Prosecution Insights
Last updated: October 01, 2026
Application No. 18/078,908

BEAM FAILURE RECOVERY IN A CELL THAT INCLUDES MULTIPLE TRANSMISSION AND RECEPTION POINTS

Non-Final OA §103
Filed
Dec 09, 2022
Priority
Jan 05, 2022 — provisional 63/296,758
Examiner
NGUYEN, THUONG
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Apple Inc.
OA Round
3 (Non-Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
457 granted / 669 resolved
+10.3% vs TC avg
Strong +32% interview lift
Without
With
+32.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
51 currently pending
Career history
727
Total Applications
across all art units

Statute-Specific Performance

§101
17.2%
-22.8% vs TC avg
§103
51.4%
+11.4% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 669 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 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. This action is responsive to the RCE filed on 5/4/26. Claim(s) 1-5, 7-27, 34-40 is/are presented for examination. Claim Objections Claim(s) 1-5, 7-27, 34-40 is/are unclear to the examiner; what does it mean by stating “processing downlink information that is received from the network after the first transmission and that indicates a second uplink grant for a second transmission to the network, wherein the second uplink grant is associated with the first transmission of the BFR MAC CE”? The claim languages are not very clear what kind of processing downlink information for? To indicate that what? What is a connection with the second uplink grant associated with first transmission of BFR MAC CE? What exactly the system wanted to detect? For what purpose? What is the claimed invention? Please clarify Claim(s) 1-5, 7-27, 34-40 is/are unclear to the examiner; what does it mean by stating “canceling, based on the downlink information, the BFR procedure”? The claim languages are not very clear about what exactly is “downlink information” to trigger the BFR procedure? Why? What for? Please clarify 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 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 of this title, 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. Claim(s) 1-5, 7-27, 34-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng, U.S. Pub/Patent No. US 2024/0276251 A1 in view of Zhou, U.S. Patent/Pub. No. US 2022/0104036 A1. As to claim 1, Zhen teaches a method implemented by processing circuitry of a user equipment (UE), the method comprising: detecting a first beam failure associated with a first transmission and reception point (TRP) of a cell that includes a plurality of TRPs (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP). When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. For an SpCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) and BFR is triggered, the BFR procedure may be performed via another TRP ( e.g., a second TRP) rather than using a RACH); determining whether a plurality of beam failures associated with the cell have been detected (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP). A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. For an SpCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) and BFR is triggered); initiating a beam failure recovery (BFR) procedure that includes at least one of a TRP BFR procedure or a cell BFR procedure (Zheng, figure 6); generating, for a first transmission to a network in association with a first uplink grant, a BFR media access control (MAC) control element (CE) associated with the first beam failure procedure (Zheng, page 6, paragraph 56; i.e., [0056] the truncated BFR MAC-CE. Otherwise, the MAC entity may trigger an SR for an SCell BFR for each SCell for which BFR has been triggered). But Zheng failed to teach the claim limitation wherein processing downlink information that is received from the network after the first transmission and that indicates a second uplink grant for a second transmission to the network, wherein the second uplink grant is associated with the first transmission of the BFR MAC CE; and canceling, based on the downlink information, the BFR procedure. However, Zhou teaches the limitation wherein processing downlink information that is received from the network after the first transmission and that indicates a second uplink grant for a second transmission to the network, wherein the second uplink grant is associated with the first transmission of the BFR MAC CE (Zhou, page 13, paragraph 111; i.e., [0111] one or more of a first uplink control resource associated with the first transmission-reception point or a second uplink control resource associated with the second transmission-reception point for transmission of a recovery request message, and transmit the recovery request message via the selected uplink control resource. The BFD/BFR module 409, with communications module 408, may transmit a beam failure recovery message to one of the multiple beam groups that indicates the failed beam and candidate replacement beams); and canceling, based on the downlink information, the BFR procedure (Zhou, page 18, paragraph 168; i.e., [0168] the UE may further cancel the triggering of the BFR (e.g., cancel all triggered BFRs) when a MAC Protocol Data Unit (PDU) is transmitted that includes the BFR MAC-CE). