Prosecution Insights
Last updated: April 19, 2026
Application No. 17/440,593

PANEL SELECTION FOR UPLINK TRANSMISSION

Non-Final OA §103
Filed
Nov 17, 2022
Examiner
WELTE, BENJAMIN PETER
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
3 (Non-Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
20 granted / 28 resolved
+13.4% vs TC avg
Strong +42% interview lift
Without
With
+42.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
60 currently pending
Career history
88
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
71.5%
+31.5% vs TC avg
§102
20.3%
-19.7% vs TC avg
§112
6.6%
-33.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 28 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The amendment submitted on 01/02/2026 has been received and considered by the examiner. Claims 1, 10, 25, and 28 were amended, and claims 12-20 were previously cancelled. Claims 1-11 and 21-29 remain pending. Response to Arguments Applicant’s arguments with respect to claim(s) 1-11 and 21-29 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Objections Claims 1 and 28 are objected to because of the following informalities: it contains an apparent comma splice (“identifying, the particular panel ...”). Appropriate correction is required. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-6, 8, 10-11, 21-24, 26, and 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Varatharaajan et al. (US 2022/0123799 A1, hereinafter “Varatharaajan”) in view of Huang et al. (US 2020/0204225 A1, hereinafter “Huang”). As to Claim 1, 10, 28: Varatharaajan describes a method to configure a SRS resource set for codebook or non-codebook PUSCH transmission. Specifically, Varatharaajan teaches: Receiving, from a base station, a first indication to use a codebook based transmission scheme or a non-codebook based transmission scheme for physical uplink shared channel (PUSCH) communications with the base station Varatharaajan teaches a “higher layer configuration of the SRS” which “comprises a parameter usage and the value of the parameter is set to nonCodebook or Codebook” for a “PUSCH transmission” (Varatharaajan, 0032). Receiving, from the base station, a second indication of one or more sounding reference signal (SRS) resources corresponding to whether the UE uses the codebook based transmission scheme or the non-codebook based transmission scheme Varatharaajan’s method “further comprises: scheduling at least one PUSCH transmission” using “a sounding reference signal resource indicator (SRI) field of the DCI”, wherein “in the case when the usage is set to codebook, the DCI indicates ... the precoder for the antenna ports corresponding to a first SRS resource and ... the precoder for the antenna ports corresponding to a second SRS resource” and “in the case when the usage is set to nonCodebook, each SRS resource in the SRS resource set configuration is configured with only one port” (Varatharaajan, 0032-0033). Here, the fact that “each SRS resource in the SRS resource set configuration is configured with only one port” in the “nonCodebook” case but the DCI “indicates ... the precoder for the antenna ports corresponding to a first SRS resource” and “the antenna ports corresponding to a second SRS resource” in the “Codebook” case shows that different “sounding reference signal (SRS) resources” are configured “corresponding to whether the UE uses the codebook based transmission scheme or the non-codebook based transmission scheme”. The second indication indicates a list identifying one or more antenna ports of the UE to use for a SRS resource in response to the codebook based transmission scheme, and the second indication indicates a particular port of the UE to use for the SRS resource in response to the non-codebook based transmission scheme Varatharaajan’s method “further comprises: scheduling at least one PUSCH transmission” using “a sounding reference signal resource indicator (SRI) field of the DCI”, wherein “in the case when the usage is set to codebook, the DCI indicates ... the precoder for the antenna ports corresponding to a first SRS resource and ... the precoder for the antenna ports corresponding to a second SRS resource” and “in the case when the usage is set to nonCodebook, each SRS resource in the SRS resource set configuration is configured with only one port” (Varatharaajan, 0032-0033). Here, “the precoder for the antenna ports” which corresponds to each SRS resource “in the case where the usage is set to Codebook” maps to “a list identifying one or more antenna ports of the UE to use for a SRS resource” for “the codebook based transmission scheme”, and “each SRS resource in the SRS resource set configuration is configured with only one port” for “the case when the usage is set to nonCodebook” maps to “indicates a particular port of the UE for the SRS