Prosecution Insights
Last updated: July 17, 2026
Application No. 18/554,975

TECHNIQUES FOR DETERMINING COMMUNICATION PARAMETERS FOR BEAM SWITCHING

Final Rejection §103
Filed
Oct 11, 2023
Priority
Jun 08, 2021 — nonprovisional of PCTCN2021098791
Examiner
MAK, RODRICK
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
189 granted / 249 resolved
+17.9% vs TC avg
Strong +26% interview lift
Without
With
+26.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
19 currently pending
Career history
296
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
93.7%
+53.7% vs TC avg
§102
1.6%
-38.4% vs TC avg
§112
2.5%
-37.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 249 resolved cases

Office Action

§103
CTFR 18/554,975 CTFR 91742 DETAILED ACTION Applicant's submission filed on 28 January 2026 has been entered. No claims are currently amended; no claims are cancelled; claims 1-30 are previously presented; no claims have been added. Claims 1-30 are pending and ready for examination. Response to Arguments Applicant’s arguments, see pages 10-11, filed 28 January 2026, with respect to “35 U.S.C. 103” have been fully considered but they are not persuasive. Applicant argues that Kakishima, Cirik, and Zhang do not teach switching to the second beam to communicate with the base station based at least in part on the index of the reference signal. The examiner respectfully disagrees. While the applicant argues that there is a distinction between Kakishima’s teachings which the applicant argues teaches the base station switching beams in response to UE feedback rather than the UE switching beams, even though in Kakishima’s case it is clear that the UE does switch beams in order to maintain communication with the base station, the problem that exists is that the applicant within their own specification notes that there isn’t any distinction in the context of what is being claimed. From applicant’s specification paragraph [0038]: “a reporting device (UE) may communicate with a scheduling device (BS) using a first beam… The reporting device may switch to the different beam based on transmitting the indication of the reference signal – e.g. either automatically or based on receiving, from the scheduling device, an indication that the different beam has been selected for subsequent communications. This section of the applicant’s own specifications detail that even if the scheduling device (BS) indicates to the reporting device (UE) to make the switch based on UE feedback, that the reporting device (UE) is switching to the different beam. Applicant’s arguments, see page 11, filed 28 January 2026, with respect to “35 U.S.C. 103” have been fully considered but they are not persuasive. Applicant argues that Kakishima, Cirik, and Zhang do not teach determining, from the index of the reference signal, a communication parameter associated with the second beam. The examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller , 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this particular case, the claims make clear that the index of the reference signal associated with a second beam is an identifier for the second beam. This part is where Cirik teaches that one can use various indices like a beam index or a reference signal index. So, the limitation that is being argued states that the UE determines a communication parameter associated with the second beam from the index that identifies the reference signal on the second beam. To the applicant’s argument that Kakishima’s UE measuring the reception quality does not equate to the UE determining the reception quality, the examiner respectfully notes that determining is very broad term that includes the UE knowing the reception quality which includes the UE measuring the reception quality. Prior to measuring the reception quality the UE does not know the reception quality, but only after performing the measurement the UE gains knowledge of the reception quality. To the applicant’s argument this is not from the index of the reference signal, the index of the reference signal is an identifier of the reference signal to the second beam, and the UE measures that reference signal to determine the RSRP in Kakishima. Again, the broadest reasonable interpretation of the claim language is not that the determining is ONLY performed from the index of the reference signal but that it uses the index of the reference signal, which Kakishima does use to determine which reference signal to measure for the RSRP. Examiner is unclear what the applicant is trying to argue here, but respectively notes that all the claim terms used are very broad in their language, e.g. determining, communication parameter, and “from the index of the reference signal” all have broad reasonable interpretations. Examiner’s best guess is that the applicant intended for the UE to determine ONLY from the index of the reference signal, for example, the UE uses a lookup table to determine the communication parameter, but the examiner admits there is likely a misunderstanding between the applicant and examiner of this particular claim limitation. As such, the examiner recommends that the applicant consider to request an interview to better discuss the case in hopes to achieve compact prosecution by minimizing any misunderstandings regarding this application between the parties. Applicant’s arguments, see page 12, filed 28 January 2026, with respect to “35 U.S.C. 103” have been fully considered but they are not