Prosecution Insights
Last updated: April 19, 2026
Application No. 18/264,350

EARLY BEAM FAILURE RECOVERY FOR REDUCED OUTAGE

Non-Final OA §102§103
Filed
Aug 04, 2023
Examiner
KIM, HARRY H
Art Unit
2411
Tech Center
2400 — Computer Networks
Assignee
Nokia Technologies Oy
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
98%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
484 granted / 538 resolved
+32.0% vs TC avg
Moderate +8% lift
Without
With
+8.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
40 currently pending
Career history
578
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
54.6%
+14.6% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
20.1%
-19.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 538 resolved cases

Office Action

§102 §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 . Election/Restrictions Applicant’s election without traverse of Invention I (claims 1-3, 6-8, 11-13, 20-23 and 27-29) directed to a terminal and a method in the reply filed on12/19/2025 is acknowledged. The non-elected Invention II (claims 15-16 and 18-19) are canceled. Claim Objections Claim(s) 6 and 22 is/are objected because of the following informalities (or vagueness): Regarding claims 6 and 22, said claims recite in part "a time period TTT". The abbreviation of TTT needs to be spelled out. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless –A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-3, 6, 12, 20-22 and 28 rejected under 35 U.S.C. 102(a) (1) as being anticipated by Yu et al. (US 2018/0227899, “Yu”). Examiner’s note: in what follows, references are drawn to Yu unless otherwise mentioned. Yu comprises the following features: With respect to independent claims: Regarding claim 1, a terminal device comprising: at least one processor (Fig. 2: 233 “Processor”); and at least one memory (Fig. 2: 234 “Memory”) including computer program code (Fig. 2: 235 “Program”), the at least one memory and the computer program code configured to, with the at least one processor, cause the terminal device to: detect a beam failure state in association with at least one serving beam ([0034] “Triggering UE-initiated transmission for beam failure recovery requires UE to monitor both serving BPL(s) and good BPL currently not used for communication. … The considered events include Event R1 (candidate becomes offset better than serving and serving becomes worse than threshold)”); determine if at least one non-serving beam better than the at least one serving beam is available ([0034] “Triggering UE-initiated transmission for beam failure recovery requires UE to monitor both serving BPL(s) and good BPL currently not used for communication. … The considered events include Event R1 (candidate becomes offset better than serving and serving becomes worse than threshold)”); and trigger an early beam failure recovery (BFR) procedure in a case where the beam failure state is detected and the at least one non-serving beam better than the at least one serving beam is available ([0035] “Time-to-trigger can be applied for event evaluation, i.e., event criteria should be satisfied”, and [0036] “Once the triggering condition is satisfied for a predefined evaluation period, UE 502 transmits a Beam Failure Recovery reQuest (BFRQ) 510 to BS”. Note that recitation of ‘an early BFR’ is not clear how early the BFR is being started. The recitation does not specifically describe about its conditions to be met for the ‘early BFR’ if it requires BFR starting conditions. Therefore, Yu’s transmitting a BFRQ once a triggering condition is met is considered to be equivalent to the feature.). Regarding claim 20, it is a method claim corresponding to the method claim 1, and is therefore rejected for the similar reasons set forth in the rejection of claim 1. With respect to dependent claims: Regarding claim 2, the terminal device of claim 1 wherein the at least one serving beam carries a downlink control channel ([0031] “the serving BPL is associated to control channel beam, e.g., physical downlink control channel (PDCCH).”). Regarding claims 3 and 21, the terminal device of claim 1 and the method of claim 20, respectively, wherein the beam failure state is detected when at least one of following conditions is satisfied: a number Y of beam failure instances (BFIs) are detected where the number Y is an integer larger than or equal to one (This alternative is not examined.); and at least one beam failure detection reference signal (BFD-RS) has a quality lower than a threshold ([0033] “The quality is measured based on UE-specifically configured CSI-RS resources and/or SS-blocks resources.”). Regarding claims 6 and 22, the terminal device of claim 1 and the method of claim 20, respectively, wherein the at least one non-serving beam is determined to be better than the at least one serving beam when at least one of following conditions is satisfied: the at least one non-serving beam has a quality better than the at least one serving beam by an offset Off ([0034] “Event R1 (candidate becomes offset better than serving and serving becomes worse than threshold)”) for a time period TTT ([0036] “Once the triggering condition is satisfied for a predefined evaluation period”); the at least one non-serving beam is included in at least one beam measurement report sent from the terminal device to network and has a quality better than the at least one serving beam; and the at least one non-serving beam is included as a highest quality beam in at least one beam measurement report sent from the terminal device to network (These alternatives are not examined.). Regarding claims 12 and 28, the terminal device of claim 1 wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the terminal device to and the method of claim 20, respectively, provide an indication that the early BFR procedure is performed to network during or after the early BFR procedure ([0036] “Once the triggering condition is satisfied for a predefined evaluation period, UE 502 transmits a Beam Failure Recovery reQuest (BFRQ) 510 to BS 501 over beam failure recovery resources.”). 