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Zheng to substitute transmission time interval from Zhou for scheduling operations from Zheng to provide a lower latency, a higher bandwidth or a higher throughput, and a higher reliability than LTE (Zhou, page 1, paragraph 4). As to claim 2, Zheng-Zhou teaches the method as recited in claim 1, wherein the cell is a special cell (SpCell) that includes a primary cell (PCell) or a primary secondary cell group cell (PSCell), and wherein the cell BFR procedure is performed upon determining that the plurality of beam failures are detected and upon determining that the TRP BFR procedure can be supported by the UE and has been initiated in association with a second TRP but has not been completed yet (Zheng, page 6, paragraph 56-57; i.e., [0056] the MAC entity may instruct a multiplexing and assembly procedure to generate the BFR MAC-CE. Otherwise, when the uplink shared channel resources are available for the new transmission and the uplink SCH resources may accommodate a truncated BFR MAC-CE. [0057] A plurality of BFRs (e.g., all BFRs) triggered for an SCell may be canceled when a MAC protocol data unit (PDU) is transmitted, and the MAC PDU includes the BFR MAC-CE ( or the truncated BFR MAC-CE), which may contain beam failure information of the SCell). As to claim 3, Zheng-Zhou teaches the method as recited in claim 1, wherein the TRP BFR procedure is configured for the UE based on configuration information, wherein the configuration information includes BFR special request (BFR-SR) resource on a physical uplink control channel (PUCCH) (Zheng, page 6, paragraph 51, 56-57; i.e., [0051] means for detecting a beam failure at a second TRP associated with the serving cell or another serving cell; and/or means for transmitting, to the base station, the SR via a second SR PUCCH resource with a spatial relation configured for the SR; [0056] When the BFR procedure determines that at least one BFR has been triggered and not canceled for an SCell for which an evaluation of candidate beams has been completed, to generate the BFR MAC-CE. [0057] A plurality of BFRs (e.g., all BFRs) triggered for an SCell may be canceled when a MAC protocol data unit (PDU) is transmitted, and the MAC PDU includes the BFR MAC-CE ( or the truncated BFR MAC-CE), which may contain beam failure information of the SCell). As to claim 4, Zheng-Zhou teaches the method as recited in claim 1, wherein the cell is a special cell (SpCell) that includes a primary cell (PCell) or a primary secondary cell group cell (PSCell), and wherein the cell BFR procedure is performed upon determining that only one beam failure is detected and determining that no TRP BFR procedure can be supported by the UE (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) of one SCell, an SCell BFR procedure, where the workable TRP may be a non-failed TRP with a workable PUCCH resource. When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. For an SpCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) and BFR is triggered). As to claim 5, Zheng-Zhou teaches the method as recited in claim 1, wherein the cell is a special cell (SpCell) that includes a primary cell (PCell) or a primary secondary cell group cell (PSCell), and wherein the cell BFR procedure is performed upon determining that a second beam failure associated with a second TRP of the cell is detected and upon determining that the TRP BFR procedure can be supported by the UE based on configuration information associated with the second TRP and not the first TRP (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) of one SCell, an SCell BFR procedure may be employed. When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP indexFor an SpCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) and BFR is triggered). As to claim 7, Zheng-Zhou teaches the method as recited in claim 1, wherein determining, after the cell BFR procedure is initiated, an opportunity to send first BFR information associated with the first beam failure to a network (Zheng, page 6, paragraph 56-57; i.e., [0056] When the BFR procedure determines that at least one BFR has been triggered and not canceled for an SCell for which an evaluation of candidate beams has been completed, to generate the BFR MAC-CE). But Zheng failed to teach the claim limitation wherein network, wherein the cell BFR procedure is canceled further based on the opportunity. However, Zhou teaches the limitation wherein network, wherein the cell BFR procedure is canceled further based on the opportunity (Zhou, page 18, paragraph 168; i.e., [0168] the UE may further cancel the triggering of the BFR (e.g., cancel all triggered BFRs) when a MAC Protocol Data Unit (PDU) is transmitted that includes the BFR MAC-CE). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Zheng to substitute transmission time interval from Zhou for scheduling operations from Zheng to provide a lower latency, a higher bandwidth or a higher throughput, and a higher reliability than LTE (Zhou, page 1, paragraph 4). As to claim 8, Zheng-Zhou teaches the method as recited in claim 7, further comprising: initiating the TRP BFR procedure for a second beam failure associated with a second TRP of the cell (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) of one SCell, an SCell BFR procedure may be employed. When the beam failure is detected in the first TRP. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index); processing the first uplink grant based on the TRP BFR procedure (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) of one SCell, an SCell BFR procedure to request an uplink grant, where the workable TRP may be a non-failed TRP with a workable PUCCH resource); and wherein the BFR MAC CE is generated based on the first uplink grant, and wherein the opportunity includes the sending of the BFR MAC CE (Zheng, page 7, paragraph 66; i.e., [0066] When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. Transmitted via a granted uplink resource). As to claim 9, Zheng-Zhou teaches the method as recited in claim 8, wherein the first uplink grant is received after the cell BFR procedure is initiated and before the BFR MAC CE is sent, wherein the BFR MAC CE includes the first BFR information and second BFR information associated with the second beam failure (Zheng, page 7, paragraph 66; i.e., [0066] When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. Transmitted via a granted uplink resource). As to claim 10, Zheng-Zhou teaches the method as recited in claim 8, wherein generating another MAC CE that includes the first BFR information (Zheng, page 7, paragraph 66; i.e., [0066] When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. Transmitted via a granted uplink resource). As to claim 11, Zheng-Zhou teaches the method as recited in claim 7, wherein the BFR MAC CE includes the first BFR information, and wherein the opportunity includes the sending of the MAC CE (Zheng, page 7, paragraph 66; i.e., [0066] When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. Transmitted via a granted uplink resource). As to claim 12, Zheng-Zhou teaches the method as recited in claim 1, wherein prior to initiating the cell BFR procedure, initiating the TRP BFR procedure for a 3 second beam failure associated with a second TRP of the cell (Zheng, page 8, paragraph 84; i.e., [0084] The UE may receive, from the base station, an uplink grant prior to an expiry of the timer. The UE may transmit, to the base station via the uplink grant, a multi-TRP BFR MAC-CE or a truncated multi-TRP BFR MAC-CE that indicates a failed TRP index and a UE preferred new beam). But Zheng failed to teach the claim limitation wherein canceling the TRP BFR procedure based on the initiating of the cell BFR procedure. However, Zhou teaches the limitation wherein canceling the TRP BFR procedure based on the initiating of the cell BFR procedure (Zhou, page 13, paragraph 111; i.e., [0111] one or more of a first uplink control resource associated with the first transmission-reception point or a second uplink control resource associated with the second transmission-reception point. The BFD/BFR module 409, with communications module 408, may transmit a beam failure recovery message to one of the multiple beam groups that indicates the failed beam and candidate replacement beams); and canceling, based on the downlink information, the BFR procedure (Zhou, page 18, paragraph 168; i.e., [0168] the UE may further cancel the triggering of the BFR (e.g., cancel all triggered BFRs) when a MAC Protocol Data Unit (PDU) is transmitted that includes the BFR MAC-CE). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Zheng to substitute transmission time interval from Zhou for scheduling operations from Zheng to provide a lower latency, a higher bandwidth or a higher throughput, and a higher reliability than LTE (Zhou, page 1, paragraph 4). As to claim 13, Zheng-Zhou teaches the method as recited in claim 12, wherein the TRP BFR procedure includes receiving the first uplink grant and sending, based on the first uplink grant, BFR information associated with the first beam failure to the network, and wherein the TRP BFR procedure is canceled after the cell BFR procedure is initiated and before the BFR information is sent (Zheng, page 6, paragraph 56-57; i.e., [0056] When the BFR procedure determines that at least one BFR