Prosecution Insights
Last updated: April 19, 2026
Application No. 18/007,136

METHODS OF COMMUNICATION, TERMINAL DEVICES, NETWORK DEVICES AND COMPUTER READABLE MEDIA

Non-Final OA §103
Filed
Jan 27, 2023
Examiner
WASEL, SHIMA MOHAMED
Art Unit
2475
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
3 (Non-Final)
46%
Grant Probability
Moderate
3-4
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allow Rate
5 granted / 11 resolved
-12.5% vs TC avg
Strong +83% interview lift
Without
With
+83.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
39 currently pending
Career history
50
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
84.8%
+44.8% vs TC avg
§102
9.4%
-30.6% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 11 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/22/2025 has been entered. Response to Arguments Claims 18, 38-39 have been amended. Claims 18, 38-39 are presently pending. Applicant's arguments with respect to the claim(s) have been considered but are moot in view of the new ground(s) of rejection. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 18, 38-39 are rejected under 35 U.S.C. 103 as being unpatentable over DENG (US 20220369173, hereinafter, “Deng”, provided in the IDS by the applicant) in view of LEE et al. (US 20200389886, hereinafter, “LEE”). Claim 18. DENG teaches: A method of a terminal device, the method comprising: - See Fig. 3 receiving, from a first network device, a radio resource control (RRC) reconfiguration message for conditionally configuring a primary secondary cell (PSCell) of a secondary cell group (SCG), - See Fig.3, ¶ [0060], (“In step 7, the MN transmits a signaling for PSCell conditional change to the UE. The MN may transmit multiple PSCcell conditional change information at one time via an RRC reconfiguration signaling…to transmit multiple PSCcell conditional change information in sequence. The PSCell conditional change information includes an identity of a candidate PSCell, a trigger condition for PSCell change”); ¶ [0040], (“in the process of performing the PSCell change, once detecting that a candidate PCell meets the conditional handover trigger condition, the UE starts to perform the PCell handover, and the candidate PCell is not configured with SCG or configured with SCG relevant to other PSCells.”) the RRC reconfiguration message comprising information of a plurality of candidate PSCells; - See Fig.3, ¶ [0060], (“The MN may transmit multiple PSCcell conditional change information at one time via an RRC reconfiguration signaling, or use multiple RRC reconfiguration signalings to transmit multiple PSCcell conditional change information in sequence…Different candidate PSCells may have different or a same trigger condition for PSCell change.”) selecting a target PSCell to be switched from the plurality of candidate PSCells; - See Fig.3, ¶ [0062], (“In step 9, the UE finds that at least one candidate PSCell meets the trigger condition. If there are multiple candidate PSCells that meet the trigger condition, the UE may select the candidate PSCell with highest signal quality as the target PSCell for the change”) transmitting, to the first network device, an uplink message which comprises information indicating the selected target PSCell. - See Fig. 3, ¶ [0063], (“In step 10, the UE indicates to the MN the determined target PSCell, i.e., the target PSCell that the UE will access. The UE may indicate the determined target PSCell to the MN via RRC signaling, for example, indicating an identity of the determined target PSCell.”, The RRC signaling from the UE to the MN (master node (eq. network device)) is an uplink message.) DENG does not explicitly teach: applying a configuration of the SCG without initiating Random Access (RA); However, LEE teaches: applying a configuration of the SCG without initiating Random Access (RA); - See Fig 14, ¶ [0215 - 0216], (“2> if rach-SkipSCG is configured: 3> configure lower layers to apply the rach-SkipSCG for the target SCG…¶ [0222] 3> initiate the random access procedure on the PSCell, if rach-SkipSCG is not configured”, The random access procedure is not initiated if rach-SkipSCG is configured.) It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified DENG with LEE to include applying a configuration of the SCG without initiating Random Access, as taught by LEE. One of ordinary skill in the art would have been motivated to make this modification to reduce latency related to dual connectivity, as suggested by LEE, In DC (Dual connectivity), an SCG can be established, reconfigured or released by using an RRCConnectionReconfiguration message. In case random access to the primary SCell (PSCell) or if rach-SkipSCG is configured is required upon SCG reconfiguration, E-UTRAN employs the SCG change procedure. - ¶ [0090] Claim 38. DENG teaches: A method of a first network device, the method comprising: - See Fig.3 transmitting, to a terminal