Prosecution Insights
Last updated: July 17, 2026
Application No. 18/149,214

COMMUNICATION METHOD AND APPARATUS

Final Rejection §103
Filed
Jan 03, 2023
Priority
Jul 03, 2020 — continuation of PCTCN2020100240
Examiner
OLALEYE, OLADIRAN GIDEON
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Huawei Technologies Co., Ltd.
OA Round
4 (Final)
76%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
89 granted / 117 resolved
+18.1% vs TC avg
Strong +17% interview lift
Without
With
+16.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
52 currently pending
Career history
174
Total Applications
across all art units

Statute-Specific Performance

§103
86.0%
+46.0% vs TC avg
§102
12.3%
-27.7% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 117 resolved cases

Office Action

§103
DETAILED ACTION This office action is a response to an amendment filed on 05/11/2026. Response to Amendment The Amendment filed on 05/11/2026 has been entered. Claims 1-20 are pending Claims 1, 15 and 20 are amended Claims 1-20 remain rejected. 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. Claims 1-2, 9-10, 14-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sallberg et al. (US 6353620 B1), hereinafter referenced as Sallberg, in view of MANNINEN et al. (US 20200382565 A1), hereinafter referenced as Manninen, and further in view of ZHANG et al. (CN 101626559 A), hereinafter referenced as Zhang. Regarding claims 1, 15 and 20, Sallberg teaches a communication method performed by a terminal device or a chip in the terminal device (Fig. 1, Col. 4, Lines [51-52]-Sallberg discloses fall-back procedure during a communication establishment between two nodes. Fig. 1, Col. 1, Lines [9-13]-Sallberg discloses communication establishment in communication networks and, in particular, to a system and method for minimizing the number of messages transmitted to establish a communication in telecommunications networks), comprising: receiving indication information from the access network device (Fig. 1, Col. 2, Lines [10-21]-Sallberg discloses understanding only the second protocol version of MAP (Protocol #2) ..., the contents of the message 140 explicitly inform the sender 110 that the desired communication is only supported in the second protocol version. Hence, the sender 110 then falls-back to the second protocol version), the indication information is used to indicate to fall back a capability of the terminal device from a first protocol version (Fig. 1, Col. 2, Lines [10-21]-Sallberg discloses the receiver 120, however, understanding only the second protocol version of MAP (Protocol #2) and no higher, responds with a message 140 instructing the sender 110 to stop the communication because the message 130 was not understood. With respect to the message 140 that is transmitted from the receiver 120 to the sender 110, the contents of the message 140 explicitly inform {corresponding to the capability information} the sender 110 that the desired communication is only supported in the second protocol version. Hence, the sender 110 then falls-back to the second protocol version. Fig. 4, Col. 7, Lines [57-59]-Sallberg discloses fall-back procedures may be required, which will lower the MAP version as necessary (Step 450)); and communicating, based on the indication information, with the first access network device according to first capability information (Fig. 1, Col. 2, Lines [20-27]-Sallberg discloses the sender 110 then falls-back to the second protocol version and reattempts to start the desired communication using the second protocol version in a message 150, i.e.. Protocol #2 in this example. The receiver 120, configured for this second protocol version, understands the attempt and responds accordingly with a message 160 permitting the desired communication to continue with the second protocol version), a protocol version corresponding to the first capability information is lower than the first protocol version (Fig. 4, Col. 7, Lines [57-59]-Sallberg discloses fall-back procedures may be required, which will lower the MAP version as necessary (Step 450). Col. 1, Lines [45-46]-Sallberg discloses application protocol for use in mobile SS7 networks is the Mobile Application Part (MAP). Col. 2, Lines [34-39]-Sallberg discloses the sender 110 then falls-back to the first protocol version, i.e., the oldest or most basic version, and reattempts to start the desired communication using the first protocol version (Protocol #1) in the message 150). Sallberg fails to teach sending, by the terminal device, a network access request to a network access device. However, Manninen teaches sending, by the terminal device, a network access request to a network access device (Para. [0048]-Manninen discloses the UE registers with the first 3GPP network by sending a request message to the first 3GPP network (step S310). In one embodiment, the request message may be a REGISTRATION REQUEST message. Para. [0032]-Manninen discloses the description of the wireless communication environment 100 is for illustrative purposes only and is not intended to limit the scope of the application. For example, the 3GPP network 120 may be a 6G network and the 3GPP network 130 may be a 5G network, if the 6G technology supports fallback of the UE 110 from a 6G network to a 5G network). Sallberg and Manninen are both considered to be analogous to the claimed invention because they are in the same field of wireless communications, dealing with fallbacks of a User Equipment (UE) to a legacy network. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg to incorporate the teachings of Manninen on higher to lower network access protocol fallbacks, with a motivation to send access request, and guarantee system and method for use in communications networks that enables a first node to initiate a communication with a second node using the most-advanced protocol version that the second node recognizes and understands, (Sallberg, Col. 3, Lines [58-62]). Sallberg fails to teach Radio Resource Control (RRC) connection setup reject message or an RRC connection release message. However, Zhang teaches receiving indication information from the access network device in a Radio Resource Control (RRC) connection setup reject message or an RRC connection release message, that identifies a fallback protocol version to which the terminal's access-layer capability is to be reduced before reattempting access/communication (Page 3, Line [6]-Zhang discloses SRNC sends radio resource control connection release message to the UE, cause value is DSCR. Page 4, Line [5-24]-Zhang discloses to fall in the HSUPA service or HSPA and R99 real-time concurrency service to R99 ... service wireless network controller informs UE to release radio resource control connection through direct signalling reconstruction ... the service wireless network controller through direct signal When informs UE to release radio resource control connection reconstruction, step 225, UE to reestablish the R99 non-real time service in drift radio network subsystem. as for HSUPA service, step 2 specifically comprises: step 231, the service wireless network controller controls HSUPA service falls to R99 real-time service). Zhang is considered to be analogous because it is in the same field of mobile communication field, dealing with different factories and service migration method and system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg in view of Manninen to incorporate the teachings of Zhang on radio resource control (RRC) connection setup, with a motivation to transmit the referenced indication using RRC release message, and guarantee efficient utilization of the wireline connections, (Sallberg, Col. 1, Line [29]). Regarding claims 2 and 16, Sallberg in view of Manninen and Zhang teaches the method according to claim 1. Sallberg further teaches the method further comprises: sending the first capability information to the first access network device (Fig. 1, Col. 2, Lines [10-21]-Sallberg discloses understanding only the second protocol version of MAP (Protocol #2) ..., the contents of the message 140 explicitly inform {corresponding to the capability information} the sender 110 that the desired communication is only supported in the second protocol version. Hence, the sender 110 then falls-back to the second protocol version. Fig. 1, Col. 2, Lines [7-9]-Sallberg discloses the sender 110 attempts to start the communication with a message 130 using the aforementioned third protocol version of the communication program (Protocol #3). Col. 2, Lines [42-44]-Sallberg discloses messages in the MAP protocol provide either an explicit or an implicit indication of the highest protocol version that is understood by the receiving node. Col. 4, Lines [7-10]-Sallberg discloses autonomously-maintained table. The table enables a first node to store, and subsequently retrieve for use, the latest protocol version that a second node is capable of understanding. (See also Col. 10, Lines [50-61])). Regarding claims 3 and 17, Sallberg in view of Manninen and Zhang teaches the method according to claim 1 and the apparatus according to claim 15. Sallberg fails to teach the indication information is carried in a radio resource control (RRC) connection setup reject message or an RRC connection release message. However, Zhang teaches the indication information is carried in a radio resource control (RRC) connection setup reject message or an RRC connection release message (Page 3, Line [6]-Zhang discloses SRNC sends radio resource control connection release message to the UE, cause value is DSCR. Page 4, Line [20-24]-Zhang discloses the service wireless network controller through direct signal When informs UE to release radio resource control connection reconstruction, step 225, UE to reestablish the R99 non-real time service in drift radio network subsystem. as for HSUPA service, step 2 specifically comprises: step 231, the service wireless network controller controls HSUPA service falls to R99 real-time service). Sallberg and Zhang are both considered to be analogous to the claimed invention because they are in the same field of mobile communication field, dealing with different factories and service