has been triggered and not canceled for an SCell for which an evaluation of candidate beams has been completed; [0057] A plurality of BFRs (e.g., all BFRs) triggered for an SCell may be canceled when a MAC protocol data unit (PDU) is transmitted, and the MAC PDU includes the BFR MAC-CE). As to claim 14, Zheng-Zhou teaches the method as recited in claim 12, wherein the TRP BFR procedure includes receiving the first uplink grant and sending, based on the first uplink grant, BFR information associated with the first beam failure to the network (Zheng, page 6, paragraph 56-57; i.e., [0056] Otherwise, the MAC entity may trigger an SR for an SCell BFR for each SCell for which BFR has been triggered, not canceled; [0057] A plurality of BFRs (e.g., all BFRs) triggered for an SCell may be canceled when a MAC protocol data unit (PDU) is transmitted, and the MAC PDU includes the BFR MAC-CE ( or the truncated BFR MAC-CE), which may contain beam failure information of the SCell). But Zheng failed to teach the claim limitation wherein the TRP BFR procedure is canceled after the cell BFR procedure is initiated and after the BFR information is sent. However, Zhou teaches the limitation wherein the TRP BFR procedure is canceled after the cell BFR procedure is initiated and after the BFR information is sent (Zhou, page 18, paragraph 168; i.e., [0168] the UE may further cancel the triggering of the BFR (e.g., cancel all triggered BFRs) when a MAC Protocol Data Unit (PDU) is transmitted that includes the BFR MAC-CE). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Zheng to substitute transmission time interval from Zhou for scheduling operations from Zheng to provide a lower latency, a higher bandwidth or a higher throughput, and a higher reliability than LTE (Zhou, page 1, paragraph 4). As to claim 15, Zheng-Zhou teaches the method as recited in claim 1. further comprising: prior to initiating the cell BFR procedure, initiating the TRP BFR procedure for a second beam failure associated with a second TRP of the cell (Zheng, page 8, paragraph 84; i.e., [0084] The UE may receive, from the base station, an uplink grant prior to an expiry of the timer. The UE may transmit, to the base station via the uplink grant, a multi-TRP BFR MAC-CE or a truncated multi-TRP BFR MAC-CE that indicates a failed TRP index and a UE preferred new beam); generating, based on the TRP BFR procedure, second BFR information associated with the second beam failure for transmission to the network (Zheng, page 7, paragraph 66; i.e., [0066] A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. An indication of a VE-preferred new beam (when detected) may be transmitted via a granted uplink resource. For an SpCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) and BFR is triggered); and generating, based on the cell BFR procedure, first BFR information associated with the first beam failure for transmission to the network (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) of one SCell, an SCell BFR procedure may be employed). As to claim 16, Zheng-Zhou teaches the method as recited in claim 15, wherein the first BFR information is sent in a message of the cell BFR procedure, and wherein the message indicates that the second BFR information has been previously sent (Zheng, page 6, paragraph 56-57; i.e., [0056] When the BFR procedure determines that at least one BFR has been triggered and not canceled for an SCell for which an evaluation of candidate beams has been completed). As to claim 17, Zheng-Zhou teaches the method as recited in claim 1, further comprising: prior to initiating the cell BFR procedure, initiating the TRP BFR procedure for a second beam failure associated with a second TRP of the cell (Zheng, page 8, paragraph 84; i.e., [0084] The UE may receive, from the base station, an uplink grant prior to an expiry of the timer. The UE may transmit, to the base station via the uplink grant, a multi-TRP BFR MAC-CE or a truncated multi-TRP BFR MAC-CE that indicates a failed TRP index and a UE preferred new beam); generating, for transmission to the network based on the cell BFR procedure, a truncated MAC CE that includes first BFR information associated with the first beam failure, wherein the BFR MAC CE includes the truncated MAC CE (Zheng, page 7, paragraph 66; i.e., [0066] When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. An indication of a VE-preferred new beam (when detected) may be transmitted via a granted uplink resource); processing, after the truncated MAC CE is sent, the uplink grant (Zheng, page 8, paragraph 84; i.e., [0084] The UE may receive, from the base station, an uplink grant prior to an expiry of the timer. The UE may transmit, to the base station via the uplink grant, a multi-TRP BFR MAC-CE or a truncated multi-TRP BFR MAC-CE that indicates a failed TRP index and a UE preferred new beam); and generating, based