Prosecution Insights
Last updated: October 02, 2026
Application No. 18/744,734

METHOD AND DEVICE IN NODES USED FOR WIRELESS COMMUNICATION

Final Rejection §103§112
Filed
Jun 17, 2024
Priority
Jan 07, 2022 — CN 202210016116.9 +1 more
Examiner
JANGBAHADUR, LAKERAM
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Apogee Networks LLC
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
676 granted / 771 resolved
+29.7% vs TC avg
Strong +23% interview lift
Without
With
+23.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
44 currently pending
Career history
818
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
60.9%
+20.9% vs TC avg
§102
11.8%
-28.2% vs TC avg
§112
18.4%
-21.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 771 resolved cases

Office Action

§103 §112
DETAILED ACTION In the amendment filed July 15, 2026, claims 1, 3, 4, 8, 10, 11, 14 and 17 are amended, claims 2, 5-7, 9, 12, 13, 15, 16 and 18-20 are cancelled, claims 21-23 are new and claims 1, 3, 4, 8, 10, 11, 14, 17 and 21-23 are currently pending for examination. Response to Arguments Regarding Specification objections applicant’s arguments, see page 12 paragraphs 3, filed July 15, 2026, with respect to the Title have been fully considered and are persuasive. The Specification objections have been withdrawn. Regarding 35 U.S.C. 103 applicant’s arguments, see page 12 paragraphs 4 – page 14, filed July 15, 2026, with respect to claims 1, 8, 11, 14, and 17 have been fully considered and are not persuasive. Regarding claims 1, 8 and 14, the applicant argued that, see page 14 lines 15-22, “…However, ZTE does not disclose that a UE receives RRC signaling that indicates whether a determination of a configured maximum output power is based on a MPR of a DFT-s-OFDM waveform or an MPR of a CP-OFDM waveform. ZTE does not disclose that RRC configuration indicates to the UE the type of waveform whose MPR is used to determine the configured maximum output power. Furthermore, ZTE does not disclose that when transform precoding is enabled, the configured maximum output power is determined based on the MPR of the CP- OFDM waveform that is used by the physical layer channel when the transform precoding is not enabled. Thus, Yokomakura and ZTE do not disclose or suggest the subject matter of amended claim 1. Withdrawal of the 35 U.S.C. § 103 rejection of claim 1 is respectfully requested. In response to applicant's argument, the examiner respectfully disagrees with the argument above. See Section 5 below. Regarding amended claims 1, 9 and 17, Yokomakura clearly teaches a receiver (see Fig.7, receiver 105) configured to receive radio resource control (RRC) signaling (see para, 0110, whether the terminal apparatus 1 uses the PUSCH transmission for which the transform precoding is enabled or uses the PUSCH transmission for which the transform precoding is not enabled is indicated by the base station apparatus 3 through the RRC signaling) that indicates whether a determination of a configured maximum output power is based on a maximum power reduction (MPR) of a Discrete Fourier Transform-Spread- Orthogonal Frequency Division Multiplexing (DFT-s-OFDM) waveform or an MPR of a Cyclic Prefix-Orthogonal Frequency Division Multiplexing (CP-OFDM) waveform (see para. 0110, 0120, 0133-0142, using the CP-OFDM waveform and DFT-OFDM waveform, to calculate/determine, the MPR and transmitting/enabling the respective waveform based on the MPR to the terminal apparatus 1 through the RRC and switch the waveforms through the DCI); and a transmitter (see Fig.7, Transmitter 107) configured to transmit the configured maximum output power on a physical layer channel, wherein transform precoding is enabled (see para. 0110, 0138-0142, determining a report timing of the power headroom, and transmits the power headroom on a channel of configured link of a waveform / transform precoding is enabled, the PHR indicates a reference power value, see also para. 0110, 0120, 0139-0142, the reference power value is calculated / configured maximum output power, see also Equations 3 and 4), wherein in response to transform precoding being enabled, the physical laver channel uses DFT-s-OFDM waveform (see para. 0110, the terminal apparatus 1 uses the DFT-S-OFDM in a case that the transform precoding for the physical uplink shared channel is enabled), and uses the CP-OFDM waveform that is used by the