Office Action Predictor
Last updated: April 15, 2026
Application No. 18/185,256

MITIGATING THE IMPACTS OF NARROWBAND SPUR FIELD OF THE DISCLOSURE

Non-Final OA §103
Filed
Mar 16, 2023
Examiner
ELPENORD, CANDAL
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
3 (Non-Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
971 granted / 1082 resolved
+31.7% vs TC avg
Moderate +15% lift
Without
With
+14.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
1109
Total Applications
across all art units

Statute-Specific Performance

§101
5.3%
-34.7% vs TC avg
§103
48.5%
+8.5% vs TC avg
§102
25.0%
-15.0% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1082 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 19, 2025 has been entered. Response to Amendment Claims 1-12, 14-16, 18, 19-29, 31-32 have been amended. Claim 13 has been cancelled. Response to Arguments Applicant's arguments filed on December 19, 2025 have been fully considered but they are not persuasive. The Applicant’s arguments have been considered. A new ground of rejection has been made to address the amended claim limitations. The Examiner respectfully submits that new ground of rejection discloses and renders the applicant claim invention obvious. Claim Rejections - 35 USC § 103 6. 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. 7. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 8 Claims 1-4, 8-9, 10-11, 18-20, 23-24, 25-26, 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over NAM et al (US 2022/0070891 A1, IDS) in view of Vitthaladevuni et al (US 2018/0027527 A1). Regarding claim 1 (Currently Amended), NAM et al (US 2022/0070891 A1) discloses a method of wireless communication performed by a scheduled entity (see, the UE as the scheduled entity which is scheduled by the scheduling entity (e.g., gNB or base station or nodeB or eNodeB, section 0038-0041), the method comprising: transmitting an indication (fig. 11, UE as the scheduled entity which reports DC subcarrier location information where the subcarrier location may identity one or more one subcarriers, section 0144-0146, noted: the UE may recommend constituents of the reduced set of CC/BWP combinations for reporting DC subcarrier locations, section 0107-0108) of at least some frequency resources of available frequency resources that are impacted by at least one spur (noted: the UE may recommend constituents of the reduced set of CC/BWP combinations for reporting DC subcarrier locations based on a request, section 0107-0108, 0124, 0031-see, reference signal due to interference with tones within the resources and disregard or filtering the tone affected by the DC) from those of other frequency resources (see, activated first combination of BWPs and CCs in a list comprising s subset of combinations of BWPs and CCs configured for the UE, section 0143-0147) in a smallest frequency domain scheduling unit comprising the frequency resources for the scheduled entity (see, subcarrier index of the DC subcarrier which the UE may avoid using with the scheduling entity due to possible leakage interference from the local oscillator (direct current subcarrier), section 0093-0095); receiving (see, the UE receives a message to a UE to activate first combination of BWPs and CCs in a list including s subset of combination of BWPs and CS configured for the UE via RRC message or MAC CE, section 0123-0124, 0125-0128) from a scheduling entity (fig. 8, scheduling entity 800 in the gNB or base station which schedules or allocate resources, including resources allocation or scheduled of different combinations of bandwidth parts (BWPs) and/or component carriers (CCs), section 0038-0041, 0112-0116, 0188-0120+), signaling indicating at least one characteristic of how a channel (see, DC subcarrier location to identify one more direct current subcarrier based on DC location information, section 0128-0129) is to be scheduled on the available frequency resources (0031-see, reference signal due to interference with tones within the resources and disregard or filtering the tone affected by the DC, see, the scheduling entity may determine one or more combinations of BWPs and CCs based on the UE capability (DC location), section 0031, 0128-0130) ; and communicating with the scheduling entity in accordance [[with the at least one characteristic]] (see, the scheduling entity may receive direct current (DC) subcarrier location information for first combination of BWPs and CCs from the UE, the DC subcarrier location reporting circuitry with means to identify one or more direct current subcarrier based on the direct current subcarrier location information, section 0128-0130); NAM ‘891 discloses all the claim limitations but fails to explicitly disclose: the at least one characteristic comprising at least one of: a modulation order based on the indication of the at least some frequency resources impacted by the at least one spur; a coding scheme based on the indication of the at least some frequency resources impacted by the at least one spur; a coding rate based on the indication of the at least some frequency resources impacted by the at least one spur; or a modulation and coding scheme (MCS) based on the indication of the at least some frequency resources impacted by the at least one spur; and communicating with the scheduling entity in accordance with the at least one characteristic. However, Vitthaladevuni et al (US 2018/0027527 A1) from a similar of endeavor (see, the UE can be either the scheduling entity or the scheduled entity, receiving of MCS information from the scheduled entity, section 0012-0013, 0046-0047) discloses: the at least one characteristic (see, multiple sub-band CQI values associated with MCS index, section 0081-0082) comprising at