Prosecution Insights
Last updated: August 17, 2026
Application No. 18/919,210

COMMUNICATION METHOD AND APPARATUS, DEVICE, STORAGE MEDIUM, CHIP, PRODUCT, AND PROGRAM

Non-Final OA §102§103
Filed
Oct 17, 2024
Priority
Apr 25, 2022 — continuation of PCTCN2022089040
Examiner
DIVITO, WALTER J
Art Unit
Tech Center
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
450 granted / 537 resolved
+23.8% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
14 currently pending
Career history
558
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
54.7%
+14.7% vs TC avg
§102
17.9%
-22.1% vs TC avg
§112
16.0%
-24.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 537 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 . Initial Examination Applicant's submission filed on 10/17/24 has been entered. Claims 1-20 are pending. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Information Disclosure Statement The information disclosure statement 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 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-2, 4, 8-10, 11-12, 14, 18-19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang. Regarding claim 1, Zhang discloses a terminal device [fig. 5, 14], comprising a processor [fig. 5 no. 501, 507, fig. 14] and a memory [fig. 5 no. 503, fig. 14], wherein the memory is configured to store a computer program [fig. 2-3, 6-7, 10], and the processor is configured to invoke and run the computer program stored in the memory to cause the terminal device to perform: determining a first uplink resource, wherein the first uplink resource is used to transmit first information (The terminal uses the pre-configured time-freq resource (i.e., determining UL resource) for sending the first signal sequence (i.e., transmit first info) [pg. 28, par. 4 (P28:P4), see also broadcast msg [P30:P2]); and transmitting the first information on the first uplink resource, or skipping transmitting the first information on the first uplink resource (When the terminal detects an alarm, it transmits the first signal sequence [P28:P4], where Examiner notes that no alarm detected or no data to be sent could be “skipping the transmission”). Regarding claim 11, it is substantially similar to claim 1, except is from the perspective of the network and is rejected under substantially similar reasoning, where Zhang further discloses: a network device [fig. 5, 15], comprising a processor [fig. 5 no. 501, 507, fig. 15] and a memory [fig. 5 no. 503, fig. 15], wherein the memory is configured to store a computer program [fig. 2-3, 6-7, 10]. Regarding claim 20, it is substantially similar to claim 1, except is in method claim format, and is rejected under substantially similar reasoning. Regarding claims 2 and 12, Zhang discloses everything claimed, as applied above. Zhang further discloses wherein the first information is used to indicate at least one of following: a request to deactivate a preconfigured uplink resource, a request to activate a preconfigured uplink resource, a request to deactivate a resource within a first time period in a preconfigured uplink resource, a request to activate a resource within a second time period in a preconfigured uplink resource, a request to deactivate a start time unit of a preconfigured uplink resource, a request to deactivate an end time unit of a preconfigured uplink resource, a request to deactivate a time unit length of a preconfigured uplink resource, a request to activate a start time unit of a preconfigured uplink resource, a request to activate an end time unit of a preconfigured uplink resource, a request to activate a time unit length of a preconfigured uplink resource, a cell ID associated with a preconfigured uplink resource, or an uplink service type of the terminal device (Indicating data to be transmitted, where the resource was previously configured (i.e., indicates UL service type) [P28:P4, P32:P2-3]); a request to deactivate a preconfigured downlink resource, a request to activate a preconfigured downlink resource, a request to deactivate a resource within a first time period in a preconfigured downlink resource, a request to activate a resource within a second time period in a preconfigured downlink resource, a request to deactivate a start time unit of a preconfigured downlink resource, a request to deactivate an end time unit of a preconfigured downlink resource, a request to deactivate a time unit length of a preconfigured downlink resource, a request to activate a start time unit of a preconfigured downlink resource, a request to activate an end time unit of a preconfigured downlink resource, a request to activate a time unit length of a preconfigured downlink resource, a cell ID associated with a preconfigured downlink resource, or a downlink service type of the terminal device; or a discontinuous transmission (DTX) pattern of the terminal device, a discontinuous reception (DRX) pattern of the terminal device, a transmission parameter associated with the DTX pattern, a transmission parameter associated with the DRX pattern, an uplink transmission parameter of the terminal device, a downlink transmission parameter of the terminal device, an antenna configuration of the terminal device, a power parameter of the terminal device, or a power consumption mode of the terminal device (see “UL” par. above). Regarding claims 4 and 14, Zhang discloses everything claimed, as applied above. Zhang further discloses: wherein the first uplink resource is a resource in a first uplink cell, and the preconfigured uplink resource comprises a resource in the first uplink cell and/or a second uplink cell (The above UL resource is at least in a first UL cell [fig. 1, 4, 9]). Regarding claims 8 and 18, Zhang discloses everything claimed, as applied above. Zhang further discloses wherein the processor is further configured to invoke and run the computer program stored in the memory to cause the terminal device to perform: receiving second configuration information, wherein the second configuration information is used to indicate at least one of following: configuring the terminal device to report the first information, configuring the first uplink resource, triggering the terminal device to report the first information, or reporting or skipping reporting the first information by the terminal