Prosecution Insights
Last updated: October 02, 2026
Application No. 18/866,038

UPLINK TRANSMIT SWITCHING FOR SIDELINK AND UPLINK BANDS

Non-Final OA §102§Other
Filed
Nov 14, 2024
Priority
Aug 04, 2022 — nonprovisional of PCTCN2022110162
Examiner
CHERY, DADY
Art Unit
Tech Center
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1310 granted / 1488 resolved
+28.0% vs TC avg
Moderate +9% lift
Without
With
+9.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
31 currently pending
Career history
1510
Total Applications
across all art units

Statute-Specific Performance

§101
6.7%
-33.3% vs TC avg
§103
30.3%
-9.7% vs TC avg
§102
32.4%
-7.6% vs TC avg
§112
6.4%
-33.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1488 resolved cases

Office Action

§102 §Other
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-30 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Akkarakaran et al. (US Application 2021/0037549, hereinafter Akkarakaran). Regarding claims 1, 22, Akkarakaran discloses an apparatus for wireless communication, a method (Figs. 2, 7-11), comprising: a processor(240,280); memory (242,282) in electronic communication with the processor([0170]); and instructions stored in the memory, wherein the instructions are executable by the processor to: transmit a capability message indicating a capability of a UE to perform uplink switching between an uplink band and a sidelink band([0196], which recites capability for switching between uplink band and sidelink band); receive a grant scheduling an uplink message for transmission over a set of one or more transmit ports([0185], which recites the base station 110 may transmit a grant and/or schedule a communication that conforms to an access link capability of a UE 120); switch a transmitter of the UE from the uplink band to the sidelink band based at least in part on the set of one or more transmit ports and the capability message([0227], which recites the base station 110 may refrain from scheduling an access link communication in the conflicting resource (e.g., if the prioritization rule indicates that sidelink communications have a higher priority than access link communications). The prioritization rule for switching from the uplink band to the sidelink band); and transmit the uplink message using the sidelink band according to the grant and based at least in part on the switching([0227], which recites a prioritization rule for using the sidelink for transmitting the uplink message as claimed by the instant application). Regarding claims 12, 27,Akkarakaran discloses an apparatus for wireless communication, a method(Figs. 2, 7-11), comprising: a processor(240,280); memory (242,282) in electronic communication with the processor([0170]); and instructions stored in the memory, wherein the instructions are executable by the processor to: receive a capability message indicating a capability of a user equipment (UE) to perform uplink switching between an uplink band and a sidelink band([0196], which recites capability for switching between uplink band and sidelink band); transmit a grant scheduling an uplink message for transmission over a set of one or more transmit ports([0185], which recites the base station 110 may transmit a grant and/or schedule a communication that conforms to an access link capability of a UE 120); and receive the uplink message using the sidelink band according to the grant and based at least in part on a transmitter of the UE switching from the uplink band to the sidelink band([0227], which recites a prioritization rule for using the sidelink for transmitting the uplink message as claimed by the instant application). Regarding claims 2, 13, 23, 28, Akkarakaran discloses the apparatus of claim 1, wherein the instructions are further executable by the processor to: transmit a feedback report associated with the grant over the sidelink band based at least in part on switching the transmitter of the UE, wherein the feedback report indicates that the switching was successful([0175],[0227]). Regarding claims 3, 14, 24,29, Akkarakaran discloses the apparatus of claim 1, wherein the instructions are further executable by the processor to: transmit a feedback report associated with the grant over the sidelink band based at least in part on switching the transmitter of the UE, wherein the feedback report indicates a conflict associated with the uplink message on the sidelink band([0175],[0227]). Regarding claims 4, 25, Akkarakaran discloses the apparatus of claim 1, wherein the instructions are further executable by the processor to: withhold a feedback report associated with the grant over the sidelink band based at least in part on a conflict associated with the uplink message on the sidelink band([0175],[0227]). Regarding claims 5, 15, 26, 30,Akkarakaran discloses the apparatus of claim 1, wherein the instructions are further executable by the processor to: reserve one or more future slots of the sidelink band for transmitting the uplink message based at least in part on the grant(Abstract,[0185],[0196],[0227]). Regarding claims 6, 16, Akkarakaran discloses the apparatus of claim 1, wherein the uplink message is associated with a first radio access technology and scheduled for resources associated with a second radio access technology on the sidelink band(Abstract,[0185],[0196],[0227]). Regarding claims 7, 17,Akkarakaran discloses the apparatus of claim 1, wherein the uplink message is associated with a set of resources on the sidelink band that is excluded from sidelink communications([0185],[0196],[0227]). Regarding claims 8, 18,Akkarakaran discloses the apparatus of claim 1, wherein the instructions executable by the processor to transmit the capability message comprise instructions executable by the processor to: transmit, via the capability message, an indication that the UE is capable of performing uplink transmissions using one or more of: the uplink band, the sidelink band, or the uplink band and the sidelink band simultaneously(Abstract,[0185],[0196],[0227]). Regarding claims 9, 19, Akkarakaran discloses the apparatus of claim 8, wherein the instructions executable by the processor to transmit the capability message comprise instructions executable by the processor to: transmit, via the capability message, an indication of a quantity or set of timing advance groups supported by the UE for simultaneous transmissions over the uplink band and the sidelink band(Abstract,[0185],[0196],[0227]). Regarding claims 10, 20, Akkarakaran discloses the apparatus of claim 1, further comprising: up to two transmissions are scheduled for the uplink band and the sidelink band(Abstract,[0185],[0196],[0227]). Regarding claims 11, 21, Akkarakaran discloses the apparatus of claim 1, wherein a switching gap between receiving the grant and transmitting the uplink message is based at least in part on a switching period between bands in a same timing advance group and a defined maximum transmitted timing difference(Abstract,[0185],[0196],[0227]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DADY CHERY whose telephone number is (571)270-1207. The examiner can normally be reached M to T, 8 am to 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, Moo Jeong can be reached at 571-272-9617. 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. /DADY CHERY/Primary Examiner, Art Unit 2418
Read full office action

Prosecution Timeline

Nov 14, 2024
Application Filed
Sep 04, 2026
Non-Final Rejection mailed — §102, §Other (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12750854
METHOD AND DEVICE USED FOR WIRELESS COMMUNICATION
3y 0m to grant Granted Sep 29, 2026
Patent 12750147
COMMUNICATION APPARATUS, CONTROL METHOD FOR COMMUNICATION APPARATUS, AND STORAGE MEDIUM
2y 10m to grant Granted Sep 29, 2026
Patent 12745275
COMMUNICATION METHOD AND APPARATUS
2y 6m to grant Granted Sep 22, 2026
Patent 12726446
GENERATING MISSION-SPECIFIC ANALYTICS INFORMATION
3y 11m to grant Granted Sep 01, 2026
Patent 12726320
RADIO COMMUNICATION METHOD, AND RADIO COMMUNICATION SYSTEM
2y 9m to grant Granted Sep 01, 2026
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
88%
Grant Probability
97%
With Interview (+9.3%)
2y 6m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1488 resolved cases by this examiner. Grant probability derived from career allowance rate.

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