Prosecution Insights
Last updated: April 19, 2026
Application No. 18/685,100

CELL WITH COMBINED NONCONTIGUOUS SPECTRUMS

Non-Final OA §102§103
Filed
Feb 20, 2024
Examiner
THOMPSON, JR, OTIS L
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
890 granted / 1002 resolved
+30.8% vs TC avg
Moderate +10% lift
Without
With
+9.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
32 currently pending
Career history
1034
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
50.2%
+10.2% vs TC avg
§102
26.2%
-13.8% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1002 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 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, 6, 7, 18, 22, 23, 29 and 30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pan et al. (US 2011/0261714). Regarding claim 1, Pan et al. disclose A method for wireless communications by a network entity (Paragraph 56, configurations transmitted from a base station), comprising: transmitting, to a user equipment (UE), configuration information configuring the UE for communications on noncontiguous carriers of a single cell (Paragraphs 39 and 66, perform uplink and downlink configurations for each of the component carriers aggregated in a cell; Paragraphs 47 and 68, It is determined whether contiguous or non-contiguous carrier aggregation applies in the cell…if non-contiguous carrier aggregation applies in the cell, then uplink and downlink configurations are performed separately for each of the component carriers; Paragraphs 51 and 69, transmit the uplink and downlink configuration of each component carrier and those of the other component carriers aggregated with the component carrier to an LTE-A UE accessing the corresponding component carrier); and communicating with the UE on the noncontiguous carriers in accordance with the configuration information (Paragraph 24, perform proper transmission and reception of data according to the uplink and downlink configurations). Regarding claim 6, Pan et al. disclose transmitting, to the UE, signaling configuring at least one bandwidth part (BWP) with resource blocks (RBs) that span at least two noncontiguous carriers (Paragraph 4, Non-contiguous LTE carriers across a plurality of frequency bands are aggregated for a wider transmission bandwidth of the LTE-A. FIG. 1 illustrates an example of non-contiguous multi-carrier aggregation, where LTE carriers non-contiguous across four frequency bands are aggregated for a transmission bandwidth of the system; Paragraph 58, The LTE A UE accessing each of LTE TDD carriers shall acquire the uplink and downlink configurations of the other carriers aggregated with the carrier to provide a wider transmission bandwidth; Paragraphs 69-70, broadcast message or upper layer signaling). Regarding claim 7, Pan et al. disclose wherein the at least one BWP comprises at least one of a downlink BWP or an uplink BWP (Paragraph 58, uplink and downlink configuration…to provide a wider transmission bandwidth). Regarding claim 18, Pan et al. disclose A method for wireless communications by a user equipment (UE) (Paragraph 56, configurations received by a UE), comprising: Receiving, from a network entity, configuration information configuring the UE for communications on noncontiguous carriers of a single cell (Paragraphs 39 and 66, perform uplink and downlink configurations for each of the component carriers aggregated in a cell; Paragraphs 47 and 68, It is determined whether contiguous or non-contiguous carrier aggregation applies in the cell…if non-contiguous carrier aggregation applies in the cell, then uplink and downlink configurations are performed separately for each of the component carriers; Paragraphs 51 and 69, transmit the uplink and downlink configuration of each component carrier and those of the other component carriers aggregated with the component carrier to an LTE-A UE accessing the corresponding component carrier); and communicating with the network entity on the noncontiguous carriers in accordance with the configuration information (Paragraph 24, perform proper transmission and reception of data according to the uplink and downlink configurations). Regarding claim 22, Pan et al. disclose receiving signaling configuring at least one bandwidth part (BWP) with resource blocks (RBs) that span at least two noncontiguous carriers (Paragraph 4, Non-contiguous LTE carriers across a plurality of frequency bands are aggregated for a wider transmission bandwidth of the LTE-A. FIG. 1 illustrates an example of non-contiguous multi-carrier aggregation, where LTE carriers non-contiguous across four frequency bands are aggregated for a transmission bandwidth of the system; Paragraph 58, The LTE A UE accessing each of LTE TDD carriers shall acquire the uplink and downlink configurations of the other carriers aggregated with the carrier to provide a wider transmission bandwidth; Paragraphs 69-70, broadcast message or upper layer signaling). Regarding claim 23, Pan et al. disclose wherein the at least one BWP comprises at least one of a downlink BWP or an uplink BWP (Paragraph 58, uplink and downlink configuration…to provide a wider transmission bandwidth). Regarding claim 29, the functional limitations are rejected for similar reasons set forth in rejecting claim 1 above. Pan et al. additionally disclose a network entity (Paragraph 56, base station) for wireless communications, comprising a memory (Memory is inherent in the base station for communicating with the UE) and a processor coupled to the memory (Paragraphs 66-71, configuration module and transmission module correspond to processor; Processor and memory coupling is inherent in the base station for communicating with the UE), the processor and the memory configured to perform the functional limitations. Regarding claim 30, the functional limitations are rejected for similar reasons set forth in rejecting claim 18 above. Pan et al. additionally disclose a user equipment (UE) (Paragraph 56, UE) for wireless communications, comprising a memory (Memory is inherent in the UE for communicating with the base station) and a processor coupled to the memory (Processor and memory coupling is inherent in the UE for communicating with the base station), the processor and the memory configured to perform the functional limitations. 