Prosecution Insights
Last updated: April 19, 2026
Application No. 18/212,257

BASE STATIONS AND METHODS FOR RECEIVING TRANSMISSIONS ON AN ENHANCED RANDOM ACCESS CHANNEL

Non-Final OA §103
Filed
Jun 21, 2023
Examiner
OLALEYE, OLADIRAN GIDEON
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Malikie Innovations Limited
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
91%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
76 granted / 101 resolved
+17.2% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
65 currently pending
Career history
166
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
62.2%
+22.2% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
11.8%
-28.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 101 resolved cases

Office Action

§103
DETAILED ACTION This office action is a response to the Request for Continued Examination (RCE) filed on 02/04/2026. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/04/2026 has been entered. Response to Amendment The Amendment filed on 02/04/2026 has been entered. Claims 1-21 are pending Claims 1, 11 and 21 are amended Claims 1-21 remain rejected. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-8, 11-18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Bi et al. (US 20070002795 A1), hereinafter referenced as Bi, in view of Fischer et al. (US 20100172299 A1), hereinafter referenced as Fischer. Regarding claim 1, Bi teaches a method implemented in a communication station (CS) (Para. [0010]-Bi discloses a method is provided for selecting at least one access channel for transmission of data based on a channel condition ... a method is provided for receiving data over at least one access channel selected for transmission based on a channel condition. Para. [0019]-Bi discloses "processing" or "computing" or "calculating" or "determining" or "displaying" or the like, refer to the action and processes of a computer system, or similar electronic computing device, that manipulates and transforms data represented as physical, electronic quantities within the computer system's registers and memories into other data similarly represented as physical quantities within the computer system memories or registers or other such information storage, transmission or display devices. Figs. 1-3, Para. [0032]-Bi discloses the modem 230 may alternatively select the access channel 215 for data transmission based on other parameters that are determined, at least in part, using the channel condition ... The values of the parameter, AccessPayloadMax, may then be broadcasted to the mobile handsets including mobile handset 205 using a transceiver 240 and the modem 230 may use the values of the parameter, AccessPayloadMax, to determine whether or not to transmit data over the access channel 215), the method comprising: receiving information from a base station (BS) (Fig. 3, Para. [0034]-Bi discloses transmission rate threshold, Rh, and the data size threshold, Di, may be determined by the system and broadcast to all the access terminals in the system. Para. [0032]-Bi discloses base station controller 235 may determine one or more values of a parameter, AccessPayloadMax ... The values of the parameter, AccessPayloadMax, may then be broadcasted to the mobile handsets including mobile handset 205 using a transceiver 240 and the modem 230 may use the values of the parameter, AccessPayloadMax, to determine whether or not to transmit data over the access channel 215. Para. [0006]-Bi discloses after a few message exchanges between the access terminal and the network, a dedicated traffic channel may then be set up. Para. [0026]-Bi discloses user applications associated with the personal data assistant 110(1) and/or the laptop computer 110(2) ... may receive data from the base station 105. Data may also be referred to as bearer traffic, in accordance with common usage in the art), the information indicating a first set of parameters for random access channel transmission and a second set of parameters for random access channel transmission (Fig. 3, Para. [0034]-Bi discloses a method 300 for selecting an access channel to transmit data ... Configuring (at 305) the access terminal may include determining the access channel transmission rates {corresponding to first/second sets of parameters}, determining one or more transmission rate thresholds {corresponding to first/second sets of parameters}, and/or determining one or more data size thresholds {corresponding to first/second sets of parameters} ... The transmission rate threshold, Rh, and the data size threshold, Di, may be determined by the system and broadcast to all the access terminals in the system. In some embodiments, the data size threshold, Di, may have multiple values if there are multiple transmission rates smaller or equal to Rh. Para. [0032]-Bi discloses base station controller 235 may determine one or more values of a parameter, AccessPayloadMax {corresponding to first/second sets of parameters}. (See also Para. [0006] and 0026-0028] and claims 7-13)), the first set of parameters for random access channel transmission are associated with random access for small data transfer (Para. [0007]-Bi discloses to send a short burst of data traffic over the random access channel. The access terminal may be able to transmit the short burst without going through the traffic channel setup procedure. Fig. 1, Para. [0027]-Bi discloses if the amount of data to be sent is relatively small, then the access terminal 110 may choose to transmit the data over the access channel 115. Fig. 3, Para. [0037]-Bi discloses the transmission rate threshold Rh may be set at R1 and the data size threshold, D1(Y), may be configured (at 305) to values of D1(Y=Y1.epsilon.