Prosecution Insights
Last updated: August 16, 2026
Application No. 18/131,884

METHOD AND DEVICE IN NODES USED FOR WIRELESS COMMUNICATION

Non-Final OA §103
Filed
Apr 07, 2023
Priority
Oct 09, 2020 — CN 20201071794.2 +4 more
Examiner
KANG, SUK JIN
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Apogee Networks LLC
OA Round
3 (Non-Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
438 granted / 652 resolved
+9.2% vs TC avg
Moderate +7% lift
Without
With
+7.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
32 currently pending
Career history
709
Total Applications
across all art units

Statute-Specific Performance

§101
5.4%
-34.6% vs TC avg
§103
63.3%
+23.3% vs TC avg
§102
17.6%
-22.4% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 652 resolved cases

Office Action

§103
DETAILED ACTION Applicant’s amendment and arguments filed May 18, 2026 is acknowledged. Claims 1, 3, 5, 6, 8, 9, 11, 12, 14, 16, 18, and 19 have been amended. Claims 2 and 15 are cancelled. Claims 1, 3-14, and 16-20 are currently pending. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 18, 2026 has been entered. 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. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1, 3-14, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cirik et al. (hereinafter Cirik) (U.S. Patent Application Publication # 2024/0259257 A1) in view of Liu et al. (hereinafter Liu) (U.S. Patent Application Publication # 2022/0124867 A1), and further in view of Cirik et al. (hereinafter Cirik2) (U.S. Patent Application Publication # 2023/0217502 A1). Regarding claims 1 and 14, Cirik teaches and discloses a method and a first node (wireless device, figure 3) for wireless communications, comprising: a first receiver (communication interface(s), figure 3), receiving a first reference signal group; a first processor (processor, figure 3), operatively coupled to the first receiver, determining a first-type received quality group, the first-type received quality group comprising at least one first-type received quality ([0532]; [0596]; teaches the wireless device receives reference signals, RSs, of a cell from a base station and determines a received quality of the received RSs); the first processor (processor, figure 3), maintaining a second counter (BFI counter) according to the first-type received quality group ([0532]; [0596]; teaches the wireless device maintains a BFI counter according to the determined received quality of the RSs); and a first transmitter (communication interface(s), figure 3), operatively coupled to the first receiver and the first processor, transmitting a first random access channel (RACH) preamble; wherein the first RACH preamble is used for random access ([0310]; teaches the wireless device transmitting a first signal/Msg1 for random access comprising a random access preamble); the first RACH preamble indicates a first reference signal ([0313]; teaches the first signal/Msg1 indicates reference signals); the first reference signal is related to a value of a first counter (preamble transmission counter; [0397]) ([0397]; [0463]; [0521]; teaches the RSs are related to a preamble transmission counter); as a response to a first condition set being satisfied, the first RACH preamble is triggered; the first condition set includes one or more conditions, when each condition in the first condition set is satisfied, the first condition set is satisfied; the first condition set includes a first condition, the first condition including that a value of the second counter (BFI_COUNTER; [0379]) is no less than a second threshold (beamFailurelnstanceMaxCount; [0381]) ([0313]; [0379]; “…BFI_COUNTER may be a counter for a beam failure instance indication. The wireless device may set the BFI_COUNTER initially to a first value…”; [0381]; “…BFI_COUNTER may be equal to or greater than a threshold (e.g., the beamFailurelnstanceMaxCount). The wireless device may initiate/trigger the random-access procedure…initiate/trigger a random-access procedure…based on the BFI_COUNTER being equal to or greater than the beamFailurelnstanceMaxCount…”; [0526]; teaches in response to a condition being satisfied, such as the first counter (BFI counter) being no less than a threshold (beamFailureInstanceMaxCount), triggering a random access procedure by transmitting the first signal/Msg1). However, Cirik may not explicitly disclose a first reference signal associated with a first cell; the first reference signal is based on a physical cell identity (PCI) of the first cell. Nonetheless, in the same field of endeavor, Liu teaches and suggests a first reference signal associated with a first cell; the first reference signal is based on a physical cell identity (PCI) of the first cell ([0038]; [0065]; teaches the reference signal is associated with a first cell and further based on a cell identifier). