Prosecution Insights
Last updated: October 02, 2026
Application No. 18/856,848

METHOD AND APPARATUS FOR RECEIVING SIGNALS AND FOR SENDING SIGNALS, AND STORAGE MEDIUM

Non-Final OA §103
Filed
Oct 14, 2024
Priority
Apr 14, 2022 — nonprovisional of PCTCN2022086922
Examiner
SHAH, SAUMIT
Art Unit
Tech Center
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
484 granted / 551 resolved
+27.8% vs TC avg
Moderate +10% lift
Without
With
+10.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
22 currently pending
Career history
565
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
63.5%
+23.5% vs TC avg
§102
5.4%
-34.6% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 551 resolved cases

Office Action

§103
DETAILED ACTION This office action is a response to the application filed on 10/14/2024, which is a 371 application entering national stage from PCT/CN2022/086922 filed on 4/14/2022. Claims 1-13, 16-17, 22, 26, 35 and 37-38 are pending and ready for examination. 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 Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 11-12, 16, 26, 35 and 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over FU et al. (US 2025/0119248, hereinafter Fu) in view of Bendlin et al. (US 2021/0058953; provided in Applicant’s IDS dated 10/14/2024, hereinafter Bendlin). Regarding claim 1, Fu discloses a method for receiving signals, performed by a terminal, comprising: determining first initial Resource Elements (REs) corresponding to a first Demodulation Reference Signal (DMRS) of a Physical Downlink Control Channel (PDCCH) of a first system [Fu discloses that a UE may determine the number of REs occupied by the DMRS of PDCCH and the frequency domain positions of the REs (Fu paragraph 0104). In one example, when the communication system (i.e. a first system) does not coexist with the LTE system (i.e. a second system), the position of the DMRS of PDCCH may be as shown in Fig. 7 (Fu paragraph 0109, Figure 7)]; Determining second initial REs corresponding to a reference signal of a second system [Fu discloses that a higher layer signaling configuration may indicate the number of ports for the CRS of LTE and frequency position of the CRS. The UE may determine the frequency domain positions of the REs according to the number of ports for the CRS of LTE (i.e. determining initial REs corresponding to a reference signal of a second system) (Fu paragraphs 0104 and 0109)]; Determining candidate REs corresponding to the first DMRS by shift based on the first initial REs; wherein resources corresponding to the first initial REs and the second initial REs are same [Fu discloses an example where the communication system coexists with the LTE system, the CRS of LTE may overlap with the DMRS of PDCCH (i.e. resources corresponding to the first initial REs and the second initial REs are same) (Fu paragraph 0109, Figure 8)]. Fu does not expressly disclose the features of determining candidate REs corresponding to the first DMRS by shift based on the first initial REs; wherein resources corresponding to the first initial REs and the second initial REs are same; and detecting and receiving the first DMRS on available REs of the candidate REs; wherein the available REs are unoccupied by another reference signal, and the another reference signal is a second DMRS or the reference signal of the second system. However, in the same or similar field of invention, Bendlin discloses that in order to avoid collision of LTE CRS with NR DMRS, the NR DMRS is shifted (e.g. to a symbol of the NR PDSCH not carrying LTE CRS). This allows use of NR OFDM symbols (except first two of a slot), when NR PDCCH is transmitted outside of the first three OFDM symbols of a slot using NR PDSCH mapping, where NR DMRS is not sent on the symbol of resource allocation containing LTE CRS (Bendlin paragraphs 0041 and 0042). Thus, candidate REs corresponding to the first DMRS are determined by shift, and the DMRS is received on available REs that are not occupied by reference signal of the second system (i.e. LTE CRS). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fu to have the features of determining candidate REs corresponding to the first DMRS by shift based on the first initial REs; wherein resources corresponding to the first initial REs and the second initial REs are same; and detecting and receiving the first DMRS on available REs of the candidate REs; wherein the available REs are unoccupied by another reference signal, and the another reference signal is a second DMRS or the reference signal of the second system; as taught by Bendlin. The suggestion/motivation would have been to facilitate the use of NR OFDM symbols in order to provide increased spectral efficiency (Bendlin paragraph 0076). Regarding claim 11, Fu and Bendlin disclose the method of claim 1. Fu and Bendlin further disclose regarding determining that no available RE exists in the candidate REs, then not receiving the first DMRS [Fu discloses an example where there is only one port for the CRS of LTE, if the DMRS of PDCCH overlaps