Prosecution Insights
Last updated: October 16, 2026
Application No. 18/828,104

DYNAMIC INDICATION OF SWITCH DELAY

Non-Final OA §103
Filed
Sep 09, 2024
Priority
Sep 11, 2023 — FI 20236019
Examiner
PHAM, TITO Q
Art Unit
Tech Center
Assignee
Nokia Corporation
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
390 granted / 539 resolved
+12.4% vs TC avg
Strong +19% interview lift
Without
With
+19.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
23 currently pending
Career history
564
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
58.7%
+18.7% vs TC avg
§102
12.5%
-27.5% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 539 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. Claim(s) 32-34, 40-42, and 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US Pub. No. 2021/0185617) in view of Li et al. (US Pub. No. 2024/0297771). Regarding claim 32, Zhou discloses an apparatus (figure 2 UE 120; paragraphs 44, 46, 47, 49, 50, 53, 77) comprising: means for (figure 2 antenna/receiver 252a/254a) causing to receive sample related information associated with a new state (paragraphs 59-63 in view of paragraph 77: UE receives signaling from gNB configured with first/shorter and second/longer periods for transmitting PL-RS samples); means for causing to receive one or more path loss reference signal, PL-RS (figure 4 step 402; paragraphs 53 and 59: UE receives PL-RS for measurement from gNB) , samples based on at least one of the sample related information (paragraphs 78, 60-62: based on shorter and longer periods); and means for preparing one or more uplink data based on the new state, if the apparatus is ready to transmit the one or more uplink data based on the sample related information and the one or more PL-RS samples (figure 4 step 406; paragraphs 44, 55, 50: UE prepares uplink data using PL-RS measurements with shorter/longer periods for uplink power control). Zhou further teaches new transmission configuration indicator (TCI) states for uplink beam management (paragraphs 46 and 47). Zhou does not explicitly disclose means for causing to receive an indication indicative of a new transmission configuration indicator, TCI, state that is activated and information associated with the activated TCI state. However, in the same field of PL-RS, Li discloses means for causing to receive an indication indicative of a new transmission configuration indicator, TCI, state that is activated and PL-RS associated with the activated TCI state (paragraphs 17, 19, 28, 110, 115: UE receives TCI state activation and measures new path loss based on PL-RS and prepare uplink transmission to base station by the TCI state switch delay time). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Zhou means for causing to receive an indication indicative of a new transmission configuration indicator, TCI, state that is activated. The motivation would have been to indicate TCI state switching (paragraph 19). Regarding claims 33 and 41, all limitations of claims 32 are disclosed above. Zhou further teaches the sample related information includes one or more conditions (paragraph 77: shorter and longer periods). Regarding claims 34 and 42, all limitations of claims 33 are disclosed above. Zhou does not teach but discloses the one or more conditions includes at least one of threshold (paragraph 77: shorter/longer period/limit). Claim 40 is rejected similarly as claim 32 above. Zhou further teaches an apparatus comprising means for causing to transmit (figure 2 elements 234a/232a). Regarding claim 44, all limitations of claims 40 are disclosed above. Zhou further teaches means for causing to receive an indication indicative of a preferred PL-RS sample number among the one or more possible numbers (paragraph 64). Claim(s) 36-39, 43, 45, and 46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US Pub. No. 2021/0185617) in view of Li et al. (US Pub. No. 2024/0297771) in view of Zhang et al. (US Pub. No. 2024/0357506). Regarding claims 36 and 43, all limitations of claims 32 and 40 are disclosed above. Zhou further teaches wherein the sample related information is received via radio resource control, RRC message (paragraphs 53, 65, 66). Zhou does not teach but Zhang discloses the sample related information includes one or more possible numbers of one or more PL-RS samples (paragraph 9). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Zhou the sample related information includes one or more possible numbers of one or more PL-RS samples. The motivation would have been for base station configured indication for measurement. Regarding claims 37, all limitations of claims 36 are disclosed above. Zhou further teaches means for causing to transmit an indication indicative of a preferred PL-RS sample number among the one or more possible numbers (paragraph 64: 3 samples). Regarding claims 38, 39, 45, and 46, all limitations of claims 32 and 40 are disclosed above. Zhou does not teach but Zhang discloses means for causing to receive an indication indicative of a PL-RS sample number (paragraph 9). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Zhou means for causing to receive an indication indicative of a PL-RS sample number. The motivation would have been for base station configured indication for measurement. Claim(s) 35 and 47-49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (US Pub. No. 2021/0185617) in view of Li et al. (US Pub. No. 2024/0297771) in view of Lei et al. (US Pub. No. 2020/0029283). Regarding claims 35, all limitations of claims 33 are disclosed above. Zhou further teaches means for determining the one or more conditions are satisfied based on the received one or more PL-RS samples (figure 4 step 406; paragraphs 44, 55, 50: UE prepares uplink data using PL-RS measurements with shorter/longer periods for uplink power control). Zhou does not teach but Lei discloses means for causing to transmit an indication indicative of the apparatus is ready to transmit the uplink data with the new TCI state (paragraph 63: schedule request). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Zhou means for causing to transmit an indication indicative of the apparatus is ready to transmit the uplink data with the new TCI state. The motivation would have been for scheduling uplink transmission from base station. Regarding claim 47, all limitations of claim 40 are disclosed above. Zhou further teaches means for causing to transmit one or more path loss reference signal, PL-RS, samples based on at least one of the sample related information (paragraphs 53, 59, 78, 60-62) or the new TCI state. Zhou does not teach but Lei discloses means for causing to transmit scheduling information on the new TCI state after transmitting the one or more PL-RS samples; and means for receiving one or more uplink data based on the new TCI state (figure 3 steps 350 and 360; paragraphs 63, 64-71). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Zhou means for causing to transmit scheduling information on the new TCI state after transmitting the one or more PL-RS samples; and means for receiving one or more uplink data based on the new TCI state. The motivation would have been for uplink grant associated with transmit power control value (paragraph 67). Regarding claim 48, Zhou discloses an apparatus, comprising: means for causing to transmit one or more path loss reference signal, PL-RS, (figure 4 step 402; paragraphs 53 and 59: UE receives PL-RS for measurement from gNB) samples based on at least one of the sample related information (paragraphs 78, 60-62: based on shorter and longer periods) or a new TCI state. Zhou further teaches new transmission configuration indicator (TCI) states for uplink beam management (paragraphs 46 and 47). Zhou does not disclose a new TCI state. However, in the same field of PL-RS, Li discloses causing to receive an indication indicative of a new transmission configuration indicator, TCI, state that is activated (paragraphs 17, 19, 28, 110, 115: UE receives TCI state activation and measures new path loss based on PL-RS and prepare uplink transmission to base station by the TCI state switch delay time). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Zhou causing to receive an indication indicative of a new transmission configuration indicator, TCI, state that is activated. The motivation would have been to indicate TCI state switching (paragraph 19). Zhou does not teach means for causing to transmit scheduling information on the new TCI state after transmitting the one or more PL-RS samples; and means for receiving one or more uplink data based on the new TCI state. In the same field of endeavor, Lei discloses means for causing to transmit scheduling information on the new TCI state after transmitting the one or more PL-RS samples; and means for receiving one or more uplink data based on the new TCI state (figure 3 steps 350 and 360; paragraphs 63, 64-71: base station 110 transmits an UL grant after reference signal transmission for path loss estimation for data uplink transmission). Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Zhou means for causing to transmit scheduling information on the new TCI state after transmitting the one or more PL-RS samples; and means for receiving one or more uplink data based on the new TCI state. The motivation would have been for uplink grant associated with transmit power control value (paragraph 67). Regarding claim 49, all limitations of claim 48 are disclosed above. Zhou further teaches means for receiving an indication indicative of preferred number of PL-RS samples (paragraph 64); and means for estimating time delay for transmitting the scheduling information on the new TCI state based on the indication (paragraph 77). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang et al. (US Pub. No. 2024/0430875) discloses beam switching relay. Cirik et al. (US Pub. No. 2022/0022141) discloses uplink power control. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TITO Q PHAM whose telephone number is (571)272-4122. The examiner can normally be reached Monday-Friday: 9AM-6PM EST. 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, Faruk Hamza can be reached at 571-272-7969. 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. /TITO Q PHAM/Examiner, Art Unit 2466 /FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466
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Prosecution Timeline

Sep 09, 2024
Application Filed
Oct 05, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
92%
With Interview (+19.1%)
3y 5m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 539 resolved cases by this examiner. Grant probability derived from career allowance rate.

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