Prosecution Insights
Last updated: October 25, 2026
Application No. 18/740,100

Reference Determining Method and Apparatus, Communication Device, and Readable Storage Medium

Final Rejection §103
Filed
Jun 11, 2024
Priority
Dec 13, 2021 — CN 202111521970.2 +1 more
Examiner
MOREAU, AUSTIN J
Art Unit
2446
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
284 granted / 366 resolved
+19.6% vs TC avg
Strong +28% interview lift
Without
With
+28.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
22 currently pending
Career history
394
Total Applications
across all art units

Statute-Specific Performance

§101
9.6%
-30.4% vs TC avg
§103
66.4%
+26.4% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
8.5%
-31.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 366 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. This action is in response to communications filed on 7/24/2026. Claims 2-4 & 13-15 are cancelled. Claims 1, 5-12, & 16-20 remain pending. Claims 21-24 are added. Claims 1, 5-12, & 16-24 have been examined and are rejected. Priority This application is a continuation of PCT/CN2022/138131 and claims foreign priority to CN202111521970.2 filed 12/13/2021. Response to Arguments Applicant’s arguments filed in the communications above have been fully considered but are moot because the arguments do not apply to the combination of references being used in the current rejection. For at least these reasons, applicant’s arguments are considered not persuasive. 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 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1, 5-6, 8-10, 12, 16-17, 19-22, & 24 are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan et al. (US 2022/0095343 A1), hereinafter abbreviated as Khosh, in view of Ohara (US 2024/0064754 A1). With regard to Claim 1, Khosh teaches: A reference determining method, wherein the method comprises: obtaining, by a communication device, first information, wherein the first information is used for configuring a plurality of associated physical downlink control channel (PDCCH) candidates, and the communication device comprises at least one of the following: a terminal or a network-side device; (a user equipment (UE) may monitor for downlink control information (DCI) (e.g., one or more repetitions of the DCI) among a plurality of physical downlink control channel (PDCCH) candidates that are associated with each other [Khosh: 0131; 0143]); and determining, by the communication device based on the first information, a first reference for application delay for a PDCCH monitoring adaptation indication; (the UE may identify a reference timing rule based at least in part on the association between the plurality of PDCCH candidates [Khosh: 0131], wherein the reference timing rule may be applied to determine the reference time used in application of monitoring for the SFI index, SS set group switching flag, BWP change, etc. indicated in DCI repetition(s) carried among the plurality PDCCH candidates [Khosh: 0213; 0231-41], and wherein the UE may initiate a timer at the start of the set of upcoming slots based at least in part on the reference time and the search space (SS) set group switching flag [Khosh: 0161-63]); wherein the first reference is a reference point, the reference point being an ending time of a first time unit in which the first PDCCH candidate among the plurality of associated PDCCH candidates is located, and the first PDCCH candidate is a latest PDCCH candidate in time among the plurality of associated PDCCH candidates; (identifying that the reference timing rule defines the reference time as a PDCCH ending symbol that may be a last symbol of an earliest PDCCH candidate of a set of associated PDCCH candidates, or may be a last symbol of a last PDCCH candidate of a set of associated PDCCH candidates [Khosh: 0009-12; 0151]). However, Khosh does not teach (where underlining indicates the portion of each limitation not taught): and determining, by the communication device based on the first information, a first reference for application delay for a PDCCH monitoring adaptation indication; wherein the PDCCH monitoring adaptation indication is used to indicate a PDCCH skipping. In a similar field of endeavor involving PDCCH monitoring adaptations, Ohara discloses: and determining, by the communication device based on the first information, a first reference for application delay for a PDCCH monitoring adaptation indication; wherein the PDCCH monitoring adaptation indication is used to indicate a PDCCH skipping; (operations related to PDCCH monitoring include switching of the search space set group and skipping of PDCCH monitoring for a certain period of time, wherein timing to start and/or end the application of PDCCH monitoring skipping for a certain period of time and/or the duration of the application may be specified, or may be indicated from the base station to the terminal [Ohara: 0027-28]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khosh in view of Ohara in order to utilize the reference timing rule of Khosh with the PDCCH skipping of Ohara. One of ordinary skill in the art would have been motivated to combine Khosh with Ohara as doing so would keep the UE and gNB in sync by utilizing a specific PDCCH candidate (i.e. the reference timing rule) for additional types of timing-controlled PDCCH monitoring processes (i.e. PDCCH skipping), thereby preventing the UE from missing information from the gNB due to misaligned DRX sleep/wake cycles. With regard to Claim 5, Khosh-Ohara teaches: The method according to claim 1, wherein the determining, by the communication device based on the first information, a first reference for application delay for a PDCCH monitoring adaptation indication comprises: determining, by the communication device based on the first reference, a starting time of the application delay for the PDCCH monitoring adaptation indication; (the UE may monitor for one or more repetitions of the DCI indicating the SS set group switching flag among the plurality of PDCCH candidates, the SS set group switching flag may identify an updated SS set group that