Prosecution Insights
Last updated: July 17, 2026
Application No. 18/664,394

COMMUNICATION SYSTEM

Final Rejection §103
Filed
May 15, 2024
Priority
Feb 05, 2016 — GB 1602150.3 +3 more
Examiner
THOMAS, WILFRED
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
215 granted / 279 resolved
+19.1% vs TC avg
Strong +31% interview lift
Without
With
+30.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
19 currently pending
Career history
320
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
94.3%
+54.3% vs TC avg
§102
3.6%
-36.4% vs TC avg
§112
1.0%
-39.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 279 resolved cases

Office Action

§103
CTFR 18/664,394 CTFR 91699 DETAILED ACTION This communication is in response to applicant’s response filed under 37 C.F.R. §1.111 in response to a non-final office action. Claims 1-4 have been amended. Claims 1-4 are subject to examination. Response to Arguments Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection. Claims 5-10 were cancelled by the Applicant. See the interview summary for further detail. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. ( Suzuki hereafter) (US 20160380742 A1) in view of Tang ( Tang hereafter) (US 20190246397 A1) . Regarding claim 1 Suzuki teaches, A method performed by a user equipment (UE), the method comprising: receiving, from a base station (sets a first UL-DL configuration for the terminal device) , a radio resource control (RRC) message (through a first signal of a higher layer) comprising a first periodicity (sets an index that corresponds to a periodicity T and an offset k) for monitoring a search space for a Physical Downlink Control Channel (PDCCH) (that satisfies (10.Math.n.sub.f+n−k) mod T=0, on a common search space) (Suzuki; [0405] a base station apparatus according to the present embodiment includes a configuration unit that sets a first UL-DL configuration for the terminal device through a first signal of a higher layer, and that sets an index that corresponds to a periodicity T and an offset k, for the terminal device through a second signal of the higher layer, and a transmission unit that transmits a DCI format 5 on a subframe that satisfies (10.Math.n.sub.f+n−k) mod T=0, on a common search space of a primary cell) ([0016, 0020, 0026]) ; and Suzuki fails to explicitly teach determining, based on the first periodicity, a first position in a time duration for the search space However, in the same field of endeavor Tang teaches, determining based on the first periodicity (More than two groups of time frequency resources) , a first position in a time duration for the search space (a first location offset of a search space) (Tang; [0073-0074] More than two groups of time frequency resources are allocated to EPDCCHs in a user level search space, where one group of time frequency resources is referred to as an EPDCCH set. Each EPDCCH set corresponds to one EPDCCH set number, and the EPDCCH set number corresponding to each EPDCCH set is different. Two EPDCCH sets are used as an example in this embodiment, where a number of the first EPDCCH set is 0, and a number of the second EPDCCH set is 1. [0074] 202. Determine, according to the first number, a first location offset of a search space corresponding to the first EPDCCH set) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Suzuki to include the above recited limitations as taught by Tang in order to determine the location offsets of the search spaces corresponding to the EPDCCH sets (Tang; [0025]). Regarding claim 3 Chen teaches, A user equipment (UE) comprising: receive, from a base station (sets a first UL-DL configuration for the terminal device) , a radio resource control (RRC) message (through a first signal of a higher layer) comprising a first periodicity (sets an index that corresponds to a periodicity T and an offset k) for monitoring a search space for a Physical Downlink Control Channel (PDCCH) (that satisfies (10.Math.n.sub.f+n−k) mod T=0, on a common search space) (Suzuki; [0405] a base station apparatus according to the present embodiment includes a configuration unit that sets a first UL-DL configuration for the terminal device through a first signal of a higher layer, and that sets an index that corresponds to a periodicity T and an offset k, for the terminal device through a second signal of the higher layer, and a transmission unit that transmits a DCI format 5 on a subframe that satisfies (10.Math.n.sub.f+n−k) mod T=0, on a common search space of a primary cell) ; and Suzuki fails to explicitly teach determining, based on the first periodicity, a first position in a time duration for the search space However, in the same field of endeavor Tang teaches, determining based on the first periodicity (More than two groups of time frequency resources) , a first position in a time duration for the search space (a first location offset of a search space) (Tang; [0073-0074] More than two groups of time frequency resources are allocated to EPDCCHs in a user level search space, where one group of time frequency resources is referred to as an EPDCCH set. Each EPDCCH set