Prosecution Insights
Last updated: October 02, 2026
Application No. 18/092,138

WIRELESS COMMUNICATION METHOD, NETWORK NODE, AND DEVICE

Non-Final OA §103
Filed
Dec 30, 2022
Priority
Jul 10, 2020 — continuation of PCTCN2020101354
Examiner
BELETE, BERHANU D
Art Unit
2418
Tech Center
2400 — Computer Networks
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
3 (Non-Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
341 granted / 451 resolved
+17.6% vs TC avg
Strong +33% interview lift
Without
With
+32.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
16 currently pending
Career history
491
Total Applications
across all art units

Statute-Specific Performance

§101
7.1%
-32.9% vs TC avg
§103
71.7%
+31.7% vs TC avg
§102
9.4%
-30.6% vs TC avg
§112
9.8%
-30.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 451 resolved cases

Office Action

§103
DETAILED ACTION This office action response the Request for Continued Examination application on 4/27/2026. Claims 1, 4-6, 12, 18-20, 33, 36-38, 97, 121-125, and 127-128 are presented for examination. Notice of 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/27/2026 has been entered. Response to Amendment This communication is in response to the amendments filed on April 27, 2026 Claims 1, 33, and 97 have been amended. Claims 2-3, 7-11, 13-17, 21-32, 34-35, 39-96, 98-120, and 126 are cancelled, and Claim 1, 4-6, 12, 18-20, 33, 36-38, 97, 121-125, and 127-128 are currently pending and have been considered below. Response to Arguments Applicant’s arguments with respect to claims 1, 33, and 97 have been carefully considered but are moot in view of the new grounds of rejection necessitated by Applicant’s amendments. 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 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. Claims 1, 4-6, 12, 18-20, 33, 36-38, 97, and 121-125 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al (International Publication No. WO/2021/026930, corresponding US application (US 20220167449 A1), hereinafter "D1''), in view of LIN et al. (US 20170223766), (“D2” hereinafter). As per Claim 1, D1 discloses a wireless communication method, comprising: sending, by master node (MN) ([see, [0006], and page 2, the first base station is a master node, the first access network node sends first indication information. In addition, the first access network node and the second access network node may be respectively a CU and a DU of the MN or the SN]), first indication information to a terminal device, wherein the first indication information is used for instructing to deactivate a secondary cell group (SCG) ([see, [0006], international translation [0007], the first access network node sends first indication information is used to indicate the second access network node to send an SCG deactivation command or an SCG activation command to a terminal]); wherein the method further comprises: acquiring, by MN, a state of data (i.e., SCG deactivation and activation operations) of a secondary node (SN) ([see, [0006], and page 2, on [0007, 0122], machine translation, the MN or the SN performs signaling interaction in a CU-DU architecture, to implement the SCG deactivation and activation operations]); wherein the state of the data of the SN comprises an active state and an inactive state ([see, [0006], and page 2, on [0007], machine translation, and [0128-0129], international translation [0129-0130], wherein the state of the data of the SCG, an active status and the deactivating of SCG data disclosed]); wherein the inactive state (deactivate state) comprises a bearer with service data arriving does not need to use a radio resource of the SCG ([see, [0046, 0129], international translation [0047, 0130], the deactivating the SCG includes at least one of the following operations: stopping data transmission on a secondary cell group radio link control bearer SCG RLC bearer]); and/or, wherein the active state (activation operations) comprises a bearer with service data arriving needs to use a radio resource of the SCG ([see, 0126], international translation [0119, 0127], wherein the data plane radio bearer may be independently served by the MN or the SN, the activating (active state) state of the SCG is recovering the suspended SCG configuration]); wherein the sending, by MN, the first indication information to the terminal device ([see, [0006, 0023], international translation [0007], the first access network node (i.e., MN) sends first indication information is used to indicate the second access network node to send an SCG deactivation command or an SCG activation command to a terminal]), comprises: in response to that the state of data of the SN is the inactive state ([in response to Fig. 9, S905, and page 35, [0148-0149], machine translation, SCG deactivation command]), sending, by MN, the first indication information to the terminal device ([see, [0147-0151], and page 35, [0148-0149, 0163], machine translation, wherein the MN DU sends a deactivated SCG command to the terminal, the first access network node (MN) determines to deactivate the SCG or activate the