Prosecution Insights
Last updated: April 19, 2026
Application No. 18/455,559

UE SUGGESTED UPLINK RESOURCE ALLOCATION

Final Rejection §103
Filed
Aug 24, 2023
Examiner
SEFCHECK, GREGORY B
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
3y 8m
To Grant
89%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
469 granted / 677 resolved
+11.3% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
59 currently pending
Career history
736
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
56.9%
+16.9% vs TC avg
§102
22.6%
-17.4% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 677 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Amendment filed 2/2/2026 is acknowledged. Claims 1, 2, 7, 9, 13, 14, 16, 17, 19, 20, 22, 24, and 28-30 have been amended. Claims 1-30 remain pending. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 12, 13, 18, 19, 27, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US20220159568A1; “Kim”) in view of Esswie (US20240205915A1). Regarding claims 1 and 19, Kim discloses a method (Fig. 7) and apparatus (Fig. 10) for wireless communication at a user equipment (UE) (Fig. 7, UE 701; Fig. 10, terminal/UE; paragraph 224-235) comprising at least one memory (Fig. 10, memory 1002); and at least one processor (Fig. 10, processor 1003) coupled to the at least one memory and, based at least in part on stored information that stored in the at least one memory (paragraphs 230-235), the at least one processor, individually or in any combination, is configured to cause the UE to transmit information to a network node (Fig. 7, gNB 700) indicating at least one of an aggregation capability or payload pattern information for multiple uplink data flows of the UE (Fig. 7, step 703; paragraphs 152-183; sending UE assistance information from UE to gNB including parameters related to transmission/reception preferred by UE such as carrier aggregation related configuration information preferred by UE for cross-carrier scheduling, UL/DL slot pattern, etc.) and to receive a grant of uplink resources for the multiple uplink data flows based on the information transmitted to the network node (Fig. 4-5; paragraphs 30-32, 86-93; Tables 7-8; cross-carrier scheduling configuration of at least one primary cell or FR1 cell determined by base station/gNB based on the UE assistance information, conveyed via control channel/PDCCH according to aggregation level in the corresponding CORESET). Kim does not expressly disclose the UE aggregation capability or uplink grant to aggregate traffic of multiple uplink data flows having periodic data traffic. Esswie discloses analogous art (Title: Dynamic Uplink Device Aggregation) including UE aggregation capability or uplink grant to aggregate traffic of multiple uplink data flows having periodic data traffic (paragraphs 71; 138, 157; configuring uplink aggregation-capable UE for uplink grant aggregation including periodic data traffic with time-varying packet size and arrival rate). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Kim by providing for UE aggregation capability or uplink grant to aggregate traffic of multiple uplink data flows having periodic data traffic, as shown by Esswie, thereby enabling satisfying QoS metrics to satisfy performance targets of multiple uplink data flows while maximizing power saving operations. Regarding claims 13 and 28, Kim discloses a method (Fig. 7) and apparatus (Fig. 11) for wireless communication at a network node (Fig. 7, gNB 700) comprising at least one memory (Fig. 11, memory 1102) and at least one processor (Fig. 7, processor 1103) coupled to the at least one memory and, based at least in part on stored information that is stored in the at least one memory (paragraphs 230-235), the at least one processor, individually or in any combination, is configured to cause the network node to obtain information from a user equipment (UE), the information indicating at least one of an aggregation capability or payload pattern information for multiple uplink data flows of the UE (Fig. 7, step 703; paragraphs 152-183; sending UE assistance information from UE to gNB including parameters related to transmission/reception preferred by UE such as carrier aggregation related configuration information preferred by UE for cross-carrier scheduling, UL/DL slot pattern, etc.) and provide a grant of uplink resources for the multiple uplink data flows based on the information transmitted to the network node (Fig. 4-5; paragraphs 30-32, 86-93; Tables 7-8; cross-carrier scheduling configuration of at least one primary cell or FR1 cell determined by base station/gNB based on the UE assistance information, conveyed via control channel/PDCCH according to aggregation level in the corresponding CORESET). Kim does not expressly disclose the UE aggregation capability or uplink grant to aggregate traffic of multiple uplink data flows having periodic data traffic. Esswie discloses analogous art (Title: Dynamic Uplink Device Aggregation) including UE aggregation capability or uplink grant to aggregate traffic of multiple uplink data flows having periodic data traffic (paragraphs 71; 138, 157; configuring uplink aggregation-capable UE for uplink grant aggregation including periodic data traffic with time-varying packet size and arrival rate). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Kim by providing for UE aggregation capability or uplink grant to aggregate traffic of multiple uplink data flows having periodic data traffic, as shown by Esswie, thereby enabling satisfying QoS metrics to satisfy performance targets of multiple uplink data flows while maximizing power saving operations. Regarding claim 12, 18, and 27, The combination of Kim and Esswie discloses the at least one processor is further configured to cause the network node to receive uplink data for the multiple uplink data flows in the uplink resources of the grant (paragraphs 170-171, 201, 203; CG and time/frequency related configuration/allocation information). Claims 2-5, 9-11, 14, 17, 20, 21, 23-26, 29, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Esswie in view of Takahashi et al. (US20230345472A1; “Takahashi”). Regarding claims 2, 14, 20, and 29, Kim discloses the information indicates, for each uplink data flow, one or more of: timing information for uplink data (paragraph 153-155; UE assistance including time domain resource allocation and HARQ-ACK timing parameters) or payload size/variation/jitter information for the uplink data, but fails to expressly disclose aggregation capability indicating to aggregate traffic of a first uplink data flow in a transmission occasion for a second uplink data flow. Takahashi discloses analogous art including aggregation capability indicating to aggregate traffic of a first uplink data flow in a transmission occasion for a second uplink data flow (paragraphs 108, 175; aggregating/multiplexing second UL channel into first UL channel according to different payload sizes). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Kim and Esswie by indicating aggregation capability to aggregate traffic of a first uplink data flow in a transmission occasion for a second uplink data flow, as shown by Takahashi, thereby controlling aggregation according to flow priority. Regarding claims 3 and 21, The combination of Kim, Esswie, and Takahashi discloses the information indicates the payload size information, for at least one of the multiple uplink data flows, as an index referencing a table (Kim: paragraph 169-173; MCS table; Esswie: paragraph 71, 138, 157; Takahashi: paragraph 108; varying bit/payload sizes). See motivation above. Regarding claims 4, 14, 21, and 29, The combination of Kim, Esswie, and Takahashi discloses the information indicates the timing information based on at least one of: a period and a system time of a first data burst (Fig. 8; paragraphs 25, 92, 169, 183; Table 8; periodicity and time domain resource allocation information and transmission periodicity), or a bitmap associated with a configured grant pattern. Regarding claims 5, 14, and 29, The combination of Kim, Esswie, and Takahashi discloses the information is comprised in at least one of a radio resource control (RRC) message, a medium access control-control element (MAC-CE), or uplink control information (UCI) (paragraph 78, 152, 187; RRC or MAC CE or PUCCH). Regarding claims 9, 17, 23, 24, and 30, The combination of Kim and Esswie discloses the information includes the pattern information indicates a resource allocation pattern for each of the multiple uplink data flows of the UE (Kim: paragraphs 23-25, 38, 60, 152-183; patterns of sleep, active time, frequency hopping, uplink/downlink slot pattern, etc.), wherein each resource allocation pattern includes at least one of: a period, a payload size, or a traffic occurrence indication of one or more traffic occurrences (Kim: Fig. 8; paragraphs 25, 92, 169, 183; Table 8; periodicity and time domain resource allocation information and transmission periodicity; Esswie: paragraph 71; periodic data traffic with time-varying packet size and arrival rate). The combination of Kim and Esswie does not expressly disclose indicating a pattern of combined payload sizes in transmission occasions for an aggregation of the multiple uplink data flows. Takahashi discloses analogous art as shown above, including pattern information indicateing a pattern of combined payload sizes in transmission occasions for an aggregation of the multiple uplink data flows (paragraphs 108, 175; aggregating second UL channel into first UL channel according to different payload sizes). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Kim and Esswie by providing pattern information indicating a pattern of combined payload sizes in transmission occasions for an aggregation of the multiple uplink data flows, as shown by Takahashi, thereby aggregating according to priority. Regarding claims 10 and 25, The combination of Kim, Esswie and Takahashi discloses to transmit an indication of an information change for at least one occasion of the multiple uplink data flows (paragraph 197; Table 15; mode changes). Regarding claims 11, 25, 26, and 30, The combination of Kim, Esswie and Takahashi discloses indication is comprised in at least one of: a medium access control-control element (MAC-CE), or uplink control information (UCI) (Kim: paragraph 78, 152, 187; MAC CE or PUCCH; Esswie: paragraph 26, 151-158; MAC-CE) and information change indicates at least one index (Kim: paragraph 32, 92; index for cell/CORESET) for a slot of a reported traffic pattern that is no longer valid or with an updated payload size (Esswie: paragraph 71; periodic data traffic with time-varying packet size and arrival rate; Takahashi: paragraph 108; varying bit/payload sizes). See motivations above. Claims 6-8, 15, 16, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Esswie in view of Kim et al. (US20130010714A1; “Kim2”). Regarding claims 6, 7, 15, 16, and 22, The combination of Kim and Esswie discloses the grant of the uplink resources includes a configured grant for a first uplink data flow (Kim: paragraph 170, 201, 203; configured grant configuration information) but does not expressly disclose a dynamic grant based on the aggregation capability for a second uplink data flow or a configured grant with multiple payload sizes, including a first transport block size (TBS) for a first uplink data flow and at least one secondary TBS for an aggregation of a second uplink data flow with the first uplink data flow. Kim2 discloses analogous art (Title: transmitting/receiving PDCCH using DCI having adjusted size) including a dynamic grant based on the aggregation capability for a second uplink data flow (paragraphs; dynamic fallback applied to UL) and a configured grant with multiple payload sizes, including a first transport block size (TBS) for a first uplink data flow and at least one secondary TBS for an aggregation of a second uplink data flow with the first uplink data flow (paragraphs 85, 93, 215; carrier aggregation associated with UE capabilities including cross-carrier scheduling for multiple carriers in UL grant of different bandwidths/payload size). It would have been obvious to one of ordinary skill in the art before the time of effective filing to modify Kim and Esswie by including a dynamic grant based on the aggregation capability for a second uplink data flow, as shown by Kim2, thereby enabling dynamic fallback according to varying bandwidth. Regarding claim 8, The combination of Kim, Esswie, and Kim2 discloses configured grant occasions having a secondary TBS of the at least one secondary TBS are indicated based on at least one of: a period and a system time of a first configured grant occasion (Kim: paragraphs 170-171, 201, 203; CG and time/frequency related configuration/allocation information; Fig. 8; paragraphs 25, 92, 169, 183; Table 8; periodicity and time domain resource allocation information and transmission periodicity; Kim2: paragraph ) or bitmap associated with a configured grant pattern. Response to Arguments Applicant’s arguments with respect to the amended claims have been considered but are moot because the new ground of rejection relies on the newly-cited Esswie reference for any teaching or matter specifically challenged in the argument. Conclusion 6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY B SEFCHECK whose telephone number is (571)272-3098. The examiner can normally be reached Monday-Friday 6AM-4PM. 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, Chirag Shah can be reached at 571-272-3144. 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. /GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477
Read full office action

Prosecution Timeline

Aug 24, 2023
Application Filed
Nov 03, 2025
Non-Final Rejection — §103
Feb 02, 2026
Response Filed
Feb 23, 2026
Final Rejection — §103 (current)

Precedent Cases

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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
69%
Grant Probability
89%
With Interview (+20.0%)
3y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 677 resolved cases by this examiner. Grant probability derived from career allow rate.

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