Prosecution Insights
Last updated: April 19, 2026
Application No. 17/849,060

ENABLING MULTI-CLUSTER TRANSMISSIONS

Final Rejection §103
Filed
Jun 24, 2022
Examiner
THOMAS, WILFRED
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
6 (Final)
77%
Grant Probability
Favorable
7-8
OA Rounds
3y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
212 granted / 275 resolved
+19.1% vs TC avg
Strong +30% interview lift
Without
With
+29.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
41 currently pending
Career history
316
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
66.8%
+26.8% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
7.8%
-32.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 275 resolved cases

Office Action

§103
DETAILED ACTION This communication is in response to applicant’s response filed under 37 C.F.R. §1.111 in response to a non-final office action. Claims 2, 33, and 34 have been amended; Claims 1, 3, 5, 6, 8-14, and 17-32 have been canceled; Claim 35 have been added. Claims 2, 4, 7,15, 16, and 33-35 are subject to examination. Acknowledgement is made to the Applicant’s amendment to claim 33 to obviate the previous Claim Objections to claim 33. The previous Claim Objections to claim33 is hereby withdrawn. Response to Arguments Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection. 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. Claims 2, 33, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Iwai et. al. (Iwai hereafter) (US 20110299496 A1) in view of Lee et al. (Lee hereafter) (US 20160198508 A1) and in further view of Zhu et al. (Zhu hereafter) (US 20120243496 A1). Regarding claim 2 Iwai teaches, an apparatus for wireless communication at a first user equipment (UE), comprising: one or more processors (Iwai; Fig. 4); one or more memories coupled with the one or more processors (Iwai; Fig. 4); and instructions stored in the one or more memories and executable by the one or more processors to cause the apparatus to (Iwai; Fig. 4): receive an indication of a configuration for a bandwidth from a base station ([0047]relationship between the number of clusters and the frequency assignment unit that are applied to a terminal), the bandwidth being divided into a plurality of clusters ([0069]system bandwidth is expressed N.sub.RB [RB], the number of clusters), each cluster comprising a number of resource blocks ([0069] the number of clusters is expressed as N.sub.Cluster, and a frequency assignment unit is expressed as P [RB]) (Iwai; [0047] Frequency assigning parameter setting section 112 maintains information about the relationship between the number of clusters and the frequency assignment unit that are applied to a terminal to which frequency is assigned… maintains a table showing correspondence of a plurality of numbers of clusters and frequency assignment units corresponding to each number of clusters. [0069] where a system bandwidth is expressed N.sub.RB [RB], the number of clusters is expressed as N.sub.Cluster, and a frequency assignment unit is expressed as P [RB].) selectable for data message, each cluster being not adjacent in frequency to another cluster ([0005] Non-contiguous frequency transmission is a method of transmitting a data signal and a reference signal by assigning such signals to non-contiguous frequency bands, which are dispersed in a wide range of band); and Iwai fails to explicitly teach, transmit, to a second UE, a multi-cluster transmission via two or more clusters of the plurality of clusters based at least in part on the indication of the configuration, However, in the same field of endeavor Lee teaches, transmit, to a second UE (The relayUE (rUE)…transmitted to the UE), a multi-cluster transmission via two or more clusters of the plurality of clusters (multi-cluster transmission both cluster 1 and cluster 2 may be used for transmission) based at least in part on the indication of the configuration (allocation are performed by the eNB) (Lee; [0092-0094] allocation are performed by the eNB …The relayUE (rUE) may receive an allocated resource before D2D communication with the UE, and corresponding information needs to be transmitted to the UE …[0094] Signaling by the UE may be similar to a case in which resource allocation is performed by the eNB… through a control channel such as a PUCCH, or by being piggybacked on a PUSCH …[0098] Multi-cluster transmission refers to transmission of a maximum of two non-adjacent RB clusters [0101] a separate transmission mode (WAN-D2D Tx) may be newly defined for a case in which multi-cluster transmission may be performed. Therefore, multi-cluster transmission both cluster 1 and cluster 2 may be used for transmission by the rUE in an SF distinguished by WAN-D2D Tx). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Iwai to include the above recited limitations as taught by Lee in order to support efficient resource allocation for device-to-device (D2D) communication (Lee; [0005]). Iwai-Lee fails to explicitly teach, wherein the multi-cluster transmission comprises a control message and a data message However, in the same field of endeavor Zhu teaches, wherein the multi-cluster transmission (indicating allocation of resource for two clusters) comprises a scheduling assignment (each uplink scheduling grant) and a data message (occupied by the PUSCH) (Zhu; [0031] … wherein each uplink scheduling grant signaling indicates an allocation of resource for one or two clusters occupied by the PUSCH; [0035] the base station configuring two uplink scheduling grant signaling indicating allocation of resource for two clusters respectively, [0046].). