Prosecution Insights
Last updated: August 17, 2026
Application No. 18/798,121

METHOD AND DEVICE FOR TRANSMITTING UPLINK CHANNEL IN WIRELESS COMMUNICATION SYSTEM

Non-Final OA §DP
Filed
Aug 08, 2024
Priority
Jan 23, 2020 — RE 10-2020-0009313 +2 more
Examiner
LEE, CHAE S
Art Unit
Tech Center
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
332 granted / 380 resolved
+27.4% vs TC avg
Moderate +14% lift
Without
With
+13.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
20 currently pending
Career history
398
Total Applications
across all art units

Statute-Specific Performance

§101
5.0%
-35.0% vs TC avg
§103
74.5%
+34.5% vs TC avg
§102
2.9%
-37.1% vs TC avg
§112
10.8%
-29.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 380 resolved cases

Office Action

§DP
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 . Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1, 2, 4, 6, 7, 9, 11, 12, 14, 16, 17 and 19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 7, 9, 10, 14, 16 and 20 of U.S. Patent No. 12,081,370 Although the claims at issue are not identical, they are not patentably distinct from each other because both the instant application 18/798,121 and the US patent No. 12,081,370 have at least the independent claims very similar concept of PUSCH repetition frequency hopping controlled by higher-layer signaling and DCI. The comparison table is shown below. Instant Application 18/798,121 US Patent No. 12,081,370 1. A method of performing frequency hopping for physical uplink shared channel (PUSCH) repetition by a user equipment (UE), the method comprising: receiving frequency hopping interval information through higher layer signaling, wherein the frequency hopping interval information indicates a plurality of slots; receiving frequency hopping indication information through downlink control information (DCI), wherein the frequency hopping indication information indicates whether to perform PUSCH frequency hopping; and performing frequency hopping for the PUSCH repetition, based on the frequency hopping indication information, wherein performing frequency hopping for the PUSCH repetition includes: identifying a frequency hop corresponding to a slot for the PUSCH repetition, based on the frequency hopping interval information, and transmitting a PUSCH in the identified frequency hop in the slot for the PUSCH repetition. 2. The method of claim 1, wherein the DCI indicates a number of repetitive transmissions of the PUSCH and time resource allocation information for the PUSCH. 1. A method of a user equipment (UE) for performing frequency hopping for a physical uplink shared channel (PUSCH) repetition, the method comprising: receiving frequency hopping interval information via higher layer signaling, wherein the frequency hopping interval information indicates a number of slots for PUSCH frequency hopping; receiving resource allocation information via downlink control information (DCI), wherein the resource allocation information indicates a number of PUSCH repetitions; and performing frequency hopping for the PUSCH repetition based on the number of PUSCH repetitions and the frequency hopping interval information, wherein in case that at least one symbol of symbols indicated by the resource allocation information in a slot is a downlink symbol, the slot is not included in slots corresponding to the number of PUSCH repetitions. 9. The method of claim 1, wherein the DCI includes frequency hopping indication information indicating whether to perform frequency hopping 11. The method of claim 1, wherein performing frequency hopping for the PUSCH repetition includes: identifying a frequency hop in a slot for the PUSCH repetition, based on the frequency hopping interval information; and transmitting a PUSCH using the identified frequency hop in the slot for the PUSCH repetition. 3. The method of claim 1, wherein consecutive slots for the PUSCH repetition correspond to a same frequency hop, based on the frequency hopping interval information. 4. The method of claim 1, wherein the higher layer signaling includes RRC signaling. 10. The method of claim 1, wherein the higher layer signaling includes radio resource control (RRC) signaling. 5. The method of claim 1, wherein demodulation reference signal (DMRS) bundling is applied for consecutive slots for the PUSCH repetition corresponding to a same frequency hop. A method of receiving physical uplink shared channel (PUSCH) repetition using frequency hopping by a base station, the method comprising: transmitting frequency hopping interval information through higher layer signaling, wherein the frequency hopping interval information indicates a plurality of slots; transmitting frequency hopping indication information through downlink control information (DCI), wherein the frequency hopping indication information indicates whether to perform PUSCH frequency hopping; and receiving the PUSCH repetition using frequency hopping, based on the frequency hopping indication information, wherein receiving the PUSCH repetition using frequency hopping includes: identifying a frequency hop corresponding to a slot for the PUSCH repetition, based on the frequency hopping interval information, and receiving a PUSCH in the identified frequency hop in the slot for the PUSCH repetition. 