least one of: a modulation order based on the indication of the at least some frequency resources impacted by the at least one spur; a coding scheme based on the indication of the at least some frequency resources impacted by the at least one spur; a coding rate based on the indication of the at least some frequency resources impacted by the at least one spur; or a modulation and coding scheme (MCS) based on the indication of the at least some frequency resources impacted by the at least one spur (see, the scheduled entity may estimate the downlink channel by measuring the downlink channel quality (e.g., SINR) over the bandwidth and provides it to the scheduling entity, the scheduling circuitry my schedule time-resources within one or more sub-bands of a sub-frame for the scheduled entities, the CQI/CSI affects the selection of the MCS, 0063, , 0081-0083, noted: it is clear that SINR affects the resource blocks to drive the MCS index); and communicating with the scheduling entity in accordance with the at least one characteristic (fig. 6, communications/ between the base station (i.e., scheduling entity) and n the UE (i.e., scheduled entity) in relation to sub-bands associated with MCS index, section 0074, 0081-0084, 0091-0092). In view of the above, it 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 to modify the method and apparatus in which a UE transmits direct current subcarrier location information relating to interference based on a combination of BWPs and CCs of NAM ‘891 with the scheduling of resource elements within sub-bands based on CQI values associated with MCSI index as taught by Vitthaladevuni ‘527. The motivation would have been to provide assignment of resources based on the received MCS received from the scheduled entity. Regarding claim 2 (Currently Amended), NAM ‘891 discloses the method of claim 1, wherein: the smallest frequency domain scheduling unit is a resource block (RB) and the frequency resources are indicated at a subcarrier or other sub-RB level of granularity (see, subcarrier index of the DC subcarrier which the UE may avoid using with the scheduling entity due to possible leakage interference from the local oscillator (direct current subcarrier), section 0093-0095); and the indication of the at least some frequency resources impacted by the at least one spur comprises (see, the UE reports the operating point or frequency of the local oscillator after BWP activation commend, section 0101) of frequency resources per a bandwidth part (BWP), a component carrier (CC) (fig. 8, scheduling entity 800 in the gNB or base station which schedules or allocate resources, including resources allocation or scheduled of different combinations of bandwidth parts (BWPs) and/or component carriers (CCs), section 0038-0041, 0112-0116, 0188-0120+), a band or a transmission direction between the scheduled entity and the scheduling entity (see, communication between the UE (scheduled entity) and the gNB or base station (scheduling entity) as shown in fig. 1, section 0033, 0038-0040+, 0126-0128). Regarding claim 3 (Currently Amended), NAM ‘891 discloses the method of claim 1, wherein the indication of the at least some frequency resources that are impacted by the at least one spur is transmitted: during an initial access operation to a base station, wherein the base station is the scheduling entity (see, the scheduling entity of the base station or gNB, section .0126-0128); as part of a capability report of the scheduled entity (see, the base station can determine the list of CC/BWP combinations for which the UE is to report DC subcarrier location based on the UE’s capability report, section 0109, 0124, 0130); periodically; or when triggered by an event. Regarding claim 4 (Currently Amended), NAM ‘891 discloses the method of claim 3, wherein the event is: receiving a request from the scheduling entity to identify frequency resources impacted by the spur (see, resource block (i.e., resource element) of the center frequency, section 0093) comprising the frequency resources (see, the base station may request to provide the reduced set of CC/BWP combinations of the UE to report direct current (DC) subcarriers locations, section 0108, 0124); detecting, by the scheduled entity, the spur (see, interference affecting the tones within resources, the receiver/UE may apply direct current filtering rejection filtering or puncturing to disregard the tone affected by the DC, section 0031); a change in an operating frequency for communication between the scheduling entity and scheduled entity (see, reconfiguration request message relating to list or reduced set of CC/BWP combinations, section 108, 0124, 0128-0130); and the at least one of: addition or removal of a cell in carrier aggregation or dual connectivity; or a change in communication direction between the scheduling entity and scheduled entity. Regarding claim 8 (Currently Amended), NAM ‘891 as modified by Vitthaladevuni ‘527 discloses the method of claim 1, wherein the at least some of the frequency resources that are impacted by the at least one spur (noted: the pus is being treated as interference/CQI/SNR or SNR) comprise a plurality of subsets of the frequency resources and each of the plurality of subsets uses the at least one characteristic (Vitthaladevuni ‘527, the scheduling entity schedules resources to be used by the scheduled entities/UEs, the scheduling entity updates the assigned resource elements for future transmission based on CQI and RI values section 0046, 0066-0067). Regarding claim 9 (Currently Amended), NAM ‘891 as modified by Vitthaladevuni ‘527 discloses the method of claim 8, wherein the signaling indicating one characteristic of how the channel is to be scheduled on the