Prosecution Insights
Last updated: October 02, 2026
Application No. 18/906,895

Uplink Control Channel Repetitions in Non-terrestrial Networks

Final Rejection §103
Filed
Oct 04, 2024
Priority
Sep 29, 2022 — provisional 63/411,263 +1 more
Examiner
NGUYEN, CHUONG M
Art Unit
2411
Tech Center
2400 — Computer Networks
Assignee
Ofinno LLC
OA Round
4 (Final)
73%
Grant Probability
Favorable
5-6
OA Rounds
1y 1m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
348 granted / 479 resolved
+14.7% vs TC avg
Strong +19% interview lift
Without
With
+19.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
33 currently pending
Career history
532
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
68.2%
+28.2% vs TC avg
§102
9.2%
-30.8% vs TC avg
§112
14.0%
-26.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 479 resolved cases

Office Action

§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 . DETAILED ACTION a. Claims 1-20 in the present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA , b. This is a final action on the merits based on Applicant’s claims submitted on 07/07/2026 Response to Arguments Regarding claims 1-3 and 5-20 previously rejected under 35 U.S.C. § 103, Applicant's arguments, see “However, Yang does not disclose or suggest that the Message3 includes a MAC field” on page 4, filed on 07/07/2026, with respect to Yang et al. Foreign Patent WO2021/062209 (hereinafter “Yang”), and in view of Xiong et al. US Pub 2021/0251016 (hereinafter “Xiong”), have been fully considered but not persuasive. Yang discloses that Message 3 carrying HARQ-ACK (“The transmissions to the eNB 105 may include random access messages, such as a Msg1 or MsgA PRACH preamble message or Msg3 PUSCH transmissions, for example. The transmissions to the eNB 105 may also include HARQ- ACK messages on PUCCH resources prior to configuration of dedicated PUCCH resources.” [0103] and furthermore “the UE 115 may determine the repetition level to use for transmitting the HARQ-ACK message based on a repetition level of a prior transmission. For example, the UE 115 may use the same repetition level for HARQ-ACK transmission on PUCCH as that used for transmission of Msg3 or MsgA on PUSCH.” [0084]). Yang also discloses that HARQ-ACK is associated with MAC (“The MAC layer may also use hybrid automatic repeat request (HARQ) to provide retransmission at the MAC layer to improve link efficiency.” [0060]). Therefore, the Message 3 includes a MAC field via HARQ-ACK. In an analogous art, Xiong also discloses that Message 3 carrying HARQ-ACK (“In this case, certain mechanisms to improve the coverage of Msg3 and a PUCCH carrying hybrid automatic repeat request-acknowledgement (HARQ-ACK) of Msg4 transmission should be considered.” [0051]). Xiong also discloses that HARQ-ACK is associated with MAC (“a repetition level of the PUCCH carrying HARQ-ACK response of Msg4 can be predefined or configured by a higher layer via MSI, RMSI, OSI or RRC signaling, or dynamically indicated in the DCI format 1_0 for scheduling Msg4, by a MAC CE of Msg4, or a combination thereof.” [0092]). Therefore, the Message 3 includes a MAC field via HARQ-ACK. The Yang’s reference, as combined with the Xiong’s reference, discloses each and every limitation of the present claims, and therefore render the claims 1-3 and 5-20 obvious. The Examiner respectfully disagrees with the applicant’s arguments that the Examiner fails to establish a prima facie case of obviousness MPEP § 2141. Claims 1-3 and 5-20 are still being rejected on the same grounds for rejection as before. 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. 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. Claims 1-3, 5-11, and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. Foreign Patent WO2021/062209 (hereinafter “Yang”), and in view of Xiong et al. US Pub 2021/0251016 (hereinafter “Xiong”). Regarding claim 1 Yang discloses a method (“The method may include determining a Physical Uplink Control Channel (PUCCH) resource for a PUCCH transmission prior to receiving a dedicated PUCCH resource configuration, determining a repetition level for the PUCCH transmission, and transmitting the PUCCH transmission, on at least the PUCCH resource, according to the repetition level.” [0004]) comprising: transmitting, by a wireless device (i.e. “UE115-A” in Fig. 2; [0077]) and for a random access procedure (“As seen in FIG. 2, a typical RACH procedure may involve four transmissions.” [0077]), a Message3 (“the UE 115-a may then transmit Msg3 on PUSCH at 215 using resources scheduled by the uplink grant of Msg2” [0078]; see Fig. 2) comprising a medium access control (MAC) field for a hybrid automatic repeat request acknowledgment (HARQ- ACK) (“The MAC layer may also use hybrid automatic repeat request (HARQ) to provide retransmission at the MAC layer to improve link efficiency.” [0060]) of a Message4 of the random access procedure (“The base station 105-a may then transmit a contention resolution message referred to as Msg4 on the PDCCH or PDSCH at 220. The UE 115-a then sends a HARQ-ACK message at 225 to acknowledge whether Msg4 was received at the