with the CRS of LTE (i.e. similar to no available RE exists in the candidate REs), the DMRS of PDCCH at the overlapping position is not received (Fu paragraphs 0127 and 0128)]. In addition, the same motivation is used as the rejection of claim 1. Regarding claim 12, Fu discloses a method for receiving signals, performed by a terminal, comprising: determining first initial Resource Elements (REs) where a first Demodulation Reference Signal (DMRS) of a Physical Downlink Control Channel (PDCCH) of a first system is located [Fu discloses that a UE may determine the number of REs occupied by the DMRS of PDCCH and the frequency domain positions of the REs (Fu paragraph 0104). In one example, when the communication system (i.e. a first system) does not coexist with the LTE system (i.e. a second system), the position of the DMRS of PDCCH may be as shown in Fig. 7 (Fu paragraph 0109, Figure 7)]; Determining second initial REs where a reference signal of a second system is located [Fu discloses that a higher layer signaling configuration may indicate the number of ports for the CRS of LTE and frequency position of the CRS. The UE may determine the frequency domain positions of the REs according to the number of ports for the CRS of LTE (i.e. determining initial REs corresponding to a reference signal of a second system) (Fu paragraphs 0104 and 0109)]; Determining available REs; wherein resources corresponding to the first initial REs and the second initial REs are same, the available REs are unoccupied by another reference signal within a first frequency domain range corresponding to the PDCCH, and the another reference signal comprises a second DMRS or the reference signal of the second system [Fu discloses an example where the communication system coexists with the LTE system, the CRS of LTE may overlap with the DMRS of PDCCH (i.e. resources corresponding to the first initial REs and the second initial REs are same) (Fu paragraph 0109, Figure 8)]. Fu does not expressly disclose the features of determining available REs; wherein resources corresponding to the first initial REs and the second initial REs are same, the available REs are unoccupied by another reference signal within a first frequency domain range corresponding to the PDCCH, and the another reference signal comprises a second DMRS or the reference signal of the second system; and detecting and receiving the first DMRS on the available REs. However, in the same or similar field of invention, Bendlin discloses that in order to avoid collision of LTE CRS with NR DMRS, the NR DMRS is shifted (e.g. to a symbol of the NR PDSCH not carrying LTE CRS). This allows use of NR OFDM symbols (except first two of a slot), when NR PDCCH is transmitted outside of the first three OFDM symbols of a slot using NR PDSCH mapping, where NR DMRS is not sent on the symbol of resource allocation containing LTE CRS (Bendlin paragraphs 0041 and 0042). Thus, first DMRS is received on available REs such that the available REs are unoccupied by reference signal of the second system. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fu to have the features of determining available REs; wherein resources corresponding to the first initial REs and the second initial REs are same, the available REs are unoccupied by another reference signal within a first frequency domain range corresponding to the PDCCH, and the another reference signal comprises a second DMRS or the reference signal of the second system; and detecting and receiving the first DMRS on the available REs; as taught by Bendlin. The suggestion/motivation would have been to facilitate the use of NR OFDM symbols in order to provide increased spectral efficiency (Bendlin paragraph 0076). Regarding claim 16, Fu discloses a method for sending signals, performed by a base station, comprising: determining first initial Resource Elements (REs) where a first Demodulation Reference Signal (DMRS) of a Physical Downlink Control Channel (PDCCH) of a first system is located [Fu discloses that a UE may determine the number of REs occupied by the DMRS of PDCCH and the frequency domain positions of the REs (Fu paragraph 0104). In one example, when the communication system (i.e. a first system) does not coexist with the LTE system (i.e. a second system), the position of the DMRS of PDCCH may be as shown in Fig. 7 (Fu paragraph 0109, Figure 7). Fu discloses that the method for determining the number of the REs occupied by the DMRS of PDCCH and the frequency domain positions of the REs may be performed by the base station or UE (Fu paragraph 0108)]; Determining second initial REs where a reference signal of a second system is located [Fu discloses that a higher layer signaling configuration may indicate the number of ports for the CRS of LTE and frequency position of the CRS. The UE may determine the frequency domain positions of the REs according to the number of ports for the CRS of LTE (i.e. determining initial REs corresponding to a reference signal of a second system) (Fu paragraphs 0104 and 0109)]; Determining