persuasive. Applicant argues that Kakishima, Cirik, and Zhang do not teach receiving a message that activates a mode associated with the UE automatically switching to a new beam after indicating the new beam to the base station, wherein the UE switches to the second beam based at least in part on the mode being activated. The examiner respectfully disagrees. As shown in Fig. 3A and [0031]-[0035], the base station 10 transmits a TRS on the beam stream used for beam tracking containing the current beam #0 and candidate beams #1-#6 to the UE (the UE’s received message). Upon receiving the beam stream 51A, the UE 30 measures reception strength of each beam and feeds back to the base station a beam index with a favorable reception state (the mode that is being activated). The UE then switches to the beam index that the UE fed back to the base station, in the example of Kakishima beam #2 (the second beam that the UE switches to after the activated mode). Again, the examiner respectfully reiterates the recommendation that the applicant schedule an interview to address what appears to be further misunderstandings between the parties on the claimed invention. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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 nonobviousness. 07-21-aia AIA Claim s 1, 2, 10-16, 19, 20, and 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Kakishima et al. (US 2017/0094531 A1), hereafter referred Kakishima, in view of Cirik et al. (US 12,133,198 B2), hereafter referred Cirik . Regarding claim 1 , Kakishima teaches a method for wireless communication at a user equipment (UE), comprising: communicating with a base station using a first beam (Kakishima, Fig. 3A and 3B, [0031]-[0035]; a beam stream transmitted from the base station during executing beam tracking includes the base station transmitting a tracking reference signal to the UE on beam #0 that is currently formed for data transmission to the UE and also on beam #1-#6 which are the beam candidates. Beam #0 is the claimed first beam ) ; switching to the second beam to communicate with the base station based at least in part on the index of the reference signal (Kakishima, Fig. 3A and 3B, [0031]-[0035]; the UE measures reception strength of each beam and the UE feeds back to the base station a beam index with a favorable reception state that may be the optimum beam index, the UE may determine beam #2 is the optimum beam index and sends beam index for beam #2 to the base station, thereby triggering the base station to switch the current beam from beam #0 to beam #2 for communication with the UE and the UE arranges beam candidates in the vicinity of beam #2 to transmit a tracking reference signal) ; determining, from the index of the reference signal, a communication parameter associated with the second beam (Kakishima, Fig. 3A and 3B, [0036]-[0038]; the UE can measure the reception quality such as RSRP through the TRS for each beam, including beam #2 that is the claimed second beam ) ; and communicating, based at least in part on the determined communication parameter, with the base station using the second beam (Kakishima, Fig. 3A and 3B, [0036]-[0038]; the UE selects the beam with favorable reception quality from the TRSs traveling with the different beams and uses that beam with favorable reception quality to feedback to the base station and receive downlink data from the base station) . While Kakishima teaches transmitting, to the base station, a beam index associated with a second beam that is different from the first beam (Kakishima, Fig. 3A and 3B, [0031]-[0035]; the UE measures reception strength of each beam from the tracking reference signal transmitted by the beam stream and the UE feeds back to the base station a beam index with a favorable reception state that may be the optimum beam index, the UE may determine beam #2 is the optimum beam index and sends beam index for beam #2 to the base station, thereby triggering the base station to switch the current beam from beam #0 to beam #2 for communication with the UE and the UE arranges beam candidates in the vicinity of beam #2 to transmit a tracking reference signal) , Kakishima does not expressly teach transmitting an index of the reference signal associated with the second beam to the base station instead of the beam index. However, Cirik teaches transmitting an index of the reference signal associated with the second beam to the base station instead of the beam index (Cirik, Column 30, lines 32-46; the wireless device may transmit a beam measurement report after assessing the channel quality for the different beam pair links with the base station, where the beam management report may indicate one or more beam identifications (e.g. a beam index, a reference signal index, or the like), an RSRP, a PMI, a CQI, and/or a RI) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima to include the above recited limitations as taught by Cirik in order to support an alternate way of identifying the beam (Cirik, Column 30, lines 32-46) . Regarding claim 20 , Kakishima teaches an apparatus for wireless communication at a user equipment (UE), comprising: communicate with a base station using a first beam (Kakishima, Fig. 3A and 3B, [0031]-[0035]; a beam stream transmitted from the base station during executing beam tracking includes the base station transmitting a tracking reference signal to the UE on beam #0 that is currently formed for data transmission to the UE and also on beam #1-#6 which are the beam candidates. Beam #0 is the claimed first beam ) ; switch to the second beam to communicate with the base station based at least in part on the index of the reference signal (Kakishima, Fig. 3A and 3B, [0031]-[0035]; the UE measures reception strength of each beam and the UE feeds back to the base station a beam index with a favorable reception state that may be the optimum beam index, the UE may determine beam #2 is the optimum beam index and sends beam index for beam #2 to the base station, thereby triggering the base station to switch the current beam from beam #0 to beam #2 for communication with the UE and the UE arranges beam candidates in the vicinity of beam #2 to transmit a tracking reference signal) ; determine, from the index of the reference signal, a communication parameter associated with the second beam (Kakishima, Fig. 3A and 3B, [0036]-[0038]; the UE can measure the reception quality such as RSRP through the TRS for each beam, including beam #2 that is the claimed second beam ) ; and communicate, based at least in part on the determined communication parameter, with the base station using the second beam (Kakishima, Fig. 3A and 3B, [0036]-[0038]; the UE selects the beam with favorable reception quality from the TRSs traveling with the different beams and uses that beam with favorable reception quality to feedback to the base station and receive downlink data from the base station) . While Kakishima teaches transmit, to the base station, a beam index associated with a second beam that is different from the first beam (Kakishima, Fig. 3A and 3B, [0031]-[0035]; the UE measures reception strength of each beam from the tracking reference signal transmitted by the beam stream and the UE feeds back to the base station a beam index with a favorable reception state that may be the optimum beam index, the UE may determine beam #2 is the optimum beam index and sends beam index for beam #2 to the base station, thereby triggering the base station to switch the current beam from beam #0 to beam #2 for communication with the UE and the UE arranges beam candidates in the vicinity of beam #2 to transmit a tracking reference signal) , Kakishima does not expressly teach a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to: transmit an index of the reference signal associated with the second beam to the base station instead of the beam index. However, Cirik teaches a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor (Cirik, Fig. 15B, Column 44, line 66 – Column 45, line 64; the wireless device may include one or more processors which may execute instructions stored in memory, where the instructions can be computer programs) to cause the apparatus to: transmit an index of the reference signal associated with the second beam to the base station instead of the beam index (Cirik, Column 30, lines 32-46; the wireless device may transmit a beam measurement report after assessing the channel quality for the different beam pair links with the base station, where the beam management report may indicate one or more beam identifications (e.g. a beam index, a reference signal index, or the like), an RSRP, a PMI, a CQI, and/or a RI) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima to include the above recited limitations as taught by Cirik in order to support an alternate way of identifying the beam (Cirik, Column 30, lines 32-46) . Regarding claim 29 , Kakishima teaches an apparatus for wireless communication at a user equipment (UE), comprising: means for communicating with a base station using a first beam (Kakishima, Fig. 3A and 3B, [0031]-[0035]; a beam stream transmitted from the base station during executing beam tracking includes the base station transmitting a tracking reference signal to the UE on beam #0 that is currently formed for data transmission to the UE and also on beam #1-#6 which are the beam candidates. Beam #0 is the claimed first beam ) ; means for switching to the second beam to communicate with the base station based at least in part on the index of the reference signal (Kakishima, Fig. 3A and 3B, [0031]-[0035]; the UE measures reception strength of each beam and the UE feeds back to the base station a beam index with a favorable reception state that may be the optimum beam index, the UE may determine beam #2 is the optimum beam index and sends beam index for beam #2 to the base station, thereby triggering the base station to switch the current beam from beam #0 to beam #2 for communication with the UE and the UE arranges beam candidates in the vicinity of beam #2 to transmit a tracking reference signal) ; means for determining, from the index of the reference signal, a communication parameter associated with the second beam (Kakishima, Fig. 3A and 3B, [0036]-[0038]; the UE can measure the reception quality such as RSRP through the TRS for each beam, including beam #2 that is the claimed second beam ) ; and means for communicating, based at least in part on the determined communication parameter, with the base station using the second beam (Kakishima, Fig. 3A and 3B, [0036]-[0038]; the UE selects the beam with favorable reception quality from the TRSs traveling with the different beams and uses that beam with favorable reception quality to feedback to the base station and receive downlink data from the base station) . While Kakishima teaches means for transmitting, to the base station, a beam index associated with a second beam that is different from the