Prosecution Insights
Last updated: April 19, 2026
Application No. 18/373,344

Apparatus, Method and Computer Program

Final Rejection §102§103
Filed
Sep 27, 2023
Examiner
CHOI, WON JUN
Art Unit
2411
Tech Center
2400 — Computer Networks
Assignee
Nokia Technologies Oy
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
3y 8m
To Grant
80%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
24 granted / 33 resolved
+14.7% vs TC avg
Moderate +7% lift
Without
With
+6.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
43 currently pending
Career history
76
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
54.5%
+14.5% vs TC avg
§102
22.7%
-17.3% vs TC avg
§112
19.1%
-20.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 33 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 . Response to Amendment This communication is considered fully responsive to the amendment filed on 12/17/2025. Claims 1-4, 6-13, and 15 have been amended. Claims 16-21 have been added. Claims 14 was previously canceled. Response to Arguments Applicant’s arguments with respect to claims 1-13 and 15 filed on 12/17/2025 have been considered but are moot because the arguments related solely to newly added limitations addressed in the instant Office Action with previously identified prior art by mapping the relevant teachings for more clarification thereof that read on said added feature are moot. 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, 7, 9-13, 15-17, 19, and 21 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Choi et al. (U.S. Patent Application Publication No. 20220322454, hereinafter “Choi”). Examiner’s note: in what follows, references are drawn to Choi unless otherwise mentioned. With respect to independent claims: Regarding Claim 1, Choi teaches An apparatus (Fig. 7, UE) comprising, at a user equipment: at least one processor (para [0033]: a processor); and at least one memory storing instructions that, when executed with the at least one processor, cause the apparatus to perform (para [0033]: computer readable memory that may direct a computer or other programmable data processing equipment in order to implement a function): receiving, from a network node, configuration parameters defining resources associated with a plurality of signals for transmission of a first message of a random access procedure (para [0080]: The UE may decode the PDCCH and the PDSCH based on system information included in the received MIB and then obtain an SIB. The SIB includes at least one of an uplink cell bandwidth, a random access parameter, a paging parameter, or a parameter related to uplink power control (interpreted as “configuration parameters defining resources associated with a plurality of signals for transmission of a first message of a random access procedure”)); obtaining signal measurements for the plurality of signals (para [0104]: Specifically, the UE may know a location of the SSB actually transmitted by the base station based on received SIB information (interpreted as “configuration parameters defining resources associated with a plurality of signals”), thereby measuring the SS-RSRP of each SSB based on a plurality of SSBs (interpreted as “obtaining signal measurements for the plurality of signals”).)(Fig. 10 and para {0128}: Referring to FIG. 10, the UE may know a location of the SSB actually transmitted by the base station based on received SIB information, thereby measuring SS-RSRP of each SSB based on a plurality of SSBs (step 1001).); determining a first number of transmissions of the first message associated with a first signal from the plurality of signals based on the obtained signal measurements (para [0181]: In the fourth embodiment, a method of repeatedly transmitting random access preambles corresponding to a plurality of SSBs is described. Specifically, in order for the UE to repeatedly transmit random access preambles corresponding to a plurality of SSBs, the base station may first configure one set or more than one set including at least one SSB of SSBs actually transmitted.) (para [0183]: A plurality of SSBs constituting the set specified above may be configured, for example, as follows. SS-RSRP of SSBs may be configured with SSBs exceeding a threshold based on one RSRP threshold. (This may be the same as one threshold configured for configuring an initial CE level in the first embodiment or may be one threshold when there are a plurality of thresholds.) The plurality of SSBs may be configured with the n number of SSBs having highest SS-RSRP. (interpreted as “based on the obtained signal measurements”)…) (para [0188]: In this ease, assuming that the base station transmits 4 SSBs (in this case, NSSB is 4) (the 4SSBs are interpreted as “the plurality of signals”), transmission resource locations of the random access preamble corresponding to each SSB may be sequentially configured (1605) in order of, for example, frequency resources and time resources. Such a configuration is the same as an example of FIG. 14. In this case, the UE may perform repeated transmission of the random access preamble in continuous resources corresponding to a plurality of SSBs. For