Prosecution Insights
Last updated: October 27, 2026
Application No. 18/837,983

ENHANCED TRANSMISSION AND RECEPTION FOR REDCAP DEVICES

Non-Final OA §102§103§112
Filed
Aug 13, 2024
Priority
Apr 19, 2022 — CN PCT/CN2022/087656 +3 more
Examiner
VIDAL CARPIO, MARIELA
Art Unit
Tech Center
Assignee
Intel Corporation
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
222 granted / 290 resolved
+16.6% vs TC avg
Minimal +1% lift
Without
With
+1.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
16 currently pending
Career history
312
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
51.7%
+11.7% vs TC avg
§102
10.7%
-29.3% vs TC avg
§112
24.9%
-15.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 290 resolved cases

Office Action

§102 §103 §112
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 . According to Preliminary Amendment filed on 02/27/2025, claims 1-38 have been cancelled, and claims 39-58 have been newly added. Claims 39-58 are currently pending. Information Disclosure Statement (IDS) The IDS submitted on 08/13/2024 has been entered and partly considered by the Examiner. This is because Applicant has failed to submit a copy of Foreign Patent Document WO-2023205029 with this application. Priority Applicant's claim for the benefit of a prior-filed application(s) under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) as follows: The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994). The disclosure of the prior-filed applications PCT/US2023/018492, 63/333,056, 63/332,610 and foreign application PCTCN2022087656 fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The claimed limitation(s) in this instant application of recites “encode first higher layer signaling for transmission to a base station, the first higher layer signaling indicating a maximum number of supported multiple-input-multiple-output (MIMO) layers for the RedCap UE; encode second higher layer signaling for transmission to the base station, the second higher layer signaling indicating a maximum supported modulation order for the RedCap UE; encode third higher layer signaling for transmission to the base station, the third higher layer signaling indicating a scaling factor for the RedCap UE”, “encode uplink (UL) data for a UL transmission to the base station or decode downlink (DL) data received in a DL transmission from the base station based on the maximum data rate for the RedCap UE”, and “a memory coupled to the processing circuitry and configured to store the maximum data rate” (see claim 1) do not have the support in the prior applications. Similar reasoning applies to claims 48 and 52. Accordingly, claims 39-58 are not entitled to the benefit of the prior-filed applications of PCT/US2023/018492, 63/333,056, 63/332,610 and foreign application PCTCN2022087656. Claim Rejections - 35 USC § 112 The following is a quotation 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), first paragraph: 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 of carrying out his invention. Claims 39-58 are 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. Claim 39 recites “encode first higher layer signaling for transmission to a base station, the first higher layer signaling indicating a maximum number of supported multiple-input-multiple-output (MIMO) layers for the RedCap UE; encode second higher layer signaling for transmission to the base station, the second higher layer signaling indicating a maximum supported modulation order for the RedCap UE; encode third higher layer signaling for transmission to the base station, the third higher layer signaling indicating a scaling factor for the RedCap UE”. The specification only discloses the maximum number of supported layers, the maximum supported modulation order and the scaling factor are given by higher layer parameters, see paragraph [0229] “V(j)Layers is the maximum number of supported layers given by higher layer parameter maxNumberMIMO-LayersPDSCH for downlink and a maximum of higher layer parameters maxNumberMIMO-LayersCB-PUSCH and maxNumberMIMO-LayersNonCB-PUSCH for uplink. Q(j)m is the maximum supported modulation order given by the higher layer parameter supportedModulationOrderDL for downlink and the higher layer parameter supportedModulationOrderUL for uplink. f(j) is the scaling factor given by the higher layer parameter scalingFactor”. To further explain, higher layer parameter is not higher layer signaling. Furthermore, there is no mention of a higher layer signaling occurring for transmission to a base station or that there are three higher layer signaling occurring for transmission to the base station (i.e., claimed first second and third higher layer signaling). Furthermore, nowhere does it disclose that said features are encoded for transmission to the base station. In view of above, the limitations, in particular the bolded aspects of “encode first higher layer