UE 115-a or not.” [0078]; see Fig. 2). Yang does not specifically teach a MAC field indicating repetitions for a hybrid automatic repeat request acknowledgment (HARQ- ACK) of a Message4 of the random access procedure. In an analogous art, Xiong discloses a MAC field indicating repetitions for a hybrid automatic repeat request acknowledgment (HARQ- ACK) of a Message4 of the random access procedure (“In one embodiment, a repetition level of the PUCCH carrying HARQ-ACK response of Msg4 can be predefined or configured by a higher layer via MSI, RMSI, OSI or RRC signaling, or dynamically indicated in the DCI format 1_0 for scheduling Msg4, by a MAC CE of Msg4, or a combination thereof.” [0092] and furthermore “In another embodiment, the repetition level of the PUCCH carrying the HARQ-ACK response of Msg4 can be determined in accordance with that of the PRACH preamble and/or that of Msg4 transmission and/or Msg3 PUSCH transmission for the contention based 4-step RACH procedure, or a combination thereof.” [0101]); Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Yang’s method for determining a repetition level for the PUCCH transmission, to include Xiong’s method for determining a physical uplink control channel (PUCCH) repetition factor, in order to efficiently determine an appropriate repetition level for HARQ-ACK repetitions (Xiong [0051]). Thus, a person of ordinary skill would have appreciated the ability to incorporate Xiong’s method for determining a physical uplink control channel (PUCCH) repetition factor into Yang’s method for determining a repetition level for the PUCCH transmission since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Regarding claim 2 Yang, as modified by Xiong, previously discloses the method of claim 1, Yang further discloses further comprising receiving the Message4 (“receiving a fourth message (MSG4) comprising a contention resolution message on the Physical Downlink Control Channel (PDCCH) or Physical Downlink Shared Channel (PDSCH)” [0029]). Regarding claim 3 Yang, as modified by Xiong, previously discloses the method of claim 2, Yang further discloses further comprising transmitting, via physical uplink control channel (PUCCH), repetitions for the HARQ-ACK of the Message4 (“As described in the present disclosure, a UE 115 may apply repetition to PUCCH transmissions that do not have dedicated PUCCH resources configured. For example, in response to receiving Msg4 or MsgB during random access procedures, the UE 115 may transmit HARQ-ACK messages using a particular repetition level or factor on PUCCH resources prior to receiving configuration of dedicated PUCCH resources.” [0083). Regarding claim 5 Yang, as modified by Xiong, previously discloses the method of claim 1, Yang further discloses further comprising receiving a random access response (“receiving a second message (MSG2) comprising a random access response (RAR) that includes scheduling for a Physical Uplink Shared Channel (PUSCH) transmission” [0029]; see Fig. 2). Regarding claim 6 Yang, as modified by Xiong, previously discloses the method of claim 5, Yang further discloses wherein the random access response comprises a scheduling grant for the Message3 (After receiving Msg2 or the RAR, the UE 115-a may then transmit Msg3 on PUSCH at 215 using resources scheduled by the uplink grant of Msg2.“ [0078] and furthermore “an uplink grant for the UE’s 115-a Msg3 transmission on the uplink” [0077]). Regarding claim 7 Yang, as modified by Xiong, previously discloses the method of claim 1, Yang further discloses wherein the Message3 Is transmitted via a physical uplink shared channel (PUSCH) (“transmitting a third message (MSG3) comprising the PUSCH transmission” [0029] and furthermore “After receiving Msg2 or the RAR, the UE 115-a may then transmit Msg3 on PUSCH at 215 using resources scheduled by the uplink grant of Msg2” [0078]). Regarding claim 8 Yang, as modified by Xiong, previously discloses the method of claim 1, Yang further discloses wherein the Message3 comprises a contention resolution identity of the wireless device (“The random access messages may include contention resolution messages (e.g., MsgA or Msg4) and HARQ-ACK transmissions, in response to reception of the contention resolution messages (i.e. “Message3”), transmitted by UE 900 to gNB 1000.” [0097]). Regarding claim 9 Yang, as modified by Xiong, previously discloses the method of claim 1, Xiong further discloses receiving, from a base station (i.e. “gNB” in Fig. 3), configuration parameters (“Msg2” in Fig. 3) indicating: one or more reference signals (“measured Reference Signal Receive Power (RSRP)” [0082]); and one or more reference signal received power (RSRP) thresholds for determining repetitions of the HARQ-ACK of the Message4 (“Further, if the repetition level of the PRACH transmission is less than or equal to a configured or predefined threshold or the measured RSRP is larger than or equal to a configured or predefined threshold, one repetition level is configured via SIB1 or RMSI from the first set of repetition levels for the PUCCH carrying the HARQ-ACK response of Msg4; if the