Prosecution Insights
Last updated: May 29, 2026
Application No. 18/566,874

TRANSMITTING SCHEDULING REQUESTS DURING A BEAM FAILURE RECOVERY

Final Rejection §103
Filed
Dec 04, 2023
Priority
Aug 11, 2021 — nonprovisional of PCTCN2021111965
Examiner
NDIAYE, CHEIKH T
Art Unit
2447
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
569 granted / 723 resolved
+20.7% vs TC avg
Strong +19% interview lift
Without
With
+19.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
18 currently pending
Career history
743
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
62.3%
+22.3% vs TC avg
§102
29.9%
-10.1% vs TC avg
§112
0.8%
-39.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 723 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Applicant amended claims 1, 15, 16, and 30 in the amendment filed on 04/07/2026. The claims 1-30 are pending. Response to Arguments Applicant’s arguments with respect to claim(s) 1, 15, 16, and 30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Claim(s) 1-2, 13-17, and 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumura et al (US Publication No. 2024/0073906 A1) in view of Li et al (US Publication No. 2024/0276578 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)); 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)). Matsumara does not explicitly disclose detect, after detecting the beam failure at the first TRP, a beam failure at a second TRP associated with the serving cell or another serving cell. However, Li teaches detect, after detecting the beam failure at the first TRP, a beam failure at a second TRP associated with the serving cell or another serving cell(paragraph 0056-0059 disclose detecting that there is the second TRP, among the plurality of TRPs, on which the beam failure occurs after a first time and before a second time. The first time is a time when it is detected that the beam failure occurs on the first TRP and the second time (t2) is a time when the SR is sent on the PUCCH resource) in order to update the beam according to the spatial relationship information (paragraph 0102). Therefore, based on Matsumara in view of Li, 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 Li to the system of Matsumara in order to update the beam according to the spatial relationship information. 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 SCell). 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, after receiving the SR via the first SR PUCCH, 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)). Matsumara does not explicitly disclose a beam failure at a first TRP and then subsequently a beam failure at a second TRP after the failure at the first TRP. However, Li teaches a beam failure at a first TRP and then subsequently a beam failure at a second TRP after the failure at the first TRP (paragraph 0056-0059 disclose detecting that there is the second TRP, among the plurality of TRPs, on which the beam failure occurs after a first time and before a second time. The first time is a time when it is detected that the beam failure occurs on the first TRP and the second time (t2) is a time when the SR is sent on the PUCCH resource) in order to update the beam according to the spatial relationship information (paragraph 0102). Therefore, based on Matsumara in view of Li, 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 Li to the system of Matsumara in order to update the beam according to the spatial relationship information. 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. 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 Li et al (US Publication No. 2024/0276578 A1), and further in view of Agiwal et al (US Publication No. 2022/0046441 A1). With respect to claim 3, Matsumura and Li disclose 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 and Li disclose 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 and Li disclose 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 and Li disclose 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 and Li disclose 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 and Li disclose 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 Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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 5/2/2026
Read full office action

Prosecution Timeline

Dec 04, 2023
Application Filed
Jan 08, 2026
Non-Final Rejection mailed — §103
Apr 07, 2026
Response Filed
May 06, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
98%
With Interview (+19.0%)
2y 9m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 723 resolved cases by this examiner. Grant probability derived from career allowance rate.

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