Prosecution Insights
Last updated: April 19, 2026
Application No. 18/186,991

INFORMATION SENDING METHOD, APPARATUS, AND SYSTEM

Non-Final OA §103§112
Filed
Mar 21, 2023
Examiner
ABDULLAEV, ERKIN SHAVKATOVICH
Art Unit
2648
Tech Center
2600 — Communications
Assignee
Huawei Technologies Co., Ltd.
OA Round
3 (Non-Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
7 granted / 8 resolved
+25.5% vs TC avg
Moderate +14% lift
Without
With
+14.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
31 currently pending
Career history
39
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
55.8%
+15.8% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
15.4%
-24.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 8 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/05/2026 has been entered. Oath/Declaration Applicant acknowledges missing Oath/Declaration. Response to Arguments Applicant’s arguments with respect to claim(s) 9-14, and 19-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 10, 20 and 26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 10 recites the limitation receiving a second broadcast message from the network device, renders the claim indefinite because it is unclear how the terminal device is receiving a second broadcast message when the terminal device is skipping monitoring response information as stated in claim 9. Applicant arguments, filed on 03/05/2026, page 10, states, “In a non-limiting embodiment of the present application, the preamble sequence is for determining a quantity of terminal devices within coverage of the network device, hence, skipping monitoring response information of the preamble sequence can save resources and energy.” However, the preamble sequence is not limited to determining for a quantity of terminal devices and one in ordinary skill in the art with broadest reasonable interpretation can interpret preamble sequence as information for random access response (RAR) or random-access channel (RACH), see applicant specification paragraphs 18, 27, and 127. Therefore, the terminal device must monitor in order to gain access to the base station. Additionally, even if the terminal device is skipping monitoring response as stated in claim 9, having the terminal device receiving a message in claim 10 and also determining the state of the network devices based on the first indication information makes claim 10 unclear as to how the UE is able to receive the message when the UE is not monitoring. For examination purposes, the receiving of a second broadcast message happens before the terminal device skips monitor. Regarding Claim 20, which is similar in scope to claim 10, thus rejected under the same rationale. Regarding Claim 26, which is similar in scope to claim 10, thus rejected under the same rationale. 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 (i.e., changing from AIA to pre-AIA ) 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, 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 factual inquiries 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. 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. Claim(s) 9, 19, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US-20120202493-A1) in view of Zhou (US-20210377852-A1). Regarding Claim 9, Wang discloses an information sending method, wherein the method comprises: receiving a first message from a network device (paragraph [0124], Fig.11, "In addition, eNB 1106 can provide a MBSFNAreaConfiguration 1118 over the MCCH. The UEs 1102 and/or 1104 receive a service announcement 1120 over an MBMS bearer or over a unicast bearer, which can originate from BM-SC 1114 and be broadcast by eNB 1106." (i.e., eNB sending to a message to a UE.)), wherein the first message comprises first information, the first information is useable to indicate to a terminal device to send a preamble sequence of a random access procedure (paragraph [0125], Fig.11, "UE 1102 can receive the Counting Request in a paging signal from eNB 1106. If the UE 1102 determines that it is receiving the service or interested in the service, and that it is in an idle, the UE 1102 can initiate a change to a connected state. For example, a UE 1102 in an RRC_IDLE mode may switch to a RRC_CONNECTED mode. To initiate the change, the UE 1102 may send a random access preamble 1132 over a random access channel to eNB 1106, such as the RACH. The preamble may be sent to contend for system resources, and may indicate that the UE 1102 desires to transmit a message." (i.e., UE initiating an RRC connecting in regards to respond to a counting request.)), and the first message is (paragraph [0127], Fig.11, "counting component 1012 can transmit the counting request in a paging message"); [[and]] sending the preamble sequence (paragraph [0127], Fig.11, "The UE may respond with a connection request message 1136, for example an RRCConnectionReq transmitted over a common control channel (CCCH). The request message may be used to request a unicast connection to the eNB 1106 such that the UE 1102 may send a response to the Counting Request or for another purpose (e.g., in response to a paging message, in response to an application requesting network access, etc.)