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the reference signal is associated with a first cell and further based on a cell identifier as taught by Liu with the method and node for maintaining a BFI counter according to the determined received quality of the RSs as disclosed by Cirik for the purpose of providing a new solution for information transmission and reception, in which the RRC message is transmitted in response a RRC message request from a terminal device when the terminal device needs this message, as suggested by Liu. However, Cirik, as modified by Liu, may not explicitly disclose when the value of the first counter is no greater than a first threshold, the first reference signal belongs to a first reference signal subset; when the value of the first counter is greater than the first threshold, the first reference signal belongs to a second reference signal subset; the first reference signal subset includes at least one reference signal, while the second reference signal subset includes at least one reference signal, at least one reference signal in the second reference signal subset not belonging to the first reference signal subset, and associated with a second cell (although Cirik does teach that a first counter, transmission counter (PREAMBLE TRANSMISSION COUNTER) is compared to a threshold; [0397]; [0522]). Nonetheless, in the same field of endeavor, Cirik2 teaches and suggests when the value of the first counter (preamble transmission counter; [0238]) is no greater than a first threshold (preamble maximum transmission parameter; [0238]), the first reference signal belongs to a first reference signal subset ([0232]; “…a first RS from a plurality of RSs. The first RS may be a first SS/PBCH block and/or a first CSI-RS…”); when the value of the first counter (preamble transmission counter) is greater than the first threshold, the first reference signal belongs to a second reference signal subset ([0242]; “…a second RS from a plurality of RSs. The second RS may be a second SS/PBCH block and/or a second CSI-RS…”); the first reference signal subset includes at least one reference signal, while the second reference signal subset includes at least one reference signal, at least one reference signal in the second reference signal subset not belonging to the first reference signal subset, and associated with a second cell ([0238]; “…increment a preamble transmission counter variable (e.g., PREAMBLE_TRANSMISSION_COUNTER)…The preamble transmission counter variable may be equal to or greater than a preamble maximum transmission parameter (e.g., RRC parameter preambleTransMax)…”; [0239]; [0241]; “…preamble transmission counter variable may be less than the preamble maximum transmission parameter plus one (or any other value/quantity/number)…; [0242]; teaches when the preamble transmission counter is less than the maximum/threshold number the reference signal is of the first reference signal set, such as first SS/PBCH block/CSI-RS, and when the when the preamble transmission counter is greater than the maximum/threshold number the reference signal is of the second reference signal set, such as second SS/PBCH block/CSI-RS). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate when the preamble transmission counter is less than the maximum/threshold number the reference signal is of the first reference signal set, such as first SS/PBCH block/CSI-RS, and when the when the preamble transmission counter is greater than the maximum/threshold number the reference signal is of the second reference signal set, such as second SS/PBCH block/CSI-RS as taught by Cirik2 with the method and node for maintaining a BFI counter according to the determined received quality of the RSs as disclosed by Cirik, as modified by Liu, for the purpose of avoiding false alarm of random access problems and reduce latency and avoid misalignment between wireless device and the base station, as suggested by Cirik2. Regarding claims 3 and 16, Cirik, as modified by Liu and Cirik2, further teaches and suggests wherein as a response to the transmission of the first RACH preamble, the first receiver monitors a first signaling in a first time window; where time-domain resources occupied by the first RACH preamble are used to determine the first time window ([0309]; [0314]; [0397]; teaches a response time window). Regarding claims 4 and 17, Cirik teaches maintaining a BFI counter according to the determined received quality of the RSs, but may not explicitly disclose wherein the first processor maintains the first counter; where when the value of the first counter reaches a third threshold, indicating a random access problem to a higher layer, the third threshold being greater than the first threshold. Nonetheless, in the same field of endeavor, Cirik2 further teaches and suggests wherein the first processor maintains the first counter (preamble transmission counter); where when the value of the first counter reaches a third threshold (maximum transmission parameter), indicating a random access problem to a higher layer (upper layer, such as RRC), the third threshold being greater than the first threshold ([0239]; “…The wireless device may indicate/identify a problem of the random access procedure to one or more upper layers (e.g., RRC), for example, based on or in response to the preamble transmission counter variable being equal to or greater than the preamble maximum transmission parameter…”; teaches when the preamble transmission counter reaches a maximum/threshold indicating a random access problem to a higher layer). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate when the preamble transmission counter reaches a maximum/threshold indicating a random access problem to a higher layer as taught by Cirik2 with the method and node for maintaining a BFI counter according to the determined received quality of the RSs as disclosed by Cirik, as modified by Liu and Cirik2, for the purpose of avoiding false alarm of random access problems and reduce latency and avoid misalignment between wireless device and the base station, as suggested by Cirik2. Regarding claims 5 and 18, Cirik, as modified by Liu and Cirik2, further teaches and suggests wherein the first transmitter transmits a second RACH preamble; as a response to the transmission of the second RACH preamble, the first receiver monitors a second signaling in a second time window; where time-domain resources occupied by the second RACH preamble are used to determine the second time window; as a response to the first condition being satisfied, the second RACH preamble is triggered; the first condition set includes a second condition, the second condition including not receiving the second signaling in the second time window ([0309]; [0314]; [0397]; teaches a response time window). Regarding claims 6 and 19, Cirik, as modified by Liu and Cirik2, further teaches and suggests wherein the second RACH preamble is used to determine a second reference signal, a transmit (Tx) power of the first RACH preamble being equal to a first power value; whether the first reference signal and the second reference signal are a same reference signal, which is used to determine the first power value ([0309]; [0313]; teaches a second signal for determining reference signals and determining a transmit power of a first signal). Regarding claims 7 and 20, Cirik, as modified by Liu and Cirik2, further teaches and suggests wherein the first receiver receives a plurality of reference signals wherein each reference signal in the first reference signal subset is one of the plurality of reference signals, and each reference signal in the second reference signal subset is one of the plurality of reference signals; wherein measurements on the plurality of reference signals are respectively used to determine plurality of second-type received qualities; wherein the number of the plurality of reference signals is equal to the number of the plurality of second-type received qualities; and wherein a second-type received quality corresponding to the first reference signal among the plurality of second-type received qualities is no worse than a second reference threshold ([0532]; [0596]; teaches the wireless device receives reference signals, RSs, of a cell from a base station and determines a received quality type of the received RSs). Regarding claim 8, Cirik teaches and discloses a second node (base station, figure 3) for wireless communications, comprising: a second transmitter (communication interface(s), figure 3), transmitting a first reference signal sub-group, each reference signal in the first reference signal sub-group belonging to a first reference signal group, the first reference signal group for determining a first-type received quality group, the first-type received quality group including at least one first-type received quality ([0532]; [0596]; teaches the wireless device receives reference signals, RSs, of a cell from a base station and determines a received quality of the received RSs); and a second receiver (communication interface(s), figure 3), operatively coupled to the second transmitter, blind detecting a first random access channel (RACH) preamble; wherein the first RACH preamble is used for random access ([0310]; teaches the wireless device transmitting a first signal/Msg1 for random access); the first RACH preamble indicates a first reference signal ([0313]; teaches the first signal/Msg1 indicates reference signals); the first reference signal is related to a value of a first counter (preamble transmission counter; [0397]) ([0397]; [0463]; [0521]; teaches the RSs are related to a preamble transmission counter); as a response to a first condition set being satisfied, the first RACH preamble is triggered; the first condition set includes one or more conditions, when each condition in the first condition set is satisfied, the first condition set is satisfied; the first condition set includes a first condition, the first condition including