Prosecution Insights
Last updated: April 19, 2026
Application No. 18/212,319

METHOD FOR RADIO COMMUNICATION, TERMINAL DEVICE, AND NETWORK DEVICE

Non-Final OA §103§112
Filed
Jun 21, 2023
Examiner
RACHEDINE, MOHAMMED
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Guangdong OPPO Mobile Telecommunications Corp., Ltd.
OA Round
3 (Non-Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
2y 4m
To Grant
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
663 granted / 763 resolved
+24.9% vs TC avg
Moderate +11% lift
Without
With
+11.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
15 currently pending
Career history
778
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
62.3%
+22.3% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
7.4%
-32.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 763 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/19/2026 has been entered. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 1, 5 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. Claims 1, 5 and 14 cite the following limitations: “wherein the first information not comprising beamforming capability information corresponding to a plurality of frequency bands indicates that the terminal device has a CBM capability on the plurality of frequency bands; or the first information not comprising the beamforming capability information corresponding to the plurality of frequency bands indicates that the terminal device has an IBM capability on the plurality of frequency bands ” It seems that the limitations indicate the information transmitted by a terminal, to a network, does not comprise capabilities for beam management while at the same time they do include information regarding CBM or IBM, which are types of beam management. It is not clear if the information transmitted by the terminal does or does not comprise capabilities for beam forming. Also, acronyms CBM and IBM need to be spelled out. Dependent claims 2-4, 6-8, 10, 12-13, 15-16, 18 and 20 are also rejected as they depend on claims rejected under 35 USC 112(b). Claim Rejections - 35 USC § 103 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. Claims 1-8, 10, 12-16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Flordelis et al. (US 2023/0051329 A1) in view of Sony et al. (Inter-band DL CA in FR2 CBM/IBM capability and associated spherical coverage EIS tests). Claim 1. Flordelis et al. disclose A method (FIG. 1-7) of wireless communication, comprising: receiving, by a network device, first information sent by a terminal device, wherein the first information is used for determining a beamforming capability of the terminal device (read as he UE 1 notifies 501 the network 100 of its capabilities 51… The capabilities indicate that the UE 1 is capable of independent beam management for inter-band CA [0084]); wherein the first information comprises third indication information, and the third indication information is used for indicating beamforming capability information of the terminal device on a frequency band combination in a first frequency band group (read as capabilities of the UE to perform beam management of multiple Component Carriers, CC [0055]), wherein the first frequency band group comprises at least two frequency bands (read as a first CC in a first band and a second CC in a second band [0055]), wherein the first information not comprising beamforming capability information corresponding to a plurality of frequency bands indicates that the terminal device has a CBM capability on the plurality of frequency bands (read as Non-independent BM means that the UE only has one fully controllable set of phase shifters over the whole frequency range of the CA. Therefore, it can only transmit and/or receive on multiple CCs using beams that point in similar directions (aligned, non-independent BM) [0029]); or the first information not comprising the beamforming capability information corresponding to the plurality of frequency bands indicates that the terminal device has an IBM capability on the plurality of frequency bands (read as independent BM means that the UE is capable of simultaneously transmitting and/or receiving on multiple Component Carriers (CC) using arbitrary beams, or spatial filters, on each CC [0027]). Flordelis et al. do not explicitly disclose the term CBM, although they cite “Non-independent BM means”. However, in the related field of endeavor, Sony et al. disclose … The UE can choose the preferred architecture based on the bands/regions it intends to support, the operator can deploy the cell based on their spectrum, and the network can configure the BM based on the reported UE capability as well as the availability of network resources. Therefore, IBM/CBM needs to be defined as a band pair capability which is declared by UEs (Section 2.1). Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Flordelis et al. with the teaching of Sony et al. in order to use wireless communication standards which provide compatibility among different manufacturers. Claim 2. The method according to claim 1, the combination of Flordelis et al. and Sony et al. teaches, wherein the first information is used for determining beamforming capability information of the terminal device on a plurality of frequency bands (Flordelis et al.: read as … affirmative capability to perform independent beam management on the first and the second band, or affirmative capability to perform independent beam management within a common spherical region on the first and the second band, or affirmative capability to perform aligned non-independent beam… [0062]. Different information is being provided by the terminal.). Claim 3. The method according to claim 2, the combination of Flordelis et al. and