." and paragraph [0129], “If the UE 1102 is going to return to the idle state after transmitting the response, a connection release message 1142 may be transmitted to the UE 1102 to release the unicast connection…” (i.e., sending over a common control channel.)). However, Wang does not explicitly disclose and skipping monitoring response information of the preamble sequence that is for determining a quantity of terminal devices within coverage of the network device. Zhou discloses and skipping monitoring response information of the preamble sequence that is for determining a quantity of terminal devices within coverage of the network device (paragraph [0288], “A gNB may transmit one or more messages comprising parameters of a wake-up duration (e.g., a power saving duration, or a Power Saving Channel (PSCH) occasion), to a UE.” and paragraph [0289], Fig.26B, "a power saving mechanism may be based on a go-to-sleep indication via a PSCH. FIG. 26B shows an example of a power saving based on go-to-sleep indication. In response to receiving a go-to-sleep indication via the PSCH, the UE may go back to sleep and skip monitoring PDCCHs during the DRX active time (e.g., next DRX on duration of a DRX cycle)." (i.e., Wang paragraph 129 discloses the base station sent a release message after finishing the task. Zhou teaches the release message can be a go-to-sleep indication and therefore skip monitoring PDCCHs during the DRX.)). Wang and Zhou are considered to be analogous to the claimed invention because they are in the same field wireless communications. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Wang to implement the method of Zhou base station sending a “go-to-sleep indication” in order for the UE to save power (Zhou, paragraph [0289], “a power saving mechanism may be based on a go-to-sleep indication via a PSCH…This mechanism may reduce power consumption for PDCCH monitoring during the DRX active time.”). Regarding Claim 19, which is similar in scope to claim 9, thus rejected under the same rationale. Wang further discloses at least one processor (Wang, paragraph [0018], Fig.2, “an apparatus for wireless communication is provided that includes at least one processor”); One or more memories couples to the at least one processor (Wang, paragraph [0018], Fig.2, “The apparatus further includes a memory coupled to the at least one processor.”). determine the preamble sequence (Wang, paragraph [0125], Fig.11:1130;1132, “In one aspect of the system 1100, the UE 1102 receives a Counting Request 1130 for one or more services…For example, a UE 1102 in an RRC_IDLE mode may switch to a RRC_CONNECTED mode. To initiate the change, the UE 1102 may send a random access preamble 1132 over a random access channel to eNB 1106, such as the RACH. The preamble may be sent to contend for system resources, and may indicate that the UE 1102 desires to transmit a message.” (i.e., the UE is determining the system resources for RRC connection after receiving a counting request.)). Regarding Claim 25, which is similar in scope to claim 9, thus rejected under the same rationale. Wang further discloses a non-transitory computer-readable storage medium (Wang, paragraph [0014], “a computer-program product for counting devices related to broadcast data is provided including a non-transitory computer-readable medium…”). Claim(s) 10-12, 20-22, and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US-20120202493-A1) in view of Zhou (US-20210377852-A1) in further view of Kadiri (US-20210410045-A1). Regarding Claim 10, Wang in view of Zhou discloses all the limitation of claim 9. Wang further discloses wherein the method further comprises: receiving a second broadcast message from the network device (paragraph [0114], Fig.9:924, " In this example, the eNB 904 can transmit a MBMS session stop 924 over MCCH to UEs that are in MBSFN area, such as UE 902. It is to be appreciated, however, the MCE 906 can determine 920 to continue the session based on received counting responses. Also, in this example, eNB 904 and MBMS-GW 910 can perform a IGMP leave 926 based on discontinuation of the MBMS. Moreover, as a result, eNB 904 can provide a related unicast service where one or more UEs are still registered to receive the service," (i.e., the UE can receive a message such as MBMS session stop, or continue to provide unicast services.)). However, Wang in view of Zhou do not explicitly disclose wherein the second broadcast message comprises first indication information, and the first indication information is useable to indicate a state of the network device; and determining the state of the network device based on the first indication information, wherein the state of the network device comprises a first state, a second state, or a third state; wherein in the first state, the network device allows access of the terminal device, and the network device sends a common signal in a first period; or in the third state, the network device prohibits access of the terminal