Prosecution Insights
Last updated: October 01, 2026
Application No. 18/859,941

USER EQUIPMENT AND BASE STATION INVOLVED IN SPATIAL/FREQUENCY DOMAIN MEASUREMENT

Non-Final OA §102§103
Filed
Oct 24, 2024
Priority
Apr 28, 2022 — EU 22170650.0 +1 more
Examiner
WONG, XAVIER S
Art Unit
Tech Center
Assignee
Panasonic Holdings Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
901 granted / 1025 resolved
+27.9% vs TC avg
Moderate +10% lift
Without
With
+10.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
28 currently pending
Career history
1044
Total Applications
across all art units

Statute-Specific Performance

§101
7.9%
-32.1% vs TC avg
§103
55.1%
+15.1% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
4.7%
-35.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1025 resolved cases

Office Action

§102 §103
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 Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP 22170650, filed on 4th May 2022. ---------- ---------- ---------- Information Disclosure Statement The information disclosure statement (IDS) submitted on 24th October 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. ========== ========== ========== Claim Rejections - 35 USC § 102 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. Claims 1, 6, 7, 8 and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cui et al (US 2021/0058807 A1). Claim 1 (similarly Claim 11). Cui shows a communication apparatus (figs. 12 and 14: UE), comprising: a transceiver (fig. 12: FEM+antenna 1208+1210; fig. 14: multiple antenna); and circuitry (fig. 12: baseband+RF circuitries; fig. 14: application processor), which, in operation, controls the transceiver to measure interference per frequency range on one or more configured frequency ranges and/or per spatial direction in one or more configured spatial directions ([0029]: a network can send measurement assistance information to a UE that indicates a per-frequency range (per-FR) measurement gap pattern for the UE… the UE can use per-RF measurement gap pattern(s) received from the network to identify and measure intra-frequency cells and/or inter-frequency cells and/or inter-radio access technology (RAT) E-UTRAN cells; [0065]: a user equipment (UE) operable to decode measurement gap patterns received from a Next Generation NodeB (gNB)), and generates a measurement report including an indication of the measured interference per frequency range and/or per spatial direction (see above; [0065]: the UE can comprise one or more processors configured to encode, at the UE, the one or more measurements for the selected frequency layers for reporting to the gNB), wherein the transceiver, in operation, transmits the measurement report ([0029]: the UE can report measurements collected at the UE in accordance with the per-RF measurement gap pattern(s) to the network; [0065]: the UE can comprise a memory interface configured to send to a memory the per-FR measurement gap pattern). Claim 6. Cui shows the communication apparatus according to claim 1, wherein the measurement report is a layer 1 measurement report ([0045]: RSRP). ---------- ----------- ---------- Claim 7. Cui shows a base station (fig. 9 and [0066]: gNB) comprising: a transceiver (gNB must have TX/RX functions), which, in operation, receives a measurement report including an indication of measured interference per frequency range on one or more configured frequency ranges and/or per spatial direction in one or more configured spatial directions ([0065]: the UE can comprise one or more processors configured to encode, at the UE, the one or more measurements for the selected frequency layers for reporting to the gNB); and circuitry ([0066]: gNB processors), which, in operation, determines, based on the indication of the measured interference, a channel condition at a first communication apparatus and allocates ([0076]: each resource block comprises a collection of resource elements; in the frequency domain, this may represent the smallest quantity of resources that currently can be allocated; [0077]: the physical downlink control channel (PDCCH) may carry information about the transport format and resource allocations related to the PDSCH channel, among other things… inform the UEs 1101 and 1102 about the transport format, resource allocation, and H-ARQ (Hybrid Automatic Repeat Request) information related to the uplink shared channel), based on the determined channel condition, a downlink resource to the first communication apparatus and an uplink resource to a second communication apparatus ([0077]: downlink scheduling (assigning control and shared channel resource blocks to the UE 1102 within a cell) may be performed at any of the RAN nodes 1111 and 1112 based on channel quality information fed back from any of the UEs 1101 and 1102… the downlink resource assignment information may be sent on the PDCCH used for (e.g. assigned to) each of the UEs 1101 and 1102). Claim 8. Cui shows the base station according to claim 7, wherein the determined channel condition includes at least one of a channel between the base station and the first communication apparatus and a channel between the first communication apparatus and the second communication apparatus ([0077]: the downlink resource assignment information may be sent on the PDCCH used for (e.g. assigned to) each of the UEs 1101 and 1102), and wherein the circuitry, in operation, determines a beamforming capability of the first communication apparatus, a beamforming capability of the second communication apparatus, and a transmission power of the second communication apparatus ([0045]: a radio resource management (RRM) measurement