SCG, The first access network node (MN) sends first indication information to the terminal]), D1 doesn’t appear to explicitly disclose: wherein the first indication information is carried in a signaling radio bearer (SRB) 1. However, D2 discloses wherein the first indication information is carried in a signaling radio bearer (SRB) 1 ([see, [0155], indication information is used by the first anchor node to identify, according to the indication information and a RRC message is the RRC message carried by the SRB1]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide the RRC message includes an RRC message carried by a signaling radio bearer SRB1 results improve reliability communication between the UE is handed over from a cell to another cell (D2, [0004]). As per Claims 4, 36, D1 further disclose wherein the inactive state further comprises at least one of the following: no downlink data arrives at an SN terminated bearer; no downlink data arrives at the SN from a user plane function (UPF); for an MN terminated SCG bearer, no downlink data is transferred from the MN to the SN through an Xn interface and/or an X2 interface ([see, [0046, 0129], international translation [0009, 0047, 0130], the deactivating the SCG includes at least one of the following operations: stopping data transmission on a secondary cell group radio link control bearer SCG RLC bearer. In addition, on [0009], when the SN determines to deactivate the SCG or activates the SCG, the MN is notified, the MN can suspend/resume establishing the data transmission tunnel of the X2/Xn interface corresponding to the bearer of the SN]). As per Claims 5, 37, D1 further disclose wherein the active state further comprises at least one of the following: downlink data arrives at an SN terminated bearer; downlink data arrives at the SN from a user plane function (UPF); for an MN terminated SCG bearer, downlink data is transferred from the MN to the SN through an Xn interface and/or an X2 interface ([see, 0126], international translation [0119, 0127], wherein the data plane radio bearer may be independently served by the MN or the SN, the activating (active state) state of the SCG is recovering the suspended SCG configuration or a secondary node (SN) terminated bearer. In addition, on [0009], when the SN determines to deactivate the SCG or activates the SCG, the MN is notified, the MN can suspend/resume establishing the data transmission tunnel of the X2/Xn interface corresponding to the bearer of the SN]). As per Claims 6, 38, D1 further disclose wherein the radio resource of the SCG comprises at least one of the following: a physical layer resource; a radio link control (RLC) layer resource, a medium access control (MAC) layer resource and a physical layer resource; a Service Data Adaptation Protocol (SDAP) layer resource, a Packet Data Convergence Protocol (PDCP) layer resource, an RLC layer resource, an MAC layer resource and a physical layer resource ([see, 0026], international translation [0106], perform functions of a radio link control RLC protocol stack, a media access control MAC protocol stack, and a physical layer PHY protocol stack disclosed]). As per Claim 12, D1 and D2 disclose the method according to claim 1, and D1 further disclose wherein a state of a serving cell in the SCG is in at least one of the following: a deactivated state; an activated state or a deactivated state, and activated BWPs of all serving cells in the activated state in the SCG are dormant BWPs; an RRC connection between the terminal device and a secondary node is in the deactivated state, and an RRC connection between the terminal device and a master node is in a connected state ([see, [0128-0129], international translation [0129-0130], wherein the state of the data of the SCG, an active status and the deactivating of SCG data of the terminal disclosed]). As per Claim 18, D1 and D2 disclose the method according to claim 1, and D1 further discloses wherein the method further comprises: sending, by MN, configuration information for deactivating the SCG to the terminal device ([see, [0007, 0047], and international translation [0152-0155], wherein the first indication information is used to indicate the second access network node to send an SCG deactivation command or an SCG activation command to a terminal]). As per Claim 19, D1 and D2 disclose the method according to claim 1, and D1 further discloses wherein the method further comprises: sending, by the MN, first notification information to the SN, wherein the first notification information is used for notifying that the MN has instructed or is about to instruct the terminal device to deactivate the SCG ([see, [0007, 0047], and international translation [0152-0155], wherein the first indication information is used to indicate the second access network node to send an SCG deactivation command or an SCG activation command to a terminal]). As per Claim 20, D1 and D2 disclose the method according to claim 19, and D1 further discloses wherein the method further comprises: receiving, by the MN, information sent by the SN for determining