Prosecution Insights
Last updated: July 17, 2026
Application No. 18/725,640

METHODS, DEVICES, AND COMPUTER READABLE MEDIUM FOR COMMUNICATION

Non-Final OA §102
Filed
Jun 28, 2024
Priority
Dec 31, 2021 — nonprovisional of PCTCN2021143739
Examiner
HARPER, KEVIN C
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
852 granted / 970 resolved
+27.8% vs TC avg
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
33 currently pending
Career history
997
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
71.2%
+31.2% vs TC avg
§102
12.8%
-27.2% vs TC avg
§112
2.9%
-37.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 970 resolved cases

Office Action

§102
CTNF 18/725,640 CTNF 75439 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 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. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim s 39, 41-42, 49, 52 and 58 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Ren et al. (US 2024/0129759) . Regarding claim 39, Ren discloses a communication method (figs. 2-4 and 6-7), comprising: receiving, at a terminal device (115-g) and from a network device (105-f), downlink information for triggering a report (step 610); determining, at the terminal device, whether an inference failure occurs in a data processing model (step 615); and transmitting the report to the network device (step 620), wherein the report at least indicates whether the inference failure occurs in the data processing model (para. 130-132). Regarding claim 41, Ren discloses the method of claim 39, wherein the report comprises at least one of: an inference failure indicator , or a CSI corresponding to the inference failure indicator, and wherein the inference failure indicator indicates whether the inference failure occurs in the data processing model (fig. 6 and paras. 130-132). Regarding claim 42, Ren discloses the method of claim 41, wherein the downlink information indicates (para. 106) whether the report comprises the inference failure indicator or not (paras. 114; note: failure report as opposed to a model status report). Regarding claims 49 and 52, these limitations are rejected on the same ground as claims 39 and 42, respectively, from the perspective of the network device. Regarding claim 58, Ren discloses a terminal device comprising: a processor; and a memory coupled to the processor and storing instructions thereon, the instructions, when executed by the processor, causing the terminal device to perform acts (paras. 290-292) comprising the method according to claim 39 . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 40, 43-48, 50-51 and 53-57 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to teach or suggest a combined AI/ML and channel state report such that an AI/ML failure report has the features or a format of a channel state report as claimed . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (US 2017/0064705) discloses a CSI report having a predefined value (para. 106). Madadi et al. (US 2022/0338189) discloses an ML based CSI report (para. 9) . Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Harper whose telephone number is 571-272-3166. The examiner can normally be reached weekdays from 11:00 AM to 7:00 PM ET. 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, Yemane Mesfin, can be reached at 571-272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. For non-official communications, the examiner’s e-mail address is kevin.harper@uspto.gov (MPEP 502.03 – A copy of all received emails relating to an application including proposed amendments and excluding scheduling information for interviews will be placed informally into the application file). 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. /Kevin C. Harper/ Primary Examiner, Art Unit 2462 Application/Control Number: 18/725,640 Page 2 Art Unit: 2462 Application/Control Number: 18/725,640 Page 3 Art Unit: 2462 Application/Control Number: 18/725,640 Page 4 Art Unit: 2462 Application/Control Number: 18/725,640 Page 5 Art Unit: 2462
Read full office action

Prosecution Timeline

Jun 28, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102 (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

1-2
Expected OA Rounds
88%
Grant Probability
94%
With Interview (+6.4%)
2y 9m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 970 resolved cases by this examiner. Grant probability derived from career allowance rate.

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