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) 2, 3, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. as applied to claims 1 and 18 above, and further in view of Xiao et al. (US 2021/0167928). Regarding claims 2 and 19, Pan et al. disclose the claimed invention above as well as the configuration information configuring noncontiguous carriers of a single cell (See respective rejections of claims 1 and 18 above) but do not disclose the following limitations that are disclosed by Xiao et al.: wherein the configuration information indicates: two or more frequency reference points, each to define one of the noncontiguous carriers (Xiao et al., Paragraph 128, One cell may include one downlink carrier [frequency reference point] and one uplink carrier [frequency reference point]… To efficiently use fragmented spectrums, carrier aggregation supports aggregation of different component carriers. The different component carriers described herein may be component carriers with a same bandwidth or different bandwidths, or adjacent or non-adjacent component carriers in a same frequency band, or may be component carriers in different frequency bands. Based on this, carrier aggregation may be classified into intra-band contiguous carrier aggregation, intra-band non-contiguous carrier aggregation, and inter-band non-contiguous carrier aggregation). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pan et al. with the cited disclosure from Xiao et al. in order to efficiently use fragmented spectrums (Xiao et al., Paragraph 128). Regarding claims 3 and 20, Xiao et al. disclose wherein: at least a first one of the frequency reference points defines a carrier for uplink transmission; and at least a second one of the frequency reference points defines a carrier for downlink transmission (Paragraph 128, One cell may include one downlink carrier [frequency reference point] and one uplink carrier [frequency reference point]). Claim(s) 4, 5 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. in view of Xiao et al. as applied to claims 2 and 19 above, and further in view of Li et al. (US 2021/0084653). Regarding claims 4, Pan et al. in view of Xiao et al. disclose the claimed invention above but do not disclose the following limitations that are disclosed by Li et al.: wherein, for each of the noncontiguous carriers (Li et al., Paragraphs 260-261, noncontiguous), the configuration information indicates: a frequency offset to a corresponding frequency reference point and a carrier bandwidth (Li et al., Paragraph 276, configuring offsets of the start positions of the at least two downlink virtual carriers relative to the reference point; Paragraphs 277 and 279, configuring offset using start position relative to reference point and end position of carrier). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Pan et al. and Xiao et al. with the cited disclosure from Li et al. in order to improve throughput, scheduling and load balancing while reducing complexity and increasing peak rate of service (Li et al., Paragraph 270). Regarding claim 5, Li et al. disclose wherein the carrier bandwidth indicated for each noncontiguous carrier is based on an associated reference subcarrier spacing (Paragraphs 270, 271, 275, subcarrier spacing). Regarding claims 21, Pan et al. in view of Xiao et al. disclose the claimed invention above but do not disclose the following limitations that are disclosed by Li et al.: wherein, for each of the noncontiguous carriers (Li et al., Paragraphs 260-261, noncontiguous), the configuration information indicates: a frequency offset to a corresponding frequency reference point and a carrier bandwidth (Li et al., Paragraph 276, configuring offsets of the start positions of the at least two downlink virtual carriers relative to the reference point; Paragraphs 277 and 279, configuring offset using start position relative to reference point and end position of carrier); or the carrier bandwidth indicated for each noncontiguous carrier is based on an associated reference subcarrier spacing (Li et al., Paragraphs 270, 271, 275, subcarrier spacing). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Pan et al. and Xiao et al. with the cited disclosure from Li et al. in order to improve throughput, scheduling and load balancing while reducing complexity and increasing peak rate of service (Li et al., Paragraph 270). Claim(s) 8,-10, 12, 13, 24, 25 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. as applied to claims 6 and 22 above, and further in view of Li et al. Regarding claims 8 and 24, Pan et al. disclose the claimed invention above but do not disclose the following limitations that are disclosed by Pan et al.: wherein the at least one BWP is configured with one or more pairs of starting RBs and BWP bandwidths ("starting RB and BWP bandwidth pairs"), each starting RB and BWP bandwidth pair corresponding to a continuous RB segment in one of the noncontiguous carriers (Li et al., Paragraph 313, the first indication information may be used to indicate the start position and the end position of the first BWP, or the first indication information may be used to indicate the start position of the first BWP and the bandwidth value of the first BWP…resource blocks on the first downlink virtual carrier may be numbered from an index 0 in a frequency increasing direction. In this case, the fourth index may correspond to a number of a resource block corresponding to the start position of the first BWP in the first downlink virtual carrier. It should be understood that, the resource blocks in the first downlink virtual carrier may alternatively be numbered from an index 1. This is not limited in this embodiment of the application. It should be understood that bandwidth of the first BWP may include X1 subcarriers. For example, the bandwidth of the first BWP may be Y1 resource blocks and X1 subcarriers). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pan et al. with the cited disclosure from Li et al. in order to improve throughput, scheduling and load balancing while reducing complexity and increasing peak rate of service (Li et al., Paragraph 270). Regarding claim 9, Li et al. disclose wherein each of the one or more starting RB and BWP bandwidth pairs is associated with a frequency reference point (Paragraphs 38 and 282, resource block reference point). Regarding claims 10 and 25, Li et al. disclose wherein the one or more starting RB and BWP bandwidth pairs of the at least one BWP are associated with a frequency reference point shared by all noncontiguous carriers spanned by the RBs of the BWP (Paragraphs 42, 92, the configuration information includes indexes of common resource blocks corresponding to at least two downlink virtual carriers in the N downlink virtual carriers, and the common resource blocks corresponding to the at least two downlink virtual carriers have a same reference point). Regarding claims 12 and 27, Li et al. disclose wherein a common reference subcarrier spacing is configured for all starting RB and bandwidth pairs of the BWP (Paragraph 8, the N downlink virtual carriers correspond to a same subcarrier spacing, and the M uplink virtual carriers correspond to a same subcarrier spacing; Paragraph 282, a reference point may be determined based on an offset Ost 0 between the reference point and a reference frequency position. After the reference point is determined, a common resource block may be determined based on a subcarrier spacing of a first downlink virtual carrier or the second downlink virtual carrier). Regarding claim 13, Li et al. disclose consecutively numbering RBs in the BWP across two or more continuous RB segments in the noncontiguous carriers (Paragraph 236, one BWP is a frequency domain resource on which N non-overlapping consecutive resource blocks (resource block, RB) are located… one BWP is a frequency domain resource on which M non-overlapping consecutive resource block groups (resource block group, RBG) are located, and one RBG includes P consecutive RBs). Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. in view of Li et al. as applied to claim 13 above, and further in view of Li et al. (US 2020/0296758, hereinafter referred to as Li II). Regarding claim 14, Pan et al. in view of Li et al. disclose the claimed invention above but do not disclose the following limitations that are disclosed by Li II: setting a frequency domain resource assignment (FDRA) field of a downlink control information (DCI) for scheduling data in the BWP, based on the numbering of RBs (Li II, Paragraphs 89, 94, DCI including frequency domain resource allocation indication to indicate index of start RB and quantity of RB consecutive allocated). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Pan et al. and Li et al. with the cited disclosure from Li II in order to perform resource allocation (Li II, Paragraphs 88-89, 93-94). Claim(s) 17 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. as applied to claims 1 and 18 above, and further in view of Marupaduga et al. (US 10,129,889). Regarding claims 17 and 28, Pan et al. disclose the claimed invention above as well as the UE receiving communication configuration information for noncontiguous carriers in a single cell from a network entity (See rejections of claims 1 and 18 above) but do not disclose the following limitations that are disclosed by Marupaduga et al.: receiving/transmitting capability information of the UE (Marupaduga et al., Column 10 lines 30-35 and lines 40-44, base station determines whether the UE supports non-contiguous carrier aggregation based on the UE informing the base station about the UE’s carrier aggregation capabilities and limitations); and transmitting/receiving the configuration to the UE only if the capability information indicates the UE supports communications on noncontiguous carriers (Marupaduga et al., Figures 5-7, base station informs UE of allocation based on determined UE carrier aggregation capabilities). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pan et al. with the cited disclosure from Marupaduga et al. in order to allow a base station to select and allocate a high quality and/or reliable carrier from multiple available carriers (Marupaduga et al., Column 2 lines 62-64). Allowable Subject Matter Claims 11, 15, 16 and 26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: regarding claims 11 and 26, the prior art does not disclose or adequately suggest that all RBs in noncontiguous carrier between the lowest and highest frequencies subcarriers are allocated to a BWP and that one or more pairs of starting RB and bandwidth are configured for the lowest frequency containing the BWP; regarding claim 15 (with further dependent claim 16), the prior art does not disclose or adequately suggest that a single DCI is used to schedule transmission in multiple BWPs spanning different noncontiguous carriers. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OTIS L THOMPSON, JR whose telephone number is (571)270-1953. The examiner can normally be reached Monday - Friday, 6:30am - 7:00pm. 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, Chirag G. Shah can be reached at (571)272-3144. 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. /OTIS L THOMPSON, JR/Primary Examiner, Art Unit 2477 January 21, 2026
Read full office action

Prosecution Timeline

Feb 20, 2024
Application Filed
Jan 21, 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
89%
Grant Probability
99%
With Interview (+9.9%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1002 resolved cases by this examiner. Grant probability derived from career allow rate.

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