{0.72, 1})=100 bytes and D1(Y=Y2.epsilon.{0.5, 0.72})=150 bytes for the loadings Y1 and Y2 ... the access terminal may transmit (at 330) the data over the access channel if the comparison (at 325) indicates that the data size is less than 100 bytes), and the information further indicates one or more random access channel (RACH) resources that are available for the small data transfer (Fig. 1, Para. [0024]-Bi discloses the access channels 115 may be a common random access channel. Fig. 3, Para. [0034]-Bi discloses transmission rate threshold, Rh, and the data size threshold, Di, may be determined by the system and broadcast to all the access terminals in the system ... the data size threshold, Di, may have multiple values if there are multiple transmission rates smaller or equal to Rh. The data size threshold, Di, can be set differently based on the current loading of the system, e.g., Di(Y), where Y is the loading or the amount of traffic the system is supporting on the reverse link. Fig. 3, Para. [0037]-Bi discloses the transmission rate threshold Rh may be set at R1 and the data size threshold, D1(Y), may be configured (at 305) to values of D1(Y=Y1.epsilon.{0.72, 1})=100 bytes and D1(Y=Y2.epsilon.{0.5, 0.72})=150 bytes for the loadings Y1 and Y2 ... the access terminal may transmit (at 330) the data over the access channel if the comparison (at 325) indicates that the data size is less than 100 bytes. Para. [0027]-Bi discloses If the amount of data to be sent is relatively small, then the access terminal 110 may choose to transmit the data over the access channel 115, which may reduce the overhead associated with establishing and/or tearing down a traffic channel 120. Para. [0005-0006]-Bi discloses the access channel may be a random access channel and the access terminal may send a connection request message to a base station randomly over the random access channel ... access terminals initiate communication by transmitting a probe containing connection request message over an access channel. After a few message exchanges between the access terminal and the network, a dedicated traffic channel may then be set up in response to the connection request and the dedicated traffic channel may be used for subsequent data transmissions); determining that an amount of user data that is available for transmission is less than a threshold (Fig. 3, Para. [0037]-Bi discloses the access terminal may transmit (at 330) the data over the access channel if the comparison (at 325) indicates that the data size is less than 100 bytes); and transmitting, to the BS, a random access channel burst in accordance with the first set of parameters for random access channel transmission based on the determination that the amount of user data that is available for transmission is less than the threshold (Para. [0007-0008]-Bi discloses to send a short burst of data traffic over the random access channel. The access terminal may be able to transmit the short burst without going through the traffic channel setup procedure. Consequently, transmitting data over the access channel ... the access terminal may use a parameter, AccessPayloadMax, which indicates a threshold value for the size of the data block. For example, the parameter, AccessPayloadMax, may be set to 200 bytes. If the number of bytes in a data burst is less than the number of bytes indicated by the parameter, AccessPayloadMax, then the data burst can be transmitted over the access channel). Bi fails to explicitly teach the one or more RACH resources comprising at least one time resource and at least one frequency resource. However, Fischer teaches the one or more RACH resources comprising at least one time resource and at least one frequency resource (Para. [0111]-Fischer discloses random access burst is sent on the RACH with parameters derived from previous measurements on the downlink broadcast channel (BCH), such as frequency position, time period, and target power). Bi and Fischer are both considered to be analogous to the claimed invention because they are in the same field of communication network, dealing with enhancements in the random access procedure of a Long-Term Evolution (LTE) system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Bi to incorporate the teachings of Fischer on RACH, with a motivation for RACH resources comprising time and frequency, and guarantee selecting at least one access channel for transmission of data based on a channel condition … receiving data over at least one access channel selected for transmission based on a channel condition, (Bi, Para. [0010]). Regarding claims 2 and 12, Bi in view of Fischer teaches the method of claim 1 and the CS of claim 11 respectively, Bi further teaches determining that a subsequent amount of user data that is available for a subsequent transmission is greater than the threshold (Fig. 3, Para. [0037]-Bi discloses the transmission rate threshold Rh may be set at R1 and the data size threshold, D1(Y), may be configured (at 305) to values of D1(Y=Y1.epsilon.{0.72, 1})=100 bytes and D1(Y=Y2.epsilon.