Prosecution Insights
Last updated: October 25, 2026
Application No. 18/209,242

Beam Failure Recovery Procedure for Multiple Cells

Non-Final OA §103
Filed
Jun 13, 2023
Priority
Dec 18, 2020 — provisional 63/127,637 +1 more
Examiner
MILLER, GARY ADDISON ELDO
Art Unit
2417
Tech Center
2400 — Computer Networks
Assignee
Ofinno LLC
OA Round
3 (Non-Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
67%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
10 granted / 15 resolved
+8.7% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
19 currently pending
Career history
50
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
71.2%
+31.2% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 15 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/8/2026 has been entered. Response to Amendment The amendment filed 9/8/2026 has been accepted and entered. Accordingly, claims 1, 11, and 16 have been amended. Claims 1-20 are pending in this application. Response to Arguments Applicant’s arguments with respect to claims 1, 11, and 16 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 § 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. Claims 1-9 and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (US 2022/0224393 A1), hereinafter “Gao”, in view of Kung et al. (US 2022/0085862 A1), hereinafter “Kung”, further in view of Guan (English translation of CN 111756458 A), hereinafter “Guan”, and further in view of Matsumura et al. (US 2023/0309178 A1), hereinafter “Matsumura”. Re. Claim 1, Gao teaches: A wireless device (¶0035 FIG. 1 shows an example system diagram including a wireless communication device 102) comprising: one or more processors; (¶0035 The wireless communication device 102 may include transceiver circuitry 106 coupled to an antenna 108 to effect wireless communication with the wireless communication node 104. The transceiver circuitry 106 may also be coupled to a processor 110,) and memory storing instructions that, when executed by the one or more processors, cause the wireless device to: (¶0035 memory 112 may store therein instructions or code that, when read and executed by the processor 110, cause the processor 110 to implement various ones of the methods described herein.) receive, based on a first reference signal (RS), first downlink signals via a first cell and a second cell; (Fig. 3 [i.e. communication with first cell through Nth cell] & ¶0027 in one configuration a wireless communication device may include a Pcell with DL capabilities and UL capabilities (e.g., below 6 GHz), but may also include one or several Scells with DL capabilities & ¶0030 One or more downlink reference signals (DL RSs) are configured [i.e. first reference signals], or implicitly derived, for beam failure detection & ¶0038 determining that a cell fails at 310 (e.g., a first cell 302 up to an nth cell 304, which beam failure events are detected at 306 and 308) & ¶0041 the wireless communication device 102 determines a beam failure event for a first cell according to channel qualities corresponding to one or more reference signal (RS) resources transmitted by the wireless communication node 404 [i.e. channel qualities from downlink signals via multiple cells]. The beam failure event may apply to a single first cell or a cell group to which the first cell belongs. In various embodiments, the first cell is an Scell, though the first cell may be a Pcell or PScell in other approaches.) trigger, in response to detecting a first beam failure of the first cell, a beam failure recovery (BFR) for the first cell; (¶0026 A wireless radio link recovery procedure, also referred to as a beam recovery procedure, has previously been adopted for 5G NR & ¶0041 the wireless communication device 102 determines a beam failure event for a first cell [i.e. determining a beam failure event] according to channel qualities corresponding to one or more reference signal (RS) resources transmitted by the wireless communication node 404. The beam failure event may apply to a single first cell or a cell group to which the first cell belongs & ¶0047 the wireless communication device 102 transmits to the wireless communication node 104 the beam recovery request message on the PUSCH resource. In this embodiment, the beam recovery request message comprises an index (e.g., identification) of the first cell [i.e. a beam failure recovery is triggered for the first cell, in response to detecting the beam failure event]) transmit a message indicating a second RS as a candidate beam for the BFR; (¶0031 One or more DL RSs are configured as candidate RSs for a new candidate beam [i.e. a second RS as a candidate beam for the beam recovery process]. & ¶0047-¶0048 the wireless communication device 102 determines that a PUSCH resource is available for transmitting a beam recovery request message. the beam recovery request message includes index(es) of the failed cells and new candidate beam index(es) for the failed cell(s) [i.e. a message from wireless device indicating the second RS as a candidate beam for the BFR], if found. If no new candidate beam for the failed cell(s) is found, an indication that no candidate beam or candidate reference signal is identified for the cell can be delivered in the beam recovery request message.) Yet, Gao does not explicitly teach: based on completing the BFR for the first cell and the first cell and second cell being comprised in a configured simultaneous common beam update cell list, reset: a first beam failure instance (BFI) counter for the first cell; and a second BFI counter for the second cell; However, in the analogous art, Kung teaches such limitations: based on completing the BFR for the first cell (¶0387 The UE may set counters of the multiple counters of the cell (e.g., all counters of the multiple counters of the cell) to zero in response to completion of the BFR procedure, wherein the BFR procedure comprises initiating the random access procedure for BFR (e.g., SpCell BFR) of the cell. & ¶0390 The UE maintains and/or is configured with two counters for beam failure detection, where each counter of the two counters is associated with a TRP of the two TRPs. For example, the two counters may comprise BFI_COUNTER 1 (shown with reference number 810) associated with TRP 1 and BFI_COUNTER 2 (shown with reference number 812) associated with TRP 2. Based on (e.g., in response to) the BFI_COUNTER 1 being larger than or equal to the threshold 830 (e.g., beamFailureInstanceMaxCount), the UE may trigger a BFR for TRP 1. the UE may initiate 806 a random access procedure (for SpCell BFR, for example) to a network. At timing t3, in response to completion 808 of the random access procedure, the UE may set the BFI_COUNTER 1 to zero and BFI_COUNTER 2 to zero (e.g., the UE sets the counter value of the BFI_COUNTER 1 to zero and sets the counter value of the BFI_COUNTER 2 to zero).