Prosecution Insights
Last updated: August 17, 2026
Application No. 17/857,735

CELL MANAGEMENT FOR INTER-CELL MOBILITY

Final Rejection §103
Filed
Jul 05, 2022
Examiner
PATEL, PARTHKUMAR
Art Unit
2479
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
4 (Final)
78%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
608 granted / 779 resolved
+20.0% vs TC avg
Strong +23% interview lift
Without
With
+23.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
49 currently pending
Career history
841
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
60.8%
+20.8% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 779 resolved cases

Office Action

§103
DETAILED ACTION Response to Amendment In response to amendment filed on 5/18/2026, claims 31- 32 are added as a new claim and claims 1- 30 are pending for examinations. Response to Arguments Applicant's arguments filed in the remarks on 5/18/2026 have been fully considered but they are not persuasive. On page 12 of the remarks applicant argues, “Da Silva does not disclose providing a secondary cell configuration for a cell that is currently configured as a special cell. Rather, Da Silva provides SpCell configurations for SpCell candidates and uses lower layer signaling to activate or deactivate those SpCell configurations. Da Silva's entire framework is directed to switching between SpCells, not configuring a cell with both an SpCell configuration and an SCell configuration, so that the cell can be dynamically reconfigured from one role to the other. In contrast, the present claims require that, at a first time, the UE receives both "a secondary cell configuration for a first cell that is configured as a special cell at the first time" and "a special cell configuration for a second cell that is configured as a secondary cell at the first time." In other words, as recited by claim 1, the first cell is currently serving as a special cell, yet the UE receives a secondary cell configuration for that first cell. Also, at the first time, the second cell is serving as a secondary cell, yet the UE receives a special cell configuration for that second cell. This dual pre-configuration of opposite-role configurations for each cell is a fundamentally different concept from Da Silva's provision of a set of SpCell configurations that are all of the same type (i.e., SpCell configurations)”. Examiner disagrees and respectfully submits that Da Silva states in claim 13 (in context with Fig. 14) about method performed by a network node, the method comprising: configuring a User Equipment, UE, by sending to the UE, a higher layer configuration comprising a set of SpCell configurations, to be configured in the UE (i.e. first time), while the UE is in connected state, transmitting a lower layer signaling (i.e. can be MAC signaling see [0194]) to the UE (i.e. second time), which lower layer signaling comprises an indication, which indication indicates one or more SpCells comprised in the set of SpCell configurations, to be any one or more out of: activated or deactivated.; now refer to claim 17 in context with claim 13 about wherein each SpCell configuration out of the set of SpCell configurations is related to any one out of: a Primary Cell, PCell (i.e. a seconadery cell configuration for a first cell), or a Primary Secondary Cell, PSCell (i.e. a special cell configuration for a second cell). Here UE receives SpCell configurations which has indication of first cell which is configured as a special cell (i.e. PScell) and second cell configured as a secondery cell (i.e. Pcell). Claim Rejections - 35 USC § 103 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. 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. Claim(s) 1- 2, 6- 7, 14- 16, 20- 21, 28- 32 are rejected under 35 U.S.C. 103 as being unpatentable over Da silva et al. (US Pub No. 2023/0007499 A1) in view of Wu et al. (WO 2020/164177 A1), published in Aug 2020. Regarding claim 1, Da silva teaches a user equipment (UE), comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and operable to execute the code to cause the UE to (see claim 13, UE as a user equipment and network device as a network entity): receive at a first time an indication of a secondary cell configuration for a first cell of a set of cells that is configured as a special cell at the first time and a special cell configuration for a second cell of the set of cells that is configured as a secondary cell at the first time (see claim 13 (in context with Fig. 14) about method performed by a network node, the method comprising: configuring a User Equipment, UE, by sending to the UE, a higher layer configuration comprising a set of SpCell configurations, to be configured in the UE (i.e. first time), while the UE is in connected state, transmitting a lower layer signaling (i.e. can be MAC signaling as control message see [0194]) to the UE (i.e. second time), which lower layer signaling comprises an indication, which indication indicates one or more SpCells comprised in the set of SpCell configurations, to be any one or more out of: activated or deactivated.; now refer to claim 17 in context with claim 13 about wherein each SpCell configuration out of the set of SpCell configurations is related to any one out of: a Primary Cell, PCell (i.e. a secondary cell configuration for a first cell), or a Primary Secondary Cell, PSCell (i.e. a special cell configuration for a second cell)); receive a control message configuring the first cell as a secondary cell at a second time and configuring the second cell as a special cell at the second time (see claim 13 (in context with Fig. 14) about method performed by a network node, the method comprising: configuring a User Equipment, UE, by sending to the UE, a higher layer configuration comprising a set of SpCell configurations, to be configured in the UE (i.e. first time), while the UE is in connected state, transmitting a lower layer