Prosecution Insights
Last updated: July 17, 2026
Application No. 18/406,865

COMMUNICATION APPARATUS, BASE STATION, AND COMMUNICATION METHOD

Final Rejection §103§112
Filed
Jan 08, 2024
Priority
Jul 09, 2021 — JP 2021-114621 +2 more
Examiner
LAFONTANT, GARY
Art Unit
2646
Tech Center
2600 — Communications
Assignee
Toyota Motor Corporation
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
340 granted / 465 resolved
+11.1% vs TC avg
Minimal +1% lift
Without
With
+1.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
27 currently pending
Career history
495
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
75.2%
+35.2% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 465 resolved cases

Office Action

§103 §112
CTFR 18/406,865 CTFR 90787 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. The amendment filed on 04/06/2026 has been acknowledged. Amendment Summary Claims 1-15 are amended. Response to Arguments/Amendment Applicant has amended the independent claims and associated dependent claims. The following OA examination reflect the new amended claims submitted herein. The arguments regarding previous claim submittal are moot since the amended claim has modified the scope of the previous claim. The amended claims are examined below. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b ): 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. Claim 3, 8, 13, and Claim 4, 9, 14 are rejected under 35 U.S.C. 112(b), 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. Claim 3 recites the following limitations : the receiver is configured to receive, from the base station, the RRC message including third information for configuring the communication apparatus to transmit the information indicating that the communication apparatus is in the state, and the transmitter is configured to transmit based on the third information , to the base station, the UEassistanceinformation message , in a case where the communication apparatus did not transmit the UEassistanceinformation message to the base station. (The two above statements are not clearly stated. I am not sure what condition that these if statement want to impose as they look contradictory to their parent limitations. Applicant is advised to rewrite the above statement for conveying clear conditional statement) (Claim 8 and 1 3 comprises similar features and is subjected to the same rejection) Claim 4, 9, 14 is dependent on Claim 3, 8, 13 and are subjected to the same rejection . Claim Rejections - 35 USC § 103 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. 07-21-aia AIA Claim (s) 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over (Chen (US 2020/0169905 A1) Regarding Claims 1, 6, 11 Chen discloses a communication apparatus (Fig.(6,7);Terminal) comprising: a receiver (Fig.7(71)) configured to receive, from a base station (Fig.8(80)), a radio configuration message (See [0003]; [0026]; [0077]; base station configured terminal for measurement and results reporting) including first information indicating a value used to determine whether or not a stationarity criterion is fulfilled (See [0031]; [0050]; [0052]; UE used a threshold value and timing interval to determine the moving state of a terminal)) and second information indicating a value of a timer value (See [0053-0054]; a timer to prohibit measurement for certain time and timer to allowed measurement at other time); a controller (Fig.7(75)) configured to determine whether or not the stationarity criterion is fulfilled (See (See [0031]; [0050]; [0052]; UE used a threshold value and timing interval to determine the moving state of a terminal)) ) based on the value indicated by the first information (See [0031]; [0050]; [0052]; UE used a threshold value and timing interval to determine the different moving state of a terminal)) ; and a transmitter (Fig.7(71)) configured to transmit, to the base station (Fig.8(80)) , a UEassistanceinformation message (See [0028-0029]; [0035-0036]; UE send its type and current moving state to a base station) including information indicating that the communication apparatus is in a state (See [0031]; [0051]; UE report , stationary, low moving state and high moving state of the UE) where the communication apparatus performs relaxed measurement (See [0036-0037]; [0053-0055]; at low moving state, a configuration of triggering the measurement reporting differs from that for a terminal in a high-speed moving state may be used to avoid frequent measurement and reporting performed by this type of terminal, and to save power consumption of the terminal or perform measurement restricted by a timer), in a case where the stationarity criterion is fulfilled (See [0030-0031]; [0053-0055]; the moving state of the UE translate into different measurement event) ; and Wherein the a controller (Fig.7(75)) configured to start a timer set to the timer value indicated by second information (See [0053-0055]; UE perform measurement according to scheduling timer and moving state) in a case where the UEassistanceinformation is transmitted (See [0031]; [0051]; moving state sent to base station). But Chen fails to explicitly about a radio resource control (RRC) configuration message However Chen “Background” recitation teaches about a base station transmitting a RRC