Prosecution Insights
Last updated: July 17, 2026
Application No. 18/206,432

WIRELESS COMMUNICATION METHOD AND DEVICE

Non-Final OA §103
Filed
Jun 06, 2023
Priority
Dec 08, 2020 — continuation of PCTCN2020134695
Examiner
RENNER, BRANDON M
Art Unit
2411
Tech Center
2400 — Computer Networks
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
3 (Non-Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
767 granted / 944 resolved
+23.3% vs TC avg
Strong +21% interview lift
Without
With
+21.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
47 currently pending
Career history
1001
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
81.4%
+41.4% vs TC avg
§102
4.9%
-35.1% vs TC avg
§112
7.3%
-32.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 944 resolved cases

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/25/2026 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 (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. Claim(s) 1-3, 8-10, 14-16, 21, 24-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Axmon et al. “Axmon” US 2024/0056960 in view of Hsieh et al. “Hsieh” US 2022/0271899. Regarding claim 1, Axmon teaches a terminal device (Figure 15), comprising: a processor, a memory and a transceiver, wherein the memory is configured to store a computer program, and the processor is configured to invoke and execute the computer program stored in the memory to perform a wireless communication method, comprising: obtaining first indication information, wherein the first indication information is used to indicate a first reference signal used in a processing procedure for a secondary cell, the processing procedure comprising activation (Figure 6 (310) Paragraph 88 shows a UE receiving signaling to activate secondary cells. A device receives a MAC-CE carrying this activation information. CSI-RS and SSB are also disclosed; Paragraphs 71-75. Paragraph 135 teaches SSB, TRS, and CSI-RS as reference signals that can be used); and executing the processing procedure based on the first indication information (step 320, the UE activates the cell; Paragraph 88), wherein the first indication information is used to instruct a terminal device to trigger the processing procedure for the secondary cell and is used to indicate the first reference signal used in the processing procedure (Figure 6 (310) Paragraph 88 shows a UE receiving signaling to activate secondary cells. Reference signal information is included as well; Paragraph 71 see also paragraph 135 which teaches CSI-RS, SSB and TRS), wherein the first indication information is carried in Media Access Control Element (MAC CE) (Paragraphs 71-75); executing based on the first indication comprises: executing, in an execution window, the processing procedure based on the first indication information (the UE receive an activation command and then activates the cell (See Figure 6 and paragraph 88. Paragraph 60 teaches SSB transmit according to an SMTC (SSB measurement time configuration) period); The first reference signal comprising at least one reference signal which is a default reference signal and the execution window is determined based on implementation of the terminal device (the UE is configured with SMTC (execution measurement window); Paragraph 61. Thus the window is viewed as determined based on the implementation of the terminal device. The CSI-RS from Paragraphs 71-75 and 135 is viewed as a default RS. As the claims do not define what a default RS is, any RS can be viewed as a default RS). Axmon teaches determining the interruption duration based on a duration of SMTC when the reference signal is SSB (paragraph 60 and Figure 3B). Axmon further teaches determining a duration of the processing procedure based on a measurement window for a reference signal required by the processing procedure for intra-band dual connectivity or carrier aggregation (The UE is configured for dual connectivity carrier aggregation; Paragraph 122. Paragraph 76 further teaches intra-band CA. Figure 3b and paragraph 60 show a measurement window for SSB measurement cycles). Axmon does not expressly disclose interrupts. Hsieh teaches the UE is configured for the scell during an interruption period. TRS and SSB are utilized with respect to the interruption period; paragraphs 77 and 86. Thus one can see a station can determine an interrupt period (duration) with respect to TRS/SSB when it comes to activation of a scell. The Examiner further notes that the interruption duration is based on the RS being SSB or TRS; however, as shown above, Axom was used to read upon the reference signal being a default RS. As the claim is written in the alternative, these limitations are further limiting an option that is not needed to be rejected in light of a default RS being rejected. Therefore, these limitations do not and any patentable weight. Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Axmon to include an interruption period as taught by Hsieh. One would be motivated to make the modification such that the UE can turn on an RF chain for transmission/reception of signals to the scell as taught by Hsieh; paragraph 58. Regarding claims 2 and 3, Axmon teaches the first reference signal includes a pilot signal that can be SSB, CSI-RS, or TRS (Paragraphs 71-75 teaches SSB and CSI-RS, Paragraph 135 further teaches TRS as potential reference signaling to be used). Regarding claims 8 and 14, Axmon teaches a wireless communication method and network device (Figure 16) comprising: a processor, a memory and a transceiver, wherein the memory is configured to store a computer program, and the processor is configured to invoke and execute the computer program stored in the memory to perform transmitting first indication information, wherein the first indication information is used to indicate a first reference signal used in a processing procedure for a secondary cell, the processing procedure comprising activation (Figure 6 (310) Paragraph 88 shows a UE receiving signaling to activate secondary cells. A device receives a MAC-CE carrying this activation information. CSI-RS and SSB are also disclosed; Paragraphs 71-75. Paragraph 135 teaches SSB, TRS, and CSI-RS as reference signals that can be used); and wherein the first indication information is used to instruct a terminal device to trigger the processing procedure for the secondary cell and is used to indicate the first reference signal used in the processing procedure (Figure 6 (310) Paragraph 88 shows a UE receiving signaling to activate secondary cells. Reference signal information is included as well; Paragraph 71 see also paragraph 135 which teaches CSI-RS, SSB and TRS), wherein the first indication information is carried in Media Access Control Control Element (MAC CE) (Paragraphs 71-75); wherein: the first reference signal includes at least one reference signal which is a default reference signal and the execution window is determined based on implementation of the terminal device (the UE is configured with SMTC (execution measurement window); Paragraph 61. Thus the window is viewed as determined based on the implementation of the terminal device. The CSI-RS from Paragraphs 71-75 and 135 is viewed as a default RS. As the claims do not define what a default RS is, any RS can be viewed as a default RS); Axmon teaches determining the interruption duration based on a duration of SMTC when the reference signal is SSB (paragraph 60 and Figure 3B). Axmon further teaches determining a duration of the processing procedure based on a measurement window for a reference signal required by the processing procedure for intra-band dual connectivity or carrier aggregation (The UE is configured for dual connectivity carrier aggregation; Paragraph 122. Paragraph 76 further teaches intra-band CA. Figure 3b and paragraph 60 show a measurement window for SSB measurement cycles). Axmon does not expressly disclose interrupts. Hsieh teaches the UE is configured for the scell during an interruption period. TRS and SSB are utilized with respect to the interruption period; paragraphs 77 and 86. Thus one can see a station can determine an interrupt period (duration) with respect to TRS/SSB when it comes to activation of a scell. The Examiner further notes that the interruption duration is based on the RS being SSB or TRS; however, as shown above, Axom was used to read upon the reference signal being a default RS. As the claim is written in the alternative, these limitation are further limiting an option that is not needed to be rejected in light of a default RS being rejected. Therefore, these limitations do not and any patentable weight. Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Axmon to include an interruption period as taught by Hsieh. One would be motivated to make the modification such that the UE can turn on an RF chain for transmission/reception of signals to the scell as taught by Hsieh; paragraph 58. Regarding claims 9, 10, 15, 16, Axmon teaches the first reference signal includes a pilot signal that can be SSB, CSI-RS, or TRS (Paragraphs 71-75 teaches SSB and CSI-RS, Paragraph 135 further teaches TRS as potential reference signaling to be used). Regarding claim 21, Axmon teaches the indication information indicates a number of reference signal cycles or measurements cycles for the at least one reference signal (based on the activation command, the UE selects SCell activation can be based on which one has the shortest measurement cycles; Paragraph 98. Paragraphs 60 further teaches the use of an SMTC cycle (i.e. one measurement cycle) which is viewed as the indication information indicating 1 cycle). Regarding claim 24, Axmon teaches the indication includes capability information needed to be supported by the terminal in the processing procedure (Paragraph 88 teaches the base station sending a UE a signal which tells the UE to activate the plurality of secondary cells. The base station is thus indicating to the UE that it needs to be capable of activating secondary cells (i.e. capability for processing procedure). Paragraphs 121, 123, and 124 show that a UE may or may not be capable or performing certain activation functions). Regarding claim 25, Axmon teaches the indication information indicates a number of reference signal cycles or measurements cycles for the at least one reference signal (based on the activation command, the UE selects SCell activation can be based on which one has the shortest measurement cycles; Paragraph 98. Paragraphs 