Prosecution Insights
Last updated: October 27, 2026
Application No. 18/261,367

Enhanced Aperiodic Sounding Reference Signal Configuration

Non-Final OA §102§103
Filed
Jul 13, 2023
Priority
Jan 18, 2021 — provisional 63/138,569 +1 more
Examiner
MILLER, BRANDON J
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
3 (Non-Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
962 granted / 1100 resolved
+25.5% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
18 currently pending
Career history
1125
Total Applications
across all art units

Statute-Specific Performance

§101
6.0%
-34.0% vs TC avg
§103
41.2%
+1.2% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
24.1%
-15.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1100 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status I. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment II. This action is in response to applicants amendment/arguments filed on April 9, 2026. This action is made FINAL. Claims 1, 14 and 29-52 are pending in the application, of which, claims 14 and 42-52 have been withdrawn from consideration. Response to Arguments III. Applicant's arguments filed April 9, 2026 have been fully considered but they are not persuasive. Regarding claims 1 and 29 applicant argues that Manolakos does not teach “receiving, from a network node, an indication of a particular one of a plurality of sounding reference signal, SRS, configurations for an antenna switching configuration, ASC” because the teaching in Manolakos is not analogous to transmitting SRS according to only one of the multiple SRS resource set configurations. The examiner disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “the UE transmitting SRS according to only one of the multiple SRS resource set configurations”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Manolakos teaches receiving, from a network node, an indication of a particular one of a plurality of sounding reference signal, SRS, configurations for an antenna switching configuration, ASC (see paragraphs [0063] – [0067] and claim 2). A base station, that configures the UE according to one or more antenna switching constraints, transmits to the UE a configuration message with multiple sounding reference signal (SRS) resource sets for antenna switching by the UE (see claim 1). The UE may be configured with one of a plurality of SRS resource sets (see paragraphs [0063] – [0067]). This reads on receiving, from a network node, an indication of a particular one of a plurality of sounding reference signal, SRS, configurations for an antenna switching configuration, ASC. Manolakos teaches transmitting, to the network node, at least one SRS based on the particular one of the plurality of SRS configurations for the ASC (see claim 1). Receiving one or more SRS, by the base station, transmitted by the UE according to the configuration of the multiple SRS resource sets for antenna switching. This reads on transmitting, to the network node, at least one SRS based on the particular one of the plurality of SRS configurations for the ASC. The “indication of a particular one” of the plurality of sounding reference signal, SRS, configurations” is interpreted as being included in the plurality of sounding reference signal, SRS, configurations. The transmitting of “at least one SRS” may be based on a particular one of the plurality. The claims do not recite the wireless device receiving only one SRS configuration of a plurality of sounding reference signal, SRS configurations and transmitting at least one SRS based on the only one SRS configuration received. Therefore, claims 1 and 29 remain rejected under 35 U.S.C. 102(a)(1) as being anticipated by Manolakos. Claims 30-36 are dependent on claim 29 and remain rejected under 35 U.S.C. 102(a)(1) as being anticipated by Manolakos for the reasons given above and below in Section IV. Claims 37-41 are dependent on claim 29 and remain rejected under 35 U.S.C. 103 as being unpatentable over by Manolakos in view of Shahmohammadian for the reasons given above and below in Section V. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. IV. Claims 1 and 29-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Manolakos (US 2019/0356445 A1). Regarding claim 1 Manolakos teaches a method by a wireless device comprising: receiving, from a network node, an indication of a particular one of a plurality of sounding reference signal, SRS, configurations for an antenna switching configuration, ASC (see paragraphs [0063] – [0067] and claim 2, A base station, that configures the UE according to one or more antenna switching constraints, transmits to the UE a configuration message with multiple sounding reference signal (SRS) resource sets for antenna switching by the UE (see claim 1). The UE may be configured with one of a plurality of SRS resource sets (see paragraphs [0063] – [0067]). This reads on receiving, from a network node, an indication of a particular one of a plurality of sounding reference signal, SRS, configurations for an antenna switching configuration, ASC); and transmitting, to the network node, at least one SRS based on the particular one of the plurality of SRS configurations for the ASC (see claim 1, Receiving one or more SRS, by the base station, transmitted by the UE according to the configuration of the multiple SRS resource sets for antenna switching. This reads on transmitting, to the network node, at least one SRS based on the particular one of the plurality of SRS configurations for the ASC). Regarding claim 29 Manolakos teaches a wireless device adapted to: receive, from a network node, an indication of a particular one of a plurality of sounding reference signal, SRS, configurations for an antenna switching configuration, ASC (see paragraphs [0063] – [0067] and claim 2, A base station, that configures the UE according to one or more antenna switching constraints, transmits to the UE a configuration message with multiple sounding reference signal (SRS) resource sets for antenna switching by the UE (see claim 1). The UE may be configured with one of a plurality of SRS resource sets (see paragraphs [0063] – [0067]). This reads on receiving, from a network node, an indication of a particular one of a plurality of sounding reference signal, SRS, configurations for an antenna switching configuration, ASC); and transmit, to the network node, at least one SRS based on the particular one of the plurality of SRS configurations for the ASC (see claim 1, Receiving one or more SRS, by the base station, transmitted by the UE according to the configuration of the multiple SRS resource sets for antenna switching. This reads on transmitting, to the network node, at least one SRS based on the particular one of the plurality of SRS configurations for the ASC). Regarding claim 30 Manolakos teaches wherein the wireless device is adapted to implement the plurality of SRS configurations for the ASC (see paragraphs [0063] & [0067] and claim 10, For a UE that supports transmit antenna switching, the UE may be configured with one or more antenna switching configurations. This reads on wherein the wireless device is adapted to implement the plurality of SRS configurations for the ASC). Regarding claim 31 Manolakos teaches wherein each of the plurality of SRS configurations has a different number of SRS sets (see paragraphs [0065] & [0067], The UE configured for (2T4R) and (1T4R) which each have a different number of SRS sets, for example, 2T4R which has an SRS resource set and 1T4R with two SRS resource sets. This reads on wherein each of the plurality of SRS configurations has a different number of SRS sets). Regarding claim 32 Manolakos teaches wherein each SRS set comprises at least one SRS resource (see paragraph [0064], The UE configured for 1T2R has at least one SRS resource and reads on wherein each SRS set comprises at least one SRS resource). Regarding claim 33 Manolakos teaches for the particular one of the plurality of SRS configurations of the ASC, a number of SRS sets is equal to a number of ASC switches (see paragraph [004], The UE configured for 1T2R, with SRS resource set for one switch reads on wherein, for the particular one of the plurality of SRS configurations of the ASC, a number of SRS sets is equal to a number of ASC switches). Regarding claim 34 Manolakos teaches the wireless device comprises ASC 1T4R and is configured with one or four aperiodic SRS resource sets, each of the one or four aperiodic SRS resource sets is transmitted in different slots, each SRS resource in the one or four aperiodic SRS resource set comprises a single SRS port, and the single SRS port of each resource is associated with a different UE antenna port (see paragraphs [0063] & [0067], The UE configured for 1T4R with SRS- ResourceSet set to aperiodic with a total of four SRS resources reads on wireless device comprises ASC 1T4R and is configured with one or four aperiodic SRS resource sets, each of the one or four aperiodic SRS resource sets is transmitted in different slots, each SRS resource in the one or four aperiodic SRS resource set comprises a single SRS port, and the single SRS port of each resource is associated with a different UE antenna port). Regarding claim 35 Manolakos teaches the wireless device comprises ASC 2T4R and is configured with two aperiodic SRS resource sets, each one of the two aperiodic SRS resource sets comprises a two-port SRS resource, each SRS resource comprises a unique pair of SRS ports, and each