Prosecution Insights
Last updated: July 17, 2026
Application No. 18/735,842

Prioritization in Beam Failure Recovery Procedures

Non-Final OA §103
Filed
Jun 06, 2024
Priority
May 10, 2018 — provisional 62/669,473 +2 more
Examiner
AUNG, SAI
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Comcast Cable Communications LLC
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
547 granted / 619 resolved
+30.4% vs TC avg
Minimal +4% lift
Without
With
+4.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
663
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
86.0%
+46.0% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 619 resolved cases

Office Action

§103
DETAILED ACTION Claims status In response to the application filed on 06/06/2024, claims 1-30 are currently pending for the examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Notice of Pre-AIA or AIA Status 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/06/2024 has been placed in the application file, and the information referred therein has been considered as to the merits. Drawings Drawing figures submitted on 06/06/2024 have been reviewed and accepted. 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 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. Claims 1-2, 4, 6-8, 16-17, 19, and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over (Yu et al. US 2019/0037423 A1) in view of Dinan et al. (US 2013/0188580 A1). Regarding claim 1; YU teaches a method comprising: receiving, by a wireless device, at least one configuration parameter associated with beam failure recovery (See Fig. 1: the UE to receive and detect a beam failure condition of the original serving beam. See Abstract and ¶ [0028]); transmitting, via a first physical uplink control channel (PUCCH) (See Fig. 8: in step 802, UE applies dedicated PUCCH resources, instead of dedicated PRACH resources, for BFRQ transmission. ¶ [0041]) in a transmission occasion, a request for beam failure recovery (See Fig. 1: In a second step of new candidate beam identification, UE 102 performs measurements for candidate beam selection… In a third step of beam failure recovery request (BFRQ) transmission, UE 102 transmits a BFRQ message to BS 101 upon the triggering condition for BFRQ transmission is satisfied. ¶ [0028]); and transmitting, via a second PUCCH in the transmission occasion, a second transmission based on (See Fig. 9: s a third embodiment of BFRQ transmission with sequential use of opportunistic PUCCH (i.e., multiple TX of using another or second PUCCH). In step 901, UE evaluates the trigger condition for initiating a beam failure recovery procedure. Typically, UE starts a beam failure recovery timer (BFR-timer) upon all serving BPLs are lost. However, the beam failure recovery message is triggered only when all serving BPLs are lost as well as a candidate beam is identified. In step 902, UE checks whether dedicated PUCCH resources come first. If the answer to step 902 is yes, then in step 903, UE sends BFRQ via PUCCH if configured. In step 904. ¶ [0042]): transmission of the request for beam failure recovery via the first PUCCH in the transmission occasion (See Fig. 8: in step 802, UE applies dedicated PUCCH resources, instead of dedicated PRACH resources, for BFRQ transmission. ¶ [0041]); and the first PUCCH and the second PUCCH in the transmission occasion (See Fig. 9: the figure illustrates a third embodiment of BFRQ transmission with sequential use of opportunistic PUCCH (i.e., first and second PUCCH occasions). ¶ [0042]). YU doesn’t explicitly provide the method wherein a second transmission using a transmission power that is less than a configured transmission power for the second transmission. Dinan further teaches the method wherein a second transmission using a transmission power that is less than a configured transmission power for the second transmission (See Fig. 12: at block 1206, if a total calculated transmission power exceeds a predefined value, the wireless device may reduce or scale the linear transmission power (i.e., being less than the configured TX power) of one or more of the parallel uplink transmission(s) according to a predefined rule. ¶ [0152]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide a second transmission using a transmission power that is less than a configured transmission power for the second transmission as taught by Dinan to have incorporated in the system of YU, so that it would provide that physical radio transmission may be enhanced by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions. Dinan: ¶ [0018]. Regarding claim 2; YU in view of Dinan discloses the method further comprising: based on a determination that a third transmission via a third PUCCH overlaps with a physical uplink shared channel (PUSCH) transmission, and based on the third PUCCH not being associated with beam failure recovery: determining that the PUSCH transmission is prioritized over the third transmission; and dropping the third transmission (Dinan: when the UE's uplink PUCCH/PUSCH/SRS transmissions in subframe n and subframe n+1 are overlapped due to the timing adjustment, the UE may complete transmission of subframe n and not transmit the overlapped part of subframe n+1. ¶ [0189]). Regarding claim 4: YU in view of Dinan teaches the method of claim 1, further comprising: determining, based on at least one configured power parameter, the configured transmission power for the second transmission; and reducing the configured transmission power, wherein the transmitting the second transmission using the transmission power comprises transmitting, based on the reducing the configured transmission power, the second transmission (Dinan-(See Fig. 12: at block 1206, if a total calculated transmission power exceeds a predefined value, the wireless device may reduce or scale the linear transmission power (i.e., being less than the configured TX power) of one or more of the parallel uplink transmission(s) according to a predefined rule. ¶ [0152]). Regarding claim 6; YU teaches the method further comprising: initiating, based on a beam failure associated with a secondary cell, a beam failure recovery procedure, wherein the transmitting the request for beam failure recovery comprises transmitting, based on the beam failure, the request for beam failure recovery, and wherein the request for beam failure recovery comprises a scheduling request (SR) for beam failure recovery (YU: A UE may transmit a Scheduling Request (SR) and/or a buffer status report (BSR) due to uplink data arrival in the UE. A UE may transmit a scheduling request on PUCCH when the UE has data for uplink transmission and UE do not have uplink grants for transmission of a buffer status report. ¶ [0046]). Regarding claim 7; YU teaches the method wherein: the transmission occasion comprises a plurality of symbols corresponding to a transmission period; the transmission of the request for beam failure recovery is associated with at least one first symbol of the transmission period; and the second transmission is associated with at least one second symbol of the transmission period (YU: The BFRQ transmission involves two aspects, the first is the trigger condition, and the second is the selection of BFRQ resources. Triggering UE-initiated transmission for beam failure recovery requires UE to monitor both serving BPL(s) and good BPL currently not used for communication. In case more than one serving BPLs are used, beam failure recovery is triggered when all serving BPLs are lost. Both absolute and relative thresholds similar to RRC measurement events can be used. In one embodiment, the triggering condition for beam failure recovery is satisfied when the serving is worse than a first threshold and the candidate is better than a second threshold. Time-to-trigger can be applied for event evaluation, i.e., event criteria should be satisfied for a certain amount of time before triggering beam failure recovery request. ¶ [0035]). Regarding claim 8; YU teaches the method wherein the transmission of the request for beam failure recovery at least partially overlaps in time with the second transmission (Dinan- Parallel and/or simultaneous transmissions may imply that transmissions are in the same subframe, include the same subframe and/or may overlap during a time period. ¶ [0118]). Regarding claim 16; YU teaches a wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, configure the wireless device to: receive, by a wireless device, at least one configuration parameter associated with beam failure recovery (See Fig. 1: the UE to receive and detect a beam failure condition of the original serving beam. See Abstract and ¶ [0028]); transmit, via a first physical uplink control channel (PUCCH) (See Fig. 8: in step 802, UE applies dedicated PUCCH resources, instead of dedicated PRACH resources, for BFRQ transmission. ¶ [0041]) in a transmission occasion, a request for beam failure recovery (See Fig. 1: In a second step of new candidate beam identification, UE 102 performs measurements for candidate beam selection… In a third step of beam failure recovery request (BFRQ) transmission, UE 102 transmits a BFRQ message to BS 101 upon the triggering condition for BFRQ transmission is satisfied. ¶ [0028]); and transmit, via a second PUCCH in the transmission occasion, a second transmission based on (See Fig. 9: s a third embodiment of BFRQ transmission with sequential use of opportunistic PUCCH (i.e., multiple TX of using another or second PUCCH). In step 901, UE evaluates the trigger condition for initiating a beam failure recovery procedure. Typically, UE starts a beam failure recovery timer (BFR-timer) upon all serving BPLs are lost. However, the beam failure recovery message is triggered only when all serving BPLs are lost as well as a candidate beam is identified. In step 902, UE checks whether dedicated PUCCH resources come first. If the answer to step 902 is yes, then in step 903, UE sends BFRQ via PUCCH if configured. In step 904. ¶ [0042]): transmission of the request for beam failure recovery via the first PUCCH in the transmission occasion (See Fig. 8: in step 802, UE applies dedicated PUCCH resources, instead of dedicated PRACH resources, for BFRQ transmission. ¶ [0041]); and the first PUCCH and the second PUCCH in the transmission occasion (See Fig. 9: the figure illustrates a third embodiment of BFRQ transmission with sequential use of opportunistic PUCCH (i.e., first and