Prosecution Insights
Last updated: April 19, 2026
Application No. 18/690,143

POWER CONTROL AND LINK ADAPTATION ASSOCIATED WITH CROSS-DIVISION DUPLEX (XDD)

Non-Final OA §103
Filed
Mar 07, 2024
Examiner
AMBAYE, MEWALE A
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
InterDigital Patent Holdings, Inc.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
90%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
747 granted / 817 resolved
+33.4% vs TC avg
Minimal -1% lift
Without
With
+-1.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
32 currently pending
Career history
849
Total Applications
across all art units

Statute-Specific Performance

§101
4.6%
-35.4% vs TC avg
§103
55.0%
+15.0% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 817 resolved cases

Office Action

§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 . This communication is response to claims filed on 03/11/24 via a preliminary amendment, which is considered by the examiner. Claims 21-40 are presented for examination. Claims 1-20 are canceled. Claims 21-40 are newly added. Information Disclosure Statement’s 6. The information disclosure statement(s) submitted on 03/07/24 have being considered by the examiner and made of record in the application file. Drawing 7. The drawings filed on 03/07/24 are accepted by the examiner. Claims Objections 8. Claims 21-30 & 35 are objected to because of minor informalities: 9. Claim 21, in part, recites, “…memory…” in line 2. Since it is recited for the first time in the claim, for clarity it is suggested to change “memory” to “a memory”. 10. Claims 22-30 are also objected since they are depend upon objected independent claim set forth above. 11. Claim 21, in part, recites, “…memory…” in line 2 & in line 11. For consistency and clarification with “memory” recited in claim 21, line 2, it is suggested to change “memory” in line 2 & in line 11, to “the memory”. 12. Claims 29-30 are also objected for the same reason as claim 21 above. 13. Claims 22-28 are also objected since they are depend upon objected independent claim set forth above. 14. Claim 25, in part, recites, “…UL/Downlink (DL)…” in line 2. It is suggested to clarify the use of words instead of “/”. 15. Claim 35 is also objected for the same reason as claim 25 above. Appropriate correction is required. Claim Rejections - 35 USC § 103 16. 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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 17. Claims 21, 25-26, 30-31, 35-36 & 40 are rejected under 35 U.S.C. 103 as being unpatentable over Breuer et al. (hereinafter referred as Breuer) US Patent Application Publication No. 2009/0180406 A1, in view of Sakhnini et al. (hereinafter referred as Sakhnini) US Patent Application Publication No. 2022/0369384 A1. Regarding claims 21 & 31: Breuer discloses a wireless transmit/receive unit (WTRU) comprising: receive an indication of one or more reference resource blocks (RBs) (corresponding to radio transmission resources); receive a dynamic grant associated with transmission of an uplink (UL) signal, wherein the dynamic grant indicates a first set of RBs (See FIG. 3 & Para. 0040-0042; To minimize or to prevent disturbances or interference of the second radio communication system FKS2 with the first radio communication system FKS1, the two radio communication systems FKS1 and FKS2 form by means of a connection or by an exchange of information planning information designated as a priori knowledge in the text which follows for establishing and operating radio links in both radio communication systems FKS1 and FKS2. The priori knowledge contains at least the radio transmission resources of the frequency ranges FB1 and FB2, used or occupied for a radio transmission by the first radio communication system FKS1. In addition, it comprises the radio transmission resources of the third frequency range FB3, required by the second radio communication system FKS2 for establishing and carrying out a connection); determine a frequency gap (FG) between the first set of RBs indicated by the dynamic grant and at least a first reference RB of the one or more reference RBs (See FIG. 1A & Para. 0052; obtain additional radio transmission resources, for example in the two guard bands GBN1 and GBN2, respectively, resource schedulers of the first radio communication system FKS1 and the second radio communication system FKS2 must have a priori knowledge about the state of the respective other radio communication system for the guard bands GBN1 and GBN2); adjust one or more transmit (Tx) parameters based on the determined FG (See FIG. 2 & Para. 