Prosecution Insights
Last updated: April 19, 2026
Application No. 18/562,091

SEMI-PERSISTENT SCHEDULED FEEDBACK DEFERRAL WITH CARRIER SWITCHING IN UPLINK CARRIER AGGREGATION

Non-Final OA §103
Filed
Nov 17, 2023
Examiner
KAVLESKI, RYAN C
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
513 granted / 604 resolved
+26.9% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
635
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
16.8%
-23.2% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 604 resolved cases

Office Action

§103
DETAILED ACTION In response to communication filed on 11/17/2023. Claims 1-30 are pending. Claims 1-5,15-20 and 26-30 are rejected. Claims 6-14 and 21-25 are objected to for having allowable subject matter. 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/17/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. 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. Claims 1-5,15-20 and 26-30 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (US Pub. 2024/0163877)(X1 hereafter) in view of Wang et al. (US Pub. 2024/0080774)(W1 hereafter). Regarding claims 1 and 27, X1 teaches an apparatus for wireless communication at a user equipment (UE)(i.e. terminal)[refer Fig. 9; 900][paragraph 0166], comprising: a processor [refer Fig. 9; 910]; memory coupled with the processor [refer Fig. 9; 920]; and instructions stored in the memory and executable by the processor [paragraph 0168] to cause the apparatus to: monitor a first slot for a semi-persistent scheduled transmission (i.e. downlink slot for SPS PDSCH)[paragraph 0059] on a plurality of serving cells in a physical uplink control channel group (SPS HARQ-ACK is configured for a PUCCH cell group)[paragraph 0055], the semi-persistent scheduled transmission is associated with a target slot for feedback information (i.e. HARQ-ACK)[paragraph 0059]; select between the target slot and a subsequent second slot (i.e. a deferred slot) to transmit the feedback information for the semi-persistent scheduled transmission [paragraph 0059], the selecting is in accordance with an availability of uplink resources during the target slot (i.e. whether transmitting the HARQ-ACK on the PUCCH resource is unavailable)[paragraph 0072]; and transmit, to a base station, the feedback information for the semi- persistent scheduled transmission on the target slot or the subsequent second slot according to the selection [paragraph 0059]. However, X1 fails to expressly disclose monitor a first slot for a semi-persistent scheduled transmission on a first serving cell of a plurality of serving cells, the selecting is in accordance with an availability of uplink resources on the plurality of serving cells during the target slot. W1 discloses that a network device can provide a plurality of serving cells to a terminal [paragraph 0050], and a cell group to a terminal device, in which a PCell can be configured for PUCCH transmission for HARQ feedback for the cell group [paragraph 0051]. 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 teachings of X1 for deferring HARQ feedback for a terminal being served by a network device [refer X1; paragraph 0059] to incorporate the use of a primary or serving cell of a plurality of cells for a terminal device to receive PDSCH receptions and provide HARQ feedback as taught by W1. One would be motivated to do so to provide a means of reducing latency for HARQ feedback for a cell group [refer W1; Abstract]. Regarding claims 2 and 28, X1 teaches, selecting between the target slot and the subsequent second slot (i.e. deferred slot) to transmit the feedback information for the semi-persistent scheduled transmission [paragraph 0059] is in accordance with the availability of uplink resources [paragraph 0063]. However, X1 doesn’t expressly disclose selecting a target serving cell of the plurality of serving cells based at least in part on a time pattern according to a first reference numerology, and the uplink resources are for the target serving cell. W1 discloses that a network device can provide a plurality of serving cells to a terminal [paragraph 0050], a device can determine reference numerology from numerologies corresponding to a set of cells for PUCCH transmission, and based upon a reference numerology and timing value (i.e. timing pattern) the device can determine a slot for transmitting HARQ feedback and a target cell for the slot [paragraph 0074]. 