corresponds to one EPDCCH set number, and the EPDCCH set number corresponding to each EPDCCH set is different. Two EPDCCH sets are used as an example in this embodiment, where a number of the first EPDCCH set is 0, and a number of the second EPDCCH set is 1. Two EPDCCH sets are used as an example in this embodiment, where a number of the first EPDCCH set is 0, and a number of the second EPDCCH set is 1. [0074] 202. Determine, according to the first number, a first location offset of a search space corresponding to the first EPDCCH set) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Suzuki to include the above recited limitations as taught by Tang in order to determine the location offsets of the search spaces corresponding to the EPDCCH sets (Tang; [0025]). However, in the same field of endeavor Tang teaches, one or more memories storing instructions (Tang; Fig. 11 [0183] The memory 1101 may be configured to store) ; and one or more processors configured to process the instructions (Tang; Fig. 11[0186] The processor 1102 is configured to execute the code) to control the UE to: determine a first position in a time duration for a search space (a first location offset of a search space) based on the first periodicity (corresponding to the first EPDCCH set) (Tang; [0073- 0074] Two EPDCCH sets are used as an example in this embodiment, where a number of the first EPDCCH set is 0, and a number of the second EPDCCH set is 1. [0074] 202. Determine, according to the first number, a first location offset of a search space corresponding to the first EPDCCH set) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chen to include the above recited limitations as taught by Tang in order to determine the location offsets of the search spaces corresponding to the EPDCCH sets (Tang; [0025]) . 07-22-aia AIA Claim s 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Chen-Tang as applied to claim s 1 and 3 above, and further in view of Sartori et al. ( Sartori hereafter) (US 20130242904 A1) . Regarding claims 2 and 4 Chen-Tang teaches, The Claims 1 and 3, Chen-Tang fails to explicitly teach, wherein the determining the first position in the time duration for the search space further comprises determining the first position in the time duration for the search space based on an index of a radio frame and a slot index However, in the same field of endeavor Sartori teaches wherein the determining the first position in the time duration (specifies a time and frequency location) for the search space further comprises determining the first position in the time duration for the search space (UE may use search space rules to identify) based on an index of a radio frame and a slot index (PDCCH is located in the first several symbols (e.g., one to four symbols) of the subframe) (Sartori; [0027] control channel elements (CCEs), which are assigned to UEs via a mapping procedure that specifies a time and frequency location within the PDCCH. A particular PDCCH assignment/grant occupies one or more CCEs. The CCEs are often mapped to noncontiguous resource element groups (REGs) in order to achieve frequency diversity. A UE may use search space rules to identify possible CCEs that contain uplink/downlink grants for that UE. The search space rules may have provisions for a common search space. Search space rules also provide an upper bound for device complexity. The PDCCH 205 is located in the first several symbols (e.g., one to four symbols) of the subframe 200.) . It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Chen-Tang to include the above recited limitations as taught by Sartori in order to specify a time and frequency location within the PDCCH (Sartori; [0027]). Conclusion 07-40 AIA 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 WILFRED THOMAS whose telephone number is (571)270-0353. The examiner can normally be reached Mon -Thurs 9:00 am-4:00 pm. 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, Noel R Beharry can be reached at 571-270-5630. 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. /W. T/Examiner, Art Unit 2416 /SAI AUNG/Primary Examiner, Art Unit 2416 Application/Control Number: 18/664,394 Page 2 Art Unit: 2416 Application/Control Number: 18/664,394 Page 3 Art Unit: 2416 Application/Control Number: 18/664,394 Page 4 Art Unit: 2416 Application/Control Number: 18/664,394 Page 5 Art Unit: 2416 Application/Control Number: 18/664,394 Page 6 Art Unit: 2416 Application/Control Number: 18/664,394 Page 7 Art Unit: 2416
Read full office action

Prosecution Timeline

May 15, 2024
Application Filed
Dec 29, 2025
Non-Final Rejection mailed — §103
Mar 30, 2026
Response Filed
May 14, 2026
Examiner Interview (Telephonic)
Jun 03, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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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
77%
Grant Probability
99%
With Interview (+30.7%)
3y 1m (~11m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 279 resolved cases by this examiner. Grant probability derived from career allowance rate.

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