0062; the use of transmitting power values of between Pmax1 and Pmax2 is dependent on the spacing between the frequencies or subcarriers considered since a system filtering effect is increased with increasing distance and thus the effectiveness of the used transmitting power as disturbance decreases in the receiving case), wherein when the determined FG between the first set of RBs indicated by the dynamic grant and at least the first reference RB is less than a pre-defined threshold (See FIG. 3 & Para. 0070; Subcarriers SUB1 and SUB2, respectively, used in the frequency ranges FB1 and FB2 are transmitted with a uniform transmitting power P12 while subcarriers SUB3 used in the frequency range FB3 are transmitted with a nonuniform transmitting power PV in order to minimize interference in the two frequency ranges FB1 and FB2.), the processor and memory are configured to reduce one or more of the Tx parameters including a transmit power (See Para. 0046; lowering the transmitting power, a decrease in the interference can be achieved in the case of critical pairings of radio transmission resources); and transmit the UL signal using the adjusted one or more Tx parameters (See FIG. 3 & Para. 0070; subcarriers SUB3 used in the frequency range FB3 are transmitted with a nonuniform transmitting power PV in order to minimize interference in the two frequency ranges FB1 and FB2). Breuer does not explicitly disclose a wireless transmit/receive unit (WTRU) comprising: a processor and memory. However, Sakhnini from the same field of endeavor discloses a wireless transmit/receive unit (WTRU) (See FIG. 12 & Para. 0162; a User Equipment (UE) 1204) comprising: a processor(See FIG. 12 & Para. 0162; a User Equipment (UE) 1204 includes Processor 1206) and memory (See FIG. 12 & Para. 0162; a User Equipment (UE) 1204 includes a memory 1226), wherein the processor and memory are configured to: receive an indication of one or more reference resource blocks (RBs) (See FIG. 4 & Para. 0074; reference physical resource block (PRB)), receive a dynamic grant associated with transmission of an uplink (UL) signal (See Para. 0081; the UE receives a second random message that includes an uplink grant), wherein the dynamic grant indicates a first set of RBs, and determine a frequency gap (FG) between the first set of RBs indicated by the dynamic grant and at least a first reference RB of the one or more reference RBs (See Para. 0099; The frequency gap may be determined based on respective reference frequencies of the first BWP and the second BWP. For one example, the frequency location gap may be a frequency location gap determined as the frequency gap between the center frequency of the first BWP and the center frequency of the second BWP. For another example, the frequency location gap may be determined as the frequency gap between the upper limit of the first BWP and the upper limit of the second BWP). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a wireless transmit/receive unit (WTRU) comprising: a processor and memory as taught by Sakhnini in the system of Breuer to select a random access channel (RACH) resource and communicate initial access message (See Para. 0005; lines 2-3). Regarding claims 25 & 35: The combination of Breuer and Sakhnini discloses a wireless transmit/receive unit (WTRU)/method. Furthermore, Sakhnini discloses a wireless transmit/receive unit (WTRU)/method, wherein the UL signal is transmitted using one or more symbols, and wherein at least one of the one or more symbols is a mixed UL/downlink (DL) symbol in a bandwidth part (See Para. 00055-0056; the symbols on UL is CP-OFDM symbol). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the UL signal is transmitted using one or more symbols, and wherein at least one of the one or more symbols is a mixed UL/downlink (DL) symbol in a bandwidth part as taught by Sakhnini in the system of Breuer to select a random access channel (RACH) resource and communicate initial access message (See Para. 0005; lines 2-3). Regarding claims 26 & 36: The combination of Breuer and Sakhnini discloses a wireless transmit/receive unit (WTRU)/method. Furthermore, Breuer discloses a wireless transmit/receive unit (WTRU)/method, wherein the FG is a difference in frequency between the first set of RBs and the first reference RB (See FIG. 1A & Para. 0052; To be able to obtain additional radio transmission resources, for example in the two guard bands GBN1 and GBN2, respectively, resource schedulers of the first radio communication system FKS1 and the second radio communication system FKS2 must have a priori knowledge about the state of the respective other radio communication system for the guard bands GBN1 and GBN2). Regarding claims 30 & 40: The combination of Breuer and Sakhnini discloses a wireless transmit/receive unit (WTRU)/method. Furthermore, Sakhnini discloses a wireless transmit/receive unit (WTRU)/method, wherein the processor and memory are further configured to receive an explicit identification of at least one of the one or more reference RBs (See Para. 0081; The RAR may include, for example, an identifier of the random access preamble sent by the UE, a time advance (TA), an uplink grant for the UE to transmit data, cell radio network temporary identifier (C-RNTI) or other identifier). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the processor and memory are further configured to receive an explicit identification of at least one of the one or more reference RBs as taught by Sakhnini in the system of Breuer to select a random access channel (RACH) resource and communicate initial access message (See Para. 0005; lines 2-3). 18. Claims 27-28 & 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Breuer, in view of Sakhnini, further in view of Nakamori et al. (hereinafter referred as Nakamori) US Patent Application Publication No. 2012/0243429 A1. Regarding claims 27 & 37: The combination of Breuer and Sakhnini discloses wherein the one or more Tx parameters comprises a transmit power (See Breuer; Para. 0046; transmitting power) but fails to disclose the one or more Tx parameters comprises a MCS level. However, Nakamori from the same field of endeavor discloses a MCS level (See Para. 0252; modulation scheme (i.e., MCS level)). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a MCS level as taught by Nakamori in the combined system of Sakhnini and Breuer to appropriately measure a radio quality when multicarrier transmission is performed (See Para. 0025; lines 2-3). Regarding claims 28 & 38: The combination of Breuer, Sakhnini and Nakamori disclose a wireless transmit/receive unit (WTRU)/method. Furthermore, Nakamori discloses a wireless transmit/receive unit (WTRU)/method, wherein the transmit power or the MCS level is adjusted based on multiple thresholds (See Para. 0191 & 0196; the first threshold value may have a value of 5 as an example when 0 to 15 are defined as the MCS level). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the transmit power or the MCS level is adjusted based on multiple thresholds as taught by Nakamori in the combined system of Sakhnini and Breuer to appropriately measure a radio quality when multicarrier transmission is performed (See Para. 0025; lines 2-3). Allowable Subject Matter 19. Claims 22-24, 29, 32-34 & 39 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. Conclusion 20. The prior art of record and not relied upon is considered pertinent to applicant’s disclosure. A. Elazzouni et al. 2024/0215106 A1 (Title: Sidelink time division multiplex in-device coeexistenec) (See Abstract, Para. 0012 & 0037-0038). B. Hui et al. 2024/0155574 A1 (Title: Priority indication for multiple consecutive slots transmission) (See abstract, Para. 0006 & 00813-0016). C. Chae et al. 2023/0354211 A1 (Title: Power control for sidelink beamforming) (See FIG. 1, Para. 0046, 0050 & 0160). 21. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEWALE A AMBAYE whose telephone number is (571)270-1076. The examiner can normally be reached on M.F 6a.m.-2p.m.. 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, Ian Moore can be reached on (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MEWALE A AMBAYE/Primary Examiner, Art Unit 2469
Read full office action

Prosecution Timeline

Mar 07, 2024
Application Filed
Feb 13, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604353
COMMUNICATION SYSTEM AND COMMUNICATION CONTROL METHOD TO AVOID UNINTENDED CONTROL ON MULTIPLE COMMUNICATION DEVICES
2y 5m to grant Granted Apr 14, 2026
Patent 12598603
USER EQUIPMENT PREEMPTION OF SIDELINK COMMUNICATIONS
2y 5m to grant Granted Apr 07, 2026
Patent 12598516
INTELLIGENT ALLOCATION OF INTERNET PROTOCOL (IP) MULTIMEDIA SUBSYSTEM (IMS) RESOURCES
2y 5m to grant Granted Apr 07, 2026
Patent 12598025
METHOD AND DEVICE TO IMPROVE RECEPTION/TRANSMISSION RELIABILITY, AND PROVIDE COMMUNICATION FLEXIBILITY AND EFFICIENCY
2y 5m to grant Granted Apr 07, 2026
Patent 12592754
SPATIAL QUANTIZATION FOR SPHERICAL COVERAGE OF USER EQUIPMENT
2y 5m to grant Granted Mar 31, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
90%
With Interview (-1.3%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 817 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month