migration method and system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg in view of Manninen to incorporate the teachings of Zhang on radio resource control (RRC) connection setup, with a motivation to transmit the referenced indication using RRC release message, and support service migration mode, (Zhang, Page 3, Line [30]). Regarding claim 9, Sallberg in view of Manninen and Zhang teaches the method according to claim 6. Sallberg further teaches the method further comprises: communicating with the first access network device by using actual capability information of the terminal device (Fig. 1, Col. 2, Lines [20-27]-Sallberg discloses the sender 110 then falls-back to the second protocol version and reattempts to start the desired communication using the second protocol version in a message 150, i.e.. Protocol #2 in this example. The receiver 120, configured for this second protocol version, understands the attempt and responds accordingly with a message 160 permitting the desired communication to continue with the second protocol version). Regarding claim 10, Sallberg in view of Manninen and Zhang teaches the method according to claim 6. Sallberg further teaches the method further comprises: sending the actual capability information of the terminal device to the first access network device (Fig. 1, Col. 2, Lines [7-9]-Sallberg discloses the sender 110 attempts to start the communication with a message 130 using the aforementioned third protocol version of the communication program (Protocol #3). Col. 2, Lines [42-44]-Sallberg discloses messages in the MAP protocol provide either an explicit or an implicit indication of the highest protocol version that is understood by the receiving node. Col. 4, Lines [7-10]-Sallberg discloses autonomously-maintained table. The table enables a first node to store, and subsequently retrieve for use, the latest protocol version that a second node is capable of understanding. (See also Col. 10, Lines [50-61])). Regarding claim 14, Sallberg in view of Manninen and Zhang teaches the method according to claim 1. Sallberg further teaches the method further comprises: communicating with a second access network device by using the first capability information (Col. 11, Lines [25-32]-Sallberg discloses communication between a first and a second node, said method comprising the steps of: searching a dialogue table, connected to said first node, for a node identifier associated with said second node, said dialogue table comprising a plurality of node identifiers and a respective plurality of node dialogues for each said node identifier. Fig. 1, Col. 2, Lines [20-27]-Sallberg discloses the sender 110 then falls-back to the second protocol version and reattempts to start the desired communication using the second protocol version in a message 150, i.e.. Protocol #2 in this example. The receiver 120, configured for this second protocol version, understands the attempt and responds accordingly with a message 160 permitting the desired communication to continue with the second protocol version), a network capability area to which the second access network device belongs is the same as a network capability area to which the first access network device belongs (Col. 1, Lines [37-45]-Sallberg discloses Nodes can be, in a Global System for Mobile Communications (GSM) network for example, well-known components according to the GSM standard such as a Gateway Mobile Switching Center (GMSC), a Home Location Register (HLR), or a Mobile Switching Center/Visitor Location Register (MSC/VLR). Communication between nodes within the telecommunications system is preferably accomplished through Signaling System No. 7 (SS7) protocols), the network capability area comprises at least one access network device (Col. 1, Lines [37-41]-Sallberg discloses Nodes can be, in a Global System for Mobile Communications (GSM) network for example, well-known components according to the GSM standard such as a Gateway Mobile Switching Center (GMSC), a Home Location Register (HLR), or a Mobile Switching Center/Visitor Location Register (MSC/VLR)), and the at least one access network device has a same capability (Col. 1, Lines [37-45]-Sallberg discloses Nodes can be, in a Global System for Mobile Communications (GSM) network for example, well-known components according to the GSM standard such as a Gateway Mobile Switching Center (GMSC), a Home Location Register (HLR), or a Mobile Switching Center/Visitor Location Register (MSC/VLR). Communication between nodes within the telecommunications system is preferably accomplished through Signaling System No. 7 (SS7) protocols). Claims 4-6, 11 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sallberg et al. (US 6353620 B1), hereinafter referenced as Sallberg, in view of MANNINEN et al. (US 20200382565 A1), hereinafter referenced as Manninen, and further in view of ZHANG et al. (CN 101626559 A), hereinafter referenced as Zhang, and further in view of Jianhua Liu (US 20200337014 A1), hereinafter referenced as Liu. Regarding claims 4 and 18, Sallberg in view of Manninen and Zhang teaches the method