available frequency resources (see, based on interference affecting the tones within the resources, the a transmitter may avoid transmitting a reference signal using frequency resources that overlap with the DC carrier location of the receiver, section 0031, 0093) indicates the plurality of subsets of the frequency resources and corresponding scheduling options (Vitthaladevuni ‘527, the scheduling entity schedules resources to be used by the scheduled entities/UEs, the scheduling entity updates the assigned resource elements for future transmission based on CQI and RI values section 0046, 0066-0067). Regarding claim 10 (Currently Amended), NAM ‘891 discloses the method of claim 1, wherein the signaling indicating at least one characteristic of how the channel is to be scheduled on the available frequency resources indicates time resources (noted: the resource grid which represents time-frequency resources, section 0060) in which the at least one characteristic is to be used (see, based on interference affecting the tones within the resources, the a transmitter may avoid transmitting a reference signal using frequency resources that overlap with the DC carrier location of the receiver, section 0031, 0093). Regarding claim 11 (Currently Amended), NAM ‘891 discloses the method of claim 10, wherein the at least one characteristic comprises a scheduling option that at least a subset of frequency resources of the available frequency resources are not used for communication (see, based on interference affecting the tones within the resources, the a transmitter may avoid transmitting a reference signal using frequency resources that overlap with the DC carrier location of the receiver, section 0031, 0093) and the time resources are a subset of slots in a scheduling assignment (noted: resource grid represent time-frequency resources, section 0060, 0077, lie 1-4-different slots of the frequency bandwidth, section 0093-0094). Regarding claim 18 (Currently Amended), NAM ‘891 discloses a method of wireless communication performed (fig. 8, base station as the scheduling entity, the scheduling entity 800 includes a processor 804 coupled to a memory 805, transceiver 810, section 0112-0124, the scheduling entity transmits a message to a UE to activates first combination of BWPs and CCs in list of subset of BWPs and CCs, and configures the UE to report direct current subcarrier location, section 0112-0124) by a scheduling entity (fig. 1, fig. 8, the scheduling entity as base station or gNB, section 0038-0041, 0112), the method comprising: receiving (fig. 11, UE as the scheduled entity which reports DC subcarrier location information where the subcarrier location may identity one or more one subcarriers, section 0144-0146, noted: the UE may recommend constituents of the reduced set of CC/BWP combinations for reporting DC subcarrier locations, section 0107-0108) , from a scheduled entity (fig. 1, fig. 8, the UE as the scheduled entity which receives resource assignment or allocation of resources, section 0119-0120), an indication of the at least some frequency resources of the available frequency resources (see, subcarrier index/resource block of the DC subcarrier which the UE may avoid using with the scheduling entity due to possible leakage interference from the local oscillator (direct current subcarrier), section 0093-0095) impacted by at least one spur (noted: the UE may recommend constituents of the reduced set of CC/BWP combinations for reporting DC subcarrier locations based on a request, section 0107-0108, 0124, 0031-see, reference signal due to interference with tones within the resources and disregard or filtering the tone affected by the DC, noted: the spur is treated as interference (i.e., SNR SINR CIR, CQI CSI/bad channel conditions); determining, based on the indication (see, the base station may request the UE to provide a reduced set of CC/BWPs based on reported DC subcarrier location, section 108-0109), at least one characteristic of how a channel is to be scheduled on the available frequency resources (see, the base station/gNB transmit RRC Reconfiguration message to the UE after each CC or BWO activation, section 0101); transmitting, to the scheduled entity, signaling indicating the at least one characteristic (see, the base station/gNB transmit RRC Reconfiguration message to the UE after each CC or BWO activation, section 0101, 0128-0129); and communicating with the scheduling entity in accordance [[with the at least one characteristic]] (section 0128-0129,0132-0133, the scheduling entity/gNB in response to the RRC reconfiguration message, receives RRC reconfiguration complete message relating to the DC subcarrier location list, noted: direct current (DC) subcarrier location affecting the tones within the frequency resources, section 0031, 0093). NAM ‘891 discloses all the claim limitations but fails to explicitly disclose: the at least one characteristic comprising at least one of: a modulation order based on the indication of the at least some frequency resources impacted by the at least one spur; a coding scheme based on the indication of the at least some frequency resources impacted by the at least one spur; a coding rate based on the indication of the at least some frequency resources impacted by the at least one spur; or a modulation and coding scheme (MCS) based on the indication of the at least some frequency resources impacted by the at least one spur; transmitting, to the scheduled entity, signaling indicating the at least one characteristic; and communicating with the scheduling entity in accordance with the at least one characteristic. However, Vitthaladevuni et al (US 2018/0027527 A1) from a similar of endeavor section 0012-0013, 0046-0047) discloses: the at least one characteristic comprising at least one of: a modulation order based on the indication of the at least some frequency resources impacted by the at least one spur; a coding scheme based on the indication of the at least some frequency resources impacted by the at least one spur; a coding rate based on the indication of the at least some frequency resources impacted by the at least one spur; or a modulation and coding scheme (MCS) based on the indication of the at least some frequency resources impacted by the at least one spur (see, the scheduled entity may estimate the downlink channel by measuring the downlink channel quality (e.g., SINR) over the bandwidth and provides it to the scheduling entity, the scheduling circuitry my schedule time-resources within one or more sub-bands of a sub-frame for the scheduled entities, the CQI/CSI affects the selection of the MCS, 0063, , 0081-0083); and transmitting, to the scheduled entity, signaling indicating the at least one characteristic (Noted: the UE or the base station can ither the scheduling entity or the scheduled entity, section 0012-0013, 0046-0047, see, CSI/CQI associated with the MCS index that is received from the scheduled entity section 0012, 0063); and communicating with the scheduling entity in accordance with the at least one characteristic (fig. 6, communications/ between the base station (i.e., scheduling entity) and n the UE (i.e., scheduled entity) in relation to sub-bands associated with MCS index, section 0074, 0081-0084, 0091-0092). In view of the above, it 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 to modify the method and apparatus in which a UE transmits direct current subcarrier location information relating to interference based on a combination of BWPs and CCs of NAM ‘891 with the scheduling of resource elements within sub-bands based on CQI values associated with MCSI index as taught by Vitthaladevuni ‘527. The motivation would have been to provide assignment of resources based on the received MCS received from the scheduled entity. Regarding claim 19 (Currently Amended), NAM ‘891 discloses the method of claim 18, wherein the indication is transmitted in a smallest frequency domain scheduling unit, the smallest frequency domain scheduling unit is a resource block (RB) (fig. 5, see, resource block grid within a carrier bandwidth, resource element, section 0015, 0060-0061), and the available frequency resources are indicated at a subcarrier or other sub-RB level of granularity (see, subcarrier index of the DC subcarrier which the UE may avoid using with the scheduling entity due to possible leakage interference from the local oscillator (direct current subcarrier), resource block that may be unused, section 0093-0095). Regarding claim 20 (Currently Amended), NAM ‘891 discloses the method of claim 19, wherein the indication of at least some frequency resources of available frequency resources impacted by the at least one spur: comprises an indication (see, the UE reports the operating point or frequency of the local oscillator after BWP activation commend, section 0101) of frequency resources per a bandwidth part (BWP), a component carrier (CC) (fig. 8, scheduling entity 800 in the gNB or base station which schedules or allocate resources, including resources allocation or scheduled of different combinations of bandwidth parts (BWPs) and/or component carriers (CCs), section 0038-0041, 0112-0116, 0188-0120+), a band or a transmission direction between the scheduled entity and the scheduling entity (see, communication between the UE (scheduled entity) and the gNB or base station (scheduling entity) as shown in fig. 1, section 0033, 0038-0040+, 0126-0128). Regarding claim 23 (Currently Amended), it is rejected under the same rationale as claim 8 above because the claim substantially comprise the same limitations. Regarding claim 24 (Currently Amended), it is rejected under the same rationale as claim 9 above because the claim substantially comprise the same limitations. Regarding claim 25 (Currently Amended), NAM ‘891 discloses the method of claim 18, wherein the signaling indicating at least one characteristic of how the channel is to be scheduled on the available frequency resources indicates time resources (noted: the resource grid which represents time-frequency resources, section 0060) in which the at least one characteristic is to be used (see, based on interference affecting the tones within the resources, the a transmitter may avoid transmitting a reference signal using frequency resources that overlap with the DC carrier location of the receiver, section 0031, 0093). Regarding claim 26 (Currently Amended), NAM ‘891 discloses the method of claim 25, wherein the at least one characteristic comprises a scheduling option that at least a subset of frequency resources of the available frequency resources (see, based on interference affecting the tones within the resources, the a transmitter may avoid transmitting a reference signal using frequency resources that overlap with the DC carrier location of the receiver, section 0031, 0093) are not used for communication (see, to avoid possible leakage interference, the frequency of a resource block is unused, section 0093) and the time resources are a subset of slots in a scheduling assignment (noted: resource grid represent time-frequency resources, section 0060, 0077, lie 1-4-diferent slots of the frequency bandwidth, section 0093-0094). Regarding claim 31 (Currently Amended), NAM ‘891 discloses an apparatus (fig. 1, UE as the scheduled entity 106, fig. 11, UE which comprises a memory 1105 coupled to processor 1104 and coupled to transceiver 1110, section 0136-0142), for wireless communication by a scheduled