Prosecution Insights
Last updated: April 19, 2026
Application No. 18/032,290

SCG ACTIVATION DURING MOBILITY

Non-Final OA §102§103§112
Filed
Apr 17, 2023
Examiner
SCHEIBEL, ROBERT C
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
3 (Non-Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
96%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
640 granted / 794 resolved
+22.6% vs TC avg
Strong +15% interview lift
Without
With
+15.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
32 currently pending
Career history
826
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
21.3%
-18.7% vs TC avg
§112
16.1%
-23.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 794 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Examiner acknowledges receipt of Applicant’s Request for Continued Examination (RCE) filed 2/17/2026 (entering the claim amendments and remarks filed 1/16/2026). In the RCE and newly entered amendments, Applicant has amended claims 1, 2, 6, 7, 15, and 24. Claims 1-3, 6-9, 14-20, and 22-33 are currently pending. Response to Arguments Examiner has fully considered Applicant’s arguments, see page 8, filed 1/16/2026, with respect to the objection to claim 6 and they are persuasive. Examiner has withdrawn the objection to claim 6. Examiner has fully considered Applicant's arguments, see pages 8-11, filed 1/16/2026, with respect to the rejection of the claims under 35 U.S.C. 102 and 103 but they are not persuasive. On page 8, Applicant summarizes the prior art used in the previous rejections of the claims. Applicant then recites part of the last office action (from the Response to Arguments section). Applicant then notes that claim 1 has been amended to include the limitation “wherein executing the mobility procedure comprises performing one or more operations that result in a change of a serving cell group of the communication device”. Applicant then quotes the abstract and [0110]-[0111] of Wang. Applicant then suggests that in Wang, “the UE’s actions are limited to evaluating an activity state of the SCG and sending or withholding configuration-related signaling depending on that state”. Examiner respectfully disagrees. As indicated in the rejections below, Wang discloses that in addition to the configuration signaling, the mobility procedure in Figure 3A of Wang includes initiating a random access (RA) procedure (see [0116], [0117], and [0126], for example). Wang further discloses the mobility procedure including a reconfiguration with sync to the target PScell/SCG (see [0119], for example). For at least these reasons, the amended independent claims are still anticipated by Wang and rejected under 35 U.S.C. 102 below. Claim Rejections - 35 USC § 112(b) The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 1-3, 6-9, 14-20, and 22-33 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claims 1, 7, 15, and 24: the scope of the phrase “a serving cell group” (in the clause “wherein executing the mobility procedure comprises performing one or more operations that result in a change of a serving cell group of the communication device”) is unclear. In particular, is the claimed “serving cell group” related to one or both of the claimed “master cell group” and “secondary cell group”? Is it either of the MCG/SCG? Both? Another cell group? The claim should be amended to clarify the relationship between the “serving cell group” and the other claimed cell groups. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-3, 6-9, 14-16, 18-20, 22-27, and 29-33 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al (US 2023/0232494). Regarding claim 1: Wang discloses a method, performed by a communication device (see terminal 130 in the Figures and [0062]-[0063], for example) operating in dual connectivity with a master cell group, MCG, (see MCG 150 and associated network devices 110 the Figures and [0062]-[0063], for example) and a secondary cell group, SCG, (see SCG 160 and associated network devices 120 in the Figures and [0062]-[0063], for example) of a wireless communication network, the method comprising: receiving a message from a network node of the wireless communication network, the message comprising an instruction to perform a mobility procedure concerning at least one of the MCG or the SCG (disclosed throughout; see RRC reconfiguration message 302 of Figure 3A, for example, which indicates a mobility procedure concerning the SCG (such as an addition or change to the PScell) as indicated in [0110]-[0111], for example); determining an SCG state for power saving for the communication device (disclosed throughout; see [0111], for example, which discloses different alternatives for the terminal to determine “that the SCG is deactivated” or “that the SCG is activated”); executing the mobility procedure according to the instruction and according to the determined SCG state for power saving, wherein executing the mobility procedure comprises performing one or more operations that result in a change of a serving cell group of the communication device (disclosed throughout; see [0113], for example, which indicates “if the terminal device 130 determines that the SCG is deactivated, the terminal device 130 transmits 320 a third message to the second network device 120 of the SCG, where the third message indicates that the configuration for the PScell has been