that a value of the second counter (BFI_COUNTER; [0379]) is no less than a second threshold (beamFailurelnstanceMaxCount; [0381]); the first-type received quality group is for maintaining the second counter (BFI_COUNTER; [0379]) ([0313]; [0379]; “…BFI_COUNTER may be a counter for a beam failure instance indication. The wireless device may set the BFI_COUNTER initially to a first value…”; [0381]; “…BFI_COUNTER may be equal to or greater than a threshold (e.g., the beamFailurelnstanceMaxCount). The wireless device may initiate/trigger the random-access procedure…initiate/trigger a random-access procedure…based on the BFI_COUNTER being equal to or greater than the beamFailurelnstanceMaxCount…”; [0526]; teaches in response to a condition being satisfied, such as the first counter (BFI counter) being no less than a threshold (beamFailureInstanceMaxCount), triggering a random access procedure by transmitting the first signal/Msg1). However, Cirik may not explicitly disclose a first reference signal associated with a first cell; the first reference signal is based on a physical cell identity (PCI) of the first cell. Nonetheless, in the same field of endeavor, Liu teaches and suggests a first reference signal associated with a first cell; the first reference signal is based on a physical cell identity (PCI) of the first cell ([0038]; [0065]; teaches the reference signal is associated with a first cell and further based on a cell identifier). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the reference signal is associated with a first cell and further based on a cell identifier as taught by Liu with the method and node for maintaining a BFI counter according to the determined received quality of the RSs as disclosed by Cirik for the purpose of providing a new solution for information transmission and reception, in which the RRC message is transmitted in response a RRC message request from a terminal device when the terminal device needs this message, as suggested by Liu. However, Cirik, as modified by Liu, may not explicitly disclose when the value of the first counter is no greater than a first threshold, the first reference signal belongs to a first reference signal subset; when the value of the first counter is greater than the first threshold, the first reference signal belongs to a second reference signal subset; the first reference signal subset includes at least one reference signal, while the second reference signal subset includes at least one reference signal, at least one reference signal in the second reference signal subset not belonging to the first reference signal subset, and associated with a second cell (although Cirik does teach that a first counter, transmission counter (PREAMBLE TRANSMISSION COUNTER) is compared to a threshold; [0397]; [0522]). Nonetheless, in the same field of endeavor, Cirik2 teaches and suggests when the value of the first counter (preamble transmission counter; [0238]) is no greater than a first threshold (preamble maximum transmission parameter; [0238]), the first reference signal belongs to a first reference signal subset ([0232]; “…a first RS from a plurality of RSs. The first RS may be a first SS/PBCH block and/or a first CSI-RS…”); when the value of the first counter (preamble transmission counter) is greater than the first threshold, the first reference signal belongs to a second reference signal subset ([0242]; “…a second RS from a plurality of RSs. The second RS may be a second SS/PBCH block and/or a second CSI-RS…”); the first reference signal subset includes at least one reference signal, while the second reference signal subset includes at least one reference signal, at least one reference signal in the second reference signal subset not belonging to the first reference signal subset, and associated with a second cell ([0238]; “…increment a preamble transmission counter variable (e.g., PREAMBLE_TRANSMISSION_COUNTER)…The preamble transmission counter variable may be equal to or greater than a preamble maximum transmission parameter (e.g., RRC parameter preambleTransMax)…”; [0239]; [0241]; “…preamble transmission counter variable may be less than the preamble maximum transmission parameter plus one (or any other value/quantity/number)…; [0242]; teaches when the preamble transmission counter is less than the maximum/threshold number the reference signal is of the first reference signal set, such as first SS/PBCH block/CSI-RS, and when the when the preamble transmission counter is greater than the maximum/threshold number the reference signal is of the second reference signal set, such as second SS/PBCH block/CSI-RS). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate when the preamble transmission counter is less than the maximum/threshold number the reference signal is of the first reference signal set, such as first SS/PBCH block/CSI-RS, and when the when the preamble transmission counter is greater than the maximum/threshold number the reference signal is of the second reference signal set, such as second SS/PBCH block/CSI-RS as taught by Cirik2 with the method and node for maintaining a BFI counter according to the determined received quality of the RSs as disclosed by Cirik, as modified by Liu, for the purpose of avoiding false alarm of random access problems and reduce latency and avoid misalignment between wireless device and the base station, as suggested by Cirik2. Regarding claim 9, Cirik, as modified by Liu and Cirik2, further teaches and suggests the second node is a maintenance base station of the first cell; or, as a response to an action of detecting the first RACH preamble, the second transmitter transmits a first signaling in a first time window; where the second receiver detects the first RACH preamble; time-domain resources occupied by the first RACH preamble are used to determine the first time window ([0400]; [0540]; teaches reference signals associated with a primary cell and reference signals associated with a secondary cell). Regarding claim 10, Cirik, as modified by Liu and Cirik2, further teaches and suggests wherein whether the first signaling is received in the first time window is used to maintain the first counter ([0309]; [0314]; [0397]; teaches a response time window). Regarding claim 11, Cirik, as modified by Liu and Cirik2, further teaches and suggests wherein the second receiver blind detects a second signal; when the second RACH preamble is detected, as a response to the action of detecting the second RACH preamble, the second transmitter transmits a second signaling in a second time window; where time-domain resources occupied by the second RACH preamble are used to determine the second time window; as a response to the first condition being satisfied, the second RACH preamble is triggered; the first condition set includes a second condition, the second condition including that the second signaling is not received in the second time window ([0309]; [0314]; [0397]; teaches a response time window). Regarding claim 12, Cirik, as modified by Liu and Cirik2, further teaches and suggests wherein the second RACH preamble is used to determine a second reference signal, a transmit (Tx) power of the first RACH preamble being equal to a first power value; whether the first reference signal and the second reference signal are a same reference signal is used to determine the first power value ([0309]; [0313]; teaches a second signal for determining reference signals and determining a transmit power of a first signal). Regarding claim 13, Cirik, as modified by Liu and Cirik2, further teaches and suggests wherein the second transmitter transmits a plurality of reference signals among a second plurality of reference signals, wherein the number of the first plurality of reference signals is no greater than the number of the second plurality of reference signals; where each reference signal in the first reference signal subset is one of the second plurality of reference signals, and each reference signal in the second reference signal subset is one of the second plurality of reference signals; measurements on the second plurality of reference signals are respectively used to determine a plurality of second-type received qualities, wherein the number of the second plurality of reference signals is equal to the number of the second-type received qualities; a second-type received quality corresponding to the first reference signal among the plurality of second-type received qualities is no worse than a second reference threshold ([0532]; [0596]; teaches the wireless device receives reference signals, RSs, of a cell from a base station and determines a received quality type of the received RSs). Response to Arguments Applicant's arguments with respect to claims 1, 3-14, and 16-20 have been considered but are moot in view of the new ground(s) of rejection as necessitated by Applicant’s amendment. Conclusion The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUK JIN KANG whose telephone number is (571) 270-1771. The examiner can normally be reached on Monday-Friday 8am-5pm. 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, Chirag Shah can be reached on (571) 272-3144. 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. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist/customer service whose telephone number is (571) 272-2600. /Suk Jin Kang/ Examiner, Art Unit 2477 June 27, 2026
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Prosecution Timeline

Apr 07, 2023
Application Filed
Jul 28, 2025
Non-Final Rejection mailed — §103
Oct 28, 2025
Response Filed
Feb 18, 2026
Final Rejection mailed — §103
May 18, 2026
Request for Continued Examination
May 23, 2026
Response after Non-Final Action
Jul 01, 2026
Non-Final Rejection mailed — §103 (current)

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3-4
Expected OA Rounds
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