first beam (Kakishima, Fig. 3A and 3B, [0031]-[0035]; the UE measures reception strength of each beam from the tracking reference signal transmitted by the beam stream and the UE feeds back to the base station a beam index with a favorable reception state that may be the optimum beam index, the UE may determine beam #2 is the optimum beam index and sends beam index for beam #2 to the base station, thereby triggering the base station to switch the current beam from beam #0 to beam #2 for communication with the UE and the UE arranges beam candidates in the vicinity of beam #2 to transmit a tracking reference signal) , Kakishima does not expressly teach means for transmitting an index of the reference signal associated with the second beam to the base station instead of the beam index. However, Cirik teaches means (Cirik, Fig. 15B, Column 44, line 66 – Column 45, line 64; the wireless device may include one or more processors which may execute instructions stored in memory, where the instructions can be computer programs) for transmitting an index of the reference signal associated with the second beam to the base station instead of the beam index (Cirik, Column 30, lines 32-46; the wireless device may transmit a beam measurement report after assessing the channel quality for the different beam pair links with the base station, where the beam management report may indicate one or more beam identifications (e.g. a beam index, a reference signal index, or the like), an RSRP, a PMI, a CQI, and/or a RI) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima to include the above recited limitations as taught by Cirik in order to support an alternate way of identifying the beam (Cirik, Column 30, lines 32-46) . Regarding claim 30 , Kakishima teaches a non-transitory computer-readable medium storing code for wireless communication at a user equipment (UE): communicate with a base station using a first beam (Kakishima, Fig. 3A and 3B, [0031]-[0035]; a beam stream transmitted from the base station during executing beam tracking includes the base station transmitting a tracking reference signal to the UE on beam #0 that is currently formed for data transmission to the UE and also on beam #1-#6 which are the beam candidates. Beam #0 is the claimed first beam ) ; switch to the second beam to communicate with the base station based at least in part on the index of the reference signal (Kakishima, Fig. 3A and 3B, [0031]-[0035]; the UE measures reception strength of each beam and the UE feeds back to the base station a beam index with a favorable reception state that may be the optimum beam index, the UE may determine beam #2 is the optimum beam index and sends beam index for beam #2 to the base station, thereby triggering the base station to switch the current beam from beam #0 to beam #2 for communication with the UE and the UE arranges beam candidates in the vicinity of beam #2 to transmit a tracking reference signal) ; determine, from the index of the reference signal, a communication parameter associated with the second beam (Kakishima, Fig. 3A and 3B, [0036]-[0038]; the UE can measure the reception quality such as RSRP through the TRS for each beam, including beam #2 that is the claimed second beam ) ; and communicate, based at least in part on the determined communication parameter, with the base station using the second beam (Kakishima, Fig. 3A and 3B, [0036]-[0038]; the UE selects the beam with favorable reception quality from the TRSs traveling with the different beams and uses that beam with favorable reception quality to feedback to the base station and receive downlink data from the base station) . While Kakishima teaches transmit, to the base station, a beam index associated with a second beam that is different from the first beam (Kakishima, Fig. 3A and 3B, [0031]-[0035]; the UE measures reception strength of each beam from the tracking reference signal transmitted by the beam stream and the UE feeds back to the base station a beam index with a favorable reception state that may be the optimum beam index, the UE may determine beam #2 is the optimum beam index and sends beam index for beam #2 to the base station, thereby triggering the base station to switch the current beam from beam #0 to beam #2 for communication with the UE and the UE arranges beam candidates in the vicinity of beam #2 to transmit a tracking reference signal) , Kakishima does not expressly teach the code comprising instructions executable by a processor to: transmit an index of the reference signal associated with the second beam to the base station instead of the beam index. However, Cirik teaches the code comprising instructions executable by a processor (Cirik, Fig. 15B, Column 44, line 66 – Column 45, line 64; the wireless device may include one or more processors which may execute instructions stored in memory, where the instructions can be computer programs) to: transmit an index of the reference signal associated with the second beam to the base station instead of the beam index (Cirik, Column 30, lines 32-46; the wireless device may transmit a beam measurement report after assessing the channel quality for the different beam pair links with the base station, where the beam management report may indicate one or more beam identifications (e.g. a beam index, a reference signal index, or the like), an RSRP, a PMI, a CQI, and/or a RI) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima to include the above recited limitations as