a state of data of the SN ([see, [0023], international translation [0007], first indication information sent by a first access network node for a secondary cell group SCG deactivation command or an SCG activation command (state of data) to a terminal]). As per Claim 33, D1 discloses a terminal device wireless communication method, comprising: a processor and a memory, wherein the memory is configured to store a computer program ([see, international translation [0049], where the computer storage medium stores computer program code, and when the computer program code runs on a processor]), and the processor is configured to invoke and run the computer program stored in the memory to cause the terminal device to: in response to that a state of data of a secondary node (SN) is an inactive state ([in response to Fig. 9, S905, and page 35, [0148-0149], international translation, SCG deactivation command]), receive first indication information sent by a master node (MN) ([see, [0147-0151], and page 35, [0148-0149, 0163], international translation, wherein the MN DU sends a deactivated SCG command to the terminal, the first access network node (MN) determines to deactivate the SCG or activate the SCG, The first access network node (MN) sends first indication information to the terminal]), wherein the first indication information is used for instructing the terminal device to deactivate a secondary cell group (SCG) ([see, [0134], and Fig. 9:S902, first indication information is used to instruct the second access network node to send a deactivated SCG command or activate an SCG command to the terminal]); and deactivate the SCG based on the first indication information ([see, [0128-0129], international translation [0129-0130], wherein the state of the data of the SCG, deactivating of SCG data of the terminal disclosed]); wherein the state of the data of the SN comprises an active state and the inactive state ([see, [0128-0129], international translation [0129-0130], wherein the state of the data of the SCG, an active status and the deactivating of SCG data of the terminal disclosed]); wherein the inactive state (deactivate state) comprises a bearer with service data arriving does not need to use a radio resource of the SCG ([see, [0046, 0129], international translation [0047, 0130], the deactivating the SCG includes at least one of the following operations: stopping data transmission on a secondary cell group radio link control bearer SCG RLC bearer]); and/or, wherein the active state (activation operations) comprises a bearer with service data arriving needs to use a radio resource of the SCG ([see, 0126], international translation [0119, 0127], wherein the data plane radio bearer may be independently served by the MN or the SN, the activating (active state) state of the SCG is recovering the suspended SCG configuration]). D1 doesn’t appear to explicitly disclose: wherein the first indication information is carried in a signaling radio bearer (SRB) 1. However, D2 discloses wherein the first indication information is carried in a signaling radio bearer (SRB) 1 ([see, [0155], indication information is used by the first anchor node to identify, according to the indication information and a RRC message is the RRC message carried by the SRB1]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide the RRC message includes an RRC message carried by a signaling radio bearer SRB1 results improve reliability communication between the UE is handed over from a cell to another cell (D2, [0004]). As per Claim 97, D1 discloses a network node, comprising: a processor and a memory, wherein the memory is configured to store a computer program ([see, [0050], international translation [0049], apparatus includes a processor, and may further include a transceiver and a memory]), and the processor is configured to invoke and run the computer program stored in the memory to cause the network node to: send first indication information to a terminal device ([see, [0006], and page 2, the first base station is a master node, the first access network node sends first indication information. In addition, the first access network node and the second access network node may be respectively a CU and a DU of the MN or the SN]), wherein the first indication information is used for instructing to deactivate a secondary cell group (SCG) ([see, [0006], international translation [0007], the first access network node sends first indication information is used to indicate the second access network node to send an SCG deactivation command or an SCG activation command to a terminal]); wherein the processor is further configured to cause the network node to: acquire a state of data (i.e., SCG deactivation and activation operations) of a secondary node (SN) ([see, [0006], and page 2, on [0007], machine translation, the MN or the SN performs signaling interaction in a CU-DU architecture, to implement the SCG deactivation and activation operations]); wherein the state of the data of the SN comprises an active state and an inactive state ([see, [0006], and page 2, on [0007], machine translation, and [0128-0129], international translation [0129-0130], wherein the state of the data of the SCG, an active status and the deactivating of SCG data disclosed]); wherein the inactive state (deactivate state) comprises a bearer with service data arriving does not need to use a radio resource of the SCG ([see, [0046, 0129], international translation [0047, 0130], the deactivating the SCG includes at least one of the following operations: stopping data transmission on a secondary cell group radio link control bearer SCG RLC bearer]); and/or, wherein the active state (activation operations) comprises a bearer with service data arriving needs to use a radio resource of the SCG ([see, 0126], international translation [0119, 0127], wherein the data plane radio bearer may be independently served by the MN or the SN, the activating (active state) state of the SCG is recovering the suspended SCG configuration]); wherein the send the first indication information to the terminal device ([see, [0006], international translation [0007], the first access network node (i.e., MN) sends first indication information is used to indicate the second access network node to send an SCG deactivation command or an SCG activation command to a terminal]), comprises: in response to that the state of data of the SN is the inactive state ([in response to Fig. 9, S905, and page 35, [0148-0149], machine translation, SCG deactivation command]), send the first indication information to the terminal device ([see, [0147-0151], and page 35, [0148-0149, 0163], machine translation, wherein the MN DU sends a deactivated SCG command to the terminal, the first access network node (MN) determines to deactivate the SCG or activate the SCG, The first access network node (MN) sends first indication information to the terminal]), D1 doesn’t appear to explicitly disclose: wherein the first indication information is carried in a signaling radio bearer (SRB) 1. However, D2 discloses wherein the first indication information is carried in a signaling radio bearer (SRB) 1 ([see, [0155], indication information is used by the first anchor node to identify, according to the indication information and a RRC message is the RRC message carried by the SRB1]). In view of the above, having the system of D1 and then given the well-established teaching of D2, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D2. The motivation for doing so would have been to provide the RRC message includes an RRC message carried by a signaling radio bearer SRB1 results improve reliability communication between the UE is handed over from a cell to another cell (D2, [0004]). As per Claim 121, D1 and D2 disclose the method according to claim 1, and D1 further disclose wherein a bearer of the terminal device is in: for a SN terminated split bearer or an MN terminated split bearer, a branch of the SCG is deactivated and a branch of the MN is a main branch ([see, [0023], international translation [0007], first indication information sent by a first access network node for a secondary cell group SCG deactivation command or an SCG activation command to a terminal]). As per Claim 122, D1 and D2 disclose the network node according to claim 97, and D1 further discloses wherein the inactive state further comprises at least one of the following: no downlink data arrives at an SN terminated bearer; no downlink data arrives at the SN from a user plane function (UPF); for a master node (MN) terminated SCG bearer, no downlink data is transferred from the MN to the SN through an Xn interface and/or an X2 interface ([see, [0046, 0129], international translation [0047, 0130], the deactivating the SCG includes at least one of the following operations: stopping data transmission on a secondary cell group radio link control bearer SCG RLC bearer. In addition, on [0009], when the SN determines to deactivate the SCG or activates the SCG, the MN is notified, the MN can suspend/resume establishing the data transmission tunnel of the X2/Xn interface corresponding to the bearer of the SN]). As per Claim 123, D1 and D2 disclose the network node according to claim 97, and D1 further discloses wherein the active state further comprises at least one of the following: downlink data arrives at ([see, [0046, 0129], international translation [0047, 0130], the deactivating the SCG includes at least one of the following operations: stopping data transmission on a secondary cell group radio link control bearer SCG RLC bearer. In addition, on [0009], when the SN determines to deactivate the SCG or activates the SCG, the MN is notified, the MN can suspend/resume establishing the data transmission tunnel of the X2/Xn interface corresponding to the bearer of the SN]). As per Claim 124, D1 and D2 disclose the network node according to claim 97, and D1 further disclose wherein the radio resource of the SCG comprises at least one of the following: a physical layer resource; a radio link control (RLC) layer resource, a medium access control (MAC) layer resource and a physical layer resource; a Service Data Adaptation