signaling (i.e. can be MAC signaling see [0194]) to the UE (i.e. second time), which lower layer signaling comprises an indication, which indication indicates one or more SpCells comprised in the set of SpCell configurations, to be any one or more out of: activated or deactivated.; now refer to claim 17 in context with claim 13 about wherein each SpCell configuration out of the set of SpCell configurations is related to any one out of: a Primary Cell, PCell (i.e. a secondary cell configuration for a first cell), or a Primary Secondary Cell, PSCell (i.e. a special cell configuration for a second cell)); here Da silva states in steps 1404 and 1405 regarding communicating steps after second time but fails to explicitly state about communicating with the first cell in accordance with the secondary cell configuration for the first cell and with the second cell in accordance with the special cell configuration for the second cell. However Wu states in Fig. 2 regarding the network device 105 transmits (205) a set of pre-configurations to the terminal device 110 via a message (referred to as a first message i.e. first time)… The pre-configurations may be indicated by the network device 105 to the terminal device 110 in the primary cell 115 or the secondary cell 120. In the scenario where the terminal device 110 is served by more than one network devices, the pre-configurations may be indicated by any one or more of the serving network devices in any one or more serving cells; see [0048 and 0051]; further Wu states about second time receiving switch command and swapping steps are being performed; see #210 of Fig. 2 (i.e. refer to [0064- 0065 and [0069] regarding second time) and [0065, 0066] … the network device 105 may cause swapping of a serving cell ID (referred to as a first serving cell ID) of the original primary cell 115 and a serving cell ID (referred to as a second serving cell ID) of the secondary cell 120 to be switched as a primary cell according to the predefined rule. In the case that the network device 105 serves both the original primary cell 115 and the secondary cell 120, the network device 105 may swap the first and second cell IDs. If the secondary cell 120 is provided by a further network devices, the network device 105 may communicate with the network device to facilitate the swapping. In some cases, a PCell may be assigned to a predefined cell ID (for example, serving cell ID 0) to distinguish from PSCells and Scells. As such, the swap of the serving cell IDs for the original primary cell and the secondary cell may ensure the new primary cell with the predefined cell ID. In the scenario where a SCell is switched to a PSCell, such swap of cell IDs may or may not be performed. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Wu with the teachings of Da silva to make system more effective. Having a mechanism wherein communicating with the first cell in accordance with the secondary cell configuration for the first cell and with the second cell in accordance with the special cell configuration for the second cell after sending a control message; greater way resources can be utilized/managed in the communication system. Regarding claim 2, Da silva in view of Wu teaches as per claim 1, wherein one or more processors are further operable to execute the code to cause the UE to: receive an indication of a first special cell configuration for the first cell and a first secondary cell configuration for the second cell; and communicate, after the first time, with the first cell in accordance with the first special cell configuration for the first cell and with the second cell in accordance with the first secondary cell configuration for the second cell; Da silva see claim 13 (in context with Fig. 14) about method performed by a network node, the method comprising: configuring a User Equipment, UE, by sending to the UE, a higher layer configuration comprising a set of SpCell configurations, to be configured in the UE (i.e. first time), while the UE is in connected state, transmitting a lower layer signaling (i.e. can be MAC signaling as control message see [0194]) to the UE (i.e. second time), which lower layer signaling comprises an indication, which indication indicates one or more SpCells comprised in the set of SpCell configurations, to be any one or more out of: activated or deactivated.; now refer to claim 17 in context with claim 13 about wherein each SpCell configuration out of the set of SpCell configurations is related to any one out of: a Primary Cell, PCell (i.e. a secondary cell configuration for a first cell), or a Primary Secondary Cell, PSCell (i.e. a special cell configuration for a second cell); further see Wu;see [0070- 0071]… the original primary cell 115 (for example, PCell or PSCell) is switched by the network device 105 to be a secondary cell with the configurations kept. As such, the network can switch back to the original primary cell 115 when desired. The secondary cell changed from the original primary cell 115 may be either active or in a deactivated state after the switching. Alternatively, the original primary cell 115 may be removed. Then, it is only needed to set the IDs such as a cell ID and a TAG ID for the secondary cell 120 to be switched to be the primary cell…further refer to [0048]; further refer to [0046, 0060, 0064- 0065, 0069]). Regarding claim 6, Da silva in view of Wu teaches as per claim 1, wherein one or more processors are further operable to execute the code to cause the UE to: receive an indication of a plurality of secondary cell configurations for the first cell and a plurality of special cell configurations for the second cell, wherein the control message indicates the secondary cell configuration for the first cell from the plurality of secondary cell configurations and the special cell configuration for the second cell from the plurality of special cell configurations; already