taught by Cirik in order to support an alternate way of identifying the beam (Cirik, Column 30, lines 32-46) . Regarding claim 2 , Kakishima in view of Cirik teaches the method of claim 1 above. Further, Kakishima teaches further comprising: receiving a message that activates a mode associated with the UE automatically switching to a new beam after indicating the new beam to the base station, wherein the UE switches to the second beam based at least in part on the mode being activated (Kakishima, Fig. 3A and 3B, [0031]-[0035]; the UE measures reception strength of each beam and the UE feeds back to the base station a beam index with a favorable reception state that may be the optimum beam index, the UE may determine beam #2 is the optimum beam index and sends beam index for beam #2 to the base station, thereby triggering the base station to switch the current beam from beam #0 to beam #2 for communication with the UE and the UE arranges beam candidates in the vicinity of beam #2 to transmit a tracking reference signal) . Regarding claims 10 and 28 , Kakishima in view of Cirik teaches the method of claim 1 and the apparatus of claim 20 above. Further, Kakishima teaches wherein determining the communication parameter comprises: determining a spatial relationship between a first channel of the reference signal and a downlink control channel, a downlink shared channel, a second channel associated with a downlink reference signal, or any combination thereof (Kakishima, [0034]-[0037]; the UE arranges beam candidates in the vicinity of beam #2 to transmit a tracking reference signal including beam #0) . Regarding claim 11 , Kakishima in view of Cirik teaches the method of claim 10 above. Further, Kakishima teaches wherein determining the communication parameter comprises: determining a relationship between the first channel of the reference signal and a third channel of a synchronization signal block; and determining a time and frequency relationship between the third channel of the synchronization signal block and the downlink control channel, the downlink shared channel, the second channel associated with the downlink reference signal, or any combination thereof (Kakishima, [0031]-[0036]; the UE can use the reference signal and a synchronization signal for beam tracking where these signals can be transmitted over the beam stream) . Regarding claim 12 , Kakishima in view of Cirik teaches the method of claim 10 above. Further, Kakishima teaches wherein determining the communication parameter comprises: determining a relationship between the first channel of the reference signal and a third channel of a periodic channel state information reference signal; and determining a time and frequency relationship between the third channel of the periodic channel state information reference signal and the downlink control channel, the downlink shared channel, the second channel associated with the downlink reference signal, or any combination thereof (Kakishima, [0061]; reference signals such as the TRS and the CSI-RS are mapped to the subcarriers) . Regarding claim 13 , Kakishima in view of Cirik teaches the method of claim 1 above. Further, Kakishima teaches wherein the second beam is a downlink beam (Kakishima, [0053]; the UE signals the selected beam index to the base station so that can become the beam for transmitting the downlink data) . Regarding claim 14 , Kakishima in view of Cirik teaches the method of claim 1 above. Kakishima does not expressly teach wherein determining the communication parameter comprises: selecting a latest set of power control parameters used for an uplink channel associated with the second beam, a latest parameter of pathloss reference signal used for the uplink channel, or both. However, Cirik teaches wherein determining the communication parameter comprises: selecting a latest set of power control parameters used for an uplink channel associated with the second beam, a latest parameter of pathloss reference signal used for the uplink channel, or both (Cirik, Column 117, line 43 – Column 118, line 10; the wireless device may determine the reference/default CORESET that can be the downlink control channel transmission occasion where the wireless device can monitor for the reference downlink control signal which includes the reception of the CSI-RS used as a pathloss reference signal ) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima to include the above recited limitations as taught by Cirik in order to reduce the possibility of beam misalignment (Cirik, Column 1, lines 32-39) . Regarding claim 15 , Kakishima in view of Cirik teaches the method of claim 1 above. Kakishima does not expressly teach further comprising: receiving, in control signaling and prior to switching to the second beam, a set of power control parameters associated with an uplink channel associated with the second beam, wherein determining the communication parameter comprises selecting the set of power control parameters. However, Cirik teaches further comprising: receiving, in control signaling and prior to switching to the second beam, a set of power control parameters associated with an uplink channel associated with the second beam, wherein determining the communication parameter comprises selecting the set of power control parameters (Cirik, Column 37, line 23 – Column 38, line 10; the RACH parameters that the wireless device received in the configuration message may indicate a power control for the preamble