according to claim 3 and the apparatus according to claim 17. Sallberg fails to teach the method further comprises: receiving a fallback cause value from the access network device. However, Zhang teaches the method further comprises: receiving a fallback cause value from the access network device (Page 3, Line [6]-Zhang discloses SRNC sends radio resource control connection release message to the UE, cause value is DSCR. Page 4, Line [20-24]-Zhang discloses the service wireless network controller through direct signal When informs UE to release radio resource control connection reconstruction, step 225, UE to reestablish the R99 non-real time service in drift radio network subsystem. as for HSUPA service, step 2 specifically comprises: step 231, the service wireless network controller controls HSUPA service falls to R99 real-time service). Sallberg and Zhang are both considered to be analogous to the claimed invention because they are in the same field of mobile communication field, dealing with different factories and service migration method and system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg in view of Manninen to incorporate the teachings of Zhang on cause value, with a motivation to receive a fallback cause value, and support service migration mode, (Zhang, Page 3, Line [30]). Sallberg fails to teach the fallback cause value is used to indicate at least one of the following: a first message sent by the terminal device cannot be identified; one or more information elements in the first message cannot be identified; second capability information sent by the terminal device fails to be parsed; the capability of the terminal device is excessively large; an abstract syntax notation one ASN.1 information element fails to be parsed; or an ASN.1 extended information element fails to be parsed. However, Liu teaches the fallback cause value is used to indicate at least one of the following: a first message sent by the terminal device cannot be identified; one or more information elements in the first message cannot be identified; second capability information sent by the terminal device fails to be parsed; the capability of the terminal device is excessively large; an abstract syntax notation one ASN.1 information element fails to be parsed; or an ASN.1 extended information element fails to be parsed (Para. [0175]-Liu discloses the TAU reject message includes a cause value. The cause value indicates that the target MME cannot recognize the GUTI information and/or the target MME does not support communication without an inter-system interface. Optionally, the UE triggers, according to the cause value, to send an attach request to the target MME (forwarding by the E-UTRAN). Para. [0098]-Liu discloses the first system and a second system may be systems in different communication protocol versions). Liu is considered to be analogous because it is in the same field of communications, dealing with wireless communications method and device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg in view of Manninen and Zhang to incorporate the teachings of Liu on cause value, with a motivation to indicate message cannot be identified, and guarantee inter-system network handover in the case of flexible registration modes, (Liu, Para. [0005]). Regarding claim 5, Sallberg in view of Manninen, Zhang and Liu teaches the method according to claim 4. Sallberg fails to teach the fallback cause value and the indication information are carried in a same message. However, Zhang teaches the fallback cause value and the indication information are carried in a same message (Page 3, Line [6]-Zhang discloses SRNC sends radio resource control connection release message to the UE, cause value is DSCR. Page 4, Line [20-23]-Zhang discloses the service wireless network controller through direct signal When informs UE to release radio resource control connection reconstruction, step 225, UE to reestablish the R99 non-real time service in drift radio network subsystem. as for HSUPA service, step 2 specifically comprises: step 231, the service wireless network controller controls HSUPA service falls to R99 real-time service). Zhang is considered to be analogous because it is in the same field of mobile communication field, dealing with different factories and service migration method and system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg in view of Manninen and Liu to incorporate the teachings of Zhang on RRC, with a motivation to transmit the referenced indication and the cause value in the same message, and support service migration mode, (Zhang, Page 3, Line [30]). Regarding claims 6 and 19, Sallberg in view of Manninen and Zhang teaches the method according to claim 1 and the apparatus according to claim 15. Sallberg further teaches the method further comprises: determining that a network capability area to which the first access network device belongs changes (Fig. 1, Col. 2-3, Lines [67 and 1-16 respectively]-Sallberg discloses updates of the MAP or other protocol become extant and the updates are issued more frequently. Furthermore, not only