Prosecution Insights
Last updated: October 25, 2026
Application No. 18/865,875

METHOD, DEVICE AND COMPUTER STORAGE MEDIUM OF COMMUNICATION

Non-Final OA §103§112
Filed
Nov 14, 2024
Priority
May 17, 2022 — nonprovisional of PCTCN2022093383
Examiner
VUONG, QUOCHIEN B
Art Unit
2642
Tech Center
2600 — Communications
Assignee
NEC Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
773 granted / 862 resolved
+27.7% vs TC avg
Minimal -1% lift
Without
With
+-1.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
19 currently pending
Career history
885
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
36.4%
-3.6% vs TC avg
§102
28.0%
-12.0% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 862 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/14/2024 and 06/18/ in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claim 5 is objected to because of the following informalities: “SRS” in claim 5, line 3, should be “sounding reference signal (SRS)”. Appropriate correction is required. Claim 8 is objected to because of the following informalities: “DMRS resources” in claim 8, line 2 should be “demodulation reference signal (DMRS)”. Appropriate correction is required. Claims 12 and 13 are objected to because of the following informalities: “SRS” in claim 12, line 2, should be “sounding reference signal (SRS)”. Appropriate correction is required. Claims 14 and 15 are objected to because of the following informalities: “DMRS resources” in claim 14, line 2 should be “demodulation reference signal (DMRS)”. 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 16-19 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 16-19 recites the limitation "the power control" in claim 16, lines 6-7. There is insufficient antecedent basis for this limitation in the claim. It is suggested to chang "the power control" to "a power control". 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. Claim(s) 1, 2, 4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Abedini et al. (US 2021/0306962 A1). Regarding claim 1, Abedini et al. (figures 6 and 9) disclose a method of communication, comprising: forwarding, by a repeater (606) with a first power level, to a network device (base station 602), a first reference signal (RS) received from a terminal device (604) (paragraphs [0060], [0082]-[0083] and [0086]); and receiving, from the network device, configuration regarding power control for the repeater (paragraphs [0061], [0064] and [0088]-[0089]). Abedini et al. do not explicitly disclose forwarding, by the repeater with a second power level, to the network device, a second RS received from the terminal device. However, Abedini et al. disclose the transmission level for use at the UE and the gain value to be applied at the repeater are both variable values selected by the base station (paragraph [0091]). Therefore, it would have been obvious for the method of Abedini et al. to set the transmission level for use at the UE and/or the gain value to be applied at the repeater at a second power level and comprising forwarding by the repeater with a second power level, to the network device, a second RS received from the terminal device for determining the power control for the repeater. Regarding claim 2, Abedini et al. disclose the method of claim 1 obviously comprising receiving, first information regarding the first power level and the second power level, from the network device (paragraph [0091], “…the transmission level for use at the UE and the gain value to be applied at the repeater are both variable values selected by the base station…” which obviously can indicate several transmission levels). Regarding claim 4, Abedini et al. disclose the method of claim 1 obviously comprising forwarding, to the terminal device, second information regarding two power levels of RS transmitted by the terminal device, from the network device (paragraph [0091], “…the transmission level for use at the UE and the gain value to be applied at the repeater are both variable values selected by the base station…” which obviously can indicate several transmission levels). Regarding claim 16, Abedini et al. (figures 6 and 9) disclose a method of communication, comprising: receiving, at a terminal device (604), second information regarding two power levels of transmitting RS of the terminal device (paragraph [0091], “…the transmission level for use at the UE and the gain value to be applied at the repeater are both variable values selected by the base station…” which obviously can indicate several transmission levels), from a repeater (606); transmitting, to the network device (base station 602) via the repeater, a first RS with power level (paragraphs [0060], [0082]-[0083] and [0086]); and receiving from the network device via the repeater, configuration regarding the power control for the terminal device (paragraphs [0061], [0064] and [0088]-[0089]). Abedini et al. do not explicitly disclose transmitting to the network device via the repeater, a second RS with power level. However, Abedini et al. disclose the transmission level for use at the UE and the gain value to be applied at the repeater are both variable values selected by the base station (paragraph [0091]). Therefore, it would have been obvious for the method of Abedini et al. to set the transmission level for use at the UE and/or the gain value to be applied at the repeater at a second power level and comprising transmitting, to the network device via the repeater, a second RS with power level for determining the power control for the terminal device. Claim(s) 3-7, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Abedini et al. in view of Park et al. (US 2023/0216635 A1). Regarding claim 3, Abedini et al. disclose the method of claim 1 above. Abedini et al. do not explicitly disclose wherein the RS comprises at least one of the following: sounding reference signal (SRS), or demodulation reference signal (DMRS). However, Park et al. disclose uplink reference signal (RS) comprises at least one of the following: sounding reference signal (SRS), or demodulation reference signal (DMRS) (paragraph [0006], [0018] and [0089]). 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 SRS or DMRS of Park et al. to the RS of Abedini et al. as a system design preference for serving the same purpose of uplink transmission using reference signal. Regarding claim 5, Abedini et al. disclose the method of claim 4 above wherein the second information comprises two power level indications associated RS resource. Abedini et al. do not explicitly disclose wherein the second information comprises two power level indications associated with at least one of the following: SRS resource set, SRS resource, or symbol of SRS resource. However, Park et al. disclose uplink reference signal (RS) comprises at least one of the following: sounding reference signal (SRS) (paragraph [0006] and [0018]). 