Prosecution Insights
Last updated: April 19, 2026
Application No. 18/659,879

UPLINK BEAM DITHERING

Non-Final OA §102§103
Filed
May 09, 2024
Examiner
BEYEN, ZEWDU A
Art Unit
2461
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
98%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
697 granted / 836 resolved
+25.4% vs TC avg
Moderate +14% lift
Without
With
+14.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
39 currently pending
Career history
875
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
59.0%
+19.0% vs TC avg
§102
20.1%
-19.9% vs TC avg
§112
10.4%
-29.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 836 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. 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 ( 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 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. Claim(s) 1-8,11 -16,19-20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by L aghate to ( US20220286882 A1 ) Regarding claims 1 , 12,20 L aghate teaches a user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors, coupled to the one or more memories, ( [000 8 ] An apparatus for wireless communication at a UE is described. The apparatus may include a processor, memory coupled with the processor, and instructions stored in the memory) configured to cause the UE to: identify a group of candidate UE beams associated with transmitting a sounding reference signal (SRS) transmission; ([009 6 ] The wireless communications system 100 may implement techniques to use CSI- RS for beam dithering. .. a UE 115 may identify a set of candidate UE beams based on SSB measurements or past CSI-RS measurements ) identify a symbol of a slot in which to transmit the SRS transmission; ( [009 6 ] The UE 115 may predict a slot and symbol which may be used for a CSI-RS for acquisition based on previously scheduled aperiodic resources or previous CSI-RS configurations) transmit the SRS transmission in the symbol and using a candidate UE beam from the group of candidate UE beams ; ([011 8 ] The UE 115 may use switch to use the candidate UE beam 315 for a window of slots around the predicted slot. .. the UE 115 may use switch to the candidate UE beam 315 for the slot 310-b, the slot 310-a, and the slot 310-c. .. the UE 115 may use the candidate UE beam 315 for PDCCH, PDSCH, PUCCH, PUSCH, sounding reference signal (SRS) transmissions) selectively configure the candidate UE beam as an uplink serving UE beam based at least in part on a performance characteristic associated with the candidate UE beam ([009 9 ] The UE 215 may measure SSBs using multiple UE beams 220 and select a beam as a serving UE beam based on the measurements …. serving UE beam may, for example, be used to receive or transmit on PDCCH, PDSCH, a physical uplink control channel (PUCCH), a physical uplink shared channel (PUSCH), or a random access channel (RACH) message (e.g., RACH message 3), or any combination thereof) Regarding claims 2 , 13 L aghate teaches wherein the group of candidate UE beams is identified based at least in part on a group of synchronization signal block (SSB) metrics associated with the group of candidate UE beams ([009 9 ] The UE 215 may measure SSBs using multiple UE beams 220 and select a beam as a serving UE beam based on the measurements ….) . Regarding claim 3 , L aghate teaches wherein the symbol is identified based at least in part on a prediction associated with aperiodic SRS transmissions ( [0096]The UE 115 may predict a slot and symbol which may be used for a CSI-RS for acquisition based on previously scheduled aperiodic resources or previous CSI-RS configurations ) . Regarding claim 4 , L aghate teaches wherein the symbol is identified based at least in part on a configuration associated with periodic SRS transmissions ([0122] Discloses the UE 415 may predict the set of time resources based on the one or more previous CSI-RS configuration. For example, the UE 415 may predict when the CSI-RS will be transmitted (e.g., in which slot or in which symbol of the slot) in order to provide sufficient time to switch from a serving UE beam to a candidate UE beam) . Regarding claim 5 , L aghate teaches wherein the one or more processors are further configured to cause the UE to transmit a physical uplink control channel (PUCCH) communication or a physical uplink shared channel (PUSCH) communication in one or more symbols of the slot and using the candidate UE beam ([009 9 ] select a beam as a serving UE beam based on the measurements …. serving UE beam may, for example, be used to receive or transmit on PDCCH, PDSCH, a physical uplink control channel (PUCCH), a physical uplink shared channel (PUSCH), or a random access channel (RACH) message (e.g., RACH message 3), or any combination thereof) . Regarding claim 6 , L aghate teaches wherein the one or