Prosecution Insights
Last updated: April 19, 2026
Application No. 18/432,558

COMMUNICATION METHOD AND USER EQUIPMENT

Non-Final OA §103
Filed
Feb 05, 2024
Examiner
SHARMA, GAUTAM
Art Unit
2467
Tech Center
2400 — Computer Networks
Assignee
Kyocera Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
558 granted / 636 resolved
+29.7% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
22 currently pending
Career history
658
Total Applications
across all art units

Statute-Specific Performance

§101
6.5%
-33.5% vs TC avg
§103
56.0%
+16.0% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
4.9%
-35.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 636 resolved cases

Office Action

§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 . Claims 1-8 are pending. 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. 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. Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Girolamo et al, application no. 2023/0276470, hereinafter known as Girolamo in view of ETSI TS 138 322 V16.2.0 (2021-01) 5G; NR; Radio Link Control (RLC) protocol specification (3GPP TS 38.322 version 16.2.0 Release 16 hereinafter known as 3GPP. As to claim 1, Girolamo discloses a communication method used in a mobile communication system for supporting a multicast and broadcast service (MBS) (Girolamo, [0004], figure 7-9, communication system for MBS communications), the communication method comprising the steps of: receiving, by a user equipment from a network node, configuration for a multicast radio bearer having a Point-to-Point (PTP) leg and a Point-to-Multipoint (PTM) leg (Girolamo. [0174]-[0185], Multicast Radio Bearer with split bearer comprising PTP leg and PTM legs where each leg can be RLC-AM or RLC-UM); and determining, by the user equipment, whether the multicast radio bearer is an Acknowledged Mode (AM) bearer or an Unacknowledged Mode (UM) bearer (Girolamo,[0183]-[0185], configured to use either AM or UM mode based on configuration). Girolamo disclose MRB with PTP and PTM legs where each leg is AM or UM and/or both legs are AM or UM ([0291]-[0297]). Girolamo does not expressly disclose bearer function according to RLC configured based on PTP or PTM legs configured with AM or UM however 3GPP discloses based on the configuration, wherein the user equipment treats the multicast radio bearer as the AM bearer, in response to the Radio Link Control (RLC) mode configured for the PTP leg or the PTM leg being an AM (3GPP, section 4.2.1.2 and section 4.2.1.3, UM and AM bearer function based on to RLC with UM or AM configuration). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Girolamo to include the limitations of based on the configuration, wherein the user equipment treats the multicast radio bearer as the AM bearer, in response to the Radio Link Control (RLC) mode configured for the PTP leg or the PTM leg being an AM as taught by 3GPP. 3GPP multicast bearer configured with RLC function according to AM or UM configuration is part of standards in the art as required for communication with high reliability (AM) or lower reliability (UM) communications. Combining 3GPP teaching with teaching of Girolamo of split bearer PTP and PTM with associated AM and UM would be obvious as multicast bearer would provide PTP and PTM with associated reliability needs. As to claim 2, Girolamo discloses the communication method according to claim 1. Girolamo does not disclose however 3GPP discloses wherein the user equipment treats the multicast radio bearer as an AM multicast radio bearer, when an RLC entity of the PTP leg is configured to the AM or an RLC entity of the PTM leg is configured to the AM (3GPP, section 4.2.1.2 and section 4.2.1.3, UM and AM bearer function according to RLC with UM or AM configuration). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Girolamo to include the limitations of wherein the user equipment treats the multicast radio bearer as an AM multicast radio bearer, when an RLC entity of the PTP leg is configured to the AM or an RLC entity of the PTM leg is configured to the AM as taught by 3GPP. 3GPP multicast bearer configured with RLC function according to AM or UM configuration is part of standards in the art as required for communication with high reliability (AM) or lower reliability (UM) communications. Combining 3GPP teaching with teaching of Girolamo of split bearer PTP and PTM with associated AM and UM would be obvious as multicast bearer would provide PTP and PTM with associated reliability needs. As to claim 3, Girolamo discloses the communication method according to claim 1. Girolamo discloses where either PTP or PTM leg can be UM (Girolamo, [0293]-[0294]). Girolamo does not disclose however 3GPP discloses wherein the user equipment treats the multicast radio bearer as the UM bearer, in response to the RLC mode configured for the PTP leg or the PTM leg being an UM (3GPP, section 4.2.1.2 and section 4.2.1.3, UM and AM bearer function according to RLC with UM or AM configuration). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Girolamo to include the limitations of wherein the user equipment treats the multicast radio bearer as the UM bearer, in response to the RLC mode configured for the PTP leg or the PTM leg being an UM as taught by 3GPP. 3GPP multicast bearer configured with RLC function according to AM or UM configuration is part of standards in the art as required for communication with high reliability (AM) or lower reliability (UM) communications. Combining 3GPP teaching with teaching of Girolamo of split bearer PTP and PTM with associated AM and UM would be obvious as multicast bearer would provide PTP and PTM with associated reliability needs. As to claim 4, Girolamo discloses the communication method according to claim 3. Girolamo discloses where either PTP or PTM leg can be UM (Girolamo, [0295]). Girolamo does not disclose however 3GPP discloses wherein the user equipment treats the multicast radio bearer as a UM multicast radio bearer, when an RLC entity of the PTP leg is configured to the UM and an RLC entity of the PTM leg is configured to the UM (3GPP, section 4.2.1.2 and section 4.2.1.3, UM and AM bearer function according to RLC with UM or AM configuration). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Girolamo to include the limitations of wherein the user equipment treats the multicast radio bearer as a UM multicast radio bearer, when an RLC entity of the PTP leg is configured to the UM and an RLC entity of the PTM leg is configured to the UM as taught by 3GPP. 3GPP multicast bearer configured with RLC function according AM or UM configured is part of standards in the art as required for communication with high reliability (AM) or lower reliability (UM). 3GPP multicast bearer configured with RLC function according to AM or UM configuration is part of standards in the art as required for communication with high reliability (AM) or lower reliability (UM) communications. Combining 3GPP teaching with teaching of Girolamo of split bearer PTP and PTM with associated AM and UM would be obvious as multicast bearer would provide PTP and PTM with associated reliability needs. As to claims 5, the claims is rejected as applied to claim 1 by Girolamo in view of 3GPP. As to claim 6, Girolamo discloses a mobile communication system comprising: the user equipment according to claim 5; and a network node (Girolamo, figure 1b, [0055], [0094]). As to claims 7 and 8, the claims are each rejected as applied to claim 1 by Girolamo in view of 3GPP. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GAUTAM SHARMA whose telephone number is (571)270-7182. The examiner can normally be reached 11am-8pm. 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, Hassan Phillips can be reached at 571-272-3940. 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. /GAUTAM SHARMA/ Examiner, Art Unit 2467 /HASSAN A PHILLIPS/ Supervisory Patent Examiner, Art Unit 2467
Read full office action

Prosecution Timeline

Feb 05, 2024
Application Filed
Mar 06, 2026
Non-Final Rejection — §103 (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

1-2
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+12.0%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 636 resolved cases by this examiner. Grant probability derived from career allow rate.

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