Prosecution Insights
Last updated: August 17, 2026
Application No. 18/619,861

COMMUNICATION IN A NON-ACTIVE TIME FOR A CELL

Non-Final OA §102§103
Filed
Mar 28, 2024
Priority
Apr 03, 2023 — provisional 63/493,957
Examiner
SHARMA, GAUTAM
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
571 granted / 651 resolved
+29.7% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
18 currently pending
Career history
672
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
59.9%
+19.9% vs TC avg
§102
16.7%
-23.3% vs TC avg
§112
3.7%
-36.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 651 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 and 31-40 are pending. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 13, 15, 17 and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Harris et al, application no. 2024/0292321, hereinafter known as Harris As to claim 13, Harris discloses an apparatus for wireless communication at a user equipment (UE), comprising: one or more memories; and one or more processors, coupled to the one or more memories (Harris, figure 1, UE with memory and processors), configured to cause the UE to: receive configuration information that indicates a non-active time for cell discontinuous reception (DRX) (Harris, [0110], receiving configuration by UE; [0055]-[0060], [0074], Cell DTX/DRX and UE DTX/DRX communication method as per 3GPP standards and well known in the art) and that indicates a quantity of repetitions for one of a physical uplink channel or signal (Harris, [0064], [0068], [0081] UE using PUCCH repetition techniques); and transmit one or more repetitions of the one of the physical uplink channel or signal in one or more transmission occasions outside of the non-active time (Harris, [0064], figure 6A, 6b, [0081]-[0082], UE choosing to send or skip PUCCH during “On duration” or active time as deemed appropriate). As to claim 15, Harris discloses wherein the one of the physical uplink channel or signal is a physical uplink control channel, a physical uplink shared channel scheduled by dynamic grant, a physical uplink shared channel scheduled by configured grant, or a sounding reference signal (Harris, [0064], [0074], PUCCH ( physical uplink control channel) uplink communication including with repetition). As to claim 17, Harris discloses an apparatus for wireless communication at a network node, comprising: one or more memories; and one or more processors, coupled to the one or more memories (Harris, [0057], network node of the art with memory and processor), configured to cause the network node to: transmit configuration information that indicates a non-active time for cell discontinuous reception (DRX) (Harris, [0110], receiving configuration by UE; [0055]-[0060], [0074], Cell DTX/DRX and UE DTX/DRX communication method as per 3GPP standards and well known in the art) and that indicates a quantity of repetitions for one of a physical uplink channel or signal Harris, [0064], [0068], [0081] UE using PUCCH repetition techniques);; and receive one or more repetitions of the one of the physical uplink channel or signal in one or more occasions outside of the non-active time (Harris, [0064], figure 6A, 6b, [0081]-[0082], UE choosing to send or skip PUCCH during “On duration” or active time as deemed appropriate). As to claim 19, Harris discloses wherein the one of the physical uplink channel or signal is a physical uplink control channel, a physical uplink shared channel scheduled by dynamic grant, a physical uplink shared channel scheduled by configured grant, or a sounding reference signal(Harris, [0064], [0074], PUCCH ( physical uplink control channel) uplink communication including with repetition). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries 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 1-12, 14, 16, 18, 20 and 31-40 are rejected under 35 U.S.C. 103 as being unpatentable over Harris in view of Yang et al, application no. 2016/0135221, hereinafter known as Yang. As to claim 1, Harris discloses an apparatus for wireless communication at a user equipment (UE), comprising: one or more memories; and one or more processors, coupled to the one or more memories (Harris, figure 1, UE with memory and processors), configured to cause the UE to: receive configuration information that indicates a non-active time for cell discontinuous reception (DRX) (Harris, [0110], receiving configuration by UE; [0055]-[0060], [0074], Cell DTX/DRX and UE DTX/DRX communication method as per 3GPP standards and well known in the art) and that indicates a quantity of repetitions for one of a physical uplink channel or signal (Harris, [0064], [0068], [0081] UE using PUCCH repetition techniques). Harris teaches UE choosing to send or skip PUCCH during “On duration” or active time as deemed appropriate (Harris, [0064]). Harris does not expressly disclose skipping PUCCH during non-active time however Yang discloses and drop transmission of one or more repetitions of the one of the physical uplink channel or signal in one or more transmission occasions in the non-active time (Yang, [0059]-[0063], control of