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 teachings of X1 for deferring HARQ feedback for a terminal being served by a network device [refer X1; paragraph 0059] to incorporate the use of a cell of a plurality of cells for a terminal device to provide HARQ feedback as taught by W1. One would be motivated to do so to provide a means of reducing latency for HARQ feedback for a cell group [refer W1; Abstract]. Regarding claim 3, X1 teaches identifying, during the target slot, a scheduling conflict between uplink transmission of the feedback information and a downlink reception [paragraph 0076]; and selecting between the target slot and the subsequent second slot (i.e. deferred slot) to transmit the feedback information for the semi-persistent scheduled transmission is in accordance with the availability of uplink resources on serving cells (i.e. cell group) during the target slot [paragraph 0077]. However, X1 fails to disclose the identifying is for the target serving cell during the target slot, and scanning (i.e. determining), according to a predefined ordering, and remaining serving cells of the plurality of serving cells for the availability of uplink resources to transmit the feedback information, availability of uplink resources are on at least one serving cell of the remaining serving cells. W1 discloses that that a terminal can receive indications of a PUCCH carrier switch that provides a target cell for HARQ feedback on a cell in a cell group [paragraph 0057], the terminal determines a cell with the highest priority among available cells to transmit HARQ feedback when there are enough valid symbols in the slot (i.e. availability)[paragraph 0081], the number of serving cells are defined in an ascending order of priority of the cell in the set [paragraph 0087][refer Table 1]. 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 teachings of X1 for deferring HARQ feedback for a terminal being served by a network device [refer X1; paragraph 0059] to incorporate the use of a cell of a plurality of cells for a terminal device to provide HARQ feedback as taught by W1. One would be motivated to do so to provide a means of reducing latency for HARQ feedback for a cell group [refer W1; Abstract]. Regarding claim 4, X1 teaches identifying, for the target slot, a scheduling conflict between uplink transmission of the feedback information and a downlink reception [paragraph 0076]; and deferring transmission of the feedback information to the subsequent second slot (i.e. deferred slot) based at least in part on identifying the scheduling conflict [paragraph 0079], selecting the subsequent second slot is in accordance with the availability of uplink resources on the plurality of serving cells [paragraph 0079]. However, X1 fails to disclose selecting a target serving cell of the plurality of serving cells based at least in part on a time pattern according to a first reference numerology. W1 discloses that a network device can provide a plurality of serving cells to a terminal [paragraph 0050], a device can determine reference numerology from numerologies corresponding to a set of cells for PUCCH transmission, and based upon a reference numerology and timing value (i.e. timing pattern) the device can determine a slot for transmitting HARQ feedback and a target cell for the slot [paragraph 0074]. 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 teachings of X1 for deferring HARQ feedback for a terminal being served by a network device [refer X1; paragraph 0059] to incorporate the use of a cell of a plurality of cells with particular reference numerologies and timing for a terminal device to provide HARQ feedback as taught by W1. One would be motivated to do so to provide a means of reducing latency for HARQ feedback for a cell group [refer W1; Abstract]. Regarding claim 5, X1 teaches identifying a maximum deferral value for each serving cell of the plurality of serving cells (the limit on the maximum deferral of SPS HARQ can be defined)[paragraph 0052], deferring transmission of the feedback information is based at least in part on identifying the maximum deferral value [paragraph 0052]. Regarding claim 15, X1 teaches generating the feedback information for the semi-persistent scheduled transmission based at least in part on the monitoring [paragraph 0063], selecting between the target slot and the subsequent second slot is based at least in part on generating the feedback information [paragraph 0067]. Regarding claim 16, X1 doesn’t expressly disclose the first serving cell is a primary cell and remaining serving cells of the plurality of serving cells are secondary cells. W1 discloses that a network device can provide a plurality of serving cells to a terminal, such as a primary, a primary secondary and a secondary cell [paragraph 0050], and a cell group to a terminal device is configured for PUCCH transmission for HARQ feedback [paragraph 0051]. 