signaling for transmission to a base station, the first higher layer signaling indicating a maximum number of supported multiple-input-multiple-output (MIMO) layers for the RedCap UE; encode second higher layer signaling for transmission to the base station, the second higher layer signaling indicating a maximum supported modulation order for the RedCap UE; encode third higher layer signaling for transmission to the base station, the third higher layer signaling indicating a scaling factor for the RedCap UE” are not supported by the specification. Similar rejection applies to claims 48 and 52. Claim 39 recites “encode uplink (UL) data for a UL transmission to the base station or decode downlink (DL) data received in a DL transmission from the base station based on the maximum data rate for the RedCap UE”. The specification discloses to “encode data for an uplink (UL) transmission to a base station, the UL transmission using the maximum data rate” (see specification [0320] and [0329]). However, nowhere in the disclosure does it disclose to “decode downlink (DL) data received in a DL transmission from the base station based on the maximum data rate for the RedCap UE”. Accordingly, the limitation is not supported by the specification. Similar rejection applies to claims 48 and 52. Claim 39 recites “a memory coupled to the processing circuitry and configured to store the maximum data rate”. The specification discloses the memory and processing circuitry (see Fig. 27; paragraph [0312]). However, nowhere in applicant’s specification does it disclose “configured to store the maximum data rate”. Accordingly, the limitation is not supported by the specification. Claim 42 recites “select one or more random access resources configured for RedCap UEs; and perform a random access procedure based on the selected one or more random access resources”. Applicant’s specification briefly recites random access procedure in paragraphs [0169] and [0294], but they do not mention selecting a random access resource configured for RedCap. Nowhere in the disclosure does it recite to “select one or more random access resources configured for RedCap UEs; and perform a random access procedure based on the selected one or more random access resources”. Accordingly, the entire limitation is not supported by the specification. Similar rejection applies to claims 51 and 55. Claim Rejections - 35 USC § 102 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. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim 39, 43, 47-48, 52 and 56 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kadan Veedu et al. (US 2024/0284247 A1, hereinafter “Kadan Veedu”). As to claim 39: Kadan Veedu disclose an apparatus for a Reduced Capability (RedCap) user equipment (UE) (“wireless device 22 is a Reduced Capability (RedCap) wireless device 22”; Fig. 2; [0128]) configured for operation in a Fifth Generation New Radio (5G NR) network (“NR (New Radio, also called 3GPP 5th Generation or 5G)”; Fig. 1; [0002]; [0087]; [0022]), the apparatus comprising: processing circuitry (“processing circuitry 84”; [0108]), wherein to configure the UE for the operation in the 5G NR network, the processing circuitry is to (“processing circuitry 84 configured to perform the functions and/or methods described herein”; [0108]): encode first higher layer signaling for transmission to a base station, the first higher layer signaling indicating a maximum number of supported multiple-input-multiple-output (MIMO) layers for the RedCap UE (“VLayers(j) is the maximum number of supported layers given by higher layer parameter maxNumberMIMO-LayersPDSCH for downlink and maximum of higher layer parameters maxNumberMIMO-LayersCB-PUSCH and maxNumberMIMO-LayersNonCB-PUSCH for uplink”; [0027]; [0004] “Network node 16 is further configured to receive (Block S146) a second indication from the wireless device 22 indicating a plurality of capability parameters… a maximum data rate indicated by the indicated plurality of capability parameters”; [0124] “the plurality of capability parameters includes at least one of a maximum number of supported multiple-input-multiple-output, MIMO, layers, a scaling factor, and a maximum supported modulation order”; [0125];[0128]; claim 51); encode second higher layer signaling for transmission to the base station, the second higher layer signaling indicating a maximum supported modulation order for the RedCap UE (“Q m (j) is the maximum supported modulation order given by higher layer parameter supportedModulationOrderDL for downlink and higher layer parameter supportedModulationOrderUL for uplink”; [0028]; [0004]“Network node 16 is further configured to receive (Block S146) a second indication from the wireless device 22 indicating a plurality of capability parameters… a maximum data rate indicated by the indicated plurality of capability parameters”; [0124] “the plurality of