for RSRP/RSRQ can be designed based on Tx beamforming at a gNB side, but omnidirectional Rx at the UE… a measurement period can be scaled by a Tx beam number of the gNB based on a legacy necessity period without any Tx or Rx beam). ---------- ---------- ---------- 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Cui et al in view of Großmann et al (US 2021/0167837, “Grossmann”). Claim 2. Cui shows the communication apparatus according to claim 1; Cui does not expressly describe wherein the communication apparatus is configured with one or more interference thresholds, the circuitry, in operation, compares the measured interference with the one or more interference thresholds, and the indication of the measured interference includes one bit or a plurality of quantized bits representing the result of the comparison.Grossmann teaches features of: one or more interference thresholds ([0136]: indicate via a flag that an UL transmission beam exists if the first quality or strength reduced by the second quality or strength is below a first threshold value, or if the ratio of the first quality or strength and the second quality or strength is below a second threshold value), compares measured interference with the one or more interference thresholds ([0283]: the other or newly selected UL transmission beam may provide for a communication having properties degraded when compared to the desired properties of the initial UL transmission beam), and the indication of the measured interference includes one bit or a plurality of quantized bits representing the result of the comparison ([0263]: the higher layer parameter ReportQuantity provided in the CSI-ReportConfig, as is indicated in reference, may be extended and configured with “CRI/RSRP/BC-BMP” or “SSB-Index/RSRP/BC-BMP” so that the UE may report the strongest beams by measuring the CSI-RS or the SSB/PBCH resources as indicated by the higher layer parameter together with the bitmap BC-BMP… bitmap reporting).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the features as taught by Grossmann in the interference measurement process of Cui to facilitate tracking signal attenuation or path loss. Claim 5. Cui shows the communication apparatus according to claim 1; Cui does not expressly describe wherein the circuitry, in operation, controls the transceiver to measure the interference per spatial direction, and wherein the measurement report includes an indication of a reference signal received power, (RSRP) measured on a downlink, uplink or sidelink resource per spatial direction for the one or more spatial directions.Grossmann teaches features of: measuring interference per spatial direction, and wherein the measurement report includes an indication of a reference signal received power, (RSRP) measured on a downlink, uplink or sidelink resource per spatial direction for the one or more spatial directions ([0012] and [0266]: in 5G NR beam-formed DL reference signals, such as the SSB, and beam-formed uplink, UL, reference signals, such as a beam-formed sounding reference signal, SRS, may be transmitted by the gNB/UE in a beam-sweeping operation into different spatial directions… the UE may perform DL measurements on the received beam-formed RSs transmitted by the gNB so as to identify and select one or more beams for a beam-formed DL transmission… the gNB may perform UL measurements on the received beam-formed RSs, which are transmitted by the UE, to identify and select one or more beams for a beam-formed UL transmission).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the RSRP measurement on resources in DL, UL or sidelink spatial directions as taught by Grossmann in the apparatus of Cui to facilitate compensating for high path loss. ---------- ---------- ---------- Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Cui et al in view of Manolakos et al (US 2024/0107488 A1). Claim 3. Cui shows the communication apparatus according to claim 1; Cui does not expressly describe wherein the circuitry, in operation, controls the transceiver to perform, as a measurement of the interference per frequency range and/or spatial direction, a received signal strength indication (RSSI) measurement, and the indication of the interference indicates the measured RSSI.Manolakos teaches feature of perform, as a measurement of interference per frequency range and/or spatial direction, a received signal strength indication (RSSI) measurement, and the indication of the interference indicates the measured RSSI ([0061]: the location measurements may include of a Received Signal Strength Indication (RSSI); [0122]: the UE can include in a single batch measurement report per frequency range (FR)).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply RSSI measurement as taught by Manolakos in the interference per frequency range measurement process of Cui to give a simple, low-cost way to measure wireless signal strength, check connection quality and track approximate device locations indoors without needing complex hardware. ---------- ---------- ---------- Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Cui et al in view of Wang et al (US 2023/0156798 A1). Claim 9. Cui shows the base station according to claim 7; Cui does not expressly describe wherein the downlink resource and the uplink resource include a time resource common to both the downlink resource and the uplink resource, and the allocating includes determining a guard band in frequency domain between the downlink resource and the uplink resource.Wang teaches features of: a time resource common to both the downlink resource and the uplink resource, and the allocating includes determining