Prosecution Insights
Last updated: April 18, 2026
Application No. 17/751,403

UPLINK CHANNEL DYNAMIC WAVEFORM SWITCHING

Non-Final OA §103
Filed
May 23, 2022
Examiner
YANG, ZHAOHUI
Art Unit
2468
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
5 (Non-Final)
72%
Grant Probability
Favorable
5-6
OA Rounds
3y 2m
To Grant
83%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
281 granted / 391 resolved
+13.9% vs TC avg
Moderate +11% lift
Without
With
+11.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
44 currently pending
Career history
435
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
66.5%
+26.5% vs TC avg
§102
18.3%
-21.7% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 391 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/2/2026 has been entered. Response to Arguments Applicant’s arguments with respect to claim(s) 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over KWAK; Kyuhwan et al. US PGPUB 20170251463 A1, in view of KIM; Youngtae et al. US PGPUB 20170155434 A1, supported by provisional application 62/031,162, filed on 7/31/2014. Regarding claim 1, Kwak teaches An apparatus for wireless communications, comprising: one or more processors; memory coupled with the one or more processors; and instructions stored in the memory and operable, (Fig. 12, UE Processor 1221, Memory 1222) when executed by the one or more processors, to cause the apparatus to: determine whether an uplink physical layer channel is configured for frequency domain code division multiplexing (CDM); ([0134] Further, in various embodiments of the present invention, a code division multiplexing (CDM) scheme may be considered between the terminals configured by the same structure (i.e., the same resource structure) for the uplink control channel resources, and in this case, multiplexing between the terminals of different symbol units may be considered together.) determine whether to switch from a first waveform type to a second waveform type for the uplink physical layer channel during a transmission time interval ([0115] Herein, whether or not to support simultaneously the different multiplexing schemes (the OFDM scheme and the SC-FDM scheme may be included as the capability of the terminal. See Fig. 3, UL data to UL control region for ACK/NACK or SR are transmitted timewise, and“[0116] In more detail, in the structure illustrated in FIG. 3, when the terminal simultaneously transmits an uplink data channel (e.g., a physical uplink shared channel (PUSCH)) and an uplink control channel (e.g., a physical uplink control channel (PUCCH)), the terminal may transmit the uplink control channel in the SC-FDM scheme and the uplink data channel in the OFDM scheme.” ) based at least in part on the determination of whether the uplink physical layer channel is configured for frequency domain CDM; ([0134] Further, in various embodiments of the present invention, a code division multiplexing (CDM) scheme may be considered between the terminals configured by the same structure (i.e., the same resource structure) for the uplink control channel resources, and in this case, multiplexing between the terminals of different symbol units may be considered together.) wherein the transmission time interval spans two or more symbols (see Fig. 3 of TTI being one subframe, and see [0103] In this case, the terminal may transmit the uplink control information by using multiple symbols on the time axis.) and communicate on the uplink physical layer channel using at least one of the first waveform type or the second waveform type during the transmission time interval ([0116] In more detail, in the structure illustrated in FIG. 3, when the terminal simultaneously transmits an uplink data channel (e.g., a physical uplink shared channel (PUSCH)) and an uplink control channel (e.g., a physical uplink control channel (PUCCH)), the terminal may transmit the uplink control channel in the SC-FDM scheme and the uplink data channel in the OFDM scheme.) in accordance with the determination of whether to switch from the first waveform type to the second waveform type. ([0115] Herein, whether or not to support simultaneously the different multiplexing schemes (the OFDM scheme and the SC-FDM scheme) may be included as the capability of the terminal. And see Fig. 13 and [0116] and [0083]) Kwak does not teach determine whether to switch from a first waveform type to a second waveform type for the uplink physical layer channel … based at least in part on whether the switch from the first waveform type to the second waveform type would interfere with an orthogonality of one or more transmissions during the transmission time interval, However, Kim teaches determine whether to switch from a first waveform type to a second waveform type for the uplink physical layer channel … based at least in part on whether the switch from the first waveform type to the second waveform type would interfere with an orthogonality of one or more transmissions during the transmission time interval, ([0108] [0108] In the LTE-A system, the resources used for CSI-RS transmission of different antenna ports are orthogonal to each other. When an eNB transmits CSI-RSs for different antenna ports, the CSI-RSs for the respective antenna ports may be mapped to different resource elements, such that the resource elements are allocated so as to be orthogonal to each other in a manner of FDM/TDM. See ‘162, page 16, second full paragraph starting with “In the LTE-A system…”) In order to improve communication quality by achieve more accurate channel measurement with CSI-RS orthogonality. Kwak and Kim are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Kwak with the technique of CSI-RS multiplexing in Kim in order to improve communication quality by achieve more accurate channel measurement. Regarding claim 2. Kwak and Kim teach The apparatus of claim 1, Kwak teaches wherein the instructions are further operable, when executed by the one or more processor, to cause the apparatus