Prosecution Insights
Last updated: April 19, 2026
Application No. 18/336,783

INDICATING RESOURCE USAGE

Non-Final OA §103
Filed
Jun 16, 2023
Examiner
ONAMUTI, GBEMILEKE J
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
86%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
689 granted / 801 resolved
+28.0% vs TC avg
Minimal -0% lift
Without
With
+-0.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
8 currently pending
Career history
809
Total Applications
across all art units

Statute-Specific Performance

§101
8.1%
-31.9% vs TC avg
§103
53.9%
+13.9% vs TC avg
§102
12.9%
-27.1% vs TC avg
§112
6.6%
-33.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 801 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 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. Claim Rejections - 35 USC § 103 2. 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. 3. Claims 1-3, 8 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Publication No.: US 2021/0392702 A1 to Han, Lifeng (Han), in view of Publication No.: US 2021/0218495 A1 to Bi et al (Bi). As to Claim 1, Han discloses an apparatus for communication, comprising: a processing system (Fig. 10, ‘a first receiving module 36’) configured to: obtain a first message, the first message indicating an allocation of at least one shared resource for at least one transmission by any of a plurality of user equipment (UEs) (Fig. 11, the method in the embodiment may be applied to a two-step random access scenario under the CBRA mechanism. The method in the embodiment may be executed by a network side, for example, executed by a base station on the network side. In an embodiment, referring to Fig. 11, the method for performing a random access process includes S201 and S202. In s201, a first message is received. In S202, a first resource is used to send a second message to complete the random access process, where the first resource is used by a single UE or shared by multiple UEs in contention’, ¶s 0115-0118). Han does not expressly disclose output a second message for transmission to at least one user equipment (UE) of the plurality of UEs, the second message indicating whether the apparatus will use a first resource of the at least one shared resource. However, Bi discloses output a second message for transmission to at least one user equipment (UE) of the plurality of UEs, the second message indicating whether the apparatus will use a first resource of the at least one shared resource (‘the terminal device receives second indication information sent by the network device, where the second indication information is used to indicate, to the terminal device, a first PRACH resource corresponding to the first random access mode; and initiates a random access process on the first PRACH resource, where the first PRACH resource is used only by the terminal device. Alternatively, the terminal device selects a second PRACH resource from a first group of PRACH resources, and initiates a random access process on the second PRACH resource, where the first group of PRACH resources are shared PRACH resources, and the first group of PRACH resources include at least one second PRACH resource’, ¶ 0022). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘output a second message for transmission to at least one user equipment (UE) of the plurality of UEs, the second message indicating whether the apparatus will use a first resource of the at least one shared resource’ as disclosed by Bi into Han so as to effectively improve success rate of sending uplink signal in wireless communication system, Bi ¶ 0006. As to Claim 2, Han further discloses obtain a third message, the third message indicating a resource, wherein the second message is output for transmission based on the resource (‘in an embodiment, before using the first resource to send the second message, the device 4 for performing a random access process further includes: a second sending module 42, adapted to send a third message, where the third message includes a first indication information and an uplink authorization information, and the first indication information is determined according to the first message’, ¶ 0153). As to Claim 3, Han further discloses wherein the processing system is further configured to: output the second message for transmission via a configured measurement resource (‘in an embodiment, the UE may monitor the PDCCH scrambled with the preset TU-RNTI to obtain the first resource, and use the first resource to receive the second message’, ¶ 0084). As to Claim 8, Han further discloses wherein the processing system is further configured to: output the second message for transmission via a downlink channel, via a sidelink channel, or via on-off keying signaling (‘further, while performing s2, the second message including the UE Contention Resolution ID may be sent through a PDCCH scrambled with the preset TU-RNTI, and the second message not including the UE Contention Resolution ID may be sent through a PDCCH scrambled with a preset RA-RNTI’, ¶ 0166). As to Claim 11, Han does not expressly disclose wherein the first message comprises a configured grant or a dynamic grant. However, Bi discloses wherein the first message comprises a configured grant or a dynamic grant (‘for still another example, the first indication information is 1-bit information, 0 indicates that the target transmission mode is the grant-free retransmission mode, and 1 indicates that the target transmission mode is the EDT mode or the first random access mode. When the first indication information is 1, the terminal device randomly falls back to the first random access mode or the EDT mode’, ¶ 0101). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘wherein the first message comprises a configured grant or a dynamic grant’ as disclosed by Bi into Han so as to effectively improve success rate of sending uplink signal in wireless communication system, Bi ¶ 0006. As to Claim 12, Han further discloses wherein the processing system is further configured to: output a third message for transmission to a network entity, the third message indicating whether the apparatus will use the first resource of the at least one shared resource (‘in an embodiment, before using the first resource to send the second message, the device 4 for performing a random access process further includes: a second sending module 42, adapted to send a third message, where the third message includes a first indication information and an uplink authorization information, and the first indication information is determined according to the first message’, ¶ 0153). As to Claim 13, Han does not expressly disclose a transceiver configured to receive the first message and transmit the second message, wherein the apparatus is configured as a UE. However, Bi discloses a transceiver configured to receive the first message and transmit the second message, wherein the apparatus is configured as a UE (‘the transceiver module 32 is further configured to receive first information sent by the network device, where the first information is used to indicate a preamble, and the preamble includes at least one of the following information: a time-frequency resource used to send the preamble, a preamble sequence, a number of the preamble sequence, a random access sequence, or a number of the random access sequence’, ¶ 0219). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘a transceiver configured to receive the first message and transmit the second message, wherein the apparatus is configured as a UE’ as disclosed by Bi into Han so as to effectively improve success rate of sending uplink signal in wireless communication system, Bi ¶ 0006. 4. Claims 5-7, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Han, in view of Bi and further in view of Publication No.: US 2025/0097939 A1 to Tan et al (Tan). As to Claim 5, Han in view of Bi do not expressly disclose wherein the processing system is further configured to: output the second message for transmission via backscatter signaling. However, Tan discloses wherein the processing system is further configured to: output the second message for transmission via backscatter signaling (‘in this embodiment of this application, a configuration of the first information, to be specific, specific configurations such as content included in the first information, a data format, the number of associated BSC device backscatter signals, a mapping method to the physical channels, and PUSCH/PUCCH resources’, ¶ 0100). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘wherein the processing system is further configured to: output the second message for transmission via backscatter signaling’ as disclosed by Tan into Han in view of Bi so as to effectively process backscatter signal in wireless communication system, Tan ¶ 0007. As to Claim 6, Han in view of Bi do not expressly disclose wherein the processing system is further configured to at least one of: output the second message for transmission via backscatter signaling according to a reference signal schedule; or obtain the reference signal schedule. However, Tan discloses wherein the processing system is further configured to at least one of: output the second message for transmission via backscatter signaling according to a reference signal schedule; or obtain the reference signal schedule (‘S1: The terminal decodes a received backscatter signal of a BSC device. For example, the terminal may receive backscatter signals of N BSC devices, and decode and check integrity of a backscatter signal 1, a backscatter signal 2, . . . , and a backscatter signal N that are received to obtain BSC device information 1, BSC device information 2, . . . , and BSC device information N respectively’, ¶ 0124). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘wherein the processing system is further configured to at least one of: output the second message for transmission via backscatter signaling according to a reference signal schedule; or obtain the reference signal schedule’ as disclosed by Tan into Han in view of Bi so as to effectively process backscatter signal in wireless communication system, Tan ¶ 0007. As to Claim 7, Han in view of Bi do not expressly disclose output the second message for transmission via an uplink channel. However, Tan discloses output the second message for transmission via an uplink channel (‘the terminal re-generates one of an application layer data frame, a network layer data frame, a data link layer data frame, or a physical layer data frame based on integrated event information and a determined configuration, and then uses a PUSCH/PUCCH to carry the data frame to send the data frame to the base station’, ¶ 0144). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘wherein the processing system is further configured to: output the second message for transmission via an uplink channel’ as disclosed by Tan into Han in view of Bi so as to effectively process backscatter signal in wireless communication system, Tan ¶ 0007. As to Claim 9, Han in view of Bi do not expressly disclose wherein: the at least one shared resource comprises a plurality of physical uplink shared channel (PUSCH) occasions; and the first resource comprises at least one PUSCH occasion of the plurality of PUSCH occasions.. However, Tan discloses wherein: the at least one shared resource comprises a plurality of physical uplink shared channel (PUSCH) occasions; and the first resource comprises at least one PUSCH occasion of the plurality of PUSCH occasions (‘in this embodiment of this application, when the terminal reports the first information, the first information may be carried in a physical uplink shared channel (Physical Uplink Shared Channel, PUSCH) and/or a physical uplink control channel (Physical Uplink Control Channel, PUCCH), so that the first information is reported through the PUSCH and/or the PUCCH, ¶ 0089). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘wherein: the at least one shared resource comprises a plurality of physical uplink shared channel (PUSCH) occasions; and the first resource comprises at least one PUSCH occasion of the plurality of PUSCH occasions’ as disclosed by Tan into Han in view of Bi so as to effectively process backscatter signal in wireless communication system, Tan ¶ 0007. As to Claim 10, Han in view of Bi do not expressly disclose wherein: the at least one shared resource comprises a plurality of physical uplink shared channel (PUSCH) occasions; and the first resource comprises at least one PUSCH occasion of the plurality of PUSCH occasions.. However, Tan discloses wherein: the at least one shared resource comprises a plurality of physical uplink shared channel (PUSCH) occasions; and the first resource comprises at least one PUSCH occasion of the plurality of PUSCH occasions (‘in this embodiment of this application, when the terminal reports the first information, the first information may be carried in a physical uplink shared channel (Physical Uplink Shared Channel, PUSCH) and/or a physical uplink control channel (Physical Uplink Control Channel, PUCCH), so that the first information is reported through the PUSCH and/or the PUCCH, ¶ 0089). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘wherein the first resource comprises a subset of a first PUSCH occasion of the plurality of PUSCH occasions’ as disclosed by Tan into Han in view of Bi so as to effectively process backscatter signal in wireless communication system, Tan ¶ 0007. 5. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Han, in view of Bi and further in view of Publication No.: US 2024/0259847 A1 to Maldonado et al. (Maldonado). As to Claim 4, Han in view of Bi do not expressly disclose output the second message for transmission via a cross-link interference (CLI) measurement resource. However, Maldonado discloses output the second message for transmission via a cross-link interference (CLI) measurement resource (‘in some example embodiments, the method may also include receiving from the network element, an UL grant including scheduling information for the CLI report. In other example embodiments, the measurement report may be transmitted on at least one of a physical uplink control channel resource, or a physical uplink shared channel resource (i.e., according to the UL grant)’, ¶ 0054). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘output the second message for transmission via a cross-link interference (CLI) measurement resource’ as disclosed by Maldonado into Han in view of Bi so as to effectively perform cross-link interference measurement in wireless communication system, Maldonado ¶ 0003. 6. Claims 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Publication No.: US 2021/0392702 A1 to Han, Lifeng (Han), in view of Publication No.: US 2021/0250872 A1 to Takeda et al. (Takeda). As to Claim 27, Han discloses an apparatus for communication, comprising: a processing system (Fig. 10, ‘a first receiving module 36’) configured to: output a first message for transmission to a plurality of user equipment (UEs), the first message indicating an allocation of at least one shared resource for at least one transmission by any of the plurality of UEs, the plurality of UEs including a first user equipment (UE) (Fig. 11, the method in the embodiment may be applied to a two-step random access scenario under the CBRA mechanism. The method in the embodiment may be executed by a network side, for example, executed by a base station on the network side. In an embodiment, referring to Fig. 11, the method for performing a random access process includes S201 and S202. In s201, a first message is received. In S202, a first resource is used to send a second message to complete the random access process, where the first resource is used by a single UE or shared by multiple UEs in contention’, ¶s 0115-0118). Han does not expressly disclose output a groupcast message for transmission to two or more of the plurality of UEs, the groupcast message indicating whether the first UE will use a first resource of the at least one shared resource. However, Takeda discloses output a groupcast message for transmission to two or more of the plurality of UEs, the groupcast message indicating whether the first UE will use a first resource of the at least one shared resource (‘the base station 105-a may transmit a multicast message to the UEs 115 in UE multicast group 205 using communications link 215, and the base station 105-a may transmit a multicast message to the UEs 115 in UE multicast group 210 using communications link 220. In some examples, the multicast message(s) may indicate resources for the UEs 115 in each group to use for feedback messages. For example, the base station 105-a may configure a first group of UEs (for example, UE multicast group 205) with a first shared resource, and may configure a second group of UEs (for example, UE multicast group 210) with a second shared resource’, ¶ 0088). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘output a groupcast message for transmission to two or more of the plurality of UEs, the groupcast message indicating whether the first UE will use a first resource of the at least one shared resource’ as disclosed by Takeda into Han so as to effectively support power control for shared feedback for multicast communication wireless system, Takeda ¶ 0005. As to Claim 28, Han further discloses obtain a second message from the first UE, the second message indicating whether the first UE will use the first resource (‘after selecting the second resource to send the first message, the UE determines the first resource which is subsequently used to receive the second message. Correspondingly, after receiving the first message, the base station, according to the second resource used for transmitting the first message, may determine the TU-RNTI selected by the UE which has sent the first message, and then use the TU-RNTI corresponding to the first resource to send the second message’, ¶ 0074). As to Claim 29, Han does not expressly disclose wherein: the at least one shared resource comprises a plurality of physical uplink shared channel (PUSCH) occasions; and the first resource comprises at least one PUSCH occasion of the plurality of PUSCH occasions. However, Takeda discloses wherein: the at least one shared resource comprises a plurality of physical uplink shared channel (PUSCH) occasions; and the first resource comprises at least one PUSCH occasion of the plurality of PUSCH occasions (‘in some wireless systems, a base station may communicate with multiple user equipment (UEs) by transmitting a multicast message to the UEs. To reduce signaling overhead, a UE in such wireless systems may use shared resources, which may be shared among the multiple UEs, to transmit a feedback message associated with the multicast message to the base station. In some examples, the UE may receive a power control configuration from the base station. The power control configuration may be associated with the multicast message and may indicate power control parameters that may affect the transmit power with which the UE transmits the feedback message to the base station. The wireless communications system 200 may support fractional transmit power control, for example, such as fractional transmit power control for a physical uplink shared channel (PUSCH), which may configure a as an RRC parameter’, ¶s 0005 and 0095). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘wherein: the at least one shared resource comprises a plurality of physical uplink shared channel (PUSCH) occasions; and the first resource comprises at least one PUSCH occasion of the plurality of PUSCH occasions’ as disclosed by Takeda into Han so as to effectively support power control for shared feedback for multicast communication wireless system, Takeda ¶ 0005. As to Claim 30, Han does not expressly disclose a transceiver configured to transmit the first message and the groupcast message, wherein the apparatus is configured as a network entity. However, Takeda discloses a transceiver configured (Fig. 10, ‘transceiver 1020’) to transmit the first message and the groupcast message, wherein the apparatus is configured as a network entity (‘the base station 105-a may transmit a multicast message to the UEs 115 in UE multicast group 205 using communications link 215, and the base station 105-a may transmit a multicast message to the UEs 115 in UE multicast group 210 using communications link 220’, ¶ 0088). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ‘a transceiver configured to transmit the first message and the groupcast message, wherein the apparatus is configured as a network entity’ as disclosed by Takeda into Han so as to effectively support power control for shared feedback for multicast communication wireless system, Takeda ¶ 0005. Allowable Subject Matter 7. Claims 14-26 are allowed. Independent Claim 14 is allowable over Non-Patent Literatures (NPLs) and prior arts since none of the Non-Patent Literatures (NPLs) and prior arts taken individually or in combination fails to particularly disclose, fairly suggests or render obvious ‘obtain a second message from the first UE, the second message indicating whether the first UE will use a first resource of the at least one shared resource; and output a third message for transmission via the first resource according to a first communication mode selected based on the second message’. Independent Claim 22 is allowable over Non-Patent Literatures (NPLs) and prior arts since none of the Non-Patent Literatures (NPLs) and prior arts taken individually or in combination fails to particularly disclose, fairly suggests or render obvious ‘obtain a groupcast message from the network entity, the groupcast message indicating whether the first UE will use a first resource of the at least one shared resource; and output a second message for transmission via the first resource according to a first communication mode selected based on the groupcast message’. Conclusion 8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GBEMILEKE J ONAMUTI whose telephone number is (571)270-5619. The examiner can normally be reached 8:00 AM - 5:00 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, ASAD NAWAZ can be reached at (571)272-3988. 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. /GBEMILEKE J ONAMUTI/Primary Examiner, Art Unit 2463
Read full office action

Prosecution Timeline

Jun 16, 2023
Application Filed
Jan 10, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
86%
With Interview (-0.5%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 801 resolved cases by this examiner. Grant probability derived from career allow rate.

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