Prosecution Insights
Last updated: October 02, 2026
Application No. 18/847,277

UPLINK POWER CONTROL BASED ON UPLINK PATHLOSS

Non-Final OA §103§112
Filed
Sep 16, 2024
Priority
Mar 23, 2022 — EU 22163909.9 +1 more
Examiner
VUONG, QUOCHIEN B
Art Unit
Tech Center
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
771 granted / 859 resolved
+29.8% vs TC avg
Minimal -1% lift
Without
With
+-0.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
21 currently pending
Career history
872
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
36.1%
-3.9% vs TC avg
§102
28.1%
-11.9% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 859 resolved cases

Office Action

§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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 09/16/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claim 20 is objected to because of the following informalities: “a first transmission indicative of an uplink pathloss the one or more reference signals” lines 14-15 should be “a first transmission indicative of an uplink pathloss of the one or more reference signals”. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 20 and 45-63 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 20, 45-59 and 61 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: between the first infrastructure equipment and the second infrastructure equipment. In addition, claims 20, 45-59 and 61 are being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: transmit, to the second infrastructure equipment, transmission power of the one or more reference signals. Since it is not clear how the second infrastructure equipment gets a first transmission indicative of an uplink pathloss of the one or more reference signals while only the first infrastructure equipment receives the one or more reference signal and no information about the transmission power of the one or more reference signals. Claims 45-52 further recite “transmit, to the second infrastructure equipment, information indicative of the transmission power of the one or more reference signals; wherein the second infrastructure equipment is configured to: identify, based on the information indicative of the transmission power of the one or more reference signals, the transmission power of the one or more reference signals; and calculate, based on the transmission power and the received signal power of the one or more reference signals, the uplink pathloss”, but it is not clear how the second infrastructure equipment gets the received signal power of the one or more reference signals to calculate the uplink pathloss. Claims 45-51 recite the limitation "the received signal power of the one or more reference signals" in claim 45, lines 9-10. There is insufficient antecedent basis for this limitation in the claim. Claim 57 recites the limitation "the commencement of a measurement period" in claim 57, line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 58 recites the limitation "the commencement of a measurement period" in claim 58, line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 60 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: transmitting, the one or more reference signals or measurement of the received signal power of the one or more reference signals to the second infrastructure equipment; and transmitting, transmission power of the one or more reference signals to the second infrastructure equipment. Since it is not clear how the second infrastructure equipment gets a first transmission indicative of an uplink pathloss of the one or more reference signals while only the first infrastructure equipment receives one or more reference signal and no information about the transmission power of the one or more reference signals. Claims 62 and 63 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: receive/receiving, from the communication device, transmission power of the one or more reference signals. Since it is not clear how the infrastructure equipment gets a first transmission indicative of an uplink pathloss of the one or more reference signals with only the received signal power of one or more reference signals and no information about the transmission power of the one or more reference signals. 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. 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) 20, 53 and 59-61 are rejected under 35 U.S.C. 103 as being unpatentable over Venugopal et al. (US 2021/0195530 A1) in view of Cheng et al. (US 2017/0295178 A1). Regarding claims 20 and 61, Venugopal et al. (figures 1, 2, 3B, 4 and 6) disclose a communications device (user equipment (UE) 120, 306, 602) and a circuitry for a communication device, comprising: a controller (280); and a transceiver (258 and 264, 604 and 608) configured to transmit uplink signals and/or receive downlink signals; wherein the controller is configured with the transceiver to communicate with a first infrastructure equipment (relay station 110d) via a first air interface provided by the first infrastructure equipment (paragraph [0054]), and to communicate with a second infrastructure equipment (110a) via a second air