Prosecution Insights
Last updated: April 19, 2026
Application No. 18/620,174

APPARATUSES, METHODS AND COMPUTER PROGRAMS FOR CONTROLLING TRANSMISSION OF SPS HARQ-ACK AND PUCCH REPETITIONS

Non-Final OA §102§103
Filed
Mar 28, 2024
Examiner
GHAFOERKHAN, FAIYAZKHAN
Art Unit
2476
Tech Center
2400 — Computer Networks
Assignee
Nokia Technologies Oy
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
95%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
486 granted / 560 resolved
+28.8% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
20 currently pending
Career history
580
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
29.7%
-10.3% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 560 resolved cases

Office Action

§102 §103
DETAILED ACTION Claims 1-13 have been examined. Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 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)(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. Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20220353017 A1 to Babaei (hereinafter “Babaei”). As per claim 1, Babaei discloses an apparatus (Babaei Fig. 15) comprising: at least one processor (Babaei Fig. 15); and at least one memory storing instruction that, when executed by the at least one processor (Babaei Fig. 15 and [0123]), cause the apparatus at least to: determine Discontinuous Reception (DRX) timing information, wherein the DRX timing information is indicative of at least one time period of cell DRX inactivity (Babaei [0147] In an example, RRC may control DRX operation by configuring the following parameters: drx-onDurationTimer (e.g., the duration at the beginning of a DRX cycle); drx-SlotOffset (e.g., the delay before starting the drx-onDurationTimer); drx-InactivityTimer (e.g., the duration after the PDCCH occasion in which a PDCCH indicates a new UL or DL transmission for the MAC entity); drx-RetransmissionTimerDL (per DL HARQ process except for the broadcast process, e.g. the maximum duration until a DL retransmission is received); drx-RetransmissionTimerUL (per UL HARQ process, e.g., the maximum duration until a grant for UL retransmission is received); drx-LongCycleStartOffset (e.g., the Long DRX cycle and drx-StartOffset which may define the subframe where the Long and Short DRX cycle starts); drx-ShortCycle (e.g., the Short DRX cycle); drx-ShortCycleTimer (e.g., the duration the UE may follow the Short DRX cycle); drx-HARQ-RTT-TimerDL (per DL HARQ process except for the broadcast process, e.g., the minimum duration before a DL assignment for HARQ retransmission is expected by the MAC entity); drx-HARQ-RTT-TimerUL (per UL HARQ process, e.g., the minimum duration before a UL HARQ retransmission grant is expected by the MAC entity). [0163] In an example, when DRX is configured, a DRX group may be in Active Time. If the PDCCH indicates a new transmission (DL or UL) on a Serving Cell in this DRX group: the MAC entity may start or restart drx-InactivityTimer for this DRX group in the first symbol after the end of the PDCCH reception.); determine Physical Uplink Control Channel (PUCCH) resource information, wherein the PUCCH resource information is indicative of a PUCCH resource for the apparatus to transmit a Semi-Persistent Scheduling Hybrid Automatic Repeat request Acknowledgment (SPS HARQ-ACK) (Babaei [0127] In an example and for TDD configurations, dropping of SPS HARQ feedback due to collision/overlap of scheduled HARQ feedback transmission via PUCCH with at least one DL or flexible symbol (e.g., determined based on slot format) may be avoided. In an example, to address SPS HARQ-ACK dropping for TDD systems, a HARQ feedback may be deferred until a next (e.g., first) available PUCCH. In an example, to address SPS HARQ-ACK dropping for TDD systems, a one-shot/Type-3 codebook type may be dynamically triggered. [0129] In an example, SPS HARQ-ACK deferral may be jointly configured per PUCCH cell group. Any SPS HARQ-ACK within a PUCCH cell group may be subject to deferral. In an example, the SPS HARQ-ACK deferral may be configured per SPS configuration. See also [0086]); and control a transmission of the SPS HARQ-ACK based at least in part on the DRX timing information and the PUCCH resource information (Babaei [0127,0129,0147,0163]). As per claim 2, Babaei discloses the apparatus of claim 1, wherein the PUCCH resource is in a first PUCCH slot (Babaei [0127] In an example and for TDD configurations, dropping of SPS HARQ feedback due to collision/overlap of scheduled HARQ feedback transmission via PUCCH with at least one DL or flexible symbol (e.g., determined based on slot format) may be avoided. In an example, to address SPS HARQ-ACK dropping for TDD systems, a HARQ feedback may be deferred until a next (e.g., first) available PUCCH. In an example, to address SPS HARQ-ACK dropping for TDD systems, a one-shot/Type-3 codebook type may