configuration message to an UE equipment (See [0003]; a base station transmits information of a measurement configuration to a User Equipment (UE) via a Radio Resource Control (RRC) signaling). Chen could have used the background information to configure the UE with RRC message including value of prohibit timer and stationarity criterion. Therefore it would have been obvious to one of ordinary skill to combine above features including Chen and Chen background recitation as to obtain an efficient cellular telecommunication system. Regarding Claim 2, 7, 12 Chen teaches all the features with respect to Claim 1, 6, 11 and Chen further teaches wherein the transmitter is configured to transmit, to the base station, the UEassistanceinformation message (See [0028-0029]; [0035-0036]; UE send its type and current state of channel to base station) including information indicating that the communication apparatus is not in a state where the communication apparatus performs relaxed measurement (See [0028-0031]; when the UE is in high moving state, UE needs to perform measurement at higher rate and never at low rate) in a case where the stationarity criterion is not fulfilled (See [0030-0031]; [0050-0051]; the UE sends state information to the base station at every state according to base station configuration and may not be stationary) . Regarding Claims 3, 8, 13 Note: (Even though claims 3, 8 and 13 are rejected under 112 th (b), the claim will be examined as per examiner own interpretation) Chen teaches all the features with respect to Claim 1, 6, 11 and Chen further teaches wherein the receiver is configured to receive, from the base station, the RRC message (See [0003]; UE received RRC message configuration) including third information ( See [0030-0031]; [0051-0052]; the UE can receive information to enable or disable measurements report) for configuring the communication apparatus to transmit the information indicating that the communication apparatus is in the state (See [0050-0051]; UE is configured to report preset measurements according to moving state of the UE) , and the transmitter is configured to transmit, based on the third information , to the base station, the UEassistanceinformation message (See [0028-0031]; [0051-0052]; UE send its type and current state of channel to base station) , in a case where the communication apparatus did not transmit the UEassistanceinformation (See [0051-0052]; [0068]; if the current state information of the terminal does not satisfy the preset measurement reporting event, terminating the flow). Regarding Claims 4, 9, 14 (Even though claim 4, 9, 14 are rejected under 112 th (b), the claim will be examined as per examiner own interpretation) Chen teaches all the features with respect to Claim 3, 8, 13 and Chen further teaches wherein the controller is configured to stop the timer set to the timer value in a case (See [0053-0056]; allowing the terminal to perform the measurement relate to current state of UE during a timing duration) the third information is released (See [0068]; when the current state information of the terminal does not satisfy the preset measurement reporting event, terminating the flow.) Regarding Claim 5, 10, 15 Chen teaches all the features with respect to Claim 1, 6, 11 and Chen further teaches wherein: the transmitter is configured to transmit, to the base station, UEAssistancelnformation message (See [0053-0055]; UE perform measurement according to timer scheduling and moving state information) in a case where the UEAssistancelnformation message last transmitted to the base station (See [0030-0031]; UE sends measurements according to moving state information to the Base station) includes information indicating that the communication apparatus is not in a state where the communication apparatus performs relaxed measurement (See [0030-0031]; The UE is in a high speed state). Conclusion 07-40 AIA 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 GARY LAFONTANT whose telephone number is (571)272-3037. The examiner can normally be reached 10:00AM -6:00PM. 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, Jeanette Parker can be reached at 571-2703647. 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. /GARY LAFONTANT/Primary Examiner, Art Unit 2646 Application/Control Number: 18/406,865 Page 2 Art Unit: 2646 Application/Control Number: 18/406,865 Page 3 Art Unit: 2646 Application/Control Number: 18/406,865 Page 4 Art Unit: 2646 Application/Control Number: 18/406,865 Page 5 Art Unit: 2646 Application/Control Number: 18/406,865 Page 6 Art Unit: 2646 Application/Control Number: 18/406,865 Page 7 Art Unit: 2646 Application/Control Number: 18/406,865 Page 8 Art Unit: 2646
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Prosecution Timeline

Jan 08, 2024
Application Filed
Jan 05, 2026
Non-Final Rejection mailed — §103, §112
Apr 06, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §103, §112 (current)

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

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
74%
With Interview (+1.0%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 465 resolved cases by this examiner. Grant probability derived from career allowance rate.

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