{0.5, 0.72})=150 bytes for the loadings Y1 and Y2 ... if the comparison (at 325) indicates that the data size is larger than 100 bytes, the access terminal may transmit (at 335) a connection request to establish the traffic channel and transmit (at 340) the data over the traffic channel. Para. [0008]-Bi discloses if the number of bytes in a data burst is greater than the number of bytes indicated by the parameter, AccessPayloadMax, then the data burst must be transmitted over a traffic channel); and transmitting, to the BS, a second random access channel burst in accordance with the second set of parameters for random access channel transmission based on the determination that the subsequent amount of user data that is available for transmission is greater than the threshold (Fig. 3, Para. [0037]-Bi discloses the transmission rate threshold Rh may be set at R1 and the data size threshold, D1(Y), may be configured (at 305) to values of D1(Y=Y1.epsilon.{0.72, 1})=100 bytes and D1(Y=Y2.epsilon.{0.5, 0.72})=150 bytes for the loadings Y1 and Y2 ... if the comparison (at 325) indicates that the data size is larger than 100 bytes, the access terminal may transmit (at 335) a connection request to establish the traffic channel and transmit (at 340) the data over the traffic channel. Para. [0006-0008]-Bi discloses access terminals initiate communication by transmitting a probe containing connection request message over an access channel. After a few message exchanges between the access terminal and the network, a dedicated traffic channel may then be set up in response to the connection request and the dedicated traffic channel may be used for subsequent data transmissions ... if the number of bytes in a data burst is greater than the number of bytes indicated by the parameter, AccessPayloadMax, then the data burst must be transmitted over a traffic channel). Regarding claims 3 and 13, Bi in view of Fischer teaches the method of claim 1 and the CS of claim 11 respectively, Bi further teaches the RACH resources are first RACH resources associated with the first set of parameters for random access channel transmission (Fig. 3, Para. [0034]-Bi discloses a method 300 for selecting an access channel to transmit data ... Configuring (at 305) the access terminal may include determining the access channel transmission rates, determining one or more transmission rate thresholds, and/or determining one or more data size thresholds ... The transmission rate threshold, Rh, and the data size threshold, Di, may be determined by the system and broadcast to all the access terminals in the system. In some embodiments, the data size threshold, Di, may have multiple values if there are multiple transmission rates smaller or equal to Rh. Para. [0032]-Bi discloses base station controller 235 may determine one or more values of a parameter, AccessPayloadMax. The values of the parameter, AccessPayloadMax, may be dependent on the power availability at the mobile handset 205, which may depend, at least in part, on the channel condition ... The values of the parameter, AccessPayloadMax, may then be broadcasted to the mobile handsets including mobile handset 205 using a transceiver 240 and the modem 230 may use the values of the parameter, AccessPayloadMax, to determine whether or not to transmit data over the access channel 215. Para. [0006]-Bi discloses access terminals initiate communication by transmitting a probe containing connection request message over an access channel. After a few message exchanges between the access terminal and the network, a dedicated traffic channel may then be set up in response to the connection request and the dedicated traffic channel may be used for subsequent data transmissions. Para. [0026-0028]-Bi discloses user applications associated with the personal data assistant 110(1) and/or the laptop computer 110(2) ... may receive data from the base station 105. Data may also be referred to as bearer traffic, in accordance with common usage in the art ... The modem 230 may transmit and receive signaling messages and/or data over the access channel 215 and/or the traffic channel 220. (See also claims 7-13). Fig. 1, Para. [0024]-Bi discloses the access channels 115 may be a common random access channel). Bi fails to teach the first RACH resources at least partially overlap with second random access channel resources associated with the second set of parameters for random access channel transmission. However, Fischer teaches the first RACH resources at least partially overlap with second random access channel resources associated with the second set of parameters for random access channel transmission (Para. [0113]-Fischer discloses the random access burst is transmitted during one subframe. A random access burst from a UE 1 that is not synchronized in the time domain can overlap with the next subframe). Bi and Fischer are both considered to be analogous to the claimed invention because they are in the same field of communication network, dealing with enhancements in the random access procedure of a Long-Term Evolution (LTE) system. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Bi to incorporate the teachings of Fischer on RACH, with a motivation for overlapping RACH resources, and guarantee improved mobile communication service, (Fischer, Para. [0002]). Regarding claims 4 and 14, Bi in view of Fischer teaches the method of claim 1 and the CS of claim 11 respectively, Bi further teaches the first set of parameters for random access channel transmission indicate first random access channel bursts associated with random access for small data transfer (Para. [0007]-Bi discloses to send a short burst of data traffic over the random access channel. The access terminal may be able to transmit the short burst without going through the traffic channel setup procedure. Fig. 1, Para. [0027]-Bi discloses if the amount of data to be sent is relatively small, then the access terminal 110 may choose to transmit the data over the access channel 115. Fig. 3, Para. [0037]-Bi discloses the transmission rate threshold Rh may be set at R1 and the data size threshold, D1(Y), may be configured (at 305) to values of D1(Y=Y1.epsilon.