device. Kadiri discloses wherein the method further comprises: receiving a second broadcast message from the network device (paragraph [0107], Fig.3, "In operation 326, the base station 304 may transmit an access rejection message that indicates, to the user equipment 302, that the request to establish or resume the RRC connected state is denied based on not permitting the user equipment 302 to establish or resume the RRC connected state for receiving the multicast broadcast services." and paragraph [0108], Fig.3, "the base station 304 may bar the user equipment from entering the RRC connected state to receive the one or more multicast broadcast services responsive to the access message indicating that the user equipment is attempting at least one of establishing access to the one or more multicast broadcast services or resuming access to the one or more multicast broadcast services." (i.e., The "blocking" will be clear with paragraph 109.)), wherein the second broadcast message comprises first indication information, and the first indication information is useable to indicate a state of the network device (paragraph [0105], “In certain embodiments, when the access message includes a resume cause, the base station 304 may identify that the user equipment 302 is allowed to enter the RRC connected state for receiving the multicast broadcast services regardless of whether a quantity of user equipment (UEs) camped on the base station 304 is above a threshold.” and paragraph [0109], Fig.3, " For example, the base station 304 may prioritize a first type of multicast broadcast service over a second type of multicast broadcast service. When, for example, a quality of service is relatively high for multicast broadcast services at the base station 304, the base station 304 may permit the user equipment 302 to enter the RRC connected state to receive access to both the first type of multicast broadcast service and the second type of multicast broadcast service. However, when, for example, a quality of service is relatively low for multicast broadcast services at the base station 304, the base station 304 may permit the user equipment 302 to enter the RRC connected state to receive access to the first type of multicast broadcast service, but not allow the user equipment 302 to enter the RRC connected state to receive access to the second type of multicast broadcast service." (i.e., paragraph 109 shows the base station is permitting the UE RRC for only a specific type of service. The type of service could be in regards to Wang requesting the user device for counting. Paragraph 105 is to show the base station can still accept RRC connection even when the base station has a number of UE above a threshold.)); and determining the state of the network device based on the first indication information (paragraph [0107], Fig.3, "For example, the base station 304 may identify whether the user equipment is allowed to enter into the RRC connected state for receiving multicast broadcast services based on access message while the base station 304 is in an overload condition." (i.e., the base station indicating the user to enter RRC connected for first type of multicast broadcast service.)), wherein the state of the network device comprises a first state, a second state, or a third state (paragraph [0107], Fig.3, "due to the base station overload condition." (i.e., the base station is in the third state. “A first state, a second state” is reading as optional and thus not given patentable weight.)); or in the third state, the network device prohibits access of the terminal device (paragraph [0109], Fig.3, "…However, when, for example, a quality of service is relatively low for multicast broadcast services at the base station 304, the base station 304 may permit the user equipment 302 to enter the RRC connected state to receive access to the first type of multicast broadcast service, but not allow the user equipment 302 to enter the RRC connected state to receive access to the second type of multicast broadcast service." (i.e., prohibit access for second type of multicast broadcast services because of the overload condition.)). Wang in view of Zhou and Kadiri are considered to be analogous to the claimed invention because they are in the same field wireless communications. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Wang to implement the method of Kadiri base station to allow the UE to RRC connected for certain cervices in order to reduce overhead and data throughput in order to improve the quality of multicast broadcast services and may also reduce overload condition (Kadiri, paragraph [0025], “when the one or more access control parameters are associated with a first multicast broadcast service, but not a second (e.g., different) multicast broadcast service, the UE may transmit an access request message when the UE seeks to receive the first multicast broadcast service and abstain from transmitting the access request message when the UE seeks to receive the second multicast broadcast service (and not the first multicast broadcast service). This