Prosecution Insights
Last updated: July 17, 2026
Application No. 18/717,128

SECURING COMMUNICATIONS USING SECURITY KEYS BASED AT LEAST IN PART ON PHYSICAL LAYER PARAMETERS

Non-Final OA §102§103
Filed
Jun 06, 2024
Priority
Feb 17, 2022 — GR 20220100145 +1 more
Examiner
HO, HUY C
Art Unit
2644
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
615 granted / 794 resolved
+15.5% vs TC avg
Strong +20% interview lift
Without
With
+20.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
16 currently pending
Career history
820
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
74.5%
+34.5% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
0.4%
-39.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 794 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-20 and 24-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kunz et al. (Pub. No. US 2024/0244426). Regarding claim 1. Kunz teaches a method of wireless communication performed at a first network node (Kunz, the Abstract), comprising: receiving at least one communication of a plurality of communications associated with at least one physical layer channel, wherein a first set of the plurality of communications includes the at least one communication and is secured by a first security key of a plurality of security keys, and wherein a second set of the plurality of communications is secured by a second security key of the plurality of security keys (Kunz, Fig. 6A, Steps 1-7a, pp [89]-[100]: communications between endpoint 1 and endpoint 2 are secured with keys, e.g., key derivation function KDF); and decrypting the at least one communication based at least in part on the first security key, wherein the first security key is based at least in part on a first set of physical layer parameter values, and wherein the second security key is based at least in part on a second set of physical layer parameter values (Kunz, Fig. 5, pp [86]: decrypting the communications with corresponding algorithm key; and Fig. 6A, Step 7b, pp [101]: decrypting communications with decrypt messages). Regarding claim 25. Kunz teaches a method of wireless communication performed at a second network node (Kunz, the Abstract), comprising: transmitting a first communication of a plurality of communications associated with at least one physical layer channel, wherein a first set of the plurality of communications includes the first communication and is secured by a first security key of a plurality of security keys (Kunz, Fig. 6A, Steps 1-7a, pp [89]-[100]: communications between endpoint 1 and endpoint 2 are secured with keys, e.g., key derivation function KDF); and transmitting a second communication of the plurality of communications, wherein a second set of the plurality of communications is secured by a second security key of the plurality of security keys (Kunz, Fig. 6A, Steps 1-7a, pp [89]-[100]: communications between endpoint 1 and endpoint 2 are secured with keys, e.g., key derivation function). Regarding claim 27. Kunz teaches a first network node for wireless communication (Kunz, the Abstract), comprising: a memory; and one or more processors, coupled to the memory (Kunz, Fig. 8, pp [149]-[150]), configured to: receive at least one communication of a plurality of communications associated with at least one physical layer channel, wherein a first set of the plurality of communications includes the at least one communication and is secured by a first security key of a plurality of security keys, and wherein a second set of the plurality of communications is secured by a second security key of the plurality of security keys (Kunz, Fig. 6A, Steps 1-7a, pp [89]-[100]: communications between endpoint 1 and endpoint 2 are secured with keys, e.g., key derivation function KDF); and decrypt the at least one communication based at least in part on the first security key, wherein the first security key is based at least in part on a first set of physical layer parameter values, and wherein the second security key is based at least in part on a second set of physical layer parameter values (Kunz, Fig. 5, pp [86]: decrypting the communications with corresponding algorithm key; and Fig. 6A, Step 7b, pp [101]: decrypting communications with decrypt messages). Regarding claim 29. Kunz teaches a first network node for wireless communication (Kunz, the Abstract), comprising: a memory; and one or more processors, coupled to the memory (Kunz, Fig. 8, pp [149]-[150]), configured to: transmit a first communication of a plurality of communications associated with at least one physical layer channel, wherein a first set of the plurality of communications includes the first communication and is secured by a first security key of a plurality of security keys (Kunz, Fig. 6A, Steps 1-7a, pp [89]-[100]: communications between endpoint 1 and endpoint 2 are secured with keys, e.g., key derivation function KDF); and transmit a second communication of the plurality of communications, wherein a second set of the plurality of communications is secured by a second security key of the plurality of security keys (Kunz, Fig. 6A, Steps 1-7a, pp [89]-[100]: communications between endpoint 1 and endpoint 2 are secured with keys, e.g., key derivation function KDF). Regarding claim 2. Kunz teaches the method of claim 1, wherein the first set of physical layer parameter values indicates: a component carrier index, a bandwidth part value, a resource pool index associated with a resource pool configured for sidelink operations, a resource pool parameter value associated with the resource pool, a time division duplexing (TDD) pattern parameter value, a frame index, a slot index, a sub-slot index, a slot offset, a reference signal configuration, a periodic signaling parameter value associated with a periodic signal configuration, a resource element frequency index, a resource element time index, or any combination thereof (Kunz, pp [39], [79]-[80], [115]-[118]). Regarding claim 3. Kunz teaches the method of claim 2, wherein the resource pool parameter value indicates at least one of: a power control parameter value, a channel busy ratio, a subcarrier spacing, a number of configured shared channel symbols, a number of configured subchannels, a configured subchannel size, or a starting subchannel (Kunz, pp [46]). Regarding claim 4. Kunz teaches the method of claim 2, wherein the TDD pattern parameter value indicates at least one of: a TDD pattern index, a number of configured downlink symbols, a number of configured uplink symbols, or a number of configured flexible symbols (Kunz, pp [115], [118]-[119]). Regarding claim 5. Kunz teaches the method of claim 2, wherein the periodic signaling parameter value indicates at least one of: a semi-persistent scheduling (SPS) index, a configured grant (CG) index, an SPS periodicity, a CG periodicity, a security key seed associated with the periodic signal configuration, or an occasion index corresponding to an occasion occurring after a periodic signaling activation time (Kunz, pp [115]). Regarding claim 6. Kunz teaches the method of claim 1, wherein the first security key is based at least in part on a first key configuration having a first set of key configuration parameters, and wherein the second security key is based at least in part on a second key configuration having a second set of key configuration parameters (Kunz, pp [115]-[118]). Regarding claim 7. Kunz teaches the method of claim 6, wherein the first key configuration includes a first key derivation function (KDF), the first set of key configuration parameters indicating a first set of KDF inputs corresponding to the first KDF, and wherein the second key configuration includes a second KDF, the second set of key configuration parameters indicating a second set of KDF inputs corresponding to the second KDF (Kunz, pp [80]-[81], [115]-[118]). Regarding claim 8. Kunz teaches the method of claim 6, wherein the first set of key configuration parameters indicates a first security key refresh time and the second set of key configuration parameters indicates a second security key refresh time (Kunz, pp [80]-[81], [115]-[118]). Regarding claim 9. Kunz teaches the method of claim 8, wherein the first set of communications corresponds to a first priority level and the second set of communications corresponds to a second priority level, and wherein the first security key refresh time is shorter than the second security key refresh time based at least in part on the first priority level being higher than the second priority level (Kunz, pp [115]-[119]). Regarding claim 10. Kunz teaches the method of claim 1, wherein the first set of communications corresponds to a first resource element bundle associated with the first security key and the second set of communications corresponds to a second resource element bundle associated with the second security key, wherein the first resource element bundle corresponds to a first set of allocated resources and the second resource element bundle corresponds to a second set of allocated resources (Kunz, pp [80]-[81], [115]-[119]). Regarding claim 11. Kunz teaches the method of claim 10, wherein the first set of allocated resources comprises at least one of a first allocated time resource or a first allocated frequency resource, and wherein the second set of allocated resources comprises at least one of a second allocated time resource or a second allocated frequency resource (Kunz, pp [115]-[118]). Regarding claim 12. Kunz teaches the method of claim 10, wherein the first resource element bundle corresponds to a first bundle pattern and the second resource element bundle corresponds to a second bundle pattern (Kunz, pp [115]-[118]). Regarding claim 13. Kunz teaches the method of claim 12, further comprising receiving a security key pattern configuration that indicates the first bundle pattern and the second bundle pattern (Kunz, pp [80]-[81], [115]-[118]). Regarding claim 14. Kunz teaches the method of claim 12, wherein a wireless communication standard indicates the first bundle pattern and the second bundle pattern (Kunz, pp [80]-[81], [115]-[118]). Regarding claim 15. Kunz teaches the method of claim 12, wherein the first bundle pattern and the second bundle