resource”. Identifying, the particular panel based on the one or more antenna ports indicated in the list for the SRS resource Varatharaajan teaches that “[a]n antenna port may be defined as a panel. Hence throughout this disclosure a panel and an antenna port are used interchangeably” (Varatharaajan, 0029). Configuring a PUSCH transmission communication to use the particular panel including the one or more antenna ports Varatharaajan describes “scheduling at least one PUSCH transmission” that is “transmitted using the ports associated with the indicated SRS resources” (Varatharaajan, 0032). This also encompasses the relevant panel(s) because, as cited above, Varatharaajan teaches that “[a]n antenna port may be defined as a panel. Hence throughout this disclosure a panel and an antenna port are used interchangeably” (Varatharaajan, 0029). Varatharaajan does not explicitly disclose: Based on the first indication indicating to use the codebook based transmission scheme, receiving from the base station, the list identifying the one or more antenna ports of the UE to support precoder selection from different codebooks for the SRS resource of the one or more SRS resources, the one or more antenna ports associated with a particular panel of a plurality of panels for the SRS resource However, Huang does describe selecting codebooks for uplink transmission. Specifically, Huang teaches: Based on the first indication indicating to use the codebook based transmission scheme, receiving from the base station, the list identifying the one or more antenna ports of the UE to support precoder selection from different codebooks for the SRS resource of the one or more SRS resources, the one or more antenna ports associated with a particular panel of a plurality of panels for the SRS resource Huang describes a method where “a base station determines codebook information used by a terminal” (Huang, 0152) which includes “panel selection information” (Huang, 0225) for multiple “codebooks” (Huang, 0237). Thus, it would have been obvious before the effective filing date of the claimed invention to incorporate Huang’s practice of selecting precoders from different codebooks into Varatharaajan’s method for configuring a PUSCH as a codebook or non-codebook transmission. Using multiple precoders can allow a UE more flexibility for beamforming. Claim 10 contains the same subject matter as Claim 1 in the form of an apparatus claim that additionally requires: One or more panels; a transceiver coupled to the one or more panels; and at least one processor coupled to the transceiver, wherein the at least one processor is configured Paragraph 0034 of Varatharaajan describes the hardware of a user equipment. Claim 28 similarly describes an apparatus that performs the method of Claim 1. As to Claim 2 and 29: Varatharaajan does not explicitly disclose: Different panels of the UE have different numbers of antenna ports Different codebooks correspond to the different numbers of antenna ports Different SRS resources are associated with the different panels of the UE However, Huang does teach: Different panels of the UE have different numbers of antenna ports Huang states that “the data transmission capability information includes ... the number of antenna ports included in each of the panels” (Huang, 0264, 0267), showing that different panels can have different numbers of ports. Different codebooks correspond to the different numbers of antenna ports Huang teaches that “the second indication information includes the information of the number of the antenna ports corresponding to the codebooks” (Huang, 0237), showing that different codebooks can have different numbers of ports. Different SRS resources are associated with the different panels of the UE Huang states that “the base station determines codebook information used by the terminal, according to an SRS (Sounding Reference Signal) resource reported by the terminal” and “the first indication includes the panel selection information” (Huang, 0005, 0237), showing that an indication communicates choice of both a SRS resource and a panel. Thus, it would have been obvious before the effective filing date of the claimed invention to incorporate Huang’s practice of selecting precoders from different codebooks into Varatharaajan’s method for configuring a PUSCH as a codebook or non-codebook transmission. Using multiple precoders can allow a UE more flexibility for beamforming. Claim 29 describes the same subject matter as Claim 2 in the form of an apparatus claim. As to Claim 3 and 21: Varatharaajan teaches: Based on the UE using the codebook based transmission scheme ... receiving one or more SRS resource indicators (SRIs) identifying the one or more SRS resources corresponding to the particular panel Varatharaajan teaches that “at least two SRS resources