Prosecution Insights
Last updated: October 25, 2026
Application No. 18/775,018

Method for Determining Waveform in BWP, and Terminal

Final Rejection §103
Filed
Jul 17, 2024
Priority
Jan 18, 2022 — CN 202210056965.7 +1 more
Examiner
PHAM, BRENDA H
Art Unit
2412
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
2 (Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
1081 granted / 1191 resolved
+32.8% vs TC avg
Minimal +2% lift
Without
With
+2.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
25 currently pending
Career history
1222
Total Applications
across all art units

Statute-Specific Performance

§101
10.7%
-29.3% vs TC avg
§103
32.7%
-7.3% vs TC avg
§102
28.8%
-11.2% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1191 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 . Response to Arguments Applicant’s arguments, see Remark filed 11 September 2026, with respect to the rejection(s) of claim(s) under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of (WO 2021/260660) Claims 1-5, 7-13, 15-22 are pending. Claims 21-22 are newly added. Figure 2 of the application illustrates the claimed invention. PNG media_image1.png 234 514 media_image1.png Greyscale 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. Claim(s) 1-5, 9-11, 13 and 17-22 are rejected under 35 U.S.C. 103 as being unpatentable over (WO 2021/047973 A1) in view of (WO 2021/260660). Regarding claims 1, 9 and 17, (WO 2021/047973 A1) discloses a method for determining a waveform in a bandwidth part (BWP), comprising: determining, by a terminal based on indication information in downlink control information (DCI) and a default waveform, a target waveform used for transmission in a target BWP after BWP switching (“After configuring the UE, the base station receives information from the UE indicative of channel conditions between the UE and the base station. The base station evaluates, based on the information from the UE, whether to switch between the DFT-S-OFDM waveform and the CP-OFDM waveform for UL transmissions. IF it is determined that a change in waveform is needed, the base station sends to the UE, responsive to the evaluation, DCI over the DL control channel. The DCI includes an indication of the BWP associated with a target waveform selected from among the DFT-S-OFDM waveform and the CP-OFDM waveform”, page 3); wherein the DCI is used to instruct the terminal to perform BWP switching, the DCI is a DCI used for scheduling in a source BWP, (WO 2021/047973 A1), page 17, lines 8-21 “Figure 10 illustrates an exemplary method 300 implemented by a UE 50 capable of multi-layer transmission in a wireless communication network of switching waveforms for UL transmissions to a base station 20. The UE 50 configures a first bandwidth part (BWP) and a second BWP on UL resources used for UL transmissions from the UE 50 to a base station 20 (block 310). The UE 50 configures the first BWP for a DFT-S-OFDM waveform on a single transmission layer for UL transmissions and configures the second BWP for a CP-OFDM waveform on a single transmission layer or multiple transmission layers for UL transmissions (blocks 320, 330).[...] The UE 50 thereafter receives, from the base station 20, DCI over the DL control channel (block 350). The DCI includes an indication of the BWP associated with a target waveform selected from among the DFT-S-OFDM waveform and the CP-OFDM waveform based on the information. Responsive to the BWP indication, the UE 50 switches from a current BWP to the target BWP (block 360)”. The DCI can only be received in the source BWP, before switching. The initial waveform configurations amount to default waveform – see also page 12, lines 20-23 “BWP#0 is configured for the waveform that serves as a default and BWP#1 is configured for the other waveform. In one embodiment, CP-OFDM is used as a default waveform because DFT-S-OFDM is a UE capability and some UEs may not support DFT-S-OFDM”. Claim 1 differs from (WO 2021/047973 A1) in that the default waveform is a waveform corresponding to a code point 0. There is no technical effect associated with the above seemingly random choice. A code point 0 is understood as the bit value of 0. Even if this code point value is not linked to any parameter of claim 1 (such as the DCI), it is noted that the mere choice of bit values indicating a default waveform (which may anyway be over-ridden by the waveform indicated by the DCI) cannot be seen as involving an inventive step. For example, the waveform whose index value is 0 is set as default waveform. The waveform corresponding to the first codepoint (codepoint) in DCI being 0 is default waveform. Therefore, it would have been obvious to those having ordinary skilled in the art before the effective filing date of the claimed invention to configure in (WO 2021/047973 A1) a particular bit value (code