Prosecution Insights
Last updated: April 19, 2026
Application No. 18/684,386

METHOD, DEVICE AND COMPUTER STORAGE MEDIUM OF COMMUNICATION

Non-Final OA §103
Filed
Feb 16, 2024
Examiner
SEN, ANINDITA
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
87%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
62 granted / 75 resolved
+24.7% vs TC avg
Minimal +4% lift
Without
With
+3.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
51 currently pending
Career history
126
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
78.5%
+38.5% vs TC avg
§102
14.7%
-25.3% vs TC avg
§112
1.9%
-38.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 75 resolved cases

Office Action

§103
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 . Allowable Subject Matter Claim 36,42 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. 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. Claims 33-35,37-41,43-44 are rejected under 35 U.S.C. 103 as being unpatentable over Ye et al. (US20230422273A1) in view of Babaei et al. (US20220094484A1)(Support in Provisional “63/080,739”) Regarding Claim 33, Ye teaches, A method performed by a terminal device, the method comprising: receiving, from a network, a configuration indicating a first period and a first number of at least one time duration for multiple data transmissions within the first period; and [58]- The activating DCI may include a TDRA table entry for the UE to determine the time domain resources for the SPS. When the TDRA table is provided by the network in 405(=receiving, from a network, a configuration indicating a first period and a first number of at least one time duration for multiple data transmissions) [57]-In 405, the UE receives an SPS configuration from the gNB via RRC signaling. The parameters included in the SPS configuration include a number of HARQ processes associated with the SPS configuration the maximum number of HARQ processes parameter may correspond to the maximum number of PDSCHs in the SPS period(=a first period for multiple data transmissions within the first period) Ye does not teach, determining, based on the first number of the at least one time duration for the multiple data transmissions and an offset value for each of the multiple data transmissions and the first period, an identity of a hybrid automatic repeat request (HARQ) process for each of the multiple data transmissions within the first period. Babaei teaches, determining, based on the first number of the at least one time duration for the multiple data transmissions and an offset value for each of the multiple data transmissions and the first period, an identity of a hybrid automatic repeat request (HARQ) process for each of the multiple data transmissions within the first period.[159]- A parameter timeDomainOffset (=offset value) may indicate Offset related to the reference SFN indicated by timeReferenceSFN. A parameter timeReferenceSFN may indicate SFN used for determination of the offset(=(=determining, based on the first number of the at least one time duration for the multiple data transmissions and an offset value) of a resource in time domain. [159]- A parameter cg-nrofPUSCH-InSlot may indicate the number of consecutive PUSCH configured to CG within a slot where the SLIV indicating the first PUSCH and additional PUSCH appended with the same length.(=first period) [159]- parameter harq-ProcID-Offset, for operation with shared spectrum channel access, may configure the range of HARQ process IDs which may be used for this configured grant where the UE can select a HARQ process ID within [harq-procID-offset, . . . , (harq-procID-offset+nrofHARQ-Processes-1)].(= an identity of a hybrid automatic repeat request (HARQ) process for each of the multiple data transmissions within the first period.) It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ye determining, based on the first number of the at least one time duration for the multiple data transmissions and an offset value for each of the multiple data transmissions and the first period, an identity of a hybrid automatic repeat request (HARQ) process for each of the multiple data transmissions within the first period as taught by Babaei to add offset to sps periods and adjust with jitter to recover signal and data. Regarding Claim 34, Ye does not teach, The method according to Claim 33, wherein the offset value for a first data transmission among the multiple data transmissions within the first period equals 0, and the offset value for each of at least one data transmission after the first data transmission among the multiple data transmissions within the first period is determined based on the first number of the at least one time duration. Babaei teaches, The method according to Claim 33, wherein the offset value for a first data transmission among the multiple data transmissions within the first period equals 0, and [234] The wireless device may start or stop the configured grant timer for a specific HARQ process. the offset value for each of at least one data transmission after the first data transmission among the multiple data transmissions within the first period is determined based on the first number of the at least one time duration. [159]- A parameter cg-nrofSlots may indicate the number of allocated slots in a configured grant periodicity following the time instance of configured grant offset. It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ye The method according to Claim 33, wherein the offset value for a first data transmission among the multiple data transmissions within the first period equals 0, and the offset value for each of at least one data transmission after the first data transmission among the multiple data transmissions within the first period is determined based on the first number of the at least one time duration period as taught by Babaei to add offset to sps periods and adjust with jitter to recover signal and data. Regarding Claim 35, Ye does not teach, The method according to Claim 33, wherein the offset value is determined for a valid data transmission within the first period Babaei teaches, The method according to Claim 33, wherein the offset value is determined for a valid data transmission within the first period.