Prosecution Insights
Last updated: July 17, 2026
Application No. 19/023,175

PROCESSING METHOD, COMMUNICATION DEVICE AND STORAGE MEDIUM

Non-Final OA §102§112
Filed
Jan 15, 2025
Priority
Aug 19, 2022 — continuation of PCTCN2022113660
Examiner
TSE, YOUNG TOI
Art Unit
2632
Tech Center
2600 — Communications
Assignee
Shenzhen Transsion Holdings Co. Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
912 granted / 1021 resolved
+27.3% vs TC avg
Moderate +8% lift
Without
With
+8.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
1047
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
25.3%
-14.7% vs TC avg
§102
10.9%
-29.1% vs TC avg
§112
55.4%
+15.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1021 resolved cases

Office Action

§102 §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 . Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Objections Claims 1-6 and 15-20 are objected to because of the following informalities: 1. (Proposed Amendment) A processing method, comprising: selecting or determining a cyclic prefix extension based on a preset parameter[[,]]; generating an orthogonal frequency division multiplexing (OFDM) symbol based on the cyclic prefix extension[[,]]; and communicating based on the OFDM symbol[[;]], wherein the preset parameter comprises a number of symbols and a gap value. 2. (Proposed Amendment) The method according to claim 1, wherein[[:]] the preset parameter further comprises at least one of: a timing advance, and a propagation delay; and[[/or]] wherein before the selecting or determining the cyclic prefix extension based on the preset parameter, the generating the OFDM symbol based on the cyclic prefix extension, and the communicating based on the OFDM symbol, the method further comprises: selecting or determining at least one of: the number of symbols, [[a]] the timing advance, the propagation delay, and the gap value. 3. (Proposed Amendment) The method according to claim 2, wherein a way of selecting or determining the number of symbols comprises at least one of: selecting or determining the number of symbols based on sidelink control information; selecting or determining the number of symbols based on downlink control information; selecting or determining the number of symbols based on common sidelink control information; and selecting or determining the number of symbols based on a subcarrier spacing of a current sidelink Bandwidth Part and/or a sidelink resource pool. 4. (Proposed Amendment) The method according to claim 2, wherein the timing advance comprises a first timing advance and/or a second timing advance for two adjacent transmissions, and a way of selecting or determining the timing advance comprises at least one of: selecting or determining the first timing advance based on at least one of a sidelink radio resource control signaling, a medium access control-control element and sidelink control information sent by the first terminal; selecting or determining the first timing advance and/or the second timing advance based on a medium access control-control element sent by the network device; and selecting or determining the second timing advance based on a random access response message sent by the network device. 5. (Proposed Amendment) The method according to claim 2, wherein a way of selecting or determining the propagation delay comprises at least one of: selecting or determining the propagation delay based on radio resource control signaling; selecting or determining the propagation delay based on a preset fixed value; and selecting or determining the propagation delay based on a first signal. 6. (Proposed Amendment) The method according to claim 2, wherein the selecting or determining the gap value comprises at least one of: selecting or determining the gap value based on sidelink control information; selecting or determining the gap value based on downlink control information; and selecting or determining the gap value based on a preset configuration. 15. (Proposed Amendment) A communication device, comprising: a processor; and a memory coupled to the processor, the memory storing instructions that, when executed by the processor, cause the communication device to perform the method of claim 1. 16. (Proposed Amendment) A communication device, comprising: a processor; and a memory coupled to the processor, the memory storing instructions that, when executed by the processor, cause the communication device to perform the method of claim 7. 17. (Proposed Amendment) A communication device, comprising: a processor; and a memory coupled to the processor, the memory storing instructions that, when executed by the processor, cause the communication device to perform the method of claim 12. 18. (Proposed Amendment) A non-transitory computer-readable storage medium storing instructions which, when executed by a processor, cause the processor to perform the processing method according to claim 1. 19. (Proposed Amendment) A non-transitory computer-readable storagemedium storing instructions which, when executed by a processor, cause the processor to perform the processing method according to claim 7. 