Prosecution Insights
Last updated: July 17, 2026
Application No. 17/917,376

Measurement Method and Apparatus

Non-Final OA §103
Filed
Feb 13, 2023
Priority
Apr 08, 2020 — CN 202010268725.4 +2 more
Examiner
LEMA LEMOS, LUIS GUILLERMO
Art Unit
2419
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
3 granted / 4 resolved
+17.0% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
23 currently pending
Career history
41
Total Applications
across all art units

Statute-Specific Performance

§103
73.2%
+33.2% vs TC avg
§102
19.5%
-20.5% vs TC avg
§112
7.3%
-32.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 4 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 . This Office Action is in response to communications filed on 01/20/2026. Claims 28, 30, 32-40, 42, 44, 46, 48-53 are pending and rejected. Claims 1-27, 29, 31, 41, 43, 45 and 47 are cancelled. Claims 51-53 are new. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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. 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. 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. Claims 28,30,32-37,39-40,42,44, 46,51-53 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20220394535 A1) (hereinafter “Li”) in view of Tabet et al (US 20130272212 A1) (hereinafter “Tabet”). Regarding claim 28, Li discloses a method implemented by a terminal device (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method), wherein the method comprises: obtaining first information or second information (see Fig. 2 (201), para. [0068] discloses terminal device receives first parameter and second parameter), wherein the first information is used to indicate that values of downlink radio links qualities corresponding to all radio link monitoring- reference signal (RLM-RS) resources that are measured by the terminal device are less than or equal to a first threshold (see para. [0068] discloses first parameter may include value of a first beam Failure Instance Max Count and/or a first value of a beam Failure Detection Timer.), wherein the second information is used to indicate that a value of a downlink radio link quality corresponding to at least one RLM-RS resource that is measured by the terminal device is greater than or equal to a second threshold (see para. [0068] discloses the second parameter may include a parameter value of a second beam Failure Instance Max Count and/or a second value of the beam Failure Detection Timer), wherein the all RLM-RS resources are configured between the terminal device and a network device, and wherein the at least one RLM-RS resource is configured between the terminal device and the network device (see para. [0070] discloses terminal device receives and RRC reconfiguration message sent by the network device and obtains the Radio Link Monitoring based on the RRC reconfiguration message); determining, in combination with a first condition, whether to perform a radio link monitoring (RLM) measurement relaxation based on the first information or the second information, wherein the first condition comprises one of the following conditions: a variation difference of reference signal receiving power (RSRP) measured in a second time period is less than or equal to a seventh threshold (This part is optional, although Li discloses terminal device evaluates radio link quality with Qin and Qout thresholds of SINR), a variation difference of reference signal receiving quality (RSRQ) measured by the terminal device in the second time period is less than or equal to an eighth threshold (This part is optional, although Li discloses terminal device evaluates radio link quality with Qin and Qout thresholds of SINR), or a periodicity of performing RLM measurement by the terminal device is less than or equal to an eleventh threshold (see para. [0040] discloses discloses terminal device evaluates radio link quality with Qin and Qout thresholds of SINR radio link failure detected by number of counts of Qouts); sending, to the network device, a third message indicating that the terminal device has an RLM measurement relaxation capability to relax measurement of RLM-RSs; detecting a physical layer problem of a primary cell or a secondary cell (see para. [0041]-[0042] discloses terminal receives continuous N310 “out-of-sync”); starting, in response to detecting the physical layer problem of the primary cell or the secondary cell, a T310 timer (see para. [0041] discloses timer T310 involved on determination of out-of-sync of the network by the terminal device. (Out-of-sync is a physical layer problem)); and skipping, in response to starting the T310 timer, the RLM measurement relaxation (see Fig. 5, (T310 is started and Normal RLM (skipping Relaxed RLM) until T310 is stopped), para. [0107];[0109] discloses in the normal RLM state, when the second N310 Qouts are received , the T310 timer is started). Li does not clearly disclose but Tabet teaches sending, to the network device, a third message indicating that the terminal device has an RLM measurement relaxation capability to relax measurement of RLM-RSs (see para. [0030] discloses UE sending RRC message to the network that includes capability including start time and periodicity and tune-away mode). Li and Tabet are considered to be analogous to the claim invention because they are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Li to include the capability message as described by Tabet. The motivation to combine both references would come from facilitating the adjustment of operational parameters in the systems that could increase messaging efficiency. Regarding claim 30, Li discloses a method (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method), further comprising receiving, from the network device, a first message indicating that the terminal device is allowed to perform the RLM measurement relaxation (see para. [0004]-[0005];[00107] discloses method for state switching from first state to second state; normal RLM state is switched to the relaxed RLM state according to indication