second PUCCH occasions). ¶ [0042]). YU doesn’t explicitly provide the method wherein a second transmission using a transmission power that is less than a configured transmission power for the second transmission. Dinan further teaches the method wherein a second transmission using a transmission power that is less than a configured transmission power for the second transmission (See Fig. 12: at block 1206, if a total calculated transmission power exceeds a predefined value, the wireless device may reduce or scale the linear transmission power (i.e., being less than the configured TX power) of one or more of the parallel uplink transmission(s) according to a predefined rule. ¶ [0152]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide a second transmission using a transmission power that is less than a configured transmission power for the second transmission as taught by Dinan to have incorporated in the system of YU, so that it would provide that physical radio transmission may be enhanced by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions. Dinan: ¶ [0018]. Regarding claim 17; YU teaches the wireless device wherein the instructions, when executed by the one or more processors, configure the wireless device to: based on a determination that a third transmission via a third PUCCH overlaps with a physical uplink shared channel (PUSCH) transmission, and based on the third PUCCH not being associated with beam failure recovery: determine that the PUSCH transmission is prioritized over the third transmission; and drop the third transmission (Dinan: when the UE's uplink PUCCH/PUSCH/SRS transmissions in subframe n and subframe n+1 are overlapped due to the timing adjustment, the UE may complete transmission of subframe n and not transmit the overlapped part of subframe n+1. ¶ [0189]). Regarding claim 19; YU teaches the wireless device wherein the instructions, when executed by the one or more processors, configure the wireless device to: determine, based on at least one configured power parameter, the configured transmission power for the second transmission; and reduce the configured transmission power, and wherein the instructions, when executed by the one or more processors, configure the wireless device to transmit the second transmission by transmitting, based on the reducing the configured transmission power, the second transmission (Dinan-See Fig. 12: at block 1206, if a total calculated transmission power exceeds a predefined value, the wireless device may reduce or scale the linear transmission power (i.e., being less than the configured TX power) of one or more of the parallel uplink transmission(s) according to a predefined rule. ¶ [0152]). Regarding claim 21; YU in view of Dinan teaches the wireless device wherein the instructions, when executed by the one or more processors, configure the wireless device to: initiate, based on a beam failure associated with a secondary cell, a beam failure recovery procedure; and transmit, based on the beam failure, the request for beam failure recovery, and wherein the request for beam failure recovery comprises a scheduling request (SR) for beam failure recovery (YU: A UE may transmit a Scheduling Request (SR) and/or a buffer status report (BSR) due to uplink data arrival in the UE. A UE may transmit a scheduling request on PUCCH when the UE has data for uplink transmission and UE do not have uplink grants for transmission of a buffer status report. ¶ [0046]). Regarding claim 22; YU teaches the wireless device wherein: the transmission occasion comprises a plurality of symbols corresponding to a transmission period; the transmission of the request for beam failure recovery is associated with at least one first symbol of the transmission period; and the second transmission is associated with at least one second symbol of the transmission period (YU: The BFRQ transmission involves two aspects, the first is the trigger condition, and the second is the selection of BFRQ resources. Triggering UE-initiated transmission for beam failure recovery requires UE to monitor both serving BPL(s) and good BPL currently not used for communication. In case more than one serving BPLs are used, beam failure recovery is triggered when all serving BPLs are lost. Both absolute and relative thresholds similar to RRC measurement events can be used. In one embodiment, the triggering condition for beam failure recovery is satisfied when the serving is worse than a first threshold and the candidate is better than a second threshold. Time-to-trigger can be applied for event evaluation, i.e., event criteria should be satisfied for a certain amount of time before triggering beam failure recovery request. ¶ [0035]). Regarding claim 23; YU teaches the wireless device of claim 16, wherein the transmission of the request for beam failure recovery at least partially overlaps in time with the second transmission (Dinan- Parallel and/or simultaneous transmissions may imply that transmissions are in the same subframe, include the same subframe and/or may overlap during a time period. ¶ [0118]). Claims 9, 11-15, 24, and 26-30 are rejected under 35 U.S.C. 103 as being unpatentable over YU et al. (US 2019/0037423 A1) in view of HAN