Sony et al. teaches, wherein the first information comprises a first frequency interval (Sony et al.: frequency ranges shown in tale 1) and/or first indication information, wherein the first frequency interval is a frequency range supported by a common beam management (CBM) capability of the terminal device, and the first indication information is used for indicating that the terminal device has the CBM capability on the plurality of frequency bands (Sony et al.: read as … If the common area needs to be formed between two CCs for CBNI UEs, additional relaxation may also need to be applied. By only considering L+L (24+30 GHz) and H+I-I (37+43 GHz) cases, 0.5 dB on each CC is sufficient based on om simulations (Section 3.2.2)). Claim 4. The method according to claim 2, the combination of Flordelis et al. and Sony et al. teaches, wherein the first information comprises second indication information, and the second indication information is used for indicating that the terminal device has an independent beam management (IBM) capability (Flordelis et al.: read as affirmative capability to perform independent beam management on the first and the second band [0062]) on the plurality of frequency bands (Flordelis et al.: read as …affirmative capability to communicate using inter-band CA on the first and the second band, affirmative capability to perform independent beam management on the first and the second band,… [0062]). Claim 5. Flordelis et al. disclose A terminal device (read as UE1 [0034]. FIG. 1-5, User Equipment), comprising: a processor (read as one or multiple processors, microprocessors, data processors, co-processors [0037]) and a memory (read as memory storage 312, which may include one or multiple memories and/or one or multiple other types of storage mediums [0038]), wherein the memory is configured to store a computer program, the processor is configured to call and run the computer program stored in the memory, and execute (read as The memory storage 312 is configured for holding computer program code, which may be executed by the processing device [0039]): sending first information to a network device, wherein the first information is used for determining a beamforming capability of the terminal device (read as he UE 1 notifies 501 the network 100 of its capabilities 51… The capabilities indicate that the UE 1 is capable of independent beam management for inter-band CA [0084]); wherein the first information comprises third indication information, and the third indication information is used for indicating beamforming capability information of the terminal device on a frequency band combination in a first frequency band group (read as capabilities of the UE to perform beam management of multiple Component Carriers, CC [0055]), wherein the first frequency band group comprises at least two frequency bands (read as a first CC in a first band and a second CC in a second band [0055]); wherein the first information not comprising beamforming capability information corresponding to a plurality of frequency bands indicates that the terminal device has a CBM capability on the plurality of frequency bands (read as Non-independent BM means that the UE only has one fully controllable set of phase shifters over the whole frequency range of the CA. Therefore, it can only transmit and/or receive on multiple CCs using beams that point in similar directions (aligned, non-independent BM) [0029]); or the first information not comprising the beamforming capability information corresponding to the plurality of frequency bands indicates that the terminal device has an IBM capability on the plurality of frequency bands (read as independent BM means that the UE is capable of simultaneously transmitting and/or receiving on multiple Component Carriers (CC) using arbitrary beams, or spatial filters, on each CC [0027]). Flordelis et al. do not explicitly disclose the term CBM, although they cite “Non-independent BM means”. However, in the related field of endeavor, Sony et al. disclose … The UE can choose the preferred architecture based on the bands/regions it intends to support, the operator can deploy the cell based on their spectrum, and the network can configure the BM based on the reported UE capability as well as the availability of network resources. Therefore, IBM/CBM needs to be defined as a band pair capability which is declared by UEs (Section 2.1). Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Flordelis et al. with the teaching of Sony et al. in order to use wireless communication standards which provide compatibility among different manufacturers. Claim 6. The terminal device according to claim 5, the combination of Flordelis et al. and Sony et al. teaches, wherein the first information is used for determining beamforming capability information of the terminal device on a plurality of frequency bands (Flordelis et al.: read as … affirmative capability to perform independent beam management on the first and the second band, or affirmative capability to perform independent beam management within a common spherical region on the first and the second band, or affirmative capability to perform aligned non-independent beam… [0062]. Different information is being provided by the terminal.). Claim 7. The terminal device according to claim 6, the combination of Flordelis et al. and Sony et al. teaches, wherein the first information comprises a first frequency interval (Sony et al.: frequency ranges shown in tale 1) and/or first indication information, wherein the first frequency interval is a frequency interval supported by a common beam management (CBM) capability of the terminal device, and the first indication information is used for indicating that the