Prosecution Insights
Last updated: April 19, 2026
Application No. 18/567,215

METHOD AND APPARATUS TO AVOID NETWORK PRECODING ADJUSTMENT DURING BAND SHARING MSIM SCENARIOS

Non-Final OA §103
Filed
Dec 05, 2023
Examiner
HUA, QUAN M
Art Unit
2645
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
94%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
445 granted / 621 resolved
+9.7% vs TC avg
Strong +22% interview lift
Without
With
+21.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
45 currently pending
Career history
666
Total Applications
across all art units

Statute-Specific Performance

§101
8.3%
-31.7% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
18.4%
-21.6% vs TC avg
§112
17.0%
-23.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 621 resolved cases

Office Action

§103
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 . Claims 1-18 are pending. IDS is/are considered. Drawings are accepted. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 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. Claim(s) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2015/0334553) in view of Chien et al. (US 2020/00053765). As to claim 1: Yang discloses: A method of wireless communication at a user equipment (UE) (See Abstract), comprising: sending a plurality of sounding reference signals (SRSs) to a base station in a first network using a first subscriber identity module (SIM) of the UE, wherein each of the SRSs is sent using a different antenna; (See Fig. 3, UE 350 in communication with a nodeB (base station). ¶0028, “channel estimates may be derived from a reference signal transmitted by the UE 350 or from feedback contained in the midamble 214 (FIG. 2) from the UE 350”, i.e. UE 350 to transmit SRS (reference signals used for channel estimation) to NodeB. Each symbols for the reference/pilot signals are transmitted by a plurality of smart antennas 334 implemented as an antenna array, i.e. each antenna of the array transmit at least a signal. ¶0055,0068, multi-SIM, wherein each SIM is associated with a different RAT ) suspending SRS transmission from the different antennas while performing an activity in a second network using a second SIM of the UE; (See ¶0058, 0059, “When communications of a first RAT are in a current/original operation, such as dedicated channel (DCH) mode (i.e., without voice traffic) or connected mode with a first RAT, the multi-SIM multi-standby UE supports tuning away from the first RAT (e.g., TD-SCDMA) to a second RAT (e.g., GSM) (…) the UE detects a page from the second RAT when the UE is tuned away from the first RAT, the multi-SIM multi-standby UE suspends all operations of the first RAT and transitions to the second RAT.” See also ¶0068. The UE suspends all current transmissions in the first RAT (i.e. the SRS in this case) associated with the first SIM when it tunes to a second RAT to perform an activity) and sending a hybrid-automatic repeat request (HARQ) message for a HARQ process to the base station while the SRS transmission is suspended in response to at least one of a plurality of un-decoded data transmissions from the base station. (¶0060-61, 0071, UE to send a HARQ indicative of loss data (i.e. undecoded) to be recovered, i.e. a negative acknowledge, in response to the lost data transmission. The SRS transmission is, at this stage suspended, since the UE is engaged in HARQ transmission and/or in active high speed data transmission with the base station) Yang discloses sending a hybrid-automatic repeat request (HARQ) message without specifically referring to such messages includes an acknowledgment (HARQ-ACK). However, HARG positive/negative acknowledgement signals are standard in HARQ data recovery process for undecoded/unreceived data where they play the trigger role for the network to be informed of the error and thus retransmitting data. Chien, in a related field of data transmission/recovery between network entities, discloses exactly such concept, namely: in at least Abstract, ¶0032, 0060, 0062, wherein in response to being unable to receiving/decoding downlink data from the base station, the UE sends a HARQ-ACK to the respective base station, and thus triggers retransmission of the downlink data by the base station in similar manner of Yang. It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the HARQ recovery process of the UE in Yang includes sending of the acknowledgment (HARQ-ACK). Both Chien and Yang are concerned with ensuring the UE to receive the lost data packages (Yang, (¶0060-61, 0071, UE to send a HARQ indicative of loss data (i.e. undecoded) to be recovered), and the acknowledgment messages ensure the network is fully informed and thus takes appropriate retransmission remedy (¶0009 of Chien). As to claim 10: Yang discloses: An apparatus for wireless communication, comprising: a processor; memory coupled with the processor; and instructions stored in the memory and operable, when executed by the processor, (See fig. 3, UE 350 for example having processor/memory for wireless communication) to cause the apparatus to: send a plurality of sounding reference signals (SRSs) to a base station in a first network using a first subscriber identity module (SIM) of the UE, wherein each of the SRSs is sent using a different antenna; (See Fig. 3, UE 350 in communication with a nodeB (base station). ¶0028, “channel estimates may be derived