Prosecution Insights
Last updated: July 17, 2026
Application No. 18/353,533

REDCAP UE FALLBACK

Non-Final OA §102§103
Filed
Jul 17, 2023
Examiner
PATEL, DHAVAL V
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Qualcomm Incorporated
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
1139 granted / 1327 resolved
+23.8% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
33 currently pending
Career history
1351
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
85.1%
+45.1% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
2.6%
-37.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1327 resolved cases

Office Action

§102 §103
CTNF 18/353,533 CTNF 83566 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 1-3, 19-21, 27, 28 and 30 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Velev et al. (US 2019/0357037)(hereinafter Velev) . Regarding claims 1 and 27, Velev discloses an apparatus of wireless communication at a user equipment (UE) (see, Fig. 5, UE, Figs. 3A-3B), comprising: at least one memory (see, Fig. 5); and at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory, the at least one processor, individually or in any combination (see, Fig. 5, UE including instructions stored in memory and executed by the processor to perform the disclosed method), is configured to: identify, based on a support of a cell for the UE operating with reduced capability, a cell type of the cell ((Figures 3A-3B; Par. 0090, 0114; UE 205 detects LTE coverage and determines to initiate dual registration mode of operation. The UE 205 decides to change radio capabilities in the currently used system, e.g., in the 5GS/NR (see block 320)), wherein the cell type is one of a reduced capability (RC) type (Figures 3A-3B, 5; Par. 0090, 0098, 0123; the UE 205 decides to change radio capabilities in the currently used system, e.g., in the 5GS/NR (see block 320) UE 205 in CM/EMM Idle or RM Deregistered state: the NAS layer performs AS layer modification (see block 345). For example, the AS layer may increase or decrease radio capabilities, e.g., by including or excluding a RAT capability.),, a fallback (FB) type(Figures 3A-3B, 5; Par. 0090, 0098, 0123; the UE 205 decides to change radio capabilities in the currently used system, e.g., in the 5GS/NR (see block 320). UE 205 in CM/EMM Idle or RM Deregistered state: the NAS layer performs AS layer modification (see block 345). For example, the AS layer may increase or decrease radio capabilities, e.g., by including or excluding a RAT capability.), or a neither (N) type(Due to presence of alternative language, this claim limitation was not elected for prosecution.), wherein the RC type indicates the support for the UE operating with the reduced capability(Figures 3A-3B; Par. 0098-0099, 0123; UE 205 initiates NAS procedure (e.g., Registration procedure) to indicate change of its radio capabilities (e.g., to reduce radio capabilities by excluding the radio capabilities of a RAT or to increase the radio capabilities) (see messaging 350). The UE 205 may use Registration Request message having a type of Mobility Registration Update and including an indication that radio capability change is required. This indication can be called e.g., ‘UE 205 radio capability’ or ‘UE 205 radio capability change’ or any other similar parameter name can be used. This ‘UE 205 radio capability change’ indication causes at the AMF 230 to perform the steps 6b and/or 6c. The AMF 230 may reply to the UE 205 with Registration Accept message including an appropriate cause value of accepting or rejecting the requested radio capability change.), the FB type indicates a lack of the support for the UE operating with the reduced capability and a support for establishing a connection with the UE operating with the reduced capability (Figures 3A-3B; Par. 0098-0099, 0123; UE 205 initiates NAS procedure (e.g., Registration procedure) to indicate change of its radio capabilities (e.g., to reduce radio capabilities by excluding the radio capabilities of a RAT or to increase the radio capabilities) (see messaging 350). The UE 205 may use Registration Request message having a type of Mobility Registration Update and including an indication that radio capability change is required. This indication can be called e.g., ‘UE 205 radio capability’ or ‘UE 205 radio capability change’ or any other similar parameter name can be used. This ‘UE 205 radio capability change’ indication causes at the AMF 230 to perform the steps 6b and/or 6c. The AMF 230 may reply to the UE 205 with Registration Accept message including an appropriate cause value of accepting or rejecting the requested radio capability change.), and the N type indicates the lack of the support for the UE operating with the reduced capability and a lack of the support for establishing the connection with the UE operating with the reduced capability; and manage, based on the cell type, the connection between the UE and the cell. (Figures 3A-3B; Par. 0098-0099, 