{0.72, 1})=100 bytes and D1(Y=Y2.epsilon.{0.5, 0.72})=150 bytes for the loadings Y1 and Y2 ... the access terminal may transmit (at 330) the data over the access channel if the comparison (at 325) indicates that the data size is less than 100 bytes). Regarding claims 5 and 15, Bi in view of Fischer teaches the method of claim 4 and the CS of claim 14 respectively, Bi further teaches the second set of parameters for random access channel transmission indicate second random access channel bursts (Para. [0007]-Bi discloses access terminal may also choose to send a short burst of data traffic over the random access channel. Fig. 3, Para. [0034]-Bi discloses transmission rate threshold, Rh, and the data size threshold, Di, may be determined by the system and broadcast to all the access terminals in the system. Para. [0006]-Bi discloses access terminals initiate communication by transmitting a probe containing connection request message over an access channel. After a few message exchanges between the access terminal and the network, a dedicated traffic channel may then be set up in response to the connection request and the dedicated traffic channel may be used for subsequent data transmissions. Para. [0026-0028]-Bi discloses user applications associated with the personal data assistant 110(1) and/or the laptop computer 110(2) ... may receive data from the base station 105. Data may also be referred to as bearer traffic, in accordance with common usage in the art ... The modem 230 may transmit and receive signaling messages and/or data over the access channel 215 and/or the traffic channel 220. (See also claims 7-13)), the second random access channel bursts being available for performing initial access requests (Para. [0006-0008]-Bi discloses access terminals initiate communication by transmitting a probe containing connection request message over an access channel. After a few message exchanges between the access terminal and the network, a dedicated traffic channel may then be set up in response to the connection request and the dedicated traffic channel may be used for subsequent data transmissions ... if the number of bytes in a data burst is greater than the number of bytes indicated by the parameter, AccessPayloadMax, then the data burst must be transmitted over a traffic channel. Fig. 3, Para. [0037]-Bi discloses the transmission rate threshold Rh may be set at R1 and the data size threshold, D1(Y), may be configured (at 305) to values of D1(Y=Y1.epsilon.{0.72, 1})=100 bytes and D1(Y=Y2.epsilon.{0.5, 0.72})=150 bytes for the loadings Y1 and Y2 ... if the comparison (at 325) indicates that the data size is larger than 100 bytes, the access terminal may transmit (at 335) a connection request to establish the traffic channel and transmit (at 340) the data over the traffic channel). Regarding claims 6 and 16, Bi in view of Fischer teaches the method of claim 1 and the CS of claim 11 respectively, Bi further teaches transmitting the user data in a message associated with the random access channel burst (Para. [0007]-Bi discloses access terminal may also choose to send a short burst of data traffic over the random access channel). Regarding claims 7 and 17, Bi in view of Fischer teaches the method of claim 1 and the CS of claim 11 respectively, Bi further teaches the information indicating the first set of parameters for random access channel transmission and the second set of parameters for random access channel resources for random access channel transmission is received in a broadcast message (Para. [0034]-Bi discloses transmission rate threshold, Rh, and the data size threshold, Di, may be determined by the system and broadcast to all the access terminals in the system. Para. [0025]-Bi discloses signaling messages may include connection request messages, location update messages, broadcast messages, and the like. Signaling messages may also be used to synchronize the access terminals 110 and the base station 105). Regarding claims 8 and 18, Bi in view of Fischer teaches the method of claim 1 and the CS of claim 11 respectively, Bi further teaches at least one random access channel burst is used by the CS to indicate to the BS one or more capabilities of the CS (Para. [0038]-bi discloses when the access terminal selects a higher transmission rate, this may indicate that the access terminal is in a good geometric location relative to the base station and has enough power to transmit at a higher rate ... when the access terminal selects a lower transmission rate and/or the data size is large, this may indicate that the access terminal is in a poor geometric location relative to the base station and therefore the access terminal may not have enough power to transmit at a higher rate. Para. [0032]-bi discloses a base station controller 235 may determine one or more values of a parameter, AccessPayloadMax. The values of the parameter, AccessPayloadMax, may be dependent on the power availability at the mobile handset 205, which may depend, at least in part, on the channel condition). Regarding claim 11, Bi teaches communication station (CS) comprising a processor and a