Prosecution Insights
Last updated: October 01, 2026
Application No. 18/690,197

METHOD AND APPARATUS FOR TRANSMITTING POWER HEADROOM REPORT RELATED TO NON-SERVING CELL IN WIRELESS COMMUNICATION SYSTEM

Final Rejection §103
Filed
Mar 07, 2024
Priority
Oct 07, 2021 — RE 10-2021-0133332 +1 more
Examiner
LE, LANA N
Art Unit
2648
Tech Center
2600 — Communications
Assignee
LG Electronics Inc.
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
502 granted / 615 resolved
+19.6% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
35 currently pending
Career history
648
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
56.2%
+16.2% vs TC avg
§102
20.9%
-19.1% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 615 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 . Response to Arguments Applicant's arguments filed 06/04/2026 have been fully considered but they are not persuasive. Regarding claims 1, 5, 9, and 10, applicant argues Zhao et al fails to disclose or suggest adjusting PHR content based on the instantaneous transmission status of a cell. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., adjusting PHR content based on the instantaneous transmission status of a cell) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant further argues that Zhao uses LCIDs merely to distinguish between different MAC CE formats or bitmap lengths, by contrast, amended claim 1, the information included in the PHR MAC CE explicitly indicates to the network that the PHR MAC CE includes only the power headroom information for the non-serving cell, this informs the gNB that the serving cell PH was not omitted due to a configuration error, but because there was no transmission, allowing for more precise scheduling. However, since the limitation logical channel identifier or LCID has been deleted in the amended claims, whether Zhao discloses using LCIDs or not is irrelevant based on the current claims. Zhao et al in fact do teach the information included in the PHR MAC CE indicates to the network that the PHR MAC CE includes only the power headroom information for the second/non-serving cell (paras. [0055], [0057], [0113], [0115]-[0116]). Also, since applicant did not specifically challenge or argue in the arguments any teaching or matter in the cited reference, Uchino et al, applicant’s argument and amendment are moot in view of the new grounds of rejection, Zhao et al (US 2021/0,068,061) in view of Uchino et al (US 2022/0,210,852). 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 1, 2, 5-6, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al (US 2021/0,068,061; hereinafter Zhao) in view of Uchino et al (US 2022/0,210,852; hereinafter Uchino). Regarding claim 1, 5, 9, and 10, Zhao disclose a method, an apparatus for a user equipment (UE), a user equipment (UE) (Fig. 10; terminal), a non-transitory computer readable storage medium storing at least one computer program comprising instructions executed by at least one processor (paras. [0031], [0060]), the UE comprising: at least one processor (1000); and at least one computer memory (1020 storing instructions that, when executed, cause the at least one processor cause the UE to perform operations (paras. [0232]-[0235]) comprising: based on a power headroom report (PHR) being triggered, determining a user equipment (UE) power headroom information for a serving cell and power headroom information for a second cell associated with the serving cell of the plurality of cells (the terminal determines that there is a PHR trigger, and when the PHR trigger condition is met, the terminal will trigger the PHR, when the terminal reports the PHR MAC CE to each base station, the PHR MAC CE includes PH information of all cells configured or activated for the terminal; paras. [0008], [0130]); generating, by the UE, a PHR medium access control (MAC) control element (CE) (PHR implements reporting using a Power Headroom MAC Control Element (PHR MAC CE), the terminal reports power headroom information to the network side; ¶ [0008]); and transmitting, by the UE, the PHR MAC CE to a network (the UE/terminal reports power headroom information to the network side/node to assist the network side to perform uplink scheduling, the terminal reports the PHR MAC CE to each base station; paras. [0008], [0018]-[0019]), [0130]); wherein, based on there being no uplink transmission on the serving cell (e.g. serving cell of the UE/terminal) in determining the power headroom information for the serving cell, the PHR MAC CE includes power headroom information for the non-serving cell, and further includes information (e.g. CC number or LCID value allocated by the target network side device to the UE/terminal included in the PHR MAC CE; paras. [0115]-[0116]) indicating that the PHR MAC CE includes only the power headroom information for the second/non-serving cell of the UE/terminal (when there is no current transmission on the serving cell of the UE/terminal and the target network side device is the master node (MN) of the terminal, the PHR MAC CE includes only PH information of a serving cell of the target network side/node (e.g. MN) which is interpreted as a non-serving cell of the UE/terminal; or when there is no current transmission on the serving cell of the UE/terminal and the target network side device is the secondary