a guard band in frequency domain between the downlink resource and the uplink resource ([0126] – [0128]: it is assumed that a time length of Ngap1 before the location where the uplink and downlink transmission resources change is a guard period, or it is assumed that a time length of Ngap1 after the location where the uplink and downlink transmission resources change is a guard period… if the RO is within the flexible transmission resources determined according to the second-type cell-common UL/DL information, and the RO starts or ends NPRB1 PRBs beyond the frequency-domain boundary of the downlink transmission resources determined according to the second-type cell-common UL/DL information, and the RO starts or ends NPRB2 PRBs beyond the frequency-domain boundary of the downlink transmission resources of the first-type downlink signals, and does not overlap with the guard period, then the RO is valid).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the features of Wang in the channel condition determination process of Cui to reduce propagation loss of radio waves and facilitate an increase in a transmission distance. ---------- ---------- ---------- Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Cui et al in view of Wen et al (US 2016/0100397 A1). Claim 10. Cui shows the base station according to claim 7; Cui does not expressly describe comprising an interface for communication between base stations, and the circuitry, in operation, is configured to control reporting of the channel condition via the interface.Wen teaches features of: an interface for communication between base stations, and the circuitry, in operation, is configured to control reporting of the channel condition via the interface ([0053]: the macro eNB 20 uses its flow control function to determine the amount of data transmitted respectively by itself and the pico eNB 30 for the DRB, based on respective load and channel condition of itself and the pico eNB 30 etc in accordance with the buffer status report, and then provides the BSR and the decision information corresponding to the amount of data determined to be transmitted by the pico eNB 30 to the pico eNB 30 via the X2 interface).It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the features as taught by Wen in the base station of Cui to provide a better coverage of control plane data and enables small cell to provide larger capacity. ========== ========== ========== Allowable Subject Matter Claim 4 is 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. ---------- ---------- ---------- Conclusion The prior art made of record is considered pertinent to applicant’s disclosure. 1. Lindenmeier, US 2007/0058761 A1: an antenna diversity system for radio reception comprising a) a receiver; b) a plurality of antennas; c) a plurality of antenna feed lines forming at least one input signal path coupled to said plurality of antennas; d) a high frequency line coupled to said receiver; e) an antenna diversity module coupled to said plurality of antenna feed lines, and to said high frequency line said antenna diversity module comprising: i) at least one addressable logic signal selection switch comprising at least two switching devices for the selection of different antenna reception signals, said at least two switching devices in the form of at least a first switching device having it output coupled to a first output signal path and at least a second switching device having its output coupled to a second output signal path; ii) a summation circuit which is coupled to said receiver on its output side and has at least two inputs coupled to at least two signal paths, wherein at least one switching device in said at least one addressable logic signal selection switch has at least one output coupled to said summation circuit; iii) at least one phase rotation device that is disposed along at least one of said signal paths, and is pre-set in phase angle rotation, in a fixed manner wherein a reception signal of said plurality of antennas is switched through to one of said at least two inputs on said summation circuit and wherein with at least one of a set of switch positions of said signal selection switch, the reception signal of another one of said plurality of antennas first passes through said at least one phase rotation device which is set in a fixed manner, and then is switched through another input of said at least two inputs on said summation circuit; f) an evaluation circuit which evaluates a quality of the reception signal and which is in communication with said at least one addressable logic signal selection switch; wherein if an interference occurs in a summed signal, said at least one evaluation circuit detects said interference and signals said addressable logic signal selection switch to select a different coordinated setting of a switching position. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Xavier Szewai Wong whose telephone number is 571.270.1780. The examiner can normally be reached on 11:30 am - 8:30 pm Mon to Fri. 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 on 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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /XAVIER S WONG/Primary Examiner, Art Unit 2415 8th August 2026
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Prosecution Timeline

Oct 24, 2024
Application Filed
Aug 12, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
98%
With Interview (+10.3%)
2y 9m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1025 resolved cases by this examiner. Grant probability derived from career allowance rate.

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