on the second uplink grant, at least a second portion of the second BFR information (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. An indication of a VE-preferred new beam (when detected) may be transmitted via a granted uplink resource. For an SpCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) and BFR is triggered, the BFR procedure may be performed via another TRP ( e.g., a second TRP)). As to claim 18, Zheng-Zhou teaches the method as recited in claim 1, further comprising: prior to initiating the cell BFR procedure, initiating the TRP BFR procedure for a second beam failure associated with a second TRP of the cell (Zheng, page 8, paragraph 84; i.e., [0084] The UE may receive, from the base station, an uplink grant prior to an expiry of the timer. The UE may transmit, to the base station via the uplink grant, a multi-TRP BFR MAC-CE or a truncated multi-TRP BFR MAC-CE that indicates a failed TRP index and a UE preferred new beam); and generating, for transmission to the network based on the cell BFR procedure, a message that includes first BFR information associated with the first beam failure and second BFR information with the second beam failure (Zheng, page 6, paragraph 56-57; i.e., [0056] When the BFR procedure determines that at least one BFR has been triggered and not canceled for an SCell for which an evaluation of candidate beams has been completed. [0057] A plurality of BFRs (e.g., all BFRs) triggered for an SCell may be canceled when a MAC protocol data unit (PDU) is transmitted, and the MAC PDU includes the BFR MAC-CE ( or the truncated BFR MAC-CE), which may contain beam failure information of the SCell). As to claim 19, Zheng-Zhou teaches the method as recited in claim 1, further comprising: prior to initiating the cell BFR procedure, initiating the TRP BFR procedure for a second beam failure associated with a second TRP of the cell, wherein the TRP BFR procedure includes sending second BFR information with the second beam failure to the network (Zheng, page 8, paragraph 84; i.e., [0084] The UE may receive, from the base station, an uplink grant prior to an expiry of the timer. The UE may transmit, to the base station via the uplink grant, a multi-TRP BFR MAC-CE or a truncated multi-TRP BFR MAC-CE that indicates a failed TRP index and a UE preferred new beam); selecting one of first BFR information or the second BFR information to send in a message associated with the cell BFR procedure, wherein the first BFR information is associated with the first beam failure (Zheng, page 8, paragraph 89; i.e., [0089] the UE may determine whether a beam failure is detected in a second TRP in the same and/or other SCells. When the beam failure is detected in the second TRP in the same and/or other SCells. SR and after the uplink grant is received, the VE may transmit a BFR for a multi-TRP MAC-CE ( or a truncated multi-TRP MAC-CE) including a failed TRP index and a VE-preferred new beam (when detected) via a granted uplink resource); and generating the message, wherein the message includes the selected one of the first BFR information or the second BFR information (Zheng, page 6, paragraph 56-57; i.e., [0056] Otherwise, the MAC entity may trigger an SR for an SCell BFR for each SCell for which BFR has been triggered, not canceled, and for which an evaluation of candidate beams has been completed). As to claim 21, Zheng-Zhou teaches the apparatus as recited in claim 20, wherein the cell is a secondary cell (SCell), and wherein the first TRP BFR procedure is used instead of the cell BFR procedure based on determining that the first TRP BFR can be supported by a user equipment (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) of one SCell, an SCell BFR procedure may be employed. When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR). As to claim 22, Zheng-Zhou teaches the apparatus as recited in claim 20, wherein the cell is a secondary cell (SCell), and wherein the cell BFR procedure is used instead of the first TRP BFR procedure based on determining that the first TRP BFR cannot be supported by a user equipment (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) of one SCell, an SCell BFR procedure may be employed. When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR). As to claim 23, Zheng-Zhou teaches the apparatus as recited in claim 20, wherein the cell is a secondary cell (SCell), wherein the TRP BFR procedure is used instead of the cell BFR procedure, and wherein the processing circuity is further configured to: detect a second beam failure associated with a second TRP of the cell (Zheng, page 7, paragraph 66; i.e., [0066] For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) of one SCell, an SCell BFR procedure may be employed. When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. For an SpCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) and