Prosecution Insights
Last updated: July 17, 2026
Application No. 18/644,037

LOWER LATENCY WITH ENERGY EFFICIENT SCHEDULING

Non-Final OA §102§103
Filed
Apr 23, 2024
Examiner
KHAN, SUHAIL
Art Unit
2642
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
458 granted / 572 resolved
+18.1% vs TC avg
Strong +27% interview lift
Without
With
+27.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
21 currently pending
Career history
593
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
69.2%
+29.2% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 572 resolved cases

Office Action

§102 §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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 9/17/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner. Claim Rejections - 35 USC § 102 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 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-3, 5, 7, 9-11, 13-18, 20, 22, 24-26, and 28-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwak et al. (WO 2023/009244) Referring to Claim 1, Kwak et al. disclose an apparatus for wireless communication at a user equipment (UE) (par 94, UE), comprising: at least one memory (pars 7 and 94, memory); and at least one processor coupled to the at least one memory (pars 7 and 94, processor) and, based at least in part on information stored in the at least one memory, the at least one processor, individually or in any combination, is configured to cause the apparatus to: receive a configuration including at least an indication to operate in a reduced peak throughput state (pars 94 and 95, UE configured, reduced peak throughput) and a plurality of physical uplink control channel (PUCCH) resources (pars 94-96, parameters/resource, PUCCH); select a first PUCCH resource from the plurality of PUCCH resources to send a feedback signal associated with a high throughput physical downlink shared channel (PDSCH) (pars 95 and 96, PUCCH parameter, resource, PDSCH); and transmit the feedback signal associated with the high throughput PDSCH in the first PUCCH resource selected from the plurality of PUCCH resources (pars 95-98, PUCCH parameter/resource, PDSCH). Referring to Claim 2 as applied to Claim 1 above, Kwak et al. disclose the apparatus, further comprising a transceiver coupled to the at least one processor, the transceiver being configured to: receive the configuration including at least the indication to operate in the reduced peak throughput state and the plurality of PUCCH resources (pars 94 and 95, UE configured, reduced peak throughput); and transmit the feedback signal associated with the high throughput PDSCH in the first PUCCH resource selected from the plurality of PUCCH resources (pars 95-98, PUCCH parameter/resource, PDSCH). Referring to Claim 3 as applied to Claim 1 above, Kwak et al. disclose the apparatus, wherein the reduced peak throughput state comprises a high radio frequency (RF) state and a low baseband state, wherein the UE operates at a highest possible RF state corresponding to a widest possible bandwidth and a reduced baseband state where a maximum peak throughput is unsustained by the UE (pars 80, 94, and 95, high frequency, reduce peak, reduced/wider bandwidth). Referring to Claim 5 as applied to Claim 1 above, Kwak et al. disclose the apparatus, wherein the configuration comprises a narrowband scheduling or a wideband scheduling (par 95, reduced/wider bandwidth; Also, par 94, narrowband). Referring to Claim 7 as applied to Claim 1 above, Kwak et al. disclose the apparatus, wherein the configuration indicates a subset of PUCCH resources from the plurality of PUCCH resources associated with the high throughput PDSCH (pars 95-98, PUCCH parameter/resource, PDSCH, wider bandwidth). Referring to Claim 9 as applied to Claim 1 above, Kwak et al. disclose the apparatus, wherein the at least one processor is configured to: transmit an offset factor associated with a value for a minimum separation in response to receipt of the indication to enter the reduced peak throughput state, wherein the minimum separation is measured in symbols between an end of the high throughput PDSCH and a beginning of the first PUCCH, wherein the offset factor is applied to a PDSCH processing timeline (N1) (par 98, offset; pars 94 and 95, PUCCH, PDSCH, reduce peak, higher bandwidth). Referring to Claim 10 as applied to Claim 1 above, Kwak et al. disclose the apparatus, wherein the at least one processor is configured to: receive a mapping configuration between a throughput scaling and an offset factor associated with a value for a minimum separation, wherein the mapping configuration results in a linear offset that is applied to a first reported value for the minimum separation, wherein the minimum separation is measured in symbols between an end of the high throughput PDSCH and a beginning of the first PUCCH (par 98, offset, PDSCH, PUCCH). Referring to Claim 11 as applied to Claim 10 above, Kwak et al. disclose the apparatus, wherein the mapping configuration is associated with at least one of a burst transmission, memory, a battery status, a clock, wherein the offset factor is adjustable based on UE processing (par 98, offset). Referring to Claim 13 as applied to Claim 1 above, Kwak et al. disclose the apparatus, wherein the configuration comprises the indication to enter a maximum throughput mode, wherein the at least one processor is configured to: transmit an uplink control indication (UCI) comprising an offset factor associated with a value for a minimum separation, wherein the minimum separation is measured in symbols between an end of the high throughput PDSCH and a beginning of the first PUCCH (par 98, offset, PDSCH, PUCCH). Referring