more processors are further configured to cause the UE to transmit another SRS transmission, a physical uplink control channel (PUCCH) communication, or a physical uplink shared channel (PUSCH) communication in other slots and using the candidate UE beam ([009 9 ] select a beam as a serving UE beam based on the measurements …. serving UE beam may, for example, be used to receive or transmit on PDCCH, PDSCH, a physical uplink control channel (PUCCH), a physical uplink shared channel (PUSCH), or a random access channel (RACH) message (e.g., RACH message 3), or any combination thereof) . Regarding claims 7 , 15 L aghate teaches wherein the one or more processors are further configured to cause the UE to receive an indication of the performance characteristic associated with the candidate UE beam ([0120] discloses UE 415 may measure multiple different beams. In some cases, the UE 415 may measure an RSRP a channel impulse response, or another characteristic of the SSBs.[0121] At 420, the UE 415 may select a serving UE beam and a set of candidate UE beams for measuring a CSI-RS based on the set of SSB measurements. For example, the UE 415 may select a UE beam associated with an SSB which has a highest RSRP measurement of the set of SSB measurements for the serving UE beam) . Regarding claims 8 , 16 L aghate teaches wherein the one or more processors are further configured to cause the UE to: transmit another SRS transmission using a current uplink serving UE beam ([0120] discloses UE 415 may measure multiple different beams. In some cases, the UE 415 may measure an RSRP a channel impulse response, or another characteristic of the SSBs ) ; and receive an indication of a performance characteristic associated with the current uplink serving UE beam ( [0121] At 420, the UE 415 may select a serving UE beam and a set of candidate UE beams for measuring a CSI-RS based on the set of SSB measurements … select a UE beam associated with an SSB which has a highest RSRP measurement of the set of SSB measurements for the serving UE beam) . Regarding claims 11 , 19 L aghate teaches wherein the performance characteristic includes a change associated with at least one of a modulation and coding scheme (MCS), a rank, or a transmit power control (TPC) setting ([0092] Discloses based on the rank-1 characteristic of the SSB, the SSB may not be used to optimize rank-2 performance for UE beam selection. Some networks may perform beam selection based on a CSI-RS P3) . 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. Claim (s) 9 ,17 is/are rejected under 35 U.S.C. 103 as being unpatentable over L aghate to (US20220286882 A1) in view of L evitsky to (US20220225311 A1) Regarding claims 9 , 17 L aghate does not explicitly teach wherein the one or more processors, to cause the UE to selectively configure the candidate UE beam as the uplink serving UE beam, are configured to cause the UE to: determine that the performance characteristic associated with the candidate UE beam is better than a performance characteristic associated with a current uplink serving UE beam; and configure the candidate UE beam as the uplink serving UE beam based at least in part on the determination that the performance characteristic associated with the candidate UE beam is better than the performance characteristic associated with the current uplink serving UE beam However, L evitsky teaches wherein the one or more processors, to cause the UE to selectively configure the candidate UE beam as the uplink serving UE beam, are configured to cause the UE to: determine that the performance characteristic associated with the candidate UE beam is better than a performance characteristic associated with a current uplink serving UE beam; ([0040] discloses the UE may determine that there is a superior beam (a second UE beam) to a currently-utilized serving beam (a first UE beam). In response, the UE may send to the base station (e.g., via a serving beam) a proactive indication that the UE will perform a beam switch from the first UE beam to the second UE beam) and configure the candidate UE beam as the uplink serving UE beam based at least in part on the determination that the performance characteristic associated with the candidate UE beam is better than the performance characteristic associated with the current uplink serving UE beam ([0044] discloses The UE may transmit the aperiodic SRS to the base station according to the scheduling information… the base station may process the aperiodic SRS and may determine updated uplink data channel (e.g., PUSCH) transmission parameters for the UE aligned with the new UE beam (or the new associated composite/serving uplink (UL) beam)) Therefore; it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of L aghate include wherein the one or more processors, to cause the UE to selectively