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. Claim(s) 7 and 23 rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 2018/0227899, “Yu”) in view of Cirik et al. (US 2025/0280463, “Cirik”) and Jeon et al. (US 2023/0189387, “Jeon”). Examiner’s note: in what follows, references are drawn to Yu unless otherwise mentioned. Regarding claims 7 and 23, it is noted that while disclosing triggering a BFR procedure, Yu does not specifically teach about starting a timer when BF is detected and a candidate beam is identified and about starting a BFR procedure when a timer is expired. It, however, had been known in the art before the effective date of the instant application as shown by Cirik and Jeon as follows; the terminal device of claim 1 wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the terminal device to, and the method of claim 20, respectively,: start a timer T when the beam failure state is detected and the at least one non-serving beam is determined to be better than the at least one serving beam ([Cirik, 0465] “The timer 3310 may start after or in response to one or more of: the beam failure detection, new candidate beam identification”), wherein the early BFR procedure is triggered when the timer T expires ([Jeon, 0319] “The wireless device may start to perform the triggered and/or pending beam failure recovery procedure after or in response to an expiry of the beam failure recovery prohibit timer.”). Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Yu by using the features of Cirik and Jeon in order to improve BFR procedures such that “After sending a first signal associated with a first candidate beam for beam failure recovery, the wireless device may send a second signal associated with a second candidate beam for beam failure recovery.” [Cirik, Abstract], and “The wireless device measures, in the RRC inactive state and based on a time duration started in response to a data transmission via the configured grant, a downlink signal for detection of a beam failure instance.” [Jeon, Abstract]. Claim(s) 8 rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 2018/0227899, “Yu”) in view of Cirik et al. (US 2025/0280463, “Cirik”) and Jeon et al. (US 2023/0189387, “Jeon”), and further in view of Hwang et al. (US 2021/0235422, “Hwang”). Examiner’s note: in what follows, references are drawn to Yu unless otherwise mentioned. Regarding claim 8, it is noted that while disclosing triggering a BFR procedure, Yu does not specifically teach about stopping a timer in response to receiving a beam switching command. It, however, had been known in the art before the effective date of the instant application as shown by Hwang as follows; the terminal device of claim 7 wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the terminal device to: stop the timer T ([Hwang, 0068] “In the case where the timer stops in the course of the beam switching procedure”) in response to one or more of: a beam switching command received from network ([Hwang, 0062] “receives a beam switching indication from the base station”); a cell change command received from the network; and a radio resource control (RRC) level measurement reporting event A3 triggered at the terminal device (These alternatives are not examined.). Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Yu by using the features of Hwang in order to effectively manage radio link failure such that “The method includes identifying an out-of-synchronization (OOS) or in-synchronization (IS) indication for multiple receive beams” [Hwang, 0009]. Claim(s) 11 and 27 rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 2018/0227899, “Yu”) in view of Jung et al. (US 2023/0208579, “Jung”). Examiner’s note: in what follows, references are drawn to Yu unless otherwise mentioned. Regarding claims 11 and 27, it is noted that while disclosing triggering a BFR procedure, Yu does not specifically teach about state of a serving beam or channel. It, however, had been known in the art before the effective date of the instant application as shown by Jung as follows; the terminal device of claim 1 wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the terminal device to and the method of claim 20, respectively, indicate information of the at least one serving beam to network during the early BFR procedure ([Jung, 0072] “a UE may consistently report a first serving control channel with high RSRP for a while (based on periodic beam reporting), and may trigger a beam failure recovery procedure due to temporary blocking on the first serving control channel.”). Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Yu by using the features of Jung in order to improve BFR procedures such that “One apparatus for transmitting device capability information includes a processor that operates the apparatus with multiple antenna port groups for communication between the apparatus and a network” [Zheng, 0010]. Claim(s) 13 and 29 rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (US 2018/0227899, “Yu”) in view of Zheng et al. (US 2025/0300718, “Zheng”). Examiner’s note: in what follows, references are drawn to Yu unless otherwise mentioned. Regarding claims 13 and 29, it is noted that while disclosing triggering a BFR procedure, Yu does not specifically teach about reporting capability. It, however, had been known in the art before the effective date of the instant application as shown by Zheng as follows; the terminal device of claim 1 wherein the at least one memory and the computer program code are further configured to, with the at least one processor, cause the terminal device to and the method of claim 20, respectively, report capability of the terminal device to network, the capability of the terminal device including an indicator indicating that the terminal device supports the early BFR procedure ([Zheng, 0078] “UE 115 may transmit a first message 348 that includes a capability indicator. As illustrated in FIG. 3, the first message 348 includes an indicator 392. Indicator 392 may indicate a capability and/or configuration for BFR MAC CE capability, such as a MAC CE layout.); and receive configuration for the early BFR procedure from the network ([Zheng, 0078] “base station 105 sends control information to indicate to UE 115 that MAC CE are to be used in BFR operations.”). Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Yu by using the features of Zheng in order to improve BFR procedures such that “transmitting, by the UE, a MAC CE including serving cell identification information and new beam information.” [Zheng, 0010]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Harry H. Kim whose telephone number and email address are as follows; 571-272-5009, harry.kim2@uspto.gov. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached at 571-272-3123. Information regarding the status of an application may be obtained from www.uspto.gov. For questions or assistance, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (in USA or Canada) or 571-272-1000. /HARRY H KIM/ Primary Examiner, Art Unit 2411
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Prosecution Timeline

Aug 04, 2023
Application Filed
Jan 24, 2026
Non-Final Rejection — §102, §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
98%
With Interview (+8.5%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 538 resolved cases by this examiner. Grant probability derived from career allow rate.

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