Prosecution Insights
Last updated: July 17, 2026
Application No. 18/356,600

PATH SWITCHING METHOD, TERMINAL AND NETWORK SIDE DEVICE

Non-Final OA §102§103§112
Filed
Jul 21, 2023
Priority
Jan 25, 2021 — CN 202110100043.7 +1 more
Examiner
ROBERTS, BRIAN S
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Vivo Mobile Communication Co., Ltd.
OA Round
3 (Non-Final)
85%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
635 granted / 746 resolved
+27.1% vs TC avg
Minimal +3% lift
Without
With
+3.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
12 currently pending
Career history
754
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
51.2%
+11.2% vs TC avg
§102
10.5%
-29.5% vs TC avg
§112
27.6%
-12.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 746 resolved cases

Office Action

§102 §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 . Claims 1, 3-14, and 16-20 remain pending. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/02/2026 has been entered. Claim Objections Claims 8, 10, 12, 13, 16, and 18 are objected to because of the following informalities: Claim 8 line 10 “PHR” should read –(PHR)— Claim 8 line 13 “UCI” should read –(UCI)— Claim 10 line 9 “RNTI” should read –(RNTI)— Claim 10 line 9 “dedicated DCI” should read –dedicated downlink control information (DCI)— Claim 10 line 10 “DCI” should read –(DCI)— Claim 12 line 4 “DCI” should read –downlink control information (DCI)— Claim 12 line 5 “SC-PTM” should read –(SC-PTM)— Claim 13 line 21 “UCI” should read –uplink control information (UCI)— Claim 13 line 23 “MAC CE” should read –(MAC CE)— Claim 13 line 24 “RRC” should read –(RRC)— Claim 13 line 26 “NAS” should read –(NAS)— Claim 16 line 20 “RNTI” should read –(RNTI)— Claim 18 line 8 “PHR” should read –(PHR)— Claim 18 line 11 “UCI” should read –(UCI)— Appropriate correction is required. 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. Claims 1, 3-14, and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In reference to claim 1 Claim 1 recites the limitation "an eighth path" in line 30. There is insufficient antecedent basis for this limitation in the claim because the claim fails to recite a “fifth path”, a “sixth path” and a “seventh path”. In reference to claim 9 The terms “K1” and “K2” in lines 5 render the claim indefinite because the terms are not defined. The applicant should define the terms so that the meets and bounds of the claim are clear. In reference to claim 14 Claim 14 recites the limitation "a third condition" in line 3. There is insufficient antecedent basis for this limitation in the claim because the claim fails to recite a “first condition” and “second condition”. A “third condition” should be amended to “first condition”. Claim 14 recites the limitation "an eighth path" in line 30. There is insufficient antecedent basis for this limitation in the claim because the claim fails to recite a “fifth path”, a “sixth path” and a “seventh path”. In reference to claim 18 Claim 18 recites the limitation "a second condition" in line 3-4. There is insufficient antecedent basis for this limitation in the claim because the claim fails to recite a “first condition”. In reference to claim 19 Claim 19 recites the limitation "an eighth path" in line 30. There is insufficient antecedent basis for this limitation in the claim because the claim fails to recite a “fifth path”, a “sixth path” and a “seventh path”. In reference to claims 3-8, 10-13, 16-17, and 20 Claims 3-8, 10-13, 16-17, and 20 are rejected because they depend on a rejected parent claim. Claim Rejections - 35 USC § 102 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. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 3, 5-12, 14 and 18-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by LI et al. (US 2022/0322202). - In reference to claim 1 LI et al. teaches a path switching method (Fig. 28A-B, par. 0287-0292), wherein the method is performed by a first terminal (e.g. UE 1 301, Fig. 28A-B, par. 0287) and comprises: performing switching between at least two paths (e.g. 5GC path to PC5 path; par. 0287) when a first condition is met, wherein the first condition comprises at least one of the following: a path switching indication (e.g. Switch response 330 received by UE 1; par. 0291) sent by a network side device (e.g. combination RAN Node 303/AMF 305) is received, wherein the path switching indication is used to instruct the first terminal to switch between the at least two paths; a path switching request is sent to the network side device wherein the path switching request is used to request the network side device to switch the first terminal between the at least two paths; a prescribed signal is detected, wherein the prescribed signal is a signal corresponding to a target path, and the target path is one of the at least two paths; a signal detection result corresponding to the prescribed signal is reported; and the signal detection result meets a predefined condition; wherein the at least two paths comprise at least one of the following: a first path used by the first terminal to transmit data to a second terminal (e.g. PC5 path to transmit data from UE 1 to UE 2; par. 0292); a second path used by the first terminal to transmit data to the second terminal through the network side device; a third path used by the second terminal to deputize for the first terminal to perform uplink