Prosecution Insights
Last updated: April 19, 2026
Application No. 18/692,674

CONSIDERATIONS ON SECRET KEY EXTRACTION

Non-Final OA §103
Filed
Mar 15, 2024
Examiner
MILLER, SHAWN D
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
96%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 96% — above average
96%
Career Allow Rate
217 granted / 226 resolved
+38.0% vs TC avg
Moderate +6% lift
Without
With
+5.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
20 currently pending
Career history
246
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
61.0%
+21.0% vs TC avg
§102
16.5%
-23.5% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 226 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 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 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. Claim(s) 1, 4-6, 13, 16-18, 25 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Guo (US 2020/0044797 A1) in view of Lin (US 2020/0245333 A1). Regarding Claim 1, Guo discloses the below limitation(s): a processor; memory coupled with the processor (Guo Fig 2 processor 225 and memory 230); and instructions stored in the memory and operable, when executed by the processor, to cause the UE to: receive, from a base station, a configuration including a key extraction mode (Fig 16 block 1602 UE receives a sounding reference signal (SRS) resource configuration from a BS and/or block 1606 UE receives a TCI state configuration with comprises [0011] an ID indicating the SRS resource configuration, which is interpreted as a "key"); transmit a sounding reference signal (SRS) to the base station (Fig 16 block 1610 UE transmits the SRS based on the SRS resource configuration and TCI state); receive a signal from the base station in response to the SRS (Fig 15 block 1502 serving gNB can signal DCI format 0_0 to the UE to schedule a PUSCH transmission which indicates one RS ID (i.e. key)), Guo does not disclose the below limitation(s): wherein, in response to the key extraction mode, the signal is precoded based on a key; and extract the key from the signal. In the same field of endeavor of encrypted communication, Lin does disclose the below limitation(s): receive a signal from the base station in response to the SRS (Lin [0370] additional RS can be transmitted by gNB to a single UE and carry at least the associated UE ID (i.e. key)), wherein, in response to the key extraction mode, the signal is precoded based on a key ([0371] wherein DCI format has CRC scrambled by C-RNTI (i.e. UE ID i.e. key), which is interpreted as precoded based on a key); and extract the key from the signal ([0371] UE can determine ID (i.e. key) by decoding the associated RRC parameter in a PDSCH schedule by a DCI format with CRC scrambled by C-RNTI (i.e. pre-coded)). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Guo to include transmitting a precoded message from a BS to a UE after the UE transmits an SRS to the BS as taught by Lin. The suggestion/motivation to do so would have been to enable encrypted communication between the UE and the BS after transmission of SRS and without exchanging a security context. Therefore, it would have been obvious to combine Guo and Lin to obtain the invention, as specified in the instant claim. Regarding Claim 4, Guo and Lin disclose the limitation(s) of Claim 1. Guo does not disclose the below limitation(s): wherein the signal is repeated in a plurality of reference signal resource elements over time. In the same field of endeavor of encrypted communication, Lin does disclose the below limitation(s): wherein the signal is repeated in a plurality of reference signal resource elements over time (Lin [0370] additional RS can be transmitted by gNB to a single UE and carry at least the associated UE ID (i.e. key)). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned UE/BS/method for wireless communication to include repeating a signal comprising a key/ID as taught by Lin. The suggestion/motivation to do so would have been to repeat transmission comprising the key/ID in order to ensure that the UE is able to successfully receive and extract the key from the signal. Therefore, it would have been obvious to combine Guo and Lin to obtain the invention, as specified in the instant claim. Regarding Claim 5, Guo and Lin disclose the limitation(s) of Claim 1. Guo further discloses the below limitation(s): wherein the instructions, when executed by the processor, further cause the UE to transmit the SRS from a first antenna port of the UE, and to receive the signal at the first antenna port of the UE (Guo Fig 16 block 1610 UE transmits the SRS based on the SRS resource configuration and TCI state). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned UE/BS/method for wireless communication to include transmit and receive SRS as taught by Guo. The suggestion/motivation to do so would have been to transmit SRS from the UE such that the BS is enabled to determine characteristics of the wireless connection prior to subsequent communication. Therefore, it would have been obvious to combine Guo and Lin to obtain the invention, as specified in the instant claim. Regarding Claim 6, Guo and Lin disclose the limitation(s) of Claim 1. Guo further discloses the below limitation(s): wherein the signal is repeated in a plurality of resources comprising resource elements, resource blocks, or precoding resource groups (Guo [0102] digital precoding can be varied across resource blocks; [0086] teaches HARQ ACK-NACK which comprise repeat transmission of a signal). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned UE/BS/method for wireless communication to include repeating a signal as taught by Guo. The suggestion/motivation to do so would have been to ensure that the UE successfully receives and decodes the signal to obtain the secret key. Therefore, it would have been obvious to combine Guo and Lin to obtain the invention, as specified in the instant claim. Regarding Claim 13, Guo discloses the below limitation(s): a processor; memory coupled with the processor (Guo Fig 2 processor 225 and memory 230); and instructions stored in the memory and operable, when executed by the processor, to cause the base station to: transmit, to a user equipment (UE), a configuration including a key extraction mode (Fig 16 block 1602 UE receives a sounding reference signal (SRS) resource configuration from a BS and/or block 1606 UE receives a TCI state configuration with comprises [0011] an ID indicating the SRS resource configuration, which is interpreted as a "key"); receive a sounding reference signal (SRS) from the UE (Fig 16 block 1606 UE receives a TCI state that includes an ID indicating the SRS resource configuration, which is interpreted as a key and Fig 16 block 1610 UE transmits the SRS based on the SRS resource configuration and TCI state); and Guo does not disclose the below limitation(s): transmit a signal to the UE in response to the SRS, wherein the signal is precoded based on a key in response to the key extraction mode. In the same field of endeavor of encrypted communication, Lin does disclose the below limitation(s): transmit a signal to the UE in response to the SRS (Lin [0370] additional RS can be transmitted by gNB to a single UE and carry at least the associated UE ID (i.e. key)), wherein the signal is precoded based on a key in response to the key extraction mode ([0371] wherein DCI format has CRC scrambled by C-RNTI (i.e. UE ID i.e. key), which is interpreted as precoded based on a key). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Guo to include transmitting a precoded message from a BS to a UE after the UE transmits an SRS to the BS as taught by Lin. The suggestion/motivation to do so would have been to enable encrypted communication between the UE and the BS after transmission of SRS and without exchanging a security context. Therefore, it would have been obvious to combine Guo and Lin to obtain the invention, as specified in the instant claim. Regarding Claim 16, Guo and Lin disclose the limitation(s) of Claim 13. Guo does not disclose the below limitation(s): wherein the instructions, when executed by the processor, further cause the base station to repeat transmission of the signal in a plurality of reference signal resource elements over time. In the same field of endeavor of encrypted communication, Lin does disclose the below limitation(s): wherein the instructions, when executed by the processor, further cause the base station to repeat transmission of the signal in a plurality of reference signal resource elements over time (Lin [0370] additional RS can be transmitted by gNB to a single UE and carry at least the associated UE ID (i.e. key)). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned UE/BS/method for wireless communication to include repeating a signal comprising a key/ID as taught by Lin. The suggestion/motivation to do so would have been to repeat transmission comprising the key/ID in order to ensure that the UE is able to successfully receive and extract the key from the signal. Therefore, it would have been obvious to combine Guo and Lin to obtain the invention, as specified in the instant claim. Regarding Claim 17, Guo and Lin disclose the limitation(s) of Claim 13. Guo further discloses the below limitation(s): wherein the SRS is received from an antenna port of the UE, and the signal is transmitted to a same antenna port of the UE (Guo wherein the SRS is received from an antenna port of the UE, and the signal is transmitted to a same antenna port of the UE.). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned UE/BS/method for wireless communication to include transmit and receive SRS as taught by Guo. The suggestion/motivation to do so would have been to transmit SRS from the UE such that the BS is enabled to determine characteristics of the wireless connection prior to subsequent communication. Therefore, it would have been obvious to combine Guo and Lin to obtain the invention, as specified in the instant claim. Regarding Claim 18, Guo and Lin disclose the limitation(s) of Claim 13. Guo further discloses the below limitation(s): wherein the instructions, when executed by the processor, further cause the base station to repeat transmission of the signal in a plurality of resources comprising resource elements, resource blocks, or precoding resource groups (Guo [0102] digital precoding can be varied across resource blocks; [0086] teaches HARQ ACK-NACK which comprise repeat transmission of a signal). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned UE/BS/method for wireless communication to include repeating a signal as taught by Guo. The suggestion/motivation to do so would have been to ensure that the UE successfully receives and decodes the signal to obtain the secret key. Therefore, it would have been obvious to combine Guo and Lin to obtain the invention, as specified in the instant claim. Regarding Claim 25, Guo discloses the below limitation(s): receiving, from a base station, a configuration including a key extraction mode (Guo Fig 16 block 1602 UE receives a sounding reference signal (SRS) resource configuration from a BS and/or block 1606 UE receives a TCI state configuration with comprises [0011] an ID indicating the SRS resource configuration, which is interpreted as a "key"); transmitting a sounding reference signal (SRS) to the base station (Fig 16 block 1606 UE receives a TCI state that includes an ID indicating the SRS resource configuration, which is interpreted as a key and Fig 16 block 1610 UE transmits the SRS based on the SRS resource configuration and TCI state); receiving a signal from the base station in response to the SRS (Fig 15 block 1502 serving gNB can signal DCI format 0_0 to the UE to schedule a PUDSCH transmission which indicates one RS ID (i.e. key)), Guo does not disclose the below limitation(s): wherein, in response to the key extraction mode, the signal is precoded based on a key; and extracting the key from the signal. In the same field of endeavor of encrypted communication, Lin does disclose the below limitation(s): receiving a signal from the base station in response to the SRS (Lin [0370] additional RS can be transmitted by gNB to a single UE and carry at least the associated UE ID (i.e. key)), wherein, in response to the key extraction mode, the signal is precoded based on a key ([0371] wherein DCI format has CRC scrambled by C-RNTI (i.e. UE ID i.e. key), which is interpreted as precoded based on a key); and extracting the key from the signal ([0371] UE can determine ID (i.e. key) by decoding the associated RRC parameter in a PDSCH schedule by a DCI format with CRC scrambled by C-RNTI (i.e. pre-coded)). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Guo to include transmitting a precoded message from a BS to a UE after the UE transmits an SRS to the BS as taught by Lin. The suggestion/motivation to do so would have been to enable encrypted communication between the UE and the BS after transmission of SRS and without exchanging a security context. Therefore, it would have been obvious to combine Guo and Lin to obtain the invention, as specified in the instant claim. Regarding Claim 28, Guo discloses the below limitation(s): transmitting, to a user equipment (UE), a configuration including a key extraction mode (Guo Fig 16 block 1602 UE receives a sounding reference signal (SRS) resource configuration from a BS and/or block 1606 UE receives a TCI state configuration with comprises [0011] an ID indicating the SRS resource configuration, which is interpreted as a "key"); receiving a sounding reference signal (SRS) from the UE (Fig 16 block 1606 UE receives a TCI state that includes an ID indicating the SRS resource configuration, which is interpreted as a key and Fig 16 block 1610 UE transmits the SRS based on the SRS resource configuration and TCI state); and Guo does not disclose the below limitation(s): transmitting a signal to the UE in response to the SRS, wherein the signal is precoded based on a key in response to the key extraction mode. In the same field of endeavor of encrypted communication, Lin does disclose the below limitation(s): transmitting a signal to the UE in response to the SRS (Lin [0370] additional RS can be transmitted by gNB to a single UE and carry at least the associated UE ID (i.e. key)), wherein the signal is precoded based on a key in response to the key extraction mode ([0371] wherein DCI format has CRC scrambled by C-RNTI (i.e. UE ID i.e. key), which is interpreted as precoded based on a key). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Guo to include transmitting a precoded message from a BS to a UE after the UE transmits an SRS to the BS as taught by Lin. The suggestion/motivation to do so would have been to enable encrypted communication between the UE and the BS after transmission of SRS and without exchanging a security context. Therefore, it would have been obvious to combine Guo and Lin to obtain the invention, as specified in the instant claim. Allowable Subject Matter Claims 2-3, 7-12, 14-15, 19-24, 26-27 and 29-30 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: a thorough and complete search has been conducted and no prior art has been found that solely, or in any reasonable combination, reads on each element of the indicated claim(s). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN D MILLER whose telephone number is (571)272-8599. The examiner can normally be reached M-TR 8-5. 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 C Jiang can be reached at (571) 270-7191. 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. /SHAWN D MILLER/Primary Examiner, Art Unit 2412
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Prosecution Timeline

Mar 15, 2024
Application Filed
Mar 17, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
96%
Grant Probability
99%
With Interview (+5.8%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 226 resolved cases by this examiner. Grant probability derived from career allow rate.

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