the UE is to use in a set of upcoming slots, wherein the UE may receive a configuration signal indicating a switching delay (e.g., Pswitch) between the DCI indicating the SS set group switching flag and the set of upcoming slots [Khosh: 0161-63; Fig. 4] such that the UE considers a first slot that is at least Pswitch symbols after the last symbol of the reference time [Khosh: 0159], and wherein the UE may initiate a timer at the start of the set of upcoming slots based at least in part on the reference time and the search space (SS) set group switching flag [Khosh: 0163]. Ohara teaches the timing to start and/or end the application of PDCCH monitoring skipping for a certain period of time and/or the duration of the application may be specified, or may be indicated from the base station to the terminal [Ohara: 0027-28]). With regard to Claim 6, Khosh-Ohara teaches: The method according to claim 1, wherein the method further comprises: determining, by the communication device based on the first information, a first reference for start or restart of a timer related to a search space set group; and the determining, by the communication device based on the first information, a first reference for start or restart of a timer related to a search space set group comprises: determining, by the communication device based on the first reference, a starting time or restarting time of the timer related to the search space set group; (the UE may initiate a timer at the start of the set of upcoming slots based at least in part on the reference time and the search space (SS) set group switching flag [Khosh: 0161-63]. Ohara teaches switching of the search space set or the search space set group may be specified, or may be indicated from the base station to the terminal [Ohara: 0027-28]). With regard to Claim 8, Khosh-Ohara teaches: The method according to claim 1, wherein the PDCCH monitoring adaptation indication is further used to indicate a search space set group switching indication; (the UE may monitor for one or more repetitions of the DCI indicating the SS set group switching flag among the plurality of PDCCH candidates, the SS set group switching flag may identify an updated SS set group that the UE is to use in a set of upcoming slots, wherein the UE may receive a configuration signal indicating a switching delay (e.g., Pswitch) between the DCI indicating the SS set group switching flag and the set of upcoming slots [Khosh: 0161-63; Fig. 4] such that the UE considers a first slot that is at least Pswitch symbols after the last symbol of the reference time [Khosh: 0159], and wherein the UE may initiate a timer at the start of the set of upcoming slots based at least in part on the reference time and the search space (SS) set group switching flag [Khosh: 0163]. Ohara teaches switching of the search space set or the search space set group may be specified, or may be indicated from the base station to the terminal [Ohara: 0027-28]). With regard to Claim 9, Khosh-Ohara teaches: The method according to claim 1, wherein downlink control information (DCI) of a PDCCH carried on the plurality of associated PDCCH candidates comprises at least one of the PDCCH monitoring adaptation indication or the DRX start offset indication; (the UE may monitor for one or more repetitions of the DCI indicating the SS set group switching flag among the plurality of PDCCH candidates, the SS set group switching flag may identify an updated SS set group that the UE is to use in a set of upcoming slots, wherein the UE may receive a configuration signal indicating a switching delay (e.g., Pswitch) between the DCI indicating the SS set group switching flag and the set of upcoming slots [Khosh: 0161-63; Fig. 4] such that the UE considers a first slot that is at least Pswitch symbols after the last symbol of the reference time [Khosh: 0159], and wherein the UE may initiate a timer at the start of the set of upcoming slots based at least in part on the reference time and the search space (SS) set group switching flag [Khosh: 0163]. Ohara teaches switching of the search space set or the search space set group may be specified, or may be indicated from the base station to the terminal [Ohara: 0027-28]). With regard to Claim 10, Khosh-Ohara teaches: The method according to claim 1, wherein the first time unit is at least one of: a symbol, a slot, a millisecond, a subframe, or a radio frame; (identifying that the reference timing rule defines the reference time as a PDCCH ending symbol that may be a last symbol of an earliest PDCCH candidate of a set of associated PDCCH candidates [Khosh: 0009-12; 0151]). With regard to Claims 12, 16-17, 19-22, & 24, they appear substantially similar to the limitations recited by claims 1, 5-6, & 8-10 and consequently do not appear to teach or further define over the citations provided for said claims. Accordingly, claims 12, 16-17, & 19-22, & 24 are rejected for the same reasons as set forth in claims 1, 5-6, & 8-10. Claims 7, 18, & 23 are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan et al. (US 2022/0095343 A1) in view of Ohara (US 2024/0064754 A1) as applied to Claims 1 & 12 above, and further in view of Bao et al. (US 2023/0239794 A1). With regard to Claim 7, Khosh-Ohara teaches: The method according to claim 1, wherein the method further comprises: determining, by the communication device based on the first information, a first reference for application delay for a offset indication, and the determining, by the communication device based on the first information, a first reference for application delay for a offset indication comprises: determining, by the communication device based on the first reference, a starting time of the application delay for the offset indication; (the UE may monitor for one or more repetitions of the DCI indicating the SS set group switching flag among the plurality of PDCCH candidates, the SS set group switching flag may identify an updated SS set group that the UE is to use in a set of upcoming slots, wherein the UE may receive a configuration signal indicating a switching delay (e.g., Pswitch) between the DCI