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Iwai-Lee to include the above recited limitations as taught by Zhu in order to ensure reliability of transmission (Zhu; [0104]). Regarding claim 34 Iwai teaches, A method for wireless communication performed at a first user equipment (UE), comprising: receiving an indication of a configuration for a bandwidth from a base station ([0047]relationship between the number of clusters and the frequency assignment unit that are applied to a terminal), the bandwidth being divided into a plurality of clusters ([0069]system bandwidth is expressed N.sub.RB [RB], the number of clusters), each cluster comprising a number of resource blocks ([0069] the number of clusters is expressed as N.sub.Cluster, and a frequency assignment unit is expressed as P [RB]) (Iwai; [0047] Frequency assigning parameter setting section 112 maintains information about the relationship between the number of clusters and the frequency assignment unit that are applied to a terminal to which frequency is assigned… maintains a table showing correspondence of a plurality of numbers of clusters and frequency assignment units corresponding to each number of clusters. [0069] where a system bandwidth is expressed N.sub.RB [RB], the number of clusters is expressed as N.sub.Cluster, and a frequency assignment unit is expressed as P [RB].) selectable for data message, each cluster being not adjacent in frequency to another cluster ([0005] Non-contiguous frequency transmission is a method of transmitting a data signal and a reference signal by assigning such signals to non-contiguous frequency bands, which are dispersed in a wide range of band); and Iwai fails to explicitly teach, transmitting, to a second UE, a multi-cluster transmission via two or more clusters of the plurality of clusters based at least in part on the indication of the configuration, However, in the same field of endeavor Lee teaches, transmit, to a second UE (The relayUE (rUE)…transmitted to the UE), a multi-cluster transmission via two or more clusters of the plurality of clusters (multi-cluster transmission both cluster 1 and cluster 2 may be used for transmission) based at least in part on the indication of the configuration (allocation are performed by the eNB) (Lee; [0092-0094] allocation are performed by the eNB …The relayUE (rUE) may receive an allocated resource before D2D communication with the UE, and corresponding information needs to be transmitted to the UE …[0094] Signaling by the UE may be similar to a case in which resource allocation is performed by the eNB… through a control channel such as a PUCCH, or by being piggybacked on a PUSCH …[0098] Multi-cluster transmission refers to transmission of a maximum of two non-adjacent RB clusters [0101] a separate transmission mode (WAN-D2D Tx) may be newly defined for a case in which multi-cluster transmission may be performed. Therefore, multi-cluster transmission both cluster 1 and cluster 2 may be used for transmission by the rUE in an SF distinguished by WAN-D2D Tx). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Iwai to include the above recited limitations as taught by Lee in order to support efficient resource allocation for device-to-device (D2D) communication (Lee; [0005]). Iwai-Lee fails to explicitly teach, wherein the multi-cluster transmission comprises a control message and a data message Zhu teaches, wherein the multi-cluster transmission (indicating allocation of resource for two clusters) comprises a scheduling assignment (each uplink scheduling grant) and a data message (occupied by the PUSCH) (Zhu; [0031] … wherein each uplink scheduling grant signaling indicates an allocation of resource for one or two clusters occupied by the PUSCH; [0035] the base station configuring two uplink scheduling grant signaling indicating allocation of resource for two clusters respectively, [0046], [0053].). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Iwai-Lee to include the above recited limitations as taught by Zhu in order to ensure reliability of transmission (Zhu; [0104]). Regarding claim 33 Iwai-Lee-Zhu teaches, the claims 2, Zhu further teaches, the SA message and the data message share a cluster (Zhu; [0104] when allocating resource for the PUSCH by using a non-consecutive resource allocation mode, the base station configures at least one uplink scheduling grant signaling according to the number of the clusters occupied by the PUSCH, wherein each uplink scheduling grant signaling indicates allocation of resource for one or two clusters occupied by the PUSCH; and sends to the scheduled user equipment). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Iwai-Lee-Zhu to include the above recited limitations as taught by Zhu in order to ensure reliability of transmission (Zhu; [0104]). Claims 4, 7, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Iwai-Lee-Zhu as applied to claim 2 above, and further in view of Lei et al. (Lei hereafter) (US 20180359777 A1). Regarding claim 4 Iwai-Lee-Zhu teaches, The apparatus of claim 2, Iwai-Lee-Zhu fails to explicitly teach, wherein, to receive the indication of the configuration, the instructions are executable by the one or more processors to cause the apparatus to: receive radio resource control (RRC) signaling that indicates the configuration for the bandwidth However, in the same field of endeavor Lei teaches, wherein, to receive the indication of the configuration, the instructions are executable by the one or more processors to cause the apparatus to: receive radio resource control (RRC) signaling that indicates the configuration for the bandwidth (Lei; [0169] The concrete number of PRBs for SA and its associated data in one TRU may be derived from the available bandwidth for V2X, may be configured by RRC signaling). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Iwai-Lee-Zhu to include the above recited limitations as taught by Lei in order to avoid collision (Lei; [0164]). Regarding claim 7 Iwai-Lee-Zhu teaches, The apparatus of claim 2, Iwai-Lee-Zhu fails to explicitly teach, wherein a first cluster and a second cluster of the clusters are adjacent in frequency However, in the same field of endeavor Lei teaches, wherein: a first cluster and a second cluster of the clusters are adjacent in frequency (Lei; [0165] The TRUs 402, 416, 424 are transmitted in one subframe 404 and are contiguous in the frequency domain the second and third frequency resources 408, 410 may be contiguous in frequency). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Iwai-Lee-Zhu to include the above recited limitations as taught by Lei in order to avoid collision (Lei; [0164]). Regarding claim 15 Iwai-Lee-Zhu teaches, The apparatus of claim 2, Iwai-Lee-Zhu fails to explicitly teach, wherein, to receive the indication of the configuration, the instructions are executable by the one or more processors to cause the apparatus to: receive, from a network entity associated with a cellular communication network, dedicated signaling or a system information block (SIB) that indicates the configuration for the bandwidth However, in the same field of endeavor Lei teaches, wherein, to receive the indication of the configuration, the instructions are executable by the one or more processors to cause the apparatus to: receive, from a network entity associated with a cellular communication network, dedicated signaling (lei; [0151] the wireless communication system 100 is compliant with the LTE. [0172] The predetermined threshold may be defined in a specification, preconfigured in the remote unit 102, or configured by RRC signaling. Moreover, the concrete bandwidth of the detection bandwidth in each TRU 402, 416, 424 may be configured by RRC signaling). It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Iwai-Lee-Zhu to include the above recited limitations as taught by Lei in order to avoid collision (Lei; [0164]). {Office’s Note: Because of the alternative claim language such as “either...or”, only one of the alternative limitations has been analyzed by the examiner} Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Iwai-Lee-Zhu as applied to claim 2 above, and further in view of Xiong et al. (Xiong hereafter) (US20180063820 A1). Regarding claim 16 Iwai-Lee-Zhu teaches, The apparatus of claim 2, Iwai-Lee-Zhu fails to explicitly teach, wherein the instructions are further executable by the one or more processors to cause the apparatus to: select a number of clusters to use for the multi-cluster transmission. However, in the same field of endeavor Xiong teaches, wherein the instructions are further executable by the one or more processors to cause the apparatus to: select a number of clusters to use for the multi-cluster transmission (Xiong; [0063] In 3GPP LTE release 10, multi-cluster transmissions of up to two clusters on a single component carrier have been adopted for uplink transmissions) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Iwai-Lee-Zhu to include the above recited limitations as taught by Xiong in order to improve frequency-selective scheduling gain (Xiong; [0063]). Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Iwai-Lee-Zhu as applied to claim 2 above, and further in view of Noh et al. (Noh hereafter) (US 20130121278 A1). Regarding claim 35 Iwai-Lee-Zhu teaches, the claim 2, Iwai-Lee-Zhu fails to explicitly teach, the plurality of clusters having equal number of RBs. However, in the same field of endeavor Noh teaches, the plurality of clusters having equal number of RBs. ([0125] In case of FIG. 13, two distributed clusters are allocated to uplink resources. Hereinafter, a cluster is defined as one aggregated part when the uplink resources are allocated in a distributed manner. In FIG. 13, N.sub.RB.sup.UL=50 when an uplink system bandwidth is 10 MHz. It is assumed that one RBG includes 4 RBs. A 1.sup.st cluster can be selected as a part of an RBG 1 to an RBG 10 in that order. A 2.sup.nd cluster can be selected as a part of the RBG 1 to the RBG 10 in the reverse order. The 1.sup.st cluster and the 2.sup.nd cluster do not overlap with each other.) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Iwai-Lee-Zhu to include the above recited limitations as taught by Noh in order to allocate distributed uplink resource (Noh; [0104]). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILFRED THOMAS whose telephone number is (571)270-0353. The examiner can normally be reached Mon -Thurs 9:00 am-4:00 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, Noel R Beharry can be reached at 571-270-5630. 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. /W. T/Examiner, Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
Read full office action

Prosecution Timeline

Jun 24, 2022
Application Filed
Nov 30, 2023
Non-Final Rejection — §103
Feb 16, 2024
Response Filed
Apr 05, 2024
Final Rejection — §103
May 28, 2024
Response after Non-Final Action
Jun 28, 2024
Response after Non-Final Action
Jun 28, 2024
Examiner Interview (Telephonic)
Jul 09, 2024
Request for Continued Examination
Jul 18, 2024
Response after Non-Final Action
Oct 21, 2024
Non-Final Rejection — §103
Jan 23, 2025
Response Filed
Mar 20, 2025
Final Rejection — §103
May 29, 2025
Request for Continued Examination
Jun 01, 2025
Response after Non-Final Action
Aug 20, 2025
Non-Final Rejection — §103
Nov 25, 2025
Response Filed
Feb 05, 2026
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

7-8
Expected OA Rounds
77%
Grant Probability
99%
With Interview (+29.9%)
3y 4m
Median Time to Grant
High
PTA Risk
Based on 275 resolved cases by this examiner. Grant probability derived from career allow rate.

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