example, when the number Nrep PRACH of repeated transmissions is configured to 4 (this is the sum of 2 repetition numbers for an SSB 1 (interpreted as “a first number of transmissions of the first message associated with a first signal”, the SSB1 is interpreted as “first signal”, and the 2 repetition numbers is interpreted as “a first number of transmission …”.) and 2 repetition numbers for an SSB 3 (interpreted as “a second number of transmissions of the first message associated with a second signal”, the SSB3 is interpreted as “second signal”, and the 2 repetition numbers for an SSB 3 is interpreted as “a second number of transmission …”.)) and a period Nstart PRACH is configured to 4, if the terminal selects a set including SSB indices 1 and 3 and the number NSSB set(l) of SSBs included in the set is 2, an initial occasion that may repeatedly transmit the corresponding preambles may be calculated as nstart=9, 25, 41, . . . based on Equation 4. When the UE starts repeated preamble transmission at nstart=9, the UE may repeatedly transmit (1606) preambles corresponding to SSB indexes 1 and 3 at PRACH occasion indexes 9, 11, 13, and 15. Similarly, when the UE starts repeated preamble transmission at a PRACH occasion index 25, the UE may repeatedly transmit preambles corresponding to SSB indexes 1 and 3 at PRACH occasion indexes 25, 27, 29, and 31 (1607).); determining a second number of transmissions of the first message associated with a second signal from the plurality of signals based on the obtained signal measurements (para [0183]: A plurality of SSBs constituting the set specified above may be configured, for example, as follows. SS-RSRP of SSBs may be configured with SSBs exceeding a threshold based on one RSRP threshold (interpreted as “based on the obtained signal measurements”)…) (para [0188]: In this ease, assuming that the base station transmits 4 SSBs (in this case, NSSB is 4) (the 4SSBs are interpreted as “the plurality of signals”), transmission resource locations of the random access preamble corresponding to each SSB may be sequentially configured (1605) in order of, for example, frequency resources and time resources. Such a configuration is the same as an example of FIG. 14. In this case, the UE may perform repeated transmission of the random access preamble in continuous resources corresponding to a plurality of SSBs. For example, when the number Nrep PRACH of repeated transmissions is configured to 4 (this is the sum of 2 repetition numbers for an SSB 1 and 2 repetition numbers for an SSB 3 (interpreted as “a second number of transmissions of the first message associated with a second signal”, the SSB3 is interpreted as “second signal”, and the 2 repetition numbers for an SSB 3 is interpreted as “a second number of transmission…”)) …); choosing one or more resources associated with one of the first signal or the second signal for transmission of the first message, based at least on the determined first number of transmissions of the first message, the determined second number of transmissions of the first message, and the obtained signal measurements (para [0188]: When the UE starts repeated preamble transmission at nstart=9, the UE may repeatedly transmit (1606) preambles corresponding to SSB indexes 1 and 3 at PRACH occasion indexes 9, 11, 13, and 15. Similarly, when the UE starts repeated preamble transmission at a PRACH occasion index 25, the UE may repeatedly transmit preambles corresponding to SSB indexes 1 and 3 at PRACH occasion indexes 25, 27, 29, and 31 (1607).) (interpreted as “choosing one or more resources (‘indexes 9,11,13, and 15’) associated with one of the first signal (‘SSB1’) or the second signal (‘SSB3’) for transmission of the first message, based at least on the determined first number (‘2 repetition numbers’) of transmissions of the first message, the determined second number (‘2 repetition numbers’) of transmissions of the first message, and the obtained signal measurements (‘SS-RSRP of SSBs may be configured with SSBs exceeding a threshold based on one RSRP threshold’, see para [0182]).); and performing transmission of the first message of the random access procedure on at least part of the one or more chosen resources (para [0188]: When the UE starts repeated preamble transmission at nstart=9 (interpreted as “performing transmission of the first message…”), the UE may repeatedly transmit (1606) preambles corresponding to SSB indexes 1 and 3 at PRACH occasion indexes 9, 11, 13, and 15. Similarly, when the UE starts repeated preamble transmission at a PRACH occasion index 25, the UE may repeatedly transmit preambles corresponding to SSB indexes 1 and 3 at PRACH occasion indexes 25, 27, 29, and 31 (1607).). Regarding claim 13, it is a method claim corresponding to the apparatus claim 1, and is therefore rejected for the similar reasons set forth in the rejection of claim 1. Regarding claim 15, it is a non-transitory computer readable medium claim corresponding to the apparatus claim 13, except limitations “non-transitory computer readable medium” (para [0033]: computer readable memory that may direct a computer or other