Prosecution Insights
Last updated: July 17, 2026
Application No. 18/494,461

WIRELESS COMMUNICATION DEVICE CONTROLLED OPERATION MODE

Non-Final OA §103
Filed
Oct 25, 2023
Priority
Nov 04, 2022 — provisional 63/382,430
Examiner
PHAM, TITO Q
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
3 (Non-Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
384 granted / 532 resolved
+14.2% vs TC avg
Strong +19% interview lift
Without
With
+19.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
23 currently pending
Career history
560
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
88.3%
+48.3% vs TC avg
§102
3.0%
-37.0% vs TC avg
§112
6.2%
-33.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 532 resolved cases

Office Action

§103
DETAILED ACTION 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/20/2026 has been entered. Claims 1-8, 10-23, and 25-32 are pending. 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. Claim(s) 1-8, 10, 12, 14-23, 25, 27-30, and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tekgul et al. (US Pub. No. 2021/0075497) in view of Ray Chaudhuri et al. (US Pub. No. 2021/0194569) in view of Wang et al. (US Pub. No. 2025/0175966). Regarding claims 1 and 29, Tekgul discloses an apparatus for wireless communication at a forwarding node (figure 6 relay node), comprising: one or more memories (paragraphs 28 and 29); and one or more processors (paragraphs 28 and 29) coupled with the one or more memories configured to cause the forwarding node to: transmit an indication of a selection of a wireless communication device (WCD) controlled operation mode, wherein the selection is obtained from a control node or determined by the forwarding node (paragraphs 93 and 94 in view of paragraph 7: relay node 602 selects a mode of operation either by itself or indication from a base station and transmits selection indication to the base station. The operation mode is either decode-forward or amplifying-forward), and wherein the selection of the WCD-controlled operation mode is associated with a set of time resources and a set of frequency resources on which the forwarding node is configured to support the WCD-controlled operation mode (under broadest reasonable interpretation, the term “associated with” means related to and not “based on”. Thus, as long as the relay node performs communication using a set of time and frequency resources while using the selected operation mode, the selected operation mode is associated with a set of time resource and a set of frequency resource. Paragraph 33 and figure 2 discloses UE communicates with each other using, among transmission technologies, LTE and NR wireless communication. Paragraphs 41 and 42 discloses using selected operation mode with TDD and/or FDD which constitute time and frequency resources); and communicate with a WCD based at least in part on the WCD-controlled operation mode (paragraphs 95, 97, and 98: relay node uses selected mode of operation to communicate with UE). Tekgul does not teach transmit an indication of the set of time resources, the set of frequency resources, or a set of spatial resources. Tekgul’s paragraphs 34-36 discloses wireless communication is operated in a frequency spectrum. In the same field of relay/repeater, Ray Chaudhuri discloses teach transmit an indication of the set of frequency resources (paragraphs 122 and 123: repeater sends a mode-switch message to request base station to modify frequency resource including narrower band, select channels including frequencies (frequency block) when amplification threshold is not satisfied. The base station transmits a response message that instructs the repeater to operate according to the requested set of modified transmission parameters (set of frequency resource). The repeater modifies its configuration to operate in the coverage expansion mode including amplification and forward. Thus, the amplification and forward mode is associated with the set of frequency resources). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Tekgul transmit an indication of the set of frequency resources. The motivation would have been for confirmation/validation. Tekgul does not teach selection of WCD-controlled operation mode is associated with a set of spatial resource. Tekgul’s paragraphs 32, 51, and 52 disclose an UE communicates with at least a base station using spatial resources (spatial beamforming/MIMO antenna). In the same field of forwarding, Wang discloses a repeater node in forwarding/normal operation mode (paragraph 40) is associated with a set of spatial resources (see figure 3B and paragraph 70). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Tekgul selection of WCD-controlled operation mode is associated with a set of spatial resource. The motivation would have been for beam/spatial diversity. Regarding claims 19 and 30, Tekgul discloses an apparatus for wireless communication at a wireless communication device (WCD) (figure 7 base station), comprising: one or more memories (paragraphs 28 and 29); and one or more processors (paragraphs 28 and 29) coupled with the one or more memories and configured to cause the WCD to: receive an indication of a selected WCD-controlled operation mode associated with a forwarding node (paragraphs 104 and 105: base station receives mode of operation indication from a relay node. Paragraphs 93 and 94: the operation mode is either decode-forward or amplifying-forward); wherein the selected WCD-controlled operation mode is associated with a set of time resources and a set of frequency resources on which the forwarding node is configured to support the WCD-controlled operation mode (under broadest reasonable interpretation, the term “associated with” means related to and not “based on”. Thus, as long as the relay node performs communication using a set of time and frequency resources while using the selected operation mode, the selected operation mode is associated with a set of time resource and a set of frequency resource. Paragraph 33 and figure 2 discloses UE communicates with each other using, among transmission technologies, LTE and NR wireless communication. Paragraphs 41 and 42 discloses using selected operation mode with TDD and/or FDD which constitute