are indicated via a sounding reference signal resource indicator (SRI) field of the DCI” and that “a PUSCH ... is transmitted using the ports associated with the indicated SRS resources” (Varatharaajan, 0032). Further, Varatharaajan states that “an antenna port may be defined as a panel” (Varatharaajan, 0029), and “in the case when the usage is set to codebook, the DCI indicates as many transmitted precoding matrix index (TPMI) values as the number of SRS resources indicated via the SRI field of the DCI” (Varatharaajan, 0033). Claim 21 teaches the same subject matter as Claim 3 in the form of an apparatus claim. As to Claim 4 and 22: Varatharaajan teaches: Based on the UE using the codebook based transmission scheme ... receiving one or more SRS resource indicators (SRIs) identifying one or more SRS resource sets corresponding to the particular panel Varatharaajan teaches that “at least two SRS resources are indicated via a sounding reference signal resource indicator (SRI) field of the DCI, wherein each SRS resource is associated with a different SRS resource set” (Varatharaajan, 0032). Varatharaajan further teaches that “in the case when the usage is set to codebook, the DCI indicates as many transmitted precoding matrix index (TPMI) values as the number of SRS resources indicated via the SRI field of the DCI” (Varatharaajan, 0033). The one or more SRS resource sets include the one or more SRS resources Varatharaajan teaches that “at least two SRS resources are indicated via a sounding reference signal resource indicator (SRI) field of the DCI, wherein each SRS resource is associated with a different SRS resource set” (Varatharaajan, 0032). Claim 22 contains the same subject matter as Claim 4 in the form of an apparatus claim. As to Claim 5 and 23: Varatharaajan teaches: Receiving a medium access control element (MAC CE) or a downlink control information (DCI) message indicating the one or more antenna ports corresponding to the one or more SRS resources Varatharaajan teaches that “at least two SRS resources are indicated via a sounding reference signal resource indicator (SRI) field of the DCI, wherein each SRS resource is associated with a different SRS resource set” (Varatharaajan, 0032). Varatharaajan further teaches that “in the case when the usage is set to codebook, the DCI indicates as many transmitted precoding matrix index (TPMI) values as the number of SRS resources indicated via the SRI field of the DCI”, and “in the case when the usage is set to nonCodebook, each SRS resource ... is configured with only one port” (Varatharaajan, 0033). Here, “the DCI” maps to “a downlink control information (DCI) message” from the list of “Receiving a medium access control element (MAC CE) or a downlink control information (DCI) message”. Claim 23 contains the same subject matter as claim 5 in the form of an apparatus claim. As to Claim 6 and 24: Varatharaajan teaches: Based on the UE using the non-codebook based transmission scheme ... receiving, at the UE, one or more SRS resource indicators (SRIs) identifying one or more SRS resource sets corresponding to a second panel Varatharaajan states that “at least two SRS resources are indicated via a sounding reference signal resource indicator (SRI)”, that “each SRS resource is associated with a different SRS resource set” (Varatharaajan, 0032), and “in the case when the usage is set to nonCodebook, each SRS resource ... is configured with only one port” (Varatharaajan, 0033). The one or more SRS resource sets include the one or more SRS resources Varatharaajan states that “at least two SRS resources are indicated via a sounding reference signal resource indicator (SRI)” and that “each SRS resource is associated with a different SRS resource set” (Varatharaajan, 0032). Claim 24 contains the same subject matter as Claim 6 in the form of an apparatus claim. As to Claim 8 and 26: Varatharaajan teaches: Based on the UE using the non-codebook based transmission scheme ... receiving one or more SRS resource indicators (SRIs) identifying the one or more SRS resources corresponding to a second panel Varatharaajan states that “at least two SRS resources are indicated via a sounding reference signal resource indicator (SRI)”, that “each SRS resource is associated with a different SRS resource set” (Varatharaajan, 0032), and “in the case when the usage is set to nonCodebook, each SRS resource ... is configured with only one port” (Varatharaajan, 0033). Further, Varatharaajan states that “an antenna port may be defined as a panel” (Varatharaajan, 0029). Claim 26 contains the same subject matter as Claim 8 in the form of an apparatus claim. As to Claim 11: Varatharaajan does not explicitly disclose: A first panel of the one or more panels has a different number of antenna ports than a second panel of the one or more