Prosecution Insights
Last updated: July 17, 2026
Application No. 18/766,678

METHOD AND DEVICE IN NODES USED FOR WIRELESS COMMUNICATION

Non-Final OA §103
Filed
Jul 09, 2024
Priority
Jul 10, 2023 — CN 202310841476.7
Examiner
CHERY, DADY
Art Unit
Tech Center
Assignee
Apogee Networks LLC
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1298 granted / 1475 resolved
+28.0% vs TC avg
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
24 currently pending
Career history
1499
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
46.7%
+6.7% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1475 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 . Claim Objections Claims 1-20 are objected to because of the following informalities: Claims 1-20 disclose an acronym “RS” which not clearly define in the claims. Appropriate correction is required. Claim Rejections - 35 USC § 103 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. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WU et al. (US Application 2022/0369126, hereinafter Wu) in view of Zhang et al. (US Application 2021/0337584, hereinafter Zhang). Regarding claims 1, 6,11,16, Wu discloses a first node, a second node, a method for wireless communications (Figs. 1-5), comprising: a first receiver (420,452), receiving a reference information block and a first information block(Abstract,[0045], [0094], which recites the first node in the present disclosure receives a first configuration information block in step 101, and the first configuration information block comprises configuration information of a first reference signal resource); wherein the reference information block is used to determine a first RS resource set used for a radio link quality measurement([0484], which recites the first information block comprises one or more of a Channel Quality Indicator (CQI), a CSI-RS Resource Indicator (CRI), where the channel quality indicator can be considered as radio link quality measurement), and the first RS resource set comprises at least one RS resource(Abstract,[0045], [0094], which recites a first node receives a first configuration information block, a first signaling and a first reference signal resource. The first configuration information block comprises configuration information of the first reference signal resource; the first signaling indicates a first transmission configuration state; the first configuration information block is used to determine a first transmission configuration state set; the first signaling is used to determine a first time; a second transmission configuration state is used to determine a spatial relation of the first reference signal resource before the first time; a spatial relation of the first reference signal resource is related to whether the first transmission configuration state belongs to the first transmission configuration state set after the first time); the first information block is used to determine a reference time-domain resource set; a first RS resource is an RS resource in the first RS resource set, and a transmission occasion of the first RS resource used for the radio link quality measurement depends on the reference time-domain resource set(Abstract,[0045], [0094], which recites a first node receives a first configuration information block, a first signaling and a first reference signal resource. The first configuration information block comprises configuration information of the first reference signal resource; the first signaling indicates a first transmission configuration state; the first configuration information block is used to determine a first transmission configuration state set; the first signaling is used to determine a first time; a second transmission configuration state is used to determine a spatial relation of the first reference signal resource before the first time; a spatial relation of the first reference signal resource is related to whether the first transmission configuration state belongs to the first transmission configuration state set after the first time). As stated above Wu discloses the first information block comprises one or more of a Channel Quality Indicator (CQI), a CSI-RS Resource Indicator (CRI), where the channel quality indicator can be considered as radio link quality measurement([0484]). However, Zhang teaches the reference information block is used to determine a first RS resource set used for a radio link quality measurement([0139]-[0140]). Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Wu with the teaching of Zhang by using the above features such as the reference information block is used to determine a first RS resource set used for a radio link quality measurement as taught by Zhang for the purpose of increasing a probability that a terminal device successfully receives the data(abstract). Regarding claims 2, 7,12,17,the combination of WU and Zhang discloses the first node according to claim 1, wherein any transmission occasion of the first RS resource used for the radio link quality measurement is orthogonal to the reference time-domain resource set; or, any transmission occasion of the first RS resource used for the radio link quality measurement is orthogonal to the reference time-domain resource set; only when the first RS resource is a CSI-RS resource, a transmission occasion of the first RS resource used for the radio link quality measurement depends on the reference time-domain resource set([0139]-[0141]). Regarding claims 3,8,13,18, the combination of WU and Zhang discloses the first node according to claim 1, wherein in an evaluation period, the first node evaluates radio link quality based on a measurement on at least one transmission occasion of the first RS resource; in an evaluation period, which transmission occasion(s) of the first RS resource is(are) measured for evaluating the radio link quality depends on the reference time-domain resource set([0139]-[0141]). Regarding claims 4,9,14,19, the combination of WU and Zhang discloses the first node according to claim 3, wherein in an evaluation period, a number or proportion of transmission occasion(s) of the first RS resource orthogonal to the reference time-domain resource set is not less than a first value, or a number or proportion of transmission occasion(s) of the first RS resource overlapping with the reference time-domain resource set is not greater than a second value; or, a length of an evaluation period depends on a number or proportion of transmission occasion(s) of the first RS resource overlapping with the reference time-domain resource set in the evaluation period; or, a length of an evaluation period depends on a number or proportion of transmission occasion(s) of the first RS resource overlapping with the reference time-domain resource set in a most recent evaluation period prior to the evaluation period([0139]-[0141]). Regarding claims 5,10,15,20, the combination of WU and Zhang discloses the first node according to claim 3, wherein the first RS resource set is used for candidate beam monitoring, and in an evaluation period, when a number or proportion of transmission occasion(s) of the first RS resource overlapping with the reference time-domain resource set is greater than a second value, no new candidate beam is found in the evaluation period; or, the first RS resource set is used for radio link monitoring, and in an evaluation period, when a number or proportion of transmission occasion(s) of the first RS resource overlapping with the reference time-domain resource set is greater than the second value, the first node does not transmit an in-sync indication to its higher layer([0139]-[0141]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DADY CHERY whose telephone number is (571)270-1207. The examiner can normally be reached M to T, 8 am to 5pm. 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, Moo Jeong can be reached at 571-272-9617. 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. /DADY CHERY/ Primary Examiner, Art Unit 2418
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Prosecution Timeline

Jul 09, 2024
Application Filed
Jul 08, 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
97%
With Interview (+9.3%)
2y 6m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1475 resolved cases by this examiner. Grant probability derived from career allowance rate.

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