capability parameters includes at least one of a maximum number of supported multiple-input-multiple-output, MIMO, layers, a scaling factor, and a maximum supported modulation order”; [0125]; [0128]; claim 51); encode third higher layer signaling for transmission to the base station, the third higher layer signaling indicating a scaling factor for the RedCap UE (“f(j) is the scaling factor given by higher layer parameter scalingFactor”; [0029]; [0004]; “Network node 16 is further configured to receive (Block S146) a second indication from the wireless device 22 indicating a plurality of capability parameters… a maximum data rate indicated by the indicated plurality of capability parameters”; [0124] “the plurality of capability parameters includes at least one of a maximum number of supported multiple-input-multiple-output, MIMO, layers, a scaling factor, and a maximum supported modulation order”; [0125]; [0128]; claim 51); determine a maximum data rate for the RedCap UE based on a product of the maximum number of supported MIMO layers, the maximum supported modulation order, and the scaling factor, the product being smaller than 4 (“V(j)Layers ∙ Q(j)m ∙ f(j) ∙ is no smaller than 1 (i.e., the product of the maximum number of supported MIMO layers, the scaling factor and the maximum supported modulation order is no smaller than 1) in the DL and/or the UL for the RedCap WDs 22. This corresponds to a maximum data rate of at least ˜13 Mbps in DL/UL that is supported by a RedCap WD 22”; [0141]; [0021]-[0032] the examiner interprets no smaller than 1 as being 2 or 3, which read on the limitation of “smaller than 4”); and encode uplink (UL) data for a UL transmission to the base station or decode downlink (DL) data received in a DL transmission from the base station based on the maximum data rate for the RedCap UE (“Wireless device 22 is further configured to communicate (Block S154) with the network node 16 on the at least one carrier according to a maximum data rate determination”; [0129] “a maximum data rate of at least ˜13 Mbps in DL/UL that is supported by a RedCap WD 22”; [0141]; [0171]); and a memory (“memory 88”; Fig. 2; [0102]) coupled to the processing circuitry (“processing circuitry 84”; [0108]) and configured to store the maximum data rate (“The WD 22 includes memory 88 that is configured to store data, programmatic software code and/or other information described herein”; [0102]; “support and/or communicate on the at least one carrier based at least in part on the maximum data rate determination”; [0092]; [0109]; [0180]). As to claim 43: Kadan Veedu wherein the processing circuitry (“processing circuitry 84”; [0108]) is to: decode a physical broadcast channel (PBCH) to obtain a numerology parameter associated with the RedCap UE (“The term “signaling” used herein may comprise any of: high-layer signaling (e.g., via Radio Resource Control (RRC) or a like), lower-layer signaling (e.g., via a physical control channel or a broadcast channel)”; [0071] “ PNG media_image1.png 16 15 media_image1.png Greyscale is the numerology (as defined in TS 38.211 [6])”; see pg. 9 of 3GPP TS 38.306 V17.0.0 (2022-03), hereby incorporated by reference in Kadan Veedu paragraph [0021]); determine a maximum physical resource block (PRB) allocation for a bandwidth associated with the numerology parameter (“ PNG media_image2.png 23 49 media_image2.png Greyscale is the maximum RB allocation in bandwidth PNG media_image3.png 20 37 media_image3.png Greyscale with numerology PNG media_image1.png 16 15 media_image1.png Greyscale , as defined in 5.3 TS 38.101-1 [2] and 5.3 TS 38.101-2 [3]”; see pg. 9 of 3GPP TS 38.306 V17.0.0 (2022-03), hereby incorporated by reference in Kadan Veedu paragraph [0021]); and determine the maximum data rate further based on the maximum PRB allocation (see paragraph [0022] where PNG media_image2.png 23 49 media_image2.png Greyscale is used to determine the maximum data rate; see also pg. 8 of 3GPP TS 38.306 V17.0.0 (2022-03)). As to claim 47: Kadan Veedu further discloses transceiver circuitry (“RF transceivers”; Fig. 2; [0099]) coupled to the processing circuitry (“processing circuitry 84”; Fig. 2; [0108]); and one or more antennas coupled (antenna(s) of WD; see Fig. 2; [0005]) to the transceiver circuitry (“RF transceivers”; [0099]). As to claim 48: Kadan Veedu discloses a non-transitory computer-readable storage medium that stores instructions for execution by one or more processors (“the disclosure may take the form of a computer program product on a tangible computer usable storage medium having computer program code embodied in the medium that can be executed by a computer”; Fig. 2; [0189]; [0100]-[0102]) of a Reduced Capability (RedCap) user equipment (UE) (“wireless device 22 is a Reduced Capability (RedCap) wireless device 22”; Fig. 2; [0128]), the instructions to configure the RedCap UE for operation in a Fifth