20. (Proposed Amendment) A non-transitory computer-readable storagemedium storing instructions which, when executed by a processor, cause the processor to perform the processing method according to claim 12. 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 1-6, 15, and 18-20 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. The phrase “communicating based on the orthogonal frequency division multiplexing symbol” recited in line 4 of claim 1 is vague and indefinite because the phrase fails to specify how the communication relies on the OFDM symbol (e.g., is it based on the symbol’s amplitude, phase, duration, or a cyclic prefix?). Claim 4 (lines 6, 8, and 10) and line 3 of claims 18-20, the phrases “the first terminal”, “the network device”, and “the processor” all lack antecedent basis. Claims 2-3, 5-6, and 15 depend either directly or indirectly from claim 1, therefore they are also rejected. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-3 and 5-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yoo et al. (US 2017/0244586 A1), hereinafter “Yoo”. Yoo illustrates alternative wireless communications systems in the drawings that support dynamic CP lengths to reduce communications overhead. For example, a wireless device uses a CP length that is changeable for each data packet or listen-before-talk (LBT) frame, initially communicates using a first CP length and then receives a dynamic CP indication for subsequent symbols in one or more data packets or LBT frames. The wireless device then communicates using the different CP length based on the indication. In some examples, the indicated dynamic CP length may be based on a cell radius of a base station, a data direction, or the location of a user equipment (UE) in relation to the base station. Regarding claim 1, Yoo’s wireless device or system performs the processing method of: selecting or determining a cyclic prefix (CP) extension based on a preset parameter (the base station or device dynamically calculates and adjusts the CP length for data packets based on these exact preset parameters); generating an orthogonal frequency division multiplexing (OFDM) symbol based on the CP extension (a transmitter of the wireless device or system appends this dynamically calculated cyclic prefix to the active OFDM symbol to prevent inter-symbol interference (ISI)); and communicating based on the OFDM symbol (the transmitter sends the packet using this dynamically generated OFDM symbol, and a receiver of the wireless device or system decodes it accordingly), wherein the preset parameter comprises a number of symbols and a gap value (the wireless device or system dynamically determines CP lengths based on specific predetermined metrics, such as cell radius, signal propagation delay (the “gap” between signal transmissions), and specific symbol intervals or Listen-Before-Talk (LBT) frames). Regarding claim 7, claim 7 recites “a method, comprising: sending a first message, wherein the first message is configured to select or determine a first parameter, and the first parameter is configured to select or determine a cyclic prefix extension; wherein the first parameter comprises a number of symbols and a gap value.” As discussed in claim 1 above, it primarily focuses on dynamically indicating and altering the length of a cyclic prefix (CP) to adapt to network environments. The foundational purpose of the dynamic CP technology is adapting to channel conditions (e.g., cell radius or UE location) to minimize communications overhead and cover mechanisms for switching between pre-existing CP lengths (like normal vs. extended CP). Yoo also teaches that a base station must indicate the dynamic CP length to the User Equipment (UE) using signaling by sending a first message, wherein the first message is configured to select or determine a first parameter (Yoo inherently supports that a first message used to select/determine a first parameter for the CP length), wherein the first parameter comprises a number of symbols and a gap value (dynamically changing CP lengths based on factors like cell radius or user location to prevent inter-symbol interference (ISI), a “gap value” which relates to guard periods or idle intervals in specific transmission frames can serve as the mathematical framework to support a CP extension, meaning this parameter directly fits the underlying purpose, and CP lengths can be determined on a per-symbol basis, or dynamically changed for subsequent symbols). Regarding claim 12, its claim features are similar to those of claim 7. However, claim 12 differs by reciting a first and second message and a first and second parameter. Furthermore, claim 12 is narrower in scope than claim 7 for the same reasons discussed in claim 7 above. Regarding dependent claims 2-3, 5-6, 8-11, and 13-14, although Yoo may not use the exact claim language, their limitations are either inherent or well-known in the art for the following reasons: Regarding claim 2, in wireless communications (such as 3GPP LTE and 5G NR), the concept of dynamically selecting a cyclic prefix (CP) extension, timing advance (TA), propagation delay, and gap value based on preset parameters is a blend of well-known