7. The method of claim 6, wherein the DCI indicates a number of repetitive transmissions of the PUSCH and time resource allocation information for the PUSCH. 3. A method of a base station for performing frequency hopping for a physical uplink shared channel (PUSCH) repetition, the method comprising: transmitting, to a user equipment (UE), frequency hopping interval via higher layer signaling, wherein the frequency hopping interval information indicates a number of slots for PUSCH frequency hopping; transmitting, to the UE, resource allocation information via downlink control information (DCI), wherein the resource allocation information indicates a number of PUSCH repetitions; and performing frequency hopping for the PUSCH repetition based on the number of PUSCH repetitions and the frequency hopping interval information, wherein in case that at least one symbol of symbols indicated by the resource allocation information in a slot is a downlink symbol, the slot is not included in slots corresponding to the number of PUSCH repetitions. 14. The method of claim 3, wherein the DCI includes frequency hopping indication information indicating whether to perform frequency hopping. 16. The method of claim 3, wherein performing frequency hopping for the PUSCH repetition includes: identifying a frequency hop in a slot for the PUSCH repetition, based on the frequency hopping interval information; and transmitting a PUSCH using the identified frequency hop in the slot for the PUSCH repetition. 8. The method of claim 6, wherein consecutive slots for the PUSCH repetition correspond to a same frequency hop, based on the frequency hopping interval information. 9. The method of claim 6, wherein the higher layer signaling includes RRC signaling. 15. The method of claim 3, wherein the higher layer signaling includes radio resource control (RRC) signaling. 10. The method of claim 6, wherein demodulation reference signal (DMRS) bundling is applied for consecutive slots for the PUSCH repetition corresponding to a same frequency hop. 11. A user equipment (UE) performing frequency hopping for physical uplink shared channel (PUSCH) repetition, the UE comprising: a transceiver; and at least one processor coupled to the transceiver and configured to: receive frequency hopping interval information through higher layer signaling, wherein the frequency hopping interval information indicates a plurality of slots, receive frequency hopping indication information through downlink control information (DCI), wherein the frequency hopping indication information indicates whether to perform PUSCH frequency hopping, and perform frequency hopping for the PUSCH repetition, based on the frequency hopping indication information, wherein performing frequency hopping for the PUSCH repetition includes: identifying a frequency hop corresponding to a slot for the PUSCH repetition, based on the frequency hopping interval information, and transmitting a PUSCH in the identified frequency hop in the slot for the PUSCH repetition. 12. The UE of claim 11, wherein the DCI indicates a number of repetitive transmissions of the PUSCH and time resource allocation information for the PUSCH. 4. A user equipment (UE) for performing frequency hopping for a physical uplink shared channel (PUSCH) repetition, the UE comprising: a transceiver; and at least one processor coupled to the transceiver, wherein the at least one processor is configured to: receive frequency hopping interval information via higher layer signaling, wherein the frequency hopping interval information indicates a number of slots for PUSCH frequency hopping, receive resource allocation information via downlink control information (DCI), wherein the resource allocation information indicates a number of PUSCH repetitions, and perform frequency hopping for the PUSCH repetition based on the number of PUSCH repetitions and the frequency hopping interval information, wherein in case that at least one symbol of symbols indicated by the resource allocation information in a slot is a downlink symbol, the slot is not included in slots corresponding to the number of PUSCH repetitions 19. The UE of claim 4, wherein the DCI includes frequency hopping indication information indicating whether to perform frequency hopping. 16. The method of claim 3, wherein performing frequency hopping for the PUSCH repetition includes: identifying a frequency hop in a slot for the PUSCH repetition, based on the frequency hopping interval information; and transmitting a PUSCH using the identified frequency hop in the slot for the PUSCH repetition. 13. The UE of claim 11, wherein consecutive slots for the PUSCH repetition correspond to a same frequency hop, based on the frequency hopping interval information. 14. The UE of claim 11, wherein the higher layer signaling includes RRC signaling. 20. The UE of claim 4, wherein the higher layer signaling includes radio resource control (RRC) signaling. 