may allow the base station to limit a quantity of UEs camping on the cell in an RRC connected state to only UEs seeking to use one or more particular multicast broadcast services to reduce/limit overhead and/or data throughput… Controlling a quantity of UEs and/or a data rate through the base station may allow the base station to increase the feedback for improving the reliability or quality of multicast broadcast services and may also prevent or reduce the occurrences of an overload condition.”). Regarding Claim 11, Wang in view of Zhou in further view of Kadiri discloses all the limitation of claim 10. Kadiri further discloses wherein the state of the network device is determined based on the quantity of terminal devices within coverage of the network device (paragraph [0063], Fig.3, "If a base station has an overload condition where a quantity of UEs, that is greater than a threshold quantity, are in a connected state with a cell of the base station, then the base station may configure a barring factor and/or a barring time to delay the UE from transmitting an access message or to increase the likelihood of delaying the transmission of the access message by the UE. Delaying the UE from transmitting the access message may allow enough time for one or more other UEs to drop off the base station and reduce the quantity of UE in the RRC connected state to a quantity below a threshold quantity alleviating congestion at the base station." (i.e., the state of the base station is depended on the number of UEs.)). The proposed combination as well as the motivations for combining the references presented in the rejection of the parent claim apply to this claim and are incorporated herein by reference. Regarding Claim 12, Wang in view of Zhou in further view of Kadiri discloses all the limitation of claim 11. Kadiri further discloses the state of the network device is (paragraph [0063], Fig.3, "If a base station has an overload condition where a quantity of UEs, that is greater than a threshold quantity, are in a connected state with a cell of the base station, then the base station may configure a barring factor and/or a barring time to delay the UE from transmitting an access message or to increase the likelihood of delaying the transmission of the access message by the UE. Delaying the UE from transmitting the access message may allow enough time for one or more other UEs to drop off the base station and reduce the quantity of UE in the RRC connected state to a quantity below a threshold quantity alleviating congestion at the base station."). The proposed combination as well as the motivations for combining the references presented in the rejection of the parent claim apply to this claim and are incorporated herein by reference. Regarding Claim 20, which is similar in scope to claim 10, thus rejected under the same rationale. Regarding Claim 21, which is similar in scope to claim 11, thus rejected under the same rationale. Regarding Claim 22, which is similar in scope to claim 12, thus rejected under the same rationale. Regarding Claim 26, which is similar in scope to claim 10, thus rejected under the same rationale. Regarding Claim 27, which is similar in scope to claim 11, thus rejected under the same rationale. Regarding Claim 28, which is similar in scope to claim 12, thus rejected under the same rationale. (Alternative Rejection for) Claim(s) 10-12, 20-22, and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US-20120202493-A1) in view of Zhou (US-20210377852-A1) in further view of XU (US-20180288576-A1). (Alternative Rejection) Regarding Claim 10, Wang in view of Zhou discloses all the limitation of claim 9. Wang further discloses wherein the method further comprises: receiving a second broadcast message from the network device (paragraph [0114], Fig.9:924, " In this example, the eNB 904 can transmit a MBMS session stop 924 over MCCH to UEs that are in MBSFN area, such as UE 902. It is to be appreciated, however, the MCE 906 can determine 920 to continue the session based on received counting responses. Also, in this example, eNB 904 and MBMS-GW 910 can perform a IGMP leave 926 based on discontinuation of the MBMS. Moreover, as a result, eNB 904 can provide a related unicast service where one or more UEs are still registered to receive the service," (i.e., the UE can receive a message such as MBMS session stop, or continue to provide unicast services.)). However, Wang in view of Zhou do not explicitly disclose wherein the second broadcast message comprises first indication information, and the first indication information is useable to indicate a state of the network device; and determining the state of the network device based on the first indication information, wherein the state of the network device comprises a first state, a second state, or a third state; wherein in the first state, the network device allows access of the terminal device, and the network device sends a common signal in a first period; or in the third state, the network device prohibits access of the terminal device. XU discloses wherein