repetition level of the PRACH transmission is larger than a configured or predefined threshold or the measured RSRP is less than or equal to a configured or predefined threshold, another repetition level is configured via SIB1 or RMSI from the second set of repetition levels for the PUCCH carrying the HARQ-ACK response of Msg4.” [0103]). Regarding claim 10 Yang, as modified by Xiong, previously discloses the method of claim 9, Xiong further discloses further comprising determining the repetitions of the HARQ-ACK of the Message4 based on a radio link quality (i.e. “measured RSRP value”) of the one or more reference signals (“In another example, the repetition level of the PUCCH carrying the HARQ-ACK response of Msg4 can be determined in accordance with the repetition level of the PRACH transmission or the measured RSRP value.” [0103]). Regarding claim 11 Yang, as modified by Xiong, previously discloses the method of claim 10, Xiong further discloses further comprising determining the repetitions of the HARQ-ACK of the Message4 based on comparing the radio link quality of the one or more reference signals with the one or more RSRP thresholds (“Further, if the repetition level of the PRACH transmission is less than or equal to a configured or predefined threshold or the measured RSRP is larger than or equal to a configured or predefined threshold, one repetition level is configured via SIB1 or RMSI from the first set of repetition levels for the PUCCH carrying the HARQ-ACK response of Msg4; if the repetition level of the PRACH transmission is larger than a configured or predefined threshold or the measured RSRP is less than or equal to a configured or predefined threshold, another repetition level is configured via SIB1 or RMSI from the second set of repetition levels for the PUCCH carrying the HARQ-ACK response of Msg4.” [0103]). Regarding claim 12 Yang, as modified by Xiong, previously discloses the method of claim 1, Yang further discloses wherein the Message4 indicates one or more uplink resources for a plurality of repetitions of the HARQ-ACK of the Message4 (“the UE 115 may determine the uplink resources to use for Msg4 transmission based on the received grant” [0084]). Regarding claim 13 Yang, as modified by Xiong, previously discloses the method of claim 12, Yang further discloses further comprising transmitting, via the one or more uplink resources (i.e. “PUCCH resources”) and a physical uplink control channel (i.e. “PUCCH”), the plurality of repetitions of the HARQ-ACK of the Message4 (“repetitions for PUCCH transmissions scheduled using dedicated PUCCH resources may typically be supported, while for PUCCH transmissions scheduled prior to configuration of dedicated PUCCH resources, repetition may not be supported. Examples of PUCCH transmissions that may occur without or prior to configuration of dedicated PUCCH resources may include HARQ- ACK messages in response to Msg4 or MsgB reception during random access procedures.” [0082]). Regarding claim 14 Yang, as modified by Xiong, previously discloses the method of claim 1, Yang further discloses wherein the Message4 indicates one or more uplink resources (i.e. “PUCCH resources”) for a single repetition of the HARQ-ACK of the Message4 (“with respect to FIG. 3, the HARQ-ACK message acknowledging the contention resolution message (Msg4 or MsgB) may be transmitted prior to the UE 115 receiving dedicated PUCCH resource configuration. In particular, the UE 115 may transmit the HARQ-ACK message on PUCCH resources that are assigned via indication in system information (e.g., SIB 1).” [0081]). Regarding claim 15 Yang, as modified by Xiong, previously discloses the method of claim 14, Yang further discloses further comprising transmitting, via the one or more uplink resources and a physical uplink control channel, the single repetition of the HARQ-ACK of the Message4 (“repetitions for PUCCH transmissions scheduled using dedicated PUCCH resources may typically be supported, while for PUCCH transmissions scheduled prior to configuration of dedicated PUCCH resources, repetition may not be supported. Examples of PUCCH transmissions that may occur without or prior to configuration of dedicated PUCCH resources may include HARQ- ACK messages in response to Msg4 or MsgB reception during random access procedures.” [0082]). Regarding claim 16 Yang, as modified by Xiong, previously discloses the method of claim 1, Xiong further discloses wherein the MAC field indicates a capability of the wireless device in using repetitions for HARQ of the Message4 (“In one option, a set of repetition levels for a PUCCH carrying a HARQ-ACK response of Msg4 can be predefined or configured by SIB1 or the RMSI, e.g., {2, 4, 8, 16}. Then, the 2-bit field in the DCI for scheduling Msg4 can be used to indicate which repetition level is used for the transmission of the PUCCH. Alternatively, two bits in a MAC CE of Msg4 can be used to indicate which repetition level is used for the transmission of the PUCCH.” [0093]). Regarding claim 17 Yang discloses a wireless device (“UE 900” in Fig. 9; [0106]), comprising: one or more processors (“controller/processor 880” in Fig. 9; [0106]); and memory (“memory 882” in Fig. 9; [0106]) storing instructions that, when executed by the one or more processors, cause the wireless device at least to perform: transmitting, for a random access procedure, a Message3 comprising a medium access control (MAC) field indicating repetitions for a hybrid automatic repeat request acknowledgment (HARQ-ACK) of a Message4 of the random access procedure. The scope and subject matter of apparatus claim 17 is drawn to the apparatus of using the corresponding method claimed in claim 1. Therefore apparatus claim 17 corresponds to method claim 1 and is rejected for the same reasons of obviousness as used in claim 1 rejection above. Regarding claim 18 The wireless device of claim 17, wherein the instructions further cause the wireless device to perform receiving, from a base station, configuration parameters indicating: one or more reference signals; and one or more reference signal received power (RSRP) thresholds for determining repetitions of the HARQ-ACK of the Message4. The scope and subject matter of apparatus claim 18 is drawn to the apparatus of using the corresponding method claimed in claim 9. Therefore apparatus claim 18 corresponds to method claim 9 and is rejected for the same reasons of obviousness as used in claim 9 rejection above. Regarding claim 19 The wireless device of claim 17, wherein the Message4 indicates one or more uplink resources for a plurality of repetitions of the HARQ-ACK of the Message4 or the Message4 indicates one or more uplink resources for a single repetition of the HARQ-ACK of the Message. The scope and subject matter of apparatus claim 19 is drawn to the apparatus of using the corresponding method claimed in claims 12 and 14. Therefore apparatus claim 19 corresponds to method claims 12 and 14 and is rejected for the same reasons of obviousness as used in claims 12 and 14 rejections above. Regarding claim 20 A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a device, cause the device to perform: transmitting, for a random access procedure, a Message3 comprising a medium access control (MAC) field indicating repetitions for a hybrid automatic repeat request acknowledgment (HARQ-ACK) of a Messageé4 of the random access procedure. The scope and subject matter of non-transitory computer readable medium claim 20 is drawn to the computer program product of using the corresponding method claimed in claim 1. Therefore computer program product claim 20 corresponds to method claim 1 and is rejected for the same reasons of obviousness as used in claim 1 rejection above. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Yang, in view of Xiong, and further in view of Lee et al. US 2021/0297909 (hereinafter “Lee”). Regarding claim 4 Yang, as modified by Xiong, previously discloses the method of claim 2, Yang further discloses wherein the Message4 (“a fourth message (MSG4) comprising a contention resolution message on the Physical Downlink Control Channel (PDCCH) or Physical Downlink Shared Channel (PDSCH)” [0029]) Is a physical downlink shared channel (i.e. “PDSCH”) reception comprising a contention resolution identity (i.e. “contention resolution message”) of the wireless device. Yang and Xiong do not specifically teach that Message4 comprising a contention resolution identity of the wireless device. In an analogous art, Lee discloses Message4 comprising a contention resolution identity of the wireless device (“if the MAC PDU (e.g., in a PDSCH of Msg4) contains a UE Contention Resolution Identity MAC control element” [0097]). Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Yang’s method for determining a repetition level for the PUCCH transmission, as modified by Xiong, to include Lee’s method for performing a handover procedure in a wireless communication system, in order to perform contention-based random access procedure (Lee [0073]). Thus, a person of ordinary skill would have appreciated the ability to incorporate Lee’s method for performing a handover procedure in a wireless communication system into Yang’s method for determining a repetition level for the PUCCH transmission since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUONG M NGUYEN whose telephone number is (571)272-8184. The examiner can normally be reached M-F 10:00am - 6:30pm. 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, Derrick Ferris can be reached at 571-272-3123. 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. /CHUONG M NGUYEN/Primary Examiner, Art Unit 2411
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Prosecution Timeline

Show 2 earlier events
Mar 27, 2025
Examiner Interview Summary
Mar 27, 2025
Applicant Interview (Telephonic)
Mar 31, 2025
Response Filed
Apr 25, 2025
Non-Final Rejection mailed — §103
Oct 27, 2025
Response Filed
Jan 07, 2026
Non-Final Rejection mailed — §103
Jul 07, 2026
Response Filed
Sep 24, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
73%
Grant Probability
92%
With Interview (+19.4%)
3y 1m (~1y 1m remaining)
Median Time to Grant
High
PTA Risk
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