transmission; a fourth path comprising the first path and the second path, wherein in a case that both the first path and the second path are maintained, a connection corresponding to the first path or a connection corresponding to the second path is in a suspend state; an eighth path used by the first terminal to deputize for the second terminal to perform uplink transmission. - In reference to claim 3 (Examiner note: the path switching request is not required by the claim) The method according to claim 1, wherein the path switching request comprises at least one of the following: an identifier of a second terminal; an identifier of a target bearer corresponding to the target path; an identifier of a target network corresponding to the target path; a target link on which path switching is initiated; the target path; a reason for initiating path switching; a transmission manner of the path switching request; and first indication information used to indicate whether reporting of the path switching request is authorized by the network side device, wherein the reason for initiating path switching comprises at least one of the following: a human body radiation limitation; a terminal power consumption limitation; a network coverage limitation; and a network throughput limitation. - In reference to claim 5 LI et al. further teaches: sending an identifier of a second terminal (e.g. IP address of UE 302; par. 0287) and/or a target network identifier to the network side device. In reference to claim 6 (Examiner note: the following is a contingent limitation that is not required to be performed when the condition precedent (i.e. a prescribed signal is detected) is not met. Consequently, the language is not required by the claim. see MPEP § 2111.04, subsection II) The method according to claim 1, wherein the performing switching between at least two paths comprises: determining the target path based on whether the first terminal and the second terminal are in different cells; and switching to the target path. - In reference to claim 7 (Examiner note: the following is a contingent limitation that is not required to be performed when the condition precedent (i.e. the target path is the third path) is not met. Consequently, the language is not required by the claim. see MPEP § 2111.04, subsection II) 7. The method according to claim 6, wherein in a case that the target path is the third path, the performing switching between at least two paths comprises: in a case that a first uplink channel corresponding to the first terminal meets a second condition, delegating the first uplink channel corresponding to the first terminal to the second terminal. - In reference to claim 8 (Examiner note: the following language is not required by the claim) 8. The method according to claim 7, wherein before the delegating the first uplink channel corresponding to the first terminal to the second terminal, the method further comprises: sending first information to the network side device, wherein the first information comprises the second condition used to delegate the first uplink channel corresponding to the first terminal to the second terminal; and/or, wherein the second condition comprises at least the following: a quantity of transmit bits is greater than a first predetermined value; a power headroom report PHR is less than a second predetermined value; information corresponding to a specific bearer is sent; information corresponding to a specific logical channel is sent; and uplink control information UCI is carried. - In reference to claim 9 (Examiner note: the following is a contingent limitation that is not required to be performed when the condition precedent (i.e. the first uplink channel corresponding to the first terminal is delegated to the second terminal) is not met. Consequently, the language is not required by the claim. see MPEP § 2111.04, subsection II) The method according to claim 7, wherein in a case that the first uplink channel corresponding to the first terminal is delegated to the second terminal, a value of a specified parameter corresponding to the first uplink channel is increased by a third predetermined value compared with sending by the first terminal, and the specified parameter is a minimum value in K1 and K2. - In reference to claim 10 (Examiner note: the following is a contingent limitation that is not required to be performed when the condition precedent (i.e. switching to the second path) is not met. Consequently, the language is not required by the claim. see MPEP § 2111.04, subsection II) 10. The method according to claim 2, wherein in a case of switching to the second path, the method further comprises at least one of the following: monitoring a downlink scheduling service, and determining, based on specified information corresponding to the downlink scheduling service, whether the downlink scheduling service needs to be received and/or forwarded; and monitoring an uplink service, and determining, based on a predetermined rule, whether the uplink service needs to be sent and/or forwarded, wherein the specified information comprises at least one of a radio network temporary identifier RNTI, a dedicated DCI field indication, and a specific bit combination in downlink control information DCI. - In reference to claim 11 (Examiner note: the following is a contingent limitation that is not required to