[159]- A parameter timeDomainOffset may indicate Offset related to the reference SFN indicated by timeReferenceSFN. A parameter timeReferenceSFN may indicate SFN used for determination of the offset of a resource in time domain. It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ye The method according to Claim 33, wherein the offset value is determined for a valid data transmission within the first period as taught by Babaei to add offset to sps periods and adjust with jitter to recover signal and data. Regarding Claim 37, Ye does not teach, The method according to Claim 33, wherein the data transmission comprises a physical downlink shared channel (PDSCH), a physical uplink shared channel (PUSCH) or a physical sidelink shared channel (PSSCH) Babaei teaches,The method according to Claim 33, wherein the data transmission comprises a physical downlink shared channel (PDSCH), a physical uplink shared channel (PUSCH) or a physical sidelink shared channel (PSSCH). [142 ]- Similarly, an uplink physical channel (e.g., PUSCH or PUCCH) may be spatially quasi co-located with an uplink reference signal (e.g., SRS). It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ye The method according to Claim 33, wherein the data transmission comprises a physical downlink shared channel (PDSCH), a physical uplink shared channel (PUSCH) or a physical sidelink shared channel (PSSCH) as taught by Babaei to add offset to sps periods and adjust with jitter to recover signal and data. Regarding Claim 38, Ye does not teach, The method according to Claim 33, wherein the time duration comprises slot, mini-slot, or symbol. Babaei teaches,The method according to Claim 33, wherein the time duration comprises slot, mini-slot, or symbol. [159]- A parameter cg-nrofPUSCH-InSlot may indicate the number of consecutive PUSCH configured to CG within a slot where the SLIV indicating the first PUSCH and additional PUSCH appended with the same length.(=first period) It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ye The method according to Claim 33, wherein the time duration comprises slot, mini-slot, or symbol. as taught by Babaei to add offset to sps periods and adjust with jitter to recover signal and data. Regarding Claim 39, Ye teaches, A method performed by a terminal device, the method comprising: receiving, from a network, a configuration indicating a first period and a first number of at least one time duration for multiple data transmissions within the first period; and [58]- The activating DCI may include a TDRA table entry for the UE to determine the time domain resources for the SPS. When the TDRA table is provided by the network in 405(=receiving, from a network, a configuration indicating a first period and a first number of at least one time duration for multiple data transmissions) [57]-In 405, the UE receives an SPS configuration from the gNB via RRC signaling. The parameters included in the SPS configuration include a number of HARQ processes associated with the SPS configuration the maximum number of HARQ processes parameter may correspond to the maximum number of PDSCHs in the SPS period(=a first period for multiple data transmissions within the first period) Ye does not teach, determining, based on the first number of the at least one time duration for the multiple data transmissions and an offset value for each of the multiple data transmissions and the first period, an identity of a hybrid automatic repeat request (HARQ) process for each of the multiple data transmissions within the first period. Babaei teaches, determining, based on the first number of the at least one time duration for the multiple data transmissions and an offset value for each of the multiple data transmissions and the first period, an identity of a hybrid automatic repeat request (HARQ) process for each of the multiple data transmissions within the first period. [159]- A parameter timeDomainOffset (=offset value) may indicate Offset related to the reference SFN indicated by timeReferenceSFN. A parameter timeReferenceSFN may indicate SFN used for determination of the offset(=(=determining, based on the first number of the at least one time duration for the multiple data transmissions and an offset value) of a resource in time domain. [159]- A parameter cg-nrofPUSCH-InSlot may indicate the number of consecutive PUSCH configured to CG within a slot where the SLIV indicating the first PUSCH and additional PUSCH appended with the same length.(=first period) [159]- parameter harq-ProcID-Offset, for operation with shared spectrum channel access, may configure the range of HARQ process IDs which may be used for this configured grant where the UE can select a HARQ process ID within [harq-procID-offset, . . . , (harq-procID-offset+nrofHARQ-Processes-1)].