and transport block, to enable the wireless device to determine a reception timing and downlink channel to monitor for receiving second message) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima to include the above recited limitations as taught by Cirik in order to reduce the possibility of beam misalignment (Cirik, Column 1, lines 32-39) . Regarding claim 16 , Kakishima in view of Cirik teaches the method of claim 1 above. Kakishima does not expressly teach wherein determining the communication parameter comprises: selecting a default set of power control parameters, a default parameter of a pathloss reference signal, or both. However, Cirik teaches wherein determining the communication parameter comprises: selecting a default set of power control parameters, a default parameter of a pathloss reference signal, or both (Cirik, Column 127, line 43 – Column 128, line 10; the wireless device may determine for reception of the downlink signal the default TCI state which includes the reception of the CSI-RS used as a pathloss reference signal ) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima to include the above recited limitations as taught by Cirik in order to reduce the possibility of beam misalignment (Cirik, Column 1, lines 32-39) . Regarding claim 19 , Kakishima in view of Cirik teaches the method of claim 1 above. Kakishima does not expressly teach wherein the second beam is an uplink beam. However, Cirik teaches wherein the second beam is an uplink beam (Cirik, Column 30, lines 20-31; the wireless device may perform an uplink beam selection procedure to determine the spatial domain filter of the Tx beam) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima to include the above recited limitations as taught by Cirik in order to reduce the possibility of beam misalignment (Cirik, Column 1, lines 32-39) . 07-22-aia AIA Claim s 3-9, 17, 18, and 21-27 are rejected under 35 U.S.C. 103 as being unpatentable over Kakishima in view of Cirik as applied to claim s 1 and 20 above, and further in view of Zhang et al. (US 2024/0283575 A1), hereafter referred Zhang . Regarding claims 3 and 21 , Kakishima in view of Cirik teaches the method of claim 1 and the apparatus of claim 20 above. Kakishima in view of Cirik does not expressly teach receiving, based at least in part on communicating with the base station using the first beam, the reference signal using a transmission configuration indicator state. However, Zhang teaches receiving, based at least in part on communicating with the base station using the first beam, the reference signal using a transmission configuration indicator state (Zhang, [0041]-[0043]; the base station may provide TCI state information to the UE to indicate QCL relationships for reference signals and control signaling) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima in view of Cirik to include the above recited limitations as taught by Zhang in order to optimize antenna gains and overall system performance (Zhang, [0036]-[0041]) . Regarding claims 4 and 22 , Kakishima in view of Cirik further in view of Zhang teaches the method of claim 3 and the apparatus of claim 21 above. Kakishima in view of Cirik does not expressly teach wherein determining the communication parameter comprises: selecting, for receiving downlink communications from the base station, the transmission configuration indicator state used to receive the reference signal. However, Zhang teaches wherein determining the communication parameter comprises: selecting, for receiving downlink communications from the base station, the transmission configuration indicator state used to receive the reference signal (Zhang, [0041]-[0043]; one or more TCI states may be dynamically selected to indicate which are to be used for subsequent transmissions) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima in view of Cirik to include the above recited limitations as taught by Zhang in order to optimize antenna gains and overall system performance (Zhang, [0036]-[0041]) . Regarding claims 5 and 23 , Kakishima in view of Cirik further in view of Zhang teaches the method of claim 4 and the apparatus of claim 22 above. Kakishima in view of Cirik does not expressly teach further comprising: determining a relationship between a first channel associated with the reference signal and a downlink control channel, a downlink shared channel, a second channel associated with a downlink reference signal, or any combination thereof, the relationship being based at least in part on common time and frequency characteristics, common spatial characteristics, or both. However, Zhang teaches further comprising: determining a relationship between a first channel associated with the reference signal and a downlink control channel, a downlink shared channel, a second channel associated with a downlink reference signal, or any combination thereof, the relationship being based at least in part on common time and frequency characteristics, common spatial characteristics, or both (Zhang, [0041]-[0043]; the base station may provide TCI state information to the UE to indicate QCL relationships for reference signals and downlink data or control signaling) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima in view of Cirik to include the above recited limitations as taught by Zhang in order to optimize antenna gains and overall system performance (Zhang, [0036]-[0041]) . Regarding claims 6 and 24 , Kakishima in view of Cirik teaches the