configure the candidate UE beam as the uplink serving UE beam, are configured to cause the UE to: determine that the performance characteristic associated with the candidate UE beam is better than a performance characteristic associated with a current uplink serving UE beam; and configure the candidate UE beam as the uplink serving UE beam based at least in part on the determination that the performance characteristic associated with the candidate UE beam is better than the performance characteristic associated with the current uplink serving UE beam , as suggested by L evitsky. This modification would benefit the system to reduce signal interference. Claim (s) 10 ,18 is/are rejected under 35 U.S.C. 103 as being unpatentable over L aghate to (US20220286882 A1) in view of Raghavan to (US 20220167333 A1) Regarding claims 10 , 18 L aghate does not explicitly teach wherein the one or more processors, to cause the UE to selectively configure the candidate UE beam as the uplink serving UE beam, are configured to cause the UE to: determine that the performance characteristic associated with the candidate UE beam is not better than a performance characteristic associated with a current uplink serving UE beam; and refrain from configuring the candidate UE beam as the uplink serving UE beam based at least in part on the determination that the performance characteristic associated with the candidate UE beam is not better than the performance characteristic associated with the current uplink serving UE beam However, Raghavan teaches wherein the one or more processors, to cause the UE to selectively configure the candidate UE beam as the uplink serving UE beam, are configured to cause the UE to: determine that the performance characteristic associated with the candidate UE beam is not better than a performance characteristic associated with a current uplink serving UE beam; ( [0122] discloses at the antenna module 420- b, the UE 115- c may receive an SSB from the second port of the cell 460 via the beam 405- b using the beam 415- c. In such examples, the UE 115- c may compare the DOF 430 of the second port of the cell 460 with the DOF 450 of the antenna modules 420- b and, based on the comparison, may determine whether to select the beam 405- b as a candidate beam. In examples in which the second port of the cell 460 has a DOF 430 of 28 GHz and the antenna module 420- b has a DOF 450 of 57 GHz, the UE 115- c may determine that the second port of the cell 460 has a DOF 430 outside of the threshold range from the DOF 450 of the antenna module 420- b ) and refrain from configuring the candidate UE beam as the uplink serving UE beam based at least in part on the determination that the performance characteristic associated with the candidate UE beam is not better than the performance characteristic associated with the current uplink serving UE beam ( [0122] discloses the UE 115- c may refrain from selecting the beam 405- b as a candidate beam (as illustrated by a dotted line) within the set of candidate beams that the cell 460 and the cell 465 may use for communication with the UE 115- c ) Therefore; it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to enable the system of L aghate include wherein the one or more processors, to cause the UE to selectively configure the candidate UE beam as the uplink serving UE beam, are configured to cause the UE to: determine that the performance characteristic associated with the candidate UE beam is not better than a performance characteristic associated with a current uplink serving UE beam; and refrain from configuring the candidate UE beam as the uplink serving UE beam based at least in part on the determination that the performance characteristic associated with the candidate UE beam is not better than the performance characteristic associated with the current uplink serving UE beam , as suggested by Raghavan . This modification would benefit the system to reduce signal interference. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ZEWDU A BEYEN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7157 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 9:00-6:00 . 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 Huy D Vu can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-3155 . 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. /ZEWDU A BEYEN/ Primary Examiner, Art Unit 2461
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Prosecution Timeline

May 09, 2024
Application Filed
Mar 27, 2026
Non-Final Rejection — §102, §103 (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
83%
Grant Probability
98%
With Interview (+14.5%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 836 resolved cases by this examiner. Grant probability derived from career allow rate.

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