Prosecution Insights
Last updated: October 02, 2026
Application No. 18/416,711

COMMUNICATION METHOD

Final Rejection §102§103
Filed
Jan 18, 2024
Priority
Jul 19, 2021 — JP 2021-119144 +1 more
Examiner
RANDHAWA, MANDISH K
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Kyocera Corporation
OA Round
2 (Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
10m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
366 granted / 561 resolved
+7.2% vs TC avg
Strong +27% interview lift
Without
With
+27.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
33 currently pending
Career history
605
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
62.1%
+22.1% vs TC avg
§102
18.1%
-21.9% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 561 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. 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 2. 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. 3. 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)(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. 4. Claims 1, 2 and 7-9 are rejected under 35 U.S.C. 102(a)(1)) as being anticipated by Lee et al. (US 2017/0054568 A1, hereinafter “Lee”). Regarding claims 1 and 7, Lee teaches a communication method used in a mobile communication system supporting a multicast broadcast service (MBS), the communication method comprising the steps of: communicating, by a user equipment configured to perform carrier aggregation (CA) with a primary cell in the CA (¶ [0083], ¶ [0085], Step 1: The UE establishes a RRC connection on a PCell with the eNB. UE's receiver bandwidth only covers the frequency of the PCell. ¶ [0086] Step 2: The UE transmits its UE capability to the network. The UE capability may include whether or not the UE supports MBMS reception on SCell without/with glitch and MBMS reception on non-serving SCell with/without glitch. ¶ [0087], ¶ [0062]); transmitting, by the user equipment, MBS Interest Indication to a network node via the primary cell, the MBS Interest Indication indicating an MBS service that the user equipment is interested to receive (¶ [0062], ¶ [0083], ¶ [0086], ¶ [0087], Step 3: The UE transmits the MBMSInterestIndication message indicating a MBMS frequency to the eNB); activating, by the network node, a secondary cell in the CA using the MBS Interest Indication (¶ [0090], the eNB transmits an activation/deactivation MAC CE indicating activation of the SCell to the UE. ¶ [0091] Step 7: The UE activates the SCell on the MBMS frequency, and reconfigure receiver bandwidth (i.e. re-tune RF receiver) to cover both the frequency of the PCell and the frequency of the SCell. ¶ [0065]); and upon activating the secondary cell, performing, by the user equipment, MBS reception from the secondary cell in the CA (¶ [0092] Step 8: While the SCell on the MBMS frequency is activated, the UE receives a RRC message on MCCH, a MSI CE, or a MBMS service on MTCH from the activated SCell). Regarding claim 8, Lee teaches a network node configured to support multicast broadcast service (MBS), comprising: a transceiver configured to communicate with a user equipment that performs carrier aggregation (CA) (¶ [0083], ¶ [0085], Step 1: The UE establishes a RRC connection on a PCell with the eNB. UE's receiver bandwidth only covers the frequency of the PCell. ¶ [0086] Step 2: The UE transmits its UE capability to the network. The UE capability may include whether or not the UE supports MBMS reception on SCell without/with glitch and MBMS reception on non-serving SCell with/without glitch. ¶ [0087], ¶ [0062]); and a controller, wherein the transceiver is configured to receive MBS Interest Indication from the user equipment via a primary cell, the MBS Interest Indication indicating an MBS service that the user equipment is interested to receive (¶ [0062], ¶ [0083], ¶ [0086], ¶ [0087], Step 3: The UE transmits the MBMSInterestIndication message indicating a MBMS frequency to the eNB), and the controller is configured to activate a secondary cell in the CA using the MBS Interest Indication, and upon activating the secondary cell, perform MBS transmission to the user equipment via the secondary cell in the CA (¶ [0090], the eNB transmits an activation/deactivation MAC CE indicating activation of the SCell to the UE. ¶ [0091] Step 7: The UE activates the SCell on the MBMS frequency, and reconfigure receiver bandwidth (i.e. re-tune RF receiver) to cover both the frequency of the PCell and the frequency of the SCell. ¶ [0092] Step 8: While the SCell on the MBMS frequency is activated, the UE receives a RRC message on MCCH, a MSI CE, or a MBMS service on MTCH from the activated SCell. ¶ [0065]). Regarding claim 9, Lee teaches a mobile communication system which supports a multicast broadcast service (MBS) and includes a user equipment and a network node, wherein the user equipment is configured to perform carrier aggregation (CA) (¶ [0083], ¶ [0085], Step 1: The UE establishes a RRC connection on a PCell with the eNB. UE's receiver bandwidth only covers the frequency of the PCell. ¶ [0086] Step 2: The UE transmits its UE capability to the network. The UE capability may include whether or not the UE supports MBMS reception on SCell