& ¶0396 the first TRP and the second TRP may be associated with different cells (such as where the first TRP is associated with a first cell and the second TRP is associated with a second cell different than the first cell). [i.e. when random access procedure used for beam failure recovery of first TRP is completed a BFI counter for a first TRP (first cell) is set to zero (reset)]) wherein the first BFI counter counts beam failure instances of the first cell; (Fig. 7 & ¶0390 The UE maintains and/or is configured with two counters for beam failure detection, where each counter of the two counters is associated with a TRP of the two TRPs. For example, the two counters may comprise BFI_COUNTER 1 (shown with reference number 810) associated with TRP 1 and BFI_COUNTER 2 (shown with reference number 812) associated with TRP 2. & ¶0396 the first TRP and the second TRP may be associated with different cells (such as where the first TRP is associated with a first cell and the second TRP is associated with a second cell different than the first cell). [i.e. first BFI counter is for first TRP (first cell)]) and a second BFI counter for the second cell, (¶0387 The UE may set counters of the multiple counters of the cell (e.g., all counters of the multiple counters of the cell) to zero in response to completion of the BFR procedure, wherein the BFR procedure comprises initiating the random access procedure for BFR (e.g., SpCell BFR) of the cell. & ¶0390 The UE maintains and/or is configured with two counters for beam failure detection, where each counter of the two counters is associated with a TRP of the two TRPs. For example, the two counters may comprise BFI_COUNTER 1 (shown with reference number 810) associated with TRP 1 and BFI_COUNTER 2 (shown with reference number 812) associated with TRP 2. Based on (e.g., in response to) the BFI_COUNTER 1 being larger than or equal to the threshold 830 (e.g., beamFailureInstanceMaxCount), the UE may trigger a BFR for TRP 1. the UE may initiate 806 a random access procedure (for SpCell BFR, for example) to a network. At timing t3, in response to completion 808 of the random access procedure, the UE may set the BFI_COUNTER 1 to zero and BFI_COUNTER 2 to zero (e.g., the UE sets the counter value of the BFI_COUNTER 1 to zero and sets the counter value of the BFI_COUNTER 2 to zero).& ¶0396 the first TRP and the second TRP may be associated with different cells (such as where the first TRP is associated with a first cell and the second TRP is associated with a second cell different than the first cell). [i.e. when random access procedure used for beam failure recovery of first TRP is completed a BFI counter for a second TRP (second cell) is set to zero (reset)]) wherein the second BFI counter counts beam failure instances of the second cell; (Fig. 7 & ¶0390 The UE maintains and/or is configured with two counters for beam failure detection, where each counter of the two counters is associated with a TRP of the two TRPs. For example, the two counters may comprise BFI_COUNTER 1 (shown with reference number 810) associated with TRP 1 and BFI_COUNTER 2 (shown with reference number 812) associated with TRP 2. & ¶0396 the first TRP and the second TRP may be associated with different cells (such as where the first TRP is associated with a first cell and the second TRP is associated with a second cell different than the first cell). [i.e. first BFI counter is for first TRP (first cell)]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao’s invention of methods for wireless radio link recovery to include Kung’s teaching of resetting a first and second BFI counter based on completing beam failure recovery for the first cell, because it would enable faster beam failure recovery for both cells. (see Kung ¶0318) Yet, the combined references do not explicitly teach: and receive, based on the second RS, second downlink signals via the first cell and the second cell. However, in the analogous art, Guan teaches: and receive, based on the second RS, second downlink signals via the first cell and the second cell. (¶0014 the multiple cells correspond to a cell group; or, the multiple cells use the same beam, for example, the physical downlink control channel (PDCCH) beams of the multiple cells are the same. [i.e. same beam used for downlink communication with multiple cells] & ¶0145,¶0147,¶0149 The network device may configure reference signal resources for the terminal device to determine available beams (or candidate beams or new available beams), that is, a candidate reference signal resource set or a candidate beam set [i.e. a second RS] terminal device determines the available beam (marked as q_new) …After sending the beam failure recovery request, the terminal device uses q_new to monitor the dedicated control channel resource set (CORESET) and its corresponding search space in order to obtain the terminal device's response to the BFRQ. Among them, the terminal device's response to BFRQ is the downlink control channel (physical downlink control channel, PDCCH), that is, if the terminal device receives the PDCCH in the search space corresponding to the dedicated control channel resource set [i.e. receiving second downlink signals based on candidate beam q_new which is considered as the second RS, implied to be via multiple cells using a same beam as shown above from ¶0014]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao and Kung’s invention of methods for wireless radio link recovery to include Guan’s teaching of resetting a BFI counter for a primary (first) cell and a BFI counter for a secondary cell in response to a successful beam failure recovery process of the first cell, because it would allow updating of beam configuration of multiple cells through signaling for one cell, which saves signal overhead. (see Guan ¶0032) Although Kung teaches completing a BFR