Generation New Radio (5G NR) network (“NR (New Radio, also called 3GPP 5th Generation or 5G)”; Fig. 1; [0002]; [0087]; [0022]), and to cause the RedCap UE to perform operations (“wireless device 22 is a Reduced Capability (RedCap) wireless device 22”; Fig. 2; [0128]) comprising: encoding first higher layer signaling for transmission to a base station, the first higher layer signaling indicating a maximum number of supported multiple-input-multiple-output (MIMO) layers for the RedCap UE (“VLayers(j) is the maximum number of supported layers given by higher layer parameter maxNumberMIMO-LayersPDSCH for downlink and maximum of higher layer parameters maxNumberMIMO-LayersCB-PUSCH and maxNumberMIMO-LayersNonCB-PUSCH for uplink”; [0027]; [0004] “Network node 16 is further configured to receive (Block S146) a second indication from the wireless device 22 indicating a plurality of capability parameters… a maximum data rate indicated by the indicated plurality of capability parameters”; [0124] “the plurality of capability parameters includes at least one of a maximum number of supported multiple-input-multiple-output, MIMO, layers, a scaling factor, and a maximum supported modulation order”; [0125];[0128]; claim 51); encoding second higher layer signaling for transmission to the base station, the second higher layer signaling indicating a maximum supported modulation order for the RedCap UE (“Q m (j) is the maximum supported modulation order given by higher layer parameter supportedModulationOrderDL for downlink and higher layer parameter supportedModulationOrderUL for uplink”; [0028]; [0004]“Network node 16 is further configured to receive (Block S146) a second indication from the wireless device 22 indicating a plurality of capability parameters… a maximum data rate indicated by the indicated plurality of capability parameters”; [0124] “the plurality of capability parameters includes at least one of a maximum number of supported multiple-input-multiple-output, MIMO, layers, a scaling factor, and a maximum supported modulation order”; [0125]; [0128]; claim 51); encoding third higher layer signaling for transmission to the base station, the third higher layer signaling indicating a scaling factor for the RedCap UE (“f(j) is the scaling factor given by higher layer parameter scalingFactor”; [0029]; [0004]; “Network node 16 is further configured to receive (Block S146) a second indication from the wireless device 22 indicating a plurality of capability parameters… a maximum data rate indicated by the indicated plurality of capability parameters”; [0124] “the plurality of capability parameters includes at least one of a maximum number of supported multiple-input-multiple-output, MIMO, layers, a scaling factor, and a maximum supported modulation order”; [0125]; [0128]; claim 51); determining a maximum data rate for the RedCap UE based on a product of the maximum number of supported MIMO layers, the maximum supported modulation order, and the scaling factor, the product being smaller than 4 (“V(j)Layers ∙ Q(j)m ∙ f(j) ∙ is no smaller than 1 (i.e., the product of the maximum number of supported MIMO layers, the scaling factor and the maximum supported modulation order is no smaller than 1) in the DL and/or the UL for the RedCap WDs 22. This corresponds to a maximum data rate of at least ˜13 Mbps in DL/UL that is supported by a RedCap WD 22”; [0141]; [0021]-[0032] the examiner interprets no smaller than 1 as being 2 or 3, which read on the limitation of “smaller than 4”); and encoding uplink (UL) data for a UL transmission to the base station or decoding downlink (DL) data received in a DL transmission from the base station based on the maximum data rate for the RedCap UE (“Wireless device 22 is further configured to communicate (Block S154) with the network node 16 on the at least one carrier according to a maximum data rate determination”; [0129] “a maximum data rate of at least ˜13 Mbps in DL/UL that is supported by a RedCap WD 22”; [0141]; [0171]). As to claim 52: Kadan Veedu discloses a Reduced Capability (RedCap) user equipment (UE) (“wireless device 22 is a Reduced Capability (RedCap) wireless device 22”; Fig. 2; [0128]) configured for operation in a Fifth Generation New Radio (5G NR) network (“NR (New Radio, also called 3GPP 5th Generation or 5G)”; Fig. 1; [0002]; [0087]; [0022]), the RedCap UE comprising: front-end circuitry (HW 80 comprising memory, processor, determination unit; Fig. 2; [0108]) coupled to one or more antennas (antenna(s) of WD; see Fig. 2; [0005]); processing circuitry (“processing circuitry 84”; [0108]) coupled to the front-end circuitry, the processing circuitry is to (“processing circuitry 84 configured to perform the functions and/or methods described herein”; [0108]): encode first higher layer signaling for transmission to a base station, the first higher layer signaling indicating a maximum number of