method of claim 1 and the apparatus of claim 20 above. Kakishima in view of Cirik does not expressly teach wherein determining the communication parameter comprises: selecting a transmission configuration indicator state of the reference signal that indicates a spatial relationship between a first channel associated with the reference signal and a downlink control channel, a downlink shared channel, a second channel associated with a downlink reference signal, or any combination thereof. However, Zhang teaches wherein determining the communication parameter comprises: selecting a transmission configuration indicator state of the reference signal that indicates a spatial relationship between a first channel associated with the reference signal and a downlink control channel, a downlink shared channel, a second channel associated with a downlink reference signal, or any combination thereof (Zhang, [0041]-[0043]; the base station may provide TCI state information to the UE to indicate QCL relationships for reference signals and downlink data or control signaling and the TCI states may be dynamically selected and signaled to indicate which TCI state are to be used for subsequent transmissions) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima in view of Cirik to include the above recited limitations as taught by Zhang in order to optimize antenna gains and overall system performance (Zhang, [0036]-[0041]) . Regarding claims 7 and 25 , Kakishima in view of Cirik further in view of Zhang teaches the method of claim 6 and the apparatus of claim 24 above. Kakishima in view of Cirik does not expressly teach further comprising: determining that a plurality of transmission configuration indicator states of the reference signal indicate the spatial relationship; and selecting the transmission configuration indicator state based at least in part on an index of the transmission configuration indicator state. However, Zhang teaches further comprising: determining that a plurality of transmission configuration indicator states of the reference signal indicate the spatial relationship; and selecting the transmission configuration indicator state based at least in part on an index of the transmission configuration indicator state (Zhang, [0041]-[0043]; the base station may provide TCI state information to the UE to indicate QCL relationships for reference signals and downlink data or control signaling and the TCI states may be dynamically selected and signaled to indicate which TCI state are to be used for subsequent transmissions) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima in view of Cirik to include the above recited limitations as taught by Zhang in order to optimize antenna gains and overall system performance (Zhang, [0036]-[0041]) . Regarding claims 8 and 26 , Kakishima in view of Cirik teaches the method of claim 1 and the apparatus of claim 20 above. Kakishima in view of Cirik does not expressly teach wherein determining the communication parameter comprises: selecting a transmission configuration indicator state of a second reference signal that indicates a spatial relationship between a first channel associated with the reference signal and a second channel associated with the second reference signal. However, Zhang teaches wherein determining the communication parameter comprises: selecting a transmission configuration indicator state of a second reference signal that indicates a spatial relationship between a first channel associated with the reference signal and a second channel associated with the second reference signal (Zhang, [0041]-[0043]; the base station may provide TCI state information to the UE to indicate QCL relationships for reference signals and downlink data or control signaling and each TCI state may indicate the QCL Type that has four types, where QCL Type D indicates sharing a spatial relationship and the TCI states may be dynamically selected and signaled to indicate which TCI state are to be used for subsequent transmissions) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima in view of Cirik to include the above recited limitations as taught by Zhang in order to optimize antenna gains and overall system performance (Zhang, [0036]-[0041]) . Regarding claims 9 and 27 , Kakishima in view of Cirik further in view of Zhang teaches the method of claim 8 and the apparatus of claim 26 above. Kakishima in view of Cirik does not expressly teach further comprising: determining that a plurality of transmission configuration indicator states of the second reference signal indicate the spatial relationship; and selecting the transmission configuration indicator state based at least in part on an index of the transmission configuration indicator state. However, Zhang teaches further comprising: determining that a plurality of transmission configuration indicator states of the second reference signal indicate the spatial relationship; and selecting the transmission configuration indicator state based at least in part on an index of the transmission configuration indicator state (Zhang, [0041]-[0043]; the base station may provide TCI state information to the UE to indicate QCL relationships for reference signals and downlink data or control signaling and each TCI state may indicate the QCL Type that has four types, where QCL Type D indicates sharing a spatial relationship and the TCI states may be dynamically selected and signaled to indicate which TCI state are to be used for