device, a radio resource control (RRC) reconfiguration message for conditionally configuring a primary secondary cell (PSCell) of a secondary cell group (SCG), - See Fig.3, ¶ [0060], (“In step 7, the MN transmits a signaling for PSCell conditional change to the UE. The MN may transmit multiple PSCcell conditional change information at one time via an RRC reconfiguration signaling, or use multiple RRC reconfiguration signalings to transmit multiple PSCcell conditional change information in sequence. The PSCell conditional change information includes an identity of a candidate PSCell, a trigger condition for PSCell change, and radio resources configured for the UE by the candidate SN.”); ¶ [0040], (“in the process of performing the PSCell change, once detecting that a candidate PCell meets the conditional handover trigger condition, the UE starts to perform the PCell handover, and the candidate PCell is not configured with SCG or configured with SCG relevant to other PSCells.”) the RRC reconfiguration message comprising information of a plurality of candidate PSCells and the terminal device applying a configuration of the SCG without initiating Random Access (RA); - See Fig.3, ¶ [0060], (“The MN may transmit multiple PSCcell conditional change information at one time via an RRC reconfiguration signaling, or use multiple RRC reconfiguration signalings to transmit multiple PSCcell conditional change information in sequence…Different candidate PSCells may have different or a same trigger condition for PSCell change.”) and receiving, from the terminal device, an uplink message which comprises information indicating the selected target PSCell. - See Fig. 3, ¶ [0063], (“In step 10, the UE indicates to the MN the determined target PSCell, i.e., the target PSCell that the UE will access. The UE may indicate the determined target PSCell to the MN via RRC signaling, for example, indicating an identity of the determined target PSCell.”) DENG does not explicitly teach: the RRC reconfiguration message comprising information of a plurality of candidate PSCells and the terminal device applying a configuration of the SCG without initiating Random Access (RA); However, LEE teaches: the RRC reconfiguration message comprising information of a plurality of candidate PSCells and the terminal device applying a configuration of the SCG without initiating Random Access (RA); - See Fig 14, ¶ [0205], (“the received RRCConnectionReconfiguration message includes radioResourceConfigDedicated including drb-ToAddModList:…¶ [0210] 3> perform PSCell addition or modification;…¶ [0215 - 0216], (“2> if rach-SkipSCG is configured: 3> configure lower layers to apply the rach-SkipSCG for the target SCG;…¶ [0222] 3> initiate the random access procedure on the PSCell, if rach-SkipSCG is not configured”, The random access procedure is not initiated if rach-SkipSCG is configured.) It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified DENG with LEE to include applying a configuration of the SCG without initiating Random Access, as taught by LEE. One of ordinary skill in the art would have been motivated to make this modification to reduce latency related to dual connectivity, as suggested by LEE, In DC (Dual connectivity), an SCG can be established, reconfigured or released by using an RRCConnectionReconfiguration message. In case random access to the primary SCell (PSCell) or if rach-SkipSCG is configured is required upon SCG reconfiguration, E-UTRAN employs the SCG change procedure. - ¶ [0090] Claim 39 is the apparatus claim corresponding to the method claim of claim 18 and is rejected under the same rationale as Claim 18 since they recite nearly identical limitations. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shima Wasel whose telephone number is (703)756-4725. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm. 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, Khaled Kassim can be reached at (571) 270-3770. 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. /SHIMA WASEL/Patent Examiner, Art Unit 2475 /KHALED M KASSIM/supervisory patent examiner, Art Unit 2475
Read full office action

Prosecution Timeline

Jan 27, 2023
Application Filed
Aug 26, 2024
Response after Non-Final Action
Apr 15, 2025
Non-Final Rejection — §103
Jul 18, 2025
Response Filed
Aug 14, 2025
Final Rejection — §103
Nov 20, 2025
Response after Non-Final Action
Dec 22, 2025
Request for Continued Examination
Jan 08, 2026
Response after Non-Final Action
Jan 14, 2026
Non-Final Rejection — §103 (current)

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

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Prosecution Projections

3-4
Expected OA Rounds
46%
Grant Probability
99%
With Interview (+83.3%)
3y 3m
Median Time to Grant
High
PTA Risk
Based on 11 resolved cases by this examiner. Grant probability derived from career allow rate.

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