supported multiple-input-multiple-output (MIMO) layers for the RedCap UE (“VLayers(j) is the maximum number of supported layers given by higher layer parameter maxNumberMIMO-LayersPDSCH for downlink and maximum of higher layer parameters maxNumberMIMO-LayersCB-PUSCH and maxNumberMIMO-LayersNonCB-PUSCH for uplink”; [0027]; [0004] “Network node 16 is further configured to receive (Block S146) a second indication from the wireless device 22 indicating a plurality of capability parameters… a maximum data rate indicated by the indicated plurality of capability parameters”; [0124] “the plurality of capability parameters includes at least one of a maximum number of supported multiple-input-multiple-output, MIMO, layers, a scaling factor, and a maximum supported modulation order”; [0125];[0128]; claim 51); encode second higher layer signaling for transmission to the base station, the second higher layer signaling indicating a maximum supported modulation order for the RedCap UE (“Q m (j) is the maximum supported modulation order given by higher layer parameter supportedModulationOrderDL for downlink and higher layer parameter supportedModulationOrderUL for uplink”; [0028]; [0004]“Network node 16 is further configured to receive (Block S146) a second indication from the wireless device 22 indicating a plurality of capability parameters… a maximum data rate indicated by the indicated plurality of capability parameters”; [0124] “the plurality of capability parameters includes at least one of a maximum number of supported multiple-input-multiple-output, MIMO, layers, a scaling factor, and a maximum supported modulation order”; [0125]; [0128]; claim 51); encode third higher layer signaling for transmission to the base station, the third higher layer signaling indicating a scaling factor for the RedCap UE (“f(j) is the scaling factor given by higher layer parameter scalingFactor”; [0029]; [0004]; “Network node 16 is further configured to receive (Block S146) a second indication from the wireless device 22 indicating a plurality of capability parameters… a maximum data rate indicated by the indicated plurality of capability parameters”; [0124] “the plurality of capability parameters includes at least one of a maximum number of supported multiple-input-multiple-output, MIMO, layers, a scaling factor, and a maximum supported modulation order”; [0125]; [0128]; claim 51); determine a maximum data rate for the RedCap UE based on a product of the maximum number of supported MIMO layers, the maximum supported modulation order, and the scaling factor, the product being smaller than 4 (“V(j)Layers ∙ Q(j)m ∙ f(j) ∙ is no smaller than 1 (i.e., the product of the maximum number of supported MIMO layers, the scaling factor and the maximum supported modulation order is no smaller than 1) in the DL and/or the UL for the RedCap WDs 22. This corresponds to a maximum data rate of at least ˜13 Mbps in DL/UL that is supported by a RedCap WD 22”; [0141]; [0021]-[0032] the examiner interprets no smaller than 1 as being 2 or 3, which read on the limitation of “smaller than 4”); and encode uplink (UL) data for a UL transmission to the base station or decode downlink (DL) data received in a DL transmission from the base station based on the maximum data rate for the RedCap UE (“Wireless device 22 is further configured to communicate (Block S154) with the network node 16 on the at least one carrier according to a maximum data rate determination”; [0129] “a maximum data rate of at least ˜13 Mbps in DL/UL that is supported by a RedCap WD 22”; [0141]; [0171]). As to claim 56: Kadan Veedu wherein the processing circuitry (“processing circuitry 84”; [0108]) is to: decode a physical broadcast channel (PBCH) to obtain a numerology parameter associated with the RedCap UE (“The term “signaling” used herein may comprise any of: high-layer signaling (e.g., via Radio Resource Control (RRC) or a like), lower-layer signaling (e.g., via a physical control channel or a broadcast channel)”; [0071] “ PNG media_image1.png 16 15 media_image1.png Greyscale is the numerology (as defined in TS 38.211 [6])”; see pg. 9 of 3GPP TS 38.306 V17.0.0 (2022-03), hereby incorporated by reference in Kadan Veedu paragraph [0021]); determine a maximum physical resource block (PRB) allocation for a bandwidth associated with the numerology parameter (“ PNG media_image2.png 23 49 media_image2.png Greyscale is the maximum RB allocation in bandwidth PNG media_image3.png 20 37 media_image3.png Greyscale with numerology PNG media_image1.png 16 15 media_image1.png Greyscale , as defined in 5.3 TS 38.101-1 [2] and 5.3 TS 38.101-2 [3]”; see pg. 9 of 3GPP TS 38.306 V17.0.0 (2022-03), hereby incorporated by reference in Kadan Veedu paragraph [0021]); and determine the maximum data rate further based on the maximum PRB allocation (see paragraph [0022] where PNG media_image2.png 23 49 media_image2.png Greyscale is used to determine the maximum data rate; see also pg. 8 of 3GPP TS 38.306 V17.0.0 (2022-03)). 