and resetting BFI counters for the first and second cell, the combined references do not explicitly teach: and the first cell and second cell being comprised in a configured simultaneous common beam update cell list. However, in the analogous art, Matsumura teaches such a limitation: and the first cell and second cell being comprised in a configured simultaneous common beam update cell list. (¶0178-¶0182 A UE may support simultaneous common beam update across multiple BWPs/multiple CCs, based on at least one of the first to third embodiments. The UE may follow at least one of aspect 4-1 and aspect 4-2 below. <<Aspect 4-1>> One or a plurality of serving cell lists may be configured. & A beam update timing may be applied to a plurality of serving cells in the list. [i.e. simultaneous common beam update cell list contains a plurality of cells (first and second cell)]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao, Kung, and Guan’s invention of methods for wireless radio link recovery to include Matsumura’s teaching of the first and second cell being comprised in a configured simultaneous common beam update cell list, because it would allow the UE to update a common beam simultaneously for a plurality of serving cells which lowers overhead of common beam indication. (see Matsumura ¶0186) Re. Claim 2, Gao combined with Kung, Guan and Matsumura teaches the wireless device of claim 1. Guan further teaches: wherein the instructions further cause the wireless device to receive one or more messages indicating: the first BFI counter; the second BFI counter; (¶0047 for cell grouping, the network device may configure a first counter and/or a first time window for each cell group, and may also configure a first counter and/or a first time window for each cell [i.e. configuration of a first and second BFI counter, one for first cell and one for second cell, implied to be from a configuration message sent by network device] & ¶0197 each time a beam failure instance indication is reported, the first counter is incremented by 1 [i.e. counter is a beam failure instance (BFI) counter]. When the first counter reaches a preset number, such as N, it is determined that a beam failure has occurred.) Gao further teaches: and the first RS for receiving the first downlink signals of the first cell and the second cell. (¶0030 One or more downlink reference signals (DL RSs) are configured or implicitly derived, for beam failure detection [i.e. first downlink signals, the configured nature of the DL RSs implies a message being used to configure and therefore indicate the DL RSs], & ¶0038 determining that a cell fails at 310 (e.g., a first cell 302 up to an nth cell 304, which beam failure events are detected at 306 and 308) & ¶0041 determines a beam failure event for a first cell according to channel qualities corresponding to one or more reference signal (RS) [i.e. first downlink signals] resources transmitted by the wireless communication node 404. The beam failure event may apply to a single first cell or a cell group to which the first cell belongs [i.e. references signals apply to cell group interpreted as there being a first and second cell]. In various embodiments, the first cell is an Scell, though the first cell may be a Pcell or PScell in other approaches.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao, Kung, and Matsumura’s invention of methods for wireless radio link recovery to include Guan’s teaching of configuring a BFI counter for a primary (first) cell and a BFI counter for a secondary cell, because it would allow updating of beam configuration of multiple cells through signaling for one cell, which saves signal overhead. (see Guan ¶0032) Re. Claim 3, Gao combined with Kung, Guan and Matsumura teaches the wireless device of claim 1. Matsumura further teaches: wherein the instructions further cause the wireless device to receive one or more messages comprising a configuration parameter that indicates the configured simultaneous common beam update. (¶0108-¶0112 First Embodiment - The UE may use one common beam for each TRP [i.e. common beam for a first and second cell] … A common beam for the DL and a common beam for the UL (two separate common beams) may be applied to design of the TRP-specific common beam… A TCI state pool configured by RRC may be a pool (one or more lists) common to two TRPs, or may be separate pools (first list and second list) for respective TRPs… The TRP-specific common beam may be configured/indicated by RRC and a MAC CE [i.e. one or more messages] & ¶0178 A UE may support simultaneous common beam update across multiple BWPs/multiple CCs, based on at least one of the first to third embodiments. [i.e. wireless device receiving one or more messages indicative of a simultaneous common beam update].) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao, Kung, and Guan’s invention of methods for wireless radio link recovery to include Matsumura’s teaching of a message indicating a first and second cell are part of a simultaneous common beam update, because it would save on overhead for common beam indication. (see Matsumura ¶0186) Re. Claim 4, Gao combined with Kung, Guan and Matsumura teaches the wireless device of claim 1. Matsumura further teaches: wherein the instructions further cause the wireless device to receive one or more messages indicating a common transmission configuration indicator (TCI) state for the first cell and the second cell. (¶0110 A TCI state pool configured by RRC [i.e. one or more messages for configuration of TCI pool/list] may be a pool (one or more lists) common to two TRPs [i.e. TCI list is common to a first and second cell]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao, Kung, and Guan’s invention of methods for wireless radio link recovery to include Matsumura’s teaching of a message indicating a common TCI state for a first and second cell, because it would minimize overhead for common beam indication. (see Matsumura ¶0186) Re. Claim 5, Gao combined with Kung, Guan and Matsumura teaches the wireless device of claim 1. Gao further teaches: wherein the first cell is a primary cell and the second cell is a secondary cell. (¶0041 The beam failure event may apply to a single first cell or a cell group to which the first cell belongs. In various embodiments, the first cell is an Scell, though the first cell may be