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 teachings of X1 for deferring HARQ feedback for a terminal being served by a network device [refer X1; paragraph 0059] to incorporate the use of a primary or serving cell of a plurality of cells for a terminal device to receive PDSCH receptions and provide HARQ feedback as taught by W1. One would be motivated to do so to provide a means of reducing latency for HARQ feedback for a cell group [refer W1; Abstract]. Regarding claims 17 and 29, X1 teaches an apparatus for wireless communication at a base station [refer Fig. 9; 900][paragraph 0166], comprising: a processor [refer Fig. 9; 910]; memory coupled with the processor [refer Fig. 9; 920]; and instructions stored in the memory and executable by the processor [paragraph 0168] to cause the apparatus to: transmit, to a user equipment (UE)(i.e. terminal), a semi-persistent scheduled transmission on a first slot (i.e. downlink slot for SPS PDSCH)[paragraph 0059] and a plurality of serving cells in a physical uplink control channel group (SPS HARQ-ACK is configured for a PUCCH cell group)[paragraph 0055], the semi-persistent scheduled transmission is associated with a target slot for feedback information (i.e. HARQ-ACK)[paragraph 0059]; and receive, from the UE, the feedback information for the semi-persistent scheduled transmission on a target slot or a subsequent second slot (i.e. deferred slot)[paragraph 0059], either the target slot or the subsequent second slot is selected in accordance with an availability of uplink resources during the target slot (i.e. whether transmitting the HARQ-ACK on the PUCCH resource is unavailable)[paragraph 0072]. However, X1 fails to expressly disclose a semi-persistent scheduled transmission on a first slot and a first serving cell of a plurality of serving cells, either the target slot or the subsequent second slot is selected in accordance with an availability of uplink resources on the plurality of serving cells during the target slot. W1 discloses that a network device can provide a plurality of serving cells to a terminal [paragraph 0050], and a cell group to a terminal device, in which a PCell (i.e. serving cell) can be configured for PUCCH transmission for HARQ feedback for the cell group [paragraph 0051]. 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 teachings of X1 for deferring HARQ feedback for a terminal being served by a network device [refer X1; paragraph 0059] to incorporate the use of a primary or serving cell of a plurality of cells for a terminal device to receive PDSCH receptions and provide HARQ feedback as taught by W1. One would be motivated to do so to provide a means of reducing latency for HARQ feedback for a cell group [refer W1; Abstract]. Regarding claims 18 and 30, X1 teaches the target slot is selected in accordance with the availability of uplink resources on the target serving cell [paragraph 0063]. However, X1 fails to disclose selecting a target serving cell of the plurality of serving cells based at least in part on a time pattern according to a first reference numerology. W1 discloses that a network device can provide a plurality of serving cells to a terminal [paragraph 0050], a device can determine reference numerology from numerologies corresponding to a set of cells for PUCCH transmission, and based upon a reference numerology and timing value (i.e. timing pattern) the device can determine a slot for transmitting HARQ feedback and a target cell for the slot [paragraph 0074]. 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 teachings of X1 for deferring HARQ feedback for a terminal being served by a network device [refer X1; paragraph 0059] to incorporate the use of a cell of a plurality of cells for a terminal device to provide HARQ feedback as taught by W1. One would be motivated to do so to provide a means of reducing latency for HARQ feedback for a cell group [refer W1; Abstract]. Regarding claim 19, X1 teaches identifying, during the target slot, a scheduling conflict between uplink transmission of the feedback information and a downlink reception [paragraph 0076]; and configuring the UE to scan for the availability of uplink resources to transmit the feedback information, the target slot is selected in accordance with the availability of uplink resources on serving cells during the target slot [paragraph 0077]. However, X1 fails to disclose identifying for the target serving cell, configuring the UE to scan, according to a predefined ordering, remaining serving cells of the plurality of serving cells for the availability of uplink resources to transmit the feedback information, the target slot is selected in accordance with the availability of uplink resources on at least one serving cell of the remaining serving cells. W1 discloses that that a terminal can receive indications of a PUCCH carrier switch that provides a target cell for HARQ feedback on a cell in a cell group [paragraph 0057], the terminal determines a cell with the highest priority among available cells to transmit HARQ feedback when there are enough valid symbols in the slot (i.e. availability)[paragraph 0081], the number of serving cells are defined in an ascending order of priority of the cell in the set [paragraph 0087][refer Table 1]. 