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 40, 49 and 53 are rejected under 35 U.S.C. 103 as being unpatentable over Kadan Veedu (US 2024/0284247 A1) in view of He et al. (US 2025/0184806 A1, hereinafter “He”). As to claim 40: Kadan Veedu discloses the invention set forth above, but does not explicitly disclose wherein the maximum data rate is further based on a maximum physical resource block (PRB) allocation, and wherein the maximum PRB allocation equals 25 PRBs for sub-carrier spacing (SCS) of 15 kHz. However, He discloses wherein the maximum data rate is further based on a maximum physical resource block (PRB) allocation, and wherein the maximum PRB allocation equals 25 PRBs for sub-carrier spacing (SCS) of 15 kHz (“At 15 kHz SCS, a UE may communicate with up to 25 resource blocks”; [0037]; [0044]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of He into Kadan Veedu as it would allow the maximum data rate to be further based on a maximum physical resource block (PRB) allocation, and wherein the maximum PRB allocation equals 25 PRBs for sub-carrier spacing (SCS) of 15 kHz. Such combination would have been obvious as the references are from analogous art, where applying a known technique to a known device (method, or product) ready for improvement would yield predictable results. Such combination would have also provided cost savings benefits, improve battery life, or both, compared to other user equipment (He; [0043]). As to claim 49: Kadan Veedu discloses the invention set forth above, but does not explicitly disclose wherein the maximum data rate is further based on a maximum physical resource block (PRB) allocation, and wherein the maximum PRB allocation equals 25 PRBs for sub-carrier spacing (SCS) of 15 kHz. However, He discloses wherein the maximum data rate is further based on a maximum physical resource block (PRB) allocation, and wherein the maximum PRB allocation equals 25 PRBs for sub-carrier spacing (SCS) of 15 kHz (“At 15 kHz SCS, a UE may communicate with up to 25 resource blocks”; [0037]; [0044]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of He into Kadan Veedu as it would allow the maximum data rate to be further based on a maximum physical resource block (PRB) allocation, and wherein the maximum PRB allocation equals 25 PRBs for sub-carrier spacing (SCS) of 15 kHz. Such combination would have been obvious as the references are from analogous art, where applying a known technique to a known device (method, or product) ready for improvement would yield predictable results. Such combination would have also provided cost savings benefits, improve battery life, or both, compared to other user equipment (He; [0043]). As to claim 53: Kadan Veedu discloses the invention set forth above, but does not explicitly disclose wherein the maximum data rate is further based on a maximum physical resource block (PRB) allocation, and wherein the maximum PRB allocation equals 25 PRBs for sub-carrier spacing (SCS) of 15 kHz. However, He discloses wherein the maximum data rate is further based on a maximum physical resource block (PRB) allocation, and wherein the maximum PRB allocation equals 25 PRBs for sub-carrier spacing (SCS) of 15 kHz (“At 15 kHz SCS, a UE may communicate with up to 25 resource blocks”; [0037]; [0044]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of He into Kadan Veedu as it would allow the maximum data rate to be further based on a maximum physical resource block (PRB) allocation, and wherein the maximum PRB allocation equals 25 PRBs for sub-carrier spacing (SCS) of 15 kHz. Such combination would have been obvious as the references are from analogous art, where applying a known technique to a known device (method, or product) ready for improvement would yield predictable results. Such combination would have also provided cost savings benefits, improve battery life, or both, compared to other user equipment (He; [0043]). Claims 42, 51 and 55 are rejected under 35 U.S.C. 103 as being unpatentable over Kadan Veedu (US 2024/0284247 A1) in view of Hong et al. (US 2024/0414771 A1, hereinafter “Hong”). As to claim 42: Kadan Veedu discloses the invention set forth above, but does not explicitly disclose wherein the processing circuitry is to: select one or more random access resources configured for RedCap UEs; and perform a random access procedure based on the selected one or more random access resources. However, Hong discloses wherein the processing circuitry (“one or more processors 102”; Fig. 2; [0081]) is to: select one or more random access resources configured for RedCap UEs (“UE selected the RA resource for the RedCap”; [0237]); and perform a random access procedure based on the selected one or more random access resources (“the UE completes the RA procedure by using the