a Pcell [i.e. first cell is primary cell as part of cell group with secondary cell(s)] or PScell in other approaches. & ¶0051 one or more cells (e.g., Scell(s)) is configured with the link recovery procedure [i.e. implies a first and second cell], beam failure detection procedures, including independent counters for beam failure instances) Re. Claim 6, Gao combined with Kung, Guan and Matsumura teaches the wireless device of claim 1. Gao further teaches: wherein the instructions further cause the wireless device to determine an RS used for determining a spatial domain filter parameter of a physical uplink control channel (PUCCH) resource is quasi-colocated with the first RS. (¶0033 the UE monitors the physical downlink control channel (PDCCH) in a dedicated control resource set (CORESET) or a dedicated searching space for link recovery according to the quasi co-location (QCL) parameter associated with the DL RS q_new. Once the gNB response is detected, the UE should assume that the gNB response for recovery is received successfully and the corresponding UE behavior, e.g., updating QCL assumption for one or more CORESETs and a spatial filter of PUCCH resources, are performed [i.e. spatial domain filter parameters of PUCCH updated/determined] & ¶0182-¶0183 “spatial relation information” includes one or more reference RSs ,which is used to represent a “spatial relation” [i.e. a RS for determining spatial domain filter parameter of channel] between a targeted “RS or channel” and the one or more reference RSs [i.e. a targeted RS in this case is being interpreted as a first RS, and a spatial relation parameter being the same is being interpreted as the first RS being quasi-colocated with the PUCCH], where a “spatial relation” means the same beam(s), same spatial parameter(s), or the same spatial domain filter(s)… “QCL state” may include one or more reference RSs and their corresponding QCL type parameters, where QCL type parameters include at least one of the following or a combination: [1] Doppler spread, [2] Doppler shift, [3] delay spread, [4] average delay, [5] average gain, and [6] Spatial parameter. In this patent document, a “QCL state” may be equivalent to a transmission configuration indicator (TCI) state. [i.e. QCL state or TCI state configuration of the RS would be for indicating if QCL’ed with the target RS or channel using the spatial parameter]) Re. Claim 7, Gao combined with Kung, Guan and Matsumura teaches the wireless device of claim 6. Guan further teaches: wherein the instructions further cause the wireless device to initiate, in response to determining the RS, a random access procedure. (¶0147 the terminal device determines the available beam (marked as q_new) and notifies the physical layer of the terminal device of its associated random access channel (RACH) resource. The physical layer of the terminal device sends the preamble sequence (i.e., BFRQ) corresponding to the available beam on the RACH resource [i.e. a random access procedure], thereby implicitly informing the network device that the terminal device has experienced a beam failure in the serving cell where the RACH resource is located, and that the terminal device has found a new available beam (i.e., the beam corresponding to the reference signal resource corresponding to the RACH resource). [i.e. interpreted as a random access procedure being initiated by determining the associated reference signal for the available beam]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao, Kung, and Matsumura’s invention of methods for wireless radio link recovery to include Guan’s teaching of initiating a random access procedure in response to determining a RS, because it enables the system to use the new available beam associated with the RS for establishing a connection through a random access channel, ensuring that service connection is maintained. (see Guan ¶0147-¶0149) Re. Claim 8, Gao combined with Kung, Guan and Matsumura teaches the wireless device of claim 7. Gao further teaches: wherein the instructions further cause the wireless device to reset, in response to initiating the random access procedure, the second BFI counter. (¶0029 the UE can initialize one link recovery procedure in Pcell or PScell, as shown in FIG. 2, where the link recovery request transmission is based on physical random access channel (PRACH) [i.e. use of RACH implies a random access procedure being used for this link recovery process]. & ¶0033 After transmitting a PRACH transmission for a link recovery request, the UE monitors the physical downlink control channel (PDCCH) in a dedicated control resource set (CORESET)… Once the gNB response is detected, the UE should assume that the gNB response for recovery is received successfully [i.e. interpreted as a random access procedure used for link failure recovery being successfully completed] & ¶0058 the counter or timer for beam failure detection of a cell may be stopped or reset if the beam recovery procedure corresponding to the cell is successfully completed. [i.e. the BFI counter for the associated cell, in the case of the second cell being in beam failure, will be reset]) Re. Claim 9, Gao combined with Kung, Guan and Matsumura teaches the wireless device of claim 1. Gao further teaches: wherein the instructions further cause the wireless device to determine, based on a transmission configuration indicator (TCI) state of a control resource set (coreset), an RS for determining a spatial domain filter parameter of one or more PUCCH resources. (¶0109 A reference signal for beam failure detection or a reference signal for new candidate beam detection is reconfigured or re-determined (e.g., when a TCI state of the PDCCH or a control resource set (CORESET) is re-configured [i.e. a reference signal based on a TCI state of a CORESET being redetermined/reconfigured] ¶0033 Once the gNB response is detected, the UE should assume that the gNB response for recovery is received successfully and the corresponding UE behavior, e.g., updating QCL assumption for one or more CORESETs and a spatial filter of PUCCH resources, are performed [i.e. spatial filter parameter of PUCCH resources determined, based on the first RS (the RS for the candidate beam), which is further based on successful BFR]) Re. Claim 11, Gao teaches: A base station (Fig. 1 Wireless Communication Node 104 & ¶0036 the