information sent by the network device). Regarding claim 32, Li discloses a method (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method), wherein obtaining the first information or the second information comprises obtaining, by a physical (PHY) layer, the first information or the second information based on detected values of the downlink radio links qualities corresponding to the RLM-RS resources configured or detected value of the downlink radio link quality corresponding to the at least one RLM-RS resource configured (see para. [0040] discloses RLM is used to monitor a channel quality of downlink of a serving cell, a physical layer of a terminal of a terminal device evaluates a radio link quality within a preset time). Regarding claim 33, Li discloses a method, wherein the RLM measurement relaxation comprises increasing a periodicity of RLM measurement (implicit in RLM relaxation is performing the more frequent measurements). Regarding claim 34, Li discloses a method, (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method) wherein determining whether to perform the RLM measurement relaxation comprises: determining, in combination with the first condition, whether to perform the RLM measurement relaxation based on a first amount of the first information or a second amount of the second information (This part is optional); determining, in combination with the first condition, whether to perform the RLM measurement relaxation based on whether information obtained in a first preset duration is the first information (see Fig. 5 (switch to Relaxed RLM Qin/Qout counter cleared and T310 is stopped); or determining, in combination with the first condition, whether to perform the RLM measurement relaxation based on whether the information obtained in the first preset duration is the second information (This part is optional). Regarding claim 35, Li discloses a method (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method), wherein determining whether to perform the RLM measurement relaxation based on the first amount or the second amount comprises: determining, in combination with the first condition, whether to perform the RLM measurement relaxation based on the first amount or the second amount is obtained in a first time period (see Fig. 5 (Qout, T310) para. [0026] discloses RLF process for switching from normal RLM to relaxed RLM) ; or determining, in combination with the first condition, whether to perform the RLM measurement relaxation based on that the first amount is continuously obtained or the second amount is continuously obtained before a current moment (This part is optional). Regarding claim 36, Li discloses a method (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method), wherein determining whether to perform the RLM measurement relaxation based on the first amount or the second amount obtained in the first time period comprises: determining, in combination with the first condition, to perform the RLM measurement relaxation when the first amount in the first time period is less than or equal to a third threshold, or when the second amount in the first time period is greater than a fourth threshold (see Fig. 5 (Qout, T310) para. [0026];[0040];[0107] discloses RLF process for switching from normal RLM to relaxed RLM; RLM compares radio link quality with Qin Threshold and Qout threshold; normal RLM stat, when the second N310 Qouts are received, the timer T310 starts, during the T310 timer four Qins are received, the normal RLM is switched to relaxed RLM); or determining, in combination with the first condition, not to perform the RLM measurement relaxation when the first amount in the first time period is greater than the third threshold, or when the second amount in the first time period is less than or equal to the fourth threshold (This part is optional). Regarding claim 37, Li discloses a method (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method), wherein determining whether to perform the RLM measurement relaxation based on the first amount continuously obtained or the second amount is continuously obtained before the current moment comprises: determining, in combination with the first condition, to perform the RLM measurement relaxation when the first amount is continuously obtained before the current moment is less than or equal to a fifth threshold, or the second amount is continuously obtained before the current moment is greater than a sixth threshold (see Fig. 5 (Qout, T310) para. [0026] discloses RLF process for switching from normal RLM to relaxed RLM); or determining, in combination with the first condition, not to perform the RLM measurement relaxation when the first amount is continuously obtained before the current moment is greater than the fifth threshold, or when the second amount is continuously obtained before the current moment is less than or equal to the sixth threshold. Regarding claim 39, Li discloses a method, wherein the first information comprises out- of-sync indication information, and wherein the second information comprises in-sync indication information (see para. [0041]-0042] discloses terminal receives N310 “out-of-sync” and N311 “in -sync”). Regarding claim 40, Li discloses a measurement apparatus (see Fig. 7, Fig. 8, Fig. 10 (Terminal Device), para. [0011] discloses terminal device including processor and memory configured to store computer program run by processor, to perform acts of the measurement method), comprising: a memory configured to store instructions (see para. [0011] discloses terminal device including processor and memory configured to store computer program run by processor, to perform acts of the measurement method); and a processor coupled to the memory and configured to execute the instructions to cause the measurement apparatus (see para. [0011] discloses terminal device including processor and memory configured to store computer program run by processor, to perform acts of the measurement method) to: obtain first information or second