point), such as 0 for indicate a default waveform and such as 1 for indicate a target waveform. (WO 2021/047973 A1) does not explicitly teach receiving, by the terminal, the DCI, wherein the DCI does not comprise a waveform switching indication, and performing, by the terminal, transmission in the target BWP by using the default waveform. (WO 2021/260660 A1), in the same field of invention, teach ([0192]: “transmitting the downlink transmission during the next occurring DRX Active Time includes transmitting a second waveform indication during the DRX Active Time, the second waveform indication indicating a first waveform type for use with a dormant BWP and a second waveform type for use with a non-dormant BWP. In certain embodiments, each BWP of a SCell is configured with a default waveform type, where a same default waveform type is configured for the physical downlink channel.” See figure 6. PNG media_image2.png 533 891 media_image2.png Greyscale It would have been obvious to those skilled in the art before the effective filing date of the claimed invention to performing, by the terminal, transmission in the target BWP by using the default waveform. Regarding claims 2, 10 and 18, (WO 2021/047973 A1) teaches wherein the target waveform comprises at least one of the following: a cyclic prefix-orthogonal frequency division multiplexing (CP-OFDM) waveform; a discrete Fourier transform-spread-orthogonal frequency division multiplexing (DFT-S-OFDM) waveform; a CP-OFDM waveform is frequency domain spectrum shaping without spectrum extension; a DFT-S-OFDM waveform in frequency domain spectrum shaping without spectrum extension; a CP-OFDM waveform in frequency domain spectrum shaping with spectrum extension; or a DFT-S-OFDM waveform in frequency domain spectrum shaping with spectrum extension. (WO 2021/047973 A1), page 17, lines 8-21, “The DCI includes an indication of the BWP associated with a target waveform selected from among the DFT-S-OFDM waveform and the CP-OFDM waveform.”) Regarding claims 3, 11 and 19, (WO 2021/047973 A1), page 12, lines 14-17, teaches wherein only one waveform for transmission is configured in the source BWP, and a plurality of waveform are configured in target BWP to support waveform switching. (only one DFT-S-OFDM waveform, whereas for CP-OFDM there are 4 possibilities (depending on the number of layers). Regarding claims 4, 12 and 20, (WO 2021/047973 A1) teaches performing, by the terminal, transmission in the target BWP by using the target waveform in a first time period. (“Figure 6 illustrates the high-level configuration of the BWPs. BWP#0 is configured for the waveform that serves as a default and BWP#1 is configured for the other waveform. (“After configuring the UE, the base station receives information from the UE indicative of channel condition between the UE and the base station. The base station evaluates, based on the information from the UE, whether to switch between the DFT-S-OFDM waveform and the CP-OFDM waveform for UL transmissions. If it is determined that a change in waveform is needed, the base station sends to the UE, responsive to the evaluation, DCI over the DL control channel. The DCI includes an indication of the BWP associated with a target waveform selected from among the DFT-S-OFDM waveform and the CP-OFDM waveform.” Therefore, it would have been obvious to those having ordinary skilled in the art before the effective filing date of the claimed invention to configure the terminal to switch to the target BWP using the target waveform in a time instance, such as first time instance, if it is determined that a change in waveform is needed. Regarding claims 5 and 13, (WO 2021/047973 A1) teaches wherein duration of the first time period is related to capability of the terminal, (page 12, lines 20-26) “In the embodiment, CP-OFDM is used as a default waveform because DFT-S-OFDM is a UE capability and some UEs may not support DFT-S-OFDM. In this case, BWP#0 is configured for CP-OFDM using a single transmission layer or multiple transmission layers and BWP#1 is configured for DFT-S-OFDM using a transmission layer. In other embodiments, DFT-S-OFDM is used as a default waveform.”) Regarding claim 21, (WO 2021/260660 A1) teaches wherein the target waveform comprises a waveform for physical uplink shared channel (PUSCH) transmission or a waveform for physical downlink shared channel (PDSCH) transmission. ([0153]: The processor 805 controls the transceiver 825 to transmit DCI outside any DRX Active Time of the UE, where the DCI contains a waveform indicator and to transmit a downlink transmission on a physical downlink channel (e.g., PDSCH and/or PDCCH) during the next occurring DRX Active Time using the determined waveform.”). Regarding claim 22, (WO 2021/260660 A1) teaches wherein the PUSCH transmission or the PDSCH