candidate REs corresponding to the first DMRS by shift based on the first initial REs; wherein resources corresponding to the first initial REs and the second initial REs are same [Fu discloses an example where the communication system coexists with the LTE system, the CRS of LTE may overlap with the DMRS of PDCCH (i.e. resources corresponding to the first initial REs and the second initial REs are same) (Fu paragraph 0109, Figure 8)]. Fu does not expressly disclose the features of determining candidate REs corresponding to the first DMRS by shift based on the first initial REs; wherein resources corresponding to the first initial REs and the second initial REs are same; and sending the first DMRS on available REs of the candidate REs; wherein the available REs are unoccupied by another reference signal, and the another reference signal is a second DMRS or the reference signal of the second system. However, in the same or similar field of invention, Bendlin discloses that in order to avoid collision of LTE CRS with NR DMRS, the NR DMRS is shifted (e.g. to a symbol of the NR PDSCH not carrying LTE CRS). This allows use of NR OFDM symbols (except first two of a slot), when NR PDCCH is transmitted outside of the first three OFDM symbols of a slot using NR PDSCH mapping, where NR DMRS is not sent on the symbol of resource allocation containing LTE CRS (Bendlin paragraphs 0041 and 0042). Thus, candidate REs corresponding to the first DMRS are determined by shift, and the DMRS is received on available REs that are not occupied by reference signal of the second system (i.e. LTE CRS). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Fu to have the features of determining candidate REs corresponding to the first DMRS by shift based on the first initial REs; wherein resources corresponding to the first initial REs and the second initial REs are same; and sending the first DMRS on available REs of the candidate REs; wherein the available REs are unoccupied by another reference signal, and the another reference signal is a second DMRS or the reference signal of the second system; as taught by Bendlin. The suggestion/motivation would have been to facilitate the use of NR OFDM symbols in order to provide increased spectral efficiency (Bendlin paragraph 0076). Regarding claim 26, Fu and Bendlin disclose the method of claim 16. Fu and Bendlin further disclose regarding determining that no available RE exists in the candidate REs, then not sending the first DMRS [Fu discloses an example where there is only one port for the CRS of LTE, if the DMRS of PDCCH overlaps with the CRS of LTE (i.e. similar to no available RE exists in the candidate REs), the DMRS of PDCCH at the overlapping position is not received (Fu paragraphs 0127 and 0128)]. In addition, the same motivation is used as the rejection of claim 16. Regarding claim 35, Fu and Bendlin disclose the method for receiving signals of claim 1. Fu and Bendlin further disclose a non-transitory computer readable storage medium, wherein the non-transitory computer readable storage medium stores computer programs and the computer programs are used to execute the method for receiving signals of claim 1 [Fu discloses that the operations and sub-operations may be stored as a series of non-transitory code instructions readable by the processor, computer or machine, they may be stored on tangible and/or non-transitory media (Fu paragraph 0185). Bendlin discloses that the various embodiments can be implemented as a method, apparatus or article of manufacture using standard programming and/or engineering techniques to produce software, firmware, hardware or any combination thereof to control a computer to implement the disclosed subject matter (Bendlin paragraphs 0026, 0072, 0083-0085)]. In addition, the same motivation is used as the rejection of claim 1. Regarding claim 37, Fu and Bendlin disclose the method for receiving signals of claim 1. Fu and Bendlin further disclose a communication apparatus, comprising: a processor; a memory storing processor executable instructions, and wherein the processor is configured to execute the processor executable instructions to perform the method for receiving signals of claim 1 [Fu Figure 3a discloses an example UE comprising components such as an RF transceiver, a memory, a processor, etc. (Fu Figure 3a, paragraphs 0069-0076. Also see Fu Figure 18, paragraphs 0179-0182)]. In addition, the same motivation is used as the rejection of claim 1. Regarding claim 38, Fu and Bendlin disclose the method for sending signals of claim 16. Fu and Bendlin further disclose a signal transmission apparatus, comprising: a processor; a memory storing processor executable instructions, and wherein the processor is configured to execute the processor executable instructions to perform the method for sending signals of claim 16 [Fu Figure 3b discloses an example gNB comprising components such as an RF transceiver, a memory, a processor, etc. (Fu Figure 3b, paragraphs 0077-0086). Also see Fu Figure 18, paragraphs 0179-0182)]. In addition, the