information, wherein the first information is used to indicate that values of downlink radio links qualities corresponding to all radio link monitoring-reference signal (RLM-RS) resources that are measured by a terminal device are less than or equal to a first threshold, wherein the second information is used to indicate that a value of a downlink radio link quality corresponding to at least one RLM-RS resource that is measured by the terminal device is greater than or equal to a second threshold (see para. [0068] discloses first parameter may include value of a first beam Failure Instance Max Count and/or a first value of a beam Failure Detection Timer), wherein the all RLM-RS resources are configured between the terminal device and a network device, and wherein the at least one RLM-RS resource is configured between the terminal device and the network device (see para. [0070] discloses terminal device receives and RRC reconfiguration message sent by the network device and obtains the Radio Link Monitoring based on the RRC reconfiguration message); determine, in combination with a first condition, whether to perform a radio link monitoring (RLM) measurement relaxation based on the first information or the second information, wherein the first condition comprises one of the following conditions: a variation difference of reference signal receiving power (RSRP) measured in a second time period is less than or equal to a seventh threshold (This part is optional, although Li discloses terminal device evaluates radio link quality with Qin and Qout thresholds of SINR), a variation difference of reference signal receiving quality (RSRQ) measured by the terminal device in the second time period is less than or equal to an eighth threshold (This part is optional, although Li discloses terminal device evaluates radio link quality with Qin and Qout thresholds of SINR), or a periodicity of performing RLM measurement by the terminal device is less than or equal to an eleventh threshold (see para. [0040] discloses discloses terminal device evaluates radio link quality with Qin and Qout thresholds of SINR radio link failure detected by number of counts of Qouts); detect a physical layer problem of a primary cell or a secondary cell (see para. [0041]-[0042] discloses terminal receives continuous N310 “out-of-sync”); start, in response to detecting the physical layer problem of the primary cell or the secondary cell, a T310 timer (see para. [0041] discloses timer T310 involved on determination of out-of-sync of the network by the terminal device. (Out-of-sync is a physical layer problem)); and skip, in response to starting the T310 timer, the RLM measurement relaxation (see Fig. 5, (T310 is started and Normal RLM (skipping Relaxed RLM) until T310 is stopped), para. [0107];[0109] discloses in the normal RLM state, when the second N310 Qouts are received , the T310 timer is started). Li fails to disclose but Tabet teaches send, to the network device, a third message indicating that the terminal device has an RLM measurement capability to relax measurement of RLM-RSs; (see para. [0030] discloses UE sending RRC message to the network that includes capability including start time and periodicity and tune-away mode). Li and Tabet are considered to be analogous to the claim invention because they are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Li to include the capability message as described by Tabet. The motivation to combine both references would come from facilitating the adjustment of operational parameters in the systems that could increase messaging efficiency. Regarding claim 42, Li discloses a measurement apparatus (see Fig. 7, Fig. 8, Fig. 10 (Terminal Device), para. [0011] discloses terminal device including processor and memory configured to store computer program run by processor, to perform acts of the measurement method), wherein the processor is further configured to execute the instructions to cause the measurement apparatus to perform receiving, from the network device, a first message indicating a related parameter of the RLM measurement relaxation (see para. [0004]-[0005];[00107] discloses method for state switching from first state to second state; normal RLM state is switched to the relaxed RLM state according to indication information sent by the network device). Regarding claim 44, Lid discloses a non-transitory computer-readable storage medium comprising computer-executable instructions stored thereon that (see para. [0189];[0192] discloses memory of various types; software module may be located in a storage medium in the memory), when executed by a processor (see Fig. 7, Fig. 8, Fig. 10 (Terminal Device), para. [0011] discloses terminal device including processor and memory configured to store computer program run by processor, to perform acts of the measurement method), cause a measurement apparatus to: obtain first information or second information (see Fig. 2 (201), para. [0068] discloses terminal device receives first parameter and second parameter), wherein the first information is used to indicate that values of downlink radio links qualities corresponding to all radio link monitoring- reference signal (RLM-RS) resources that are measured by a terminal device are less than or equal to a first threshold (see para. [0068] discloses first parameter may include value of a first beam Failure Instance Max Count and/or a first value of a beam Failure Detection Timer), wherein the second information is used to indicate that a value of a downlink radio link quality corresponding to at least one RLM-RS resource that is measured by the terminal device is greater than or equal to a second threshold (see para. [0068] discloses the second parameter may include a parameter value of a second beam Failure Instance Max Count and/or a second value of the beam Failure Detection Timer), wherein the all RLM-RS resources are configured between the terminal device and a network device, and wherein the at least one RLM- RS resource is configured between the