entity (fig. 1, UE as the scheduled entity 106, see, the UE as the scheduled entity which is scheduled by the scheduling entity (e.g., gNB or base station or nodeB or eNodeB, section 0038-0041), the apparatus (fig. 11, UE which comprises a memory 1105 coupled to processor 1104 and coupled to transceiver 1110) comprising: a memory (fig. 11, UE which comprises a memory 1105 coupled to processor 1104 and coupled to transceiver 1110, the memory stores scheduling information, section 0136-0142); and at least one processor (fig. 11, processor 1104 which includes RF tuning circuitry and DC subcarrier location reporting circuitry 1144, section 0136-0142) operatively coupled to the memory ( fig. 11, UE which comprises a memory 1105 coupled to processor 1104 and coupled to transceiver 1110), the memory and the one or more processors (fig. 11, UE which comprises a memory 1105 coupled to processor 1104 and coupled to transceiver 1110, section 0038-0043, 0136)configured to cause the scheduled entity to: transmit an indication (fig. 11, UE as the scheduled entity which reports DC subcarrier location information where the subcarrier location may identity one or more one subcarriers, section 0144-0146, noted: the UE may recommend constituents of the reduced set of CC/BWP combinations for reporting DC subcarrier locations, section 0107-0108) of at least some frequency resources of available frequency resources impacted by the at least one spur (noted: the UE may recommend constituents of the reduced set of CC/BWP combinations for reporting DC subcarrier locations based on a request, section 0107-0108, 0124, 0031-see, reference signal due to interference with tones within the resources and disregard or filtering the tone affected by the DC, see, subcarrier index of the DC subcarrier which the UE may avoid using with the scheduling entity due to possible leakage interference from the local oscillator (direct current subcarrier), section 0093-0095); receive (see, the UE receives a message to a UE to activate first combination of BWPs and CCs in a list including s subset of combination of BWPs and component carriers (CCs) configured for the UE via RRC message or MAC CE, section 0123-0124, 0125-0128) from a scheduling entity (fig. 8, scheduling entity 800 in the gNB or base station which schedules or allocate resources, including resources allocation or scheduled of different combinations of bandwidth parts (BWPs) and/or component carriers (CCs), section 0038-0041, 0112-0116, 0188-0120+), signaling indicating at least one characteristic of how a channel (see, DC subcarrier location to identify one more direct current subcarrier based on DC location information, section 0128-0129) is to be scheduled on the available frequency resources (0031-see, reference signal due to interference with tones within the resources and disregard or filtering the tone affected by the DC, see, the scheduling entity may determine one or more combinations of BWPs and CCs based on the UE capability (DC location), section 0031, 0128-0130); and communicate with the scheduling entity in accordance [[with the at least one characteristic]] (see, the scheduling entity may receive direct current (DC) subcarrier location information for first combination of BWPs and CCs from the UE, the DC subcarrier location reporting circuitry with means to identify one or more direct current subcarrier based on the direct current subcarrier location information, section 0128-0130). NAM fails to disclose:, the at least one characteristic comprising at least one of: a modulation order based on the indication of the at least some frequency resources impacted by the at least one spur; a coding scheme based on the indication of the at least some frequency resources impacted by the at least one spur; a coding rate based on the indication of the at least some frequency resources impacted by the at least one spur; or a modulation and coding scheme (MCS) based on the indication of the at least some frequency resources impacted by the at least one spur; and communicate with the scheduling entity in accordance with the at least one characteristic. However, Vitthaladevuni et al (US 2018/0027527 A1) from a similar of endeavor (see, the UE can be either the scheduling entity or the scheduled entity, receiving of MCS information from the scheduled entity, section 0012-0013, 0046-0047) discloses: the at least one characteristic (see, multiple sub-band CQI values associated with MCS index, section 0081-0082) comprising at least one of: a modulation order based on the indication of the at least some frequency resources impacted by the at least one spur; a coding scheme based on the indication of the at least some frequency resources impacted by the at least one spur; a coding rate based on the indication of the at least some frequency resources impacted by the at least one spur; or a modulation and coding scheme (MCS) based on the indication of the at least some frequency resources impacted by the at least one spur (see, the scheduled entity may estimate the downlink channel by measuring the downlink channel quality (e.g., SINR) over the bandwidth and provides it to the scheduling entity, the scheduling circuitry my schedule time-resources within one or more sub-bands of a sub-frame for the scheduled entities, the CQI/CSI affects the selection of the MCS, 0063, , 0081-0083, noted: it is clear that SINR affects the resource blocks to drive the MCS index); and communicate with the scheduling entity in accordance with the at least one characteristic (fig. 6, communications/ between the base station (i.e., scheduling entity) and n the UE (i.e., scheduled entity) in relation to sub-bands associated with MCS index, section 0074, 0081-0084, 