uplink signals when in non-active time including not sending uplink signal “the present invention proposes to change the configuration (e.g., transmission time/pattern/band) for transmitting uplink signals so as to perform limited transmission, or not to transmit uplink signals”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris to include the limitations of and drop transmission of one or more repetitions of the one of the physical uplink channel or signal in one or more transmission occasions in the non-active time as taught by Yang. Forgoing sending of uplink signals during non-active time by UE enables “reduction in battery consumption”(Yang, [0062]). As to claim 2, Harris discloses wherein the one or more processors are further configured to cause the UE to: transmit one or more repetitions of the one of the physical uplink channel or signal in one or more transmission occasions outside of the non-active time (Harris, [0064], figure 6A, 6b, [0081]-[0082], UE choosing to send or skip PUCCH during “On duration” or active time as deemed appropriate). As to claim 3, Harris discloses wherein the one or more repetitions in the one or more transmission occasions in the non-active time that are dropped are counted toward the quantity of repetitions (Harris, figure 6C, [0083], maintaining repetition count (rep1-rep4) even when no transmission is made at symbols 676, 677). As to claim 4, Harris discloses wherein the one or more repetitions in the one or more transmission occasions in the non-active time that are dropped are not counted toward the quantity of repetitions (Harris, figure 6A, [0081], repetition count is paused, not counted, for transmission occasion over symbols 626-629). As to claim 5, Harris discloses wherein the one of the physical uplink channel or signal is a physical uplink control channel, a physical uplink shared channel scheduled by dynamic grant, a physical uplink shared channel scheduled by configured grant, or a sounding reference signal (Harris, [0064], [0074], PUCCH ( physical uplink control channel) uplink communication including with repetition). As to claim 6, Harris and Yang disclose the apparatus of claim 1. Harris does not disclose however Yang discloses wherein the one or more processors are further configured to cause the UE to: determine transmission occasions for the one of the physical uplink channel or signal in accordance with the non-active time (Yang, [0059]-]0063], control of uplink signals when in non-active time including not sending uplink signal “the present invention proposes to change the configuration (e.g., transmission time/pattern/band) for transmitting uplink signals so as to perform limited transmission, or not to transmit uplink signals”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris to include the limitations of determine transmission occasions for the one of the physical uplink channel or signal in accordance with the non-active time as taught by Yang. Forgoing sending of uplink signals during non-active time by UE enables “reduction in battery consumption”(Yang, [0062]). As to claim 7, Harris discloses an apparatus for wireless communication at a network node, comprising: one or more memories; and one or more processors, coupled to the one or more memories (Harris, [0057], network node of the art with memory and processor), configured to cause the network node to: transmit configuration information that indicates a non-active time for cell discontinuous reception (DRX) and that indicates a quantity of repetitions for one of a physical uplink channel or signal (Harris, [0071], gNB determine and indicates to UE communication metrics; [0055]-[0060], [0074], Cell DTX/DRX and UE DTX/DRX communication method as per 3GPP standards and well known in the art; [0064], [0068], [0081] UE using PUCCH repetition techniques). Harris does not expressly disclose skipping PUCCH during non-active time however Yang discloses and drop reception of one or more repetitions of the one of the physical uplink channel or signal in one or more occasions in the non-active time (Yang, [0059]-[0063], control of uplink signals when in non-active time including not sending uplink signal “the present invention proposes to change the configuration (e.g., transmission time/pattern/band) for transmitting uplink signals so as to perform limited transmission, or not to transmit uplink signals”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris to include the limitations of and drop reception of one or more repetitions of the one of the physical uplink channel or signal in one or more occasions in the non-active time as taught by Yang. Forgoing sending of uplink signals during non-active time by UE enables “reduction in battery consumption”(Yang, [0062]). As to claims 8-12, the claims are rejected as applied to claims 2-6 respectively above by Harris in view of Yang. As to claim 14, Harris discloses he apparatus of claim 13, Harris does not disclose however Yang discloses wherein the one or more processors are further configured to cause the UE to: drop transmission of one or more repetitions of