be performed when the condition precedent (i.e. switching to the second path) is not met. Consequently, the language is not required by the claim. see MPEP § 2111.04, subsection II) 11. The method according to claim 2, wherein in a case of switching to the second path, the method further comprises: receiving second indication information sent by the network side device, wherein the second indication information is used to indicate a receiving manner and/or a sending manner of transmitted data. - In reference to claim 12 (Examiner note: the following is a contingent limitation that is not required to be performed when the condition precedent (i.e. in a case that the first terminal and the second terminal are located in a predetermined group or in a case that the network side device sends a DCI message in a single cell point to multipoint SC-PTM manner) is not met. Consequently, the language is not required by the claim. see MPEP § 2111.04, subsection II) 12. The method according to claim 6, wherein in a case of switching to the second path or the fifth path, the method further comprises: in a case that the first terminal and the second terminal are located in a predetermined group or in a case that the network side device sends a DCI message in a single cell point to multipoint SC-PTM manner, monitoring a DCI message sent by the network side device to the second terminal. - In reference to claim 14 LI et al. teaches a path switching method (Fig. 29, par. 0298-0302), wherein the method is performed by a network side device (e.g. combination of RAN 1 Node 303, AMF1 305, SMF1 307, UPF1 309, PFC/UDM 311, SCS/AS312, Fig. 29 par. 0298-0302) and comprises: configuring and/or activating a target path (e.g. 5GC Path, Fig. 29 par. 0298-0302) in a case that a first condition is met, wherein the first condition comprises any one of the following: a path switching indication is sent to a first terminal, wherein the path switching indication is used to instruct the first terminal to switch between at least two paths; a path switching request (e.g. Switch Request 342; Fig. 29, par. 300) sent by the first terminal (e.g. UE1 302; Fig. 29, par. 300) is received, wherein the path switching request is used to request the network side device to switch the first terminal between the at least two paths (e.g. switching from PC5 path to 5GC Path; Fig. 29, par. 0298-0302); and a signal detection result reported by the first terminal is received, wherein the signal detection result is used to indicate a transmission parameter corresponding to the target path, wherein the target path is one of the at least two paths, and the target path is a path corresponding to the path switching indication, the path switching request, or the signal detection result; wherein the at least two paths comprise at least one of the following: a first path used by the first terminal to transmit data to a second terminal (e.g. PC5 path used by UE 1 301 to transmit data to UE 2; par. 0299 Fig. 29); a second path used by the first terminal to transmit data to the second terminal through the network side device; a third path used by the second terminal to deputize for the first terminal to perform uplink transmission; a fourth path comprising the first path and the second path, wherein in a case that both the first path and the second path are maintained, a connection corresponding to the first path or a connection corresponding to the second path is in a suspend state; an eighth path used by the first terminal to deputize for the second terminal to perform uplink transmission. - In reference to claim 18 (Examiner note: the following is a contingent limitation that is not required to be performed when the condition precedent (i.e. sending a path switching indication to a first terminal) is not met. Consequently, the language is not required by the claim. see MPEP § 2111.04, subsection II) 18. The method according to claim 14, wherein before the sending a path switching indication to a first terminal, the method further comprises: receiving first information, wherein the first information comprises a second condition used to delegate a first uplink channel corresponding to the first terminal to a second terminal, wherein the second condition comprises at least one of the following: a quantity of transmit bits is greater than a first predetermined value; a power headroom report PHR is less than a second predetermined value; information corresponding to a specific bearer is sent; information corresponding to a specific logical channel is sent; and uplink control information UCI is carried. - In reference to claim 19 LI et al. first terminal (e.g. UE 1 301, Fig. 28A-B, par. 0287-0292), comprising a processor (e.g. processor 118, Fig. ZZF par. 0399), a memory (e.g. memory 130/132, Fig. ZZF par. 0399), and a program or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction, when executed by the processor, causes the processor to perform switching between at least two paths (e.g. 5GC path to PC5 path; par. 0287) when a first condition is met, wherein the first condition comprises at least one of the following: a path switching indication (e.g. Switch response 330 received by UE 1; par. 0291) sent by a network side device (e.g. combination RAN Node 303/AMF 305) is received, wherein the path switching indication is used to instruct the first terminal to