0091-0092). In view of the above, it 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 to modify the method and apparatus in which a UE transmits direct current subcarrier location information relating to interference based on a combination of BWPs and CCs of NAM ‘891 with the scheduling of resource elements within sub-bands based on CQI values associated with MCSI index as taught by Vitthaladevuni ‘527. The motivation would have been to provide assignment of resources based on the received MCS received from the scheduled entity. Regarding claim 32 (Currently Amended), NAM ‘891 discloses an apparatus for wireless communication (fig. 8, base station as the scheduling entity, the scheduling entity 800 includes a processor 804 coupled to a memory 805, transceiver 810, section 0112-0124, the scheduling entity transmits a message to a UE to activates first combination of BWPs and CCs in list of subset of BWPs and CCs, and configures the UE to report direct current subcarrier location, section 0112-0124) by a scheduling entity (fig. 1, fig. 8, the scheduling entity as base station or gNB, section 0038-0041, 0112), the apparatus (fig. 8, base station as the scheduling entity, the scheduling entity 800 includes a processor 804 coupled to a memory 805, transceiver 810, section 0112-0124) comprising: a memory fig. 8, base station as the scheduling entity, the scheduling entity 800 includes a processor 804 coupled to a memory 805, transceiver 810, section 0112-0124); and at least one processor operatively coupled to the memory (fig. 8, base station as the scheduling entity, the scheduling entity 800 includes a processor 804 coupled to a memory 805, transceiver 810, section 0112-0124), the memory and the one or more processors configured to cause the scheduling entity to: receive (fig. 11, UE as the scheduled entity which reports DC subcarrier location information where the subcarrier location may identity one or more one subcarriers, section 0144-0146, noted: the UE may recommend constituents of the reduced set of CC/BWP combinations for reporting DC subcarrier locations, section 0107-0108) , from a scheduled entity (fig. 1, fig. 8, the UE as the scheduled entity which receives resource assignment or allocation of resources, section 0119-0120), an indication of at least some resources (noted: the UE may recommend constituents of the reduced set of CC/BWP combinations for reporting DC subcarrier locations based on a request, section 0107-0108, 0124, 0031-see, reference signal due to interference with tones within the resources and disregard or filtering the tone affected by the DC) of available frequency resources impacted by the at least one spur (see, subcarrier index/resource block of the DC subcarrier which the UE may avoid using with the scheduling entity due to possible leakage interference from the local oscillator (direct current subcarrier), section 0093-0095); determine, based on the indication (see, the base station may request the UE to provide a reduced set of CC/BWPs based on reported DC subcarrier location, section 108-0109), at least one characteristic of how a channel is to be scheduled on the available frequency resources (see, the base station/gNB transmit RRC Reconfiguration message to the UE after each CC or BWO activation, section 0101); transmit, to the scheduled entity, signaling indicating the at least one characteristic (see, the base station/gNB transmit RRC Reconfiguration message to the UE after each CC or BWO activation, section 0101, 0128-0129); and communicate with the scheduling entity in accordance [[with the at least one characteristic[[ (section 0128-0129,0132-0133, the scheduling entity/gNB in response to the RRC reconfiguration message, receives RRC reconfiguration complete message relating to the DC subcarrier location list). NAM ‘891 fails to explicitly disclose: the at least one characteristic comprising at least one of: a modulation order based on the indication of the at least some frequency resources impacted by the at least one spur; a coding scheme based on the indication of the at least some frequency resources impacted by the at least one spur; a coding rate based on the indication of the at least some frequency resources impacted by the at least one spur; or a modulation and coding scheme (MCS) based on the indication of the at least some frequency resources impacted by the at least one spur; transmit, to the scheduled entity, signaling indicating the at least one characteristic; and communicate with the scheduling entity in accordance with the at least one characteristic. However, Vitthaladevuni et al (US 2018/0027527 A1) from a similar of endeavor (see, the UE can be either the scheduling entity or the scheduled entity, receiving of MCS information from the scheduled entity, section 0012-0013, 0046-0047) discloses: the at least one characteristic (see, multiple sub-band CQI values associated with MCS index, section 0081-0082) comprising at least one of: a modulation order based on the indication of the at least some frequency resources impacted by the at least one spur; a coding scheme based on the indication of the at least some frequency resources impacted by the at least one spur; a coding rate based on the indication of the at least some frequency resources impacted by the at least one spur; or a modulation and coding scheme (MCS) based on the indication of the at least some frequency resources impacted by the at least one spur (see, the scheduled entity may estimate the downlink channel by measuring the downlink channel quality (e.g., SINR) over the bandwidth and provides it to the scheduling entity, the scheduling circuitry my schedule time-resources within one or more sub-bands of a sub-frame for the scheduled