do different versions, i.e., major revisions of the standard, exist, but many incompatible variations, e.g., smaller changes to or enhancements of a major standard within a given Public Land Mobile Network (PLMN)) also permeate cellular networks ... predicting the version (and even the variation) of MAP protocols capable of being used by a given node or entire PLMN for a given dialogue type), the network capability area comprises at least one access network device (Col. 1, Lines [37-41]-Sallberg discloses Nodes can be, in a Global System for Mobile Communications (GSM) network for example, well-known components according to the GSM standard such as a Gateway Mobile Switching Center (GMSC), a Home Location Register (HLR), or a Mobile Switching Center/Visitor Location Register (MSC/VLR)), and the at least one access network device has a same capability (Col. 1, Lines [37-45]-Sallberg discloses Nodes can be, in a Global System for Mobile Communications (GSM) network for example, well-known components according to the GSM standard such as a Gateway Mobile Switching Center (GMSC), a Home Location Register (HLR), or a Mobile Switching Center/Visitor Location Register (MSC/VLR). Communication between nodes within the telecommunications system is preferably accomplished through Signaling System No. 7 (SS7) protocols). Sallberg fails to teach sending an RRC connection setup request message to the first access network device. However, Liu teaches sending an RRC connection setup request message to the first access network device (Para. [0244]-Liu discloses the UE may send an RRC connection request to a target RAN (T-RAN)). Liu is considered to be analogous because it is in the same field of communications, dealing with wireless communications method and device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg in view of Manninen and Zhang to incorporate the teachings of Liu on RRC, with a motivation to transmit RRC connection setup request message, and guarantee inter-system network handover in the case of flexible registration modes, (Liu, Para. [0005]). Regarding claim 11, Sallberg in view of Manninen and Zhang teaches the method according to claim 1. Sallberg further teaches a network capability area to which the second access network device belongs is different from a network capability area to which the first access network device belongs (Col. 1, Lines [37-41]-Sallberg discloses Nodes can be, in a Global System for Mobile Communications (GSM) network for example, well-known components according to the GSM standard such as a Gateway Mobile Switching Center (GMSC), a Home Location Register (HLR), or a Mobile Switching Center/Visitor Location Register (MSC/VLR)), the network capability area comprises at least one access network device (Col. 1, Lines [37-41]-Sallberg discloses Nodes can be, in a Global System for Mobile Communications (GSM) network for example, well-known components according to the GSM standard such as a Gateway Mobile Switching Center (GMSC), a Home Location Register (HLR), or a Mobile Switching Center/Visitor Location Register (MSC/VLR)), and the at least one access network device has a same capability (Col. 1, Lines [37-45]-Sallberg discloses Nodes can be, in a Global System for Mobile Communications (GSM) network for example, well-known components according to the GSM standard such as a Gateway Mobile Switching Center (GMSC), a Home Location Register (HLR), or a Mobile Switching Center/Visitor Location Register (MSC/VLR). Communication between nodes within the telecommunications system is preferably accomplished through Signaling System No. 7 (SS7) protocols). Sallberg fails to teach the method further comprises: sending an RRC connection setup request message to a second access network device. However, Liu teaches the method further comprises: sending an RRC connection setup request message to a second access network device (Figs. 1 and 7-8, Para. [0220]-Liu discloses registration of the terminal device with the second system. Para. [0244]-Liu discloses the UE may send an RRC connection request to a target RAN (T-RAN). Para. [0093]-Liu discloses the wireless communications system 100 may include a plurality of access network devices. Para. [0215]-Liu discloses a plurality of RANs, whether at least one system supports interoperations with an N26 interface, which may be indicated based on the granularity of a PLMN ID list). Liu is considered to be analogous because it is in the same field of communications, dealing with wireless communications method and device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg in view of Manninen and Zhang to incorporate the teachings of Liu on RRC, with a motivation to send connection setup request, and guarantee inter-system network handover in the case of flexible registration modes, (Liu, Para. [0005]). Claims 7, 8 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Sallberg et al. (US 6353620 B1), hereinafter referenced as Sallberg, in view of MANNINEN et al. (US 20200382565 A1), hereinafter referenced as Manninen, and further in view of ZHANG et al. (CN 101626559 A), hereinafter