et al. (US 2017/0223694 A1). Regarding claim 9; YU teaches a method comprising: receiving, by a wireless device, at least one configuration parameter associated with beam failure recovery (See Fig. 1: the UE to receive and detect a beam failure condition of the original serving beam. See Abstract and ¶ [0028]); transmitting, via a first physical uplink control channel (PUCCH) (See Fig. 8: in step 802, UE applies dedicated PUCCH resources, instead of dedicated PRACH resources, for BFRQ transmission. ¶ [0041]) in a transmission occasion, a request for beam failure recovery (See Fig. 1: In a second step of new candidate beam identification, UE 102 performs measurements for candidate beam selection… In a third step of beam failure recovery request (BFRQ) transmission, UE 102 transmits a BFRQ message to BS 101 upon the triggering condition for BFRQ transmission is satisfied. ¶ [0028]); and transmitting via a second PUCCH in the transmission occasion (See Fig. 9: s a third embodiment of BFRQ transmission with sequential use of opportunistic PUCCH (i.e., multiple TX of using another or second PUCCH). In step 901, UE evaluates the trigger condition for initiating a beam failure recovery procedure. Typically, UE starts a beam failure recovery timer (BFR-timer) upon all serving BPLs are lost. However, the beam failure recovery message is triggered only when all serving BPLs are lost as well as a candidate beam is identified. In step 902, UE checks whether dedicated PUCCH resources come first. If the answer to step 902 is yes, then in step 903, UE sends BFRQ via PUCCH if configured. In step 904. ¶ [0042]), wherein the transmitting is based on; and transmission of the request for beam failure recovery via the first PUCCH in the transmission occasion (See Fig. 8: in step 802, UE applies dedicated PUCCH resources, instead of dedicated PRACH resources, for BFRQ transmission. ¶ [0041]); and the first PUCCH and the second PUCCH in the transmission occasion (See Fig. 9: the figure illustrates a third embodiment of BFRQ transmission with sequential use of opportunistic PUCCH (i.e., first and second PUCCH occasions). ¶ [0042]). Even though, transmitting the first PUCCH and the second PUCCH in the transmission occasion (See Fig. 9: BFRQ transmission with sequential use of opportunistic PUCCH (i.e., first and second PUCCH occasions). ¶ [0042]), YU doesn’t explicitly provide the method wherein dropping a scheduled transmission and the dropping is based on power for the first UL channel being prioritized over power the second UL channel. However, HAN further teaches the method wherein dropping a scheduled transmission and the dropping is based on power for the first UL channel being prioritized over power the second UL channel (Han- See Fig. 2C: The multiple PUCCHs can have an unequal priority level, and the PUCCH with a lower priority level can be dropped and the PUCCH with a higher priority level can be transmitted from the UE 210. ¶ [0039]. The priority of each CH is determined based on the TX Power. See ¶ [0018]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide a scheduled transmission and the dropping is based on power for the first UL channel being prioritized over power the second UL channel as taught by HAN to have incorporated in the system of YU, so that it would provide that the UE can ensure that transmission of the channel complies with a maximum transmission power for a given subframe by dropping the channel with the lower priority level.. HAN: ¶ [0039]. Regarding claim 11; YU in view of HAN teaches the method further comprising: determining, based on at least one configured power parameter, a configured transmission power for the scheduled transmission; and reducing the configured transmission power to zero (Dinan: reducing to Min power. ¶ [0032]). Regarding claim 12; YU in view of HAN teaches the method of claim 9, wherein the dropping is further based on a combined transmission power, comprising a configured transmission power for the transmission of the request for beam failure recovery and a configured transmission power for the scheduled transmission, exceeding an allowed transmission power. HAN: ¶ [0017]. Regarding claim 13; YU teaches the method of claim 9, further comprising: initiating, based on a beam failure associated with a secondary cell, a beam failure recovery procedure, wherein the transmitting the request for beam failure recovery comprises transmitting, based on the beam failure, the request for beam failure recovery (YU-See Fig. 8: in step 802, UE applies dedicated PUCCH resources, instead of dedicated PRACH resources, for BFRQ transmission. ¶ [0041]) in a transmission occasion, a request for beam failure recovery (See Fig. 1: In a second step of new candidate beam identification, UE 102 performs measurements for candidate beam selection… In a third step of beam failure recovery request (BFRQ) transmission, UE 102 transmits a BFRQ message to BS 101 upon the triggering condition for BFRQ transmission is satisfied. ¶ [0028]); and, and wherein the request for beam failure recovery comprises a scheduling request (SR) for beam failure recovery (HAN-a first PUCCH 212 containing a scheduling request (SR) or a hybrid automatic repeat