0123; UE 205 initiates NAS procedure (e.g., Registration procedure) to indicate change of its radio capabilities (e.g., to reduce radio capabilities by excluding the radio capabilities of a RAT or to increase the radio capabilities) (see messaging 350). The UE 205 may use Registration Request message having a type of Mobility Registration Update and including an indication that radio capability change is required. This indication can be called e.g., ‘UE 205 radio capability’ or ‘UE 205 radio capability change’ or any other similar parameter name can be used. This ‘UE 205 radio capability change’ indication causes at the AMF 230 to perform the steps 6b and/or 6c. The AMF 230 may reply to the UE 205 with Registration Accept message including an appropriate cause value of accepting or rejecting the requested radio capability change.). Regarding claim 2, Velev further discloses the apparatus of claim 1, further comprising a transceiver coupled to the at least one processor, wherein, to manage the connection between the UE and the cell, the at least one processor, individually or in any combination, is configured to manage the connection between the UE and the cell via the transceiver, and wherein the at least one processor, individually or in any combination, is further configured to: output an indication of the managed connection between the UE and the cell. (Figures 3A-3B; Par. 0098-0099, 0123; UE 205 initiates NAS procedure (e.g., Registration procedure) to indicate change of its radio capabilities (e.g., to reduce radio capabilities by excluding the radio capabilities of a RAT or to increase the radio capabilities) (see messaging 350). The UE 205 may use Registration Request message having a type of Mobility Registration Update and including an indication that radio capability change is required. This indication can be called e.g., ‘UE 205 radio capability’ or ‘UE 205 radio capability change’ or any other similar parameter name can be used. This ‘UE 205 radio capability change’ indication causes at the AMF 230 to perform the steps 6b and/or 6c. The AMF 230 may reply to the UE 205 with Registration Accept message including an appropriate cause value of accepting or rejecting the requested radio capability change.). Regarding claim 3. The apparatus of claim 2, wherein, to output the indication of the managed connection between the UE and the cell, the at least one processor, individually or in any combination, is configured to: transmit the indication of the managed connection between the UE and the cell; or store the indication of the managed connection between the UE and the cell. Regarding claim 19, Velev further discloses the apparatus of claim 1, wherein, to manage the connection between the UE and the cell, the at least one processor, individually or in any combination, is configured to: manage a mobility procedure of the UE (see para [0033]). Regarding claim 20, Velev further discloses the apparatus of claim 19, wherein the cell is a first cell of a first RAT or a second RAT, and wherein the mobility procedure of the UE includes one of: a reselection process for selecting a second cell from a plurality of cells for the UE, wherein the second cell is of the second RAT (see, para [0061]), a redirection process for selecting the second cell for the UE, a connected mode measurement process for selecting the second cell for the UE, a handover for selecting the second cell for the UE (see, para [0033]), an out-of-service (OGS) scan for selecting the second cell for the UE, a radio link failure (RLF) scan for selecting the second cell for the UE, or a power scan for selecting the second cell for the UE. Regarding claim 21, Velev further discloses the apparatus, wherein the first RAT is LTE, and the second RAT is NR (see, para [0069]). Regarding claims 28 and 30, Velev further discloses an apparatus of wireless communication at a network node, comprising: at least one memory; and at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory, the at least one processor, individually or in any combination, is configured to: configure, based on a user equipment (UE) operating with reduced capability(Figures 3A-3B; Par. 0098-0099, 0123; UE 205 initiates NAS procedure (e.g., Registration procedure) to indicate change of its radio capabilities (e.g., to reduce radio capabilities by excluding the radio capabilities of a RAT or to increase the radio capabilities) (see messaging 350).), a communication setting for the network node accommodating the reduced capability of the UE, wherein the communication setting reduces a communication capability of the network node(Figures 3A-3B; Par. 0098-0099, 0123; UE 205 initiates NAS procedure (e.g., Registration procedure) to indicate change of its radio capabilities (e.g., to reduce radio capabilities by excluding the radio capabilities of a RAT or to increase the radio capabilities) (see messaging 350). The UE 205 may use Registration Request message having a type of Mobility