pattern are associated with a sidelink resource pool, the method further comprising determining an activated bundle pattern of the first bundle pattern and the second bundle pattern (Kunz, pp [80]-[81], [115]-[118]). Regarding claim 16. Kunz teaches the method of claim 15, wherein determining the activated bundle pattern comprises receiving an indication of the activated bundle pattern (Kunz, pp [80]-[81], [115]-[118]). Regarding claim 17. Kunz teaches the method of claim 12, further comprising receiving a bundle configuration that indicates a set of bundle patterns for access link communications, wherein the set of bundle patterns includes the first bundle pattern and the second bundle pattern (Kunz, pp [80]-[81], [115]-[118]). Regarding claim 18. Kunz teaches the method of claim 10, wherein a first bundle index corresponds to the first resource element bundle and a second bundle index corresponds to the second resource element bundle, wherein the first security key is based at least in part on a first key configuration having a first set of key configuration parameters, and wherein the second security key is based at least in part on a second key configuration having a second set of key configuration parameters (Kunz, pp [80]-[81], [115]-[118]), wherein the first key configuration includes a first key derivation function (KDF), wherein a first set of KDF inputs corresponding to the first KDF comprises the first bundle index, and wherein the second key configuration includes a second KDF, wherein a second set of KDF inputs corresponding to the second KDF comprises the second bundle index (Kunz, pp [80]-[81], [115]-[118]). Regarding claim 19. Kunz teaches the method of claim 1, wherein the first security key comprises a first subset of security key bits of a set of security key bits corresponding to a security key bit stream based at least in part on a key derivation function (KDF) (Kunz, pp [80]-[81], [115]-[118]), and wherein the second security key comprises a second subset of security key bits of the set of security key bits, wherein a number of security key bits in the first subset of security key bits is based at least in part on a modulation order (Kunz, pp [86], [93], [115], [118]). Regarding claim 20. Kunz teaches the method of claim 19, wherein the first subset of security key bits is mapped to a first resource element of a plurality of resource elements, and wherein the second subset of security key bits is mapped to a second resource element of the plurality of resource elements (Kunz, pp [86], [93], [115], [118]). Regarding claim 24. Kunz teaches the method of claim 19, wherein decrypting the at least one communication comprises mapping the set of security key bits of the security key stream to a plurality of communications of the at least one communication, and wherein mapping the set of security key bits comprises: applying the first subset of security key bits to a first communication of the at least one communication (Kunz, Figs. 4 and 5, pp [85]-[86]); applying the second subset of security key bits to a second communication of the at least one communication (Kunz, Figs. 4 and 5, pp [85]-[86]); refreshing the KDF to determine an updated security key stream (Kunz, Figs. 4 and 5, pp [85]-[86]); and applying a subset of security key bits of a set of security key bits corresponding to the updated security key stream to a third communication of the at least one communication (Kunz, Figs. 4 and 5, pp [85]-[86]). Regarding claim 26. Kunz teaches the method of claim 25, wherein the first set of physical layer parameter values indicates: a component carrier index, a bandwidth part value, a resource pool index associated with a resource pool configured for sidelink operations, a resource pool parameter value associated with the resource pool, a time division duplexing (TDD) pattern parameter value, a frame index, a slot index, a sub-slot index, a slot offset, a reference signal configuration, a periodic signaling parameter value associated with a periodic signal configuration, a resource element frequency index, a resource element time index, or any combination thereof (Kunz, pp [39], [79]-[80], [115]-[118]). Regarding claim 28. Kunz teaches the first network node of claim 27, wherein the first set of physical layer parameter values indicates: a component carrier index, a bandwidth part value, a resource pool index associated with a resource pool configured for sidelink operations, a resource pool parameter value associated with the resource pool, a time division duplexing (TDD) pattern parameter value, a frame index, a slot index, a sub-slot index, a slot offset, a reference signal configuration, a periodic signaling parameter value associated with a periodic signal configuration, a resource element frequency index, a resource element time index, or any combination thereof (Kunz, pp [39], [79]-[80], [115]-[118]). Regarding claim 30. Kunz teaches the first network node of claim 29, wherein the first set of physical layer parameter values indicates: a component carrier index, a bandwidth part value, a resource pool index associated with a resource pool configured for sidelink operations, a resource pool parameter value associated with the resource pool, a time division duplexing (TDD) pattern parameter value, a frame index, a slot index, a sub-slot index, a slot offset, a reference signal configuration, a periodic signaling parameter value associated with a periodic signal configuration, a resource element frequency index, a resource element time index, or any combination thereof (Kunz, pp [39], [79]-[80], [115]-[118]). 