physical layer channel when the transform precoding is not enabled (see para. 0110, whether to enable the transform precoding is switch between using the DFT-S-OFDM for the PUSCH an using the CP-OFDM for the PUSCH transmission. Whether the terminal apparatus 1 uses the PUSCH transmission for which the transform precoding is enabled or uses the PUSCH transmission for which the transform precoding is not enabled is indicated by the base station apparatus 3 through the RRC signaling, see also para. 041-0142); the Examiner further states that, ZTE teaches a mobile station transmitting a first reference power value (see section 2.1, section 3, UE transmitting reference power value) and wherein a configured maximum output power is determined based on the MPR of the CP-OFDM waveform (see section 2.1, section 3, determining/calculating MPR for a DFT-S-OFDM waveform and CP-OFDM, since CP-OFDM has higher PAPR than DFT-S-OFDM, the maximum transmission power is back off when CP-OFDM is applied to UE, the power offset is a specified value based on the difference of CM between CP-OFDM and DFT-S-OFDM). Claim Objections Claims 3 and 10 are objected to because of the following informalities: Claim 3 recites “The UE according to claim 2" in line 1. However claim 2 is cancel. Please change to, “The UE according to claim 1 Claim 10 recites “The base station according to claim 9" in line 1. However claim 9 is cancel. Please change to, “The base station according to claim 8 . Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. Claims 1, 3, 4, 8, 10, 11, 14, 17 and 21-23 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 has been amended to recite in lines 11-12, " ... wherein the configured maximum output power is determined based on the MPR of the CP-OFDM waveform that is used by the physical layer channel when the transform precoding is not enabled” . Neither the claim nor the specification further describe, “wherein the configured maximum output power is determined based on the MPR of the CP-OFDM waveform that is used by the physical layer channel when the transform precoding is not enabled”. Paragraph 0196 of instant application disclose, “In one embodiment, the first waveform is a waveform when transformation precoding is enabled, and the second waveform is a waveform when transformation precoding is not enabled: or, the second waveform is a waveform when transformation precoding is enabled, and the first waveform is a waveform when transformation precoding is not enabled.” The claims and the specification of the instant application does not describe the method/step, “wherein the configured maximum output power is determined based on the MPR of the CP-OFDM waveform that is used by the physical layer channel when the transform precoding is not enabled”. Therefore claim 1 is rejected under 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement The subject matter was not described in the specification (see paragraphs 0193-0194, 0196, 1014) in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and /or use the invention. Claims 8 and 14 are also rejected for the same reason as set forth above for claim 1. Claims 3, 4, 8, 10, 11, 17 and 21-23 are also rejected since they are dependent on the rejected independent claims 1 and 14, respectfully, as set forth above. 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. Claims 1, 3, 8, 10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Yokomakura et al. (US Pub. No.: 2020/0296736), and further in view of ZTE (On NR PHR calculation, R1-1712313, 2017-08-25). As per claim 1, Yokomakura disclose A user equipment (UE) (see Fig. 5, Fig.7, Mobile Station Device 1) for wireless communications, comprising: a receiver (see Fig.7, receiver 105) configured to receive radio resource control (RRC) signaling (see para, 0110, whether the terminal apparatus 1 uses the PUSCH transmission for which the transform precoding is enabled or uses the PUSCH transmission for which the transform precoding is not enabled is indicated by the base station apparatus 3 through the RRC signaling) that indicates whether a determination of a configured maximum output power is based on a maximum power reduction (MPR) of a Discrete Fourier Transform-Spread- Orthogonal Frequency Division Multiplexing (DFT-s-OFDM) waveform or an MPR of a Cyclic Prefix-Orthogonal Frequency Division Multiplexing (CP-OFDM) waveform (see para. 