Prosecution Insights
Last updated: July 17, 2026
Application No. 18/270,391

METHOD AND APPARATUS FOR CONDITIONAL PATH SWITCH IN A WIRELESS COMMUNICATION SYSTEM

Final Rejection §103
Filed
Jun 29, 2023
Priority
Dec 30, 2020 — nonprovisional of PCTCN2020141416
Examiner
TORRES, MARCOS L
Art Unit
2647
Tech Center
2600 — Communications
Assignee
Lenovo (United States) Inc.
OA Round
2 (Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
471 granted / 701 resolved
+5.2% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
35 currently pending
Career history
751
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
87.6%
+47.6% vs TC avg
§102
6.2%
-33.8% vs TC avg
§112
4.1%
-35.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 701 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 . Response to Arguments Applicant’s arguments with respect to claim(s) have been considered but are moot because in view of the new ground of rejection. 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. 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. Claim(s) 1-4, 6-8, 16-19 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Wu 20210105690 in view of Van Phan 20230388769. As to claim 1, Wu discloses a user equipment (UE) [102] for wireless communication, comprising: at least one memory; and at least one processor coupled with the at least one memory [the user device can include one or more general-purpose processors, a computer-readable memory, a user interface, one or more network interfaces] (see par. 0198), and configured to cause the UE to: receive, from a serving cell [104A], a radio resource control (RRC) reconfiguration message [312] including at least one conditional path switch configuration, the at least one conditional path switch configuration indicating at least one execution condition for the at least one candidate [RRC reconfiguration(s) and at least one condition corresponding to the RRC reconfiguration(s); for examination purposes “path switch” and it’s configuration applies to any path of the communication] (see par.0064); evaluate the at least one execution condition [316] (see par. 0065); and initiate a path switch [330] procedure with a target node in response to an execution condition for the target node being met (see par. 0065-0067). Wu fails to disclose relays. In an analogous art, Van Phan discloses wherein the target node comprises the at least one candidate relay (see par. 0019, 0108). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to add candidate relay or a list of candidate relays for the simple purpose of increasing coverage while maintain the quality of the communication. As to claim 2, Wu discloses the UE of claim 1, wherein the at least one conditional path switch configuration indicates the at least one execution condition for at least one candidate relay and at least one execution condition for at least one candidate cell [The condition(s) may be specific to only the first candidate target cell, or may be specific to multiple (some or all) candidate target cells of the C-BS 106A if more than one cell is a candidate] (see par. 0064). Wu fails to disclose relays. In an analogous art, Van Phan discloses one candidate relay or a list of candidate relays and wherein the at least one execution condition includes at least one of a first execution condition for one candidate relay or a list of candidate relays (see par. 0019, 0108). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to add candidate relay or a list of candidate relays for the simple purpose of increasing coverage while maintain the quality of the communication. As to claims 3-4 and 18-19, Wu discloses the UE of claim 1, wherein the at least one conditional path switch configuration includes at least one of a conditional path switch configuration for one candidate; wherein the at least one execution condition includes at least one of a first execution condition for one candidate (see par. 0064-0067). Wu fails to disclose relays. In an analogous art, Van Phan discloses one candidate relay or a list of candidate relays and wherein the at least one execution condition includes at least one of a execution condition for one candidate relay or a plurality of candidate relays (see par. 0019, 0108). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to add candidate relay or a list of candidate relays for the simple purpose of increasing coverage while maintain the quality of the communication. As to claim 6, Wu discloses the UE of claim 4, wherein the at least one processor is configured to cause the UE to, in response to the execution condition for a candidate cell and a second execution condition for a candidate cell being met, at least one of: select the candidate cell in priority (see par. 0072); select the candidate relay in priority; or select the target node from the candidate relay and the candidate cell according to a best channel quality among a channel quality between the candidate relay and the UE and a channel quality between the candidate cell and the UE. Wu fails to disclose relays. In an analogous art, Van Phan discloses one candidate relay (see par. 0019, 0108). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to add candidate relay or a list of candidate relays for the simple purpose of increasing coverage while maintain the quality of the communication. As to claim 7, Wu discloses the UE apparatus UE of claim 4, wherein the at least one processor is configured to cause the apparatus UE to: determine that a plurality of candidate nodes satisfies a path switch condition in response to at least one of the execution conditions for the plurality of candidate cell being met, an execution condition for a plurality of candidate cells being met, or the at least one execution the execution condition the at least one candidate cells being met; and select the target node from the plurality of candidate nodes based on latencies between the plurality of candidate nodes and the UE (see par. 0064-0067). Wu fails to disclose relays. In an analogous art, Van Phan discloses one candidate relay or a list of candidate relays and wherein the at least one execution condition includes at least one of a first execution condition for one candidate relay or a list of candidate relays (see par. 0019, 0108). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to add candidate relay or a list of candidate relays for the simple purpose of increasing coverage while maintain the quality of the communication. As to claim 8, Wu discloses the apparatus UE of claim 1, wherein the at least one processor is configured to cause the apparatus UE to: keep, in response to the target node being the serving cell or a relay served by the serving cell, the at least one conditional path switch configuration [The S-BS 104A transmits 312 the RRC container message to the UE 102. Upon receiving the RRC container message, the UE 102 can store the RRC reconfiguration(s) and its corresponding condition(s).] (see par. 0064); and release, in response to at least one of the target node being a cell different from the serving cell or a relay served by the cell different from the serving cell, the at least one conditional path switch configuration (see par. 0059, 0106, 0117). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to keep information if it still is needed or release information when is no longer needed; thereby, efficiently managing the devices resources. Wu fails to disclose relays. In an analogous art, Van Phan discloses one candidate relay or a list of candidate relays (see par. 0019, 0108). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to add candidate relay or a list of candidate relays for the Regarding claims 16-17 and 22, they are the corresponding method and processor claims of UE claims 1-2. Therefore, claims 16-17 and 22 are rejected for the same reasons as shown above. Please note for claim 22 that “operable to” does not require to perform, just the ability or possibility and the same structure will have the same operability (see MPEP 2103I.C.). Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Li 20220322202. As to claim 9, Wu discloses wherein the RRC reconfiguration message indicates configuration information (see par. 0064-0067). Wu fails to disclose at least one of: an indication of whether a consecutive path switch is allowed or not; a maximum number of path switches; or a value of a timer for consecutive path switch. In an analogous art, Li discloses at least one of: an indication of whether a consecutive path switch is allowed or not; a maximum number of path switches; or a value of a timer for consecutive path switch (see par. 0208). Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to limit the path switch in order to avoid the deterioration of the communication. Allowable Subject Matter Claims 5, 10-14 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: the limitations of wherein the RRC reconfiguration message indicates: a first offset for a first channel quality based on a discovery message between the UE and a candidate relay when comparing the first channel quality with a second channel quality of a PC5 link associated with the UE; a second offset for the first channel quality when comparing the first channel quality with a third channel quality of a Uu link associated with the UE; and a third offset for the second channel quality when comparing the second channel quality with the third channel quality; wherein the at least one processor is configured to cause the UE to: set a counter for path switch to zero in response to receiving the RRC reconfiguration message when the maximum number of path switches is indicated in the RRC reconfiguration message; wherein the at least one processor is configured to cause the UE to: start the timer for consecutive path switch in response to the initiation of the path switch procedure when the value of the timer for consecutive path switch is indicated in the RRC reconfiguration message; wherein the at least one processor is configured to cause the UE to: initiate, in response to the value of a counter for path switch being equal to or greater than the maximum number of path switches or expiry of the timer for consecutive path switch, one or more of a reestablishment procedure or falling back to a Uu link between the UE and the serving cell; have not been found nor have been fairly suggested in the prior art search. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS L TORRES whose telephone number is (571)272-7926. The examiner can normally be reached 10:00 AM - 6:00 PM M-F. 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, Alison Slater can be reached at (571)270-0375. 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. MARCOS L. TORRES Primary Examiner Art Unit 2647 /MARCOS L TORRES/Primary Examiner, Art Unit 2647
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Prosecution Timeline

Jun 29, 2023
Application Filed
Jan 23, 2026
Non-Final Rejection mailed — §103
Feb 17, 2026
Interview Requested
Mar 02, 2026
Applicant Interview (Telephonic)
Mar 02, 2026
Examiner Interview Summary
Apr 21, 2026
Response Filed
Jun 11, 2026
Final Rejection mailed — §103
Jun 17, 2026
Interview Requested

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

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Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
79%
With Interview (+11.4%)
3y 4m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 701 resolved cases by this examiner. Grant probability derived from career allowance rate.

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