indicating the SS set group switching flag and the set of upcoming slots [Khosh: 0161-63; Fig. 4] such that the UE considers a first slot that is at least Pswitch symbols after the last symbol of the reference time [Khosh: 0159], and wherein the UE may initiate a timer at the start of the set of upcoming slots based at least in part on the reference time and the search space (SS) set group switching flag [Khosh: 0163]. Ohara teaches the timing to start and/or end the application of PDCCH monitoring skipping for a certain period of time and/or the duration of the application may be specified, or may be indicated from the base station to the terminal [Ohara: 0027-28]). However, Khosh-Ohara does not teach that the application delay pertains to a DRX start offset indication. In a similar field of endeavor involving determining application delays, Bao discloses: an application delay for a DRX start offset indication; (a plurality of DRX groups share a drx-SlotOffset, which is the delay before starting the drx-onDurationTimer [Bao: 0063]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khosh-Ohara in view of Bao in order to utilize the reference timing rule of Khosh-Ohara with the DRX slot offset and timer of Bao. One of ordinary skill in the art would have been motivated to combine Khosh-Ohara with Bao as doing so would keep the UE and gNB in sync by utilizing a specific PDCCH candidate (i.e. the reference timing rule) for additional types of timing-controlled PDCCH monitoring processes (i.e. DRX), thereby preventing the UE from missing information from the gNB due to misaligned DRX sleep/wake cycles. With regard to Claims 18 & 23, they appear substantially similar to the limitations recited by claim 7 and consequently do not appear to teach or further define over the citations provided for said claim. Accordingly, claims 18 & 23 are rejected for the same reasons as set forth in claim 7. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevisan et al. (US 2022/0095343 A1) in view of Ohara (US 2024/0064754 A1) as applied to Claim 10 above, and further in view of Matsumara et al. (US 2024/0089986 A1). With regard to Claim 11, Khosh-Ohara teaches: The method according to claim 10, wherein a value of the first time unit in a first case and in a second case are different; (the reference timing rule defines the reference time as a PDCCH ending symbol that may be a last symbol of an earliest PDCCH candidate of a set of associated PDCCH candidates, or may be a last symbol of a last PDCCH candidate of a set of associated PDCCH candidates [Khosh: 0009-12; 0151]. Examiner notes that the time unit (i.e. symbol) will be determined differently depending on which particular PDCCH candidate is indicated by the reference timing rule). However, Khosh-Ohara does not teach: wherein the first case comprises that a time span occupied by the plurality of associated PDCCH candidates does not exceed one slot, and the second case comprises that a time span occupied by the plurality of associated PDCCH candidates exceeds one slot. In a similar field of endeavor involving identifying PDCCH candidates for a plurality of repetitions, Matsumara discloses: wherein the first case comprises that a time span occupied by the plurality of associated PDCCH candidates does not exceed one slot, and the second case comprises that a time span occupied by the plurality of associated PDCCH candidates exceeds one slot; (a plurality of PDCCH candidates for repetition may be present in the same (one) slot/span, or in different (a plurality of) slots/spans [Matsumara: 0107-13]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Khosh-Ohara in view of Matsumara in order to receive PDCCH in one slot/span in a first case, and receive PDCCH candidates in a plurality of slots/spans in a second case in the system of Khosh-Ohara. One of ordinary skill in the art would have been motivated to combine Khosh-Ohara with Matsumara as doing so would allow the network to control how candidates are distributed over time which can effect the total number of candidates that can be monitored overall by the UE. Conclusion Applicant’s amendment necessitated any new grounds 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 extension fee 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. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Ma et al. (US 2023/0098013 A1) which teaches an application delay in which the UE can determine the start of the PDCCH skipping periods according to Tstart and a reference point [0193]. In the case of amendments, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and support, for ascertaining the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUSTIN J MOREAU whose telephone number is (571) 272-5179. The examiner can normally be reached Monday-Friday 9:00 - 6:00 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, Rebecca Song can be reached on 571-270-3667. 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. /AUSTIN J MOREAU/Primary Examiner, Art Unit 2417
Read full office action

Prosecution Timeline

Jun 11, 2024
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §103
Jul 24, 2026
Response Filed
Oct 02, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12761616
SYSTEMS AND METHODS FOR MONITORING INDUSTRIAL SETTINGS WITH SENSOR KITS UTILIZING A DISTRIBUTED LEDGER
4y 7m to grant Granted Oct 13, 2026
Patent 12757217
METHOD AND APPARATUS FOR TRANSMITTING OR RECEIVING DOWNLINK CONTROL INFORMATION IN WIRELESS COMMUNICATION SYSTEM
4y 0m to grant Granted Oct 06, 2026
Patent 12739059
SLOT CONSISTENCY VERIFICATION METHOD AND RELATED DEVICE
2y 6m to grant Granted Sep 15, 2026
Patent 12732781
COMMUNICATION METHOD AND APPARATUS FOR MULTICAST AND BROADCAST SERVICE, MEDIUM, AND ELECTRONIC DEVICE
3y 1m to grant Granted Sep 08, 2026
Patent 12719844
PARTIAL USES OF CLUSTERED ACCESS RIGHTS
3y 8m to grant Granted Aug 25, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+28.3%)
2y 8m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 366 resolved cases by this examiner. Grant probability derived from career allowance 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