terminal device has the CBM capability on the plurality of frequency bands (Sony et al.: read as … If the common area needs to be formed between two CCs for CBNI UEs, additional relaxation may also need to be applied. By only considering L+L (24+30 GHz) and H+I-I (37+43 GHz) cases, 0.5 dB on each CC is sufficient based on om simulations (Section 3.2.2)). Claim 8. The terminal device according to claim 6, the combination of Flordelis et al. and Sony et al. teaches, wherein the first information comprises second indication information, and the second indication information is used for indicating that the terminal device has an independent beam management (IBM) capability (Flordelis et al.: read as affirmative capability to perform independent beam management on the first and the second band [0062]) on the plurality of frequency bands (Flordelis et al.: read as …affirmative capability to communicate using inter-band CA on the first and the second band, affirmative capability to perform independent beam management on the first and the second band,… [0062]). Claim 10. The terminal device according to claim 5, the combination of Flordelis et al. and Sony et al. teaches, wherein the third indication information is used for indicating first beamforming capability information (Flordelis et al.: read as … affirmative capability to perform independent beam management on the first and the second band, or affirmative capability to perform independent beam management within a common spherical region on the first and the second band, or affirmative capability to perform aligned non-independent beam… [0062]. Different information is being provided by the terminal.), and the first beamforming capability information corresponds to all frequency band combinations in the first frequency band group (Flordelis et al.: read as …affirmative capability to communicate using inter-band CA on the first and the second band, affirmative capability to perform independent beam management on the first and the second band,… [0062]). Claim 12. The terminal device according to claim 6, the combination of Flordelis et al. and Sony et al. teaches, wherein the plurality of frequency bands comprises a plurality of uplink frequency bands (Flordelis et al.: read as UL transmission [0040]) and/or a plurality of downlink frequency bands (Flordelis et al.: read as DL reception [0040]. Sony et al.: … independent DL/UL beam management should be a specific UE capability (Section 2.3)). Claim 13. The terminal device according to claim 12, the combination of Flordelis et al. and Sony et al. teaches, wherein in a case that a beamforming capability of the terminal device on the plurality of uplink frequency bands (Flordelis et al.: read as this may involve applying a transmit spatial filter 315A for adapting inter alia the spatial sensitivity of the antenna 314 in UL transmission [0040]. Sony et al.: … independent DL/UL beam management should be a specific UE capability (Section 2.3)) and a beamforming capability of the terminal device on the plurality of downlink frequency bands (Flordelis et al.: read as a receive spatial filter 315B for adapting inter alia the spatial sensitivity of the antenna 314 in DL reception [0040]. Sony et al.: … independent DL/UL beam management should be a specific UE capability (Section 2.3)) are different, the first information comprises beamforming capability information of the terminal device on the plurality of uplink frequency bands and/or beamforming capability information of the terminal device on the plurality of downlink frequency bands (Sony et al.: … independent DL/UL beam management should be a specific UE capability (Section 2.3)). Claim 14. Flordelis et al. disclose A network device (FIG. 1-5), comprising: a processor (read as one or multiple processors, microprocessors, data processors, co-processors [0037]) and a memory (read as memory storage 312, which may include one or multiple memories and/or one or multiple other types of storage mediums [0038]), wherein the memory is configured to store a computer program, the processor is configured to call and run the computer program stored in the memory, and execute (read as The memory storage 312 is configured for holding computer program code, which may be executed by the processing device [0039]): receiving first information sent by a terminal device, wherein the first information is used for determining a beamforming capability of the terminal device (read as he UE 1 notifies 501 the network 100 of its capabilities 51… The capabilities indicate that the UE 1 is capable of independent beam management for inter-band CA [0084]); wherein the first information comprises third indication information, and the third indication information is used for indicating beamforming capability information of the terminal device on a frequency band combination in a first frequency band group (read as capabilities of the UE to perform beam management of multiple Component Carriers, CC [0055]), wherein the first frequency band group comprises at least two frequency bands (read as a first CC in a first band and a second CC in a second band [0055]); wherein the processor (read as The memory storage 312 is configured for holding computer program code, which may be executed by the processing device [0039]) is further configured to: in response to that the first information does not comprise beamforming capability information corresponding to a plurality of frequency bands, determine that the terminal device has a CBM capability on the plurality of frequency bands (read as Non-independent BM means that the UE only has one fully controllable set of phase shifters over the whole frequency range of the CA. Therefore, it can only transmit