be dynamically triggered. [0128] In an example, deferring of SPS HARQ-ACK dropped due to TDD specific collisions until a next available PUCCH may be based on semi-static configuration of slot format. In an example, semi-statically configured flexible symbols may be considered for PUCCH availability. [0129] In an example, SPS HARQ-ACK deferral may be jointly configured per PUCCH cell group. Any SPS HARQ-ACK within a PUCCH cell group may be subject to deferral. In an example, the SPS HARQ-ACK deferral may be configured per SPS configuration.), and wherein controlling the transmission of the SPS HARQ-ACK comprises at least one selected from a group of: preventing, based at least in part on the DRX timing information and the PUCCH resource information, transmission of the SPS HARQ-ACK using the PUCCH resource (Babaei [0127] In an example and for TDD configurations, dropping of SPS HARQ feedback due to collision/overlap of scheduled HARQ feedback transmission via PUCCH with at least one DL or flexible symbol (e.g., determined based on slot format) may be avoided. In an example, to address SPS HARQ-ACK dropping for TDD systems, a HARQ feedback may be deferred until a next (e.g., first) available PUCCH. In an example, to address SPS HARQ-ACK dropping for TDD systems, a one-shot/Type-3 codebook type may be dynamically triggered. [0128] In an example, deferring of SPS HARQ-ACK dropped due to TDD specific collisions until a next available PUCCH may be based on semi-static configuration of slot format. In an example, semi-statically configured flexible symbols may be considered for PUCCH availability. [0129] In an example, SPS HARQ-ACK deferral may be jointly configured per PUCCH cell group. Any SPS HARQ-ACK within a PUCCH cell group may be subject to deferral. In an example, the SPS HARQ-ACK deferral may be configured per SPS configuration.); preventing, based at least in part on the DRX timing information and the PUCCH resource information, transmission of the SPS HARQ-ACK during the at least one time period of cell DRX inactivity (Babaei [0127-0129,0163); determining to defer the transmission of the SPS HARQ-ACK to a second PUCCH slot based at least in part on determining whether the PUCCH resource at least partially overlaps in time with the at least one time period of cell DRX; deferring the transmission of the SPS HARQ-ACK to a second PUCCH slot responsive to determining that the PUCCH resource at least partially overlaps in time with the at least one time period of cell DRX inactivity; performing, responsive to determining that the PUCCH resource at least partially overlaps in time with the at least one time period of cell DRX inactivity, a procedure to defer the transmission of the SPS HARQ-ACK to a second PUCCH slot; and transmitting a deferred transmission of the SPS HARQ-ACK in a second PUCCH resource in a second PUCCH slot (Babaei [0127-0129]). As per claim 3, Babaei discloses the apparatus of claim 1, wherein the apparatus is further caused to: determine, based at least in part on the DRX timing information, a second PUCCH resource in a second PUCCH slot for the apparatus to transmit the SPS HARQ-ACK (Babaei [0127-0129]). As per claim 4, Babaei discloses the apparatus of claim 3, wherein determining the second PUCCH resource comprises at least one selected from a group of: determining the second PUCCH slot such that the second PUCCH resource in the second PUCCH slot does not coincide in time with the at least one time period of cell DRX inactivity (Babaei [0127-0129,0147,0163]); and determining the second PUCCH slot such that a time difference between a first PUCCH slot that the PUCCH resource is in and the second PUCCH slot does not exceed a threshold deferral time, and optionally wherein the threshold deferral time is based at least in part on a received maximum deferral time related to cell DRX inactive periods. As per claim 5, Babaei discloses the apparatus of claim 3, wherein the apparatus is further caused to transmit the SPS HARQ-ACK using the second PUCCH resource in the second PUCCH slot (Babaei [0127-0129,0147,0163]). As per claim 6, Babaei discloses the apparatus of claim 1, wherein the transmission of the SPS HARQ-ACK is deferred (Babaei [0127-0129]) and the deferred transmission of the SPS HARQ-ACK is multiplexed with at least one selected from a group of: a HARQ-ACK (Babaei [0064,0088,0127-0129]); at least one further SPS HARQ-ACK (Babaei [0127-0129]); and an Uplink Control Information, UCI (Babaei [0064,0088,0127-0129]). As per claim 7, Babaei discloses the apparatus of claim 1, wherein the apparatus is further caused to: receive configuration information for configuring the apparatus to perform an SPS HARQ-ACK DRX deferral procedure for deferring transmission of the SPS HARQ-ACK based at least in part on the DRX timing information (Babaei [0064,0088,0117,0127-0129,0147,0163]). As