from a reference signal transmitted by the UE 350 or from feedback contained in the midamble 214 (FIG. 2) from the UE 350”, i.e. UE 350 to transmit SRS (reference signals used for channel estimation) to NodeB. Each symbols for the reference/pilot signals are transmitted by a plurality of smart antennas 334 implemented as an antenna array, i.e. each antenna of the array transmit at least a signal. ¶0055,0068, multi-SIM, wherein each SIM is associated with a different RAT ) suspend SRS transmission from the different antennas while performing an activity in a second network using a second SIM of the UE; (See ¶0058, 0059, “When communications of a first RAT are in a current/original operation, such as dedicated channel (DCH) mode (i.e., without voice traffic) or connected mode with a first RAT, the multi-SIM multi-standby UE supports tuning away from the first RAT (e.g., TD-SCDMA) to a second RAT (e.g., GSM) (…) the UE detects a page from the second RAT when the UE is tuned away from the first RAT, the multi-SIM multi-standby UE suspends all operations of the first RAT and transitions to the second RAT.” See also ¶0068. The UE suspends all current transmissions in the first RAT (i.e. the SRS in this case) associated with the first SIM when it tunes to a second RAT to perform an activity) and send a hybrid-automatic repeat request (HARQ) message for a HARQ process to the base station while the SRS transmission is suspended in response to at least one of a plurality of un-decoded data transmissions from the base station. (¶0060-61, 0071, UE to send a HARQ indicative of loss data (i.e. undecoded) to be recovered, i.e. a negative acknowledge, in response to the lost data transmission. The SRS transmission is, at this stage suspended, since the UE is engaged in HARQ transmission and/or in active high speed data transmission with the base station) Yang discloses sending a hybrid-automatic repeat request (HARQ) message without specifically referring to such messages includes an acknowledgment (HARQ-ACK). However, HARG positive/negative acknowledgement signals are standard in HARQ data recovery process for undecoded/unreceived data where they play the trigger role for the network to be informed of the error and thus retransmitting data. Chien, in a related field of data transmission/recovery between network entities, discloses exactly such concept, namely: in at least Abstract, ¶0032, 0060, 0062, wherein in response to being unable to receiving/decoding downlink data from the base station, the UE sends a HARQ-ACK to the respective base station, and thus triggers retransmission of the downlink data by the base station in similar manner of Yang. It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the HARQ recovery process of the UE in Yang includes sending of the acknowledgment (HARQ-ACK). Both Chien and Yang are concerned with ensuring the UE to receive the lost data packages (Yang, (¶0060-61, 0071, UE to send a HARQ indicative of loss data (i.e. undecoded) to be recovered), and the acknowledgment messages ensure the network is fully informed and thus takes appropriate retransmission remedy (¶0009 of Chien). As to claims 2, 11: Yang in view of Chien discloses all limitations of claim 1/10, wherein the un-decoded data transmissions comprise a first group of un-decoded data transmissions selected for acknowledgment and a second group of un-decoded data transmissions not selected for acknowledgment, wherein the HARQ-ACK is sent in response to each of the un-decoded data transmissions in the first group. (Chien, ¶0053 the UE to determine the downlink data comprises different groups, including at least one group for which to generate an ACK, and a second group for which to generate a NACK. See also ¶0096, 0065 – sending acknowledgement for each of the data received accordingly to the status) As to claims 3, 12: Yang in view of Chien discloses all limitations of claim 2/11, further comprising: sending a HARQ non-acknowledgement (HARQ-NACK) in response to each of the un- decoded data transmissions in the second group. (Chien, ¶0031, 0032, 0053 the UE to determine the downlink data comprises different groups, including at least one group for which to generate an ACK, and a second group for which to generate a NACK) As to claims 4, 13: Yang in view of Chien discloses all limitations of claim 1/10, wherein Yang discloses: sending a plurality of radio link control (RLC) status reports to the base station with different transmission periodicities (¶0065, 0062, the UE may delay transmission of each status PDUs selectively for data recovery, as such resulting in varied transmission periodicities depends on how long each data recovery lasts); wherein the RLC status reports comprise a first RLC status report indicating the un- decoded data transmissions (¶0063, “In response to receiving the RLC PDU polling bit, the UE 504 transmits a status PDU (time T2). The status PDU may indicate a number of received PDUs and/or a number of missing PDUs (e.g., data packets)”) and a second RLC status report sent in response to data retransmissions from the base station. (¶0071, “the UE 614 recovers buffered data (e.g., with a HARQ process) that was not received when the UE tuned away from the first RAT 612. After the predetermined time period (i.e., delay), the UE 614 transmits the updated status PDU at time T3”) As to claims 5, 14: Yang in view