interface provided by the second infrastructure equipment (paragraph [0051]); wherein the second air interface includes a downlink interface for the communications device; and wherein the communications device is configured to: transmit, to the first infrastructure equipment via the first air interface, one or more reference signals (figure 1 shows the communications device can transmit to the Macro BS 110a and other first infrastructure equipment such as Pico BS 110b, Femto BS 110c or Relay BS 110d, paragraphs [0051] and [0052]); receive, from the second infrastructure equipment, a first transmission indicative of an uplink pathloss the one or more reference signals (pathloss reference signal, block 410, paragraph [0088]); identify, based on the received first transmission, the uplink pathloss for the communications device on the first air interface (block 420, paragraph [0089]); and control an uplink power for the communications device, based on the uplink pathloss (block 430, paragraphs [0090]-[0092], [0104] and [0105]). Venugopal et al. disclose the first air interface is both uplink and downlink interface for the communications device (UE and relay station 110d, paragraph [0054]). Venugopal et al. do not explicitly disclose wherein the first air interface is an uplink-only interface for the communications device. However, Cheng et al. (figure 5b) disclose a relay station with uplink-only air interface (unidirectional relay 504) for the communications device (UE 502) (paragraphs [0086] and [0087]). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the uplink-only interface of the unidirectional relay of Cheng et al. to the first air interface of Venugopal et al. for relaying the signal in an uplink direction. Regarding claim 53, Venugopal et al. and Cheng et al. disclose the communications device of claim 20 above. In addition, Venugopal et al. disclose wherein the second infrastructure equipment is configured to transmit, to the communications device, configuration information for the one or more reference signals (paragraphs [0088] and [0105]). Regarding claim 59, Venugopal et al. and Cheng et al. disclose the communications device of claim 20 above. In addition, Venugopal et al. disclose wherein the second air interface further includes an uplink interface for the communications device (figure 2 transmitter 264, and figure 6 transmission component 608). Regarding claim 60, Venugopal et al. (figures 1, 2, 3B, 4 and 6) disclose a method of operating a communications device (user equipment (UE) 120, 306, 602) configured to communicate with a first infrastructure equipment (relay station 110d) via a first air interface provided by the first infrastructure equipment (paragraph [0054]), and to communicate with a second infrastructure equipment (110a) via a second air interface provided by the second infrastructure equipment (paragraph [0051]), wherein the second air interface includes a downlink interface for the communications device; wherein the method comprises: transmitting, to the first infrastructure equipment via the first air interface, one or more reference signals (figure 1 shows the communications device can transmit to the Macro BS 110a and other first infrastructure equipment such as Pico BS 110b, Femto BS 110c or Relay BS 110d, paragraphs [0051] and [0052]); receiving, from the second infrastructure equipment, a first transmission indicative of an uplink pathloss of the one or more reference signals (pathloss reference signal, block 410, paragraph [0088]); identifying, based on the received first transmission, the uplink pathloss for the communications device on the first air interface (block 420, paragraph [0089]); and controlling an uplink power for the communications device, based on the uplink pathloss (block 430, paragraphs [0090]-[0092], [0104] and [0105]). Venugopal et al. disclose the first air interface is both uplink and downlink interface for the communications device (UE and relay station 110d, paragraph [0054]). Venugopal et al. do not explicitly disclose wherein the first air interface is an uplink-only interface for the communications device. However, Cheng et al. (figure 5b) disclose a relay station with uplink-only air interface (unidirectional relay 504) for the communications device (UE 502) (paragraphs [0086] and [0087]). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the uplink-only interface of the unidirectional relay of Cheng et al. to the first air interface of Venugopal et al. for relaying the signal in an uplink direction. Claim(s) 62 and 63 are rejected under 35 U.S.C. 103 as being unpatentable over Venugopal et al. (US 2021/0195530 A1) in view of Berggren et al. (US 2021/0136655 A1) Regarding claims 62 and 63, Venugopal et al. (figures 1, 2, 3B, 4 and 6) disclose an infrastructure equipment (Macro BS 110a) and a method for operating the infrastructure equipment, comprising: a controller; a transceiver configured to transmit downlink signals to a communications device (user equipment (UE) 120); and a network interface configured to transmit signals to and/or receive signals from another infrastructure equipment (Relay BS 