programmable data processing equipment in order to implement a function)), and is therefore rejected for the similar reasons set forth in the rejection of claim 1. With respect to dependent claims: Regarding Claim 2, Choi teaches An apparatus according to claim 1, wherein the instructions, when executed with the at least one processor, cause the apparatus to perform determining estimated repetition gains from the first number of transmissions and the second number of transmissions of the first message, wherein the estimated repetition gains are determined for the first signal and for the second signal (para [0105]: When the UE fails to transmit a preamble in a resource corresponds to one selected SSB (interpreted as “first signal”), in order to obtain a gain through divers (diversity gain), the UE may select another SSB (interpreted as “second signal”) having a different beam and resource. Accordingly, the fast that the number of SSBs exceeding one threshold in which the UE may select is several means that the UE may obtain a diversity gain by changing the SSB at the corresponding CE level.) (para [0107]: UE may determine an initial CE level through a ratio of the number of SSBs actually transmitted rather than the absolute number of SSBs. The fact that the number of SSBs exceeding one threshold that the terminal may select is several means that a diversity gain may be obtained by changing the SSB in the corresponding CE level (interpreted as “determining estimated repetition gains from the first number of transmissions and the second number of transmissions of the first message, wherein the estimated repetition gains are determined for the first signal and for the second signal”). Additionally, in a repeated random access preamble transmission method corresponds to a plurality of SSBs proposed in a fourth embodiment, because the number of SSBs may be related to the number of repetitions, a ratio of SSBs whose SS-RSRP value exceeds one threshold may be an important reference for selecting the CE level.). Regarding Claim 3, Choi teaches An apparatus according to claim 2, wherein the instructions, when executed with the at least one processor, cause the apparatus to perform determining the estimated repetition gains based on channel conditions of the first signal and the second signal (Fig. 10 and para [0128]: If there is one or more SS-RSRP exceeding the threshold (interpreted as “channel conditions of the respective signal”), the UE may compare the selected SS-RSRP with several thresholds … to determine the CE level (step 1004).) (para [0130]: the UE may efficiently determine the initial CE level through an accurate reference (interpreted as “determining the estimated repetition gains”, see para [0092] of Choi). In this case, the following method may be considered as a method of determining a CE lever (read as “CE level”) comparing a plurality of SS-RSRP measured by the UE in step 1004 (interpreted as “based on channel conditions of the first signal and the second signal”) of the above-described method of FIG. 10 with several thresholds.) (para [0092]: In this case, as the CE level increases, by increasing the number of preamble repetitions, coverage for random access success may be increased.). Regarding Claim 5, Choi teaches An apparatus according to claim 2, wherein the instructions, when executed with the at least one processor, cause the apparatus to perform determining power values for the first signal and the second signal from the obtained signal measurements of the first signal and the second signal. (para [0130]: The UE may compare a minimum value among the selected SS-RSRP values with a plurality of thresholds to determine an initial CE level. By determining the initial CE level through the smallest value among the selected SS-RSRP, when the UE transmits or repeatedly transmits the preamble corresponding to one SSB (interpreted as “first signal”), but fails random access, even if the UE changes the SSB, which is a basis of preamble transmission to another SSB (interpreted as “the second signal”) among the selected SSBs (i.e., even if a beam used for preamble transmission is changed), the preamble may be transmitted in a CE level satisfying the reference for stable preamble transmission.)(para [0083]: If the terminal does not receive the RAR, which is scheduling information on a message 3 from the base station for a predetermined time in second step 702, the first step 701 is performed again. When the first step is performed again, the UE increases transmission power of the random access preamble by a predetermined step and transmits the random access preamble (this is referred to as power ramping), thereby increasing a random access preamble reception probability of the base station.) Regarding Claim 7, Choi teaches An apparatus according to claim 1, wherein the first signal is associated with a first beam of the user equipment and the second signal is associated with one of the first beam or a second beam of the user equipment (para [0130]: The UE may compare a minimum value among the selected SS-RSRP values with a plurality of thresholds to determine