per claim 8, Babaei discloses the apparatus of claim 1, wherein the PUCCH resource information is received by at least one from a group of: dedicated PUCCH resource configuration received from the RAN node (Babaei Fig. 11B and [0088]); PUCCH-ResourceSet (Babaei Fig. 11B and [0088]); and SPS-PUCCH-AN-List in PUCCH-Config, or by n1PUCCH-AN in SPS-Config (Babaei [0166]). As per claim 9, Babaei discloses an apparatus (Babaei Fig. 15) comprising: at least one processor (Babaei Fig. 15); and at least one memory storing instruction that, when executed by the at least one processor (Babaei Fig. 15 and [0123]), cause the apparatus at least to: transmit, to a User Equipment (UE) Discontinuous Reception (DRX) timing information, wherein the DRX timing information is indicative of at least one time period of cell DRX inactivity (Babaei [0147] In an example, RRC may control DRX operation by configuring the following parameters: drx-onDurationTimer (e.g., the duration at the beginning of a DRX cycle); drx-SlotOffset (e.g., the delay before starting the drx-onDurationTimer); drx-InactivityTimer (e.g., the duration after the PDCCH occasion in which a PDCCH indicates a new UL or DL transmission for the MAC entity); drx-RetransmissionTimerDL (per DL HARQ process except for the broadcast process, e.g. the maximum duration until a DL retransmission is received); drx-RetransmissionTimerUL (per UL HARQ process, e.g., the maximum duration until a grant for UL retransmission is received); drx-LongCycleStartOffset (e.g., the Long DRX cycle and drx-StartOffset which may define the subframe where the Long and Short DRX cycle starts); drx-ShortCycle (e.g., the Short DRX cycle); drx-ShortCycleTimer (e.g., the duration the UE may follow the Short DRX cycle); drx-HARQ-RTT-TimerDL (per DL HARQ process except for the broadcast process, e.g., the minimum duration before a DL assignment for HARQ retransmission is expected by the MAC entity); drx-HARQ-RTT-TimerUL (per UL HARQ process, e.g., the minimum duration before a UL HARQ retransmission grant is expected by the MAC entity). [0163] In an example, when DRX is configured, a DRX group may be in Active Time. If the PDCCH indicates a new transmission (DL or UL) on a Serving Cell in this DRX group: the MAC entity may start or restart drx-InactivityTimer for this DRX group in the first symbol after the end of the PDCCH reception.); transmit, to the UE, Physical Uplink Control Channel (PUCCH) resource information, wherein the PUCCH resource information is indicative of a PUCCH resource for the UE to transmit a Semi-Persistent Scheduling Hybrid Automatic Repeat request Acknowledgment (SPS HARQ-ACK) (Babaei [0127] In an example and for TDD configurations, dropping of SPS HARQ feedback due to collision/overlap of scheduled HARQ feedback transmission via PUCCH with at least one DL or flexible symbol (e.g., determined based on slot format) may be avoided. In an example, to address SPS HARQ-ACK dropping for TDD systems, a HARQ feedback may be deferred until a next (e.g., first) available PUCCH. In an example, to address SPS HARQ-ACK dropping for TDD systems, a one-shot/Type-3 codebook type may be dynamically triggered. [0129] In an example, SPS HARQ-ACK deferral may be jointly configured per PUCCH cell group. Any SPS HARQ-ACK within a PUCCH cell group may be subject to deferral. In an example, the SPS HARQ-ACK deferral may be configured per SPS configuration. See also [0086]); and control, based at least in part on the DRX timing information and the PCCH resource information, a reception of the SPS HARQ-ACK from the UE (Babaei [0127,0129,0147,0163]). As per claim 10, Babaei discloses the apparatus of claim 9, wherein controlling the reception of the SPS HARQ-ACK comprises: determining, based at least in part on the DRX timing information, a second PUCCH resource for receiving the SPS HARQ-ACK from the UE (Babaei [0127-0129]). As per claim 11, Babaei discloses an apparatus (Babaei Fig. 15) comprising: at least one processor (Babaei Fig. 15); and at least one memory storing instruction that, when executed by the at least one processor (Babaei Fig. 15 and [0123]), cause the apparatus at least to: determine Discontinuous Reception (DRX) timing information, wherein the DRX timing information is indicative of at least one time period of cell DRX inactivity (Babaei [0147] In an example, RRC may control DRX operation by configuring the following parameters: drx-onDurationTimer (e.g., the duration at the beginning of a DRX cycle); drx-SlotOffset (e.g., the delay before starting the drx-onDurationTimer); drx-InactivityTimer (e.g., the duration after the PDCCH occasion in which a PDCCH indicates a new UL or DL transmission for the MAC entity); drx-RetransmissionTimerDL (per DL HARQ process except for the broadcast process, e.g. the maximum duration until a DL retransmission is