terminal device and the network device (see para. [0070] discloses terminal device receives and RRC reconfiguration message sent by the network device and obtains the Radio Link Monitoring based on the RRC reconfiguration message); determine, in combination with a first condition, whether to perform a radio link monitoring (RLM) measurement relaxation based on the first information or the second information, wherein the first condition one of the following conditions: a variation difference of reference signal receiving power (RSRP) measured in a second time period is less than or equal to a seventh threshold This part is optional, although Li discloses terminal device evaluates radio link quality with Qin and Qout thresholds of SINR), a variation difference of reference signal receiving quality (RSRQ) measured by the terminal device in the second time period is less than or equal to an eighth threshold (This part is optional, although Li discloses terminal device evaluates radio link quality with Qin and Qout thresholds of SINR), or a periodicity of performing RLM measurement by the terminal device is less than or equal to an eleventh threshold (see para. [0040] discloses discloses terminal device evaluates radio link quality with Qin and Qout thresholds of SINR radio link failure detected by number of counts of Qouts); detect a physical layer problem of a primary cell or a secondary cell (see para. [0041]-[0042] discloses terminal receives continuous N310 “out-of-sync”); start, in response to detecting the physical layer problem of the primary cell or the secondary cell, a T310 timer (see para. [0041] discloses timer T310 involved on determination of out-of-sync of the network by the terminal device. (Out-of-sync is a physical layer problem)); and skip, in response to starting the T310 timer, the RLM measurement relaxation (see Fig. 5, (T310 is started and Normal RLM (skipping Relaxed RLM) until T310 is stopped), para. [0107];[0109] discloses in the normal RLM state, when the second N310 Qouts are received , the T310 timer is started). Li fails to disclose but Tabet teaches send, to the network device, a third message indicating that the terminal device has an RLM measurement relaxation capability to relax measurement of RLM-RSs (see para. [0030] discloses UE sending RRC message to the network that includes capability including start time and periodicity and tune-away mode). Li and Tabet are considered to be analogous to the claim invention because they are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Li to include the capability message as described by Tabet. The motivation to combine both references would come from facilitating the adjustment of operational parameters in the systems that could increase messaging efficiency. Regarding claim 46, Li discloses a non-transitory computer-readable storage medium (see para. [0189];[0192] discloses memory of various types; software module may be located in a storage medium in the memory), wherein the processor is further configured to execute the instructions to cause the measurement apparatus to perform receiving (see Fig. 7, Fig. 8, Fig. 10 (Terminal Device), para. [0011] discloses terminal device including processor and memory configured to store computer program run by processor, to perform acts of the measurement method), from the network device, a first message indicating that the terminal device is allowed to perform the RLM measurement relaxation or indicating a related parameter of the RLM measurement relaxation (see para. [0004]-[0005];[00107] discloses method for state switching from first state to second state; normal RLM state is switched to the relaxed RLM state according to indication information sent by the network device). Regarding claim 51, Li discloses a method (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method). Li fails to disclose but Tabet teaches wherein the third message indicates that the terminal device has a capability to increase a periodicity of performing RLM measurement as part of the RLM measurement relaxation (see para. [0030] discloses UE sending RRC message to the network that includes capability including start time and periodicity and tune-away mode). Li and Tabet are considered to be analogous to the claim invention because they are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Li to include the capability message as described by Tabet. The motivation to combine both references would come from facilitating the adjustment of operational parameters in the systems that could increase messaging efficiency. Regarding claim 52, Li discloses a method (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method). Li fails to disclose but Tabet teaches wherein the third message specifically indicates support for relaxing measurement of RLM-RS resources, and wherein the RLM measurement relaxation capability is distinct from a discontinuous reception (DRX) capability (see para. [0030] discloses UE sending RRC message to the network that includes capability including start time and periodicity and tune-away mode). Li and Tabet are considered to be analogous to the claim invention because they are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Li to include the message as described by Tabet. The motivation to combine both references would come from facilitating the adjustment of operational parameters in the systems that could increase messaging efficiency. Regarding claim 53, Li discloses a method (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method). Li fails to disclose but Tabet teaches wherein the third message indicates that the terminal device supports at least one of increasing a periodicity of RLM measurement, adjusting an evaluation period for RLM measurement (see para. [0030] discloses UE sending RRC message to the network that includes capability including start time and periodicity and tune-away mode), or modifying a threshold for RLM measurement quality determination (This part is optional). Li and Tabet are considered to