Prosecution Insights
Last updated: April 19, 2026
Application No. 18/570,728

METHOD AND APPARATUS FOR DATA-DRIVEN BEAM ESTABLISHMENT IN HIGHER FREQUENCY BANDS

Non-Final OA §101§112
Filed
Dec 15, 2023
Examiner
AJIBADE AKONAI, OLUMIDE
Art Unit
3648
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
InterDigital Patent Holdings, Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
93%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
989 granted / 1172 resolved
+32.4% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
29 currently pending
Career history
1201
Total Applications
across all art units

Statute-Specific Performance

§101
6.3%
-33.7% vs TC avg
§103
44.9%
+4.9% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
14.8%
-25.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1172 resolved cases

Office Action

§101 §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 . Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because it is directed to a computer-readable storage medium without restricting the computer-readable storage medium to non-transitory embodiments only. The applicant’s specification (paragraphs [0116], [0122]) lists examples of a computer-readable storage medium. However, the examples listed are non-exhaustive and do not completely exclude transitory embodiments. Therefore, the examiner is interpreting the computer-readable medium as encompassing transitory signals and non-transitory embodiments. Claim 1 is therefore rejected under 35 U.S.C. 101 for including transitory signals under its scope. The applicant can overcome this rejection by adding the modifier "non-transitory" before computer-readable storage medium. 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. Claims 1-10 and 20 are 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. Claims 1 and 20 recite the limitation “receiving, from a wireless transmit receive unit, WTRU, via a communication in a first frequency band, one or more of channel state information, CSI, location information, and mobility information.” This limitation contradicts aspects of the specification. Figures 5-12 and paragraphs [0004], [0077]-[0078], [0085], [0090], [0092]-[0093], [0100], [0105], [0107], [0109] disclose receiving in a first frequency band, the channel state information CSI and one or more of location information and mobility information (i.e., 2 pieces of information, one of them being at least being the CSI). Claims 1 and 20 contradict the figures and disclosure by indicating receiving only one or more of the pieces of information (i.e., the CSI, the mobility information, or the location information). The determined beam pair is based on the received information, further suggesting in the claims 1 and 20 that this (determining beam pair prediction information) is performed based on CSI information, mobility, or location (i.e., just 1 of the pieces of information), which again contradicts the figures and disclosure in which the determining of beam pair prediction is performed using CSI and one or more of the mobility information and location information (see steps 510, 610, 710, 810, 910, 1010, 1110, and 1210 in figs. 5-12). Claims 1 and 20 are therefore indefinite because it is unclear as to who the beam pair prediction information is determined from only one of channel state information, location information, and mobility information. For the purposes of proper examination of the claim, the examiner is interpreting the claim limitation as a base station receiving channel state information CSI), location information, and/or mobility information. Claims 2-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite by virtue of being dependent on claim 1. Allowable Subject Matter Claims 11-19 are allowed. The following is an examiner’s statement of reasons for allowance: Regarding claim 11, Nonaka et al US 20220200672 discloses a base station apparatus comprising circuitry including a transmitter, a receiver, a processor, and memory, the base station apparatus configured to: receive, from a wireless transmit receive unit, WTRU, via a communication in a first frequency band, channel state information, CSI; determine beam pair prediction information including one or more beam pair information to establish a communication; and transmit, to the WTRU in the first frequency band, configuration information for communication. The instant invention discloses receive, from a wireless transmit receive unit, WTRU, via a communication in a first frequency band, channel state information, CSI, location information, and mobility information; determine beam pair prediction information including one or more beam pair information to establish a communication in a second frequency band between the base station and the WTRU based on the received information, wherein the communication in the second frequency band occurs at a higher frequency band than the communication in the first frequency band; transmit, to the WTRU in the first frequency band, configuration information for communication in the second frequency band; transmit, in the second frequency band, at least one synchronization signal block according to the beam pair prediction information; receive feedback from the WTRU; and perform one of transmit an acknowledge to the WTRU or update the beam pair prediction information based on the feedback. The above novel features, “in combination” with the other recited limitations in the claim, are not taught, suggested, or made obvious by Nonaka et or any other prior art of record, alone, or in combination. Claims 12-19 are allowed by virtue of being dependent on claim 11. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tullberg WO 2020005121 A1 discloses a method performed by a first radio node for handling a beam pair with a second radio node comprising performing a beam pair switch from the first beam pair to a second beam pair between the first radio node and the second radio node. When there is enough time, the first radio node switches to the second beam pair before the predicted time to failure. Wang et al US 20240022302 discloses a network entity receiving a CSI report from a terminal device, and parsing the CSI report based on a beam reporting type. Bhamri et al US 20230396307 discloses a transceiver receiving a configuration of multiple beams. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUMIDE T AJIBADE AKONAI whose telephone number is (571)272-6496. The examiner can normally be reached Monday-Friday 8AM-4PM. 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 N APPIAH can be reached at 571-272-7904. 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. /OLUMIDE AJIBADE AKONAI/ Primary Examiner, Art Unit 3648
Read full office action

Prosecution Timeline

Dec 15, 2023
Application Filed
Mar 05, 2026
Non-Final Rejection — §101, §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
84%
Grant Probability
93%
With Interview (+8.8%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 1172 resolved cases by this examiner. Grant probability derived from career allow rate.

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