wireless communication node 104 may comprise a base station or other wireless network access points capable of communicating wirelessly over a network with one or many mobile stations.) comprising: one or more processors; (Fig. 1 Processor 120 & ¶0036 The transceiver circuitry 114 may also be coupled to one or more processors 120,) and memory storing instructions that, when executed by the one or more processors, (¶0036 memory 122 may store therein instructions or code that, when read and executed by the processor 120, cause the processor 120 to implement various ones of the methods described herein) cause the base station to: transmit, to a wireless device and based on a first reference signal (RS), first downlink signals via a first cell and a second cell; (Fig. 3 [i.e. communication with first cell through Nth cell] & ¶0027 in one configuration a wireless communication device may include a Pcell with DL capabilities and UL capabilities (e.g., below 6 GHz), but may also include one or several Scells with DL capabilities & ¶0030 One or more downlink reference signals (DL RSs) are configured [i.e. first reference signal], or implicitly derived, for beam failure detection & ¶0038 determining that a cell fails at 310 (e.g., a first cell 302 up to an nth cell 304, which beam failure events are detected at 306 and 308) & ¶0041 the wireless communication device 102 determines a beam failure event for a first cell according to channel qualities corresponding to one or more reference signal (RS) resources transmitted by the wireless communication node 404 [i.e. channel qualities from downlink signals via multiple cells]. The beam failure event may apply to a single first cell or a cell group to which the first cell belongs. In various embodiments, the first cell is an Scell, though the first cell may be a Pcell or PScell in other approaches.) receive, from the wireless device, a message indicating a second RS as a candidate beam for a beam failure recovery (BFR) of the first cell, (¶0031 One or more DL RSs are configured as candidate RSs for a new candidate beam [i.e. a second RS as a candidate beam for the beam recovery process]. & ¶0047-¶0048 the wireless communication device 102 determines that a PUSCH resource is available for transmitting a beam recovery request message… the beam recovery request message includes index(es) of the failed cells and new candidate beam index(es) for the failed cell(s) [i.e. a message from wireless device indicating the second RS as a candidate beam for the BFR], if found. If no new candidate beam for the failed cell(s) is found, an indication that no candidate beam or candidate reference signal is identified for the cell can be delivered in the beam recovery request message.) Yet, Gao does not teach: wherein a first beam failure instance (BFI) counter for the first cell and a second BFI counter for the second cell are reset based on completing the BFR for the first cell; and wherein: the first BFI counter counts beam failure instances of the first cell; the second BFI counter counts beam failure instances of the second cell; However, in the analogous art, Kung teaches such limitations: wherein a first beam failure instance (BFI) counter for the first cell and a second BFI counter for the second cell are reset based on completing the BFR for the first cell (¶0387 The UE may set counters of the multiple counters of the cell (e.g., all counters of the multiple counters of the cell) to zero in response to completion of the BFR procedure, wherein the BFR procedure comprises initiating the random access procedure for BFR (e.g., SpCell BFR) of the cell. & ¶0390 The UE maintains and/or is configured with two counters for beam failure detection, where each counter of the two counters is associated with a TRP of the two TRPs. For example, the two counters may comprise BFI_COUNTER 1 (shown with reference number 810) associated with TRP 1 and BFI_COUNTER 2 (shown with reference number 812) associated with TRP 2. Based on (e.g., in response to) the BFI_COUNTER 1 being larger than or equal to the threshold 830 (e.g., beamFailureInstanceMaxCount), the UE may trigger a BFR for TRP 1. the UE may initiate 806 a random access procedure (for SpCell BFR, for example) to a network. At timing t3, in response to completion 808 of the random access procedure, the UE may set the BFI_COUNTER 1 to zero and BFI_COUNTER 2 to zero (e.g., the UE sets the counter value of the BFI_COUNTER 1 to zero and sets the counter value of the BFI_COUNTER 2 to zero).& ¶0396 the first TRP and the second TRP may be associated with different cells (such as where the first TRP is associated with a first cell and the second TRP is associated with a second cell different than the first cell). [i.e. when random access procedure used for beam failure recovery of first TRP is completed a first and second BFI counter for a first and second TRP (first and second cell) is set to zero (reset)]) and wherein: the first BFI counter counts beam failure instances of the first cell; (Fig. 7 & ¶0390 The UE maintains and/or is configured with two counters for beam failure detection, where each counter of the two counters is associated with a TRP of the two TRPs. For example, the two counters may comprise BFI_COUNTER 1 (shown with reference number 810) associated with TRP 1 and BFI_COUNTER 2 (shown with reference number 812) associated with TRP 2. & ¶0396 the first TRP and the second TRP may be associated with different cells (such as where the first TRP is associated with a first cell and the second TRP is associated with a second cell different than the first cell). [i.e. first BFI counter is for first TRP (first cell)]) the second BFI counter counts beam failure instances of the second cell; (Fig. 7 & ¶0390 The UE maintains and/or is configured with two counters for beam failure detection, where each counter of the two counters is associated with a TRP of the two TRPs. For example, the two counters may comprise BFI_COUNTER 1 (shown with reference number 810) associated with TRP 1 and BFI_COUNTER 2 (shown with reference number 812) associated with TRP 2. & ¶0396 the first TRP and the second TRP may be associated with different cells (such as where the first TRP is associated with a first cell and the second TRP is associated with a second cell different than the first cell). [i.e. first BFI counter is for