same motivation is used as the rejection of claim 16. Allowable Subject Matter Claims 2-10, 13, 17, 22 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. Claim 2 would be allowable because the closest prior art, either alone or in combination, fails to anticipate or render obvious the features of wherein determining the candidate REs corresponding to the first DMRS by shift based on the first initial REs comprises: determining a first shift range by shift based on the first initial REs; and determining REs within the first shift range as the candidate REs; in combination with all other limitations in the base claim and any intervening claims. Claim 13 would be allowable because the closest prior art, either alone or in combination, fails to anticipate or render obvious the features of wherein determining the available REs comprises: determining a first proportion of the second initial REs within the first frequency domain range; determining an available-RE index set based on the first proportion; wherein there is a preset correspondence between the first proportion and the available-RE index set; removing the second initial REs within the first frequency domain range to obtain a candidate-RE set; and determining the available REs in the candidate-RE set based on the available-RE index set, wherein determining the first proportion of the second initial REs within the first frequency domain range, comprises: determining a ratio of a number of the second initial REs within the first frequency domain range to a total number of REs within the first frequency domain range to obtain the first proportion; and/or wherein determining the available REs in the candidate-RE set based on the available-RE index set comprises: re-numbering each RE in the candidate-RE set in an ascending order based on a corresponding index, and determining an index value of each RE in the candidate-RE set; and determining REs indicated by the available-RE index set in the candidate-RE set, as the available REs; in combination with all other limitations in the base claim and any intervening claims. Claim 17 would be allowable because the closest prior art, either alone or in combination, fails to anticipate or render obvious the features of wherein determining the candidate REs corresponding to the first DMRS by shift based on the first initial REs comprises: determining a first shift range by shift based on the first initial REs; and determining REs within the first shift range as the candidate REs; wherein determining the first shift range by shift based on the first initial REs comprises: performing sequential shift in a first direction in frequency domain based on the first initial REs; and determining that a first shift stop condition is satisfied, then determining, as the first shift range, a frequency domain range obtained by performing shift in the first direction; or performing sequential shift in a first direction in frequency domain based on the first initial REs; determining that a first shift stop condition is satisfied, performing sequential shift in a second direction in frequency domain based on the first initial REs; and determining that the first shift stop condition is satisfied again, determining, as the first shift range, a frequency domain range obtained by performing the shift in the first direction and the second direction; or performing sequential shift in a first direction in frequency domain based on the first initial REs; determining that a first shift stop condition is satisfied, performing sequential shift in a second direction in frequency domain based on the first initial REs; determining that the first shift stop condition is satisfied again, shifting one time unit in a third direction in time domain based on the first initial REs; continuing shift based on a shift sequence of the first direction, the second direction and the third direction; and determining that a second shift stop condition is satisfied in case of performing the shift in the third direction, determining, as the first shift range, a frequency domain range obtained by performing the shift in the first direction and the second direction and a time domain range obtained by performing the shift in the third direction; in combination with all other limitations in the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAUMIT SHAH whose telephone number is (571)272-6959. The examiner can normally be reached Monday - Friday 9 am - 6 pm. 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, EDAN ORGAD can be reached at (571) 272-7884. 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. /SAUMIT SHAH/Primary Examiner, Art Unit 2414
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Prosecution Timeline

Oct 14, 2024
Application Filed
Sep 15, 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
98%
With Interview (+10.3%)
2y 4m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 551 resolved cases by this examiner. Grant probability derived from career allowance rate.

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