an initial CE level. By determining the initial CE level through the smallest value among the selected SS-RSRP, when the UE transmits or repeatedly transmits the preamble corresponding to one SSB (interpreted as “the first signal (one SSB) is associated with a first beam (the preamble) of the user equipment”), but fails random access, even if the UE changes the SSB, which is a basis of preamble transmission to another SSB (interpreted as “the second signal (another SSB) is associated with … a second beam (the repeated preamble transmission) of the user equipment”) among the selected SSBs (i.e., even if a beam used for preamble transmission is changed), the preamble may be transmitted in a CE level satisfying the reference for stable preamble transmission.). Regarding Claim 9, Choi teaches An apparatus according to claim 1, wherein the signal comprises synchronization signal or a reference signal received power (para [0104]: Specifically, the UE may know a location of the SSB actually transmitted by the base station based on received SIB information, thereby measuring the SS-RSRP of each SSB based on a plurality of SSBs.). Regarding Claim 10, Choi teaches An apparatus according to claim 1, wherein the plurality of signals are from a same or different cells (para [0006]: a base station in a wireless communication system (interpreted as “a same or different cells”) includes transmitting a plurality of synchronization signal blocks (SSBs)) Regarding Claim 11, Choi teaches An apparatus according to claim 1, wherein the plurality of signals comprise either synchronisation signal blocks or channel state information reference signals (para [0104]: Specifically, the UE may know a location of the SSB actually transmitted by the base station based on received SIB information, thereby measuring the SS-RSRP of each SSB based on a plurality of SSBs.). Regarding Claim 12, Choi teaches An apparatus according to claim 1, wherein the instructions, when executed with the at least one processor, cause the apparatus to perform receiving further configuration parameters defining a mapping between the first number of transmissions, and the second number of transmissions, of the first message of the random access procedure on the resources associated with the plurality of signals, and the signal measurements of the plurality of signals (para [0120]: the UE may know a location of the SSB actually transmitted by the base station based on received SIB information, thereby measuring each SS-RSRP based on a plurality of SSBs (step 901). After the measurement, the UE may determine a CE level based on the n number of largest SS-RSRP among the measured SS-RSRP (step 902). Here, n may be a preconfigured value or a value configured through the SIB (n may be explicitly indicated through the SIB (interpreted as “further configuration parameters defining a mapping between the first number of transmissions, and the second number of transmissions, of the first message of the random access procedure on the resources associated with the plurality of signals, and the signal measurements of the plurality of signals”), or may be related to the number of related repeated transmissions or the number of SSBs actually transmitted for repeated transmission (see the fourth embodiment) of a preamble corresponding to a plurality of SSBs that may be indicated through the SIB); and determining the first number of transmissions, and the second number of transmissions, of the first message associated with, respectively, the first signal and the second signal based on the mapping (para [0120]: the UE may determine a CE level based on the n number of largest SS-RSRP among the measured SS-RSRP (step 902). Here, n may be a preconfigured value or a value configured through the SIB (n may be explicitly indicated through the SIB, or may be related to the number of related repeated transmissions or the number of SSBs actually transmitted for repeated transmission (see the fourth embodiment) of a preamble corresponding to a plurality of SSBs that may be indicated through the SIB).)(para [0187]: FIG. 16 is a diagram illustrating an example of a method of calculating a repeatable transmission start location of a random access preamble corresponding to a plurality of SSBs. FIG. 16 illustrates an example of a transmission resource location of a random access preamble corresponding to each SSB. When an SCS of the 5G mobile communication system is 30 kHz and the PRACH configuration index of Table 3 is configured to 104, a transmission resource of the preamble exists in all frames 1601, and in subframes 1602 having indexes of 1, 4, and 7 in each frame, there is a transmission resource of the preamble. Each subframe is configured with two slots, and there are total six PRACH occasions in each slot 1603. Each PRACH occasion 1604 is configured with two symbols.) (para [0188]: In this ease, assuming that the base station transmits 4 SSBs (in this case, NSSB is 4), transmission resource locations of the random access preamble corresponding to each SSB may be sequentially configured (1605) in order of, for example, frequency resources and