transmission comprises at least one of the following: transmission in at least one serving cell, or transmission on at least one of the plurality of configured transmission and reception points (TRPs). See figure 1 and 5. PNG media_image3.png 327 736 media_image3.png Greyscale Claim(s) 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over (WO 2021/047973 A1) in view of (WO 2021/260660), further in view of Wang et al. (US 2018/0035423 A1). Regarding claims 7 and 15, (WO 2021/047973 A1) fails to explicitly teach wherein the target waveform comprises a waveform for physical uplink shared channel (PUSCH) transmission or a waveform for physical downlink shared channel (PDSCH) transmission. ([0066]: “FIG. 2 illustrates an example of a wireless communications system 200 for UL channel dynamic waveform switching in accordance with one or more aspects of the present disclosure. Wireless communications system 200 may include UE 115-a and base station 105-a, which may be examples of a UE 115 and a base station 105 of FIG. 1. UE 115-a may switch waveforms of an uplink channel (e.g., PUSCH) while communicating with base station 105-a. For example, UE 115-a may switch from using an SC-FDM waveform to an OFDM waveform or form an OFDM waveform to an SC-FDM waveform.”) See also figure 8. PNG media_image4.png 785 542 media_image4.png Greyscale Therefore, it would have been obvious to those having ordinary skilled in the art before the effective filing date of the claimed invention to combine Wang et al. with 9(WO 2021/047973 A1) to implement a waveform for physical uplink shared channel (PUSCH) transmission. Claim(s) 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over (WO 2021/047973 A1) in view of (WO 2021/260660) further in view of Wang et al. (US 2018/0035423 A1) and furthermore in view of Bhamri et al. (US 2023/0283436 A1). Regarding claims 8 and 16, (WO 2021/047973 A1) in view of Wang et al. fails to teaches wherein the PUSCH transmission or the PDSCH transmission comprises at least one of the following: transmission in at least one serving cell; or transmission on at least one of a plurality of configured transmission and reception point (TRPs). Bhamri et al. in the same field of invention, teaches this feature. ([0119]: “Switching of waveform types based on BWP switching is provided where different BWPs are configured with different subcarrier spacing”) ([0149]: “the multiple transmission occasions are for different TRPs, where transmission occasions belonging to different TRPs are associated with different waveform types.” It would have been obvious to those having ordinary skilled in the art before the effective filing date of the claimed invention to configure different waveform for different TRPs in (WO 2021/047973 A1). The prior art made of record and not relied upon is considered pertinent to applicant disclosure: Sakhnini et al. (US 2022/0303981 A1) teaches (“switching waveforms in a waveform switching gap. In an aspect, using a transceiver, a first signal of a first waveform can be communicated in a first time period. In a waveform switching gap, the transceiver can be switched to use a second waveform. Using the transceiver, a second signal of a second waveform can be communicated in a second time period. The waveform switching gap may occur between the first time period and the second time period.” See abstract.) Akkarakaran et al. (US 2018/0294916 A1) discloses system and methods providing for dynamic switching between the various waveforms on the downlink. (WO 2021/084333 A1) discloses apparatus and methods for transmission using an adapted downlink waveform type. (WO 2021/260659 A1) discloses methods for control signal configuration waveform type. Sakhnini et al. (US 2022/0330252 A1) discloses method, system and devices for wireless communications for waveform-specific transmission parts. ISLAM et al. (US 2023/0054786 A1) disclose selection of different initial bandwidth parts for reduced capability user equipment (UE). Conclusion 10. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDA H PHAM whose telephone number is (571)272-3135. The examiner can normally be reached 571-272-3135. 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 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. BRENDA H. PHAM Primary Examiner Art Unit 2412 /BRENDA H PHAM/Primary Examiner, Art Unit 2412
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Prosecution Timeline

Jul 17, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §103
Sep 11, 2026
Response Filed
Oct 13, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
91%
Grant Probability
93%
With Interview (+2.0%)
2y 7m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1191 resolved cases by this examiner. Grant probability derived from career allowance rate.

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