 115 is not high. The lower PA efficiency mode may ensure that the ACLR (e.g., emission limits) from the UE 115 is not impacting other UEs 115 in wireless communications system 100 and/or affecting neighboring bands of operation. However, if the UE 115 has several modes of operation (e.g., low efficiency, linear and high efficiency, non-linear, etc.), the UE 115 and the network may pick the mode of operation depending on various UE requirements. Base station 105-b may schedule UE 115-a via downlink transmission 210 to send subsequent uplink transmissions 205 based on the received UE transmission efficiency capability report). Regarding claim 30, Mukkavilli et al. teach a transmitting node for adapting a transmission mode based on a capability of a receiving node, the transmitting node adapted to (Fig. 2, [0096, 0098-0099], base station 105-a and UE 115-a may be in communication. UE 115-a may send uplink transmissions 205 to base station 105-a, and base station 105-a may send downlink transmissions 210 to UE 115-a. The UE 115-a and base station 105-b may support three or more transmission efficiency modes (e.g., normal, medium, and high efficiency), and the concepts described herein may be extended to such cases. Base station 105-b may schedule UE 115-a via downlink transmission 210 to send subsequent uplink transmissions 205 based on the received UE transmission efficiency capability report. Fig. 3 illustrates an example of an operating mode 300 that supports high efficiency transmission mode signaling in accordance with aspects of the present disclosure. In some examples, operating mode 300 may implement aspects of wireless communication system 100. A UE 115 may be configured to communicate with a base station 105 via one or more frequency ranges 305), Mukkavilli et al. teach obtain information indicating a capability of the receiving node to receive signals having a certain level of distortion (Fig. 2, [0005, 0007, 0099], the capabilities associated with the emissions may include different adjacent channel leakage ratio (ACLR) requirements that provide a limit on power leaking for uplink transmissions from the UE to adjacent frequencies and channels.). The method may include transmitting, to a base station, an indication of a capability of the UE to operate according to the first transmission efficiency operating mode and the second transmission efficiency operating mode and transmitting to the base station according to the first transmission efficiency operating mode or the second transmission efficiency operating mode based on the transmitted indication of the capability. The UE 115 may be subject to one or more limitations regarding adjacent channel leakage emissions. For instance, UE 115 may select a transmit power according to an adjacent channel leakage ratio (ACLR) limit, an error vector magnitude (EVM), or the like), Mukkavilli et al. teach and transmit a signal to the receiving node, the signal transmitted using a transmission mode selected based on the capability of the receiving node (Fig. 2, [0005-006], the UE may transmit, to a base station, an indication of a capability of the UE to operate according to both transmission efficiency operating modes and then may transmit an uplink message according to the first transmission efficiency operating mode or the second transmission efficiency operating mode based on the indication. The base station may determine which operating mode the UE is to use and transmit an indication of this determination to the UE, where the UE then transmits the uplink message according to the determined operating mode). Allowable Subject Matter Claims 7-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Arguments Applicant's arguments filed on 04/09/2026 have been fully considered but they are not persuasive. Applicant states in remarks “In rejecting Claim 1, the Examiner at Pages 7-9 of the Office Action concedes and asserts that "[r]regarding Claim 1, Mukkavilli et al. teach ... transmitting a signal to the receiving node, the signal transmitted using a transmission mode selected based on the capability of the receiving node”. Examiner respectfully disagrees. Mukkavilli et al. teach the claimed limitation “transmitting a signal to the receiving node, the signal transmitted using a transmission mode selected based on the capability of the receiving node”. The applicant further states in the remarks regarding claim 1 rejection “Mukkavilli discloses UE capability reporting where a base station schedules uplink based on reported transmission efficiency support. This is fundamentally different from the claimed adaptation based on receiving node capability to handle certain distortion levels. Mukkavilli's ACLR/EVM relaxation is a UE transmit constraint, not receiving node distortion tolerance. The claim requires transmission mode selection where "each of the plurality of transmission modes is associated with a respective one of a plurality of distortion levels" - Mukkavilli discloses no such association or explicit selection mechanism”. The examiner respect fully disagrees. The applicant remarks are based on: “This is fundamentally different from the claimed adaptation based on receiving node capability to handle certain distortion levels”. The claim requires transmission mode selection where "each of the plurality of transmission modes is associated with a respective one of a plurality of distortion levels”. Regarding (a), the prior art teaches that for adapting a transmission mode the base station obtain the information indicating capability of the UE, and based on the capability information, the transmission mode is adapted (see paragraph 5 above). Regarding “to handle certain distortion levels”, the prior teach “the UE 115 may be subject to one or more limitations regarding adjacent channel leakage emissions. For instance, UE 115 may select a transmit power according to an adjacent channel leakage ratio (ACLR) limit, an error vector magnitude (EVM), or the like” (see paragraph 5 above). Further, prior art teaches that the UE sends to base station 105-b, in the capabilities report, for predistortion reduction and/or mitigation. Base station 105-b may use such information at 630 to reduce interference for a high transmission efficiency operating mode signal (see [117] fig. 6). In other words, the adaptation is based on receiving node capability to handle certain distortion levels. Regarding (b), as explained above the transmission mode is based on the capability information of the UE and the capability information contains distortion information. The applicant states in the remarks “Therefore, Applicant respectfully submits that Mukkavilli does not teach the feature "transmitting a signal to the receiving node, the signal transmitted using a transmission mode selected based on the capability of the receiving node" of independent Claim 1. (Emphasis added.). The examiner respectfully disagrees. As explained above Mukkavilli teaches the claimed limitations “transmitting a signal to the receiving node, the signal transmitted using a transmission mode selected based on the capability of the receiving node". The applicant states in the remarks “Therefore, Applicant respectfully submits that Mukkavilli does not teach all the features of independent Claim 1. Accordingly, allowance of independent Claim 1 is respectfully requested. Additionally, independent Claims 15 and 30 recite, inter alia, features similar to those recited above in independent Claim 1. Accordingly, Applicant respectfully submits that independent Claims 15 and 30 are patentable for at least the same reasons discussed above regarding independent Claim 1, the allowance of which is respectfully requested”. The examiner respectfully disagrees. As explained above the rejections of the claim1 is maintained, the similar independent claims 15 and 30 will also be remained rejected. The applicant states in the remarks “Applicant traverses the rejection of the remaining dependent claims. However, as each of these claims depends on base Claims 1 and 15, that are believed to be in condition for allowance, Applicant does not believe that it is necessary to argue the allowability of each dependent claim individually. Applicant does not necessarily concur with the interpretation of these claims, nor with the bases for rejection set forth in the Office Action. Applicant therefore reserves the right to address the patentability of these claims individually as necessary in the future”. The examiner respectfully disagrees. Since, as explained above, the rejections of the independent claims 1 and 15 are maintained, their dependent claims also be remained rejected. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED M BOKHARI whose telephone number is (571)270-3115. The examiner can normally be reached Monday through Friday. 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, Kwang B Yao can be reached at 5712723182. 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. /SYED M BOKHARI/Examiner, Art Unit 2473 5/29/2026 /KWANG B YAO/Supervisory Patent Examiner, Art Unit 2473
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Prosecution Timeline

Jan 02, 2024
Application Filed
Jan 09, 2026
Non-Final Rejection mailed — §102
Apr 09, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §102
Jul 30, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

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STATIC SELECTION OF A SESSION MANAGEMENT FUNCTION OR USER PLANE FUNCTION IN A 5G CORE NETWORK
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4y 9m 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

2-3
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+18.0%)
3y 0m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 858 resolved cases by this examiner. Grant probability derived from career allowance rate.

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