entities, the CQI/CSI affects the selection of the MCS, 0063, , 0081-0083); transmit, to the scheduled scheduling entity, signal indicating the at least one characteristic (Noted: the UE or the base station can ither the scheduling entity or the scheduled entity, section 0012-0013, 0046-0047, see, CSI/CQI associated with the MCS index that is received from the scheduled entity section 0012, 0063, 0081-0082), and communicate with the scheduling entity in accordance with the at least one characteristic (fig. 6, communications/ between the base station (i.e., scheduling entity) and n the UE (i.e., scheduled entity) in relation to sub-bands associated with MCS index, section 0074, 0081-0084, 0091-0092). In view of the above, it 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 to modify the method and apparatus in which a UE transmits direct current subcarrier location information relating to interference based on a combination of BWPs and CCs of NAM ‘891 with the scheduling of resource elements within sub-bands based on CQI values associated with MCSI index as taught by Vitthaladevuni ‘527. The motivation would have been to provide assignment of resources based on the received MCS received from the scheduled entity. 9. Claims 5, 12, 14-15, 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over NAM et al (US 2022/0070891 A1, IDS) in view Vitthaladevuni et al (US 2018/0027527 A1) as applied to claims 1, 18 above, and further of TAHERZADEH et al (US 2022/0217736 A1). The combination of NAM ‘891 and Vitthaladevuni ‘527 discloses the method of claim 1, further comprising: receiving a scheduling assignment for resources including the frequency resources (see, rejection above) but fails to explicitly disclose: Regarding claim 5 (Currently Amended), the method of claim 1, further comprising: receiving a scheduling assignment for a set of resources, the set of frequency resources comprising at least some frequency resources that are impacted by the at least spur including the frequency resources, wherein the scheduling assignment indicates at least one of a nominal modulation order, nominal coding scheme, coding rate, or nominal modulation and coding scheme (MCS); and communicating on the frequency resources impacted by the spur using at least one of second modulation order, a second coding scheme, a second coding rate, or a second MCS that are, respectively, different from the nominal modulation order, the nominal coding scheme, the nominal coding rate, or the nominal MCS based on the at least one characteristic of how the channel is to be scheduled on the frequency resources impacted by the spur. Regarding claim 12 (Currently Amended), the method of claim 1, wherein the signaling indicating at least one characteristic of how the channel is to be scheduled on the available frequency resources comprises radio resource control (RRC) signaling defining one or more rules relating the modulation order, the coding scheme, coding rate, modulation and coding scheme (MCS) or a decision not to use specific frequency resources for at least a subset of the available frequency resources to a nominal modulation order, coding scheme, coding rate or MCS of a scheduling assignment. Regarding claim 14 (Currently Amended), the method of claim 1 [[13]], further comprising transmitting assistance information or a capability report indicating a spur cancelation capability or request of the scheduled entity. Regarding claim 15 (Currently Amended), the method of claim 14, wherein the spur cancellation capability or request comprises a mapping between a scheduling assignment and at least one of modulation orders, the coding scheme, coding rate, the MCS. Regarding claim 27, the method of claim 18, wherein the signaling indicating at least one characteristic of how a channel is to be scheduled on the frequency resources comprises: radio resource control (RRC) signaling defining one or more rules relating a modulation order, coding scheme, coding rate, modulation and coding scheme (MCS) or decision not to use frequency resources for frequency resources of the frequency resources to a nominal modulation order, coding scheme, coding rate or MCS of a scheduling assignment; downlink control information (DCI) of a scheduling grant. Regarding claim 28, the method of claim 18, further comprising receiving assistance information indicating a spur cancellation capability of the scheduled entity, wherein the determining at least one characteristic of how the channel is to be scheduled on the frequency resources is based on the spur cancellation capability. However, TAHERZADEH ‘736 from a similar field of endeavor (see, the WTRU/U cancels the scheduled transmission on a subset of frequency resources, and skipping transmission in the resource occupied, 0005,0021-0023, 0098) discloses: Regarding claim 5 (Currently Amended) the method of claim 1, further comprising: receiving a scheduling assignment for resources including the frequency resources, wherein the scheduling at least some frequency resources (section 0156, 0168-0169, the WTRU may cancel ongoing transmission relating to resources that are indicated by configured grant PDCCH) that are impacted by the at least spur (see, due to interference, the WTRU may boos it power or transmitting with a lower MCS, section 0156), wherein the assignment indicates at least one of a nominal modulation order, nominal coding scheme, nominal coding rate, or nominal modulation and coding scheme (MCS) (see, due to interference, the WTRU may boos it power or transmitting with a lower MCS, section 0156); and communicating on the frequency resources impacted by the spur using at least one of second modulation order, a second coding scheme, second coding rate, or