without/with glitch and MBMS reception on non-serving SCell with/without glitch. ¶ [0087], ¶ [0062]), the user equipment is configured to transmit MBS Interest Indication to the network node via a primary cell, the MBS Interest Indication indicating an MBS service that the user equipment is interested to receive (¶ [0062], ¶ [0083], ¶ [0086], ¶ [0087], Step 3: The UE transmits the MBMSInterestIndication message indicating a MBMS frequency to the eNB), the network node is configured to activate a secondary cell in the CA using the MBS Interest Indication received from the user equipment (¶ [0090], the eNB transmits an activation/deactivation MAC CE indicating activation of the SCell to the UE. ¶ [0091] Step 7: The UE activates the SCell on the MBMS frequency, and reconfigure receiver bandwidth (i.e. re-tune RF receiver) to cover both the frequency of the PCell and the frequency of the SCell), and the user equipment is configured to, upon the secondary cell being activated, perform MBS reception from the secondary cell in the CA (¶ [0092] Step 8: While the SCell on the MBMS frequency is activated, the UE receives a RRC message on MCCH, a MSI CE, or a MBMS service on MTCH from the activated SCell. ¶ [0065]). Regarding claim 2, Lee teaches the communication method according to claim 1, further comprising receiving or transmitting, by the user equipment, MBS-related information regarding the MBS reception from the secondary cell, from or to the primary cell (¶ [0083], ¶ [0086] Step 2: The UE transmits its UE capability to the network. The UE capability may include whether or not the UE supports MBMS reception on SCell without/with glitch and MBMS reception on non-serving SCell with/without glitch. ¶ [0087], Step 3: The UE transmits the MBMSInterestIndication message indicating a MBMS frequency to the eNB. ¶ [0090], ¶ [0062], The UE indicates its MBMS interest at RRC connection establishment and whenever the set of frequencies on which the UE is interested in receiving MBMS services has changed compared with the last indication sent to the network (e.g. due to a change of user interest or of service availability). The UE may only indicate its interest when the PCell provides SystemInformationBlockType15 and after having acquired SystemInformationBlockType15 of the current PCell. ¶ [0063]). 5. Claims 1, 2 and 7-9 are rejected under 35 U.S.C. 102(a)(1)) as being anticipated by Xu et al. (US 2015/0103724 A1, hereinafter “Xu”). Regarding claims 1 and 7, Xu teaches a communication method used in a mobile communication system supporting a multicast broadcast service (MBS), the communication method comprising the steps of: communicating, by a user equipment configured to perform carrier aggregation (CA) with a primary cell in the CA (figs. 2, 3, 8, 10-12, ¶ [0065], ¶ [0068], in order to improve the receiving accuracy, the activation process or switching process may be determined according to a CA capability of the UE and whether to support receiving the MBMS service on an SCell. ¶ [0070], ¶ [0118], ¶ [0119], ¶ [0136], ¶ [0146], ¶ [0147]); transmitting, by the user equipment, MBS Interest Indication to a network node via the primary cell, the MBS Interest Indication indicating an MBS service that the user equipment is interested to receive (figs. 2, 3, 8, ¶ [0077], The UE transmits information about the MBMS service that is of interest to the UE to a network side, ¶ [0104], ¶ [0107]); activating, by the network node, a secondary cell in the CA using the MBS Interest Indication (fig. 8, ¶ [0114], Whether the UE supports receiving the MBMS service on the SCell is judged. ¶ [0116], The network side activates the frequency of the MBMS service that is of interest to the UE as the frequency of the SCell. ¶ [0117], ¶ [0140]); and upon activating the secondary cell, performing, by the user equipment, MBS reception from the secondary cell in the CA (S808 of fig. 8). Regarding claim 8, Xu teaches a network node configured to support multicast broadcast service (MBS), comprising: a transceiver configured to communicate with a user equipment that performs carrier aggregation (CA) (figs. 2, 3, 8, 10-12, ¶ [0065], ¶ [0068], in order to improve the receiving accuracy, the activation process or switching process may be determined according to a CA capability of the UE and whether to support receiving the MBMS service on an SCell. ¶ [0070], ¶ [0118], ¶ [0119], ¶ [0136], ¶ [0146], ¶ [0147]); and a controller, wherein the transceiver is configured to receive MBS Interest Indication from the user equipment via a primary cell, the MBS Interest Indication indicating an MBS service that the user equipment is interested to receive (figs. 2, 3, 8, ¶ [0077], The UE transmits information about the MBMS service that is of interest to the UE to a network side, ¶ [0104], ¶ [0107]), and the controller is configured to activate a secondary cell in the CA using the MBS Interest Indication, and upon activating the secondary cell (fig. 8, ¶ [0114], Whether the UE supports receiving the MBMS service on the SCell is judged. ¶ [0116], The network side activates the frequency of the MBMS service that is of interest to the UE as the frequency of the SCell. ¶ [0117], ¶ [0140]), perform