Registration Update and including an indication that radio capability change is required. This indication can be called e.g., ‘UE 205 radio capability’ or ‘UE 205 radio capability change’ or any other similar parameter name can be used. This ‘UE 205 radio capability change’ indication causes at the AMF 230 to perform the steps 6b and/or 6c. The AMF 230 may reply to the UE 205 with Registration Accept message including an appropriate cause value of accepting or rejecting the requested radio capability change.); and communicate, based on the communication setting, with the UE(Figures 3A-3B; Par. 0098-0099, 0123; ‘UE 205 radio capability change’ indication causes at the AMF 230 to perform the steps 6b and/or 6c. The AMF 230 may reply to the UE 205 with Registration Accept message including an appropriate cause value of accepting or rejecting the requested radio capability change) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-103 AIA The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 07-23-aia AIA 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 non-obviousness. 07-21-aia AIA Claim (s) 4, 5 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Velev in view of Tran et al. (US 2025/0351186) (hereafter Tran) . Regarding claim 4, Velev does not explicitly disclose the apparatus wherein the reduced capability is an operational frequency bandwidth of the UE limited by a bandwidth threshold. However, in same field of endeavor, Tran teaches in para [0140], Rel-17 NR supports a reduced capability (RedCap) UEs with the reduced maximum BWs: 20 MHz for FR1 and 100 MHz for FR2. If an initial uplink (UL) bandwidth part (BWP) (e.g., for non-RedCap UEs) is wider than a maximum bandwidth (BW) of RedCap UEs, a separate initial UL BWP (for example, separate UL BWP 1402 is configured for RedCap UEs while separate UL BWP 1404 is configured for non-RedCap UEs in illustration 1400 of FIG. 14) for RedCap UEs within their maximum BW is always configured during initial access. Within the separate initial UL BWP, RO for the RedCap UEs is configured. Therefore, it would have been obvious to one of ordinary skilled in the before the effective filing date of the claimed invention to combine the teachings of Tran with the Velev, as a whole, so as to communication with cell using reduced capacity, the motivation is to achieve high operational benefits. Regarding claim 5, the combined teachings further disclose the apparatus of claim 4, wherein the bandwidth threshold is 20 MHz (Tran teaches in para [0140], Rel-17 NR supports a reduced capability (RedCap) UEs with the reduced maximum BWs: 20 MHz for FR1 and 100 MHz for FR2. If an initial uplink (UL) bandwidth part (BWP) (e.g., for non-RedCap UEs) is wider than a maximum bandwidth (BW) of RedCap UEs, a separate initial UL BWP (for example, separate UL BWP 1402 is configured for RedCap UEs while separate UL BWP 1404 is configured for non-RedCap UEs in illustration 1400 of FIG. 14) for RedCap UEs within their maximum BW is always configured during initial access. Within the separate initial UL BWP, RO for the RedCap UEs are configured.). Regarding claim 29, Velev does not disclose the apparatus further comprising a transceiver coupled to the at least one processor, wherein, to communicate with the UE, the at least one processor, individually or in any combination, is configured to communicate with the UE via the transceiver, and wherein the reduced capability includes one of: an operational frequency bandwidth of the UE limited by a bandwidth threshold, a number of data radio bearers (DRB) limited by a DRB threshold, or a length of a sequence number used in radio link control (RLC) and packet data convergence protocol (PDCP) layers limited by a length threshold. However, in same field of endeavor, Tran teaches in para [0140], Rel-17 NR supports a reduced capability (RedCap) UEs with the reduced maximum BWs: 20 MHz for FR1 and 100 MHz for FR2. If an initial uplink (UL) bandwidth part (BWP) (e.g., for non-RedCap UEs) is wider than a maximum bandwidth (BW) of RedCap UEs, a separate initial UL BWP (for example, separate UL BWP 1402 is configured for RedCap UEs while separate UL BWP 1404 is configured for non-RedCap UEs in illustration 1400 of FIG. 14) for RedCap UEs within their maximum BW is always configured during initial access. Within the separate initial UL BWP, RO for the RedCap UEs is configured. Therefore, it would have been obvious to one of ordinary skilled in the before the effective filing date of the claimed invention to combine the teachings of Tran with the Velev, as a whole, so as to communication with cell using reduced capacity, the motivation is to achieve high operational benefits . 