node (SN) of the terminal, the PHR MAC CE includes only PH information of a serving cell of the target network side/node (e.g. SN) which is interpreted as a non-serving cell of the UE/terminal; paras. [0004], [0010], [0016]-[0019], [0055], [0057], [0113]; Fig. 2). Zhao do not explicitly disclose/recite a non-serving cell. In the same field of endeavor, Uchino disclose the second cell is a non-serving/neighboring cell associated with the first cell (¶ [0115]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to have another cell, e.g. neighboring cell associated with the serving cell of the user terminal device be the non-serving cell. Regarding claim 2 and 6, Zhao and Uchino disclose the method and UE of claim 1 and 5 respectively, wherein, based on there being a transmission through the serving cell when the power headroom information for the serving cell is determined, the PHR MAC CE includes power headroom information for the serving cell and power headroom information for the second/non-serving cell (when there is current uplink carrier configured by the UE/terminal, PHR MAC CE includes PH information of multiple cells, e.g. PHR MAC CE includes the PH information a primary serving cell (Pcell) of the UE/terminal and the serving cell of the target network side/node (SN) which is interpreted as a non-serving cell of the UE/terminal; Zhao, paras. [0142], [0011], [0021], [0045]); Figs. 3, 4), and further includes an information indicating that the PHR MAC CE includes both the power headroom information for the serving cell and the power headroom information for the non-serving cell (for a multiple entry PHR MAC CE, using different logical channel identifiers or the CC number allocated by the target network side device to the terminal; Zhao, paras. [0108], [0110], [0122]). Claims 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al (US 2021/0,068,061; hereinafter Zhao) in view of Uchino et al (US 2022/0,210,852 further in view of Dinan (US 2018/0,279,234). Regarding claim 3 and 7, Zhao and Uchino disclose the method and UE of claim 1 and 5 respectively, wherein Zhao disclose based on the PHR MAC CE including at least one of the power headroom information for the serving cell and the power headroom information for the non-serving cell, a power headroom information presence field associated with the serving cell (paras. [0036], [0051], [0090]-[0091], [0174], [0191]). Zhao and Uchino do not disclose based on the PHR MAC CE including at least one of the power headroom information for the serving cell and the power headroom information for the non-serving cell, a power headroom information presence field associated with the serving cell is set to 1. In the same field of endeavor, Dinan disclose based on the PHR MAC CE including at least one of the power headroom information for the serving cell and the power headroom information for the non-serving cell, a power headroom information presence field associated with the serving cell is set to 1 (according to an embodiment, a bit in the presence field may indicate that one or more power headroom fields are present for a corresponding secondary cell when the bit is set to one; Dinan, paras. [0210], [0212]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to do so in order to indicate that one or more power headroom fields are present for a corresponding secondary cell (Dinan, para. [0212]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. - Liu et al (US 2022/0,369,244) disclose a method at a UE comprising calculating a power headroom (PH) according to additional SRS if SRS is transmitted on the additional SRS symbol in a normal subframe; and reporting at least one type of the PH calculated according to the additional SRS, type-3 PH and type-1 PH by a MAC CE - MolavianJazi et al (US 2020/0,053,724) disclose a method for uplink transmission power allocation, the method includes determining whether a configuration parameter corresponding to at least one of a first uplink carrier and a second uplink carrier for a serving cell is configured, and computing the power headroom report for the serving cell based on a reference transmission on the uplink carrier - Yi et al (US 2015/0,063,275) disclose a method and a user equipment (UE) are described for transmitting power headroom (PH) information in a wireless communication system wherein a PH MAC CE is transmitted including PH information for both the primary cell and the at least one secondary cell THIS ACTION IS MADE FINAL. 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 LANA N LE whose telephone number is (571) 272-7891. The examiner can normally be reached M-F 9:00am-5:00pm. 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, Wesley Kim, can be reached at (571) 272-7867. 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. /LANA N LE/Primary Examiner, Art Unit 2648
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Prosecution Timeline

Mar 07, 2024
Application Filed
Mar 04, 2026
Non-Final Rejection mailed — §103
Jun 04, 2026
Response Filed
Aug 31, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
96%
With Interview (+13.9%)
2y 11m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 615 resolved cases by this examiner. Grant probability derived from career allowance rate.

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