the method further comprises: receiving a second broadcast message from the network device (paragraph [0154], Fig.10, “At act S1008, the UE receiving the MSI performs further processing. The UE receives the MSI, and takes a next action according to the content of the MSI.”), wherein the second broadcast message comprises first indication information, and the first indication information is useable to indicate a state of the network device (paragraph [0143], Fig.10, “At act S1006, the eNB configures and sends the MSI.” and paragraph [0145], “The eNB configures the MSI and sends the MSI at the time indicated by the timestamp. The MSI includes a reserved value used for indicating that the corresponding LCID is to be suspended, and a content of the MSI is shown in Table 10 and Table 11.” And paragraph [0147], “In Table 10, LCID2 is an MBMS to be suspended,” (i.e., the UE receives MSI wherein discloses information for the UE about the state of MBMS, see table 10 and 11 on page 16 or par.147;148.)); and determining the state of the network device based on the first indication information (paragraph [0139], Fig.10, “At act S1002, a network element determines an MBMS to be suspended. The predetermined network element (network unit) in the embodiment of the present disclosure includes any one of: an MCE, an MME, an MBMS-GW, a BM-SC, an OAM and a GCS AS…Before the act, an eNB may send congestion or overload indication information to the MCE or OAM. Congestion or overload may refer to multicast bearer user plane congestion or overload. The MCE or OAM receives the congestion or overload indication information, and determines the MBMS to be suspended.” and paragraph [0154], Fig.10, “If the MBMS the UE is receiving or is interested in receiving is to be suspended, the UE sends indication information, indicating that the service which is being received is to be interrupted, to the GCS AS through application layer signaling.” and paragraph [0156], “At the same time of sending the indication information to the AS, the UE performs the following operation according to the indication of the MSI: continuing reading data of an unsuspended MBMS (corresponding stop MTCH is a normal value) or stopping reading the suspended MBMS (corresponding stop MTCH=2047).” (i.e., UE is determining the eNB is congested based on the received MSI and determining the MBMS is being suspended.)), wherein the state of the network device comprises (paragraph [0139], Fig.10, “Before the act, an eNB may send congestion or overload indication information to the MCE or OAM. Congestion or overload may refer to multicast bearer user plane congestion or overload.”); in the third state, the network device prohibits access of the terminal device (paragraph [0134], “a network element determines an MBMS to be suspended, and sends indication information to an eNB, including a suspended MBSFN area ID, a service ID and a timestamp. The eNB sends MSI to influenced UEs at a time indicated by the timestamp, the MSI including a reserved value used for notifying the UE of an MBMS to be suspended. The UE performs further processing after receiving the MSI.” and paragraph [0137], “Service suspending in the embodiment of the present disclosure may refer to that an eNB stops sending of a service (which may continue to be sent in a core network) in an access network and releases a corresponding access network resource.”). Wang in view of Zhou and Xu are considered to be analogous to the claimed invention because they are in the same field wireless communications. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Wang to implement the method of Xu suspending MBMS in order to reduce service interruption, ensure communication service continuity, and increase user experience (Xu, paragraph [0134], “When the MBMS is suspended, service interruption time during suspending may be reduced, communication service continuity of the MBMS may be ensured, and user experiences may be improved.”). (Alternative Rejection) Regarding Claim 11, Wang in view of Zhou in further view of Xu discloses all the limitation of claim 10. Xu further discloses wherein the state of the network device is determined based on the quantity of terminal devices within coverage of the network device (paragraph [0139], Fig.10, " In a first manner, an MBMS counting procedure collects statistics about the number of influenced UE, and selects to suspend a corresponding MBMS of which the number of influenced UEs is relatively small according to a statistical result… Specifically, the MCE or OAM comprehensively determines the MBMS to be suspended based on one or more of the following conditions: a counting result," (i.e., the state of the base station is depended on the number of UEs.)). The proposed combination as well as the motivations for combining the references presented in the rejection of the parent claim apply to this claim and are incorporated herein by reference. (Alternative Rejection) Regarding Claim 12, Wang in view of Zhou in further view of Xu discloses all the limitation of claim 11. Xu further discloses the state