subsequent transmissions) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima in view of Cirik to include the above recited limitations as taught by Zhang in order to optimize antenna gains and overall system performance (Zhang, [0036]-[0041]) . Regarding claim 17 , Kakishima in view of Cirik teaches the method of claim 1 above. Kakishima in view of Cirik does not expressly teach further comprising: selecting a transmission configuration indicator state based at least in part on the index of the reference signal, wherein determining the communication parameter comprises selecting a parameter of a pathloss reference signal based at least in part on the transmission configuration indicator state. However, Zhang teaches further comprising: selecting a transmission configuration indicator state based at least in part on the index of the reference signal, wherein determining the communication parameter comprises selecting a parameter of a pathloss reference signal based at least in part on the transmission configuration indicator state (Zhang, [0041]-[0043]; the base station may provide TCI state information to the UE to indicate QCL relationships for reference signals and downlink data or control signaling and each TCI state may indicate the QCL Type that has four types, where QCL Type D indicates sharing a spatial relationship and the TCI states may be dynamically selected and signaled to indicate which TCI state are to be used for subsequent transmissions) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima in view of Cirik to include the above recited limitations as taught by Zhang in order to optimize antenna gains and overall system performance (Zhang, [0036]-[0041]) . Regarding claim 18 , Kakishima in view of Cirik further in view of Zhang teaches the method of claim 17 above. Kakishima does not expressly teach wherein the pathloss reference signal is periodic, and wherein a first channel of the reference signal has a relationship with a channel of the pathloss reference signal. However, Cirik teaches wherein the pathloss reference signal is periodic, and wherein a first channel of the reference signal has a relationship with a channel of the pathloss reference signal (Cirik, Column 29, lines 24-45 and Column 33, line 16 – Column 34, line 39; the CSI-RS can be used to determine a pathloss measurement, where the CSI-RS configuration includes periodicity parameter, symbol and resource element locations, and QCL parameters) . It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Kakishima to include the above recited limitations as taught by Cirik in order to reduce the possibility of beam misalignment (Cirik, Column 1, lines 32-39) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 . THIS ACTION IS MADE FINAL. 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 RODRICK MAK whose telephone number is (571)270-0284. The examiner can normally be reached Monday - Friday 9:30 am - 5:30 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, Noel Beharry can be reached at 571-270-5630. 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. /R.M./Examiner, Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416 Application/Control Number: 18/554,975 Page 2 Art Unit: 2416 Application/Control Number: 18/554,975 Page 3 Art Unit: 2416 Application/Control Number: 18/554,975 Page 4 Art Unit: 2416 Application/Control Number: 18/554,975 Page 5 Art Unit: 2416 Application/Control Number: 18/554,975 Page 6 Art Unit: 2416 Application/Control Number: 18/554,975 Page 7 Art Unit: 2416 Application/Control Number: 18/554,975 Page 8 Art Unit: 2416 Application/Control Number: 18/554,975 Page 9 Art Unit: 2416 Application/Control Number: 18/554,975 Page 10 Art Unit: 2416 Application/Control Number: 18/554,975 Page 11 Art Unit: 2416 Application/Control Number: 18/554,975 Page 12 Art Unit: 2416 Application/Control Number: 18/554,975 Page 13 Art Unit: 2416 Application/Control Number: 18/554,975 Page 14 Art Unit: 2416 Application/Control Number: 18/554,975 Page 15 Art Unit: 2416 Application/Control Number: 18/554,975 Page 16 Art Unit: 2416 Application/Control Number: 18/554,975 Page 17 Art Unit: 2416 Application/Control Number: 18/554,975 Page 18 Art Unit: 2416 Application/Control Number: 18/554,975 Page 19 Art Unit: 2416 Application/Control Number: 18/554,975 Page 20 Art Unit: 2416 Application/Control Number: 18/554,975 Page 21 Art Unit: 2416 Application/Control Number: 18/554,975 Page 22 Art Unit: 2416 Application/Control Number: 18/554,975 Page 23 Art Unit: 2416 Application/Control Number: 18/554,975 Page 24 Art Unit: 2416 Application/Control Number: 18/554,975 Page 25 Art Unit: 2416 Application/Control Number: 18/554,975 Page 26 Art Unit: 2416 Application/Control Number: 18/554,975 Page 27 Art Unit: 2416 Application/Control Number: 18/554,975 Page 28 Art Unit: 2416
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Prosecution Timeline

Oct 11, 2023
Application Filed
Nov 24, 2025
Non-Final Rejection mailed — §103
Jan 28, 2026
Response Filed
Jun 04, 2026
Final Rejection mailed — §103
Jul 14, 2026
Examiner Interview Summary
Jul 14, 2026
Applicant Interview (Telephonic)

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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
76%
Grant Probability
99%
With Interview (+26.2%)
3y 5m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 249 resolved cases by this examiner. Grant probability derived from career allowance rate.

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