07-21-aia AIA 10. Claim (s) 24 is rejected under 35 U.S.C. 103 as being unpatentable over Velev in view of Xin et al. (US 2022/0417811)( hereinafter Xin) . Regarding claim 24, Velev does not disclose the apparatus wherein the reduced capability is a number of data radio bearers (DRB) limited by a DRB threshold. Xin shows an operational frequency bandwidth of the UE limited by a bandwidth threshold (Par. 0135-0138; Compared with the legacy UE, the reduced capability UE supports a narrower bandwidth, and the narrower bandwidth is a bandwidth less than a preset threshold.), Therefore, , it would have been obvious before the effective filing date of the claimed invention to modify the system of Velev as taught by Xin, in order to provide motivation to prevent reduced capability UE from camping on a legacy network device, or prevent reduced capability UE from being handed over to a legacy network device (Par. 0006 of Xin) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 11. Claim s 6-18, 22, 23, 25 and 26 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. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hu et al. (US 20240147222 A1) discloses a terminal recognition method and a computer device are provided. The method includes receiving a first message through a sidelink, wherein the first message is a message transmitted by a second terminal before the second terminal performs a capability information exchange process with the first terminal through the sidelink; and recognizing a terminal type of the second terminal based on the first message, wherein the terminal type comprises a Reduced Capability (RedCap) terminal. Ohlsson et al. (US 20230199618 A1) discloses a method performed by a network node, for controlling access of a first User Equipment (UE) and a second UE to a cell in a radio communications network is provided. The first UE is of a low complexity type, and wherein the second UE is of a regular type. A first association is assigned to the first UE. The first association associates the first UE with its low complexity type. A second association is assigned to the second UE. The second association associates the second UE with its regular type. The network node controls (302) access of the first UE and second UE by sending a rule to the first UE and second UE. The rule is related to access control that is different for UEs with different associations, for accessing to the radio communications network. The rule triggers the first UE to perform access barring check based on the first association and the obtained rule when initiating an access attempt to the cell, while the second UE performs access barring check based on the second association and the obtained rule. Jia (US 20210105694 A1) discloses wireless network operations can choose a long-term evolution (LTE) and 5G new radio (NR) dual connectivity deployment architecture using LTE as the anchor radio access network (RAN) node and adding mmWave NR as a secondary node when available. However, dual LTE/NR radios can consume more power and contribute more heat, thus degrading performance of radio frequency components. The overheating can be addressed by the user equipment (UE) sending an information message to indicate areas in which it requests to operate with reduced capability. Consequently, the network can determine whether to grant the request, or the UE can switch between NR to LTE depending on NR downlink channel quality. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DHAVAL V PATEL whose telephone number is (571)270-1818. The examiner can normally be reached Monday to Friday (8:00am-4:30pm). 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 supervisor, Hannah Wang can be reached at 571-272-9018. 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. /DHAVAL V PATEL/Primary Examiner, Art Unit 2631 Application/Control Number: 18/353,533 Page 2 Art Unit: 2631 Application/Control Number: 18/353,533 Page 4 Art Unit: 2631 Application/Control Number: 18/353,533 Page 5 Art Unit: 2631 Application/Control Number: 18/353,533 Page 6 Art Unit: 2631 Application/Control Number: 18/353,533 Page 7 Art Unit: 2631 Application/Control Number: 18/353,533 Page 8 Art Unit: 2631 Application/Control Number: 18/353,533 Page 9 Art Unit: 2631 Application/Control Number: 18/353,533 Page 10 Art Unit: 2631 Application/Control Number: 18/353,533 Page 11 Art Unit: 2631 Application/Control Number: 18/353,533 Page 12 Art Unit: 2631 Application/Control Number: 18/353,533 Page 13 Art Unit: 2631 Application/Control Number: 18/353,533 Page 14 Art Unit: 2631 Application/Control Number: 18/353,533 Page 15 Art Unit: 2631 Application/Control Number: 18/353,533 Page 16 Art Unit: 2631 Application/Control Number: 18/353,533 Page 17 Art Unit: 2631 Application/Control Number: 18/353,533 Page 18 Art Unit: 2631 Application/Control Number: 18/353,533 Page 19 Art Unit: 2631
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Prosecution Timeline

Jul 17, 2023
Application Filed
Jun 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+15.0%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1327 resolved cases by this examiner. Grant probability derived from career allowance rate.

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