foundational principles and standardized, system-specific implementations. It is inherent or well-known of adjusting communication timing based on TA and propagation delay. For example, in any cellular system (like OFDM or OFDMA), electromagnetic signals take time to travel between the base station and the mobile device (the propagation delay). To prevent uplink transmissions from different users from overlapping at the receiver, the network inherently calculates and applies a Timing Advance (TA). Because TA and delay values are intrinsically linked to the speed of light and distance, adapting to them is a fundamental requirement of orthogonal communications. It is also inherent or well-known of generating the OFDM symbol based on the selected/determined cyclic prefix extension. The cyclic prefix is explicitly generated to absorb multi-path reflections and prevent Inter-Symbol Interference (ISI). Extending or dynamically adjusting the cyclic prefix duration depending on the channel’s delay spread is a classical digital signal processing technique. It is also inherent or well-known of selecting/determining the number of symbols and a gap value based on a preset parameter. In Time Division Duplex (TDD) systems or Half-Duplex Frequency Division Duplex (FDD) operations, switching between transmitting and receiving requires a guard period (a gap) to allow the device’s hardware to tune. Furthermore, the exact number of symbols accommodated in a time slot varies depending directly on how long your cyclic prefix is. Therefore, deriving symbol counts and gap values is logically and mathematically inherent to managing frame and slot structures. Regarding claim 3, this claim represents standard functionality in 3GPP 5G New Radio (NR) Sidelink (V2X) communications. It outlines the parameters a User Equipment (UE) uses to determine the transmission duration in symbols (typically OFDM symbols) for a sidelink transmission, such as a Physical Sidelink Shared Channel (PSSCH). For Sidelink Control Information (SCI), the transmitting UE uses 1st and 2nd-stage SCI to directly signal its resource reservations and transmission parameters to receiving UEs. A receiving UE decodes this control data to know exactly how many symbols it needs to monitor to successfully receive the data block. For Downlink Control Information (DCI), in network-scheduled scenarios (Mode 1), the base station (gNB) tells the UE how to allocate its sidelink resources using DCI. The gNB indicates the time and frequency allocations (including the number of symbols) directly to the UE. For Common Sidelink Control Information, similar to SCI, this helps coordinate transmissions among groups of UEs, ensuring that all devices in a localized group (like a platoon of vehicles) share unified assumptions about transmission duration. For Subcarrier Spacing (SCS) and Resource Pool, the physical duration of an OFDM symbol is directly tied to the numerology, or subcarrier spacing (e.g., 15 kHz, 30 kHz, 60 kHz). Because the SCS scales exponentially, the time duration of a given number of symbols changes. The sidelink resource pool configurations (via higher-layer RRC) dictate these standard symbol mappings inherently known in the wireless art. Because radio environments and scheduling needs vary, this multi-parameter approach ensures that UEs whether operating autonomously or with network assistance, always align their symbol boundaries and decoding windows. Regarding claim 5, this claim represents a valid, standard technical approach used in telecommunications, specifically in 3GPP and LTE/NR cellular systems (e.g., in Non-Terrestrial Networks or timing advance adjustments). In wireless networks, devices must synchronize their transmissions to account for the time radio waves take to travel through the air. Regarding the step of selecting or determining the gap value based on radio resource control (RRC) signaling, in dynamic networks (like a fast-moving Low Earth Orbit satellite), the distance to the base station is constantly changing. The network continuously computes the exact distance and sends a dedicated RRC message to the device, telling it exactly how much delay to compensate for. Regarding the step of selecting or determining the gap value based on a preset fixed value, for static or stationary networks (like satellites), the distance and travel time essentially never change. A fixed, hardcoded preset eliminates the need for the network to waste bandwidth constantly signaling the same delay. Regarding the step of selecting or determining the gap value based on a first signal, in networks where a base station or satellite serves a localized cell, a device can inherently calculate the distance simply by measuring the round-trip time of a well-known, pre-existing signal (e.g., a Synchronization Signal Block or a Random Access Preamble). No extra signaling or fixed programming is needed, the device listens to the environment to figure it out. Regarding claim 6, this specific claim language is primarily found in 3GPP LTE/5G NR Sidelink (V2X) patent specifications. It outlines the flexible, multi-layered approach used to define timing or frequency gaps (such as resource reservation or measurement gaps) between transmissions. Regarding the step of selecting or determining the gap value based on Sidelink Control Information (SCI), the gap is dynamically assigned by another User Equipment (UE) directly transmitting data/sidelink control messages over the air. Regarding the step of selecting or determining the gap value based on Downlink Control Information (DCI), the base station (gNB) directly signals the gap parameter dynamically to the UE using a PDCCH (Physical Downlink Control Channel). Regarding the step of selecting or determining the gap value based on a Preset Configuration, this refers to semi-static or pre-defined system settings (e.g., Radio Resource Control or RRC) stored in the UE or broadcast in system information, representing established standards or specifications. Regarding claims 8 and 13, each claim describes a standardized procedure in 3GPP 5G NR or LTE V2X systems for direct device-to-device (sidelink) communication. It defines what information a User Equipment (UE) includes when initiating or responding to a sidelink transmission, and why a timing advance is used. For sidelink control information and common sidelink control information, this information is necessary so receiving devices know which radio resources (frequencies and time slots) are being used or reserved. For Sidelink RRC Signaling, this sets up and updates the critical control-plane configurations needed for direct, groupcast, or broadcast communications between devices. For Sidelink MAC-CE, a Medium Access Control Control Element (MAC-CE) handles fast, low-latency, dynamic control information, such as priority handling or hybrid automatic repeat requests (HARQ) feedback. For Timing Advance (TA), devices must apply a timing advance to align their transmissions with the strict synchronization of the wireless subframes. This prevents data sent from distant devices from arriving out of sequence, ensuring that symbols from multiple sources do not overlap or interfere with each other. Regarding claims 9 and 14, each claim limitation describing a conditional step, discarding previously transmitted symbols based on a preset symbol threshold is considered well-known and inherent in foundational digital communications and signal processing. This concept relies on core principles of buffer management, automatic repeat request (ARQ), and rate matching. For buffer management & memory limits, transceivers have finite memory for storing transmitted data for potential retransmission. When the number of stored symbols exceeds a safe preset threshold (e.g., maximum buffer capacity), the oldest symbols must be purged to prevent memory overflow. For Retransmission protocols (ARQ/HARQ), in protocols like Hybrid ARQ (HARQ), if a receiver successfully decodes a packet, it sends an acknowledgment (ACK). The transmitter's inherent response is to discard the prior symbols because they are no longer needed, clearing space for new data. For rate matching, communication systems adjust the number of transmitted symbols to match channel capacity. If the data to be sent across adjacent transmission intervals exceeds what the physical channel can support, the system inherently discards (or punctures) symbols. Regarding claim 10, by using a first signal to determine a propagation delay, such as measuring a Time of Flight (ToF), performing an echo test, or running a hardware-based calibration is a foundational principle of communications and physics. A signal sent over a medium (like copper, fiber, or air) inherently experiences a delay based on physical distance and the speed of light or electrical transmission. Determining or accounting for propagation delays is generally deemed well known or inherent in scenarios where the system needs to: synchronize clocks that systems (like DAQ devices or distributed cellular nodes) send signals to hardware-calibrate anti-aliasing filters or align phase shifts; calculate distance where Radar, Sonar, and GPS (such as GNSS systems) inherently send out pulses to calculate physical distance by factoring in the known delay of the return signal; and maintain signal integrity in high-speed PCB layouts, and tracing delays (like microstrip or stripline routing) dictates timing margins (setup and hold times) to avoid data corruption. Regarding claim 11, and as stated above in claim 7, if the first message configured to select or determine the first parameter is performed by a receiver of the UE in the wireless system, it is well known in the art for the receiver to select or determine the first message based on a second message, for example, transmitted from a base station transmitter. Further, the “wherein” clause recited in the claim simply introduces an intended result or functional description of the core method step and is given no patentable weight. Regarding claims 15-17 and 18-20, as applied to claims 1, 7, and 12, Yoo illustrates a block diagram of a system in FIG. 12 including a user equipment that supports dynamic CP length and a block diagram of the system in FIG. 13 including a base station that supports dynamic CP length. As shown in FIG. 12, the