15. The UE of claim 11, wherein demodulation reference signal (DMRS) bundling is applied for consecutive slots for the PUSCH repetition corresponding to a same frequency hop. 16. A base station receiving physical uplink shared channel (PUSCH) repetition using frequency hopping, the base station comprising: a transceiver; and at least one processor coupled to the transceiver and configured to: transmit frequency hopping interval information through higher layer signaling, wherein the frequency hopping interval information indicates a plurality of slots, transmit frequency hopping indication information through downlink control information (DCI), wherein the frequency hopping indication information indicates whether to perform PUSCH frequency hopping, and receive the PUSCH repetition using frequency hopping, based on the frequency hopping indication information, wherein receiving the PUSCH repetition using frequency hopping includes: identifying a frequency hop corresponding to a slot for the PUSCH repetition, based on the frequency hopping interval information, and receiving a PUSCH in the identified frequency hop in the slot for the PUSCH repetition. 17. The base station of claim 16, wherein the DCI indicates a number of repetitive transmissions of the PUSCH and time resource allocation information for the PUSCH. 5. A base station for performing frequency hopping for a physical uplink shared channel (PUSCH) repetition, the base station comprising: a transceiver; and at least one processor coupled to the transceiver, wherein the at least one processor is configured to: transmit, to a user equipment (UE), frequency hopping interval information via higher layer signaling, wherein the frequency hopping interval information indicates a number of slots for PUSCH frequency hopping, transmit, to the UE, resource allocation information via downlink control information (DCI), wherein the resource allocation information indicates a number of PUSCH repetitions, and perform frequency hopping for the PUSCH repetition based on the number of PUSCH repetitions and the frequency hopping interval information, wherein in case that at least one symbol of symbols indicated by the resource allocation information in a slot is a downlink symbol, the slot is not included in slots corresponding to the number of PUSCH repetitions. 14. The method of claim 3, wherein the DCI includes frequency hopping indication information indicating whether to perform frequency hopping. 16. The method of claim 3, wherein performing frequency hopping for the PUSCH repetition includes: identifying a frequency hop in a slot for the PUSCH repetition, based on the frequency hopping interval information; and transmitting a PUSCH using the identified frequency hop in the slot for the PUSCH repetition. 18. The base station of claim 16, wherein consecutive slots for the PUSCH repetition correspond to a same frequency hop, based on the frequency hopping interval information. 19. The base station of claim 16, wherein the higher layer signaling includes RRC signaling. 7. The base station of claim 5, wherein the higher layer signaling includes radio resource control (RRC) signaling. 20. The base station of claim 16, wherein demodulation reference signal (DMRS) bundling is applied for consecutive slots for the PUSCH repetition corresponding to a same frequency hop. Allowable Subject Matter Claims 3, 5, 8, 10, 13, 15, 18 and 20 allowed. The following is an examiner’s statement of reasons for allowance: claims above would be allowable because the closest prior arts listed above either alone or in combination, fail to anticipate or render obvious, the claimed invention of “wherein consecutive slots for the PUSCH repetition correspond to a same frequency hop, based on the frequency hopping interval information, wherein the higher layer signaling includes RRC signaling, wherein demodulation reference signal (DMRS) bundling is applied for consecutive slots for the PUSCH repetition corresponding to a same frequency hop”, in combination with all other limitations in the claim(s) above as defined by applicant. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. -Nakamura et al. (US 11,324,025); -Shapin et al. (WO 2020/067967). Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAE S LEE whose telephone number is (571)272-8236. The examiner can normally be reached 8:30AM - 5:00PM. 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, Jeffrey Rutkowski can be reached at (571) 270-1215. 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. /CHAE S LEE/Primary Examiner, Art Unit 2415
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Prosecution Timeline

Aug 08, 2024
Application Filed
Jul 23, 2026
Non-Final Rejection mailed — §DP (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
87%
Grant Probability
99%
With Interview (+13.6%)
2y 6m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 380 resolved cases by this examiner. Grant probability derived from career allowance rate.

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