Prosecution Insights
Last updated: April 19, 2026
Application No. 18/566,874

TRANSMITTING SCHEDULING REQUESTS DURING A BEAM FAILURE RECOVERY

Non-Final OA §102§103§112
Filed
Dec 04, 2023
Examiner
NDIAYE, CHEIKH T
Art Unit
2447
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
98%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
564 granted / 717 resolved
+20.7% vs TC avg
Strong +19% interview lift
Without
With
+19.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
23 currently pending
Career history
740
Total Applications
across all art units

Statute-Specific Performance

§101
13.0%
-27.0% vs TC avg
§103
35.9%
-4.1% vs TC avg
§102
31.6%
-8.4% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 717 resolved cases

Office Action

§102 §103 §112
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 . The claims 1-30 are pending. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation "a second TRP" in line 6 and “ a second TRP associated with the serving cell or…” in lines 9-10. It is unclear whether the claim limitation “a second TRP” is the same as recited in both limitations. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-2, 13-17, and 28-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Matsumura et al (US Publication No. 2024/0073906 A1). With respect to claim 1, Matsumura teaches an apparatus for wireless communication at a user equipment (UE) (User Equipment), comprising: a memory; and one or more processors, coupled to the memory (Fig. 10), configured to: detect a beam failure at a first transmission-reception point (TRP) associated with a serving cell (paragraph 0011; 0113 disclose when beam failure has been detected in a plurality of TRPs (for example, all TRPs) in an SCell); transmit, to a base station via a second TRP, a scheduling request (SR) for a beam failure recovery (BFR) via a first SR physical uplink control channel (PUCCH) resource (paragraph 0068; 0108-0113; Fig. 4 disclose when beam failure has been detected in a plurality of TRPs in an SCell, the UE may control SR transmission by using a default spatial relation (option 1) or a default PUCCH resource (option 2)); detect a beam failure at a second TRP associated with the serving cell or another serving cell (paragraph 0113 disclose when beam failure has been detected in a plurality of TRPs (for example, all TRPs) in an SCell); and transmit, to the base station, the SR via a second SR PUCCH resource with a spatial relation configured for the SR (paragraph 0068; 0108-0113; Fig. 4 disclose when beam failure has been detected in a plurality of TRPs in an SCell, the UE may control SR transmission by using a default spatial relation (option 1) or a default PUCCH resource (option 2)). With respect to claim 2, Matsumura teaches wherein: the first SR PUCCH resource and the second SR PUCCH resource with the spatial relation configured for the SR are different SR PUCCH resources of the SR; or the first SR PUCCH resource and the second SR PUCCH resource with the spatial relation configured for the SR are same SR PUCCH resources of the SR but with different spatial relations (Fig. 2A-2C disclose two SR PUCCH resources and where one spatial relation is configured for each SR PUCCH resource or one SR PUCCH resource and two spatial relations are configured for the SR PUCCH resource). With respect to claim 13, Matsumura teaches wherein the serving cell is a secondary cell or a special cell (paragraph 0075 discloses a serving cell/cell may be interpreted as a PCell, a PSCell, an SpCell, or an SCel). With respect to claim 14, Matsumura teaches wherein the SR is associated with an SR resource (Fig.2A-C disclose SR PUCCH resource), wherein the SR resource is configured via an SR resource configuration with PUCCH resources with up to two spatial relations, and wherein the PUCCH resources include two PUCCH resources each configured with one spatial relation or one PUCCH resource configured with two different spatial relations (Fig. 2A-C and 7A-B disclose SR configurations including two different PUCCH resources with two separate spatial relations and one PUCCH resource with two different spatial relations). With respect to claim 15, Matsumura teaches an apparatus for wireless communication at a base station (paragraph 0001; Fig. 15), comprising: a memory; and one or more processors, coupled to the memory (Fig. 15), configured to: receive, from a user equipment (UE) via a second transmission-reception point (TRP) based at least in part on a beam failure at a first TRP associated with a serving cell, a scheduling request (SR) for a beam failure recovery (BFR) via a first SR physical uplink control channel (PUCCH) resource (paragraph 0068; 0108-0113; Fig. 4 disclose when beam failure has been detected in a plurality of TRPs in an SCell, the UE may control SR transmission by using a default spatial relation (option 1) or a default PUCCH resource (option 2)); and receive, from the UE based at least in part on a beam failure at the second TRP associated with the serving cell or another serving cell, the SR via a second SR PUCCH resource with a spatial relation configured for the SR (paragraph 0068; 0108-0113; Fig. 4 disclose when beam failure has been detected in a plurality of TRPs in an SCell, the UE may control SR transmission by using a default spatial relation (option 1) or a default PUCCH resource (option 2)). The limitations of claim 16 are rejected in the analysis of claim 1 above, and the claim is rejected on that basis. The limitations of claim 17 are rejected in the analysis of claim 2 above, and the claim is rejected on that basis. The limitations of claim 28 are rejected in the analysis of claim 13 above, and the claim is rejected on that basis. The limitations of claim 29 are rejected in the analysis of claim 14 above, and the claim is rejected on that basis. The limitations of claim 30 are rejected in the analysis of claim 15 above, and the claim is rejected on that basis. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 3-6, 8, 12, 18-21, 23, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumura et al (US Publication No. 2024/0073906 A1) in view of Agiwal et al (US Publication No. 2022/0046441 A1). With respect to claim 3, Matsumura discloses the claimed subject matter as discussed above except wherein the SR is transmitted via the second SR PUCCH resource with the spatial relation configured for the SR based at least in part on no uplink grant being available for the UE. However, Agiwal teaches wherein the SR is transmitted via the second SR PUCCH resource with the spatial relation configured for the SR based at least in part on no uplink grant being available for the UE (paragraph 0186 disclose triggering SR if UL grant is not available for transmitting BFR MAC CE or truncated BFR MAC CE or trigger SR if UL grant is available but cannot accommodate neither BFR MAC CE plus its subheader nor truncated BFR MAC CE plus its subheader) in order to accommodate SR transmission. Therefore, based on Matsumura in view of Agiwal, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Agiwal to the system of Matsumura in order to accommodate SR transmission. With respect to claim 4, Matsumura discloses the claimed subject matter as discussed above except wherein the one or more processors are further configured to: receive, from the base station, an uplink grant; and transmit, to the base station via the uplink grant, a multi-TRP BFR medium access control control element (MAC-CE) or a truncated multi-TRP BFR MAC-CE that indicates a failed TRP index and a UE-preferred new beam. However, Agiwal teaches wherein the one or more processors are further configured to: receive, from the base station, an uplink grant (paragraph 0060 disclose receiving UL grant in RAR); and transmit, to the base station via the uplink grant, a multi-TRP BFR medium access control control element (MAC-CE) or a truncated multi-TRP BFR MAC-CE that indicates a failed TRP index and a UE-preferred new beam (paragraph 0112; 0183-0185 disclose If UL grant is available and can accommodate (truncated) BFR MAC CE plus its subheader, generate and transmit (truncated) BFR MAC CE 600, 700 in UL grant. In an embodiment, SR trigger, generation and transmission of (truncated) BFR MAC CE as explained above is performed, only if there is at least one SCell for which BFR is triggered and not cancelled and evaluation of candidate beams in list of candidate beams of TRP(s) for which beam failure is detected is completed) in order to accommodate SR transmission. Therefore, based on Matsumura in view of Agiwal, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Agiwal to the system of Matsumura in order to accommodate SR transmission. With respect to claim 5, Matsumura discloses the claimed subject matter as discussed above except wherein the one or more processors are further configured to: receive, from the base station, an SR resource configuration for a serving cell BFR in a multi-TRP operation, wherein the SR resource configuration at least indicates an SR prohibit timer and an SR counter. However, Agiwal teaches wherein the one or more processors are further configured to: receive, from the base station, an SR resource configuration for a serving cell BFR in a multi-TRP operation, wherein the SR resource configuration at least indicates an SR prohibit timer and an SR counter (paragraph 0185 disclose SR configuration (PUCCH resources, SR prohibit timer, SR counter) for BFR of TRP(s) of serving cell can be separately configured from the SR configuration for BFR of serving cell) in order to separately configure the SR transmission. Therefore, based on Matsumura in view of Agiwal, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Agiwal to the system of Matsumura in order to separately configure the SR transmission. With respect to claim 6, Matsumura discloses the claimed subject matter as discussed above except wherein the SR prohibit timer is configured per TRP in one SR resource configuration, wherein the UE is not prohibited from transmitting an SR via another PUCCH resource spatial relation, and wherein the SR prohibit timer maintains an SR transmission prohibition within one TRP. However, Agiwal teaches wherein the SR prohibit timer is configured per TRP in one SR resource configuration, wherein the UE is not prohibited from transmitting an SR via another PUCCH resource spatial relation, and wherein the SR prohibit timer maintains an SR transmission prohibition within one TRP (paragraph 0203 disclose if this SR was triggered by beam failure recovery of a set/pool of BFD RSs or a TRP of a serving cell (or SCell) and a MAC PDU is transmitted and this PDU includes a BFR MAC CE or a truncated BFR MAC CE