selected RA resource”; [0239]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Hong into Kadan Veedu as it would allow the processing circuitry is to: select one or more random access resources configured for RedCap UEs; and perform a random access procedure based on the selected one or more random access resources. Such combination would have been obvious as the references are from analogous art, where applying a known technique to a known device (method, or product) ready for improvement would yield predictable results. Such combination would have also reduced delay or latency in such systems (Hong; [0002]). As to claim 51: Kadan Veedu discloses the invention set forth above, but does not explicitly disclose the operations comprising: selecting one or more random access resources configured for RedCap UEs; and performing a random access procedure based on the selected one or more random access resources. However, Hong discloses the operations comprising: selecting one or more random access resources configured for RedCap UEs (“UE selected the RA resource for the RedCap”; [0237]); and performing a random access procedure based on the selected one or more random access resources (“the UE completes the RA procedure by using the selected RA resource”; [0239]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Hong into Kadan Veedu as it would allow the operations to comprise: selecting one or more random access resources configured for RedCap UEs; and performing a random access procedure based on the selected one or more random access resources. Such combination would have been obvious as the references are from analogous art, where applying a known technique to a known device (method, or product) ready for improvement would yield predictable results. Such combination would have also reduced delay or latency in such systems (Hong; [0002]). As to claim 55: Kadan Veedu discloses the invention set forth above, but does not explicitly disclose wherein the processing circuitry is to: select one or more random access resources configured for RedCap UEs; and perform a random access procedure based on the selected one or more random access resources. However, Hong discloses wherein the processing circuitry (“one or more processors 102”; Fig. 2; [0081]) is to: select one or more random access resources configured for RedCap UEs (“UE selected the RA resource for the RedCap”; [0237]); and perform a random access procedure based on the selected one or more random access resources (“the UE completes the RA procedure by using the selected RA resource”; [0239]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Hong into Kadan Veedu as it would allow the processing circuitry is to: select one or more random access resources configured for RedCap UEs; and perform a random access procedure based on the selected one or more random access resources. Such combination would have been obvious as the references are from analogous art, where applying a known technique to a known device (method, or product) ready for improvement would yield predictable results. Such combination would have also reduced delay or latency in such systems (Hong; [0002]). Allowable Subject Matter Claims 41, 44-46, 50, 54 and 57-58 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 in addition to overcoming the 35 U.S.C. 112(a) rejections. Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Myung et al. US 2024/0388378 A1 discloses A (approximated) maximum data rate for the serving cell may be determined to be a maximum value of a (approximated) maximum data rate calculated using Equation 1 according to each supported band or band combination. Myung additionally discloses the product of V(j)Layers ∙ Q(j)m ∙ f(j) being less than 4 (see at least paragraphs [0471]-[0472]). Ye et al. US 2023/0015168 A1 discloses For example, the upper-limit uplink data rate may be calculated (e.g., by the base station 108) based on one or more capabilities as reported by the UE 104 (e.g., via capability signaling), such as the maximum number of supported MIMO layers, the maximum modulation order, the maximum bandwidth for the serving cell (e.g., with or without a scaling factor applied), and/or a scaling factor (see [0062]) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIELA VIDAL CARPIO whose telephone number is (571)272-1250. The examiner can normally be reached M-F 8:00AM to 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, Ayaz Sheikh can be reached at (571)272-3795. 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. /MARIELA VIDAL CARPIO/Primary Examiner, Art Unit 2476
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Prosecution Timeline

Aug 13, 2024
Application Filed
Oct 06, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
78%
With Interview (+1.0%)
3y 2m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
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