referenced as Zhang, and further in view of Jianhua Liu (US 20200337014 A1), hereinafter referenced as Liu, and further in view of Yang LIU (US 20210176708 A1), hereinafter referenced as Liu2. Regarding claims 7 and 12, Sallberg in view of Manninen and Zhang teaches the method according to claim 6 and the method according to claim 11. Sallberg fails to teach the RRC connection setup request message comprises a cause value, and the cause value is used to indicate that a network capability area changes. However, Lius2 teaches the RRC connection setup request message comprises a cause value (Para. [0165]-Liu2 discloses a signaling element including a cause value may be added to original RRC connection request signaling. The cause value may indicate that a request for establishing an RRC connection is sent for DRX cycle update), and the cause value is used to indicate that a network capability area changes (Para. [0039]-Liu2 discloses in response to determining that an original Discontinuous Reception (DRX) cycle of UE is to be updated, indicating, on a Physical Downlink Control CHannel (PDCCH), that there is a paging message with a cause value for DRX cycle update. Para. [0165]-Liu2 discloses a signaling element including a cause value may be added to original RRC connection request signaling. The cause value may indicate that a request for establishing an RRC connection is sent for DRX cycle update). Liu2 is considered to be analogous because it is in the same field of communication, dealing with method and device for saving power of User Equipment (UE), UE, and a base station. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg in view of Manninen, Zhang and Liu to incorporate the teachings of Liu2 on RRC, with a motivation to indicate changes using cause value, and guarantee optimizing power saving performance, (Liu2, Para. [0003]). Regarding claim 8, Sallberg in view of Manninen, Zhang, Liu and Liu2 teaches the method according to claim 7. Sallberg fails to teach the RRC connection setup request message comprises an identifier of a network capability area before changing. However, Lius teaches the RRC connection setup request message comprises an identifier of a network capability area before changing (Para. [0244]-Liu discloses the UE may send an RRC connection request to a target RAN (T-RAN). Para. [0213]-Liu discloses NG-RAN determines, according to the list, the support for interoperations with an N26 interface corresponding to a PLMN accessed by the UE, to determine whether to trigger RRC redirection or a handover request. Para. [0091]-Liu discloses inter-system handover may be implemented through an Attach procedure in which a handover identifier (ID) is carried). Liu is considered to be analogous because it is in the same field of communications, dealing with wireless communications method and device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg in view of Manninen, Zhang and Liu2 to incorporate the teachings of Liu on RRC, with a motivation to transmit the identifier of a network capability area before changing, and guarantee inter-system network handover in the case of flexible registration modes, (Liu, Para. [0005]). Regarding claim 13, Sallberg in view of Manninen, Zhang, Liu and Liu2 teaches the method according to claim 12. Sallberg fails to teach the RRC connection setup request message comprises an identifier of the network capability area to which the first access network device belongs. However, Lius teaches the RRC connection setup request message comprises an identifier of the network capability area to which the first access network device belongs (Para. [0244]-Liu discloses the UE may send an RRC connection request to a target RAN (T-RAN). Para. [0213]-Liu discloses NG-RAN determines, according to the list, the support for interoperations with an N26 interface corresponding to a PLMN accessed by the UE, to determine whether to trigger RRC redirection or a handover request. Para. [0091]-Liu discloses inter-system handover may be implemented through an Attach procedure in which a handover identifier (ID) is carried). Liu is considered to be analogous because it is in the same field of communications, dealing with wireless communications method and device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg in view of Manninen, Zhang and Liu2 to incorporate the teachings of Liu on RRC, with a motivation to transmit the identifier of a network capability area, and guarantee inter-system network handover in the case of flexible registration modes, (Liu, Para. [0005]). Response to Arguments Applicant's Arguments/Remarks, filed on 05/11/2026, with respect to the 35 USC § 103 rejection of claims 1-20 have been fully considered. Applicant’s arguments are not persuasive. In the remarks, on page 10, Lines [10-12], Applicant argues that, “…Sallberg is non-analogous and its MAP node negotiation cannot be repurposed into UE access-capability fallback.” Examiner respectfully disagrees for the following reasons: Sallberg and Zhang are both considered to be analogous to the claimed invention because they are in