60 further teaches the use of an SMTC cycle (i.e. one measurement cycle) which is viewed as the indication information indicating 1 cycle). Regarding claim 26, Axmon teaches the indication information indicates a number of reference signal cycles or measurements cycles for the at least one reference signal (based on the activation command, the UE selects SCell activation can be based on which one has the shortest measurement cycles; Paragraph 98. Paragraphs 60 further teaches the use of an SMTC cycle (i.e. one measurement cycle) which is viewed as the indication information indicating 1 cycle). Regarding claim 27, Axmon teaches the indication includes capability information needed to be supported by the terminal in the processing procedure (Paragraph 88 teaches the base station sending a UE a signal which tells the UE to activate the plurality of secondary cells. The base station is thus indicating to the UE that it needs to be capable of activating secondary cells (i.e. capability for processing procedure). Paragraphs 121, 123, and 124 show that a UE may or may not be capable or performing certain activation functions). Regarding claim 28, Axmon teaches the indication includes capability information needed to be supported by the terminal in the processing procedure (Paragraph 88 teaches the base station sending a UE a signal which tells the UE to activate the plurality of secondary cells. The base station is thus indicating to the UE that it needs to be capable of activating secondary cells (i.e. capability for processing procedure). Paragraphs 121, 123, and 124 show that a UE may or may not be capable or performing certain activation functions). Claim(s) 22, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Axmon in view of Hsieh in view of Hakola et al. “Hakola” US 2021/0051590. Regarding claim 22, Axom does not expressly disclose transmitting a UE capability; however, Hakola teaches transmitting UE capability information with respect to the processing procedure (the UE informs the base station of the capabilities of the UE to perform things such as reference signal measuring and secondary cell activation; Paragraph 38). Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Axmon to include sending UE capabilities as taught by Hakola. One would be motivated to make the modification such that the network knows what capabilities the UE can perform as taught by Hakola; Paragraph 38. Regarding claim 23, Axom does not expressly disclose the capability information is with respect to fast processing and interrupt time; however, Hakola teaches the UE informs the base station of the capabilities of the UE to perform things such as reference signal measuring and secondary cell activation. Further these capabilities include reference signal and TRS information as well as time required/interrupt time; Paragraph 38). Thus it would have been obvious to one of ordinary skill in the art at the time of the effective filing to modify the teachings of Axmon to include sending UE capabilities with respect to TRS and interrupt time as taught by Hakola. One would be motivated to make the modification such that the network knows what capabilities the UE can perform as taught by Hakola; Paragraph 38. Response to Arguments Applicant's arguments filed 2/3/2026 have been fully considered but they are not persuasive. Regarding the independent claims, Applicant argues Axom does not define the execution window in terms of SSB and TRS. The Examiner notes the claim language is written in the alternative. As shown in the newly formed rejection, Axom is now used to read on the claimed “default RS” where the execution window is based on the terminal device. Thus, the argument regarding SSB and TRS are moot as they are not required by the claim language. Regarding the arguments for limitation b), The Examiner notes that none of these limitations are required by the claim language. The interrupt duration based on the reference signal being SSB or TRS. Since the Examiner is now rejecting the default RS as shown in the rejection above, these limitations are moot since they are defining optional limitation that were not chosen. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON M RENNER whose telephone number is (571)270-3621. The examiner can normally be reached Monday-Friday 7am-5pm EST. 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, Derrick Ferris can be reached at (571)-272-3123. 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. /BRANDON M RENNER/Primary Examiner, Art Unit 2411
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Prosecution Timeline

Jun 06, 2023
Application Filed
Aug 05, 2025
Non-Final Rejection mailed — §103
Nov 03, 2025
Response Filed
Dec 03, 2025
Final Rejection mailed — §103
Feb 03, 2026
Response after Non-Final Action
Feb 25, 2026
Request for Continued Examination
Mar 08, 2026
Response after Non-Final Action
Jun 03, 2026
Non-Final Rejection mailed — §103 (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
81%
Grant Probability
99%
With Interview (+21.0%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 944 resolved cases by this examiner. Grant probability derived from career allowance rate.

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