completed by the terminal device 130”; thus, the terminal executes the instruction (the configuration) based on the state of the SCG (inactivated in this case); further, as indicated throughout, executing the mobility procedure may include initiating a random access (RA) procedure; for example, see [0116], which indicates “the terminal device 130 initiates RA to the target PScell”; see also [0117] and [0126], for example; further, as indicated in [0119], this may include a reconfiguration with sync to the target PScell/SCG; all of these procedures result in a change of serving cell group (to the target PScell/SCG, for example) of the communication device); and applying the determined SCG state for power saving following execution of the mobility procedure (disclosed throughout; see [0114]-[0117], for example, which disclose various alternatives that “keep the SCG deactivated” or “sleep the PScell or the SCG” after the reconfiguration has been completed). Regarding claim 7: Wang discloses a method, performed by a target network node configured to control a target cell group (see target SN 120-2 in the Figures as described in [0083], for example) used by a communication device (see terminal 130 in the Figures and [0062]-[0063], for example) operating in dual connectivity with a master cell group, MCG, (see MCG 150 and associated network devices 110 the Figures and [0062]-[0063], for example) and a secondary cell group, SCG, (see SCG 160 and associated network devices 120 in the Figures and [0062]-[0063], for example) of a wireless communication network, the method comprising: determining a need of the communication device to perform a mobility procedure to the target cell group (disclosed throughout; disclosed throughout; the target network device 120-2 determines the need of the terminal to perform a mobility procedure when it receives message 202 (see Figures 2B and 2C, for example); as indicated in [0084] and [0089], for example, the message indicates to the target that the UE is to perform a mobility procedure (such as an addition or change to the PScell; see [0110]-[0111], for example)); determining an SCG state for power saving for the communication device (disclosed throughout; see [0085] and [0090], for example, which discloses that “the second network device 120-2 determines an activity state for the SCG”); preparing a message with an instruction for a communication device to perform the mobility procedure, wherein the mobility procedure comprises operations that result in a change of a serving cell group of the communication device (disclosed throughout; see [0085] and [0090], for example, which discloses that the target device 120-2 transmits a message 204 that indicates the mobility procedure (such as an addition or change to the PScell; see [0110]-[0111], for example) and “the determined current activity state for the SCG”; further, as indicated throughout, executing the mobility procedure may include initiating a random access (RA) procedure; for example, see [0116], which indicates “the terminal device 130 initiates RA to the target PScell”; see also [0117] and [0126], for example; further, as indicated in [0119], this may include a reconfiguration with sync to the target PScell/SCG; all of these procedures result in a change of serving cell group (to the target PScell/SCG, for example) of the communication device); and transmitting the message to a source network node (disclosed throughout; see message [0085] and [0090], for example, which disclose that the target node transmits the message 204 to a source node). Regarding claim 15: Wang discloses a method, performed by a master node, MN, controlling a master cell group, MCG, of a wireless communication network (see MCG 150 and associated network devices 110 the Figures and [0062]-[0063], for example), the MN configured to communicate with a communication device (see terminal 130 in the Figures and [0062]-[0063], for example) operating in dual connectivity with the MCG and with a secondary cell group, SCG (see SCG 160 and associated network devices 120 in the Figures and [0062]-[0063], for example), of a wireless communication network, the method comprising: determining a need for the communication device to perform a mobility procedure concerning the SCG, wherein the mobility procedure comprises operations that result in a change of a serving cell group of the communication device (disclosed throughout; see Figures 2B and 2C, for example; the MN 110 determines a need for an SN change (mobility procedure for the terminal device); the MN determines the need for this mobility procedure prior to transmitting message 202; as indicated in [0083], this is either initiated by the MN or an SN; further, as indicated throughout, executing the mobility procedure may include initiating a random access (RA) procedure; for example, see [0116], which indicates “the terminal device 130 initiates RA to the target PScell”; see also [0117] and [0126], for example; further, as indicated in [0119], this may include a reconfiguration with sync to the target PScell/SCG; all of these procedures result in a change of serving cell group (to the target PScell/SCG, for example) of the communication device); receiving a message from a target secondary node with an instruction for the communication device to perform the mobility procedure (disclosed throughout; see [0085] and [0090], for example, which discloses that the target device 120-2 transmits a message 204 to MN 110 that indicates the mobility procedure (such as an addition or change to the PScell; see [0110]-[0111], for example) and “the determined current activity state for the SCG”); transmitting the message to the communication device (disclosed throughout; see the RRCreconfiguration message transmitted in 246 of Figure 2B and 264 of Figure 2C); determining an SCG state for power saving for the communication device (disclosed throughout; see [0085] and [0090], for example, which indicate that the MN (network device 110) determines the SCG state at least from the received message 204); and applying the determined SCG state (disclosed throughout; see [0069], for example, which indicates that “The MN needs to aware the actual/current activity state of the SCG, such that the MN may perform reasonable subsequent processing based on the actual/current activity state of the SCG”; see also [0080], for example, which indicates “Based on the actual/current state (activation/deactivation) of the SCG, the first network device 110 may perform reasonable subsequent processing based on the actual activity state of the SCG”). Regarding claim 24: Wang discloses a method, performed by a secondary node, SN, controlling a secondary cell group, SCG, (see SCG 160 and associated network devices 120 in the Figures and [0062]-[0063], for example) of a wireless communication network, the SN configured to communicate with a communication device (see terminal 130 in the Figures and [0062]-[0063], for example) operating in dual connectivity with the SCG and a master cell group, MCG, (see MCG 150 and associated network devices 110 the Figures and [0062]-[0063], for example) of a wireless communication network, the method comprising: determining an SCG state for power saving for the communication device in connection with a mobility procedure involving the communication device, wherein the mobility procedure comprises operations that result in a change of a serving cell group of the communication device (disclosed throughout; see [0076], for example, which indicates that the secondary node 120 may determine the SCG state; this is in response to message 202 and is thus in connection with a mobility procedure involving the terminal (communication device); further, as indicated throughout, executing the mobility procedure may include initiating a random access (RA) procedure; for example, see [0116], which indicates “the terminal device 130 initiates RA to the target PScell”; see also [0117] and [0126], for example; further, as indicated in [0119], this may include a reconfiguration with sync to the target PScell/SCG; all of these procedures result in a change of serving cell group (to the target PScell/SCG, for example) of the communication device); and applying the determined SCG state for power saving for the communication device (disclosed throughout; for example, consider [0059], for example, which indicates that this activity state is the “current activity state” or “actual activity state” and thus the secondary node is applying this determined SCG state). Regarding claim 2: Wang discloses the limitation that wherein executing the mobility procedure comprises at least one of detaching from a source cell group, synchronizing with a target cell group, or performing a random access procedure to a target cell (as indicated throughout, executing the mobility procedure may include initiating a random access (RA) procedure; for example, see [0116], which indicates “the terminal device 130 initiates RA to the target PScell”; see also [0117] and [0126], for example; further, as indicated in [0119], this may include a reconfiguration with sync to the target PScell/SCG; all of these procedures result in a change of serving cell group (to the target PScell/SCG, for example) of the communication device). Regarding claim 3: Wang discloses the limitation that in response to determining that the SCG state for power saving is an SCG activated state, the communication device performs a random access to a target cell (disclosed throughout; see [0130], for example, which indicates two different behaviors related to performing random access to a target cell; in the first case, Wang states that the terminal device will “initiate RA procedure to the target Pscell” (where RA is an acronym for “random access” as indicated in [0058]); in the second case, Wang states “However, if the SCG is deactivated, SRB3 and RA to the SN is not allowed”; this clearly indicates that the first case is for when the SCG is activated). Regarding claim 6: Wang discloses the limitation that determining the SCG state is based on an SCG state indication message from a network node of the wireless communication network, the message comprising an instruction to perform a mobility procedure (disclosed throughout; see [0111], for example, which discloses that the terminal determines the SCG state based on an indication in a message (that the SCG is deactivated or activated); further, this message indicates a mobility procedure such as the addition or change of a PScell as indicated in [0110]). Regarding claim 8: Wang discloses the limitation that the message comprises an indication of the SCG state for power saving (disclosed