received); drx-RetransmissionTimerUL (per UL HARQ process, e.g., the maximum duration until a grant for UL retransmission is received); drx-LongCycleStartOffset (e.g., the Long DRX cycle and drx-StartOffset which may define the subframe where the Long and Short DRX cycle starts); drx-ShortCycle (e.g., the Short DRX cycle); drx-ShortCycleTimer (e.g., the duration the UE may follow the Short DRX cycle); drx-HARQ-RTT-TimerDL (per DL HARQ process except for the broadcast process, e.g., the minimum duration before a DL assignment for HARQ retransmission is expected by the MAC entity); drx-HARQ-RTT-TimerUL (per UL HARQ process, e.g., the minimum duration before a UL HARQ retransmission grant is expected by the MAC entity). [0163] In an example, when DRX is configured, a DRX group may be in Active Time. If the PDCCH indicates a new transmission (DL or UL) on a Serving Cell in this DRX group: the MAC entity may start or restart drx-InactivityTimer for this DRX group in the first symbol after the end of the PDCCH reception.); and control a repetition of a Physical Uplink Control Channel (PUCCH) transmission based at least in part on the DRX timing information (Babaei [0127,0129,0139,0147,0163]). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Babaei as applied to claims 1-11 above, and further in view of US 2022/0321277 A1 to Babaei (hereinafter “Babaei2”). As per claim 12, Babaei discloses the apparatus of claim 11, wherein controlling repetition of the PUCCH transmission comprises: determining a plurality of PUCCH slots for the repetition of the PUCCH transmission such that the PUCCH transmission in the plurality of PUCCH slots is not contemporaneous with the at least one time period of cell DRX inactivity, and repeating transmission of the PUCCH transmission using the plurality of PUCCH slots. Babaei may not explicitly disclose, but Babaei2, which is in the same field of endeavor, discloses wherein controlling repetition of the PUCCH transmission comprises: determining a plurality of PUCCH slots for the repetition of the PUCCH transmission such that the PUCCH transmission in the plurality of PUCCH slots is not contemporaneous with the at least one time period of cell DRX inactivity (Babaei2 [0274]), and repeating transmission of the PUCCH transmission using the plurality of PUCCH slots (Babaei2 [0274]). The purpose of Babaei is to enhance processes for a wireless device and/or one or more base stations in particular related to hybrid automatic repeat request (HARQ) and/or discontinuous reception (DRX) and/or configured grants (Babaei2 [0062]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Babaei2 with Babaei, to enhance processes for a wireless device and/or one or more base stations in particular related to hybrid automatic repeat request (HARQ) and/or discontinuous reception (DRX) and/or configured grants (Babaei2 [0062]). As per claim 13, Babaei and Babaei2 disclose the apparatus of claim 12, wherein determining the plurality of PUCCH slots further comprises determining the plurality of PUCCH slots such that the PUCCH transmission in the plurality of PUCCH slots is not contemporaneous with semi-static DL or SSB symbols. Babaei may not explicitly disclose, but Babaei2, which is in the same field of endeavor, discloses determining the plurality of PUCCH slots further comprises determining the plurality of PUCCH slots such that the PUCCH transmission in the plurality of PUCCH slots is not contemporaneous with semi-static DL or SSB symbols (Babaei2 [0274], Fig. 11B and Fig. 32). The purpose of Babaei is to enhance processes for a wireless device and/or one or more base stations in particular related to hybrid automatic repeat request (HARQ) and/or discontinuous reception (DRX) and/or configured grants (Babaei2 [0062]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Babaei2 with Babaei, to enhance processes for a wireless device and/or one or more base stations in particular related to hybrid automatic repeat request (HARQ) and/or discontinuous reception (DRX) and/or configured grants (Babaei2 [0062]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAIYAZKHAN GHAFOERKHAN whose telephone number is (571)270-7161. The examiner can normally be reached Flex. 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, Ayaz R Sheikh can be reached at (571) 272-3795. 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. FAIYAZKHAN GHAFOERKHAN Primary Examiner Art Unit 2476 /FAIYAZKHAN GHAFOERKHAN/ Primary Examiner, Art Unit 2476
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Prosecution Timeline

Mar 28, 2024
Application Filed
Mar 21, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
95%
With Interview (+8.2%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 560 resolved cases by this examiner. Grant probability derived from career allow rate.

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