unique pair of SRS ports is associated with a different UE antenna port pair (see paragraphs [0063] & [0065] and claim 6, The IE configured for 2T4R SRS resource sets with two SRS ports where the SRS port pair of the second resource is associated with a different UE antenna port pair than the SRS port par of the first resource. This reads on configured with two aperiodic SRS resource sets, each one of the two aperiodic SRS resource sets comprises a two-port SRS resource, each SRS resource comprises a unique pair of SRS ports, and each unique pair of SRS ports is associated with a different UE antenna port pair). Regarding claim 36 Manolakos teaches the wireless device comprises ASC 1T2R and is configured with two aperiodic SRS resource sets, each one of the two aperiodic SRS resource sets comprises a one-port SRS resource, each SRS resource comprises a single SRS port, and each SRS port is associated with a different UE antenna port (see paragraphs [0063] – [0064] and claim 6, The IE configured for 1T2R having two SRS resources, wherein each SRS resource consisting of a single SRS port, wherein an SRS port of a second resource of the two SRS resources is associated with a different UE antenna port than another SRS port of a first resource of the two SRS resources. This reads on wireless device comprises ASC 1T2R and is configured with two aperiodic SRS resource sets, each one of the two aperiodic SRS resource sets comprises a one-port SRS resource, each SRS resource comprises a single SRS port, and each SRS port is associated with a different UE antenna port). 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. V. Claims 37-41 are rejected under 35 U.S.C. 103 as being unpatentable over by Manolakos (US 2019/0356445 A1) in view of Shahmohammadian et al. (US2022/0029861 A1, which includes U.S. Provisional application No. 63/056,926, filed on July 27, 2020). Regarding claim 37 Manolakos teaches the wireless device of claim 29 except for the wireless device comprises ASC 1T6R and is configured with a number of aperiodic SRS resource sets that is between one and six, six SRS resources are split between the number of aperiodic SRS resource sets, each of the six SRS resources is associated with a single SRS port. Shahmohammadian teaches the wireless device comprises ASC 1T6R and is configured with a number of aperiodic SRS resource sets that is between one and six, six SRS resources are split between the number of aperiodic SRS resource sets, each of the six SRS resources is associated with a single SRS port (see paragraphs [0067] & [0105] – [0108], The UE configured with antennaSwitching in the SRS Resource set including 1T6R for an aperiodic resource type with 6 SRS resources, each SRS resource in a given set includes a single SRS port. This reads on ASC 1T6R and is configured with a number of aperiodic SRS resource sets that is between one and six, six SRS resources are split between the number of aperiodic SRS resource sets, each of the six SRS resources is associated with a single SRS port). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the wireless device in Manolakos adapt to include ASC 1T6R and is configured with a number of aperiodic SRS resource sets that is between one and six, six SRS resources are split between the number of aperiodic SRS resource sets, each of the six SRS resources is associated with a single SRS port because it would provide further flexibility and coverage for SRS transmission (see Shahmohammadian, paragraphs [0002] & [0004]). Regarding claim 38 Shahmohammadian teaches the wireless device comprises ASC 2T6R and is configured with a number of aperiodic SRS resource sets that is between one and three, three SRS resources are split between the number of aperiodic SRS resource sets, each of the three SRS resources is associated with two SRS ports (see paragraphs [0067] & [0102] – [0104], The UE configured with antennaSwitching in the SRS Resource set including 2T6R for aperiodic resource type configuration, where each SRS resource set has three SRS resources transmitted in different symbols, each SRS resource in a given set includes two SRS ports. This reads on ASC 2T6R and is configured with a number of aperiodic SRS resource sets that is between one and three, three SRS resources are split between the number of aperiodic SRS resource sets, each of the three SRS resources is associated with two SRS ports). Regarding claim 39 Shahmohammadian teaches the wireless device comprises ASC 1T8R and is configured with a number of aperiodic SRS resource sets that is between two and eight, eight SRS resources are split between the number of aperiodic SRS resource sets, each of the eight SRS resources is associated with a single SRS port (see paragraphs [0067] & [0109] – [0113], The UE configured with antennaSwitching in the SRS Resource set including 1T8R for aperiodic resource type configuration, where a total of eight resources are utilized because there are eight possible switching cases (with 1 transmit and 8 receive antennas). With eight SRS resources transmitted in different symbols, each SRS resource in a given set including a single SRS port. This reads on ASC 1T8R and is configured with a number of aperiodic SRS resource sets that is between two and eight, eight SRS resources are split between the number of aperiodic SRS resource sets, each of the eight SRS resources is associated with a single SRS port). Regarding claim 40 Shahmohammadian teaches the wireless device comprises ASC 2T8R and is configured with a number of aperiodic SRS resource sets that is between one and four, four SRS resources are split between the number of aperiodic SRS resource sets, each of the four SRS resources is associated with a pair of SRS ports (see paragraphs [0067] & [0097] – [0101], The UE configured with antennaSwitching in the SRS Resource set including 2T8R where For an aperiodic resource type of 2T8R four SRS resources transmitted in different symbols, each SRS resource in a given set including two SRS ports. This reads on ASC 2T8R and is configured with a number of aperiodic SRS resource sets that is between one and four, four SRS resources are split between the number of aperiodic SRS resource sets, each of the four SRS resources is associated with a pair of SRS ports). Regarding claim 41 Shahmohammadian teaches the wireless device comprises ASC 4T8R and is configured with a number of aperiodic SRS resource sets that is between one and two aperiodic SRS resource sets, two SRS resources are split between the number of aperiodic SRS resource sets, each of the two SRS resources is associated with four SRS ports (see paragraphs [0067] & [0088] – [0090], The UE configured with antennaSwitching in the SRS Resource set including 4T8R where For an aperiodic resource type 4T8R up to two SRS resource sets are configured here each SRS resource set has two SRS resources transmitted in different symbols, each SRS resource in a given set includes four SRS ports). Conclusion VI. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Qin et al. Pub. No.: US 2021/0058209 A1 discloses communication method and communications apparatus including a communication method is provided, including: a network device sends first configuration information and second configuration information, where the first configuration information is used to indicate a terminal to send a sounding reference signal SRS on at least one first resource included in a first resource set, the first resource set is an SRS resource set used for antenna switching AS (see paragraphs [0033] & [0178] and Fig. 2. Zhang et al. Pub. No.: US 2020/0204316 A1 discloses enhanced sounding reference signal transmission including an enhanced sounding reference signal transmission via antenna switching or repetition. A method, in certain embodiments, may include receiving a signaling indication at a user equipment from a network entity. The signaling indication may indicate a configuration for sounding reference signal transmission via at least one of antenna switching or repetition using a resource group. The resource group may comprise a plurality of resources that are either adjacent or have a limited time interval between at least two of the plurality of resources within the resource group. The method may also include transmitting the sounding reference signal from the user equipment to the network entity via at least one of the antenna switching or the repetition using the resource group (see abstract). THIS ACTION IS MADE FINAL. 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 BRANDON J MILLER whose telephone number is (571)272-7869. The examiner can normally be reached 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, Alison Slater can be reached at 571-270-0375. 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. /BRANDON J MILLER/Primary Examiner, Art Unit 2647 May 15, 2026
Read full office action

Prosecution Timeline

Jul 13, 2023
Application Filed
Jan 09, 2026
Non-Final Rejection mailed — §102, §103
Apr 09, 2026
Response Filed
May 19, 2026
Final Rejection mailed — §102, §103
Jul 20, 2026
Response after Non-Final Action
Aug 20, 2026
Request for Continued Examination
Aug 21, 2026
Response after Non-Final Action
Oct 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+8.8%)
2y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1100 resolved cases by this examiner. Grant probability derived from career allowance rate.

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