throughout; see [0085] and [0090], for example, which discloses that the target device 120-2 transmits a message 204 that indicates the mobility procedure (such as an addition or change to the PScell; see [0110]-[0111], for example) and “the determined current activity state for the SCG”). Regarding claim 9: Wang discloses the limitation that determining the need to perform the mobility procedure to the target cell group comprises determining the need to perform the mobility procedure to the target cell group based on the source network node initiating a mobility preparation procedure (disclosed throughout; see Figures 2B and 2C, for example, which disclose the mobility preparation procedure is initiated by a source node (either node 110 or node 120-1)). Regarding claim 14: Wang discloses the limitation that the message to the source network node comprises an indication of the SCG state for power saving in one of a field or an information element of the message (disclosed throughout; first, note that, as explained in the rejection under 35 U.S.C. 112 above, the message is interpreted to be the message from claim 7; further, as indicated in [0085] and [0090], the SCG state information is included in an “indication” in the message, which is interpreted to be at least a field of the message; see also [0074] and [0079], which disclose that “the first information about a first activity state for the SCG may be represented in any suitable manner, such as, indication, field, header and so on”). Regarding claim 16: Wang discloses the limitation that the mobility procedure comprises SCG mobility from a source SCG controlled by a source secondary node, SN, to a target SCG controlled by a target secondary node, SN (disclosed throughout; as indicated in [0110], for example, the mobility may include a change of a PScell, which changes an SCG from an SCG controlled by a source PScell to an SCG controlled by a target PScell). Regarding claim 18: Wang discloses the limitation that determining the need for the communication device to perform the mobility procedure comprises determining the need for the communication device to perform the mobility procedure concerning the SCG when a third node triggers the mobility procedure (disclosed throughout; see the example in Figure 2C, where the mobility procedure is triggered by a third node (the network device 120-1)). Regarding claim 19: Wang discloses the limitation that the third node comprises a secondary node (disclosed throughout; the network device 120-1 is a secondary node as indicated in [0083], for example). Regarding claim 20: Wang discloses the limitation that the message comprises a Radio Resource Control, RRC, message (disclosed throughout; see [0110]-[0111], for example, which discloses that the message may be an RRC reconfiguration message). Regarding claim 22: Wang discloses the limitation that determining the SCG state for power saving for the communication device comprises determining an SCG activated state for the communication device in response to one of reception of a message from the communication device during the mobility procedure or an indication that the mobility procedure was initiated by one of the master node or the secondary node (disclosed throughout; see [0085] and [0090], for example, which indicate that the MN (network device 110) determines the SCG state at least from the received message 204; further, as indicated in [0059], for example, these messages may indicate an activated state (“the network devices (such as, a MN and a SN) may exchange activity state (such as, activation or deactivation) information”)). Regarding claim 23: Wang discloses the limitation that the indication is received from a target network node during the mobility procedure (disclosed throughout; see Figures 2B and 2C, which indicate that the message 204 is received from a secondary target node). Regarding claim 25: Wang discloses the limitation that the mobility procedure involving the communication device is concerning the MCG, the method further comprising: receiving a message from a network node during the mobility procedure involving the communication device (disclosed throughout; as indicated in Figures 2A-2C, the mobility procedure (which includes the exchange of messages 202, 204, etc., concerns the MCG as the MCG transmits, receives, and processes some of these messages; further, as indicated in Figures 2A-2C, the secondary node receives a message (such as message 202) during the mobility procedure). Regarding claim 26: Wang discloses the limitation that determining the SCG state for power saving comprises determining the SCG state for power saving in response to receiving the message from the network node during the mobility procedure involving the communication device (disclosed throughout; see [0076], for example, which indicates that the secondary node 120 may determine the SCG state; this is in response to message 202 and is thus in connection with a mobility procedure involving the terminal (communication device)). Regarding claim 27: Wang discloses the limitation that the network node comprises one of a source master node, MN, or a target MN (disclosed throughout; see Figures 2A-2C and [0083], for example; the network node is device 110, which is a master node and thus one of a source MN or target MN). Regarding claim 