BFR is triggered, the BFR procedure may be performed via another TRP ( e.g., a second TRP) rather than using a RACH); and initiate a second TRP BFR procedure to send, to the network, second BFR information associated with the second beam failure (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) of one SCell, an SCell BFR procedure may be employed. When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR). As to claim 24, Zheng-Zhou teaches the apparatus as recited in claim 23, wherein the first TRP procedure and the second TRP procedure are used separately to send first BFR information associated with the first beam failure and the second BFR information separately (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index). As to claim 25, Zheng-Zhou teaches the apparatus as recited in claim 23, wherein initiate the first TRP BFR procedure (Zheng, page 7, paragraph 66; i.e., [0066] A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. An indication of a VE-preferred new beam (when detected) may be transmitted via a granted uplink resource. For an SpCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) and BFR is triggered). But Zheng failed to teach the claim limitation wherein cancel, after the first TRP BFR procedure, the second TRP BFR procedure. However, Zhou teaches the limitation wherein cancel, after the first TRP BFR procedure, the second TRP BFR procedure (Zhou, page 18, paragraph 168; i.e., [0168] the UE may further cancel the triggering of the BFR (e.g., cancel all triggered BFRs) when a MAC Protocol Data Unit (PDU) is transmitted that includes the BFR MAC-CE). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Zheng to substitute transmission time interval from Zhou for scheduling operations from Zheng to provide a lower latency, a higher bandwidth or a higher throughput, and a higher reliability than LTE (Zhou, page 1, paragraph 4). As to claim 26, Zheng-Zhou teaches the apparatus as recited in claim 25, wherein the first BFR information and the second BFR information are sent using the first TRP BFR procedure (Zheng, page 8, paragraph 87; i.e., [0087] a UE (e.g., UE 120) may detect a beam failure in a first TRP, and an SR may be triggered via a PUCCH resource of a workable TRP, such as a second TRP. When the UE further detects the beam failure in the second TRP in the same and/or other SCells while no uplink grant is available, the UE may transmit the SR via a PUCCH resource with a spatial relation configured within the same SR). As to claim 27, Zheng-Zhou teaches the apparatus as recited in claim 26, wherein the first BFR information and the second BFR information are sent in a same MAC CE or separate MAC CEs (Zheng, page 7, paragraph 66; i.e., [0066] When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index). As to claim 34, Zheng-Zhou teaches the apparatus as recited in claim 20, wherein BFR MAC CE indicates the first BFR information associated with the first beam failure and second information about a second TRP of the cell (Zheng, page 7, paragraph 66; i.e., [0066] A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. An indication of a VE-preferred new beam (when detected) may be transmitted via a granted uplink resource. For an SpCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) and BFR is triggered). As to claim 35, Zheng-Zhou teaches the apparatus as recited in claim 34, wherein the BFR MAC CE includes a first field associated with the first TRP and a second field associated with the second TRP, wherein the first field indicates the first beam failure, and wherein the second field indicates whether a second beam failure associated with the second TRP is detected (Zheng, page 6, paragraph 56-57; i.e., [0056] When the BFR procedure determines that at least one BFR has been triggered and not canceled for an SCell for which an evaluation of candidate beams has been completed.. Otherwise, the MAC entity may trigger an SR for an SCell BFR for each SCell for which BFR has been triggered, not canceled, and for which an evaluation of candidate beams has been completed; [0057] A plurality of BFRs (e.g., all BFRs) triggered for an SCell may be canceled when a MAC protocol data unit (PDU) is transmitted, and the MAC PDU includes the BFR MAC-CE ( or the truncated BFR MAC-CE), which may contain beam failure information of the SCell). As to claim 36, Zheng-Zhou teaches the apparatus as recited in claim 34, wherein the BFR MAC CE is a truncated MAC CE that includes a first field associated with the first TRP and a second field that includes BFR information associated with the first beam failure (Zheng, page 7, paragraph 66; i.e., [0066] When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index. An indication of a VE-preferred new beam (when detected) may be transmitted via a granted uplink resource. For an SpCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) and