Prosecution Insights
Last updated: October 01, 2026
Application No. 18/944,724

WIRELESS COMMUNICATION METHOD AND APPARATUS

Non-Final OA §DP
Filed
Nov 12, 2024
Priority
Jan 14, 2022 — continuation of PCTCN2022072106 +2 more
Examiner
WEBB, MARGARET G
Art Unit
Tech Center
Assignee
Quectel Wireless Solutions Co., Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
418 granted / 523 resolved
+19.9% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
29 currently pending
Career history
555
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
22.5%
-17.5% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 523 resolved cases

Office Action

§DP
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 . 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 statements filed 11/15/2024 and 01/31/2025 have been fully considered by examiner and made of record. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-2, 4-6, 8-10, and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, and 12 of U.S. Patent No. 12,035,278 as further detailed in the table below: Instant Application United States Patent No. 12,035,278 Claim 1 A wireless communication method, comprising: receiving first paging early indication (PEI) at a first terminal device, wherein the first terminal device belongs to a first subgroup with a first subgroup identity (ID) and a second subgroup with a second subgroup ID, the first PEI comprises at least one of first indication information or second indication information, the first indication information is indication information corresponding to the first subgroup, and the second indication information is indication information corresponding to the second subgroup; and wherein at least one of the first indication information and the second indication information indicates not to detect a PO corresponding to the first PEI; and refraining from detecting a PO corresponding to the first PEI according to the at least one of the first indication information or the second indication information and using, by the first terminal device, at least one of the first subgroup ID or the second subgroup ID based on whether the first indication information is available to the first terminal device, wherein the first subgroup ID is used if the first indication information is available to the first terminal device, and the second subgroup ID is used if the first indication information is not available to the first terminal device. Claim 1 A wireless communication method, comprising: receiving first paging early indication (PEI) by a first terminal device, wherein the first PEI corresponds to at least one paging occasion (PO), and the first PEI is associated with first information, wherein the first information indicates that a paging message in the at least one PO is a radio access network (RAN)-initiated paging message or a core network (CN)-initiated paging message, and wherein the first PEI comprises a first information field and a second information field, the first information field is corresponding to the CN-initiated paging message, and the second information field is corresponding to the RAN-initiated paging message, and a subgroup ID of the first terminal device is equal to the following: floor[UEID/(N * Ns)]modG2+G1 wherein UEID represents an identity of the first terminal device, N represents a number of paging frames in a DRX cycle, Ns represents a number of paging occasions in a paging frame, G1 represents a first number of subgroups in the first information field, G2 represents a second number of subgroups in the second information field, floor denotes a floor operation, and mod denotes a modulo operation. Claim 2 Claim 6 Claim 4 Claim 12 Claim 5 A first terminal device, comprising: at least one processor; one or more non-transitory computer-readable storage media coupled to the at least one processor and storing programming instructions for execution by the at least one processor, wherein the programming instructions, when executed, cause the first terminal device to perform operations comprising: receiving first paging early indication (PEI), wherein the first terminal device belongs to a first subgroup with a first subgroup identity (ID) and a second subgroup with a second subgroup ID, the first PEI comprises at least one of first indication information or second indication information, the first indication information is indication information corresponding to the first subgroup, and the second indication information is indication information corresponding to the second subgroup; and wherein at least one of the first indication information and the second indication information indicates not to detect a PO corresponding to the first PEI; and refraining from detecting a PO corresponding to the first PEI according to the at least one of the first indication information or the second indication information and using, by the first terminal device, at least one of the first subgroup ID or the second subgroup ID based on whether the first indication information is available to the first terminal device, wherein the first subgroup ID is used if the first indication information is available to the first terminal device, and the second subgroup ID is used if the first indication information is not available to the first terminal device. Claim 1 A wireless communication method, comprising: receiving first paging early indication (PEI) by a first terminal device, wherein the first PEI corresponds to at least one paging occasion (PO), and the first PEI is associated with first information, wherein the first information indicates that a paging message in the at least one PO is a radio access network (RAN)-initiated paging message or a core network (CN)-initiated paging message, and wherein the first PEI comprises a first information field and a second information field, the first information field is corresponding to the CN-initiated paging message, and the second information field is corresponding to the RAN-initiated paging message, and a subgroup ID of the first terminal device is equal to the following: floor[UEID/(N * Ns)]modG2+G1 wherein UEID represents an identity of the first terminal device, N represents a number of paging frames in a DRX cycle, Ns represents a number of paging occasions in a paging frame, G1 represents a first number of subgroups in the first information field, G2 represents a second number of subgroups in the second information field, floor denotes a floor operation, and mod denotes a modulo operation. Claim 6 Claim 6 Claim 8 Claim 12 Claim 9 One or more non-transitory computer-readable media storing computer instructions, that when executed by one or more processors, cause a first terminal device to perform operations comprising: receiving first paging early indication (PEI), wherein the first terminal device belongs to a first subgroup with a first subgroup identity (ID) and a second subgroup with a second subgroup ID, the first PEI comprises at least one of first indication information or second indication information, the first indication information is indication information corresponding to the