Prosecution Insights
Last updated: August 06, 2026
Application No. 18/548,953

CONTROLLING OVER-THE-AIR BEAMFORMING CALIBRATION

Non-Final OA §103
Filed
Sep 05, 2023
Priority
Mar 04, 2021 — nonprovisional of PCTEP2021055497
Examiner
SAM, PHIRIN
Art Unit
2476
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget LM Ericsson
OA Round
2 (Non-Final)
90%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
922 granted / 1022 resolved
+32.2% vs TC avg
Moderate +6% lift
Without
With
+6.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
13 currently pending
Career history
1038
Total Applications
across all art units

Statute-Specific Performance

§101
8.0%
-32.0% vs TC avg
§103
55.7%
+15.7% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
4.3%
-35.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1022 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 . 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. The factual inquiries for establishing a background for determining obviousness under 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 non-obviousness. Claims is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 10,951,291 to Xi et al. (hereinafter Xi) in view of US Pub. 2019/0158194 to Wang et al. (hereinafter Wang). In regard claim 1, Xi teaches or discloses a method of controlling over-the-air beamforming calibration for a multi-antenna transceiver system having a plurality of beamforming sub-systems connected to respective transceiver chains, wherein each beamforming sub-system is comprised in an access point of a distributed multiple-input multiple-output (MIMO) system, and wherein each beamforming sub-system is associated with a set of available beams, the method comprising: selecting pairs of one transmission beam and one reception beam, wherein a pair of the one transmission beam and the one reception beam are selected from the set of available beams of different ones of the beamforming sub-systems (col. 18, lines 28-45, col. 22, lines 3-26, beam pairs that may be separated (e.g., significantly separated) in a spatial domain may be selected (e.g., based on one or more estimated parameters) to carry MBM and/or DBM symbols with an appropriate MCS. Selected beams or beam pair links and associated MCS may be signaled in a DCI field via NR-PDCCH. MBM and/or DBM symbols may be transmitted by the selected beam pairs or BPLs. A measurement phase may be used by a TRP to collect a beam channel impulse response (CIR) on (e.g., all) selected beam pairs. A WTRU may (e.g., in a measurement phase) transmit a beam reference signal (BRS) on multiple (e.g., all) selected beams. A TRP may receive a reference signal (e.g., an individual reference signal) on one or more (e.g., each) selected beams); and instructing the beamforming sub-systems to use each selected pair of the one transmission beam and the one reception beam for sounding signal measurements in a respective measurement resource (see col. 37, lines 58-67, col. 38, lines 1-3, TRP 1610 may serve as a serving TRP that may instruct TRP 1620 to measure one or more beams from WTRU 1630 to determine characteristics such as one or more beam types and beam measurement timing. WTRU 1630 may send a beamformed sounding reference signal (SRS) that may be used by one or more TRPs, such as one or both of TRP 1610 and TRP 1620, to perform one or more measurements). Xi may not explicitly teach or disclose beamforming calibration. However, Wang teaches or discloses beamforming calibration (see paragraphs [0003], [0008], [0016], [0018], [0021], [0080], [0091], and [0096], massive multiple input multiple output (massive MIMO) and beamforming are important technical means for increasing a system throughput rate, and a premise for effective beamforming implementation is to calibrate an antenna array and a transceiver channel). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify systems and methods for beam management of Xi by including beamforming calibration suggested by Wang. This modification would provide to implement consistency calibration in an antenna array read in paragraph [0078]. In regard claim 2, Xi teaches or discloses the method of claim 1, wherein selecting pairs of the one transmission beam and the one reception beam comprises selecting all possible pairs for the plurality of beamforming sub-systems (see col. 18, lines 28-45, col. 20, lines 42-65, beam pairs that may be separated (e.g., significantly separated) in a spatial domain may be selected (e.g., based on one or more estimated parameters) to carry MBM and/or DBM symbols with an appropriate MCS. Indices associated with such selected beams or beam pair links and associated MCS may be signaled in a DCI field via NR-PDCCH. MBM and/or DBM symbols may be transmitted by the selected beam pairs or BPLs). In regard claim 3, Xi teaches or discloses the method of claim 1, wherein selecting pairs of the one transmission beam and the one reception beam comprises selecting less than all possible pairs for the plurality of beamforming sub-systems (see col. 18, lines 28-45, col. 48, lines 29-33, such selected beams or beam pair links and associated MCS may be signaled in a DCI field via NR-PDCCH. MBM and/or DBM symbols may be transmitted by the selected beam pairs or BPLs. A number of bits used for such a beam indication in DCI may be reduced (e.g., to a number of bits less than a threshold value)). In regard claim 4, Xi teaches or discloses the method of claim 3, wherein the selected pairs comprise at least one transmission beam per beamforming sub-system (see col. 18, lines 28-45, beam pairs that may be separated (e.g., significantly separated) in a spatial domain may be selected (e.g., based on one or more estimated parameters) to carry MBM and/or DBM symbols with an appropriate MCS. A same or different MCSs may be used for different beams or BPLs. Indices associated with such selected beams or beam pair links and associated MCS may be signaled in a DCI field via NR-PDCCH. MBM and/or DBM symbols may be transmitted by the selected beam pairs or BPLs). In regard claim 5, Xi teaches or discloses the method of claim 1, wherein the selected pairs comprise at least one reception beam per beamforming sub-system for each selected transmission beam (see col. 18, lines 28-45, beam pairs that may be separated (e.g., significantly separated) in a spatial domain may be selected (e.g., based on one or more estimated parameters) to carry MBM and/or DBM symbols with an appropriate MCS. A same or different MCSs may be used for different beams or BPLs. Indices associated with such selected beams or beam pair links and associated MCS may be