time resources. … For example, when the number Nrep PRACH of repeated transmissions is configured to 4 (this is the sum of 2 repetition numbers for an SSB 1 and 2 repetition numbers for an SSB 3) and a period Nstart PRACH is configured to 4, if the terminal selects a set including SSB indices 1 and 3 and the number NSSB set(l) of SSBs included in the set is 2, an initial occasion that may repeatedly transmit the corresponding preambles may be calculated as nstart=9, 25, 41, . . . based on Equation 4. (interpreted as “determining the first number of transmissions, and the second number of transmissions, of the first message associated with, respectively, the first signal and the second signal based on the mapping”)). Regarding Claim 16, Claim 16, has similar limitation as of Claim(s) 2, therefore it is rejected under the same reasons as Claim(s) 2. Regarding Claim 17, Claim 17, has similar limitation as of Claim(s) 3, therefore it is rejected under the same reasons as Claim(s) 3. Regarding Claim 19, Claim 19, has similar limitation as of Claim(s) 5, therefore it is rejected under the same reasons as Claim(s) 5. Regarding Claim 21, Claim 21, has similar limitation as of Claim(s) 7, therefore it is rejected under the same reasons as Claim(s) 7. 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) 4 and 18 rejected under 35 U.S.C. 103(a) as being unpatentable over Choi in view of Prasad et al (U.S. Patent Application Publication No. 20190174337, hereinafter “Prasad”). Regarding claim(s) 4, Choi teaches An apparatus according to claim 3, Choi fails to teach wherein the channel conditions include a channel quality metric based on strength of a line of sight component. It is noted that while disclosing the determination of a CE level based on the channel conditions (measured RSRP of SSBs, see Fig. 10 and para [0128]), Choi does not specifically teach about the channel conditions include a channel quality metric based on strength of line of sight component. It, however, had been known in the art before the effective date of the instant application as shown by Prasad. In analogous art, Prasad teaches the channel conditions include a channel quality metric based on strength of a line of sight component (para [0138] of Prasad: In accordance with an example embodiment of the invention, the example map 400 shown in the figure, is generated based on Beam ID and UE 100 signal strength measurements expressed as Reference Signal Received Power (RSRP). Here the 5G-RAP 110 configures the UE 100 to measure “m” direct beams 1 (interpreted as “a line of sight component”, see para [0111] of Prasad) and “k” reflected beams 2 and constructs the map 400 for an optimized number of locations “n”.)(para [0111] of Prasad: Primary or direct path beams 1 may be combinations of beams propagated along a direct line-of-sight (LOS) path and beams propagated along a direction slightly off the line-of-sight.). Therefore, it would have been obvious to one of ordinary skill in the art at the time of instant application to modify Choi's method by using the features of Prasad in order to have measured the channel condition of direct beam (line of sight path) by using strength measurements expressed as Reference Signal Received Power (RSRP). Regarding Claim 18, Claim 18, has similar limitation as of Claim(s) 4, therefore it is rejected under the same reasons as Claim(s) 4. Allowable Subject Matter Claim(s) 6, 8, and 20 objected to as being dependent upon a rejected base claim, but be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The claims contain the following underlined features which, when combined with other features of the claim, prior art of record failed to anticipate or render obvious before the effective filing date of the instant application was filed: Regarding claims 6 and 20, “comparing a sum of the determined power values and the estimated repetitions gains for the first signal and the second signal, and choosing a signal, of the first signal and the second signal, with a largest sum”; Regarding claim 8, “determining an estimated degradation of decoding performance for a downlink channel when received with a beam associated with a signal having a lower determined power value; and determining one of the first signal or the second signal based on the estimated degradation.” 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 WON JUN CHOI whose telephone number is (703)756-1695. The examiner can normally be reached MON-FRI 08:00 - 17:00. 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 W Ferris can be reached at 571-272-3123. 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. /WON JUN CHOI/Examiner, Art Unit 2411 /DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
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Prosecution Timeline

Sep 27, 2023
Application Filed
Oct 10, 2025
Non-Final Rejection — §102, §103
Dec 17, 2025
Response Filed
Mar 05, 2026
Final Rejection — §102, §103 (current)

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Expected OA Rounds
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3y 8m
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