Prosecution Insights
Last updated: August 06, 2026
Application No. 18/969,258

Method for allocating MCS and Resource Block for Uplink Transmission in 5G NR System without closed-loop power control

Non-Final OA §101
Filed
Dec 05, 2024
Priority
Dec 12, 2023 — RE 10-2023-0179518
Examiner
KUNTZ, CURTIS A
Art Unit
Tech Center
Assignee
Eucast Co. Ltd.
OA Round
1 (Non-Final)
51%
Grant Probability
Moderate
1-2
OA Rounds
10m
Est. Remaining
55%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
38 granted / 75 resolved
-9.3% vs TC avg
Minimal +4% lift
Without
With
+4.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
30 currently pending
Career history
93
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
53.9%
+13.9% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 75 resolved cases

Office Action

§101
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 . 2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 3. The abstract of the disclosure is objected to because it’s more than 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). 4. Applicant is reminded of the proper content of an abstract of the disclosure. A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives. Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps. Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts. Claim Rejections - 35 USC § 101 6. 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. 7. Claims 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The independent claims recite multiple steps of determining, calculating, selecting different values without defining a result and what the result actually does. This judicial exception is not integrated into a practical application because the claims appear to be a mental process do not include additional elements (step 2A) that integrate it into a practical application as they are directed to data collection, calculation and evaluation (determining) only which can be done by a human. The processor claimed is considered a generic element. 8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hou CN 115884345-A teaches an uplink AMC algorithm based on NR wireless communication, comprising: calculating the number M1 of the uplink resource RB which can be supported when the power of UE is not limited; measuring the signal of the UE signal received by the uplink and the interference noise ratio SINR; obtaining the un-limited UE channel quality index; calculating the maximum MCS according to the channel quality index of the non-limited UE, obtaining the TBsizeable to be scheduled by the MCS and M1; under the condition that the UE power is limited, attempting to adjust the MCS, calculating the number of the scheduling RB that can be supported, obtaining the corresponding scheduling TBsize, finding the combination of maximum scheduling TBsize from all the MCS and RB combinations, so as to obtain the best MCS and RB, the uplink AMC algorithm considers the processing mode of the AMC under different channel conditions of the UE at near point and far point, fully considering the size of RB resource actually needed by UE scheduling, using the power headroom PHR reported by the UE, performing AMC processing, so as to calculate the MCS suitable for each scheduling. Kim KR-20170114234-A teaches a method for a base station to control uplink transmission power of a mobile station. The base station receives, from the mobile terminal, an available transmission power amount of the mobile terminal. The base station determines a target channel quality value corresponding to the current position of the mobile terminal based on the available transmission power. The base station determines a reception channel quality value using an uplink data channel received from the mobile station. The base station determines transmission power control (TPC) using the difference between the target channel quality value and the reception channel quality value. Kazuki WO-2023102300-A1 teaches a ser equipment (UE) may receive control signaling, such as a control message or radio resource control (RRC) signaling, from a base station indicating a time interval over which to determine available power headroom relative to a transmission power threshold. The UE may calculate the available power headroom relative to the transmission power threshold as a function of UE transmission power during the time interval. The UE may transmit a power headroom report in an uplink transmission to the base station, the power headroom report indicating the calculated available power headroom. The base station may schedule one or more uplink messages at the UE according to the available power headroom. Conclusion 9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS A KUNTZ whose telephone number is (571)272-7499. The examiner can normally be reached on M-Th from 530am to 330pm and Fri from 530am to 10am. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D Anderson, can be reached at telephone number 5712724177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice. /CURTIS A KUNTZ/Primary examiner, Art Unit 2646
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Prosecution Timeline

Dec 05, 2024
Application Filed
Jul 17, 2026
Non-Final Rejection mailed — §101 (current)

Precedent Cases

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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
51%
Grant Probability
55%
With Interview (+4.4%)
2y 6m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 75 resolved cases by this examiner. Grant probability derived from career allowance rate.

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