the one of the physical uplink channel or signal in one or more transmission occasions in the non-active time (Yang, [0059]-[0063], control of uplink signals when in non-active time including not sending uplink signal “the present invention proposes to change the configuration (e.g., transmission time/pattern/band) for transmitting uplink signals so as to perform limited transmission, or not to transmit uplink signals”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris to include the limitations of wherein the one or more processors are further configured to cause the UE to: drop transmission of one or more repetitions of the one of the physical uplink channel or signal in one or more transmission occasions in the non-active time as taught by Yang. Forgoing sending of uplink signals during non-active time by UE enables “reduction in battery consumption”(Yang, [0062]). As to claim 16, Harris discloses the apparatus of claim 13, Harris does not disclose however Yang discloses wherein the one or more processors are further configured to cause the UE to: determine transmission occasions for the one of the physical uplink channel or signal in accordance with the non-active time (Yang, [0059]-]0063], control of uplink signals when in non-active time including not sending uplink signal “the present invention proposes to change the configuration (e.g., transmission time/pattern/band) for transmitting uplink signals so as to perform limited transmission, or not to transmit uplink signals”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris to include the limitations of wherein the one or more processors are further configured to cause the UE to: determine transmission occasions for the one of the physical uplink channel or signal in accordance with the non-active time as taught by Yang. Forgoing sending of uplink signals during non-active time by UE enables “reduction in battery consumption”(Yang, [0062]). As to claim 18, Harris discloses the apparatus of claim 17, Harris does not disclose however Yang discloses wherein the one or more processors are further configured to cause the network node to: drop reception of one or more repetitions of the one of the physical uplink channel or signal in one or more occasions in the non-active time (Yang, [0059]-[0063], control of uplink signals when in non-active time including not sending uplink signal “the present invention proposes to change the configuration (e.g., transmission time/pattern/band) for transmitting uplink signals so as to perform limited transmission, or not to transmit uplink signals”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris to include the limitations of wherein the one or more processors are further configured to cause the network node to: drop reception of one or more repetitions of the one of the physical uplink channel or signal in one or more occasions in the non-active time as taught by Yang. Forgoing sending of uplink signals during non-active time by UE enables “reduction in battery consumption”(Yang, [0062]). As to claim 20, Harris discloses the apparatus of claim 17, Harris does not disclose however Yang discloses wherein the one or more processors are further configured to cause the network node to: determine occasions for the one of the physical uplink channel or signal in accordance with the non-active time (Yang, [0059]-]0063], control of uplink signals when in non-active time including not sending uplink signal “the present invention proposes to change the configuration (e.g., transmission time/pattern/band) for transmitting uplink signals so as to perform limited transmission, or not to transmit uplink signals”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris to include the limitations of wherein the one or more processors are further configured to cause the network node to: determine occasions for the one of the physical uplink channel or signal in accordance with the non-active time as taught by Yang. Forgoing sending of uplink signals during non-active time by UE enables “reduction in battery consumption”(Yang, [0062]). As to claims 31-36, the claims are rejected as applied to claims 1-6 respectively above by Harris in view of Yang. As to claims 37-40, the claims are rejected as applied to claims 7, 8, 11 and 12 respectively above by Harris in view of Yang. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GAUTAM SHARMA whose telephone number is (571)270-7182. The examiner can normally be reached 11am-8pm. 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, Hassan Phillips can be reached at 571-272-3940. 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. /GAUTAM SHARMA/ Examiner, Art Unit 2467 /HASSAN A PHILLIPS/Supervisory Patent Examiner, Art Unit 2467
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Prosecution Timeline

Mar 28, 2024
Application Filed
Jul 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+12.0%)
2y 6m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 651 resolved cases by this examiner. Grant probability derived from career allowance rate.

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