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 SRS resource set, SRS resource, or symbol of SRS resource of Park et al. to the RS of Abedini et al. as a system design preference for serving the same purpose of uplink transmission using reference signal. Regarding claim 6, Abedini et al. and Park et al. disclose the method of claim 5 above. In addition, Abedini et al. disclose wherein the power level indication comprises at least one of the following: power value, or power offset configured for the resource or the resource set (paragraphs [0088] and [0089]). Regarding claim 7, Abedini et al. and Park et al. disclose the method of claim 5 above. In addition, Park et al. disclose wherein the SRS resources associated with the two power levels have same spatial relation information (paragraph [0076]). 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 SRS resource have same spatial relation information of Park et al. to the RS of Abedini et al. as a system design preference for serving the same purpose of uplink transmission using reference signals. Regarding claim 18, Abedini et al. disclose the method of claim 16 above. Abedini et al. do not explicitly disclose wherein the RS comprises at least one of the following: sounding reference signal (SRS), or demodulation reference signal (DMRS). However, Park et al. disclose uplink reference signal (RS) comprises at least one of the following: sounding reference signal (SRS), or demodulation reference signal (DMRS) (paragraph [0006], [0018] and [0089]). 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 SRS or DMRS of Park et al. to the RS of Abedini et al. as a system design preference for serving the same purpose of uplink transmission using reference signal. Regarding claim 19, Abedini et al. and Park et al. disclose the method of claim 18 above. In addition, Park et al. disclose determining, usage of the DMRS by downlink control information (DCI) and/or configured Radio Resource Control (RRC) information element (paragraph [0089]). 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 usage of the DMRS by DCI and/or configured RRC information element of Park et al. to the method of Abedini et al. as a system design preference for serving the same purpose of uplink power control transmission using reference signal. Claim(s) 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Abedini et al. in view of MolavianJazi et al. (US 2019/0159136 A1). Regarding claim 8, Abedini et al. disclose the method of claim 4 above wherein the second information comprises two power level indications associated RS resource. Abedini et al. do not explicitly disclose wherein the second information comprises: two power level indications associated with two DMRS resources or two DMRS symbols. However, MolavianJazi et al. disclose using two DMRS resources for uplink transmission (paragraphs [0087]-[0093]. 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 DMRS resources of MolavianJazi et al. to the RS of Abedini et al. as a system design preference for serving the same purpose of uplink transmission using reference signals. Regarding claim 9, Abedini et al. and MolavianJazi et al. disclose the method of claim 8 above. In addition, Abedini et al. disclose wherein the power level indication comprises at least one of the following: an indicated or predefined or configured power offset, or an indicated or predefined or configured method for the DMRS symbol multiplexing with data (paragraph [0086]). Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Abedini et al. in view of Gao et al. (WO 2020019317 A1). Regarding claim 17, Abedini et al. disclose the method of claim 16 above. Abedini et al. do not explicitly disclose transmitting, the second RS, before a period of time after transmitting the first RS, wherein the period of time is predefined preconfigured. However, Gao et al. disclose the network device uses SRS and sets periodic SRS or aperiodic SRS so that the period between the two SRSs is preset (paragraphs [0041]-[0042]), the network device sets at least one SRS resource set, the first SRS configuration and the second SRS configuration are different from each other (paragraphs [0047] and [0061]), each of the two SRS resource groups is configured to be associated with one of the power control adjustment states A and B ([0079]) and a relay node (repeater) is used ([0112]). 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 setting the predefined period of time between transmitting the first RS and second RS of Gao et al. to the method of Abedini et al. for timing the transmission of RS. Allowable Subject Matter Claims 10, 11, 13 and 14 are allowed over the prior art. Regarding claim 10, Abedini et al. disclose a method of communication, comprising: transmitting, to a repeater (606), first information regarding two power levels of forwarding reference signal (RS) of a terminal device (604), from a network device (base station 602); receiving, a first RS of the terminal device and a second RS with the two power levels respectively (paragraph [0091], the transmission level for use at the UE and the gain value to be applied at the repeater are both variable values selected by the base station), forwarded by the repeater (paragraphs [0060], [0082]-[0083], and [0086]). However, Abedini et al. fail to disclose the method above further comprising determining, based on the first RS and the second RS, configuration regarding the power control for the repeater and terminal device respectively; transmitting, to the repeater, the configuration regarding the power control for the repeater; and transmitting, to the terminal device via the repeater, the configuration regarding the power control for the terminal device. Claim 11 is allowed for being dependent from claim 10. Claims 12-15 would be allowable if rewritten or amended to overcome the claim objection set forth in this Office action. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hu et al. (US 9,674,792 B2) disclose a method for determining a Modulation and Coding Scheme (MCS) and power control includes determining an error rate of a communication channel between the wireless device and at least one of the base station and the RN; when the error rate is below a first threshold, the method includes at least one of increasing the MCS, and reducing a transmission power of the wireless device; when the error rate is above a second threshold, the method includes at least one of decreasing the MCS, and increasing a transmission power of the UA. Fazili et al. (US 11,909,498 B2) teach in a network environment includes a wireless base station, a repeater wireless station, and one or more mobile communication devices ; a communication management resource associated with the wireless base station receives a communication from a repeater wireless station; in response to the communication, the communication management resource establishes a wireless communication link between the wireless base station and the repeater wireless station; during operation, a communication management resource monitors for wireless interference in the network environment and selectively terminates one or more wireless beams from the repeater wireless stations as needed to reduce wireless interference. 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

Nov 14, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
88%
With Interview (-1.2%)
2y 5m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 862 resolved cases by this examiner. Grant probability derived from career allowance rate.

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