29: Wang discloses the limitation that the message includes an indication of a SCG power state for power saving (disclosed throughout; see [0084], for example, which indicates that “the request may comprise first information about a first activity state for the SCG”). Regarding claim 30: Wang discloses the limitation that determining the SCG state for power saving comprises determining the SCG state based on the indication of the message (disclosed throughout; see [0085], for example, which discloses that the secondary node determines the state of the SCG in response to receiving the message 202 and thus determines this state based on the message). Regarding claim 31: Wang discloses the limitation that determining the SCG state for power saving comprises determining an SCG activated state (disclosed throughout; see [0059], for example, which indicates that the state may be an activated state (“the network devices (such as, a MN and a SN) may exchange activity state (such as, activation or deactivation) information”)). Regarding claim 32: Wang discloses the limitation of receiving a message from the communication device indicating the communication device performs random access to the SN (disclosed throughout; see [0130], for example, which indicates that the terminal device will “initiate RA procedure to the target Pscell” (where RA is an acronym for “random access” as indicated in [0058])). Regarding claim 33: Wang discloses the limitation that determining the SCG state for power saving comprises determining the SCG state to be an SCG activated state based on the message from the communication device indicating the communication device performs random access to the SN (disclosed throughout; see [0130], for example, which indicates two different behaviors related to performing random access to a target cell; in the first case, Wang states that the terminal device will “initiate RA procedure to the target Pscell” (where RA is an acronym for “random access” as indicated in [0058]); in the second case, Wang states “However, if the SCG is deactivated, SRB3 and RA to the SN is not allowed”; this clearly indicates that the first case is for when the SCG is activated). 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. 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 17 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (US 2023/0232494) in view of Chang et al (US 2023/0362774). Regarding claim 17: Wang discloses the limitations of parent claim 15 as indicated above. Wang does not explicitly disclose the limitations of claim 17 that determining the need for the communication device to perform the mobility procedure comprises determining the need for the communication device to perform the mobility procedure concerning the SCG based on measurement reports received from the communication device. However, Chang discloses that a reconfiguration or handover is triggered based on a measurement report (see [0029] and [0034], for example). As noted above, the mobility procedure may be a reconfiguration of the PScell. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Wang to explicitly disclose the need for the mobility procedure/reconfiguration to be triggered in part based on a measurement report. The rationale for doing so would have been to ensure that the network properly handing over the terminal by utilizing measurement reports to determine the need for reconfiguration/handover as is known in the art. Regarding claim 28: Wang discloses the limitations of parent claim 24 as indicated above. Wang does not explicitly disclose the limitations of claim 28 that the mobility procedure comprises MCG mobility from a source MCG controlled by a source master node, MN, to a target MCG controlled by a target master node, MN. However, Chang discloses a similar wireless system which includes mobility procedures (such as a handover or cell change) from a source master cell group (MCG) to a target MCG (see [0026], for example) in addition or instead of a secondary cell group handover. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Wang to also perform a mobility procedure comprising MCG mobility from a source MCG to a target MCG as suggested by Chang. The rationale for doing so would have been to prevent or recover from radio link failures on any type of radio link from the terminal to the network as suggested by Chang. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert C Scheibel whose telephone number is (571)272-3169. 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, Hassan A Phillips can be reached at 571-272-3940. 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. Robert C. Scheibel Primary Examiner Art Unit 2467 /Robert C Scheibel/Primary Examiner, Art Unit 2467 March 4, 2026
Read full office action

Prosecution Timeline

Apr 17, 2023
Application Filed
Apr 17, 2023
Response after Non-Final Action
Jul 25, 2025
Non-Final Rejection — §102, §103, §112
Oct 24, 2025
Response Filed
Nov 14, 2025
Final Rejection — §102, §103, §112
Jan 16, 2026
Response after Non-Final Action
Feb 17, 2026
Request for Continued Examination
Feb 26, 2026
Response after Non-Final Action
Mar 04, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
81%
Grant Probability
96%
With Interview (+15.3%)
2y 10m
Median Time to Grant
High
PTA Risk
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