the same field of mobile communication field, dealing with fallbacks of a User Equipment (UE) to a legacy network and service migration method and system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Sallberg to incorporate the teachings of Manninen and Zhang on connection setup, with a motivation to transmit the referenced indication using RRC release message, and guarantee efficient utilization of the wireline connections, (Sallberg, Col. 1, Line [29]). In the remarks, on page 11, Lines [19-20], Applicant argues that, “…Nothing in Sallberg is about a UE "network access request," "capability information".” However, Manninen teaches sending, by the terminal device, a network access request to a network access device (Para. [0048]-Manninen discloses the UE registers with the first 3GPP network by sending a request message to the first 3GPP network (step S310). In one embodiment, the request message may be a REGISTRATION REQUEST message. Para. [0032]-Manninen discloses the description of the wireless communication environment 100 is for illustrative purposes only and is not intended to limit the scope of the application. For example, the 3GPP network 120 may be a 6G network and the 3GPP network 130 may be a 5G network, if the 6G technology supports fallback of the UE 110 from a 6G network to a 5G network); while Sallberg teaches the indication information is used to indicate to fall back a capability of the terminal device from a first protocol version (Fig. 1, Col. 2, Lines [10-21]-Sallberg discloses the receiver 120, however, understanding only the second protocol version of MAP (Protocol #2) and no higher, responds with a message 140 instructing the sender 110 to stop the communication because the message 130 was not understood. With respect to the message 140 that is transmitted from the receiver 120 to the sender 110, the contents of the message 140 explicitly inform {corresponding to the capability information} the sender 110 that the desired communication is only supported in the second protocol version. Hence, the sender 110 then falls-back to the second protocol version. Fig. 4, Col. 7, Lines [57-59]-Sallberg discloses fall-back procedures may be required, which will lower the MAP version as necessary (Step 450)). In the remarks, on page 15, Lines [16-22], Applicant argues that, “…claim 1 requires the "indication information" to be received in a Radio Resource Control (RRC) connection setup reject message or an RRC connection release message ... This directly undercuts the combination of Sallberg and Manninen because neither reference teaches RRC-layer rejection/release signaling that explicitly instructs capability fall back as part of access establishment.” However, Zhang teaches receiving indication information from the access network device in a Radio Resource Control (RRC) connection setup reject message or an RRC connection release message, that identifies a fallback protocol version to which the terminal's access-layer capability is to be reduced before reattempting access/communication (Page 3, Line [6]-Zhang discloses SRNC sends radio resource control connection release message to the UE, cause value is DSCR. Page 4, Line [5-24]-Zhang discloses to fall in the HSUPA service or HSPA and R99 real-time concurrency service to R99 ... service wireless network controller informs UE to release radio resource control connection through direct signalling reconstruction ... the service wireless network controller through direct signal When informs UE to release radio resource control connection reconstruction, step 225, UE to reestablish the R99 non-real time service in drift radio network subsystem. as for HSUPA service, step 2 specifically comprises: step 231, the service wireless network controller controls HSUPA service falls to R99 real-time service). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLADIRAN GIDEON OLALEYE whose telephone number is (571)272-5377. The examiner can normally be reached Monday - Friday: 07:30am - 05:30pm to. 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 SPE, NICHOLAS A. JENSEN can be reached on (571) 270-5443. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OO/ Examiner, Art Unit 2472 /NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
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Prosecution Timeline

Show 2 earlier events
Jul 07, 2025
Response Filed
Jul 16, 2025
Final Rejection mailed — §103
Oct 16, 2025
Response after Non-Final Action
Dec 16, 2025
Request for Continued Examination
Dec 20, 2025
Response after Non-Final Action
Feb 09, 2026
Non-Final Rejection mailed — §103
May 11, 2026
Response Filed
May 29, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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

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Prosecution Projections

5-6
Expected OA Rounds
76%
Grant Probability
93%
With Interview (+16.9%)
2y 12m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 117 resolved cases by this examiner. Grant probability derived from career allowance rate.

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