0110, 0120, 0133-0142, using the CP-OFDM waveform and DFT-OFDM waveform, to calculate/determine, the MPR and transmitting/enabling the respective waveform based on the MPR to the terminal apparatus 1 through the RRC and switch the waveforms through the DCI); and a transmitter (see Fig.7, Transmitter 107) configured to transmit the configured maximum output power on a physical layer channel, wherein transform precoding is enabled (see para. 0110, 0138-0142, determining a report timing of the power headroom, and transmits the power headroom on a channel of configured link of a waveform / transform precoding is enabled, the PHR indicates a reference power value, see also para. 0110, 0120, 0139-0142, the reference power value is calculated / configured maximum output power, see also Equations 3 and 4 ), wherein in response to transform precoding being enabled, the physical laver channel uses DFT-s-OFDM waveform (see para. 0110, the terminal apparatus 1 uses the DFT-S-OFDM in a case that the transform precoding for the physical uplink shared channel is enabled), and uses the CP-OFDM waveform that is used by the physical layer channel when the transform precoding is not enabled (see para. 0110, whether to enable the transform precoding is switch between using the DFT-S-OFDM for the PUSCH an using the CP-OFDM for the PUSCH transmission. Whether the terminal apparatus 1 uses the PUSCH transmission for which the transform precoding is enabled or uses the PUSCH transmission for which the transform precoding is not enabled is indicated by the base station apparatus 3 through the RRC signaling, see also para. 041-0142). Although Yokomakura disclose wherein in response to transform precoding being enabled, the physical laver channel uses DFT-s-OFDM waveform and uses the CP-OFDM waveform that is used by the physical layer channel when the transform precoding is not enabled; Yokomakura however does not explicitly disclose wherein the configured maximum output power is determined based on the MPR of the CP-OFDM waveform. ZTE however disclose a mobile station transmitting a first reference power value (see section 2.1, section 3, UE transmitting reference power value) and wherein a configured maximum output power is determined based on the MPR of the CP-OFDM waveform (see section 2.1, section 3, determining/calculating MPR for a DFT-S-OFDM waveform and CP-OFDM, since CP-OFDM has higher PAPR than DFT-S-OFDM, the maximum transmission power is back off when CP-OFDM is applied to UE, the power offset is a specified value based on the difference of CM between CP-OFDM and DFT-S-OFDM). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality of wherein a configured maximum output power is determined based on the MPR of the CP-OFDM waveform, as taught by ZTE, in the system of Yokomakura, so as to enable power amplifier (PA) efficiency and since the gNB is aware of the power headroom differences for different waveforms, for simplicity, the power offset utilize a specified value based on the difference of CM between CP-OFDM and DFT-S-OFDM, see ZTE, section 2.1. As per claim 3, the combination of Yokomakura and ZTE disclose the UE according to claim 1. Yokomakura further disclose the transmitter is configured to transmit information indicating at least a former of a first power headroom and first maximum output power (see para. 0120-0125, a power headroom report / first maximum output power, is triggered in a case the path loss has changed more than a prescribed value (dl-PathlossChange) decibels (dB) from the last transmission of a PHR / a former of a first power headroom, in this MAC entity) and the first maximum output power is used to determine the first power headroom (see para. 0120-0125, 0133-0142, a power headroom according to Equation 3 or 4 is calculated), and a determination of the first maximum output power is based on an MPR of the DFT-s-OFDM waveform (see para. 0120-0125, 0133-0142, for DFT-S-OFDM that is not configured to be used for PUSCH transmission, the reference format expressed by Equation 4 may be used to report. At this time, P{tilde over ( )}.sub.cmax, c with the transmission back-off subtracted due to the waveform may be used for the transmission back-off with P{tilde over ( )}.sub.cmax, c not assuming that at least one of MPR, A-MPR, P-MPR, and ΔTc is 0 decibel). As per claim 8, Yokomakura disclose A base station (see Fig. 