Prosecution Insights
Last updated: July 17, 2026
Application No. 18/764,650

Scheduling Restriction Enhancements for LTE and 5G NR Dynamic Spectrum Sharing

Non-Final OA §103
Filed
Jul 05, 2024
Priority
Oct 13, 2020 — nonprovisional of PCTCN2020120589 +2 more
Examiner
PATEL, CHANDRAHAS B
Art Unit
Tech Center
Assignee
Apple Inc.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
796 granted / 901 resolved
+28.3% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
13 currently pending
Career history
924
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
61.6%
+21.6% vs TC avg
§102
31.1%
-8.9% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 901 resolved cases

Office Action

§103
DETAILED ACTION 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 1-3, 6, 8-10, 13 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over R1-2005409, Discussion on Scell scheduling P(S)cell, vivo, 3GPP TSG RAN WG1 #102-e, August 2020 in view of Yang et al. (USPN 10,469,234). Regarding claim 1, R1-2005409 teaches a method comprising, by a user equipment device (UE): receiving a configuration for a primary cell and a secondary cell [Section 2.1]; monitoring a common search space (CSS) for first downlink control information (DCI) from the primary cell scheduling a transmission for the primary cell [Section 2.3]; monitoring a UE-specific search space (USS) for second DCI from the secondary cell scheduling a transmission for the primary cell for the UE [Section 2.3]; and communicating according to the first DCI and the second DCI [Section 2.3]. However, R1-2005409 does not teach regardless of a monitoring capability reported, all physical downlink control channel (PDCCH) monitoring occasions on the secondary cell for DCIs for cross-carrier scheduling to the primary cell are constrained to be received within an initial three symbols of a slot. Yang teaches regardless of a monitoring capability reported, all physical downlink control channel (PDCCH) monitoring occasions on the secondary cell for DCIs for cross-carrier scheduling to the primary cell are constrained to be received within an initial three symbols of a slot [Col. 6, lines 8-27 and Fig. 4]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to receive PDCCH monitoring occasion within the first three symbols so that control data can be communicated first in the initial slots leaving rest of the symbols for data communication. Regarding claims 2, 9 and 16, R1-2005409 teaches the configuration includes a cross-carrier scheduling configuration for scheduling the primary cell via the secondary cell [Section 2.1]. Regarding claims 3, 10 and 17, R1-2005409 teaches the primary cell cannot be configured to schedule a different secondary cell while configured for cross-carrier scheduling by the secondary cell [Section 2.4]. Regarding claims 6 and 13, R1-2005409 teaches the configuration is not expected to include a common search space for the secondary cell that schedules the primary cell [Section 2.3]. Regarding claim 8, R1-2005409 teaches an apparatus, comprising: a processor configured to cause a user equipment (UE) to: receive a configuration for a primary cell and a secondary cell [Section 2.1]; monitor a common search space (CSS) for first downlink control information (DCI) from the primary cell scheduling a transmission for the primary cell [Section 2.3]; monitor a UE-specific search space (USS) for second DCI from the secondary cell scheduling a transmission for the primary cell for the UE [Section 2.3]; and communicate according to the first DCI and the second DCI [Section 2.3]. However, R1-2005409 does not teach regardless of a monitoring capability reported, all physical downlink control channel (PDCCH) monitoring occasions on the secondary cell for DCIs for cross-carrier scheduling to the primary cell are constrained to be received within an initial three symbols of a slot. Yang teaches regardless of a monitoring capability reported, all physical downlink control channel (PDCCH) monitoring occasions on the secondary cell for DCIs for cross-carrier scheduling to the primary cell are constrained to be received within an initial three symbols of a slot [Col. 6, lines 8-27 and Fig. 4]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to receive PDCCH monitoring occasion within the first three symbols so that control data can be communicated first in the initial slots leaving rest of the symbols for data communication. Regarding claim 15 R1-2005409 teaches a user equipment device (UE), comprising: one or more antennas [Section 2.2]; a radio operably coupled to the one or more antennas [Section 2.2]; and a processor operably coupled to the radio [Section 2.2]; wherein the UE is configured to: receive a configuration for a primary cell and a secondary cell [Section 2.1]; monitor a common search space (CSS) for first downlink control information (DCI) from the primary cell scheduling a transmission for the primary cell [Section 2.3]; monitor a UE-specific search space (USS) for second DCI from the secondary cell scheduling a transmission for the primary cell for the UE [Section 2.3]; and communicate according to the first DCI and the second DCI [Section 2.3]. However, R1-2005409 does not teach regardless of a monitoring capability reported, all physical downlink control channel (PDCCH) monitoring occasions on the secondary cell for DCIs for