user equipment includes: a UE dynamic CP manager 1205; a memory 1210; a processor 1220; a transceiver 1225; one or more antennas 1230; and an ECC module 1235. As shown in FIG. 13, the base station includes: a base station dynamic CP manager 1305; a memory 1310; a processor 1320; a transceiver 1325; one or more antennas 1330; a base station communications module 1335; and a network communications module 1340. Therefore, the system and non-transitory computer-readable storage medium recited in the claims which comprise a processor and a memory storing computer-readable instructions is considered inherently well-known in the art and merely functions to cause the processor to perform the methods according to claims 1, 7, and 12. Allowable Subject Matter Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KIM et al. (US 2018/0091267 A1) relates to a terminal in a mobile communication system, comprising: a transceiver configured to transmit and receive a signal; and at least one processor coupled with the transceiver and configured to: identify a first subcarrier spacing and a second subcarrier spacing, receive a signal from a base station based on at least one of the first subcarrier spacing and the second subcarrier spacing, and determine, based on a predetermined cyclic prefix (CP) pattern set, a first CP pattern applied to a symbol based on the first subcarrier spacing and a second CP pattern applied to a symbol based on the second subcarrier spacing, wherein the symbol corresponding to the first subcarrier spacing to which the first CP pattern is applied and the symbol corresponding to the second subcarrier spacing to which the second CP pattern is applied are respectively time-aligned. PU et al. (US 2019/0268089 A1) relates to a base station to determine a suitable transmission modulation and coding scheme (MCS) according to the quality of the channel, a user equipment (UE) needs to feedback channel state information (CSI), and CSI report includes periodic CSI report and non-periodic CSI report. In the LTE system, when the UE feeds back CSI, it makes an assumption as the following: obtaining a CP characteristic of the system, i.e., whether the system using an extended CP or a normal CP, by performing detection, and then determining the number of OFDM symbols of each subframe according to the CP characteristic; for the normal CP, each subframe including 14 OFDM symbols, and for the extended CP, each subframe including 12 OFDM symbols; and obtaining the number of antenna ports of CRS by performing detection, and specifically, the CRS may have 1, 2, or 4 antenna ports, and determining which RSs cannot be used to transmit the PDSCH according to the number of antenna ports of the CRS; and assuming that first 3 OFDM symbols in each subframe are used for control signaling transmission, and cannot be used for PDSCH transmission. Then, when calculating the CSI, the number of resources for transmitting the PDSCH are determined according to the total number of OFDM symbols determined according to the CP characteristic minus 3 and excluding the number of resources for transmitting the CRS from the remaining number of OFDM symbols. Kim (US 2023/0023874 A1) relates to a method comprising: generating a sequence which is related to a synchronization signal (SS) including a primary synchronization signal (PSS) and a secondary synchronization signal (SSS); mapping the sequence to a physical resource which is based on a Resource Element (RE); and transmitting, to a user equipment (UE), the SS, based on the mapping, wherein an acquisition of a time and frequency synchronization by the UE is performed based on the SS, wherein a physical cell ID is determined based on the SS, wherein the SS is transmitted in one or more symbols, wherein the one or more symbols are based on consecutive Orthogonal Frequency Division Multiplexing (OFDM) symbols, wherein a portion of the SS is transmitted in a time resource region based on a cyclic prefix (CP) of the SS, and the portion of the SS includes at least one of the PSS and the SSS, and wherein a length of the CP is determined based on at least one of (i) a subcarrier spacing applied to signal transmission in the wireless communication system, (ii) a number of orthogonal frequency division multiplexing (OFDM) symbols included in a time interval based on the subcarrier spacing, or (iii) a number of OFDM symbols for the CP within the time interval. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Young T. Tse whose telephone number is (571)272-3051. The examiner can normally be reached Mon-Fri 10:30am-7pm. 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, Chieh M Fan can be reached at 571-272-3042. 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. /Young T. Tse/Primary Examiner, Art Unit 2632
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Prosecution Timeline

Jan 15, 2025
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
98%
With Interview (+8.3%)
2y 5m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1021 resolved cases by this examiner. Grant probability derived from career allowance rate.

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