to: switch the waveform for the uplink physical layer channel based at least in part determining to switch from the first waveform type to the second waveform type. ([0115] For example, in a single carrier (alternatively, between carrier/band combinations), the terminal may transmit data and/or control information by applying both an orthogonal frequency division multiplexing (OFDM) scheme and single carrier frequency-division multiplexing (SC-FDM) scheme. Herein, whether or not to support simultaneously the different multiplexing schemes (the OFDM scheme and the SC-FDM scheme) may be included as the capability of the terminal. [0118] In addition, the base station may configure the uplink data channel and the uplink control channel to be transmitted by the same multiplexing scheme (e.g., OFDM, SC-FDM) by considering a coverage class and/or a latency of the terminal.) Regarding claim 3. Kwak and Kim teach The apparatus of claim 1, Kwak teaches wherein the uplink physical layer channel is configured for frequency domain CDM, ([0134] Further, in various embodiments of the present invention, a code division multiplexing (CDM) scheme may be considered between the terminals configured by the same structure (i.e., the same resource structure) for the uplink control channel resources, and in this case, multiplexing between the terminals of different symbol units may be considered together.)and wherein the uplink physical laver channel is communicated during the transmission time interval in accordance with the first waveform type. ([0116] In more detail, in the structure illustrated in FIG. 3, when the terminal simultaneously transmits an uplink data channel (e.g., a physical uplink shared channel (PUSCH)) and an uplink control channel (e.g., a physical uplink control channel (PUCCH)), the terminal may transmit the uplink control channel in the SC-FDM scheme and the uplink data channel in the OFDM scheme.) Regarding claim 4. Kwak and Kim teach The apparatus of claim 1, Kwak teaches wherein the uplink physical layer channel comprises a physical uplink shared channel (PUSCH). ([0116] In more detail, in the structure illustrated in FIG. 3, when the terminal simultaneously transmits an uplink data channel (e.g., a physical uplink shared channel (PUSCH)) and an uplink control channel (e.g., a physical uplink control channel (PUCCH)), the terminal may transmit the uplink control channel in the SC-FDM scheme and the uplink data channel in the OFDM scheme.) Regarding claim 5. Kwak and Kim teach The apparatus of claim 1, Kwak teaches wherein first waveform type comprises an orthogonal frequency division multiplexing (OFDM) waveform and the second waveform type comprises a single carrier frequency division multiplexing (SC-FDM) waveform. ([0116] In more detail, in the structure illustrated in FIG. 3, when the terminal simultaneously transmits an uplink data channel (e.g., a physical uplink shared channel (PUSCH)) and an uplink control channel (e.g., a physical uplink control channel (PUCCH)), the terminal may transmit the uplink control channel in the SC-FDM scheme and the uplink data channel in the OFDM scheme.) Regarding claim 6-10. Kwak and Kim teach A method for wireless communications, comprising steps recited in claims 1-3 and 5, respectively. They are rejected for the same reasons. Regarding claim 11-15. Kwak and Kim teach An apparatus for wireless communications, comprising: means for determining (Fig. 12, UE 1220 with Processor and Memory ) means for selecting (Id.) means for identifying (Id.) and means for communicating (Fig. 2, transceiver 252 and 254) performing the steps recited in claim 1-5, respective Regarding claim 16-20. Kwak and Kim teach A non-transitory computer-readable medium storing code for wireless communications, the code comprising instructions executable by one or more processor (Fig. 12, 1221) to perform the steps recited in claim 1-5, respectively. They are rejected for the same reasons. Regarding claim 21, Kwak and Kim teach The apparatus of claim 1, but Kwak does not teach wherein the instructions are further operable, when executed by the one or more processors, to cause the apparatus to: set, in a transmission on the uplink physical layer channel, a bit indicative of the switch from the first waveform type to the second waveform type based at least in part on determining to switch from the first waveform type to the second waveform type. However, Kim teaches set, in a transmission on the uplink physical layer channel, a bit indicative of the switch from the first waveform type to the second waveform type based at least in part on determining to switch from the first waveform type to the second waveform type. ([0110] FIG. 10 illustrates an example of an aperiodic CSI-RS transmission scheme. In FIG. 10, the eNB transmits a CSI-RS in subframe indexes 3 and 4. The transmission pattern is composed of 10 subframes. Whether the CSI-RS is transmitted in each subframe may be designated by a bit indicator. See ‘162 page 17, paragraph starting with “Figure 2-E-5 illustrates …”) In order to improve communication quality by achieve more accurate channel measurement with CSI-RS orthogonality. Kwak and Kim are analogous art in the same field of endeavor of wireless communication. It would have been obvious before the effective filing date of the claimed invention to a person with ordinary skill in the art to modify the method in Kwak with the technique of CSI-RS multiplexing in Kim in order to improve communication quality by achieve more accurate channel measurement. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHAOHUI YANG whose telephone number is (571)270-7527. The examiner can normally be reached 9 AM to 5 PM M-F. 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, Marcus Smith can be reached on 571 270-1096. 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. /ZHAOHUI YANG/Examiner, Art Unit 2468 /MARCUS SMITH/Supervisory Patent Examiner, Art Unit 2468
Read full office action