110d), wherein the other infrastructure equipment is configured to communicate with the communications device via a first air interface provided by the other infrastructure equipment (figure 1 shows the communications device can transmit to the Macro BS 110a and other infrastructure equipment such as Pico BS 110b, Femto BS 110c or Relay BS 110d, paragraphs [0051], [0052] and [0054]), wherein the infrastructure equipment is configured to transmit downlink signals to the communications device via a second air interface provided by the infrastructure equipment (paragraph [0051]), wherein the second air interface includes a downlink interface for the communications device; wherein the controller together with the transceiver and network interface is configured to cause the infrastructure equipment to: transmit, to the communications device via the second air interface, a first transmission indicative of an uplink pathloss of the one or more reference signals (pathloss reference signal, block 410, paragraph [0088]). Venugopal et al. disclose the first air interface is both uplink and downlink interface for the communications device (UE and relay station 110d, paragraph [0054]). Venugopal et al. do not explicitly disclose wherein the first air interface is an uplink-only interface for the communications device Venugopal et al. disclose the first air interface is both uplink and downlink interface for the communications device (UE and relay station 110d, paragraph [0054]). Venugopal et al. do not explicitly disclose wherein the first air interface is an uplink-only interface for the communications device and receive, from the other infrastructure equipment, a received signal power of one or more reference signals received at the other infrastructure equipment and from the communications device, wherein the received signal power is measured by the other infrastructure equipment. However, Berggren et al. disclose a first air interface between the communications device (terminal 100) and other infrastructure equipment (relay 200) is an uplink-only interface for the communications device (paragraph [0067]); and receive, from the other infrastructure equipment, a received signal power of one or more reference signals (paragraphs [0100]-[0102]). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to adapt the uplink-only interface of the relay of Berggren et al. to the first air interface of Venugopal et al. and receive, from the other infrastructure equipment, a received signal power of one or more reference signals of Berggren et al. to the infrastructure equipment and method of Venugopal et al. for relaying the signal and received signal power in an uplink direction. Allowable Subject Matter Claims 45-52 and 54-58 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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. Molavian et al. (US 10,945,216 B2) disclose apparatuses, methods, and systems for uplink power control; the method includes receiving uplink power control parameters; determining a first transmit power for the first uplink transmission based on a corresponding first set of uplink power control parameters; determining a second transmit power for the second uplink transmission based on a corresponding second set of uplink power control parameters; performing the first uplink transmission using a first uplink transmission beam pattern or a first spatial domain transmission filter based on the first transmit power; performing the second uplink transmission using a second uplink transmission beam pattern or a second spatial domain transmission filter based on the second transmit power. Chen et al. (US 11,039,407 B2) teach a method for power headroom (PH) reporting includes a terminal calculates PH of uplink signals on a plurality of bandwidth parts (BWPs), the plurality of BWPs being BWPs currently configured or activated for the terminal; and the terminal sends the PH of the uplink signal on at least one of the plurality of BWPs to a network device. Seo et al. (US 11,159,276 B2) disclose a method for transmitting feedback information in a wireless network supporting a downlink and a sidelink, the method comprises the steps of: receiving, by a remote terminal, downlink data from a base station through the downlink; and transmitting, by the remote terminal, feedback information associated with the downlink data to a relay terminal through the sidelink. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOCHIEN B VUONG whose telephone number is (571)272-7902. The examiner can normally be reached 10:00-06:00PM M-F. 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, ANTHONY ADDY can be reached at 571-272-7795. 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. /QUOCHIEN B VUONG/Primary Examiner, Art Unit 2645
Read full office action

Prosecution Timeline

Sep 16, 2024
Application Filed
Aug 25, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
89%
With Interview (-0.6%)
2y 5m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 859 resolved cases by this examiner. Grant probability derived from career allowance rate.

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