of the network device is (paragraph [0139], “Congestion or overload may refer to multicast bearer user plane congestion or overload. The MCE or OAM receives the congestion or overload indication information, and determines the MBMS to be suspended.” and paragraph [0158], " the eNB sends user plane congestion or overload indication information to the MCE. In an exemplary embodiment, whether MBMS user plane data is congested or overloaded or not is detected through one or more eNBs, where occurrence of congestion or overload to the one or more eNBs indicates that an MBSFN area to which the one or more eNBs belongs is congested or overloaded. Congestion may refer to that a user plane data load reaches a preset threshold value. Overload may refer to that a network node may not be able to continue processing an additional user plane data load… The eNB may judge whether the MBMS user plane data is congested or overloaded or not according to a preset rule, that is, the congestion or overload judgment condition is predefined, and if the eNB may determine that the predefined congestion or overload judgment condition is met by judgment, it may be determined that congestion or overload has occurred. The congestion or overload judgment condition," (i.e., It is obvious when Xu referrers to overload condition of the eNB based on the number of devices equal to the threshold.)). The proposed combination as well as the motivations for combining the references presented in the rejection of the parent claim apply to this claim and are incorporated herein by reference. (Alternative Rejection) Regarding Claim 20, which is similar in scope to (Alternative Rejection) claim 10, thus rejected under the same rationale. (Alternative Rejection) Regarding Claim 21, which is similar in scope to (Alternative Rejection) claim 11, thus rejected under the same rationale. (Alternative Rejection) Regarding Claim 22, which is similar in scope to (Alternative Rejection) claim 12, thus rejected under the same rationale. (Alternative Rejection) Regarding Claim 26, which is similar in scope to (Alternative Rejection) claim 10, thus rejected under the same rationale. (Alternative Rejection) Regarding Claim 27, which is similar in scope to (Alternative Rejection) claim 11, thus rejected under the same rationale. (Alternative Rejection) Regarding Claim 28, which is similar in scope to (Alternative Rejection) claim 12, thus rejected under the same rationale. Claim(s) 13-14, 23-24, and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US-20120202493-A1) in view of Zhou (US-20210377852-A1) in further view of FUJISHIRO (US-20200187245-A1). Regarding Claim 13, Wang in view of Zhou discloses all the limitation of claim 9. Wang further discloses receiving a third broadcast message from the network device (paragraph [0124], Fig.11, "In addition, eNB 1106 can provide a MBSFNAreaConfiguration 1118 over the MCCH. The UEs 1102 and/or 1104 receive a service announcement 1120 over an MBMS bearer or over a unicast bearer, which can originate from BM-SC 1114 and be broadcast by eNB 1106." and paragraph [0125], Fig.11, "UE 1102 can receive the Counting Request in a paging signal from eNB 1106…” (i.e., Applicant specification states third broadcast message can be the same message as first broadcast message, see applicant specification paragraph 148.)). However, Wang in view of Zhou do not disclose wherein the third broadcast message comprises second indication information, and the second indication information is useable to indicate a maximum quantity of times that one terminal device is configured to send the preamble sequence preamble sequence preamble sequence second information on the at least the portion of the one or more first resources based on the maximum quantity of times. FUJISHIRO discloses wherein the method further comprises: receiving a third broadcast message from the network device (paragraph [0081], Fig.7, "In step S1001, the eNB 200 transmits physical random access channel (PRACH) related information by broadcast signaling (for example, SIB). (i.e., Examiner reading third broadcast message is the same as the first broadcast message.)), wherein the third broadcast message comprises second indication information (paragraph [0081], Fig.7 “The PRACH related information includes various parameters… Various parameters include a reference signal received power (RSRP) threshold, a PRACH resource, and the maximum number of times of preamble transmissions.”), and the second indication information is useable to indicate a maximum quantity of times that one terminal device is configured to send the preamble sequence (paragraph [0081], Fig.7, " Various parameters include…the maximum number of times of preamble transmissions." (i.e., FUJISHIRO discloses sending the maximum number of preamble transmissions using the PRACH resource.)), and the sending the preamble sequence second information on at least the portion of the one or more first resources comprises (FUJISHIRO paragraph [0085-86], Fig.7:S1005, disclose UE sending second information on the one or more first