first subgroup, and the second indication information is indication information corresponding to the second subgroup; and wherein at least one of the first indication information and the second indication information indicates not to detect a PO corresponding to the first PEI; and refraining from detecting a PO corresponding to the first PEI according to the at least one of the first indication information or the second indication information; and using, by the first terminal device, at least one of the first subgroup ID or the second subgroup ID based on whether the first indication information is available to the first terminal device, wherein the first subgroup ID is used if the first indication information is available to the first terminal device, and the second subgroup ID is used if the first indication information is not available to the first terminal device. Claim 1 A wireless communication method, comprising: receiving first paging early indication (PEI) by a first terminal device, wherein the first PEI corresponds to at least one paging occasion (PO), and the first PEI is associated with first information, wherein the first information indicates that a paging message in the at least one PO is a radio access network (RAN)-initiated paging message or a core network (CN)-initiated paging message, and wherein the first PEI comprises a first information field and a second information field, the first information field is corresponding to the CN-initiated paging message, and the second information field is corresponding to the RAN-initiated paging message, and a subgroup ID of the first terminal device is equal to the following: floor[UEID/(N * Ns)]modG2+G1 wherein UEID represents an identity of the first terminal device, N represents a number of paging frames in a DRX cycle, Ns represents a number of paging occasions in a paging frame, G1 represents a first number of subgroups in the first information field, G2 represents a second number of subgroups in the second information field, floor denotes a floor operation, and mod denotes a modulo operation. Claim 10 Claim 6 Claim 12 Claim 12 Although the conflicting claims are not identical, they are not patentably distinct from each other because the Patent claims include all the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”). Claims 1-2, 4-6, 8-10, and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,150,094 as further detailed in the table below: Instant Application United States Patent No. 12,150,094 Claim 1 A wireless communication method, comprising: receiving first paging early indication (PEI) at a first terminal device, wherein the first terminal device belongs to a first subgroup with a first subgroup identity (ID) and a second subgroup with a second subgroup ID, the first PEI comprises at least one of first indication information or second indication information, the first indication information is indication information corresponding to the first subgroup, and the second indication information is indication information corresponding to the second subgroup; and wherein at least one of the first indication information and the second indication information indicates not to detect a PO corresponding to the first PEI; and refraining from detecting a PO corresponding to the first PEI according to the at least one of the first indication information or the second indication information and using, by the first terminal device, at least one of the first subgroup ID or the second subgroup ID based on whether the first indication information is available to the first terminal device, wherein the first subgroup ID is used if the first indication information is available to the first terminal device, and the second subgroup ID is used if the first indication information is not available to the first terminal device. Claim 1 A wireless communication method, comprising: receiving first paging early indication (PEI) by a first terminal device, wherein the first terminal device belongs to a first subgroup with a first subgroup ID and a second subgroup with a second subgroup ID, the first subgroup is associated with a core network (CN)-initiated paging message, the second subgroup is associated with a radio access network (RAN)-initiated paging message, the first PEI comprises at least one of first indication information or second indication information, the first indication information is indication information corresponding to the first subgroup, and the second indication information is indication information corresponding to the second subgroup; and when both the first indication information and the second indication information indicate that the first terminal device does not need to detect a PO corresponding to the first PEI, refraining from detecting, by the first terminal device, the PO corresponding to the first PEI. Claim 3. The method according to claim 2, wherein using, by the first terminal device, at least one of the first subgroup ID or the second subgroup ID comprises: when the first indication information is available to the first terminal device, using, by the first terminal device, the first subgroup ID; or when the first subgroup ID is not available to the first terminal device, using, by the first terminal device, the second subgroup ID. Claim 2 Claim 2 Claim 4 Claim 4 Claim 5 A first terminal device, comprising: at least one processor; one or more non-transitory computer-readable storage media coupled to the at least one processor and storing programming instructions for execution by the at least one processor, wherein the programming instructions, when executed, cause the first terminal device to perform operations comprising: receiving first paging early indication (PEI), wherein the first terminal device belongs to a first subgroup with a first subgroup identity (ID) and a second subgroup with a second subgroup ID, the first PEI comprises at least one of first indication information or second indication information, the first indication information is indication information corresponding to the first subgroup, and the second indication information is indication information corresponding to the second subgroup; and wherein at least one of the first indication information and the second indication information indicates not to detect a PO corresponding to the first PEI; and refraining from detecting a PO corresponding to the first PEI according to the at least one of the first indication information or the second indication information and using, by the first terminal device, at least one of the first subgroup ID or the second subgroup ID based on whether the first indication information is available to the first terminal device, wherein the first subgroup ID is used if the first indication information is available to the first terminal device, and the second subgroup ID is used if the first indication information is not available to the first terminal device. Claim 5 A first terminal device, comprising: at least one processor; one or more non-transitory computer-readable storage media coupled to the at least one processor and storing programming