first TRP (first cell)]) Yet, the combined references do not explicitly teach: and transmit, to the wireless device and based on the second RS, second downlink signals via the first cell and the second cell. However, in the analogous art, Guan teaches: and transmit, to the wireless device and based on the second RS, second downlink signals via the first cell and the second cell. (¶0014 the multiple cells correspond to a cell group; or, the multiple cells use the same beam, for example, the physical downlink control channel (PDCCH) beams of the multiple cells are the same. [i.e. same beam used for downlink communication with multiple cells] & ¶0145,¶0147,¶0149 The network device may configure reference signal resources for the terminal device to determine available beams (or candidate beams or new available beams), that is, a candidate reference signal resource set or a candidate beam set [i.e. a second RS]… terminal device determines the available beam (marked as q_new) …After sending the beam failure recovery request, the terminal device uses q_new to monitor the dedicated control channel resource set (CORESET) and its corresponding search space in order to obtain the terminal device's response to the BFRQ. Among them, the terminal device's response to BFRQ is the downlink control channel (physical downlink control channel, PDCCH), that is, if the terminal device receives the PDCCH in the search space corresponding to the dedicated control channel resource set [i.e. transmit second downlink signals based on candidate beam q_new which is considered as the second RS, implied to be via multiple cells using a same beam as shown above from ¶0014]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao and Kung’s invention of methods for wireless radio link recovery to include Guan’s teaching of resetting a BFI counter for a primary (first) cell and a BFI counter for a secondary cell in response to a successful beam failure recovery process of the first cell, because it would allow updating of beam configuration of multiple cells through signaling for one cell, which saves signal overhead. (see Guan ¶0032) Although Guan teaches completing a BFR and resetting BFI counters for the first and second cell, the combined references do not explicitly teach: and the first cell and second cell being comprised in a configured simultaneous common beam update cell list. However, in the analogous art, Matsumura teaches such a limitation: and the first cell and second cell being comprised in a configured simultaneous common beam update cell list; (¶0178-¶0182 A UE may support simultaneous common beam update across multiple BWPs/multiple CCs, based on at least one of the first to third embodiments. The UE may follow at least one of aspect 4-1 and aspect 4-2 below. <<Aspect 4-1>> One or a plurality of serving cell lists may be configured. & A beam update timing may be applied to a plurality of serving cells in the list. [i.e. simultaneous common beam update cell list contains a plurality of cells (first and second cell)]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao, Kung, and Guan’s invention of methods for wireless radio link recovery to include Matsumura’s teaching of the first and second cell being comprised in a configured simultaneous common beam update cell list, because it would allow the UE to update a common beam simultaneously for a plurality of serving cells which lowers overhead of common beam indication. (see Matsumura ¶0186) Claims 12-15 recite similar limitations to those in device claims 2-5. Therefore, the rejections for claims 12-15 are the same as put forth in claims 2-5. Re. Claim 16, Gao teaches: A non-transitory computer-readable medium comprising instructions that, when executed by one or more processors of a wireless device, (¶0180 a computer program product includes a non-transitory computer-readable program medium (e.g., memory 112 or 122) with computer code stored thereupon. The computer code, when executed by a processor (e.g., processor 110 or 120), causes the processor to implement a method) cause the wireless device to: receive, based on a first reference signal (RS), first downlink signals via a first cell and a second cell; (Fig. 3 [i.e. communication with first cell through Nth cell] & ¶0027 in one configuration a wireless communication device may include a Pcell with DL capabilities and UL capabilities (e.g., below 6 GHz), but may also include one or several Scells with DL capabilities & ¶0030 One or more downlink reference signals (DL RSs) are configured [i.e. first reference signal], or implicitly derived, for beam failure detection & ¶0038 determining that a cell fails at 310 (e.g., a first cell 302 up to an nth cell 304, which beam failure events are detected at 306 and 308) & ¶0041 the wireless communication device 102 determines a beam failure event for a first cell according to channel qualities corresponding to one or more reference signal (RS) resources transmitted by the wireless communication node 404 [i.e. channel qualities from downlink signals via multiple cells]. The beam failure event may apply to a single first cell or a cell group to which the first cell belongs. In various embodiments, the first cell is an Scell, though the first cell may be a Pcell or PScell in other approaches.) trigger, in response to detecting a first beam failure of the first cell, a beam failure recovery (BFR) for the first cell; (¶0026 A wireless radio link recovery procedure, also referred to as a beam recovery procedure, has previously been adopted for 5G NR & ¶0041 the wireless communication device 102 determines a beam failure event for a first cell [i.e. determining a beam failure event] according to channel qualities corresponding to one or more reference signal (RS) resources transmitted by the wireless communication node 404. The beam failure event may apply to a single first cell or a cell group to which the first cell belongs & ¶0047 the wireless communication device 102 transmits to the wireless communication node 104 the beam recovery request message on the PUSCH resource. In this embodiment, the beam recovery request message comprises an index (e.g., identification) of the first cell [i.e. a beam failure recovery is triggered for the first cell, in response to detecting the beam failure event]) transmit a message indicating a second RS as a