resources.): sending the preamble sequence (paragraph [0085] Fig.7:S1005, “In step S1005, the UE 100 transmits Msg1 (random access preamble) to the eNB 200 using the selected PRACH resource.” and paragraph [0086], “The UE 100 can transmit the Msg1 plural times up to the maximum number of times of preamble transmissions corresponding to its own enhanced coverage level until the UE 100 normally receives the Msg2.” (i.e., the UE sends the random-access preamble on selected PRACH resource and the selected PRACH resource is the portion of first resources. Par.81 and Par.86 disclose a maximum number of times the preamble is send.)). Wang in view of Zhou and FUJISHIRO are considered to be analogous to the claimed invention because they are in the same field wireless communications. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Wang to implement the method of FUJISHIRO of sending the preamble sequence based on the maximum quantity of times because the method provides the UE with Enhanced Coverage (EC) enabling the UE of reattempting contact with the eNB in order to insure message delivery and communication reliability (FUJISHIRO, paragraph [0077], “The eMTC UE and the NB-IoT UE support an enhanced coverage (EC) function using repeated transmission or the like in order to realize coverage extension. The enhanced coverage function may include repetition that repeatedly transmits the same signal using a plurality of subframes. The coverage can be extended as the number of times of repetitions increases. The enhanced coverage function may include power boosting that increases a power density of the transmitted signal. As an example, the power density increases by narrowband transmission that narrows the frequency bandwidth of the transmitted signal. The coverage can be extended as the power density of the transmitted signal increases. The enhanced coverage function may include lower MCS transmission that lowers the MCS used for the transmitted signal. The coverage can be extended by performing transmission using MCS with a low data rate and high error tolerance.”). Regarding Claim 14, Wang in view of Zhou discloses all the limitation of claim 9. Wang in view of Zhou do not explicitly disclose wherein the first information comprises resource configuration information, and the resource configuration information is useable to configure the one or more first resources; and the resource configuration information comprises a time domain offset value, the time domain offset value is an offset value of a time domain position of a first resource of the one or more first resources relative to a time domain position of the first message, and the frequency domain offset value is an offset value of a frequency domain position of the first resource of the one or more first resources relative to a frequency domain position of the first message; and the method further comprises: determining the one or more first resources based on the first information. FUJISHIRO discloses wherein the first information comprises resource configuration information (paragraph [0081], Fig.7, " the eNB 200 transmits physical random access channel (PRACH)…The PRACH related information includes various parameters…a PRACH resource, … The PRACH resource includes a radio resource " (i.e., the UE will use radio resource to send first message to eNB.)), and the resource configuration information is useable to configure the one or more first resources (paragraph [0083], Fig.7:S1003, "the UE 100 determines its own enhanced coverage level (CE level) by comparing the measured RSRP with the RSRP threshold for each enhanced coverage level…" and paragraph [0084], Fig.7:S1004, "In step S1004, the UE 100 selects the PRACH resource corresponding to its own enhanced coverage level." (i.e., once the UE determines the coverage more explained in par.77 and par.80, the limitation “is useable to configure” is reading on par.84 UE selects the PRACH resource as the UE will use the resource to specify the subframe or slot or resource block to communicate with eNB, par.70)); and the resource configuration information comprises a time domain offset value (paragraph [0081], "The PRACH resource includes a radio resource (time…resource)" (i.e., a radio resource that maps to “the resource configuration” and that comprises time and frequency resource.)) or a frequency domain offset value (paragraph [0081], "The PRACH resource includes a radio resource (…frequency resource)"), the time domain offset value (Par.70, Fig.5, a subframe (or slot)) is an offset value of a time domain position (Par.70, Fig.5, time resource) of a first resource (Par.70, Fig.5, radio resource) of the one or more first resources relative to a time domain position (par.172, Fig.14, PRACH resource pool…time direction) of the first message (paragraph [0070], Fig.5, " Of the radio resources (time/frequency resources) allocated to the UE 100,…a time resource can be specified by a subframe (or slot)." and paragraph [0084], Fig.7:S1004, "In step S1004, the UE 100 selects the PRACH resource corresponding to its own enhanced coverage