(= an identity of a hybrid automatic repeat request (HARQ) process for each of the multiple data transmissions within the first period.) It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ye determining, based on the first number of the at least one time duration for the multiple data transmissions and an offset value for each of the multiple data transmissions and the first period, an identity of a hybrid automatic repeat request (HARQ) process for each of the multiple data transmissions within the first period as taught by Babaei to add offset to sps periods and adjust with jitter to recover signal and data. Regarding Claim 40, Ye does not teach, The terminal device according to Claim 39, wherein the offset value for a first data transmission among the multiple data transmissions within the first period equals 0, andthe offset value for each of at least one data transmission after the first data transmission among the multiple data transmissions within the first period is determined based on the first number of the at least one time duration. Babaei teaches, The terminal device according to Claim 39, wherein the offset value for a first data transmission among the multiple data transmissions within the first period equals 0, [234] The wireless device may start or stop the configured grant timer for a specific HARQ process. andthe offset value for each of at least one data transmission after the first data transmission among the multiple data transmissions within the first period is determined based on the first number of the at least one time duration. [159]- A parameter cg-nrofSlots may indicate the number of allocated slots in a configured grant periodicity following the time instance of configured grant offset. It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ye The terminal device according to Claim 39, wherein the offset value for a first data transmission among the multiple data transmissions within the first period equals 0, andthe offset value for each of at least one data transmission after the first data transmission among the multiple data transmissions within the first period is determined based on the first number of the at least one time duration as taught by Babaei to add offset to sps periods and adjust with jitter to recover signal and data. Regarding Claim 41, Ye does not teach, The terminal device according to Claim 39, wherein the offset value is determined for a valid data transmission within the first period. Babaei teaches, The terminal device according to Claim 39, wherein the offset value is determined for a valid data transmission within the first period. [159]- A parameter timeDomainOffset may indicate Offset related to the reference SFN indicated by timeReferenceSFN. A parameter timeReferenceSFN may indicate SFN used for determination of the offset of a resource in time domain. It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ye The terminal device according to Claim 39, wherein the offset value is determined for a valid data transmission within the first period as taught by Babaei to add offset to sps periods and adjust with jitter to recover signal and data. Regarding Claim 43, Ye does not teach, The method according to Claim 33, wherein the data transmission comprises a physical downlink shared channel (PDSCH), a physical uplink shared channel (PUSCH) or a physical sidelink shared channel (PSSCH) Babaei teaches,The method according to Claim 33, wherein the data transmission comprises a physical downlink shared channel (PDSCH), a physical uplink shared channel (PUSCH) or a physical sidelink shared channel (PSSCH). [142]- Similarly, an uplink physical channel (e.g., PUSCH or PUCCH) may be spatially quasi co-located with an uplink reference signal (e.g., SRS). It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ye The method according to Claim 33, wherein the data transmission comprises a physical downlink shared channel (PDSCH), a physical uplink shared channel (PUSCH) or a physical sidelink shared channel (PSSCH) as taught by Babaei to add offset to sps periods and adjust with jitter to recover signal and data. Regarding Claim 44, Ye does not teach, The terminal device according to Claim 39, wherein the time duration comprises slot, mini-slot, or symbol. Babaei teaches, The terminal device according to Claim 39, wherein the time duration comprises slot, mini-slot, or symbol. [159]- A parameter cg-nrofPUSCH-InSlot may indicate the number of consecutive PUSCH configured to CG within a slot where the SLIV indicating the first PUSCH and additional PUSCH appended with the same length.(=first period) It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ye The terminal device according to Claim 39, wherein the time duration comprises slot, mini-slot, or symbol as taught by Babaei to add offset to sps periods and adjust with jitter to recover signal and data. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anindita Sen whose telephone number is (571)-272-2390. The examiner can normally be reached 7:30am-5:30pm. 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, Joseph Avellino can be reached on (571)-272-3905. 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. /ANINDITA SEN/ Examiner, Art Unit 2478 /KODZOVI ACOLATSE/Primary Examiner, Art Unit 2478
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Prosecution Timeline

Feb 16, 2024
Application Filed
Mar 18, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
87%
With Interview (+3.9%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 75 resolved cases by this examiner. Grant probability derived from career allow rate.

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