of Chien discloses all limitations of claim 4/13, wherein Yang discloses: wherein the different transmission periodicities are based on a reception time difference between one of the un-decoded data transmissions and one of the data retransmissions. (¶0065, 0062, the UE may delay transmission of each status PDUs selectively for data recovery, as such resulting in varied transmission periodicities depends on how long the UE determines the delay to be, which lead to delay in retransmission) As to claims 6, 15: Yang in view of Chien discloses all limitations of claim 4/13, wherein Yang discloses: wherein the different transmission periodicities are based on a number of the un-decoded data transmissions and a number of the data retransmissions. (See ¶0070, “the delay may be based on a predetermined time period that corresponds to a length in time of the tune away gap, channel quality, a number of re-transmission PDUs in a buffer,”. Also this limitation states the obvious: the retransmission takes as long as how much data is to be retransmitted. High amount of lost data to be recovered lead to longer wait to transmit the next status update. See also ¶0064, 0065) As to claims 7, 16: Yang in view of Chien discloses all limitations of claim 4/13, wherein Yang discloses: modifying a reassembly timer in response to the data retransmissions, wherein the different transmission periodicities are based on the modified reassembly timer. (¶0074, 0075, determining a delay time for re-transmission of missing data. Since the UE process the retransmission of buffered data at the same as transmitting the status report update, the timer impacts the periodicity of the status report update) As to claims 8, 17: Yang in view of Chien discloses all limitations of claim 4/13, wherein Yang discloses: :modifying a status prohibit timer in response to the data retransmissions, wherein the different transmission periodicities are based on the modified status prohibit timer. (See at least ¶0070, the delay increases when the length of time for the tune away gap increases and when then channel quality is reduced, i.e. modifying the delay time for a RLC PDUL report based busy time or channel condition, which resulting different periodicities of the report) As to claims 9, 18: Yang in view of Chien discloses all limitations of claim 4/13, wherein Yang discloses: resuming the SRS transmission from the different antennas (¶0059, “if the UE detects a page from the second RAT when the UE is tuned away from the first RAT, the multi-SIM multi-standby UE suspends all operations of the first RAT and transitions to the second RAT. Otherwise, the UE returns to the first RAT and attempts to recover the original operation of the first RAT”, the original operation of the first RAT includes but not limited to transmission of reference signals for channel estimation per ¶0028), and the RLC status reports are sent with the different transmission periodicities for a period of time after resuming the SRS transmission. (See ¶0070, “the delay may be based on a predetermined time period that corresponds to a length in time of the tune away gap, channel quality, a number of re-transmission PDUs in a buffer,” High amount of lost data to be recovered lead to longer wait to transmit the next status update. See also ¶0064, 0065) wherein the HARQ-ACK is sent in response to un-decoded data transmissions selected for acknowledgment (as discussed in Chien, in at least Abstract, ¶0032, 0060, 0062, wherein in response to being unable to receiving/decoding downlink data from the base station, the UE sends a HARQ-ACK to the respective base station, and thus triggers retransmission of the downlink data by the base station in similar manner of Yang) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim (US 2007/0041349) - A method and apparatus for controlling reliability of a feedback signal in a mobile communication system supporting HARQ are provided. A transmitter determines reliability indication information indicating a required reliability for a feedback signal for a user data packet to be transmitted, and sends the user data packet and the reliability indication information in per packet control information associated with the user data packet. A receiver receives the user data packet and the per packet control information, decodes the user data packet according to the per packet control information, performs an error verification on the decoded user data packet that comprises errors, and transmits the feedback signal with a reliability determined, based on the reliability indication information according to the result of the error verification. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUAN M HUA whose telephone number is (571)270-7232. The examiner can normally be reached 10:30-6:30. 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, Anthony Addy can be reached at 571-272-7795. 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. /QUAN M HUA/Primary Examiner, Art Unit 2645
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Prosecution Timeline

Dec 05, 2023
Application Filed
Mar 06, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
94%
With Interview (+21.9%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 621 resolved cases by this examiner. Grant probability derived from career allow rate.

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