5, Fig. 8, Base Station apparatus 3), comprising: a receiver (see Fig.8, receiver 305) configured to receive radio resource control (RRC) signaling (see para, 0110, whether the terminal apparatus 1 uses the PUSCH transmission for which the transform precoding is enabled or uses the PUSCH transmission for which the transform precoding is not enabled is indicated by the base station apparatus 3 through the RRC signaling) that indicates whether a determination of a configured maximum output power is based on a maximum power reduction (MPR) of a Discrete Fourier Transform-Spread- Orthogonal Frequency Division Multiplexing (DFT-s-OFDM) waveform or an MPR of a Cyclic Prefix-Orthogonal Frequency Division Multiplexing (CP-OFDM) waveform (see para. 0110, 0120, 0133-0142, using the CP-OFDM waveform and DFT-OFDM waveform, to calculate/determine, the MPR and transmitting/enabling the respective waveform based on the MPR to the terminal apparatus 1 through the RRC and switch the waveforms through the DCI); and a transmitter (see Fig.8, Transmitter 307) configured to transmit the configured maximum output power on a physical layer channel, wherein transform precoding is enabled (see para. 0110, 0138-0142, determining a report timing of the power headroom, and transmits the power headroom on a channel of configured link of a waveform / transform precoding is enabled, the PHR indicates a reference power value, see also para. 0110, 0120, 0139-0142, the reference power value is calculated / configured maximum output power, see also Equations 3 and 4 ), wherein in response to transform precoding being enabled, the physical laver channel uses DFT-s-OFDM waveform (see para. 0110, the terminal apparatus 1 uses the DFT-S-OFDM in a case that the transform precoding for the physical uplink shared channel is enabled), and uses the CP-OFDM waveform that is used by the physical layer channel when the transform precoding is not enabled (see para. 0110, whether to enable the transform precoding is switch between using the DFT-S-OFDM for the PUSCH an using the CP-OFDM for the PUSCH transmission. Whether the terminal apparatus 1 uses the PUSCH transmission for which the transform precoding is enabled or uses the PUSCH transmission for which the transform precoding is not enabled is indicated by the base station apparatus 3 through the RRC signaling, see also para. 041-0142). Although Yokomakura disclose wherein in response to transform precoding being enabled, the physical laver channel uses DFT-s-OFDM waveform and uses the CP-OFDM waveform that is used by the physical layer channel when the transform precoding is not enabled; Yokomakura however does not explicitly disclose wherein the configured maximum output power is determined based on the MPR of the CP-OFDM waveform. ZTE however disclose a mobile station transmitting a first reference power value (see section 2.1, section 3, UE transmitting reference power value) and wherein a configured maximum output power is determined based on the MPR of the CP-OFDM waveform (see section 2.1, section 3, determining/calculating MPR for a DFT-S-OFDM waveform and CP-OFDM, since CP-OFDM has higher PAPR than DFT-S-OFDM, the maximum transmission power is back off when CP-OFDM is applied to UE, the power offset is a specified value based on the difference of CM between CP-OFDM and DFT-S-OFDM). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality of wherein a configured maximum output power is determined based on the MPR of the CP-OFDM waveform, as taught by ZTE, in the system of Yokomakura, so as to enable power amplifier (PA) efficiency and since the gNB is aware of the power headroom differences for different waveforms, for simplicity, the power offset utilize a specified value based on the difference of CM between CP-OFDM and DFT-S-OFDM, see ZTE, section 2.1. As per claim 10, the combination of Yokomakura and ZTE disclose the base station according to claim 8. As per claim 3, the combination of Yokomakura and ZTE disclose the UE according to claim 1. Yokomakura further disclose the receiver is configured to receive information indicating at least a former of a first power headroom and first maximum output power (see para. 0120-0125, a power headroom report / first maximum output power, is triggered in a case the path loss has changed more than a prescribed value (dl-PathlossChange) decibels (dB) from the last