Prosecution Insights
Last updated: August 17, 2026
Application No. 18/488,745

FREQUENCY RESOURCE ALLOCATION OF A BANDWIDTH PART FOR MULTIPLE COMMUNICATION TYPES

Final Rejection §103
Filed
Oct 17, 2023
Priority
May 08, 2020 — provisional 63/022,013 +1 more
Examiner
ABELSON, RONALD B
Art Unit
2476
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
6 (Final)
90%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1197 granted / 1325 resolved
+32.3% vs TC avg
Minimal -0% lift
Without
With
+-0.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
40 currently pending
Career history
1355
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
59.5%
+19.5% vs TC avg
§102
22.1%
-17.9% vs TC avg
§112
7.3%
-32.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1325 resolved cases

Office Action

§103
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 . 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. Claim(s) 1, 11-13, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cirik US 20200106573 in view of Takano WO 2020031762. Regarding claims 1, 11, 17, Cirik teaches a method of wireless communication by a user equipment (UE) (fig. 1 box 110A), the method comprising: the control information further indicating a first communication type and a second communication type are associated with a common set of time resources; and based on a first data type of first data corresponding to a first communication type and further based on a second data type of second data corresponding to a second communication type, performing a wireless communication using the one or more first frequency resources to communicate the first data and using the one or more second frequency resources to communicate the second data ([0389] In an example, when configured with multiple BWPs for a cell, a gNB and a UE may communicate on multiple active BWPs of the multiple BWPs in parallel (e.g., simultaneously or overlapped in time) to accommodate multiple services (e.g., eMBB, URLLC, or MTC). In an example, on a first active BWP, a gNB may transmit an eMBB data packet to a UE. In an example, on a second active BWP, the gNB may transmit an URLLC data packet to the UE. In an example, on a third active BWP, the gNB may transmit an MTC data packet to the UE. Transmitting multiple data packets for different services on different active BWPs in parallel (e.g., simultaneously or overlapped in time) may reduce latency). Although Cirik teaches control information indicating the control information further indicating a first communication type and a second communication type are associated with a common set of time resources of the BWP, the reference is silent on receiving control information indicating a single bandwidth part (BWP) that is included in a single carrier and that includes the first frequency resources and the second frequency resources. Takano teaches receiving control information indicating a single bandwidth part (BWP) that is included in a single carrier and that includes the first frequency resources and the second frequency resources (The capability information includes information indicating the number of beams that can be received using a plurality of frequency resources in the same time resource. In other words, the capability information includes information indicating the number of frequency resources capable of receiving the measurement signal beam-sweeped using the same time resource. It can be said that the number of frequency resources is the number of resources or the number of resource sets that can be received on the same time resource. The capability information may include the number of different frequency resources that can be received on the same time resource, or may include the number of different resource sets of frequency resources that can be received on the same time resource. From the viewpoint of reducing the complexity of reporting, it is preferable that the capability information include the number of different resource sets of frequency resources that can be received on the same time resource. The resources or resource sets of different frequency resources that can be received on the same time resource are, for example, resources or resource sets of different frequency bands in the same BWP or CC.). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system of Cirik by receiving control information indicating a single bandwidth part (BWP) that is included in a single carrier and that includes the first frequency resources and the second frequency resources, as shown by Takano. This modification would benefit the system by providing a proven, reliable method for the UE to receive the control information. Regarding claim 12, one of the first communication type or the second communication type is associated with a first part of a frequency spectrum that is different than a second part of the frequency spectrum associated with the other of the first communication type or the second communication type (Cirik: [0389]). Regarding claim 13, the first communication type or the second communication type is associated with a first latency sensitivity that is greater than a second latency sensitivity associated with the other of the first communication type or the second communication type (Cirik: [0389]: Note, different communication types are associated with different latencies. Regarding claim 16, given the rejection to claim 15 above with respect to the first communication type, the rejection with respect to the second communication type would have been obvious in view of the combination. Claim(s) 23 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Cirik and Takano and as applied to claim 1 above, and further in view of Xiao 20210136763. Regarding claim 23, the combination is silent on receiving an indication of a mapping of one or more of the first frequency resources or the second frequency resources to one or more of the first communication type or the second communication type, wherein the wireless communication is performed in accordance with the mapping. Xiao teaches on receiving an indication of a mapping of one or more of the first frequency resources or the second frequency resources to one or more of the first communication type or the second communication type, wherein the wireless communication is performed in accordance with the mapping ([0081]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system of the combination by receiving an indication of a mapping of one or more of the first frequency resources or the second frequency resources to one or more of the first communication type or the second communication type, wherein the wireless communication is performed in accordance with the mapping, as shown by Xiao. This modification would benefit the system by enabling the UE to know which frequency resources to use for each communication type. Regarding claim 24, receiving a message indicating a pattern of uplink to downlink slots associated with one or more of the first communication type or the second communication type, wherein the wireless communication is performed in accordance with the pattern (Xiao: [0112]). Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Cirik and Takano as applied to claims 17 above, and further in view of Ryu 20200413348. Regarding claim 18, the combination is silent on sending a request indicating one or more characteristics of the control information. Ryu teaches sending a request indicating one or more characteristics of the control information (When the TX UE requests a resource, the resource may information about whether the resource is for unicast communication, groupcast communication, or broadcast communication (a V2X communication type, [0303]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system of the combination by on sending a request indicating one or more characteristics of the control information, as shown by Ryu. This modification would benefit the system by enabling the system to choose an optimal method of communication. Claims 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Cirik, Takano, and Ryu as applied to claim 18 above, and further in view of Liu US 20090042581. The combination is silent on the request indicates a first bandwidth of the one or more first frequency resources. Liu teaches a request indicates a first bandwidth/frequency of the one or more first frequency resources (time frequency resource request, [0100]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system of the combination by the request indicates a first bandwidth of the one or more first frequency resources, as shown by Liu. This modification would benefit the system by enabling the UE to select an optimal bandwidth for communication. Claims 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Cirik, Takano, and Ryu as applied to claim 1 above, and further in view of Zarifi US 10333688. Regarding claim 4 the combination is silent on the request indicates one or more of a first ratio associated with the first communication type or a second ratio associated with the second communication type. Zarifi teaches the request indicates one or more of a first ratio associated with the first communication type or a second ratio associated with the second communication type (the request is based on characteristics of the UE, the characteristics including at least one of a downlink to uplink (DL/UL) traffic load ratio of the UE, possible device-to-device (D2D) communication, the UE's traffic type, and a factor relating to interference of the UE, claim 18). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system of the combination by the request indicates one or more of a first ratio associated with the first communication type or a second ratio associated with the second communication type, as shown by Zarifi. This modification would benefit the system by allocating an optimal ratio of UL/DL slots to the UE. Regarding claim 5, the first ratio is based on one or more first slots for a downlink communication of the first communication type, one or more second slots for an uplink communication of the first communication type (Ryu: request based on (DL/UL) traffic load ratio, possible D2D communication, claim 18). Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Cirik and Takano as applied to claim 11 above, and further in view of Sun US 20190246419. The combination is silent on the first communication type corresponds to one of an enhanced mobile broadband (eMBB) communication type or a ultra-reliable low- latency communications (URLLC) communication type, and wherein the second communication type corresponds to the other of the eMBB communication type or the URLLC communication type. Sun teaches the first communication type corresponds to one of an enhanced mobile broadband (eMBB) communication type or a ultra-reliable low- latency communications (URLLC) communication type, and wherein the second communication type corresponds to the other of the eMBB communication type or the URLLC communication type ([0067]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system of the combination by the first communication type corresponds to one of an enhanced mobile broadband (eMBB) communication type or a ultra-reliable low- latency communications (URLLC) communication type, and wherein the second communication type corresponds to the other of the eMBB communication type or the URLLC communication type, as shown by Sun. This modification would benefit the system by providing a method for concurrently transmitting eMBB and URLLC communication types. Allowable Subject Matter Claims 6, 7, 9, 10, 15, 21, and 22 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. Response to Arguments Applicant’s arguments with respect to the amended independent claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion 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 RONALD B ABELSON whose telephone number is (571)272-3165. The examiner can normally be reached M-F 8:00-4:30. 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, Ayaz Sheikh can be reached on 571-272-3795. 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. /RONALD B ABELSON/
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Prosecution Timeline

Show 6 earlier events
Jul 18, 2025
Response after Non-Final Action
Aug 28, 2025
Non-Final Rejection mailed — §103
Nov 21, 2025
Response Filed
Dec 31, 2025
Non-Final Rejection mailed — §103
Mar 17, 2026
Response Filed
Apr 02, 2026
Non-Final Rejection mailed — §103
Jun 25, 2026
Response Filed
Jul 02, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
90%
Grant Probability
90%
With Interview (-0.4%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1325 resolved cases by this examiner. Grant probability derived from career allowance rate.

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