candidate beam for the BFR; (¶0031 One or more DL RSs are configured as candidate RSs for a new candidate beam [i.e. a second RS as a candidate beam for the beam recovery process]. & ¶0047-¶0048 the wireless communication device 102 determines that a PUSCH resource is available for transmitting a beam recovery request message… the beam recovery request message includes index(es) of the failed cells and new candidate beam index(es) for the failed cell(s) [i.e. a message from wireless device indicating the second RS as a candidate beam for the BFR], if found. If no new candidate beam for the failed cell(s) is found, an indication that no candidate beam or candidate reference signal is identified for the cell can be delivered in the beam recovery request message.) Yet, Gao does not teach: based on completing the BFR for the first cell and the first cell and the second cell being comprised in a configured simultaneous common beam update cell list, reset: a first beam failure instance (BFI) counter for the first cell; and a second BFI counter for the second cell; However, in the analogous art, Kung teaches such limitations: based on completing the BFR for the first cell (¶0387 The UE may set counters of the multiple counters of the cell (e.g., all counters of the multiple counters of the cell) to zero in response to completion of the BFR procedure, wherein the BFR procedure comprises initiating the random access procedure for BFR (e.g., SpCell BFR) of the cell. & ¶0390 The UE maintains and/or is configured with two counters for beam failure detection, where each counter of the two counters is associated with a TRP of the two TRPs. For example, the two counters may comprise BFI_COUNTER 1 (shown with reference number 810) associated with TRP 1 and BFI_COUNTER 2 (shown with reference number 812) associated with TRP 2. Based on (e.g., in response to) the BFI_COUNTER 1 being larger than or equal to the threshold 830 (e.g., beamFailureInstanceMaxCount), the UE may trigger a BFR for TRP 1. the UE may initiate 806 a random access procedure (for SpCell BFR, for example) to a network. At timing t3, in response to completion 808 of the random access procedure, the UE may set the BFI_COUNTER 1 to zero and BFI_COUNTER 2 to zero (e.g., the UE sets the counter value of the BFI_COUNTER 1 to zero and sets the counter value of the BFI_COUNTER 2 to zero).& ¶0396 the first TRP and the second TRP may be associated with different cells (such as where the first TRP is associated with a first cell and the second TRP is associated with a second cell different than the first cell). [i.e. when random access procedure used for beam failure recovery of first TRP is completed a BFI counter for a first TRP (first cell) is set to zero (reset)]) wherein the first BFI counter counts beam failure instances of the first cell; (Fig. 7 & ¶0390 The UE maintains and/or is configured with two counters for beam failure detection, where each counter of the two counters is associated with a TRP of the two TRPs. For example, the two counters may comprise BFI_COUNTER 1 (shown with reference number 810) associated with TRP 1 and BFI_COUNTER 2 (shown with reference number 812) associated with TRP 2. & ¶0396 the first TRP and the second TRP may be associated with different cells (such as where the first TRP is associated with a first cell and the second TRP is associated with a second cell different than the first cell). [i.e. first BFI counter is for first TRP (first cell)]) and a second BFI counter for the second cell, (¶0387 The UE may set counters of the multiple counters of the cell (e.g., all counters of the multiple counters of the cell) to zero in response to completion of the BFR procedure, wherein the BFR procedure comprises initiating the random access procedure for BFR (e.g., SpCell BFR) of the cell. & ¶0390 The UE maintains and/or is configured with two counters for beam failure detection, where each counter of the two counters is associated with a TRP of the two TRPs. For example, the two counters may comprise BFI_COUNTER 1 (shown with reference number 810) associated with TRP 1 and BFI_COUNTER 2 (shown with reference number 812) associated with TRP 2. Based on (e.g., in response to) the BFI_COUNTER 1 being larger than or equal to the threshold 830 (e.g., beamFailureInstanceMaxCount), the UE may trigger a BFR for TRP 1. the UE may initiate 806 a random access procedure (for SpCell BFR, for example) to a network. At timing t3, in response to completion 808 of the random access procedure, the UE may set the BFI_COUNTER 1 to zero and BFI_COUNTER 2 to zero (e.g., the UE sets the counter value of the BFI_COUNTER 1 to zero and sets the counter value of the BFI_COUNTER 2 to zero).& ¶0396 the first TRP and the second TRP may be associated with different cells (such as where the first TRP is associated with a first cell and the second TRP is associated with a second cell different than the first cell). [i.e. when random access procedure used for beam failure recovery of first TRP is completed a BFI counter for a second TRP (second cell) is set to zero (reset)]) wherein the second BFI counter counts beam failure instances of the second cell; (Fig. 7 & ¶0390 The UE maintains and/or is configured with two counters for beam failure detection, where each counter of the two counters is associated with a TRP of the two TRPs. For example, the two counters may comprise BFI_COUNTER 1 (shown with reference number 810) associated with TRP 1 and BFI_COUNTER 2 (shown with reference number 812) associated with TRP 2. & ¶0396 the first TRP and the second TRP may be associated with different cells (such as where the first TRP is associated with a first cell and the second TRP is associated with a second cell different than the first cell). [i.e. first BFI counter is for first TRP (first cell)]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao’s invention of methods for wireless radio link recovery to include Kung’s teaching of resetting a first and second BFI counter based on completing beam failure recovery for the first cell, because it would enable faster beam failure recovery for both cells. (see Kung ¶0318) Yet, the combined references do not explicitly teach: and receive, based on the second RS, second downlink signals via the first cell and the second cell. However, in the analogous art, Guan teaches: and receive, based on