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 teachings of X1 for deferring HARQ feedback for a terminal being served by a network device [refer X1; paragraph 0059] to incorporate the use of a cell of a plurality of cells for a terminal device to provide HARQ feedback as taught by W1. One would be motivated to do so to provide a means of reducing latency for HARQ feedback for a cell group [refer W1; Abstract]. Regarding claim 20, X1 teaches identifying, for the target slot, a scheduling conflict between uplink transmission of the feedback information and a downlink reception [paragraph 0076]; and configuring the UE to defer transmission of the feedback information to the subsequent second slot (i.e. deferred slot) based at least in part on identifying the scheduling conflict [paragraph 0079], the subsequent second slot is selected in accordance with the availability of uplink resources on the plurality of serving cells [paragraph 0079]. However, X1 fails to disclose configuring the UE to select a target serving cell of the plurality of serving cells based at least in part on a time pattern according to a first reference numerology. W1 discloses that a network device can provide a plurality of serving cells to a terminal [paragraph 0050], a device can determine reference numerology from numerologies corresponding to a set of cells for PUCCH transmission, and based upon a reference numerology and timing value (i.e. timing pattern) the device can determine a slot for transmitting HARQ feedback and a target cell for the slot [paragraph 0074]. 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 teachings of X1 for deferring HARQ feedback for a terminal being served by a network device [refer X1; paragraph 0059] to incorporate the use of a cell of a plurality of cells with particular reference numerologies and timing for a terminal device to provide HARQ feedback as taught by W1. One would be motivated to do so to provide a means of reducing latency for HARQ feedback for a cell group [refer W1; Abstract]. Regarding claim 26, X1 fails to disclose that the first serving cell is a primary cell and remaining serving cells of the plurality of serving cells are secondary cells. W1 discloses that a network device can provide a plurality of serving cells to a terminal, such as a primary, a primary secondary and a secondary cell [paragraph 0050], and a cell group to a terminal device is configured for PUCCH transmission for HARQ feedback [paragraph 0051]. 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 teachings of X1 for deferring HARQ feedback for a terminal being served by a network device [refer X1; paragraph 0059] to incorporate the use of a primary or serving cell of a plurality of cells for a terminal device to receive PDSCH receptions and provide HARQ feedback as taught by W1. One would be motivated to do so to provide a means of reducing latency for HARQ feedback for a cell group [refer W1; Abstract]. Allowable Subject Matter Claims 6-14 and 21-25 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. The following is a statement of reasons for the indication of allowable subject matter: the prior art, alone or in combination, fails to disclose or reasonably suggest identifying the target slot based at least in part on a delay parameter according to a second reference numerology, deferring transmission of the feedback information is based at least in part on identifying the target slot, as indicated in claims 6 and 21, identifying a subset of serving cells of the plurality of serving cells that are configured for deferred transmission on the subsequent second slot and selecting a second target serving cell of the subset of serving cells for transmission of the feedback information on the subsequent second slot based at least in part on the time pattern, as indicated in claim 11. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chien et al. (US Pub. 2024/0381366) discloses a UE determining a target slot that can be transmission of deferred SPS HARQ-ACK if a condition occurs [paragraph 0083], such as if the symbols are valid and not colliding [paragraph 0084]. Salah et al. (US Pub. 2024/0121062) discloses that a time domain pattern configuration for PUCCH can be based upon a numerology of a reference cell [paragraph 0021]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN C KAVLESKI whose telephone number is (571)270-3619. The examiner can normally be reached M-F 6:30am-3pm. 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, Charles C Jiang can be reached on 571-270-7191. 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. Ryan Kavleski /R. K./ Examiner, Art Unit 2412 /CHARLES C JIANG/Supervisory Patent Examiner, Art Unit 2412
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Prosecution Timeline

Nov 17, 2023
Application Filed
Feb 02, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+14.4%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 604 resolved cases by this examiner. Grant probability derived from career allow rate.

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