transmission of a PHR / a former of a first power headroom, in this MAC entity) and the first maximum output power is used to determine the first power headroom (see para. 0120-0125, 0133-0142, a power headroom according to Equation 3 or 4 is calculated), and a determination of the first maximum output power is based on an MPR of the DFT-s-OFDM waveform (see para. 0120-0125, 0133-0142, for DFT-S-OFDM that is not configured to be used for PUSCH transmission, the reference format expressed by Equation 4 may be used to report. At this time, P{tilde over ( )}.sub.cmax, c with the transmission back-off subtracted due to the waveform may be used for the transmission back-off with P{tilde over ( )}.sub.cmax, c not assuming that at least one of MPR, A-MPR, P-MPR, and ΔTc is 0 decibel). As per claim 14, claim 14 is rejected the same way as claim 1. Allowable Subject Matter Claims 4, 11, 17 and 21-23 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhang (US Pub.:2023/0100695) – see para. 0046, 0082, 0108, “The procedure 400 may include determining characteristics related to the beam identified in 402 in 404. In a first option, the characteristics may include a virtual PHR for the beam, a maximum power transmission (P_cmax) for the beam, a maximum power reduction (P_MPR) for the beam, and/or a layer 1 reference signal received power (L1-RSRP). The virtual PHR may be calculated by P_cmax−P_MPR−(P0+alpha*pathloss+f). If multiple closed-loop index are configured, the closed-loop index to calculate f can be predefined or configured by higher layer signaling. The pathloss to calculate virtual PHR can be determined by the L1-RSRP or higher layer filtered RSRP. In some of the embodiments of the first option, P_cmax and P_MPR may be included as a single value of maximum transmission power which equals to P_cmax−P_MPR”. See, also Fig.11, para. 0082, “the baseband processor circuitry 1104A may generate or process baseband signals or waveforms that carry information in 3GPP-compatible networks. In some embodiments, the waveforms for NR may be based cyclic prefix OFDM (CP-OFDM) in the uplink or downlink, and discrete Fourier transform spread OFDM (DFT-S-OFDM) in the uplink”. Yuan (US Pub. No.:2024/0014875) – see para. 0104, “In some instances, the at least one part of the CSI report may include a first part and a second part, the second part indicating at least one of an additional MPE value, a beam identifier (ID), or a panel ID. The at least one part may include a first part and a second part if at least one bit in the CSI report is set to a value of one (1). The additional MPE value may be associated with at least one of the one or more uplink beams, the one or more downlink beams, or the one or more UE panels, where the additional MPE value may correspond to at least one bit in the CSI report. The additional MPE value may include at least one of a power management maximum power reduction (P-MPR) value, a virtual power headroom report (PHR) value, or an uplink reference signal received power (RSRP) corresponding to at least one of the one or more uplink beams, the one or more downlink beams, or the one or more UE panels. Also, the CSI report may indicate one or more alternative uplink (UL) beams or one or more alternative panels. Moreover, the one or more alternative UL beams or the one or more alternative panels may correspond to at least one of a synchronization signal block (SSB) resource indicator (SSBRI), a channel state information reference signal (CSI-RS) resource indicator (CRI), a sounding reference signal (SRS) ID, a panel ID, a closed loop index, or a SRS resource set ID”. Applicant's amendment necessitated the new ground(s) 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 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 LAKERAM JANGBAHADUR whose telephone number is (571)272-1335. The examiner can normally be reached on M-F 7 am - 4 pm. 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 http://pair-direct.uspto.gov. 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. /LAKERAM JANGBAHADUR/ Primary Examiner, Art Unit 2469
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Prosecution Timeline

Jun 17, 2024
Application Filed
Apr 15, 2026
Non-Final Rejection mailed — §103, §112
Jul 15, 2026
Response Filed
Aug 13, 2026
Final Rejection mailed — §103, §112 (current)

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