level." and paragraph [0172], Fig.14 “FIG. 14 is a diagram illustrating an example of a PRACH resource configuration…Each of the PRACH resource pools may be divided in the time direction.” (i.e., explanation of the time resource allocated by the eNB send to the UE to then use to transmit second information.)), and the frequency domain offset value is an offset value (Par.70, Fig.5, a resource block) of a frequency domain position (Par.70, Fig.5, frequency resource) of the first resource of the one or more first resources relative to a frequency domain position (par.172, Fig.14, PRACH resource pool…frequency direction) of the first message (paragraph [0070], Fig.5, " Of the radio resources (time/frequency resources) allocated to the UE 100, a frequency resource can be specified by a resource block," and paragraph [0084], Fig.7:S1004, "In step S1004, the UE 100 selects the PRACH resource corresponding to its own enhanced coverage level." and paragraph [0172], Fig.14 “FIG. 14 is a diagram illustrating an example of a PRACH resource configuration…Each of the PRACH resource pools is divided in a frequency direction and divided into a plurality of resource groups.” (i.e., Examiner points to par.172 and Fig.14 of PRACH resource and separated in time and frequency.)); and the method further comprises: determining the one or more first resources based on the first information (paragraph [0081], Fig.7, “eNB 200 transmits physical random access channel (PRACH) related information…The PRACH related information includes various parameters…Various parameters include…a PRACH resource…The PRACH resource includes a radio resource (time/frequency resource)…” and paragraph [0084], “In step S1004, the UE 100 selects the PRACH resource corresponding to its own enhanced coverage level.” (i.e., as disclosed earlier in claim 14 rejection Fig.7:S1004 is UE selecting the PRACH resource to send second information and the PRACH resource is obtained from eNB broadcasting to the UE.)). Wang in view of Zhou and FUJISHIRO are considered to be analogous to the claimed invention because they are in the same field wireless communications. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Wang to implement the method of FUJISHIRO of sending the preamble sequence on the one or more resources based on the first information because such a modification is the result of applying a known technique to a known device ready for improvement to yield predictable result. More specifically, FUJISHIRO allows sending messages between UE and eNB without connecting to RRC connection thus allow a reduce overhead, and furthermore, allowing a more accuracy counting of UE that are unable to connect to RRC connection based on the limited allowable of data indicated by the SIB (FUJISHIRO, paragraph [0004], “A communication control method according to one embodiment is a method in a mobile communication system. The communication control method comprises steps of: transmitting, by a base station, a system information block (SIB) indicating that an allowable amount of data allowed to be transmitted in an early data transmission which transmits uplink user data using message 3 during a random access procedure; receiving, by a radio terminal in an RRC idle mode, the SIB; and determining, by the radio terminal, to perform the early data transmission when an amount of transmission data to the base station is less than or equal to the allowable amount of data indicated by the SIB.”). Regarding Claim 23, which is similar in scope to claim 13, thus rejected under the same rationale. Regarding Claim 24, which is similar in scope to claim 14, thus rejected under the same rationale. Regarding Claim 29, which is similar in scope to claim 13, thus rejected under the same rationale. Regarding Claim 30, which is similar in scope to claim 14, thus rejected under the same rationale. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Erkin S. Abdullaev whose telephone number is (571)272-4135. The examiner can normally be reached Monday - Friday - 8:00 am - 5:00 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim can be reached at (571)272-7867. 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. ERKIN S. ABDULLAEV Examiner Art Unit 2648 /ERKIN ABDULLAEV/Examiner, Art Unit 2648 /WESLEY L KIM/Supervisory Patent Examiner, Art Unit 2648
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Prosecution Timeline

Mar 21, 2023
Application Filed
May 09, 2023
Response after Non-Final Action
Jul 09, 2025
Non-Final Rejection — §103, §112
Oct 14, 2025
Response Filed
Oct 31, 2025
Final Rejection — §103, §112
Feb 04, 2026
Response after Non-Final Action
Mar 05, 2026
Request for Continued Examination
Mar 09, 2026
Response after Non-Final Action
Mar 24, 2026
Non-Final Rejection — §103, §112 (current)

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

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+14.3%)
2y 11m
Median Time to Grant
High
PTA Risk
Based on 8 resolved cases by this examiner. Grant probability derived from career allow rate.

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