time and frequency resources); and communicate, via the forwarding node, with an additional WCD based at least in part on the WCD-controlled operation mode (figure 7 step 712 and paragraph 105: base station communicates with additional WCD based on the determined mode of operation). Tekgul does not teach receive an indication of the set of time resources, the set of frequency resources, or a set of spatial resources. Tekgul’s paragraphs 34-36 discloses wireless communication is operated in a frequency spectrum. In the same field of relay/repeater, Ray Chaudhuri discloses teach transmit an indication of the set of frequency resources (paragraphs 122 and 123: repeater sends a mode-switch message to request base station to modify frequency resource including narrower band, select channels including frequencies (frequency block) when amplification threshold is not satisfied. The base station transmits a response message that instructs the repeater to operate according to the requested set of modified transmission parameters (set of frequency resource). The repeater modifies its configuration to operate in the coverage expansion mode including amplification and forward. Thus, the amplification and forward mode is associated with the set of frequency resources). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Tekgul transmit an indication of the set of frequency resources. The motivation would have been for confirmation/validation. Tekgul does not teach selected WCD-controlled operation mode is associated with a set of spatial resource. Tekgul’s paragraphs 32, 51, and 52 disclose an UE communicates with at least a base station using spatial resources (spatial beamforming/MIMO antenna). In the same field of forwarding, Wang discloses a repeater node in forwarding/normal operation mode (paragraph 40) is associated with a set of spatial resources (see figure 3B and paragraph 70). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Tekgul selection of WCD-controlled operation mode is associated with a set of spatial resource. The motivation would have been for beam/spatial diversity. Regarding claim 2, all limitations of claim 1 are disclosed above. Tekgul further teaches the WCD-controlled operation mode comprises an operation mode for communications based at least in part on control information received from an additional WCD that is different from the WCD (paragraph 89: from base station). Regarding claims 3 and 20, all limitations of claims 1 and 19 are disclosed above. Tekgul further teaches the WCD-controlled operation mode comprises an operation mode for communications based at least in part on one or more of: control information identified by the forwarding node (paragraphs 89 and 93), control information received from a network control node that is different from the WCD (paragraphs 89 and 93). Regarding claims 4 and 21, all limitations of claims 1 and 19 are disclosed above. Tekgul further teaches the selection of the WCD-controlled operation mode is based at least in part on one or more of: channel conditions of a wireless link from the WCD/additional WCD and the forwarding node (paragraph 89: measurements between relay and UE), Regarding claims 5 and 22, all limitations of claims 1 and 19 are disclosed above. Tekgul further teaches the selection of the WCD-controlled operation mode is based at least in part on one or more of: one or more parameters received from the WCD (paragraphs 84 and 100), one or more parameters configured for the forwarding node (paragraphs 89 and 101), or one or more parameters received from the control node that is different from the WCD (paragraphs 89 and 101). Regarding claims 6 and 23, all limitations of claims 5 and 22 are disclosed above. Tekgul further teaches the one or more parameters are associated with one or more of: thresholds of metrics associated with candidate WCD-controlled operation modes (paragraphs 85 and 86). Regarding claim 7, all limitations of claim 5 are disclosed above. Tekgul further teaches the one or more processors are further configured to cause the forwarding node to: transmit an indication of the one or more parameters (paragraph 103). Regarding claim 8, all limitations of claim 5 are disclosed above. Tekgul further teaches wherein the one or more parameters configured for the forwarding node are preconfigured (paragraphs 92 and 93: default). Regarding claim 10, all limitations of claim 1 are disclosed above. Tekgul further discloses the WCD-controlled operation mode is associated with omission of control information received from the WCD (paragraphs 89 and 93: information from relay node and no information from UE). Regarding claims 12 and 25, all limitations of claims 1 and 19 are disclosed above. Tekgul further discloses one or more processors, to cause the forwarding node to transmit the indication of the selection of the WCD-controlled operation mode, are configured to cause the forwarding node to transmit the indication of the selection via one or more of: uplink control information (figure 6 step 619; paragraph 94). Regarding claims 14 and 27, all limitations of claims 1 and 19 are disclosed above. Tekgul further discloses the one or more processors, to cause the forwarding node to communicate with the WCD based at least in part on the WCD- controlled operation mode, are configured to cause the forwarding node to: communicate using a configuration of one or more communication parameters that are selected without an indication of the selection from the WCD (paragraph 7: amplify-forward or decode-forward mode without selection from UE). Regarding claim 15, all limitations of claim 1 are disclosed above. Tekgul does not teach but Ray Chaudhuri discloses selection of the one or more communication parameters from a set of candidate communication parameters indicated by the control node (paragraphs 122, 148, and 149). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Tekgul selection of the one or more communication parameters from a set of candidate communication parameters indicated by the control node. The motivation would have been for interference reduction (paragraph 122). Regarding claim 16, all limitations of claim 1 are disclosed above. Tekgul further discloses the WCD-controlled operation mode is a candidate WCD-controlled operation mode of a set of candidate WCD-controlled operation modes (paragraph 7: amplify-forward or decode-forward mode). . Regarding claims 17 and 28, all limitations of claims 1 and 19 are disclosed above. Tekgul further discloses receive an indication of control information associated with a default WCD- controlled operation mode, and communicate, before or after communicating based at least in part on the WCD- controlled operation mode, with the WCD based at least in part on the default WCD- controlled operation mode (paragraphs 93 and 112: default mode). Regarding claim 18, all limitations of claim 1 are disclosed above. Tekgul does not teach but Ray Chaudhuri discloses receive a set of information elements of control information based at least in part on the WCD-controlled operation mode (paragraph 122: frequency). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Tekgul receive a set of information elements of control information based at least in part on the WCD-controlled operation mode. The motivation would have been for interference reduction. Regarding claim 32, all limitations of claim 30 are disclosed above. Tekgul further teaches the WCD-controlled operation mode comprises an operation mode for communications based at least in part on: control information received from the WCD (paragraphs 89 and 93). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tekgul et al. (US Pub. No. 2021/0075497) in view of Ray Chaudhuri et al. (US Pub. No. 2021/0194569) in view of Wang et al. (US Pub. No. 2025/0175966) in view of Abedini et al. (Us Pub. No. 2021/0297144). Regarding claim 11, all limitations of claim 5 are disclosed above. Tekgul does not teach but Abedini discloses the control information is associated with one or more of: time division duplexing (TDD) (paragraphs 122 and 123). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Tekgul the control information is associated with one or more of: time division duplexing (TDD). The motivation would have been for communication between base station and relay/repeater node. Claim(s) 13 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tekgul et al. (US Pub. No. 2021/0075497) in view of Ray Chaudhuri et al. (US Pub. No. 2021/0194569) in view of Wang et al. (US Pub. No. 2025/0175966) in view of Cheng et al. (US Pub. No. 2020/0154501). Regarding claims 13 and 26, all limitations of claims 1 and 19 are disclosed above. Tekgul does not teach but Cheng discloses receive an acknowledgement of the indication of the selection of the WCD- controlled operation mode, wherein communicating with the WCD based at least in part on the WCD-controlled operation mode is based at least in part on receiving the acknowledgement (paragraph 4: UE transmits an indication of selecting/switching to a peer UE scheduling operation mode to base station. The base station transmits an acknowledgment to UE, and the UE operates under the new peer UE scheduling mode). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Tekgul receive an acknowledgement of the indication of the selection of the WCD- controlled operation mode, wherein communicating with the WCD based at least in part on the WCD-controlled operation mode is based at least in part on receiving the acknowledgement. The motivation would have been for confirmation. Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tekgul et al. (US Pub. No. 2021/0075497) in view of Ray Chaudhuri et al. (US Pub. No. 2021/0194569) in view of Wang et al. (US Pub. No. 2025/0175966) in view of Chang et al. (US Pub. No. 2022/0053605). Regarding claim 31, all limitations of claim 29 are disclosed above. Tekgul does not teach but Chang discloses the WCD-controlled operation mode comprises an operation mode for communications base at least in part on control information received from an additional WCD that is different from the WCD (see figure 3 step 302; paragraphs 39-41: Remote UE transmits a request to a relay UE for information provided by a base station. If the relay UE decides to assist the remote UE, the relay UE transmits an indication message which includes information that indicate the relay UE is operating in a relay mode, to the base station). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Tekgul the WCD-controlled operation mode comprises an operation mode for communications base at least in part on control information received from an additional WCD that is different from the WCD. The motivation would have been to support/assist remote UE in receiving information/signaling from a base station (paragraph 41). Response to Arguments Applicant's arguments filed 2/6/2026 have been fully considered but they are not persuasive. In page 15 of Remark, regarding independent claims, the Applicant argues that the combination of Tekgul and Ray Chaudhuri does not teach the independent claims. Examiner notes that the combination of Tekgul, Ray Chaudhuri and newly discovered reference, Wang, teaches the claimed limitations (see 35 U.S.C. 103 rejection section).Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TITO Q PHAM whose telephone number is (571)272-4122. The examiner can normally be reached Monday-Friday: 9AM-6PM EST. 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, Faruk Hamza can be reached at 571-272-7969. 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. /TITO Q PHAM/ Examiner, Art Unit 2466 /FARUK HAMZA/ Supervisory Patent Examiner, Art Unit 2466
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Prosecution Timeline

Show 6 earlier events
Mar 09, 2026
Final Rejection mailed — §103
Apr 14, 2026
Interview Requested
Apr 22, 2026
Applicant Interview (Telephonic)
Apr 22, 2026
Examiner Interview Summary
May 11, 2026
Response after Non-Final Action
May 20, 2026
Request for Continued Examination
May 26, 2026
Response after Non-Final Action
Jun 09, 2026
Non-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

3-4
Expected OA Rounds
72%
Grant Probability
91%
With Interview (+19.1%)
3y 5m (~8m remaining)
Median Time to Grant
High
PTA Risk
Based on 532 resolved cases by this examiner. Grant probability derived from career allowance rate.

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