instructions for execution by the at least one processor, wherein the programming instructions, when executed, cause the first terminal device to perform operations comprising: receiving first paging early indication (PEI) by the first terminal device, wherein the first terminal device belongs to a first subgroup with a first subgroup ID and a second subgroup with a second subgroup ID, the first subgroup is associated with a core network (CN)-initiated paging message, the second subgroup is associated with a radio access network (RAN)-initiated paging message, the first PEI comprises at least one of first indication information or second indication information, the first indication information is indication information corresponding to the first subgroup, and the second indication information is indication information corresponding to the second subgroup; and when both the first indication information and the second indication information indicate that the first terminal device does not need to detect a PO corresponding to the first PEI, refraining from detecting, by the first terminal device, the PO corresponding to the first PEI. 7. The first terminal device according to claim 6, wherein using, by the first terminal device, at least one of the first subgroup ID or the second subgroup ID comprises when the first indication information is available to the first terminal device, using, by the first terminal device, the first subgroup ID; or when the first subgroup ID is not available to the first terminal device, using, by the first terminal device, the second subgroup ID. Claim 6 Claim 6 Claim 8 Claim 8 Claim 9 One or more non-transitory computer-readable media storing computer instructions, that when executed by one or more processors, cause a first terminal device to perform operations comprising: receiving first paging early indication (PEI), wherein the first terminal device belongs to a first subgroup with a first subgroup identity (ID) and a second subgroup with a second subgroup ID, the first PEI comprises at least one of first indication information or second indication information, the first indication information is indication information corresponding to the first subgroup, and the second indication information is indication information corresponding to the second subgroup; and wherein at least one of the first indication information and the second indication information indicates not to detect a PO corresponding to the first PEI; and refraining from detecting a PO corresponding to the first PEI according to the at least one of the first indication information or the second indication information; and using, by the first terminal device, at least one of the first subgroup ID or the second subgroup ID based on whether the first indication information is available to the first terminal device, wherein the first subgroup ID is used if the first indication information is available to the first terminal device, and the second subgroup ID is used if the first indication information is not available to the first terminal device. Claim 9 One or more non-transitory computer-readable media storing computer instructions, that when executed by one or more processors, cause a computing device to perform operations comprising: receiving first paging early indication (PEI) by a first terminal device, wherein the first terminal device belongs to a first subgroup with a first subgroup ID and a second subgroup with a second subgroup ID, the first subgroup is associated with a core network (CN)-initiated paging message, the second subgroup is associated with a radio access network (RAN)-initiated paging message, the first PEI comprises at least one of first indication information or second indication information, the first indication information is indication information corresponding to the first subgroup, and the second indication information is indication information corresponding to the second subgroup; and when both the first indication information and the second indication information indicate that the first terminal device does not need to detect a PO corresponding to the first PEI, refraining from detecting, by the first terminal device, the PO corresponding to the first PEI. 11. The one or more non-transitory computer-readable media according to claim 10, wherein using, by the first terminal device, at least one of the first subgroup ID or the second subgroup ID comprises when the first indication information is available to the first terminal device, using, by the first terminal device, the first subgroup ID; or when the first subgroup ID is not available to the first terminal device, using, by the first terminal device, the second subgroup ID. Claim 10 Claim 10 Claim 12 Claim 12 Although the conflicting claims are not identical, they are not patentably distinct from each other because the Patent claims include all the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Lauridsen et al (US 2024/0196371) teaches the paging-related condition may be the subgroup comprising the first device 110, i.e., subgroup 0 corresponding to a first assignment, and the first paging scheme is to be performed for the first assignment. The first device 110 may refrain from monitoring for the paging message on the set of POs in accordance with receipt of no PEI according to the first paging scheme. Likewise, the configurations where the paging-related condition is met and the configurations where the paging-related condition is not met may be interchanged. For example, the paging-related condition may be the subgroup 0 corresponding to a second assignment, and the second paging scheme is to be performed for the second assignment. In this case, the first device 110 may monitor for the paging message on the set of POs in accordance with receipt of no PEI according to the second paging scheme ([0068]); He (US 2022/0225237) teaches the UE 120 includes means for receiving, from the base station 110, configuration information indicating that the UE 120 is either to refrain from decoding the second message or monitor the control channel for a paging indication associated with a PO following a PEI occasion in which a condition is satisfied; and/or means for operating according to the configuration information in a PO following a PEI occasion in which the condition is satisfied ([0056]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET G WEBB whose telephone number is (571)270-7803. The examiner can normally be reached M-F 9:00-6:00 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, Charles Appiah can be reached at (571) 272-7904. 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. /MARGARET G WEBB/Primary Examiner, Art Unit 2641
Read full office action

Prosecution Timeline

Nov 12, 2024
Application Filed
Aug 12, 2026
Non-Final Rejection mailed — §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
88%
With Interview (+8.1%)
2y 4m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 523 resolved cases by this examiner. Grant probability derived from career allowance rate.

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