switch between the at least two paths; a path switching request is sent to the network side device wherein the path switching request is used to request the network side device to switch the first terminal between the at least two paths; a prescribed signal is detected, wherein the prescribed signal is a signal corresponding to a target path, and the target path is one of the at least two paths; a signal detection result corresponding to the prescribed signal is reported; and the signal detection result meets a predefined condition; wherein the at least two paths comprise at least one of the following: a first path used by the first terminal to transmit data to a second terminal (e.g. PC5 path to transmit data from UE 1 to UE 2; par. 0292); a second path used by the first terminal to transmit data to the second terminal through the network side device; a third path used by the second terminal to deputize for the first terminal to perform uplink transmission; a fourth path comprising the first path and the second path, wherein in a case that both the first path and the second path are maintained, a connection corresponding to the first path or a connection corresponding to the second path is in a suspend state; an eighth path used by the first terminal to deputize for the second terminal to perform uplink transmission. 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 (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. 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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 2022/0322202) in view of Liang et al. (US 2015/0289304). - In reference to claim 4 LI et al. teaches a system and method that covers substantially all limitations of the parent claim. Jung et al. teaches a switching process of performing switching between the at least two paths and an information reporting process associated with the switching process. (Fig. 28A-B, par. 0287-0292) LI et al. does not that they are authorized by a user and/or authorized by a network. Liang et al. teaches authorizing by a network. (Fig. 6 par. 0122-0129) It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of LI et al. to include authorizing by a user and/or authorizing by a network as suggested by Liang et al. because it would allow processed to be judged against a network policy before being implemented. Claim(s) 13 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 2022/0322202) in view of Kim et al. (US 2017/0079081). - In reference to claim 13 LI et al. teaches a system and method that covers substantially all limitations of the parent claim LI et al. does not teach sending second information to the network side device, wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal; a network association manner used when the association relationship is implemented between the first terminal and the second terminal; identifier information, wherein the identifier information is an identifier of a network and/or an identifier of a network device corresponding to the network association manner; and a first measurement quantity corresponding to the target path; or, wherein the method further comprises: receiving measurement configuration information sent by the network side device, wherein the measurement configuration comprises network identifier information and/or a second measurement quantity; and reporting a measurement result, wherein the measurement result is obtained through measurement based on the measurement configuration information, and the path switching indication is determined by the network side device based on the measurement result, wherein the reporting a measurement result comprises at least one of the following: reporting the measurement result through UCI on a layer 1; reporting the measurement result through a Medium Access Control control element MAC CE on a layer 2; reporting the measurement result through radio resource control RRC on a layer 3; and reporting the measurement result through a non-access stratum NAS message. Kim et al. further teaches sending second information (e.g. sending information to a network side device comprising ProSe Function Unit and ProSe MGW; par., 0194-0204) to the network side device, wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal (e.g. association relationship between UE#1 and UE#2; par. 0194-0204); a network association manner used when the association relationship is implemented between the first terminal and the second terminal; identifier information, wherein the identifier information is an identifier of a network and/or an identifier of a network device corresponding to the network association manner; and a first measurement quantity corresponding to the target path; or, wherein the method further comprises: receiving measurement configuration information sent by the network side device, wherein the measurement configuration comprises network identifier information and/or a second measurement quantity; and reporting a measurement result, wherein the measurement result is obtained through measurement based on the measurement configuration information, and the path switching indication is determined by the network side device based on the measurement result, wherein the reporting a measurement result comprises at least one of the following: reporting the measurement result through UCI on a layer 1; reporting the measurement result through a Medium Access Control control element MAC CE on a layer 2; reporting the measurement result through radio resource control RRC on a layer 3; and reporting the measurement result through a non-access stratum NAS message. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of LI et al. to include sending second information to the network side device, wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal as suggested by Kim et al. because it would allow the network side device to identify the relation between the first terminal and counterpart second terminal which is performing communications with the first terminal. - In reference to claim 16 LI et al. teaches a system and method that covers substantially all limitations of the parent claim LI et al. does not teach wherein the path switching request comprises at least one of the following: an identifier of a second terminal; an identifier of a target bearer corresponding to the target path; an identifier of a target network corresponding to the target path; a target link on which path switching is initiated; a reason for initiating path switching; a transmission manner of the path switching request; and first indication information used to indicate whether reporting of the path switching request is authorized by the network side device; and/or, wherein the configuring and/or activating a target path comprises at least one of the following: associating the first terminal with a second terminal, and transmitting association information between network nodes corresponding to the first terminal and the second terminal; identifying a target bearer, wherein the target bearer is a bearer corresponding to the target path; and configuring same third information for the associated first terminal and the second terminal, wherein the third information comprises bearer information and/or a radio network temporary identifier RNTI. Kim et al. further teaches a path switching request (e.g. path switching request message; par. 0194) comprises at least one of the following: an identifier of a second terminal (e.g. Identification information of UE#2; par. 0196). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the path switching request message of LI et al. to include an identifier of a second terminal as suggested by Kim et al. because it would allow the network side device to identify the counterpart second terminal which is performing communications with the first terminal. - In reference to claim 17 LI et al. teaches a system and method that covers substantially all limitations of the parent claim. LI et al. does not teach after the configuring and/or activating a target path, the method further comprises: sending second indication information to the first terminal, wherein the second indication information is used to indicate a receiving manner and/or a sending manner of transmitted data to the first terminal; or wherein before the receiving a path switching request or a signal detection result sent by the first terminal, the method further comprises: receiving an identifier of a second terminal and/or an identifier of a target network that are/is sent by the first terminal; or wherein before the sending a path switching indication to a first terminal, the method further comprises: receiving second information sent by the first terminal, wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal; a network association manner used when the association relationship is implemented between the first terminal and the second terminal; identifier information, wherein the identifier information is an identifier of a network and/or an identifier of a network device corresponding to the network association manner; and a first measurement quantity corresponding to the target path. Kim et al. further teaches receiving second information sent by the first terminal (e.g. receiving second information in a path switching request message sent by a UE; par. 0193-0289), wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal (e.g. association relationship between UE#1 and counterpart UE#2; par. 0194-0204); a network association manner used when the association relationship is implemented between the first terminal and the second terminal; identifier information, wherein the identifier information is an identifier of a network and/or an identifier of a network device corresponding to the network association manner; and a first measurement quantity corresponding to the target path. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of LI et al. to include before the sending a path switching indication to a first terminal include first receiving second information sent by the first terminal, wherein the second information comprises at least one of the following: an association relationship between the first terminal and a second terminal as suggested by Kim et al. because it would allow a network side device to be notified of an association relationship between a first terminal and a second terminal to be utilized in network management and coordination of path switching. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over LI et al. (US 2022/0322202) in view of Li et al. (US 2018/0098251). - In reference to claim 20 LI et al. teaches a network side device (e.g. combination of RAN 1 Node 303, AMF1 305, SMF1 307, UPF1 309, PFC/UDM 311, SCS/AS312, Fig. 29 par. 0298-0302), configured to implement of the steps of the path switching method according to claim 14. LI et al. does not teach the network side device comprising a processor, a memory, and a program or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction, when executed by the processor, causes the processor to perform the method. Li et al. teaches a device (e.g. network node 1000; Fig. par. 0125) comprising a processor (e.g. processor 1010; Fig. 9 par. 0125-0126), a memory (e.g. memory 1020; Fig. 9 par. 0125-0126), and a program or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction, when executed by the processor, causes the processor to perform a method. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the network side device of LI et al. to include a processor, a memory, and a program or an instruction that is stored in the memory and that can be run on the processor, wherein the program or the instruction, when executed by the processor, causes the processor to perform the method as suggested Li et al. because it would allow the network side device to store instructions programmed by an operator to cause the processor of the network side device to implement the method for path switching. Response to Arguments Applicant's arguments filed 02/02/2026 have been fully considered but they are not persuasive. On pg. 11-12 to the 35 U.S.C. 112 rejections, the Applicant states “Applicant respectfully disagrees for at least the following reasons. Independent claim 14 and independent claim 1 are counterpart and related independent claims. Since the "first condition" and "second condition" have already been defined in independent claim 1 and its dependent claims, maintaining the wording "third condition" in claim 14 does not render claim 14 unclear. On the contrary, for the claim set as a whole, retaining "third condition" in claim 14 helps to preserve clarity and consistency. The Examiner respectfully disagrees. Independent claim 1 does not provide antecedent basis for independent claim 14 since they are both independent claims. The rejection is maintained. Applicant’s arguments with respect to the 102 and 103 rejections have been considered but are moot in view of the current grounds of rejection. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are: US 2022/0095186 pertains to at a first terminal device may comprise obtaining information about one or more candidate communication technologies for at least one service. The method may further comprise determining availability of the one or more candidate communication technologies of the first terminal device. The method may further comprise selecting at least one communication technology from the one or more candidate communication technologies for communication between the first terminal device and at least one second terminal device based on the availability of the one or more candidate communication technologies. US 12408215 pertains to path switch with service continuity for the UE from the indirect relay link to direct cell link or vice versa. In one novel aspect, the UE is configured with measurement report configuration, which includes triggering event for sending the measurement report. The network sends path switch command to the UE to initiate the path switch based on the measurement report. The UE path switch includes intra-gNB and inter-gNB path switch between the indirect relay link and the direct cellular link. The triggering events are a measurement of the target direct Uu link is an offset better than a measurement of the serving sidelink for a indirect link to direct link switch and a measurement of the PC5 link is better than a predefined threshold for direct link to indirect link switch. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN S ROBERTS whose telephone number is (571)272-3095. The examiner can normally be reached M to F, 9am to 5pm. 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, Faruk Hamza can be reached at (571) 272-7969. 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. BRIAN S. ROBERTS Primary Examiner Art Unit 2466 /BRIAN S ROBERTS/Primary Examiner, Art Unit 2466
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Prosecution Timeline

Jul 21, 2023
Application Filed
Jul 24, 2025
Non-Final Rejection mailed — §102, §103, §112
Oct 24, 2025
Response Filed
Dec 01, 2025
Final Rejection mailed — §102, §103, §112
Feb 02, 2026
Response after Non-Final Action
Mar 02, 2026
Request for Continued Examination
Mar 13, 2026
Response after Non-Final Action
May 08, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12683755
INFORMATION ACQUISITION METHOD
2y 7m to grant Granted Jul 14, 2026
Patent 12684616
TERMINAL AND COMMUNICATION METHOD
2y 4m to grant Granted Jul 14, 2026
Patent 12677180
TECHNOLOGIES FOR IN-DEVICE COEXISTENCE IN NETWORK COMMUNICATION
4y 9m to grant Granted Jul 07, 2026
Patent 12677336
Wireless Communications for Asymmetric Services
2y 11m to grant Granted Jul 07, 2026
Patent 12676690
COMMUNICATION DEVICE AND METHOD THEREIN FOR GENERATING RANDOM ACCESS PREAMBLES
2y 3m to grant Granted Jul 07, 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
85%
Grant Probability
88%
With Interview (+3.2%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 746 resolved cases by this examiner. Grant probability derived from career allowance rate.

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