Prosecution Insights
Last updated: July 05, 2026
Application No. 18/317,015

UPLINK COMMUNICATIONS BASED ON RADIO AND FLOW CHARACTERISTICS

Non-Final OA §103
Filed
May 12, 2023
Examiner
REYES ORTIZ, HECTOR E
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
3 (Non-Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
250 granted / 304 resolved
+24.2% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
26 currently pending
Career history
342
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
90.9%
+50.9% vs TC avg
§102
2.2%
-37.8% vs TC avg
§112
4.1%
-35.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 304 resolved cases

Office Action

§103
Detailed Action The office action is in response to the communications filed on 01/16/2026. Claims Status Claims 12, 15-16, and 19-20 have been cancelled. Claims 21-22 have been newly added. Claims 1-11, 13-14, 17-18, and 21-22 are pending. Allowable Subject Matter Claims 1-11, 13-14, 17-18, and 21 are allowed. Prior Art Made of Record The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Patil et al. (Publication No. US 20160112984), the prior art discloses that one or more contention window parameters may be adjusted such that acknowledgments, such as trigger messages, are given higher priority than a data transmission. Response to Arguments Regarding claim 22, Applicant remarks, filed on 01/16/2026, indicate that the cited portion of the prior art, individually or in combination, fails to discloses the features in the new claim 22, which includes subject matter of independent claim 1 and dependent claim 15. Examiner agrees, based on the remarks, that the new claim 22 overcome the prior art rejection. However, a new ground of rejection necessitated by the new claim is set forth below Claim Rejections - 35 USC § 103 The following is a quotation of AIA 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under AIA 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. Claim 22 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Greenberg et al. (Publication No. US 2012/0155468, hereinafter referred as Greenberg) in view of Manja Ppallan et al. (Publication No. US 2022/0369151, hereinafter referred as Manja) and further in view of Vajapeyam et al. (Publication No. US 2017/0048857, hereinafter referred as Vajapeyam). Regarding claim 22, Greenberg discloses at least one transceiver (It is inherent that a wireless node includes at least one transceiver in order to perform the operations recited in the claim.); at least one memory comprising instructions (It is inherent that the wireless node includes a memory in order to perform the operations recited in the claim.); and one or more processors configured to execute the instructions to cause the wireless node to (It is inherent that the apparatus includes one or more processors configured to execute the instructions and cause the apparatus to perform the operations recited in the claim.): receive, via the at least one transceiver and a first link, a first signal comprising one or more packets (A sender computing device transmits a traffic flow [first signal] over multiple communications links to a recipient computing device; see figure 5 numeral 506.); transmit, via the at least one transceiver if the channel quality degrades, a second signal (The sender computing device receive an indication [second signal] from the recipient computing device [apparatus]; see figure 5 numeral 508 & ¶ 0053.) based on communication parameters associated with a channel quality (The indication is received because the data packets in the traffic flow were received outside of the particular sequence [channel quality]; see figure 5 numeral 508.). Greenberg fails to disclose that the channel quality comprises radio metric and a flow metric, and the channel quality degradation comprises the quantity of the one or more packets are less than an expected quantity. However, in analogous art, Manja discloses that detecting a fluctuation in the quality of the channel, wherein the quality of the channel comprises the signal quality parameters [radio metric] and the wireless channel events [flow metric]; see figure 4 numeral 402. When the quality of the channel does not meet [below] the lower channel quality threshold, send duplicate acknowledgments [second signal]; see figure 4 numeral 406a & ¶ 0080. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Greenberg acknowledgement mechanism with the threshold technique of Manja in order to be capable to cope with variations in wireless channel quality, which affects a user experience; see ¶ 0004. Greenberg fails to disclose receiving, via the at least one transceiver, a grant that is configured to provide the wireless node with multiple sets of resources; and wherein the second signal is transmitted via a first set of resources of multiple sets of resources based on the first set of resources having a higher reliability relative to other sets of the multiple sets of resources which have a lower reliability relative to the first set of resources. However, in analogous art, Vajapeyam discloses that the base station transmits, to the UE, one or more uplink grants, wherein the uplink grant include one or more uplink resources in the dedicated radio frequency spectrum band and/or one or more uplink grants for resources in the shared radio frequency spectrum band, wherein the transmissions in the dedicated radio frequency spectrum band may be associated with a higher priority than the transmissions in the shared radio frequency spectrum band; and wherein the UE map data associated with retransmission (e.g. ACK) [second signal]; see figure 4 step 425 & ¶¶ 0085-0087. The uplink data priority identifier may be used to identify a priority parameter associated with data to be transmitted on an uplink carrier, wherein the priority parameter includes that the data comprises a TCP ACK; see ¶ 0093. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Greenberg acknowledgement mechanism with the grant mechanism of Vajapeyam in order to avoid the intermittent availability of carriers in a shared radio frequency spectrum band by transmitting the higher priority data over a carrier in a dedicated radio frequency spectrum band; see ¶ 0008. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HECTOR REYES whose telephone number is (571)270-0239. The examiner can normally be reached M-F 6-5. 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, Kevin Bates can be reached on (571) 272-3980. 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. /H.R/Examiner, Art Unit 2472 /KEVIN T BATES/Supervisory Patent Examiner, Art Unit 2472
Read full office action

Prosecution Timeline

Show 2 earlier events
Sep 09, 2025
Response Filed
Oct 01, 2025
Final Rejection mailed — §103
Nov 13, 2025
Applicant Interview (Telephonic)
Nov 13, 2025
Examiner Interview Summary
Dec 01, 2025
Response after Non-Final Action
Jan 16, 2026
Request for Continued Examination
Jan 28, 2026
Response after Non-Final Action
Mar 27, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12672028
Uplink Data Splitting Method, Terminal Device, and Chip System
3y 5m to grant Granted Jun 30, 2026
Patent 12641461
SHARING MEASUREMENT GAPS FOR MULTIPLE FUNCTIONS
3y 6m to grant Granted May 26, 2026
Patent 12641466
EFFICIENT FULL-DUPLEX CHANNEL STATE INFORMATION REPORTING
2y 4m to grant Granted May 26, 2026
Patent 12598478
METHODS AND SYSTEMS FOR COVERAGE AREA DEFICIENCY VISUALIZATIONS
3y 7m to grant Granted Apr 07, 2026
Patent 12593227
DEADLINE-BASED DELIVERY FOR DOWNLINK TRAFFIC WITH JITTER
4y 5m to grant Granted Mar 31, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
94%
With Interview (+11.5%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 304 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

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

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

Free tier: 3 strategy analyses per month