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) 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunz et al. (Pub. No. US 2024/0244426) and further in view of Khandani (Pub. No. US 2019/0104121). Regarding claim 21. Kunz does not teach the method of claim 19, wherein the at least one communication comprises a quadrature amplitude modulation (QAM) signal, wherein the first subset of security key bits is appended to the QAM signal. Khandani teaches “communication comprises a quadrature amplitude modulation (QAM) signal, wherein the first subset of security key bits is appended to the QAM signal.” (Khandani, pp [239]: signal communication such as QAM coded with encryption key security information bits). Therefore, it would have been obvious to a person of ordinary skill in the art before the affective filing date of the claimed invention was made to modify Kunz by incorporating teachings of Khandani, method for authentication including interacting with a user by a server in real time to collect verification data for authentication by requiring the user to take an action in real time wherein the authentication comprises communication signals such as QAM signals are secured encrypted with key information bits thus providing the high security and reliability for transmission and therefore improving the secured communication over a wireless communication network. Regarding claim 22. Kunz does not teach the method of claim 19, wherein the at least one communication comprises a quadrature amplitude modulation (QAM) signal, and wherein the QAM signal is phase shift rotated based at least in part on the first subset of security key bits. Khandani teaches “communication comprises a quadrature amplitude modulation (QAM) signal, and wherein the QAM signal is phase shift rotated based at least in part on the first subset of security key bits.” (Khandani, pp [239]: signal communication such as QAM coded with encryption key security information bits). Therefore, it would have been obvious to a person of ordinary skill in the art before the affective filing date of the claimed invention was made to modify Kunz by incorporating teachings of Khandani, method for authentication including interacting with a user by a server in real time to collect verification data for authentication by requiring the user to take an action in real time wherein the authentication comprises communication signals such as QAM signals are secured encrypted with key information bits thus providing the high security and reliability for transmission and therefore improving the secured communication over a wireless communication network. Regarding claim 23. Kunz does not teach the method of claim 19, wherein the at least one communication comprises a network coded quadrature amplitude modulation (QAM) signal representing an exclusive-OR (XOR) of the first subset of security key bits with a set of data bits. Khandani teaches “Khandani teaches “communication comprises a quadrature amplitude modulation (QAM) signal, and wherein the QAM signal is phase shift rotated based at least in part on the first subset of security key bits.” (Khandani, pp [239]: signal communication such as QAM coded with encryption key security information bits). Therefore, it would have been obvious to a person of ordinary skill in the art before the affective filing date of the claimed invention was made to modify Kunz by incorporating teachings of Khandani, method for authentication including interacting with a user by a server in real time to collect verification data for authentication by requiring the user to take an action in real time wherein the authentication comprises communication signals such as QAM signals are secured encrypted with key information bits thus providing the high security and reliability for transmission and therefore improving the secured communication over a wireless communication network. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUY C HO whose telephone number is (571)270-1108. The examiner can normally be reached M-F 8AM-5PM. 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, KATHY WANG-HURST can be reached at (571)270-5371. 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. /HUY C HO/Primary Examiner, Art Unit 2644
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Prosecution Timeline

Jun 06, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
98%
With Interview (+20.4%)
3y 1m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 794 resolved cases by this examiner. Grant probability derived from career allowance rate.

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