second MCS , that are respectively, different from the nominal modulation order, the nominal coding scheme, coding rate, or the nominal MCS based on the at least one characteristic (see, MCS table used in relation characteristic of the transmission or MCS based on transmission state, section 0246, 0293, 0153) of how the channel is to be scheduled on the frequency resources impacted by one spur (section 0156, 0168-0169, the WTRU may cancel ongoing transmission relating to resources that are indicated by configured grant PDCCH). In view of the above, it 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 to modify the combined method and apparatus in which a UE transmits direct current subcarrier location information relating to interference based on a combination of BWPs and CCs of NAM ‘891 and Vitthaladevuni ‘527 with the skipping or cancellation of resources method and apparatus as taught by TAHERZADEH ‘736. The motivation would have been to provide cancellation of scheduled transmission based on priority relating to cancellation indication. Regarding claim 12 (Currently Amended), the method of claim 1, wherein the signaling indicating at least one characteristic of how the channel is to be scheduled on the available frequency resources comprises radio resource control (RRC) signaling defining one or more rules (see, priority levels via RRC signaling associated with cancellation indication, section 0189, 0190-0192) relating the modulation order, the coding scheme, the coding rate, the modulation and coding scheme (MCS) (see, difference MCS in relation uplink cancellation, the URLLC WTRU is prioritized over eMBB WTRU, section 0246, noted: URLLC-high priority over low eMBB with respect to resource allocation/scheduling, section 0282, 0293) or decision not to use specific frequency resources for at least a subset of the available frequency resources to a nominal modulation order, coding scheme, coding rate or MCS of a scheduling assignment (see, MCCS table used for scheduling of transmission or resource allocation, section 0293). In view of the above, it 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 to modify the combined method and apparatus in which a UE transmits direct current subcarrier location information relating to interference based on a combination of BWPs and CCs of NAM ‘891 and Vitthaladevuni ‘527 with the skipping or cancellation of resources method and apparatus as taught by TAHERZADEH ‘736. The motivation would have been to provide cancellation of scheduled transmission based on priority relating to cancellation indication. Regarding claim 14 (Currently Amended), the method of claim 1, further comprising transmitting assistance information or a capability report indicating a spur cancelation capability (see, cancellation request or cancellation indication may be sent by the egNB and received by URLLC WTRU, section 0249, noted: the URLLC WTRU assisted cancellation due to interference, section 0131, 0156) or request of the scheduled entity. Regarding claim 15 (Currently Amended), the method of claim 14, wherein the spur cancellation capability or request (see, cancellation request or cancellation indication may be sent by the egNB and received by URLLC WTRU, section 0249, noted: the URLLC WTRU assisted cancellation due to interference, section 0131, 0156) comprises a mapping (see, scheduling information configured by a MCS table, section 0282) between a scheduling assignment and at least one of modulation order, the coding scheme, the coding rate, or the MCS (see, MCCS table used for scheduling of transmission or resource allocation, section 0293, noted: mapped cancelled resources and mapping table between component carriers in relation to cancellation indication, section 0179, 0260-0261). In view of the above, it 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 to modify the combined method and apparatus in which a UE transmits direct current subcarrier location information relating to interference based on a combination of BWPs and CCs of NAM ‘891 and Vitthaladevuni ‘527 with the skipping or cancellation of resources method and apparatus as taught by TAHERZADEH ‘736. The motivation would have been to provide cancellation of scheduled transmission based on priority relating to cancellation indication. Regarding claim 27, it is rejected under the same rationale as claim 5 above because the claim substantially comprises the same limitations. Regarding claim 28, it is rejected under the same rationale as claim 15 above because the claim substantially comprises the same limitations. Allowable Subject Matter 9. Claims 6, 21-22, 29-30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CANDAL ELPENORD whose telephone number is (571)270-3123. The examiner can normally be reached 9 am -6 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, Kwang B Yao can be reached at 571 272-3182. 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. /CANDAL ELPENORD/Primary Examiner, Art Unit 2473
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Prosecution Timeline

Mar 16, 2023
Application Filed
May 17, 2025
Non-Final Rejection — §103
Aug 21, 2025
Response Filed
Oct 24, 2025
Final Rejection — §103
Dec 19, 2025
Request for Continued Examination
Jan 15, 2026
Response after Non-Final Action
Feb 10, 2026
Examiner Interview (Telephonic)
Feb 20, 2026
Non-Final Rejection — §103
Mar 19, 2026
Response Filed

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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
90%
Grant Probability
99%
With Interview (+14.7%)
2y 6m
Median Time to Grant
High
PTA Risk
Based on 1082 resolved cases by this examiner. Grant probability derived from career allow rate.

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