MBS transmission to the user equipment via the secondary cell in the CA (S808 of fig. 8). Regarding claim 9, Xu teaches a mobile communication system which supports a multicast broadcast service (MBS) and includes a user equipment and a network node, wherein the user equipment is configured to perform carrier aggregation (CA) (figs. 2, 3, 8, 10-12, ¶ [0065], ¶ [0068], in order to improve the receiving accuracy, the activation process or switching process may be determined according to a CA capability of the UE and whether to support receiving the MBMS service on an SCell. ¶ [0070], ¶ [0118], ¶ [0119], ¶ [0136], ¶ [0146], ¶ [0147]); the user equipment is configured to transmit MBS Interest Indication to the network node via a primary cell, the MBS Interest Indication indicating an MBS service that the user equipment is interested to receive (¶ [0062], ¶ [0083], ¶ [0086], ¶ [0087], Step 3: The UE transmits the MBMSInterestIndication message indicating a MBMS frequency to the eNB), the network node is configured to activate a secondary cell in the CA using the MBS Interest Indication received from the user equipment (fig. 8, ¶ [0114], Whether the UE supports receiving the MBMS service on the SCell is judged. ¶ [0116], The network side activates the frequency of the MBMS service that is of interest to the UE as the frequency of the SCell. ¶ [0117], ¶ [0140]), and the user equipment is configured to, upon the secondary cell being activated, perform MBS reception from the secondary cell in the CA (S808 of fig. 8). Regarding claim 2, Xu teaches the communication method according to claim 1, further comprising receiving or transmitting, by the user equipment, MBS-related information regarding the MBS reception from the secondary cell, from or to the primary cell (¶ [0077], The UE transmits information about the MBMS service that is of interest to the UE to a network side, ¶ [0104], ¶ [0107], ¶ [0108], ¶ [0110], the UE may obtain the frequency of the MBMS service that is of interest to the UE by a system message and/or an application layer message (for example, User Service Description-USD)). Claim Rejections - 35 USC § 103 6. 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. 7. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 8. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Lee Regarding claim 3, Lee teaches the communication method according to claim 2, wherein the user equipment receives the MBS-related information from the primary cell via SystemInformationBlock (¶ [0062], The UE indicates its MBMS interest at RRC connection establishment (the UE does not need to wait until AS security is activated), and whenever the set of frequencies on which the UE is interested in receiving MBMS services has changed compared with the last indication sent to the network (e.g. due to a change of user interest or of service availability). The UE may only indicate its interest when the PCell provides SystemInformationBlockType15 and after having acquired SystemInformationBlockType15 of the current PCell. ¶ [0083]). Lee does not explicitly teach wherein the user equipment receives the MBS-related information from the primary cell via a radio resource control (RRC) Reconfiguration message. However, it is well known in the art to receive the MBS-related information via SystemInformationBlock or an RRC Reconfiguration message. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to receives the MBS-related information from the primary cell via an RRC Reconfiguration message in the system of Lee to utilize conventional techniques in the art. 9. Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Li et al. (US 2019/0075614 A1, hereinafter “Li”). Regarding claim 4, Lee teaches the communication method according to claim 2. Lee does not explicitly teach wherein the MBS-related information received by the user equipment comprises at least one selected from the group consisting of MBS session information indicating an MBS session provided by the secondary cell, frequency-related information regarding a frequency at which the MBS session is provided, MBS configuration information indicating a configuration of the MBS reception, and cell identification information indicating the secondary cell. Li teaches receiving, by the user equipment, the MBS-related information from the primary cell (figs. 1A, 4, 5A, ¶ [0091], A network device sends, in a first cell, configuration information corresponding to an MBMS, where the configuration information corresponding to the MBMS includes: a cell identity of at least one second cell, and the second cell is used to transmit the MBMS in coordination with the first cell. ¶ [0103], the first cell is a primary cell); wherein the MBS-related information received by the user equipment comprises at least one selected from the group consisting of MBS session information indicating an MBS session provided by the secondary cell, frequency-related information regarding a frequency at which the MBS session is provided, MBS configuration information indicating a configuration of the MBS reception, and cell identification information indicating the secondary cell (figs. 4, 5A, ¶ [0010], ¶ [0012], ¶ [0091], ¶ [0101], the configuration information includes at least a correspondence among a cell identity, frequency information, and bandwidth information. ¶ [0104], [0104] Optionally, the configuration information includes at least one of a cell identity, frequency information, bandwidth information, reference signal configuration information, and a signal threshold. ¶ [0175], the configuration information corresponding to the MBMS. The terminal device receives, from the first cell, the MTCH and/or receives, from the second cell, the MTCH based on the MCCH). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to receive, by the user equipment, the MBS-related information comprising at least one selected from the group consisting of MBS session information indicating an MBS session provided by the secondary cell, frequency-related information regarding a frequency at which the MBS session is provided, MBS configuration information indicating a configuration of the MBS reception, and cell identification information indicating the secondary cell in the system of Lee to further improve industrial applicability. Regarding claim 6, Lee teaches the communication method according to claim 2. Lee does not explicitly teach wherein the MBS-related information received by the user equipment is multicast traffic channel (MTCH) configuration information regarding an MTCH in the secondary cell. Li teaches receiving, by the user equipment, the MBS-related information from the primary cell (figs. 1A, 4, 5A, ¶ [0091], A network device sends, in a first cell, configuration information corresponding to an MBMS, where the configuration information corresponding to the MBMS includes: a cell identity of at least one second cell, and the second cell is used to transmit the MBMS in coordination with the first cell. ¶ [0103], the first cell is a primary cell); wherein the MBS-related information received by the user equipment is multicast traffic channel (MTCH) configuration information regarding an MTCH in the secondary cell (figs. 4-7, ¶ [0175] The terminal device receives, from the first cell, the MCCH. The MCCH carries the configuration information of the n cells and the configuration information corresponding to the MBMS. The terminal device receives, from the first cell, the MTCH and/or receives, from the second cell, the MTCH based on the MCCH). Thus, it would have been obvious to one ordinary skill in the art, before the effective filing date of the invention, to receive, by the user equipment, the MBS-related information comprising a multicast traffic channel (MTCH) configuration information regarding an MTCH in the secondary cell in the system of Lee to further improve industrial applicability. 10. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Kim et al. (US 2015/0146604 A1, hereinafter “Kim”). Regarding claim 5, Lee teaches the communication method according to claim 2 Lee does not explicitly teach wherein the MBS-related information received by the user equipment is a session start notification indicating a start of an MBS session in the secondary cell. Kim teaches receiving, by the user equipment, the MBS-related information from the primary cell (figs. 13, 14, ¶ [0152], the UE may receive MBMS-related information with respect to the S-cell 1320 from the P-cell 1310 when the S-cell is added. ¶ [0153], ¶ [0154], ¶ [0174]); wherein the MBS-related information received by the user equipment is a session start notification indicating a start of an MBS session in the secondary cell (fig. 13, 14, ¶ [0138], The MCCH is transmitted by an RRC at every MCCH repetition period. The MCCH uses a modification period. A notification mechanism may be used to mention a modification in the MCCH due to a session start or the presence of an MBMS counting request message). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to receive, by the user equipment, a session start notification indicating a start of an MBS session in the secondary cell in the system of Lee. The motivation for doing this is a matter of design choice. Response to Arguments 11. Applicant’s arguments filed on May 8, 2026 have been considered but are moot in view of new ground(s) of rejection. Conclusion 12. 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. 13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDISH RANDHAWA whose telephone number is (571)270-5650. The examiner can normally be reached Monday-Thursday (9 AM-7 PM). 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, Chirag Shah can be reached at 571-272-3144. 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. /MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477
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Prosecution Timeline

Jan 18, 2024
Application Filed
Jan 08, 2026
Non-Final Rejection mailed — §102, §103
Apr 07, 2026
Examiner Interview Summary
Apr 07, 2026
Applicant Interview (Telephonic)
May 08, 2026
Response Filed
Jul 28, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
92%
With Interview (+27.2%)
3y 7m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 561 resolved cases by this examiner. Grant probability derived from career allowance rate.

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