cross-carrier scheduling to the primary cell are constrained to be received within an initial three symbols of a slot. Yang teaches regardless of a monitoring capability reported, all physical downlink control channel (PDCCH) monitoring occasions on the secondary cell for DCIs for cross-carrier scheduling to the primary cell are constrained to be received within an initial three symbols of a slot [Col. 6, lines 8-27 and Fig. 4]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to receive PDCCH monitoring occasion within the first three symbols so that control data can be communicated first in the initial slots leaving rest of the symbols for data communication. Claims 4, 5, 7, 11, 12, 14, 18, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over R1-2005409, Discussion on Scell scheduling P(S)cell, vivo, 3GPP TSG RAN WG1 #102-e, August 2020 in view of Yang et al. (USPN 10,469,234). as applied to claims 1 above, and further in view of Park et al. (USPN 11,638,240). Regarding claims 4, 11 and 18, the references teach a method, an apparatus and a UE as discussed in rejection of claims 1, 8 and 15. However, the references do not teach the second DCI has a 5G NR DCI format of 0_1, 0_2, 1_1 or 1_2. Park teaches the second DCI has a 5G NR DCI format of 0_1, 0_2, 1_1 or 1_2 [Col. 9, lines 23-36]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have 1_1 DCI format so that downlink grant can be scheduled. Regarding claims 5 and 12, the references teach a method and an apparatus as discussed in rejection of claims 1 and 8. However, the references do not teach the configuration is not expected to include a configuration for the second DCI to be an 5G NR DCI format of 0_0, or 1_0. Park teaches the configuration is not expected to include a configuration for the second DCI to be an 5G NR DCI format of 0_0, or 1_0 [Col. 61, lines 41-55]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to not expect format of 0_0 or 1_0 so that release 16 format can be supported. Regarding claims 7, 14 and 20, the references teach a method, an apparatus and a UE as discussed in rejection of claims 1, 8 and 15. However, the references do not teach when the primary cell is configured with a 15 kHz subcarrier spacing, the secondary cell is configured with one of the 15 kHz subcarrier spacing or a 30 kHz subcarrier spacing. Park teaches when the primary cell is configured with a 15 kHz subcarrier spacing, the secondary cell is configured with one of the 15 kHz subcarrier spacing or a 30 kHz subcarrier spacing [Col. 9, Table 2]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to schedule secondary cell with 15 kHz or 30 kHz spacing when the primary cell is configured with 15 kHz spacing so that multiple formats and bandwidths can be supported. Regarding claim 19, R1-2005409 teaches the configuration is not expected to include a common search space for the secondary cell that schedules the primary cell [Section 2.3]. However, R1-2005409 does not teach the configuration is not expected to include a configuration for the second DCI to be an 5G NR DCI format of 0_0, or 1_0. Park teaches the configuration is not expected to include a configuration for the second DCI to be an 5G NR DCI format of 0_0, or 1_0 [Col. 61, lines 41-55]. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to not expect format of 0_0 or 1_0 so that release 16 format can be supported. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takeda et al. (US-PGPUB 2025/0175980) teaches receiving a configuration for monitoring multiple physical downlink control channels (PDCCHs) for downlink information (DCI) that schedules physical down link shared channel (PDSCH) communications on each carrier included in a set of carriers. Takeda et al. (USPN 11,985,643) teaches transmitting a physical downlink control channel (PDCCH) with a cross-carrier schedule to user equipment (UE), where the PDCCH with downlink control information (DCI) to schedule an uplink transmission or a downlink transmission. Xu et al. (USPN 11,956,779) teaches transmitting a set of downlink control information (DCI) within a slot of a first cell associated with a first subcarrier spacing (SCS), for second cells, where the second cells are associated with second SCSs, numerical quantity of the set of DCI for the second cells is less than or equal to a maximum number of DCI for the second cells and maximum number of DCI is based on the first SCS of the first cell and a second SCS of the second SCSs of the second cells. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANDRAHAS PATEL whose telephone number is (571)270-1211. The examiner can normally be reached Monday - Thursday 7:30 - 17:30. 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, Ricky Ngo can be reached at 571-272-3139. 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. /Chandrahas B Patel/ Primary Examiner, Art Unit 2464
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Prosecution Timeline

Jul 05, 2024
Application Filed
Jun 22, 2026
Non-Final Rejection mailed — §103 (current)

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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
96%
With Interview (+7.2%)
2y 7m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 901 resolved cases by this examiner. Grant probability derived from career allowance rate.

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