which contains beam failure recovery information of that set/pool of BFD RSs or that TRP of the serving cell (or SCell); or if this SR was triggered by beam failure recovery of a set/pool of BFD RSs or a TRP of an SCell and this SCell is deactivated: cancel the pending SR and stop the corresponding sr-ProhibitTimer, if running) in order to separately configure the SR transmission. Therefore, based on Matsumura in view of Agiwal, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Agiwal to the system of Matsumura in order to separately configure the SR transmission. With respect to claim 8, Matsumura discloses the claimed subject matter as discussed above except wherein the one or more processors are further configured to: stop the SR prohibit timer associated with each TRP based at least in part on a transmitted multi-TRP BFR medium access control control element (MAC-CE) or a transmitted truncated multi-TRP BFR MAC-CE indicating a failed TRP index. However, Agiwal teaches wherein the one or more processors are further configured to: stop the SR prohibit timer associated with each TRP based at least in part on a transmitted multi-TRP BFR medium access control control element (MAC-CE) or a transmitted truncated multi-TRP BFR MAC-CE indicating a failed TRP index (paragraph 0203 disclose if this SR was triggered by beam failure recovery of a set/pool of BFD RSs or a TRP of a serving cell (or SCell) uplink grant and a MAC PDU is transmitted and this PDU includes a BFR MAC CE or a truncated BFR MAC CE which contains beam failure recovery information of that set/pool of BFD RSs or that TRP of the serving cell (or SCell); or if this SR was triggered by beam failure recovery of a set/pool of BFD RSs or a TRP of an SCell and this SCell is deactivated: cancel the pending SR and stop the corresponding sr-ProhibitTimer, if running) in order to separately configure the SR transmission. Therefore, based on Matsumura in view of Agiwal, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Agiwal to the system of Matsumura in order to separately configure the SR transmission. With respect to claim 12, Matsumura discloses the claimed subject matter as discussed above except wherein the one or more processors are further configured to: perform a random access channel (RACH) procedure for BFR based at least in part on the beam failure at the first TRP and the beam failure at the second TRP; and transmit, to the base station via an uplink grant and based at least in part on the RACH procedure, a multi-TRP BFR medium access control control element (MAC-CE) or a truncated multi-TRP BFR MAC-CE. However, Agiwal teaches wherein the one or more processors are further configured to: perform a random access channel (RACH) procedure for BFR based at least in part on the beam failure at the first TRP and the beam failure at the second TRP (paragraph 0064 disclose MsgA payload include UE ID (e.g., random ID, S-TMSI, C-RNTI, resume ID, etc.) along with preamble in first step. The UE ID may be included in the MAC PDU of the MsgA. UE ID such as C-RNTI may be carried in MAC CE wherein MAC CE is included in MAC PDU); and transmit, to the base station via an uplink grant and based at least in part on the RACH procedure, a multi-TRP BFR medium access control control element (MAC-CE) or a truncated multi-TRP BFR MAC-CE (paragraph 0186 disclose triggering SR if UL grant is not available for transmitting BFR MAC CE or truncated BFR MAC CE or trigger SR if UL grant is available but cannot accommodate neither BFR MAC CE plus its subheader nor truncated BFR MAC CE plus its subheader) in order to accommodate SR transmission. Therefore, based on Matsumura in view of Agiwal, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Agiwal to the system of Matsumura in order to accommodate SR transmission. The limitations of claim 18 are rejected in the analysis of claim 3 above, and the claim is rejected on that basis. The limitations of claim 19 are rejected in the analysis of claim 4 above, and the claim is rejected on that basis. The limitations of claim 20 are rejected in the analysis of claim 5 above, and the claim is rejected on that basis. The limitations of claim 21 are rejected in the analysis of claim 6 above, and the claim is rejected on that basis. The limitations of claim 23 are rejected in the analysis of claim 8 above, and the claim is rejected on that basis. The limitations of claim 27 are rejected in the analysis of claim 12 above, and the claim is rejected on that basis. Allowable Subject Matter Claims 7, 9-11, 22, and 24-26 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHEIKH T NDIAYE whose telephone number is (571)270-3914. The examiner can normally be reached Monday-Friday 8:00am-5:30pm. 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, JOON H HWANG can be reached at 571-272-4036. 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. /CHEIKH T NDIAYE/Primary Examiner, Art Unit 2447 12/27/2025
Read full office action

Prosecution Timeline

Dec 04, 2023
Application Filed
Dec 27, 2025
Non-Final Rejection — §102, §103, §112 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
98%
With Interview (+19.0%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 717 resolved cases by this examiner. Grant probability derived from career allow rate.

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