transceiver (Para. [0010]-Bi discloses a method is provided for selecting at least one access channel for transmission of data based on a channel condition ... a method is provided for receiving data over at least one access channel selected for transmission based on a channel condition. Para. [0019]-Bi discloses "processing" or "computing" or "calculating" or "determining" or "displaying" or the like, refer to the action and processes of a computer system, or similar electronic computing device, that manipulates and transforms data represented as physical, electronic quantities within the computer system's registers and memories into other data similarly represented as physical quantities within the computer system memories or registers or other such information storage, transmission or display devices. Figs. 1-3, Para. [0032]-Bi discloses the modem 230 may alternatively select the access channel 215 for data transmission based on other parameters that are determined, at least in part, using the channel condition ... The values of the parameter, AccessPayloadMax, may then be broadcasted to the mobile handsets including mobile handset 205 using a transceiver 240 and the modem 230 may use the values of the parameter, AccessPayloadMax, to determine whether or not to transmit data over the access channel 215), the processor and transceiver configured to: {The rest of the limitations are as disclosed in claim 1 above.} Regarding claim 21, Bi teaches a non-transitory computer readable storage medium having instructions stored thereon that, when executed by one or more processors (Para. [0010]-Bi discloses a method is provided for selecting at least one access channel for transmission of data based on a channel condition ... a method is provided for receiving data over at least one access channel selected for transmission based on a channel condition. Para. [0019]-Bi discloses "processing" or "computing" or "calculating" or "determining" or "displaying" or the like, refer to the action and processes of a computer system, or similar electronic computing device, that manipulates and transforms data represented as physical, electronic quantities within the computer system's registers and memories into other data similarly represented as physical quantities within the computer system memories or registers or other such information storage, transmission or display devices. Figs. 1-3, Para. [0032]-Bi discloses the modem 230 may alternatively select the access channel 215 for data transmission based on other parameters that are determined, at least in part, using the channel condition ... The values of the parameter, AccessPayloadMax, may then be broadcasted to the mobile handsets including mobile handset 205 using a transceiver 240 and the modem 230 may use the values of the parameter, AccessPayloadMax, to determine whether or not to transmit data over the access channel 215), cause the one or more processors to: {The rest of the limitations are as disclosed in claim 1 above.} Claims 9-10 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bi et al. (US 20070002795 A1), hereinafter referenced as Bi, in view of Fischer et al. (US 20100172299 A1), hereinafter referenced as Fischer, and further in view of Koehn et al. (US 20030117995 A1), hereinafter referenced as Koehn. Regarding claims 9 and 19, Bi in view of Fischer teaches the method of claim 1 and the CS of claim 11 respectively, Bi further teaches determining whether a second amount of second user data is less than a second threshold (Fig. 3, Para. [0037]-Bi discloses the transmission rate threshold Rh may be set at R1 and the data size threshold, D1(Y), may be configured (at 305) to values of D1(Y=Y1.epsilon.{0.72, 1})=100 bytes and D1(Y=Y2.epsilon.{0.5, 0.72})=150 bytes for the loadings Y1 and Y2. If the access terminal selects (at 315) a rate higher than R1, the access terminal may transmit (at 330) the data over the access channel. If the access terminal selects (at 315) the data transmission rate R1 and the current loading is high, Y=0.8, the access terminal may transmit (at 330) the data over the access channel if the comparison (at 325) indicates that the data size is less than 100 bytes). Bi fails to teach determining whether a timing advance (TA) associated with the CS is valid; …; on condition that the TA associated with the CS is determined to be valid and the second amount of second user data is determined to be less than the second threshold, transmitting the second user data using first resources; and on condition that the TA associated with the CS is determined not to be valid or the second amount of second user data is determined to be greater than the second threshold, transmitting the second user data using second resources. However, Koehn teaches determining whether a timing advance (TA) associated with the CS is valid (Para. [0007]-Koehn discloses during the determination of the timing advance, the data which is transmitted from the first station to the second station is transmitted in the form of short radio blocks without timing advance, and after the determination of the timing advance the data is transmitted, taking into account the time advance, in the form of long radio blocks which are longer than the short radio blocks, both the short radio blocks and the long radio blocks being transmitted by the first station in the channel which is assigned to the connection. (See also Para. [0014])); determining whether a second amount of second user data is less than a second threshold (Para. [0029]-Koehn