be analogous to the claim invention because they are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Li to include the message as described by Tabet. The motivation to combine both references would come from facilitating the adjustment of operational parameters in the systems that could increase messaging efficiency. Claim 38,48-50 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20220394535 A1) (hereinafter “Li”) in view of Tabet et al (US 20130272212 A1) (hereinafter “Tabet”) as applied to claim 28, 40 and 44 above and further in view of Siomina et al (US 20200137601 A10) (hereinafter “Siomina”). Regarding claim 38, Li discloses a method of (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method). Li fails to disclose but Siomina teaches further comprising sending, to the network device, a second message requesting to configure the RLM measurement relaxation (see Fig. 3 (312, 314), para. [0106] discloses sending result of at least one of the measurements to the node. Using the result for one or more operational tasks). Li and Siomina are considered to be analogous to the claim invention because they are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Li to include the message as described by Siomina. The motivation to combine both references would come from facilitating the adjustment of operational parameters in the systems that could increase messaging efficiency. Regarding claim 48, Li discloses a method (see para. [0002];[0004]-[0007];[0011]-[0021] discloses method based on device; measurement method. Li fails to disclose but Siomina teaches receiving, from the network device, a fourth message, and wherein sending the third message comprises sending, in response to receiving the fourth message and to the network device, the third message (see [0059];[0064] discloses the method for the wireless device to indicate capability; the capability may be sent upon a request from network node 115). Li and Siomina are considered to be analogous to the claim invention because they are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Li to include the fourth message as described by Siomina. The motivation to combine both references would come from facilitating the adjustment of operational parameters in the systems that could increase messaging efficiency. Regarding claim 49, Li discloses a measurement (see Fig. 7, Fig. 8, Fig. 10 (Terminal Device), para. [0011] discloses terminal device including processor and memory configured to store computer program run by processor, to perform acts of the measurement method), wherein the processor is further configured to execute the instructions to cause the measurement apparatus to receive, from the network device, a fourth message, and wherein sending the third message comprises sending, in response to receiving the fourth message and to the network device, the third message (see [0059];[0064] discloses the method for the wireless device to indicate capability; the capability may be sent upon a request from network node 115). Li and Siomina are considered to be analogous to the claim invention because they are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Li to include the fourth message as described by Siomina. The motivation to combine both references would come from facilitating the adjustment of operational parameters in the systems that could increase messaging efficiency. Regarding claim 50, Li discloses a non-transitory computer-readable storage medium (see para. [0189];[0192] discloses memory of various types; software module may be located in a storage medium in the memory), wherein the processor is further configured to execute the instructions to cause the measurement apparatus (see Fig. 7, Fig. 8, Fig. 10 (Terminal Device), para. [0011] discloses terminal device including processor and memory configured to store computer program run by processor, to perform acts of the measurement method) to receive, from the network device, a fourth message, and wherein sending the third message comprises sending, in response to receiving the fourth message and to the network device, the third message (see [0054];[0059];[0064] discloses device; the method for the wireless device to indicate capability; the capability may be sent upon a request from network node 115). Li and Siomina are considered to be analogous to the claim invention because they are in the same field of wireless communications. Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Li to include the fourth message as described by Siomina. The motivation to combine both references would come from facilitating the adjustment of operational parameters in the systems that could increase messaging efficiency. Response to Arguments Applicant’s arguments, see pages 11-17, filed 01/20/2026, with respect to the rejection(s) of claims 28,30,32-40,42,44,46, and 48-50 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 of rejections is made over Li (US 20220394535 A1) (hereinafter “Li”) in view of Tabet et al (US 20130272212 A1). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS GUILLERMO LEMA LEMOS whose telephone number is (571)-272-5710. The examiner can normally be reached M-F 8-5 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, Nishant Divecha can be reached at 571-270-3125. 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. /LUIS GUILLERMO LEMA LEMOS/Examiner, Art Unit 2419 /PAO SINKANTARAKORN/Primary Examiner, Art Unit 2409
Read full office action

Prosecution Timeline

Feb 13, 2023
Application Filed
Jun 05, 2025
Non-Final Rejection mailed — §103
Aug 22, 2025
Response Filed
Oct 29, 2025
Final Rejection mailed — §103
Jan 20, 2026
Response after Non-Final Action
Feb 09, 2026
Request for Continued Examination
Feb 12, 2026
Response after Non-Final Action
Jun 29, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+33.3%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 4 resolved cases by this examiner. Grant probability derived from career allowance rate.

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