stated above Wu; see [0048, 0056]; further see [0046, 0064- 0065, 0069] and [0053]; further see [0070- 0071]. Regarding claim 7, Da silva in view of Wu teaches as per claim 1, wherein the secondary cell configuration for the first cell and the special cell configuration for the second cell are received in a mobility configuration; Wu already stated above see [0048, 0056]; further see [0046, 0064- 0065, 0069] and [0053]; further see [0070- 0071]. Regarding claim 14, Da silva in view of Wu teaches as per claim 1, wherein the control message comprises a layer one or layer two control message; Wu see [0056]. Regarding claim 15, Da silva teaches a network entity, comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and operable to execute the code to cause the UE to (see claim 13, UE as a user equipment and network device as a network entity): transmit, to a user equipment (UE), at a first time an indication of a secondary cell configuration for a first cell of a set of cells that is configured as a special cell at the first time and a special cell configuration for a second cell of the set of cells that is configured as a secondary cell at the first time (see claim 13 (in context with Fig. 14) about method performed by a network node, the method comprising: configuring a User Equipment, UE, by sending to the UE, a higher layer configuration comprising a set of SpCell configurations, to be configured in the UE (i.e. first time), while the UE is in connected state, transmitting a lower layer signaling (i.e. can be MAC signaling as control message see [0194]) to the UE (i.e. second time), which lower layer signaling comprises an indication, which indication indicates one or more SpCells comprised in the set of SpCell configurations, to be any one or more out of: activated or deactivated.; now refer to claim 17 in context with claim 13 about wherein each SpCell configuration out of the set of SpCell configurations is related to any one out of: a Primary Cell, PCell (i.e. a secondary cell configuration for a first cell), or a Primary Secondary Cell, PSCell (i.e. a special cell configuration for a second cell)); transmit, to the UE, a control message configuring the first cell as a secondary cell at a second time and configuring the second cell as a special cell at the second time (see claim 13 (in context with Fig. 14) about method performed by a network node, the method comprising: configuring a User Equipment, UE, by sending to the UE, a higher layer configuration comprising a set of SpCell configurations, to be configured in the UE (i.e. first time), while the UE is in connected state, transmitting a lower layer signaling (i.e. can be MAC signaling see [0194]) to the UE (i.e. second time), which lower layer signaling comprises an indication, which indication indicates one or more SpCells comprised in the set of SpCell configurations, to be any one or more out of: activated or deactivated.; now refer to claim 17 in context with claim 13 about wherein each SpCell configuration out of the set of SpCell configurations is related to any one out of: a Primary Cell, PCell (i.e. a secondary cell configuration for a first cell), or a Primary Secondary Cell, PSCell (i.e. a special cell configuration for a second cell)); here Da silva states in steps 1404 and 1405 regarding communicating steps after second time but fails to explicitly state about communicating with the first cell in accordance with the secondary cell configuration for the first cell and with the second cell in accordance with the special cell configuration for the second cell. However Wu states in Fig. 2 regarding the network device 105 transmits (205) a set of pre-configurations to the terminal device 110 via a message (referred to as a first message i.e. first time)… The pre-configurations may be indicated by the network device 105 to the terminal device 110 in the primary cell 115 or the secondary cell 120. In the scenario where the terminal device 110 is served by more than one network devices, the pre-configurations may be indicated by any one or more of the serving network devices in any one or more serving cells; see [0048 and 0051]; further Wu states about second time receiving switch command and swapping steps are being performed; see #210 of Fig. 2 (i.e. refer to [0064- 0065 and [0069] regarding second time) and [0065, 0066] … the network device 105 may cause swapping of a serving cell ID (referred to as a first serving cell ID) of the original primary cell 115 and a serving cell ID (referred to as a second serving cell ID) of the secondary cell 120 to be switched as a primary cell according to the predefined rule. In the case that the network device 105 serves both the original primary cell 115 and the secondary cell 120, the network device 105 may swap the first and second cell IDs. If the secondary cell 120 is provided by a further network devices, the network device 105 may communicate with the network device to facilitate the swapping. In some cases, a PCell may be assigned to a predefined cell ID (for example, serving cell ID 0) to distinguish from PSCells and Scells. As such, the swap of the serving cell IDs for the original primary cell and the secondary cell may ensure the new primary cell with the predefined cell ID. In the scenario where a SCell is switched to a PSCell, such swap of cell IDs may or may not be performed. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Wu with the teachings of Da silva to make system more effective. Having a mechanism wherein communicating with the first cell in accordance with the secondary cell configuration for the first cell and with the second cell in accordance with the special cell configuration for the second cell after sending a control message; greater way resources can be utilized/managed in the communication system. Regarding claim 16, Da silva in view of Wu teaches as per claim 15, wherein one or more processors are further operable to execute the code to cause the network entity to: transmit an indication of a first special cell configuration for the first cell and a first secondary cell configuration for the second cell; and communicate, after the first time, with the UE via the first cell in accordance with the first special cell configuration for the first cell and with the UE via the second cell in accordance with the first secondary cell configuration for the second cell; Da silva see claim 13 (in context with Fig. 14) about method performed by a network node, the method comprising: configuring a User Equipment, UE, by sending to the UE, a higher layer configuration comprising a set of SpCell configurations, to be configured in the UE (i.e. first time), while the UE is in connected state, transmitting a lower layer signaling (i.e. can be MAC signaling as control message see [0194]) to the UE (i.e. second time), which lower layer signaling comprises an indication, which indication indicates one or more SpCells comprised in the set of SpCell configurations, to be any one or more out of: activated or deactivated.; now refer to claim 17 in context with claim 13 about wherein each SpCell configuration out of the set of SpCell configurations is related to any one out of: a Primary Cell, PCell (i.e. a secondary cell configuration for a first cell), or a Primary Secondary Cell, PSCell (i.e. a special cell configuration for a second cell); further see Wu;see [0070- 0071]… the original primary cell 115 (for example, PCell or PSCell) is switched by the network device 105 to be a secondary cell with the configurations kept. As such, the network can switch back to the original primary cell 115 when desired. The secondary cell changed from the original primary cell 115 may be either active or in a deactivated state after the switching. Alternatively, the original primary cell 115 may be removed. Then, it is only needed to set the IDs such as a cell ID and a TAG ID for the secondary cell 120 to be switched to be the primary cell…further refer to [0048]; further refer to [0046, 0060, 0064- 0065, 0069]). Regarding claim 20, Da silva in view of Wu teaches as per claim 15, wherein to transmit the indication of the secondary cell configuration for the first cell and the special cell configuration for the second cell wherein one or more processors are further operable to execute the code to cause the UE to: transmit an indication of a plurality of secondary cell configurations for the first cell and a plurality of special cell configurations for the second cell, wherein the control message indicates the secondary cell configuration for the first cell from the plurality of secondary cell configurations and the special cell configuration for the second cell from the plurality of special cell configurations; Wu already stated above see [0048, 0056]; further see [0046, 0064- 0065, 0069] and [0053]; further see [0070- 0071]. Regarding claim 21, Da silva in view of Wu teaches as per claim 15, wherein the secondary cell configuration for the first cell and the special cell configuration for the second cell are transmitted in a mobility configuration; Wu already stated above see [0048, 0056]; further see [0046, 0064- 0065, 0069] and [0053]; further see [0070- 0071]. Regarding claim 28, Da silva in view of Wu teaches as per claim 15, wherein the control message comprises a layer one or layer two control message; Wu see [0056]. Regarding claim 29, Da silva teaches a method for wireless communication at a user equipment (UE), comprising (see claim 13, UE as a user equipment and network device as a network entity): receiving at a first time an indication of a secondary cell configuration for a first cell of a set of cells that is configured as a special cell at the first time and a special cell configuration for a second cell of the set of cells that is configured as a secondary cell at the first time (see claim 13 (in context with Fig. 14) about method performed by a network node, the method comprising: configuring a User Equipment, UE, by sending to the UE, a higher layer configuration comprising a set of SpCell configurations, to be configured in the UE (i.e. first time), while the UE is in connected state, transmitting a lower layer signaling (i.e. can be MAC signaling as control message see [0194]) to the UE (i.e. second time), which lower layer signaling comprises an indication, which indication indicates one or more SpCells comprised in the set of SpCell configurations, to be any one or more out of: activated or deactivated.; now refer to claim 17 in context with claim 13 about wherein each SpCell configuration out of the set of SpCell configurations is related to any one out of: a Primary Cell, PCell (i.e. a secondary cell configuration for a first cell), or a Primary Secondary Cell, PSCell (i.e. a special cell configuration for a second cell)); receiving a control message configuring the first cell as a secondary cell at a second time and configuring the second cell as a special cell at the second time (see claim 13 (in context with Fig. 14) about method performed by a network node, the method comprising: configuring a User Equipment, UE, by sending to the UE, a higher layer configuration comprising a set of SpCell configurations, to be configured in the UE (i.e. first time), while the UE is in connected state, transmitting a lower layer signaling (i.e. can be MAC signaling see [0194]) to the UE (i.e. second time), which lower layer signaling comprises an indication, which indication indicates one or more SpCells comprised in the set of SpCell configurations, to be any one or more out of: activated or deactivated.; now refer to claim 17 in context with claim 13 about wherein each SpCell configuration out of the set of SpCell configurations is related to any one out of: a Primary Cell, PCell (i.e. a secondary cell configuration for a