to Claim 14, Kwak et al. disclose a method of wireless communication at a user equipment (UE) (par 94, UE), comprising: receiving a configuration including at least an indication to operate in a reduced peak throughput state (pars 94 and 95, UE configured, reduced peak throughput) and a plurality of physical uplink control channel (PUCCH) resources (pars 94-96, parameters/resource, PUCCH); selecting a first PUCCH resource from the plurality of PUCCH resources to send a feedback signal associated with a high throughput physical downlink shared channel (PDSCH) (pars 95 and 96, PUCCH parameter, resource, PDSCH); and transmitting the feedback signal associated with the high throughput PDSCH in the first PUCCH resource selected from the plurality of PUCCH resources (pars 95-98, PUCCH parameter/resource, PDSCH). Referring to Claim 15 as applied to Claim 14 above, Kwak et al. disclose the method, further comprising: transmitting an offset factor associated with a value for a minimum separation in response to receipt of the indication to enter the reduced peak throughput state, wherein the minimum separation is measured in symbols between an end of the high throughput PDSCH and a beginning of the first PUCCH, wherein the offset factor is applied to a PDSCH processing timeline (N1) (par 98, offset; pars 94 and 95, PUCCH, PDSCH, reduce peak, higher bandwidth). Referring to Claim 16, Kwak et al. disclose an apparatus for wireless communication at a network entity (par 93, base station/ wireless communication system entity), comprising: at least one memory (pars 21 and 93, memory); and at least one processor coupled to the at least one memory and (pars 21 and 93, processor), based at least in part on information stored in the at least one memory, the at least one processor, individually or in any combination, is configured to cause the apparatus to: provide a configuration including at least an indication for a user equipment (UE) to operate in a reduced peak throughput state (pars 94 and 95, UE configured, reduced peak throughput) and a plurality of physical uplink control channel (PUCCH) resources (pars 94-96, parameters/resource, PUCCH); and obtain a feedback signal in a first PUCCH resource from the plurality of PUCCH resources, wherein the feedback signal is associated with a high throughput physical downlink shared channel (PDSCH) (pars 95-98, PUCCH parameter/resource, PDSCH). Referring to Claim 17 as applied to Claim 16 above, Kwak et al. disclose the apparatus, further comprising a transceiver coupled to the at least one processor, the transceiver being configured to: provide the configuration including at least the indication for the UE to operate in the reduced peak throughput state and the plurality of PUCCH resources (pars 94 and 95, UE configured, reduced peak throughput); and obtain the feedback signal in the first PUCCH resource from the plurality of PUCCH resources, wherein the feedback signal is associated with the high throughput PDSCH (pars 95-98, PUCCH parameter/resource, PDSCH). Referring to Claim 18 as applied to Claim 16 above, Kwak et al. disclose the apparatus, wherein the reduced peak throughput state comprises a high radio frequency (RF) state and a low baseband state, wherein the UE operates at a highest possible RF state corresponding to a widest possible bandwidth and a reduced baseband state where a maximum peak throughput is unsustained by the UE (pars 80, 94, and 95, high frequency, reduce peak, reduced/wider bandwidth). Referring to Claim 20 as applied to Claim 16 above, Kwak et al. disclose the apparatus, wherein the configuration comprises a narrowband scheduling or a wideband scheduling (par 95, reduced/wider bandwidth; Also, par 94, narrowband). Referring to Claim 22 as applied to Claim 16 above, Kwak et al. disclose the apparatus, wherein the configuration indicates a subset of PUCCH resources from the plurality of PUCCH resources associated with the high throughput PDSCH (pars 95-98, PUCCH parameter/resource, PDSCH, wider bandwidth). Referring to Claim 24 as applied to Claim 16 above, Kwak et al. disclose the apparatus, wherein the at least one processor is configured to: obtain an offset factor associated with a value for a minimum separation in response to receipt of the indication to enter the reduced peak throughput state by the UE, wherein the minimum separation is measured in symbols between an end of the high throughput PDSCH and a beginning of the first PUCCH, wherein the offset factor is applied to a PDSCH processing timeline (N1) (par 98, offset; pars 94 and 95, PUCCH, PDSCH, reduce peak, higher bandwidth). Referring to Claim 25 as applied to Claim 16 above, Kwak et al. disclose the apparatus, wherein the at least one processor is configured to: provide a mapping configuration between a throughput scaling and an offset factor associated with a value for a minimum separation, wherein the mapping configuration results in a linear offset that is applied to a first reported value for the minimum separation, wherein the minimum separation is measured in symbols between an end of the high throughput PDSCH and a beginning of the first PUCCH (par 98, offset, PDSCH, PUCCH). Referring to Claim 26 as applied to Claim 25 above, Kwak et al. disclose the apparatus, wherein the mapping configuration is associated with at least one of a burst transmission, memory, a battery status, a clock, wherein the offset factor is adjustable based on UE processing (par 98, offset). Referring to Claim 28 as applied to Claim 16 above, Kwak et al. disclose the apparatus, wherein the configuration comprises the indication to enter a maximum throughput mode, wherein the at least one processor is configured to: obtain an uplink control indication (UCI) comprising an offset factor associated with a value for a minimum separation, wherein the minimum separation is measured in symbols between an end of the high throughput PDSCH and a beginning of the first PUCCH (par 98, offset, PDSCH, PUCCH). Referring to Claim 29, Kwak et al. disclose a method of wireless communication at a network entity (par 93, base station/ wireless communication system entity), comprising: providing a configuration including at least an indication for a user equipment (UE) to operate in a reduced peak throughput state (pars 94 and 95, UE configured, reduced peak throughput) and a plurality of physical uplink control channel (PUCCH) resources (pars 94-96, parameters/resource, PUCCH); and obtaining a feedback signal in a first PUCCH resource from the plurality of PUCCH resources, wherein the feedback signal is associated with a high throughput physical downlink shared channel (PDSCH) (pars 95-98, PUCCH parameter/resource, PDSCH). Referring to Claim 30 as applied to Claim 29 above, Kwak et al. disclose the method, further comprising: obtaining an offset factor associated with a value for a minimum separation in response to receipt of the indication to enter the reduced peak throughput state, wherein the minimum separation is measured in symbols between an end of the high throughput PDSCH and a beginning of the first PUCCH, wherein the offset factor is applied to a PDSCH processing timeline (N1) (par 98, offset; pars 94 and 95, PUCCH, PDSCH, reduce peak, higher bandwidth). 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 4, 6, 8, 12, 19, 21, 23, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al. (WO 2023/009244) in view of Chien (U.S. Patent Application Publication No. 2023/0112147) Referring to Claims 4 and 19 as applied to Claims 1 and 16 above, Kwak et al. disclose the apparatus (par 94). However, Kwak et al. do not disclose feedback signal comprises a non-acknowledgement (NACK) or an acknowledgement (ACK). In the same field of endeavor, Chien discloses feedback signal comprises a non-acknowledgement (NACK) or an acknowledgement (ACK) (par 6, NACK; Also, par 177). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate feedback signal comprises a non-acknowledgement (NACK) or an acknowledgement (ACK), as taught by Chien, in the apparatus of Kwak et al., for the purpose of reducing payload (Chien, Abstract). Referring to Claims 6 and 21 as applied to Claims 1 and 16 above, Kwak et al. disclose the apparatus (par 94). However, Kwak et al. do not disclose first PUCCH resource from the plurality of PUCCH resources is an earliest PUCCH from a maximum deferral time. In the same field of endeavor, Chien discloses first PUCCH resource from the plurality of PUCCH resources is an earliest PUCCH from a maximum deferral time (pars 6, 276 and 277, maximum deferral time). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate first PUCCH resource from the plurality of PUCCH resources is an earliest PUCCH from a maximum deferral time, as taught by Chien, in the apparatus of Kwak et al., for the purpose of reducing payload (Chien, Abstract). Referring to Claims 8 and 23 as applied to Claims 7 and 22 above, Kwak et al. disclose the apparatus (par 94). However, Kwak et al. do not disclose first PUCCH from the subset of PUCCH resources is utilized for transmission of a non-acknowledgement (NACK) of the feedback signal, wherein a second PUCCH from the subset of PUCCH resources is utilized for transmission of an acknowledgement (ACK) of the feedback signal. In the same field of endeavor, Chien discloses first PUCCH from the subset of PUCCH resources is utilized for transmission of a non-acknowledgement (NACK) of the feedback signal, wherein a second PUCCH from the subset of PUCCH resources is utilized for transmission of an acknowledgement (ACK) of the feedback signal (par 6, NACK, ACK; Also, pars 155 and 177). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate first PUCCH from the subset of PUCCH resources is utilized for transmission of a non-acknowledgement (NACK) of the feedback signal, wherein a second PUCCH from the subset of PUCCH resources is utilized for transmission of an acknowledgement (ACK) of the feedback signal, as taught by Chien, in the apparatus of Kwak et al., for the purpose of reducing payload (Chien, Abstract). Referring to Claims 12 and 27 as applied to Claims 10 and 25 above, Kwak et al. disclose the apparatus (par 94). However, Kwak et al. do not disclose mapping configuration comprises a minimum and a maximum value of the linear offset. In the same field of endeavor, Chien discloses mapping configuration comprises a minimum and a maximum value of the linear offset (par 123, minimum; par 276, maximum). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate mapping configuration comprises a minimum and a maximum value of the linear offset, as taught by Chien, in the apparatus of Kwak et al., for the purpose of reducing payload (Chien, Abstract). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAIL KHAN whose telephone number is (571)270-7187. The examiner can normally be reached on M-TH 8:30am-6:30pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on 5712727915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Suhail Khan/ Primary Examiner, Art Unit 2642
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Prosecution Timeline

Apr 23, 2024
Application Filed
Jun 11, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+27.4%)
2y 5m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 572 resolved cases by this examiner. Grant probability derived from career allowance rate.

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