Prosecution Insights
Last updated: April 19, 2026
Application No. 18/627,351

AGGREGATION FACTOR PARAMETER FOR CONTROL PLANE

Non-Final OA §103
Filed
Apr 04, 2024
Examiner
HUYNH, DUNG B
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
473 granted / 589 resolved
+22.3% vs TC avg
Strong +29% interview lift
Without
With
+28.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
28 currently pending
Career history
617
Total Applications
across all art units

Statute-Specific Performance

§101
6.2%
-33.8% vs TC avg
§103
52.2%
+12.2% vs TC avg
§102
15.1%
-24.9% vs TC avg
§112
13.3%
-26.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 589 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. 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. 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 . 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- 4, 6-9 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 2025/0240672 A1 to Lim et al. (hereafter refers as Lim) in view of US 2019/0223191 A1 to Kim et al. (hereafter refers as Kim) . Regarding claim 1 , Lim teaches a n apparatus for wireless communication at a radio unit (RU) (RU, Fig. 5A, 7B) , comprising: one or more memories (RU includes a memory, paragraphs [10, 48-50, 86-90] and Fig. 3B) ; and one or more processors (RU includes a processor , paragraphs [10, 48-50, 86-90] and Fig. 3B) , coupled to the one or more memories, individually or collectively configured to cause the RU to ( the processor is coupled to the memory, and is configured to cause the RU to perform a method , paragraphs [86-90 , 94 , 314, 318 ] and Fig. 3B) : receive, in a first slot of consecutive aggregated slots (RU receives in a first slot of a group of slots including first and second slots, paragraphs [179-182]) , a control plane message with a resource allocation (a control plane message from an DU, paragraphs [180-182], wherein the control plane message includes control information/scheduling information specifying resources for receiving user plane message(s), abstract and paragraphs [120-128, 147 , 147, 151, 180]) ; and communicate user plane messages in the remaining slots of the consecutive aggregated slots using the resource allocation ( the RU communicates user plane messages in the second slot, which is a set of slots, paragraphs [181-182], using the resource allocation , paragraphs [120-128, 147, 147, 151, 180]) . However, Lim does not explicitly teach “ an aggregation factor parameter that indicates a quantity of remaining slots of the consecutive aggregated slots for which the resource allocation applies ”. Kim teaches a n apparatus for wireless communication ( an apparatus, Fig. 14) , comprising: one or more memories (includes a memory, paragraphs [ 159-161 ] and Fig. 14 ) ; and one or more processors (includes a processor , paragraphs [ 159-161 ] and Fig. 14 ) , coupled to the one or more memories, individually or collectively configured to cause the RU to ( the processor is coupled to the memory, and is configured to cause the apparatus to perform a method , paragraphs [ 32-35, 159-161 ] and Fig. 3B) : receive, in a first slot of consecutive aggregated slots, a control message with a resource allocation (receives in a first slot of consecutive aggregated slot, a control message/DCI with a resource allocation, paragraphs [54, 104-106, 109] and Fig. 8-10 ) and an aggregation factor parameter (and aggregation factor, paragraphs [103-104 , 107 ]) that indicates a quantity of remaining slots of the consecutive aggregated slots for which the resource allocation applies (wherein the aggregation factor indicates a quantity of slots of the consecutive aggregate slots for which the resource allocation applies for receiving user data channel messages, paragraphs [103-104, 107] and Fig. 8-10) ; and communicate user messages in the remaining slots of the consecutive aggregated slots using the resource allocation (communicates user data channel messages in the slots of the consecutive aggregated slots indicated by the aggregation factor , using the resource allocation, paragraphs [103-104, 107-117, 136-139]) . Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of control message with the aggregation factor parameter that indicates a quantity of remaining slots of the consecutive aggregated slots for which the resource allocation applies as taught by Kim, with the teachings of control plane message as taught by Lim, for a purpose of increase efficiency in receiving the user plane messages by clearly specifying the quantity of the remaining slots for receiving the user plane messages (see Kim, paragraphs [103-104, 107] ). Regarding claim 2 , Lim further teaches wherein the parameter is a field in the control plane message (wherein the control plane message including several fields for indicating resources allocation and parameters, see Lim, paragraphs [121, 147], including aggregation factor, see Kim, paragraphs [103-105 ]) . However, Lim does not explicitly teach the parameter is the “ aggregation factor ” parameter. Kim teaches the aggregation factor parameter is a field in the control message (wherein the control message including information of the aggregation factor, see Kim, paragraphs [103-105]) . Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the aggregation factor parameter is a field in the control message as taught by Kim, with the teachings of the parameter is the field in the control plane message as taught by Lim, for a purpose of increase efficiency in receiving the user plane messages by clearly specifying the quantity of the remaining slots, by including the aggregation factor parameter, for receiving the user plane messages (see Kim, paragraphs [103-104, 107] ). Regarding claim 3 , Lim further teaches wherein the control plane message is a section type 1 message (wherein the control plane message is a section type 1 message, paragraphs [122-134, 147, 150]) . Regarding claim 4 , Lim further teaches wherein the control plane message is of a section type 1 (wherein the control plane message is a section type 1 message, see Lim, paragraphs [122-134, 147, 150]) and having a section extension that is dedicated to including the parameter (wherein the control plane message including several fields for indicating resources allocation and parameters, see Lim, paragraphs [121, 147] ) . However, Lim does not explicitly teach the parameter is the “ aggregation factor ” parameter. Kim teaches the aggregation factor parameter is a field in the control message (wherein the control message including information of the aggregation factor, see Kim, paragraphs [103-105]) . Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the aggregation factor parameter is a field in the control message as taught by Kim, with the teachings of the section extension that is dedicated to including the parameter as taught by Lim, for a purpose of increase efficiency in receiving the user plane messages by clearly specifying the quantity of the remaining slots, by including the aggregation factor parameter, for receiving the user plane messages (see Kim, paragraphs [103-104, 107] ). Regarding claims 6 and 11 , Lim teaches a n apparatus for wireless communication at a distributed unit (DU) (DU, Fig. 3A, 5A, 7B) and a method of wireless communication performed by a distributed unit (DU) (DU for performing a method , Fig. 5A, 7B) , comprising: one or more memories ( DU includes a memory, paragraphs [10, 48-50, 75-76, 81-83 ] and Fig. 3 A ) ; and one or more processors ( D U includes a processor , paragraphs [10, 48-50, 75, 81-83 ] and Fig. 3 A ) , coupled to the one or more memories, individually or collectively configured to cause the DU to ( the processor is coupled to the memory, and is configured to cause the DU to perform a method , paragraphs [ 75, 81-83, 94, 314, 318 ] and Fig. 3 A ) : transmit, in a first slot of consecutive aggregated slots ( DU transmits in a first slot of a group of slots including first and second slots, to an RU, paragraphs [179-182]) , a control plane message with a resource allocation (a control plane message from an DU, paragraphs [180-182], wherein the control plane message includes control information/scheduling information specifying resources for receiving user plane message(s), abstract and paragraphs [120-128, 147, 147, 151, 180]) ; and communicate user plane messages and not control plane messages in the remaining slots of the consecutive aggregated slots using the resource allocation ( the DU communicates user plane messages in the second slot, which is a set of slots, paragraphs [181-182], using the resource allocation , paragraphs [120-128, 147, 147, 151, 180]) . However, Lim does not explicitly teach “ a n aggregation factor parameter that indicates a quantity of remaining slots of the consecutive aggregated slots for which the resource allocation applies ”. Kim teaches a method comprising: transmitting, in a first slot of consecutive aggregated slots , a control message with a resource allocation ( transmitting in a first slot of consecutive aggregated slot, a control message/DCI with a resource allocation, paragraphs [54, 104-106, 109] and Fig. 8-10 ) and an aggregation factor parameter (and aggregation factor, paragraphs [103-104 , 107 ]) that indicates a quantity of remaining slots of the consecutive aggregated slots for which the resource allocation applies (wherein the aggregation factor indicates a quantity of slots of the consecutive aggregate slots for which the resource allocation applies for receiving user data channel messages, paragraphs [103-104, 107] and Fig. 8-10) ; and communicating user messages in the remaining slots of the consecutive aggregated slots using the resource allocation (communicat ing user data channel messages in the slots of the consecutive aggregated slots indicated by the aggregation factor , using the resource allocation, paragraphs [103-104, 107-117, 136-139]) . Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of transmitting the control message with a resource allocation and an aggregation factor that indicates a quantity of remaining slots of the consecutive aggregated slots for which the resource allocation applies as taught by Kim, with the teachings of control plane message as taught by Lim, for a purpose of increase efficiency in receiving the user plane messages by clearly specifying the quantity of the remaining slots for receiving the user plane messages (see Kim, paragraphs [103-104, 107] ). Regarding claims 7 and 12 , Lim further teaches wherein the parameter is a field in the control plane message (wherein the control plane message including several fields for indicating resources allocation and parameters, see Lim, paragraphs [121, 147], including aggregation factor, see Kim, paragraphs [103-105]) . However, Lim does not explicitly teach the parameter is the “ aggregation factor ” parameter. Kim teaches the aggregation factor parameter is a field in the control message (wherein the control message including information of the aggregation factor, see Kim, paragraphs [103-105]) . Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the aggregation factor parameter is a field in the control message as taught by Kim, with the teachings of the parameter is the field in the control plane message as taught by Lim, for a purpose of increase efficiency in receiving the user plane messages by clearly specifying the quantity of the remaining slots, by including the aggregation factor parameter, for receiving the user plane messages (see Kim, paragraphs [103-104, 107] ). Regarding claim s 8 and 13 , Lim further teaches wherein the control plane message is a section type 1 message (wherein the control plane message is a section type 1 message, paragraphs [122-134, 147, 150]) . Regarding claim s 9 and 14 , Lim further teaches wherein the control plane message is of a section type 1 (wherein the control plane message is a section type 1 message, see Lim, paragraphs [122-134, 147, 150]) and having a section extension that is dedicated to including the parameter (wherein the control plane message including several fields for indicating resources allocation and parameters, see Lim, paragraphs [121, 147] ) . However, Lim does not explicitly teach the parameter is the “ aggregation factor ” parameter. Kim teaches the aggregation factor parameter is a field in the control message (wherein the control message including information of the aggregation factor, see Kim, paragraphs [103-105]) . Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the aggregation factor parameter is a field in the control message as taught by Kim, with the teachings of the section extension that is dedicated to including the parameter as taught by Lim, for a purpose of increase efficiency in receiving the user plane messages by clearly specifying the quantity of the remaining slots, by including the aggregation factor parameter, for receiving the user plane messages (see Kim, paragraphs [103-104, 107] ). Claims 5 , 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US 2025/0240672 A1 to Lim et al. (hereafter refers as Lim) in view of US 2019/0223191 A1 to Kim et al. (hereafter refers as Kim) as applied to claims above, and further in view of US 2021/0385686 A1 to Ahmed et al. (hereafter refers as Ahmed). Regarding claim 5 , the combination of Lim and Kim does not explicitly teach wherein the one or more processors are individually or collectively configured to cause the RU to “ transmit an indication of a capability of the RU to support use of ” the aggregation factor parameter. Ahmed teaches one or more processors are individually or collectively configured to cause an RU (an RU includes a processor for causing the RU to perform the functions, paragraphs [61, 63, 69]) to transmit an indication of a capability of the RU to support use of the aggregation factor parameter (the RU transmits an information of capability of the RU , indicating supported window length, paragraphs [153, 183, 237, 301, 338], i.e. across multiple time units, paragraphs [105, 115, 243-245] and Fig. 9) . Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of transmit ting the indication of a capability of the RU to support use of the aggregation factor parameter as taught by Ahmed, with the teachings of the RU supporting the aggregation factor parameter as taught by combination of Lim and Kim, for a purpose of increase efficiency in determining whether the RU supporting the aggregation factor parameter by transmitting its supporting window length capability (see Ahmed , paragraphs [153, 183, 237, 301, 338] ). Regarding claim s 10 and 15 , the combination of Lim and Kim does not explicitly teach wherein the one or more processors are individually or collectively configured to cause the D U to “ receive an indication of a capability of a radio unit to support use of ” the aggregation factor parameter. Ahmed teaches one or more processors are individually or collectively configured to cause an D U (an D U includes a processor for causing the D U to perform the functions, paragraphs [6 2-63 , 69]) to receive an indication of a capability of a radio unit to support use of the aggregation factor parameter (the DU receives from an RU , an information of capability of the RU , indicating supported window length, paragraphs [153, 183, 237, 301, 338], i.e. across multiple time units, paragraphs [105, 115, 243-245] and Fig. 9) . Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of receiving the indication of a capability of the RU to support use of the aggregation factor parameter as taught by Ahmed, with the teachings of the RU supporting the aggregation factor parameter as taught by combination of Lim and Kim, for a purpose of increase efficiency in determining whether the RU supporting the aggregation factor parameter by transmitting its supporting window length capability (see Ahmed , paragraphs [153, 183, 237, 301, 338] ). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2021/0385864 A1 teaches an DCI including an indication an number of remaining slots from a slot of DCI, for communication (see paragraphs [127-130]). US 2025/0142595 A1 discloses a time resource indication value is transmitted in a slot (t) uses to indicate a number of remaining scheduled slots from slot (t+1) to slot ( t+x ) (paragraph [135]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT DUNG B. HUYNH whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7642 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 9:00 AM - 6:00 PM . 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, FILLIN "SPE Name?" \* MERGEFORMAT Ian N. Moore can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-3085 . 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. /DUNG B HUYNH/ Primary Examiner, Art Unit 2469 March 21, 2026
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Prosecution Timeline

Apr 04, 2024
Application Filed
Mar 21, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+28.9%)
3y 2m
Median Time to Grant
Low
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