first cell), or a Primary Secondary Cell, PSCell (i.e. a special cell configuration for a second cell)); here Da silva states in steps 1404 and 1405 regarding communicating steps after second time but fails to explicitly state about communicating with the first cell in accordance with the secondary cell configuration for the first cell and with the second cell in accordance with the special cell configuration for the second cell. However Wu states in Fig. 2 regarding the network device 105 transmits (205) a set of pre-configurations to the terminal device 110 via a message (referred to as a first message i.e. first time)… The pre-configurations may be indicated by the network device 105 to the terminal device 110 in the primary cell 115 or the secondary cell 120. In the scenario where the terminal device 110 is served by more than one network devices, the pre-configurations may be indicated by any one or more of the serving network devices in any one or more serving cells; see [0048 and 0051]; further Wu states about second time receiving switch command and swapping steps are being performed; see #210 of Fig. 2 (i.e. refer to [0064- 0065 and [0069] regarding second time) and [0065, 0066] … the network device 105 may cause swapping of a serving cell ID (referred to as a first serving cell ID) of the original primary cell 115 and a serving cell ID (referred to as a second serving cell ID) of the secondary cell 120 to be switched as a primary cell according to the predefined rule. In the case that the network device 105 serves both the original primary cell 115 and the secondary cell 120, the network device 105 may swap the first and second cell IDs. If the secondary cell 120 is provided by a further network devices, the network device 105 may communicate with the network device to facilitate the swapping. In some cases, a PCell may be assigned to a predefined cell ID (for example, serving cell ID 0) to distinguish from PSCells and Scells. As such, the swap of the serving cell IDs for the original primary cell and the secondary cell may ensure the new primary cell with the predefined cell ID. In the scenario where a SCell is switched to a PSCell, such swap of cell IDs may or may not be performed. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Wu with the teachings of Da silva to make system more effective. Having a mechanism wherein communicating with the first cell in accordance with the secondary cell configuration for the first cell and with the second cell in accordance with the special cell configuration for the second cell after sending a control message; greater way resources can be utilized/managed in the communication system. Regarding claim 30, Da silva teaches a method for wireless communication at a network entity, comprising (see claim 13, UE as a user equipment and network device as a network entity): transmitting, to a user equipment (UE), at a first time an indication of a secondary cell configuration for a first cell of a set of cells that is configured as a special cell at the first time and a special cell configuration for a second cell of the set of cells that is configured as a secondary cell at the first time (see claim 13 (in context with Fig. 14) about method performed by a network node, the method comprising: configuring a User Equipment, UE, by sending to the UE, a higher layer configuration comprising a set of SpCell configurations, to be configured in the UE (i.e. first time), while the UE is in connected state, transmitting a lower layer signaling (i.e. can be MAC signaling as control message see [0194]) to the UE (i.e. second time), which lower layer signaling comprises an indication, which indication indicates one or more SpCells comprised in the set of SpCell configurations, to be any one or more out of: activated or deactivated.; now refer to claim 17 in context with claim 13 about wherein each SpCell configuration out of the set of SpCell configurations is related to any one out of: a Primary Cell, PCell (i.e. a secondary cell configuration for a first cell), or a Primary Secondary Cell, PSCell (i.e. a special cell configuration for a second cell)); transmitting, to the UE, a control message configuring the first cell as a secondary cell at a second time and configuring the second cell as a special cell at the second time (see claim 13 (in context with Fig. 14) about method performed by a network node, the method comprising: configuring a User Equipment, UE, by sending to the UE, a higher layer configuration comprising a set of SpCell configurations, to be configured in the UE (i.e. first time), while the UE is in connected state, transmitting a lower layer signaling (i.e. can be MAC signaling see [0194]) to the UE (i.e. second time), which lower layer signaling comprises an indication, which indication indicates one or more SpCells comprised in the set of SpCell configurations, to be any one or more out of: activated or deactivated.; now refer to claim 17 in context with claim 13 about wherein each SpCell configuration out of the set of SpCell configurations is related to any one out of: a Primary Cell, PCell (i.e. a secondary cell configuration for a first cell), or a Primary Secondary Cell, PSCell (i.e. a special cell configuration for a second cell)); here Da silva states in steps 1404 and 1405 regarding communicating steps after second time but fails to explicitly state about communicating with the first cell in accordance with the secondary cell configuration for the first cell and with the second cell in accordance with the special cell configuration for the second cell. However Wu states in Fig. 2 regarding the network device 105 transmits (205) a set of pre-configurations to the terminal device 110 via a message (referred to as a first message i.e. first time)… The pre-configurations may be indicated by the network device 105 to the terminal device 110 in the primary cell 115 or the