signaled in a DCI field via NR-PDCCH). In regard claim 6, Xi teaches or discloses the method of claim 3, wherein the selected pairs comprise beam pairs previously providing sounding signal measurements that meet a first measurement quality criterion (see col. 18, lines 28-45, beam pairs that may be separated (e.g., significantly separated) in a spatial domain may be selected (e.g., based on one or more estimated parameters) to carry MBM and/or DBM symbols with an appropriate MCS. A same or different MCSs may be used for different beams or BPLs. Indices associated with such selected beams or beam pair links and associated MCS may be signaled in a DCI field via NR-PDCCH. MBM and/or DBM symbols may be transmitted by the selected beam pairs or BPLs). In regard claim 9, Xi teaches or discloses the method of claim 1, further comprising acquiring measurement reports from the beamforming sub-systems, wherein the measurement reports indicate quality of the sounding signal measurements (see col. 30, lines 31-37, col. 31, lines 9-32, eNodeB 1110 may send a beam width switch confirmation to WTRU 1120 at message exchange 1138, for example, when a new beam measurement report may indicate that beam quality may be “acceptable” and/or may have one or more quality values that may satisfy one or more thresholds. WTRU may measure and/or report a beam measurement (e.g., aperiodically) to eNodeB 1110 at message exchange 1142, for example, following the beam direction switch). In regard claim 11, Xi teaches or discloses the method of claim 1, further comprising determining respective beamforming calibration factors for the transceiver chains based on the sounding signal measurements (see col. 15, lines 7-21, an intra-TRP TX beam sweep and/or an inter-TRP Tx beam sweep of a set of one or more beams, e.g., for beamforming at a TRP. A WTRU Rx beam sweep of a set of one or more beams, e.g., for beamforming at a WTRU. A TRP Tx beam and a WTRU Rx beam may be determined jointly or sequentially). In regard claim 17, Xi teaches or discloses the method of claim 1, wherein each beamforming sub-system is connected to a single transceiver chain (see col. 14, lines 51-64, and col. 28, lines 5-23, hybrid beamforming may achieve digital precoding performance, for example, due to a sparse nature of channels and/or support for multi-user and/or multi-stream multiplexing. Hybrid beamforming may be limited by a number of RF chains. Resulting precoded data 923 may be sent to switcher 924 that may select an RF chain, such as one of RF chain 1 940 or RF chain 2 950. Each of exemplary RF chains 940 and 950 may be associated with a number of antenna elements, such as antenna elements 941 and 951, respectively). In regard claim 19, Xi teaches or discloses an apparatus configured to control over-the-air beamforming calibration for a multi-antenna transceiver system having a plurality of beamforming sub- systems connected to respective transceiver chains, wherein each beamforming sub-system is comprised in an access point of a distributed multiple-input multiple-output (MIMO) system, and wherein each beamforming sub-system is associated with a set of available beams, the apparatus comprising controlling circuitry configured to cause: selection of pairs of one transmission beam and one reception beam, wherein a pair of the one transmission beam and the one reception beam are selected from the set of available beams of different ones of the beamforming sub-systems (col. 18, lines 28-45, col. 22, lines 3-26, beam pairs that may be separated (e.g., significantly separated) in a spatial domain may be selected (e.g., based on one or more estimated parameters) to carry MBM and/or DBM symbols with an appropriate MCS. Selected beams or beam pair links and associated MCS may be signaled in a DCI field via NR-PDCCH. MBM and/or DBM symbols may be transmitted by the selected beam pairs or BPLs. A measurement phase may be used by a TRP to collect a beam channel impulse response (CIR) on (e.g., all) selected beam pairs. A WTRU may (e.g., in a measurement phase) transmit a beam reference signal (BRS) on multiple (e.g., all) selected beams. A TRP may receive a reference signal (e.g., an individual reference signal) on one or more (e.g., each) selected beams); and instruction of the beamforming sub-systems to use each selected pair of the one transmission beam and the one reception beam for sounding signal measurements in a respective measurement resource (see col. 37, lines 58-67, col. 38, lines 1-3, TRP 1610 may serve as a serving TRP that may instruct TRP 1620 to measure one or more beams from WTRU 1630 to determine characteristics such as one or more beam types and beam measurement timing. WTRU 1630 may send a beamformed sounding reference signal (SRS) that may be used by one or more TRPs, such as one or both of TRP 1610 and TRP 1620, to perform one or more measurements). Xi may not explicitly teach or disclose beamforming calibration. However, Wang teaches or discloses beamforming calibration (see paragraphs [0003], [0008], [0016], [0018], [0021], [0080], [0091], and [0096], massive multiple input multiple output (massive MIMO) and beamforming are important technical means for increasing a system throughput rate, and a premise for effective beamforming implementation is to calibrate an antenna array and a transceiver channel). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify systems and methods for beam management of Xi by including beamforming calibration suggested by Wang. This modification would provide to implement consistency calibration in an antenna array read in paragraph [0078]. Allowable Subject Matter Claims 7-8, and 10, 12-16 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 claims 1-2, 9, 11, 17, and 19 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHIRIN SAM whose telephone number is (571)272-3082. The examiner can normally be reached Mon - Fri, 10:30am - 5pm. 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 R. Sheikh can be reached at (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. Date: 04/28/2026 /PHIRIN SAM/Primary Examiner, Art Unit 2476
Read full office action

Prosecution Timeline

Sep 05, 2023
Application Filed
Sep 30, 2025
Non-Final Rejection mailed — §103
Dec 30, 2025
Response Filed
Apr 30, 2026
Non-Final Rejection mailed — §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

2-3
Expected OA Rounds
90%
Grant Probability
96%
With Interview (+6.1%)
2y 8m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1022 resolved cases by this examiner. Grant probability derived from career allowance rate.

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