request acknowledgement (HARQ-ACK) can have a higher priority level than a second PUCCH 214 containing channel state information (CSI). ¶ [0036]). Regarding claim 14; YU in view of Dinan discloses the method of claim 9, wherein: the transmission occasion comprises a plurality of symbols corresponding to a transmission period; the transmission of the request for beam failure recovery is associated with at least one first symbol of the transmission period; and the scheduled transmission is associated with at least one second symbol of the transmission period (HAN-a first PUCCH 212 containing a scheduling request (SR) or a hybrid automatic repeat request acknowledgement (HARQ-ACK) can have a higher priority level than a second PUCCH 214 containing channel state information (CSI). ¶ [0032 and 0036]). Regarding claim 15; YU in view of HAN teaches the method of claim 9, wherein the transmission of the request for beam failure recovery at least partially overlaps in time with the scheduled transmission (HAN-a first PUCCH 212 containing a scheduling request (SR) or a hybrid automatic repeat request acknowledgement (HARQ-ACK) can have a higher priority level than a second PUCCH 214 containing channel state information (CSI). ¶ [0032 and 0036]). Regarding claim 24: YU teaches a wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, configure the wireless device to: receive, by a wireless device, at least one configuration parameter associated with beam failure recovery (See Fig. 1: the UE to receive and detect a beam failure condition of the original serving beam. See Abstract and ¶ [0028]); transmit, via a first physical uplink control channel (PUCCH) (See Fig. 8: in step 802, UE applies dedicated PUCCH resources, instead of dedicated PRACH resources, for BFRQ transmission. ¶ [0041]) in a transmission occasion, a request for beam failure recovery (See Fig. 1: In a second step of new candidate beam identification, UE 102 performs measurements for candidate beam selection… In a third step of beam failure recovery request (BFRQ) transmission, UE 102 transmits a BFRQ message to BS 101 upon the triggering condition for BFRQ transmission is satisfied. ¶ [0028]); and transmit via a second PUCCH in the transmission occasion (See Fig. 9: s a third embodiment of BFRQ transmission with sequential use of opportunistic PUCCH (i.e., multiple TX of using another or second PUCCH). In step 901, UE evaluates the trigger condition for initiating a beam failure recovery procedure. Typically, UE starts a beam failure recovery timer (BFR-timer) upon all serving BPLs are lost. However, the beam failure recovery message is triggered only when all serving BPLs are lost as well as a candidate beam is identified. In step 902, UE checks whether dedicated PUCCH resources come first. If the answer to step 902 is yes, then in step 903, UE sends BFRQ via PUCCH if configured. In step 904. ¶ [0042]), wherein the transmitting is based on; and transmission of the request for beam failure recovery via the first PUCCH in the transmission occasion (See Fig. 8: in step 802, UE applies dedicated PUCCH resources, instead of dedicated PRACH resources, for BFRQ transmission. ¶ [0041]); and the first PUCCH and the second PUCCH in the transmission occasion (See Fig. 9: the figure illustrates a third embodiment of BFRQ transmission with sequential use of opportunistic PUCCH (i.e., first and second PUCCH occasions). ¶ [0042]). Even though, transmitting the first PUCCH and the second PUCCH in the transmission occasion (See Fig. 9: BFRQ transmission with sequential use of opportunistic PUCCH (i.e., first and second PUCCH occasions). ¶ [0042]), YU doesn’t explicitly provide the method wherein dropping a scheduled transmission and the dropping is based on power for the first UL channel being prioritized over power the second UL channel. However, HAN further teaches the method wherein dropping a scheduled transmission and the dropping is based on power for the first UL channel being prioritized over power the second UL channel (Han- See Fig. 2C: The multiple PUCCHs can have an unequal priority level, and the PUCCH with a lower priority level can be dropped and the PUCCH with a higher priority level can be transmitted from the UE 210. ¶ [0039]. The priority of each CH is determined based on the TX Power. See ¶ [0018]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide a scheduled transmission and the dropping is based on power for the first UL channel being prioritized over power the second UL channel as taught by HAN to have incorporated in the system of YU, so that it would provide that the UE can ensure that transmission of the channel complies with a maximum transmission power for a given subframe by dropping the channel with the lower priority level.. HAN: ¶ [0039]. Regarding claim 26; YU in view of HAN teaches the wireless device further comprising: determining, based on at least one configured power parameter, a configured transmission power for the scheduled transmission; and reducing the configured transmission power to zero (Dinan: reducing to Min power. ¶ [0032]). Regarding claim 27; YU in view of HAN teaches the wireless device wherein the dropping is further based on a combined transmission