Protocol (SDAP) layer resource, a Packet Data Convergence Protocol (PDCP) layer resource, an RLC layer resource, an MAC layer resource and a physical layer resource ([see, 0026], international translation [0106], perform functions of a radio link control RLC protocol stack, a media access control MAC protocol stack, and a physical layer PHY protocol stack disclosed]). As per Claim 125, D1 and D2 disclose the network node according to claim 97, and D1 further disclose wherein a state of a serving cell in the SCG is in at least one of the following: a deactivated state; an activated state or a deactivated state, and activated BWPs of all serving cells in the activated state in the SCG are dormant BWPs; an RRC connection between the terminal device and the SN is in the deactivated state, and an RRC connection between the terminal device and a master node is in a connected state ([see, [0128-0129], international translation [0129-0130], wherein the state of the data of the SCG, an active status and the deactivating of SCG data of the terminal disclosed]). Claims 127-128 are rejected under 35 U.S.C. 103 as being unpatentable over D1, in view of D2, and further in view of Wang et al (International Publication No. 2021026906 A1, corresponding US application (US 20220167445 A1), hereinafter "D3''). As per Claim 127, D1 and D2 disclose the terminal device according to claim 33, and D1 doesn’t appear explicitly disclose: wherein a state of a serving cell in the SCG is in at least one of the following: a deactivated state; an activated state or a deactivated state, and activated BWPs of all serving cells in the activated state in the SCG are dormant BWPs; an RRC connection between the terminal device and a secondary node is in the deactivated state, and an RRC connection between the terminal device and a master node is in a connected state. However, D3 discloses wherein a state of a serving cell ([see, [0020], primary secondary cell as a serving cell) in the SCG ([see, [0101], The PSCell is a cell, among cells in the SCG), is in at least one of the following: a deactivated state ([see, [0118], where the deactivation indication is used to indicate that a PSCell in an SCG is in a deactivated state]); an activated state or a deactivated state, and activated BWPs of all serving cells in the activated state in the SCG are dormant BWPs; an RRC connection between the terminal device and a secondary node is in the deactivated state, and an RRC connection between the terminal device and a master node is in a connected state. In view of the above, having the system of D1 and then given the well-established teaching of D3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D3. The motivation for doing so would have been to provide enable a terminal to obtain transmission resources from both a master node (master node, MN) and a secondary node (secondary node, SN) that are located on a network side results improving radio resource utilization and increasing a transmission rate (D3, [0003]). As per Claim 128, D1 and D2 disclose the network node according to claim 97, and D1 doesn’t appear explicitly disclose: wherein the processor is further configured to cause the network node to: send configuration information for deactivating the SCG to the terminal device. However, D3 discloses wherein the processor is further configured to cause the network node to: send configuration information for deactivating the SCG to the terminal device ([see, [0193], determines to deactivate the SCG, the MN learns that the SCG is to be deactivated, and the MN sends configuration information to the terminal]). In view of the above, having the system of D1 and then given the well-established teaching of D3, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the system of D1 as taught by D3. The motivation for doing so would have been to provide enable a terminal to obtain transmission resources from both a master node (master node, MN) and a secondary node (secondary node, SN) that are located on a network side results improving radio resource utilization and increasing a transmission rate (D3, [0003]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERHANU D BELETE whose telephone number is (571)272-3478. The examiner can normally be reached on Monday-Friday 7:30am-5pm, Alt. Friday, and EDT. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEONG, MOO R. can be reached on (571) 272-9617. 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. /BERHANU D BELETE/Examiner, Art Unit 2468 /WUTCHUNG CHU/Primary Examiner, Art Unit 2418
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Prosecution Timeline

Dec 30, 2022
Application Filed
Aug 06, 2025
Non-Final Rejection mailed — §103
Nov 05, 2025
Response Filed
Feb 04, 2026
Final Rejection mailed — §103
Apr 03, 2026
Response after Non-Final Action
Apr 27, 2026
Request for Continued Examination
May 02, 2026
Response after Non-Final Action
Sep 23, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+32.6%)
3y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
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