the second RS, second downlink signals via the first cell and the second cell. (¶0014 the multiple cells correspond to a cell group; or, the multiple cells use the same beam, for example, the physical downlink control channel (PDCCH) beams of the multiple cells are the same. [i.e. same beam used for downlink communication with multiple cells] & ¶0145,¶0147,¶0149 The network device may configure reference signal resources for the terminal device to determine available beams (or candidate beams or new available beams), that is, a candidate reference signal resource set or a candidate beam set [i.e. a second RS]… terminal device determines the available beam (marked as q_new) …After sending the beam failure recovery request, the terminal device uses q_new to monitor the dedicated control channel resource set (CORESET) and its corresponding search space in order to obtain the terminal device's response to the BFRQ. Among them, the terminal device's response to BFRQ is the downlink control channel (physical downlink control channel, PDCCH), that is, if the terminal device receives the PDCCH in the search space corresponding to the dedicated control channel resource set [i.e. receiving second downlink signals based on candidate beam q_new which is considered as the second RS, implied to be via multiple cells using a same beam as shown above from ¶0014]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao and Kung’s invention of methods for wireless radio link recovery to include Guan’s teaching of resetting a BFI counter for a primary (first) cell and a BFI counter for a secondary cell in response to a successful beam failure recovery process of the first cell, because it would allow updating of beam configuration of multiple cells through signaling for one cell, which saves signal overhead. (see Guan ¶0032) Although Kung teaches completing a BFR and resetting BFI counters for the first and second cell, the combined references do not explicitly teach: and the first cell and second cell being comprised in a configured simultaneous common beam update cell list. However, in the analogous art, Matsumura teaches such a limitation: and the first cell and second cell being comprised in a configured simultaneous common beam update cell list. (¶0178-¶0182 A UE may support simultaneous common beam update across multiple BWPs/multiple CCs, based on at least one of the first to third embodiments. The UE may follow at least one of aspect 4-1 and aspect 4-2 below. <<Aspect 4-1>> One or a plurality of serving cell lists may be configured. & A beam update timing may be applied to a plurality of serving cells in the list. [i.e. simultaneous common beam update cell list contains a plurality of cells (first and second cell)]) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao, Kung, and Guan’s invention of methods for wireless radio link recovery to include Matsumura’s teaching of the first and second cell being comprised in a configured simultaneous common beam update cell list, because it would allow the UE to update a common beam simultaneously for a plurality of serving cells which lowers overhead of common beam indication. (see Matsumura ¶0186) Claims 17-20 recite similar limitations to those in device claims 2-5. Therefore, the rejections for claims 17-20 are the same as put forth in claims 2-5. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gao combined with Kung, Guan and Matsumura, and further in view of Ji et al. (US 2023/0023719 A1), hereinafter “Ji”. Re. Claim 10, Gao combined with Kung, Guan and Matsumura teaches the wireless device of claim 9. Yet, the combined references do not teach: wherein the coreset has a lowest index among one or more coresets of an active bandwidth part (BWP) of the first cell. However, in the analogous art, Ji teaches such a limitation: wherein the coreset has a lowest index among one or more coresets of an active bandwidth part (BWP) of the first cell. (¶0070 the BS may configure an ‘initial BWP’ which is a bandwidth of CORESET #0 & ¶0425 the default beam for PUCCH transmission may be determined as one of the beams of CORESETs configured in the corresponding cell. For example, a beam for a CORESET having the lowest index among the CORESETs configured in the corresponding cell may be determined. The ‘configured CORESETs’ may include a CORESET used for initial access, that is, CORESET0.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Gao, Kung, Guan and Matsumura’s invention of methods for wireless radio link recovery to include Ji’s teaching of the coreset having a lowest index among multiple coresets of the first cell, because it would provide the system with a method for configuring a default beam for PUCCH transmission as a fallback mechanism using a predefined lowest index of a resource. (see Ji ¶0016 & ¶0424) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY A MILLER whose telephone number is (571)272-4423. The examiner can normally be reached Mon-Fri 8 to 5. 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, Rebecca Song can be reached at 571-270-3667. 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. /G.A.M./Examiner, Art Unit 2417 /REBECCA E SONG/Supervisory Patent Examiner, Art Unit 2417
Read full office action

Prosecution Timeline

Jun 13, 2023
Application Filed
Sep 11, 2025
Non-Final Rejection mailed — §103
Dec 11, 2025
Response Filed
Mar 05, 2026
Final Rejection mailed — §103
Sep 08, 2026
Request for Continued Examination
Sep 13, 2026
Response after Non-Final Action
Sep 23, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12707290
METHOD AND APPARATUS FOR ACTIVE TERMINAL DETECTION USING SPREAD CODE LEARNED BY USING DEEP LEARNING IN MULTIPLE COMMUNICATIONS
2y 8m to grant Granted Aug 11, 2026
Patent 12684649
METHODS AND APPARATUSES FOR CONTROL OF PACKET DATA CONNECTION
3y 5m to grant Granted Jul 14, 2026
Patent 12659077
PROBABILISTIC SHAPING FOR RETRANSMISSIONS
3y 1m to grant Granted Jun 16, 2026
Patent 12592804
WIRELESS DATA PACKET ACKNOWLEDGMENT SCHEMES
3y 0m to grant Granted Mar 31, 2026
Patent 12587587
METHOD AND DEVICE FOR SESSION BREAKOUT OF HOME ROUTED SESSION IN VISITED PLMN IN WIRELESS COMMUNICATION SYSTEM
3y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
67%
With Interview (+0.0%)
3y 0m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 15 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month