and/or receive on multiple CCs using beams that point in similar directions (aligned, non-independent BM) [0029]); or in response to that the first information does not comprise beamforming capability information corresponding to the plurality of frequency bands, determine that the terminal device has an IBM capability on the plurality of frequency bands (read as independent BM means that the UE is capable of simultaneously transmitting and/or receiving on multiple Component Carriers (CC) using arbitrary beams, or spatial filters, on each CC [0027]). Flordelis et al. do not explicitly disclose the term CBM, although they cite “Non-independent BM means”. However, in the related field of endeavor, Sony et al. disclose … The UE can choose the preferred architecture based on the bands/regions it intends to support, the operator can deploy the cell based on their spectrum, and the network can configure the BM based on the reported UE capability as well as the availability of network resources. Therefore, IBM/CBM needs to be defined as a band pair capability which is declared by UEs (Section 2.1). Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Flordelis et al. with the teaching of Sony et al. in order to use wireless communication standards which provide compatibility among different manufacturers. Claim 15. The network device according to claim 14, the combination of Flordelis et al. and Sony et al. teaches, the combination of Flordelis et al. and Sony et al. teaches, wherein the first information is used for determining beamforming capability information of the terminal device on a plurality of frequency bands (Flordelis et al.: read as … affirmative capability to perform independent beam management on the first and the second band, or affirmative capability to perform independent beam management within a common spherical region on the first and the second band, or affirmative capability to perform aligned non-independent beam… [0062]. Different information is being provided by the terminal.). Claim 16. The network device according to claim 15, the combination of Flordelis et al. and Sony et al. teaches, wherein the first information comprises a first frequency interval and/or first indication information, wherein the first frequency interval is a frequency range supported by a common beam management (CBM) capability of the terminal device, and the first indication information is used for indicating that the terminal device has the CBM capability on the plurality of frequency bands (Flordelis et al.: The UE can choose the preferred architecture based on the bands/regions it intends to support, the operator can deploy the cell based on their spectrum, and the network can configure the BM based on the reported UE capability as well as the availability of network resources. Therefore, IBM/CBM needs to be defined as a band pair capability which is declared by UEs (Section 2.1)). Claim 18. The network device according to claim 14, the combination of Flordelis et al. and Sony et al. teaches, wherein the third indication information is used for indicating first beamforming capability information (Flordelis et al.: read as … affirmative capability to perform independent beam management on the first and the second band, or affirmative capability to perform independent beam management within a common spherical region on the first and the second band, or affirmative capability to perform aligned non-independent beam… [0062]. Different information is being provided by the terminal.), and the first beamforming capability information corresponds to all frequency band combinations in the first frequency band group (Flordelis et al.: read as …affirmative capability to communicate using inter-band CA on the first and the second band, affirmative capability to perform independent beam management on the first and the second band,… [0062]). Claim 20. The network device according to claim 15, the combination of Flordelis et al. and Sony et al. teaches, wherein the plurality of frequency bands comprises a plurality of uplink frequency bands (Flordelis et al.: read as UL transmission [0040]. Sony et al.: … independent DL/UL beam management should be a specific UE capability (Section 2.3)) and/or a plurality of downlink frequency bands (Flordelis et al.: read as DL reception [0040]. Sony et al.: … independent DL/UL beam management should be a specific UE capability (Section 2.3)). Claims 9,11, 17, 19. (Canceled) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892. PTO-892 includes additional prior art. For example Sun et al. (US 2022/0312458 A1) disclose the idea of a network node configuring CC list for a UE including CBM CCs. (FIG. 6). Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED RACHEDINE whose telephone number is (571)272-9249. The examiner can normally be reached Mon-Fri 8-5. 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, Matthew D. Anderson can be reached at (571)272-4177. 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. MOHAMMED . RACHEDINE Examiner Art Unit 2649 /MOHAMMED RACHEDINE/ Primary Examiner, Art Unit 2646
Read full office action

Prosecution Timeline

Jun 21, 2023
Application Filed
Jun 30, 2025
Non-Final Rejection — §103, §112
Sep 26, 2025
Response Filed
Oct 14, 2025
Final Rejection — §103, §112
Dec 12, 2025
Response after Non-Final Action
Jan 19, 2026
Request for Continued Examination
Jan 26, 2026
Response after Non-Final Action
Feb 06, 2026
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
87%
Grant Probability
98%
With Interview (+11.3%)
2y 4m
Median Time to Grant
High
PTA Risk
Based on 763 resolved cases by this examiner. Grant probability derived from career allow rate.

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