BFR is triggered). As to claim 37, Zheng-Zhou teaches the apparatus as recited in claim 34, wherein the BFR MAC CE is a truncated MAC CE that includes a first field associated with the first TRP and a second field that excludes BFR information associated with the first beam failure (Zheng, page 7, paragraph 66; i.e., [0066] A BFR procedure may be employed in a multi-TRP operation. For an SCell BFR, when a beam failure is detected in one TRP ( e.g., a first TRP) of one SCell, an SCell BFR procedure may be employed. When the beam failure is detected in the first TRP, the UE may transmit the SR via the PUCCH resource with a spatial relation towards a second TRP for BFR. A multi-TRP BFR MAC-CE (or truncated multi-TRP BFR MAC-CE) may include a failed TRP index). As to claim 38, Zheng-Zhou teaches the apparatus as recited in claim 28, wherein the BFR MAC CE includes a first field indicating whether a plurality of beam failures are detected for the cell and a second field indicating a TRP index of the first TRP (Zheng, page 6, paragraph 56-57; i.e., [0056] Otherwise, when the uplink shared channel resources are available for the new transmission and the uplink SCH resources may accommodate a truncated BFR MAC-CE and assembly procedure to generate the truncated BFR MAC-CE; [0057] A plurality of BFRs (e.g., all BFRs) triggered for an SCell may be canceled when a MAC protocol data unit (PDU) is transmitted, and the MAC PDU includes the BFR MAC-CE ( or the truncated BFR MAC-CE), which may contain beam failure information of the SCell). As to claim 40, Zheng-Zhou teaches the method as recited in claim 1, wherein the BFR procedure is initiated based on no TRP BFR scheduling request being configured for the UE (Zheng, page 6, paragraph 56-57; i.e., [0056] the MAC entity may instruct a multiplexing and assembly procedure to generate the BFR MAC-CE. Otherwise, when the uplink shared channel resources are available for the new transmission and the uplink SCH resources may accommodate a truncated BFR MAC-CE. [0057] A plurality of BFRs (e.g., all BFRs) triggered for an SCell may be canceled when a MAC protocol data unit (PDU) is transmitted, and the MAC PDU includes the BFR MAC-CE ( or the truncated BFR MAC-CE)). Claim(s) 20 & 39 are directed to a apparatus and non-transitory computer readable medium claims and they do not teach or further define over the limitations recited in claim(s) 1. Therefore, claim(s) 20 & 39 are also rejected for similar reasons set forth in claim(s) 1. Response to Arguments Applicant’s arguments with respect to claim(s) 1-5, 7-27, 34-40 has/have been considered but are moot in view of the new ground(s) of rejection. Applicant’s arguments include the failure of previously applied art to expressly disclose “processing downlink information that is received from the network after the first transmission and that indicates a second uplink grant for a second transmission to the network, wherein the second uplink grant is associated with the first transmission of the BFR MAC CE” (see Applicant’s response, 5/4/26, page 9-10). It is evident from the detailed mappings found in the above rejection(s) that Zhou disclosed this functionality (see Zhou, page 13, paragraph 111). Further, it is clear from the numerous teachings (previously and currently cited) that the provision for “processing downlink information that is received from the network after the first transmission and that indicates a second uplink grant for a second transmission to the network, wherein the second uplink grant is associated with the first transmission of the BFR MAC CE” was widely implemented in the networking art. Thus, Applicant’s arguments drawn toward distinction of the claimed invention and the prior art teachings on this point are not considered persuasive. Listing of Relevant Arts Dong, U.S. Patent/Pub. No. US 20220123823 A1 discloses BFR is canceled upon occurrence of BFRQ MAC CE. Tsai, U.S. Patent/Pub. No. US 20210105176 A1 discloses cancel the BFR MAC CE. Contact Information The present application is being examined under the pre-AIA first to invent provisions. THUONG NGUYEN whose telephone number is (571)272-3864. The examiner can normally be reached on Monday-Friday 9:00-6:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THUONG NGUYEN/Primary Examiner, Art Unit 2416
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Prosecution Timeline

Show 1 earlier event
Aug 11, 2025
Non-Final Rejection mailed — §103
Oct 22, 2025
Applicant Interview (Telephonic)
Oct 22, 2025
Examiner Interview Summary
Nov 11, 2025
Response Filed
Feb 02, 2026
Final Rejection mailed — §103
May 04, 2026
Request for Continued Examination
May 12, 2026
Response after Non-Final Action
Sep 04, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+32.0%)
4y 0m (~3m remaining)
Median Time to Grant
High
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