power, comprising a configured transmission power for the transmission of the request for beam failure recovery and a configured transmission power for the scheduled transmission, exceeding an allowed transmission power. HAN: ¶ [0017]. Regarding claim 28; YU teaches the wireless device further comprising: initiating, based on a beam failure associated with a secondary cell, a beam failure recovery procedure, wherein the transmitting the request for beam failure recovery comprises transmitting, based on the beam failure, the request for beam failure recovery (YU-See Fig. 8: in step 802, UE applies dedicated PUCCH resources, instead of dedicated PRACH resources, for BFRQ transmission. ¶ [0041]) in a transmission occasion, a request for beam failure recovery (See Fig. 1: In a second step of new candidate beam identification, UE 102 performs measurements for candidate beam selection… In a third step of beam failure recovery request (BFRQ) transmission, UE 102 transmits a BFRQ message to BS 101 upon the triggering condition for BFRQ transmission is satisfied. ¶ [0028]); and, and wherein the request for beam failure recovery comprises a scheduling request (SR) for beam failure recovery (HAN-a first PUCCH 212 containing a scheduling request (SR) or a hybrid automatic repeat request acknowledgement (HARQ-ACK) can have a higher priority level than a second PUCCH 214 containing channel state information (CSI). ¶ [0036]). Regarding claim 29; YU in view of Dinan discloses the wireless device wherein: the transmission occasion comprises a plurality of symbols corresponding to a transmission period; the transmission of the request for beam failure recovery is associated with at least one first symbol of the transmission period; and the scheduled transmission is associated with at least one second symbol of the transmission period (HAN-a first PUCCH 212 containing a scheduling request (SR) or a hybrid automatic repeat request acknowledgement (HARQ-ACK) can have a higher priority level than a second PUCCH 214 containing channel state information (CSI). ¶ [0032 and 0036]). Regarding claim 30; YU in view of HAN teaches the wireless device wherein the transmission of the request for beam failure recovery at least partially overlaps in time with the scheduled transmission (HAN-a first PUCCH 212 containing a scheduling request (SR) or a hybrid automatic repeat request acknowledgement (HARQ-ACK) can have a higher priority level than a second PUCCH 214 containing channel state information (CSI). ¶ [0032 and 0036]). Claims 5 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over YU et al. (US 2019/0037423 A1) in view of Dinan et al. (US 2013/0188580 A1) and further in view of HAN et al. (US 2017/0223694 A1). Regarding claims 5 and 20: YU teaches the method of claim 1, wherein the transmitting the second transmission is further based on: the transmission of the request for beam failure recovery being prioritized over the second transmission; and a combined transmission power, comprising a configured transmission power for the transmission of the request for beam failure recovery and the configured transmission power for the second transmission (See Fig. 8: in step 802, UE applies dedicated PUCCH resources, instead of dedicated PRACH resources, for BFRQ transmission. ¶ [0041]) in a transmission occasion, a request for beam failure recovery (See Fig. 1: In a second step of new candidate beam identification, UE 102 performs measurements for candidate beam selection… In a third step of beam failure recovery request (BFRQ) transmission, UE 102 transmits a BFRQ message to BS 101 upon the triggering condition for BFRQ transmission is satisfied. ¶ [0028]), Neither YU nor Dinan discloses a configured transmission power for the scheduled transmission, exceeding an allowed transmission power. However, HAN teaches the wireless device wherein a configured transmission power for the scheduled transmission, exceeding an allowed transmission power. HAN: ¶ [0017]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide exceeding an allowed transmission power as taught by HAN to have incorporated in the system of YU, so that it would provide that the UE can ensure that transmission of the channel complies with a maximum transmission power for a given subframe by dropping the channel with the lower priority level.. HAN: ¶ [0039]. Allowable Subject Matter Claims 3, 10, 18, and 25 are objected to as being dependent upon the rejected base claims but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Basu Mallick et al. (US 2018/0324867 A1). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAI AUNG whose telephone number is (571)272-3507. The examiner can normally be reached on Monday-Friday, Alt Fridays, 7:30 AM- 5:00 PM (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. /SAI AUNG/ Primary Examiner, Art Unit 2416
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Prosecution Timeline

Jun 06, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
92%
With Interview (+4.0%)
2y 5m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 619 resolved cases by this examiner. Grant probability derived from career allowance rate.

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