panels However, Huang does teach: A first panel of the one or more panels has a different number of antenna ports than a second panel of the one or more panels Huang states that “the data transmission capability information includes ... the number of antenna ports included in each of the panels” (Huang, 0264, 0267). Thus, it would have been obvious before the effective filing date of the claimed invention to incorporate Huang’s practice of selecting precoders from different codebooks into Varatharaajan’s method for configuring a PUSCH as a codebook or non-codebook transmission. Using multiple precoders can allow a UE more flexibility for beamforming. Claim(s) 7 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Varatharaajan (US 2022/0123799 A1) in view of Huang (US 2020/0204225 A1) and further in view of Go et al. (US 2022/0166468 A1, hereinafter “Go”). As to Claim 7 and 25: Varatharaajan teaches: Receiving the one or more SRIs identifying the one or more SRS resources sets Varatharaajan states that “at least two SRS resources are indicated via a sounding reference signal resource indicator (SRI)” and that “each SRS resource is associated with a different SRS resource set” (Varatharaajan, 0032). The combination of Varatharaajan and Huang does not explicitly disclose: Receiving, from the base station, a channel state information reference signal (CSI-RS) However, Go does describe methods for configuring CSI reporting using a CSI-RS Specifically, Go teaches: Receiving, from the base station, a channel state information reference signal (CSI-RS) Go describes a UE that “may be configured (and/or indicated) to determine a (best, preferred) beam for CSI-RS reception for the SRI within the (transmission) panel of the UE corresponding to the SRS resource set” (Go, 0310). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Go’s method for configuring CSI measurement and reporting along with SRIs for SRS resource sets into Huang’s method for configuring uplink transmissions. CSI reporting is another useful feature that it makes sense to configure along with the resources for a PUSCH. Claim 25 contains the same subject matter as Claim 7 in the form of an apparatus claim. Claim(s) 9 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Varatharaajan (US 2022/0123799 A1) in view of Huang (US 2020/0204225 A1) and further in view of Cirik et al. (US 2024/0015764 A1, hereinafter “Cirik”). As to Claim 9 and 27: The combination of Varatharaajan and Huang does not explicitly disclose: Receiving the one or more SRIs identifying the one or more SRS resources occurs when a channel state information reference signal (CSI-RS) has not been received from the base station However, Cirik does describe a method to use multiple DCIs to schedule a PDSCH. Specifically, Cirik teaches: Receiving the one or more SRIs identifying the one or more SRS resources occurs when a channel state information reference signal (CSI-RS) has not been received from the base station Cirik states that “a wireless device receives a DCI scheduling a plurality of transport blocks (e.g., PDSCH, PUSCH) ... The DCI may comprise at least two sounding reference signal resource indicator/index (SRI) fields indicating at least two SRS resources” (Cirik, 0222, 0276). Also, Fig. 18 in Cirik shows an example timeline where a device receives DCI without receiving a CSI-RS. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the DCI in Huang to indicate a SRS resource set, as described in Cirik. SRS resource sets are another useful parameter for configuring a reference signal. Claim 27 describes the same subject matter as Claim 9 in the form of an apparatus claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Benjamin Peter Welte whose telephone number is (703)756-5965. The examiner can normally be reached Monday - Friday, EST. 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, Chirag Shah, can be reached at (571)272-3144. 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. /B.P.W./Examiner, Art Unit 2477 /CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477
Read full office action

Prosecution Timeline

Nov 17, 2022
Application Filed
Jul 09, 2025
Non-Final Rejection — §103
Sep 17, 2025
Examiner Interview Summary
Sep 17, 2025
Applicant Interview (Telephonic)
Oct 16, 2025
Response Filed
Nov 01, 2025
Final Rejection — §103
Jan 02, 2026
Response after Non-Final Action
Jan 16, 2026
Request for Continued Examination
Jan 25, 2026
Response after Non-Final Action
Mar 09, 2026
Non-Final Rejection — §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

3-4
Expected OA Rounds
71%
Grant Probability
99%
With Interview (+42.1%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 28 resolved cases by this examiner. Grant probability derived from career allow rate.

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