device [fig. 7 no. S201, P30:P2]. Regarding claims 9 and 19, Zhang discloses everything claimed, as applied above. Zhang further discloses wherein the processor is further configured to invoke and run the computer program stored in the memory to cause the terminal device to perform: sending third information, wherein the third information is used to indicate that the terminal device has a capability of sending the first information; or the third information is used to indicate that the terminal device supports a user equipment (UE) capability of reporting the first information [fig. 6 no. S102, fig. 7 no. S203, where the sending of the actual data is indicative of the UE capability of reporting the first info (i.e., otherwise, it could not report the data)]. Regarding claim 10, Zhang discloses everything claimed, as applied abovel Zhang further discloses: wherein the first uplink resource is a first physical uplink control channel (PUCCH) resource, and the first information is carried in a first PUCCH transmitted by using the first PUCCH resource [fig. 7 no. S202, P35:P1, where an alternative flow uses PUCCH]. 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. 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. Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claims 1 and 11 respectively, and further in view of Liu (US 20200383067 A1). Regarding claims 3 and 13, Zhang discloses everything claimed, as applied above. Although Zhang discloses wherein the UL transmission parameter, as discussed above, Zhang does not explicitly disclose comprises at least one of following: a maximum quantity of uplink transmission layers, an uplink beam direction, an uplink minimum modulation and coding scheme (MCS), an uplink maximum MCS, an uplink average MCS, an uplink beam indication, or a spatial domain transmission filter indication; and/or the downlink transmission parameter comprises at least one of following: a maximum quantity of downlink transmission layers, a downlink beam direction, a downlink minimum MCS, a downlink maximum MCS, a downlink average MCS, a downlink beam indication, or a spatial domain receive filter indication. However, these concepts are well known as disclosed by Liu. In the same field of endeavor, Liu discloses: comprises at least one of following: a maximum quantity of uplink transmission layers, an uplink beam direction, an uplink minimum modulation and coding scheme (MCS), an uplink maximum MCS, an uplink average MCS, an uplink beam indication, or a spatial domain transmission filter indication (UL max MCS [fig. 8 no. 804, 808, Abstract, see also par. 0103]); and/or the downlink transmission parameter comprises at least one of following: a maximum quantity of downlink transmission layers, a downlink beam direction, a downlink minimum MCS, a downlink maximum MCS, a downlink average MCS, a downlink beam indication, or a spatial domain receive filter indication (see “UL” par. above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang with Liu. One of ordinary skill in the art would have been motivated to perform such a modification given the benefit of facilitating a largest number of un-coded bits for the UL transmission interval [Liu Abstract]. Claims 5-7 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claims 1 and 11 respectively, and further in view of Lee (US 20220045827 A1). Regarding claims 5 and 15, Zhang discloses everything claimed, as applied above. Although Zhang discloses wherein the processor is further configured to invoke and run the computer program stored in the memory to cause the terminal device to perform: determining behavior of the terminal device based on the first information, as discussed above, Zhang does not explicitly disclose wherein the behavior of the terminal device comprises at least one of following cases: in a case that the first information is used to indicate a request to deactivate a preconfigured uplink resource, determining, by the terminal device, that a resource starting from the Nth resource in the preconfigured uplink resource is an invalid preconfigured uplink resource, wherein N is an integer greater than or equal to 1; in a case that the first information is used to indicate a request to activate a preconfigured uplink resource, determining, by the terminal device, that a resource starting from the Mth resource in the preconfigured uplink resource is a valid preconfigured uplink resource, wherein M is an integer greater than or equal to 1; in a case that the first information is used to indicate a request to deactivate a preconfigured downlink resource, determining, by the terminal device, that a resource starting from the Nth resource in the preconfigured downlink resource is an invalid preconfigured downlink resource, wherein N is an integer greater than or equal to 1; or in a case that the first information is used to indicate a request to activate a preconfigured downlink resource, determining, by the terminal device, that a resource starting from the Mth resource in the preconfigured downlink resource is a valid preconfigured downlink resource, wherein M is an integer greater than or equal to 1. However, these concepts are well known as disclosed by Lee. In the same field of endeavor, Lee discloses wherein the behavior of the terminal device comprises at least one of following cases: in a case that the first information is used to indicate a request to deactivate a preconfigured uplink resource, determining, by the terminal device, that a resource starting from the Nth resource in the preconfigured uplink resource is an invalid preconfigured uplink resource, wherein N is an integer greater than or equal to 1 [par. 0179, including the “Nth” resource]; in a case that the first information is used to indicate a request to activate a preconfigured uplink resource, determining, by the terminal device, that a resource starting from the Mth resource in the preconfigured uplink resource is a valid preconfigured uplink resource, wherein M is an integer greater than or equal to 1; in a case that the first information is used to indicate a request to deactivate a preconfigured downlink resource, determining, by the terminal device, that a resource starting from the Nth resource in the preconfigured downlink resource is an invalid preconfigured downlink