Prosecution Timeline

May 23, 2022
Application Filed
May 09, 2024
Non-Final Rejection — §103
Aug 12, 2024
Response Filed
Nov 15, 2024
Final Rejection — §103
Jan 17, 2025
Response after Non-Final Action
Mar 20, 2025
Request for Continued Examination
Mar 29, 2025
Response after Non-Final Action
Apr 22, 2025
Non-Final Rejection — §103
Jul 14, 2025
Response Filed
Oct 24, 2025
Final Rejection — §103
Dec 26, 2025
Response after Non-Final Action
Feb 02, 2026
Request for Continued Examination
Feb 15, 2026
Response after Non-Final Action
Mar 28, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12550152
AVAILABLE SLOT DETERMINATION FOR APERIODIC SRS TRIGGERING BASED ON AN UNCONFIGURED DCI CODE POINT
2y 5m to grant Granted Feb 10, 2026
Patent 12543061
BEAM QUALITY ENHANCEMENT TECHNIQUES IN DISCONTINUOUS RECEPTION (DRX) MODE
2y 5m to grant Granted Feb 03, 2026
Patent 12538280
SPATIAL REUSE METHOD AND DEVICE
2y 5m to grant Granted Jan 27, 2026
Patent 12501288
SYSTEMS AND METHODS FOR SELECTING A MACHINE LEARNING MODEL THAT PREDICTS A SUBSCRIBER NETWORK EXPERIENCE IN A GEOGRAPHIC AREA
2y 5m to grant Granted Dec 16, 2025
Patent 12489505
IMPROVING PRECODING
2y 5m to grant Granted Dec 02, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

5-6
Expected OA Rounds
72%
Grant Probability
83%
With Interview (+11.1%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 391 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month