secondary cell 120. In the scenario where the terminal device 110 is served by more than one network devices, the pre-configurations may be indicated by any one or more of the serving network devices in any one or more serving cells; see [0048 and 0051]; further Wu states about second time receiving switch command and swapping steps are being performed; see #210 of Fig. 2 (i.e. refer to [0064- 0065 and [0069] regarding second time) and [0065, 0066] … the network device 105 may cause swapping of a serving cell ID (referred to as a first serving cell ID) of the original primary cell 115 and a serving cell ID (referred to as a second serving cell ID) of the secondary cell 120 to be switched as a primary cell according to the predefined rule. In the case that the network device 105 serves both the original primary cell 115 and the secondary cell 120, the network device 105 may swap the first and second cell IDs. If the secondary cell 120 is provided by a further network devices, the network device 105 may communicate with the network device to facilitate the swapping. In some cases, a PCell may be assigned to a predefined cell ID (for example, serving cell ID 0) to distinguish from PSCells and Scells. As such, the swap of the serving cell IDs for the original primary cell and the secondary cell may ensure the new primary cell with the predefined cell ID. In the scenario where a SCell is switched to a PSCell, such swap of cell IDs may or may not be performed. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Wu with the teachings of Da silva to make system more effective. Having a mechanism wherein communicating with the first cell in accordance with the secondary cell configuration for the first cell and with the second cell in accordance with the special cell configuration for the second cell after sending a control message; greater way resources can be utilized/managed in the communication system. Regarding claim 31, Da silva in view of Wu teaches as per claim 1, wherein the control message comprises a downlink control information (DCI) message. 32. (New) The network entity of claim 15, wherein the control message comprises a downlink control information (DCI) message; Wu see [0067- 0075].. The example is given in FIG. 10, where the MAC CE for Activation/Deactivation of TCI States for UE-specific PDSCH has a size of 3 octets and contains 16 Ti fields corresponding to 16 different TCI State IDs (where i=0, 1, 2, . . . , 15) that have been configured in a UE for a given BWP. In this example, TCI States with IDs i=2, 4, 5, 7, 8, 9, 11, and 13 are being activated with the MAC CE shown in the figure. This means that the TCI State IDs are mapped to the codepoint values of DCI Transmission Configuration Indication field as follows..; see [0067] (i.e. network send DCI to UE using the 3-bit Transmission Configuration Indication field (e.g., values \(000\) through \(111\)) will point to one of these codepoints, directing your UE to the specific beam and Quasi-co-Location (QCL) properties mapped to that exact TCI State ID). Regarding claim 32, Da silva in view of Wu teaches as per claim 15, wherein the control message comprises a downlink control information (DCI) message. 32. (New) The network entity of claim 15, wherein the control message comprises a downlink control information (DCI) message; Wu see [0067- 0075].. The example is given in FIG. 10, where the MAC CE for Activation/Deactivation of TCI States for UE-specific PDSCH has a size of 3 octets and contains 16 Ti fields corresponding to 16 different TCI State IDs (where i=0, 1, 2, . . . , 15) that have been configured in a UE for a given BWP. In this example, TCI States with IDs i=2, 4, 5, 7, 8, 9, 11, and 13 are being activated with the MAC CE shown in the figure. This means that the TCI State IDs are mapped to the codepoint values of DCI Transmission Configuration Indication field as follows..; see [0067] (i.e. network send DCI to UE using the 3-bit Transmission Configuration Indication field (e.g., values \(000\) through \(111\)) will point to one of these codepoints, directing your UE to the specific beam and Quasi-co-Location (QCL) properties mapped to that exact TCI State ID). Claim(s) 8, 22 are rejected under 35 U.S.C. 103 as being unpatentable over Da silva et al. (US Pub No. 2023/0007499 A1) in view of Wu et al. (WO 2020/164177 A1), published in Aug 2020 and further in view of Li et al. (US Pub. No. 2024/0196246 A1). Regarding claim 8, Da silva in view of Wu teaches as per claim 1, but fails to state about, wherein one or more processors are further operable to execute the code to cause the UE to: receive an indication of a measurement configuration for performing measurements on reference signals received from each deactivated cell of the set of cells; however Li states in claim 1 about wherein the wireless device is configured to: acquire a measurement gap (MG) configuration scheduling a measurement operation for at least one deactivated serving cell based on a network-controlled small gap (NCSG), and perform the measurement operation based on the NCSG in accordance with the MG configuration. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Li with the teachings of Da silva in view of Wu to make system more standardized. Regarding claim 22, Da silva in view of Wu teaches as per claim 15, but fails to state about, wherein one or more processors are further operable to execute the code to cause the network entity to: receive an indication of a measurement configuration for performing measurements on reference signals received from each deactivated cell of the set of cells; however Li states in claim 1 about wherein the wireless device is configured to: acquire a measurement gap (MG) configuration scheduling a measurement operation for at least one deactivated serving cell based on a network-controlled small gap (NCSG), and perform the measurement operation based on the NCSG in accordance with the MG configuration. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Li with the teachings of Da silva in view of Wu to make system more standardized. Claim(s) 9, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Da silva et al. (US Pub No. 2023/0007499 A1) in view of Wu et al. (WO 2020/164177 A1), published in Aug 2020 and further in view of Byun (US Pat. No. 9913144 B2). Regarding claim 9, Da silva in view of Wu teaches as per claim 1, but fails to state about, wherein one or more processors are further operable to execute the code to cause the UE to: receive an indication of a secondary cell index for the first cell, wherein the secondary cell index for the first cell is different from secondary cell indices for other cells in the set of cells configured for communications with the UE; however Byun states in claim 5 about he identifier of the deactivated first cell, the index for the coverage shape of the deactivated first cell, the identifiers of the activated multiple second cells and the indices for the coverage shape of the activated multiple second cells are is transmitted to the neighboring base station through a cell splitting pattern indication message, an eNB configuration update message, or a different message. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Byun with the teachings of Da silva in view of Wu to make system more standardized. Regarding claim 23, Da silva in view of Wu teaches as per claim 15, but fails to state about, wherein one or more processors are further operable to execute the code to cause the network entity to: receive an indication of a secondary cell index for the first cell, wherein the secondary cell index for the first cell is different from secondary cell indices for other cells in the set of cells configured for communications with the UE; however Byun states in claim 5 about he identifier of the deactivated first cell, the index for the coverage shape of the deactivated first cell, the identifiers of the activated multiple second cells and the indices for the coverage shape of the activated multiple second cells are is transmitted to the neighboring base station through a cell splitting pattern indication message, an eNB configuration update message, or a different message. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Byun with the teachings of Da silva in view of Wu to make system more standardized. Claim(s) 10, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Da silva et al. (US Pub No. 2023/0007499 A1) in view of Wu et al. (WO 2020/164177 A1), published in Aug 2020 and further in view of Yang et al. (US Pub. No. 2024/0113763 A1). Regarding claim 10, Da silva in view of Wu teaches as per claim 1, but fails to state about, wherein one or more processors are further operable to execute the code to cause the UE to: receive an indication of a range of secondary cell indices for the first cell, wherein the control message comprises an indication of a secondary cell index for the first cell at the second time, the secondary cell index selected from the range of secondary cell indices for the first cell; however Yang states in [0125- 0128] about ….one of secondary cells in which a beam failure occurs in the first cell group, for example, may be any secondary cell that meets a preset condition (for example, a secondary cell with a preset cell index) in secondary cells in which a beam failure occurs in the first cell group; and [0126] a secondary cell different from a cell in which a beam failure occurs in the first cell group, for example, a secondary cell that meets a preset condition, a secondary cell associated with the first cell group, a secondary cell indicated by the network side device, or a secondary cell selected by the terminal from a plurality of secondary cells configured by the network side device. Certainly, the secondary cell may be a cell in the first cell group or a cell outside the first cell group, including: [0127] one of secondary cells configured with candidate beam RS resources in the second cell group, for example, may be any secondary cell that meets a preset condition (for example, a secondary cell with a preset cell index) in secondary cells configured with candidate beam RS resources in the second cell group….. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Yang with the teachings of Da silva in view of Wu to make system more standardized. Regarding claim 24, Da silva in view of Wu teaches as per claim 15, but fails to state about, wherein one or more processors are further operable to execute the code to cause the network entity to: receive an indication of a range of secondary cell indices for the first cell, wherein the control message comprises an indication of a secondary cell index for the first cell at the second time, the secondary cell index selected from the range of secondary cell indices for the first cell; however Yang states in [0125- 0128] about ….one of secondary cells in which a beam failure occurs in the first cell group, for example, may be any secondary cell that meets a preset condition (for example, a secondary cell with a preset cell index) in secondary cells in which a beam failure occurs in the first cell group; and [0126] a secondary cell different from a cell in which a beam failure occurs in the first cell group, for example, a secondary cell that meets a preset condition, a secondary cell associated with the first cell group, a secondary cell indicated by the network side device, or a secondary cell selected by the terminal from a plurality of secondary cells configured by the network side device. Certainly, the secondary cell may be a cell in the first cell group or a cell outside the first cell group, including: [0127] one of secondary cells configured with candidate beam RS resources in the second cell group, for example, may be any secondary cell that meets a preset condition (for example, a secondary cell with a preset cell index) in secondary cells configured with candidate beam RS resources in the second cell group….. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Yang with the teachings of Da silva in view of Wu to make system more standardized. Claim(s) 11, 25 are rejected under 35 U.S.C. 103 as being unpatentable over Da silva et al. (US Pub No. 2023/0007499 A1) in view of Wu et al. (WO 2020/164177 A1), published in Aug 2020 and further in view of Li et al. (CN 117837263 A). Regarding claim 11, Da silva in view of Wu teaches as per claim 1, but fails to state about, wherein a special cell index for the second cell is zero at the second time, and a secondary cell index for the second cell is invalid at the second time; however Li states on pages 10-11 about ….For example, an index of "0" is assigned to the CC corresponding to the first cell identifier of the frequency band 18, an index of "1" is assigned to the CC corresponding to the second cell identifier of the frequency band 18, an index of "2" is assigned to the CC of the frequency band 41, and an index of "3" is assigned to the CC of the frequency band 42. Thus, it is possible to indicate the validity and invalidity of each CC from the base station apparatus 101 by specifying the information of the CC by the index. In one example, in the case where four CCs are set as described above, the validity or invalidity of each CC can be indicated by a 4-bit bit bit map corresponding to the indexes 0 to 3, respectively. In addition, instead, the validity/invalidity of each CC may be specified by adding an index to the respective valid/invalid combination of the plurality of CCs and specifying the index. FIG. 2 shows an example of the designated method. As shown in FIG. 2, for example, the index "0" is designated in the case where all the secondary CCs are not used, "1" is designated in the case where the secondary CC of the frequency band 18 is made to be valid, "3" is designated in the case where the secondary CC of the frequency band 41 is made to be valid, and so on. In addition, in the above example, the master CC is always valid, but the master CC can also be invalid. In this case, the validity/invalidity of the primary CC can be performed in the same way as the validity/invalidity of the secondary CC described above. For example, in the case of using a method of adding an index to a combination of the validity/invalidity of each of the plurality of CCs….. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Li with the teachings of Da silva in view of Wu to make system more standardized. Regarding claim 25, Da silva in view of Wu teaches as per claim 15, but fails to state about, wherein a special cell index for the second cell is zero at the second time, and a secondary cell index for the second cell is invalid at the second time; however Li states on pages 10-11 about ….For example, an index of "0" is assigned to the CC corresponding to the first cell identifier of the frequency band 18, an index of "1" is assigned to the CC corresponding to the second cell identifier of the frequency band 18, an index of "2" is assigned to the CC of the frequency band 41, and an index of "3" is assigned to the CC of the frequency band 42. Thus, it is possible to indicate the validity and invalidity of each CC from the base station apparatus 101 by specifying the information of the CC by the index. In one example, in the case where four CCs are set as described above, the validity or invalidity of each CC can be indicated by a 4-bit bit bit map corresponding to the indexes 0 to 3, respectively. In addition, instead, the validity/invalidity of each CC may be specified by adding an index to the respective valid/invalid combination of the plurality of CCs and specifying the index. FIG. 2 shows an example of the designated method. As shown in FIG. 2, for example, the index "0" is designated in the case where all the secondary CCs are not used, "1" is designated in the case where the secondary CC of the frequency band 18 is made to be valid, "3" is designated in the case where the secondary CC of the frequency band 41 is made to be valid, and so on. In addition, in the above example, the master CC is always valid, but the master CC can also be invalid. In this case, the validity/invalidity of the primary CC can be performed in the same way as the validity/invalidity of the secondary CC described above. For example, in the case of using a method of adding an index to a combination of the validity/invalidity of each of the plurality of CCs….. It would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention was made to consider the teachings of Li with the teachings of Da silva in view of Wu to make system more standardized. Allowable Subject Matter Claims 3- 5, 12- 13, 17- 19 and 26- 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion 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 PARTH PATEL whose telephone number is (571)270-1970. The examiner can normally be reached 7 a.m. -7 p.m. PST. 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, Jae Y. Lee can be reached at 5712703936. 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. PARTH PATEL Primary Examiner Art Unit 2479 /PARTH PATEL/ Primary Examiner, Art Unit 2479
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Prosecution Timeline

Show 2 earlier events
Jul 01, 2025
Response Filed
Sep 05, 2025
Final Rejection mailed — §103
Nov 07, 2025
Response after Non-Final Action
Nov 21, 2025
Request for Continued Examination
Nov 25, 2025
Response after Non-Final Action
Jan 23, 2026
Non-Final Rejection mailed — §103
May 18, 2026
Response Filed
Jul 16, 2026
Final Rejection mailed — §103 (current)

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5-6
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+23.4%)
2y 9m (~0m remaining)
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