discloses the short radio blocks B1 only permit a low data rate per time slot TS than the long radio blocks B2, only the signaling information S (that is to say the data of the first service) is transmitted in the short radio blocks B1, and the data of all the services is transmitted in the long data blocks B2. Claim [6]-Koehn discloses source coding (VC) of the data (D) to be transmitted takes place, and the coding rate of the source coding (VC) for the data to be transmitted in the short radio blocks (B1) is lower than for the data to be transmitted in the long radio blocks (B2)); on condition that the TA associated with the CS is determined to be valid and the second amount of second user data is determined to be less than the second threshold, transmitting the second user data using first resources (Para. [0007]-Koehn discloses during the determination of the timing advance, the data which is transmitted from the first station to the second station is transmitted in the form of short radio blocks without timing advance, and after the determination of the timing advance the data is transmitted, taking into account the time advance, in the form of long radio blocks which are longer than the short radio blocks, both the short radio blocks and the long radio blocks being transmitted by the first station in the channel which is assigned to the connection. Para. [0003]-Koehn discloses if the timing advance is still unknown, it is possible, in conventional mobile radio telephone systems, for the mobile station to transmit special access radio blocks (access bursts) only in specific time slots in which what is referred to as RACH (Random Access Channel) is transmitted. By referring to the access bursts, the received base station is capable of determining the signal transit time which occurs, and of determining a corresponding value for the timing advance. This value of the timing advance is then transmitted to the mobile station by the base station. The mobile station is then able to transmit regular radio blocks in any desired time slots, while taking into account the timing advance); and on condition that the TA associated with the CS is determined not to be valid or the second amount of second user data is determined to be greater than the second threshold, transmitting the second user data using second resources (Para. [0007]-Koehn discloses during the determination of the timing advance, the data which is transmitted from the first station to the second station is transmitted in the form of short radio blocks without timing advance, and after the determination of the timing advance the data is transmitted, taking into account the time advance, in the form of long radio blocks which are longer than the short radio blocks, both the short radio blocks and the long radio blocks being transmitted by the first station in the channel which is assigned to the connection. Para. [0003]-Koehn discloses if the timing advance is still unknown, it is possible, in conventional mobile radio telephone systems, for the mobile station to transmit special access radio blocks (access bursts) only in specific time slots in which what is referred to as RACH (Random Access Channel) is transmitted. By referring to the access bursts, the received base station is capable of determining the signal transit time which occurs, and of determining a corresponding value for the timing advance. This value of the timing advance is then transmitted to the mobile station by the base station. The mobile station is then able to transmit regular radio blocks in any desired time slots, while taking into account the timing advance). Bi and Koehn are both considered to be analogous to the claimed invention because they are in the same field of communication network, dealing with determining a timing advance for a connection between two stations. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Bi in view of Fischer to incorporate the teachings of Koehn on timing advance (TA), with a motivation to transmit user data based on TA, and ensure that even before the timing advance for the connection between the mobile station and the base station is known, the same channel is used which is used, after the determination of the timing advance, for the regular transmission of data of this connection, (Koehn, Para. [0008]). Regarding claims 10 and 20, Bi in view of Fischer and Koehn teaches the method of claim 9 and the CS of claim 19 respectively, Bi fails to teach determining whether the TA associated with the CS is valid is based on a cell power level. However, Koehn teaches determining whether the TA associated with the CS is valid is based on a cell power level (Para. [0012-0014]-Koehn discloses to increase the transmission power for the short radio blocks in comparison to that for the long radio blocks … during the determination of the timing advance, that is to say during the transmission of the short radio blocks which takes place without knowledge of the timing advance, at maximum every second successive training sequence in the direction of the rotation is used for, in each case, one connection maintaining in the respective time slots). Koehn is considered to be analogous because it is in the same field of communication network, dealing with determining a timing advance for a connection between two stations. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Bi in view of Fischer to incorporate the teachings of Koehn on timing advance (TA), with a motivation to determine whether the TA associated with the CS is valid is based on a cell power level, and ensure that even before the timing advance for the connection between the mobile station and the base station is known, the same channel is used which is used, after the determination of the timing advance, for the regular transmission of data of this connection, (Koehn, Para. [0008]). Response to Arguments Applicant’s arguments with respect to the claims have been considered but are moot because the arguments do not apply to the new disclosure from the the reference (Fischer et al. (US 20100172299 A1)) being used in the current rejection. Conclusion Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant`s disclosure. AMIRIJOO et al. (US 20100210255 A1)-discloses A device obtains a service change associated with a cell in a radio network, and identifies helper cells in the radio network that need new random access channel (RACH) parameters due to the service change. The device also determines a RACH parameters configuration for the helper cells, and configures the helper cells with the determined RACH parameters configuration…. …Fig. 1-5 Henttonen et al. (US 20100304748 A1)-discloses An apparatus, method and system for providing management and execution of handover or redirection of user equipment in a communication system. In one embodiment, the apparatus includes a processor and memory including computer program code. The memory and the computer program code are configured to, with the processor, cause the apparatus to receive a command from a source base instructing the apparatus to decode a physical downlink control channel associated with a target base station, and determine if a cell radio network temporary identifier from the source base station matches an assigned cell radio network temporary identifier on the physical downlink control channel from the target base station…. …Fig. 1-5 Lee et al. (US 20100074191 A1)-discloses random access method of a mobile station and a mobile communication device performing the same. The mobile station can obtain a diversity gain without a Random Access Channel (RACH) burst collision by hopping according to a cell group in a frequency domain and transmitting a random access when random access resources are used between neighboring cells and detect an RACH even with low transmission power by applying switching diversity together with the frequency hopping.… …Fig. 1-5 Wang et al. (US 20070149206 A1)-discloses A method and system for adjusting uplink transmission timing when sending an initial transmission to a target cell/Node-B of an evolved universal terrestrial radio access network (E-UTRAN) immediately after handover from a source cell/Node-B of the E-UTRAN. In one embodiment, a user equipment (UE) autonomously computes and applies a timing advance (TA) value based on the current source cell/Node-B timing value, cell/Node-B beacon channel reference signal measurements and knowledge of the relative time difference, (if any), between the source and target cells/Node-Bs. In another embodiment, the UE sends a scheduling request message or real data packets with the computed TA value applied to the uplink transmission timing to the E-UTRAN via pre-allocated non-contention based uplink radio resources. In an alternate embodiment, the UE sends a scheduling request message with the new computed TA value applied to the UL transmission timing to an E-UTRAN via a synchronous random access channel (RACH)…. …Fig. 1-4 Narasinha et al. (US 20080267127 A1)-discloses A method and apparatus for handover in a wireless communication system. A handover indication can be received from a source base station (120) that is connected with a mobile station (110). The handover indication can include a random access channel preamble. The random access channel preamble can include a temporary mobile equipment identifier. The random access channel preamble can be received from the mobile station. A timing advance message can be sent in response to receiving random access channel preamble. The timing advance message can be addressed by the random access channel preamble and a source base station identifier. The connection with the mobile station can be switched from the source base station to a target base station…. …Fig. 1-5 Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLADIRAN GIDEON OLALEYE whose telephone number is (571)272-5377. The examiner can normally be reached Monday - Friday: 07:30am - 05:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s SPE, NICHOLAS A. JENSEN can be reached on (571) 270-5443. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OO/ Examiner, Art Unit 2472 /NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
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Prosecution Timeline

Jun 21, 2023
Application Filed
Jul 15, 2025
Non-Final Rejection — §103
Oct 16, 2025
Response Filed
Nov 01, 2025
Final Rejection — §103
Feb 04, 2026
Request for Continued Examination
Feb 15, 2026
Response after Non-Final Action
Mar 23, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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2y 5m to grant Granted Mar 03, 2026
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2y 5m to grant Granted Jan 27, 2026
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
75%
Grant Probability
91%
With Interview (+15.4%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 101 resolved cases by this examiner. Grant probability derived from career allow rate.

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