resource, wherein N is an integer greater than or equal to 1; or in a case that the first information is used to indicate a request to activate a preconfigured downlink resource, determining, by the terminal device, that a resource starting from the Mth resource in the preconfigured downlink resource is a valid preconfigured downlink resource, wherein M is an integer greater than or equal to 1 (see 1st “UL” par. above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang with Lee. One of ordinary skill in the art would have been motivated to perform such a modification given the benefit of providing eMBB, massive MTC, and URLLC [Lee par. 0033]. Regarding claims 7 and 17, Zhang and Lee disclose everything claimed, as applied above. Zhang further discloses wherein before the determining behavior of the terminal device based on the first information, the processor is further configured to invoke and run the computer program stored in the memory to cause the terminal device to perform: receiving second information, wherein the second information is feedback information of the first information; or the second information is used to determine the behavior of the terminal device; or the second information is determined by a network device based on the first information [fig. 7 no. S201, P30:P2]. Regarding claims 6 and 16, Zhang discloses everything claimed, as applied above. Although Zhang discloses wherein the processor is further configured to invoke and run the computer program stored in the memory to cause the terminal device to perform: determining behavior of the terminal device based on the first information, as discussed above, Zhang does not explicitly disclose wherein the behavior of the terminal device comprises at least one of following cases: in a case that the first information is used to indicate a request to deactivate a resource within a first time period in a preconfigured uplink resource, determining, by the terminal device, that a resource within the first time period starting from the Nth resource in the preconfigured uplink resource is an invalid preconfigured uplink resource, wherein N is an integer greater than or equal to 1; in a case that the first information is used to indicate a request to activate a resource within a second time period in a preconfigured uplink resource, determining, by the terminal device, that a resource within the second time period starting from the Mth resource in the preconfigured uplink resource is a valid preconfigured uplink resource, wherein M is an integer greater than or equal to 1; in a case that the first information is used to indicate a request to deactivate a resource within a first time period in a preconfigured downlink resource, determining, by the terminal device, that a resource within the first time period starting from the Nth resource in the preconfigured downlink resource is an invalid preconfigured downlink resource, wherein N is an integer greater than or equal to 1; or in a case that the first information is used to indicate a request to activate a resource within a second time period in a preconfigured downlink resource, determining, by the terminal device, that a resource within the second time period starting from the Mth resource in the preconfigured downlink resource is a valid preconfigured downlink resource, wherein M is an integer greater than or equal to 1. However, these concepts are well known as disclosed by Lee. In the same field of endeavor, Lee discloses wherein the behavior of the terminal device comprises at least one of following cases: in a case that the first information is used to indicate a request to deactivate a resource within a first time period in a preconfigured uplink resource, determining, by the terminal device, that a resource within the first time period starting from the Nth resource in the preconfigured uplink resource is an invalid preconfigured uplink resource, wherein N is an integer greater than or equal to 1 [par. 0179, including the “Nth” resource]; in a case that the first information is used to indicate a request to activate a resource within a second time period in a preconfigured uplink resource, determining, by the terminal device, that a resource within the second time period starting from the Mth resource in the preconfigured uplink resource is a valid preconfigured uplink resource, wherein M is an integer greater than or equal to 1; in a case that the first information is used to indicate a request to deactivate a resource within a first time period in a preconfigured downlink resource, determining, by the terminal device, that a resource within the first time period starting from the Nth resource in the preconfigured downlink resource is an invalid preconfigured downlink resource, wherein N is an integer greater than or equal to 1; or in a case that the first information is used to indicate a request to activate a resource within a second time period in a preconfigured downlink resource, determining, by the terminal device, that a resource within the second time period starting from the Mth resource in the preconfigured downlink resource is a valid preconfigured downlink resource, wherein M is an integer greater than or equal to 1 (see 1st “UL” par. above). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang with Lee. One of ordinary skill in the art would have been motivated to perform such a modification given the benefit of providing eMBB, massive MTC, and URLLC [Lee par. 0033]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Walter J DiVito whose telephone number is (571)272-2556. The examiner can normally be reached M-R: 8 am - 6 pm (PST). 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, Gary Mui can be reached at 571-270-1420. 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. /WALTER J DIVITO/Primary Examiner, Art Unit 2465
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Prosecution Timeline

Oct 17, 2024
Application Filed
Jul 31, 2026
Non-Final Rejection mailed — §102, §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
84%
Grant Probability
94%
With Interview (+10.2%)
2y 9m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 537 resolved cases by this examiner. Grant probability derived from career allowance rate.

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