Prosecution Insights
Last updated: August 17, 2026
Application No. 18/439,377

RANDOM ACCESS PROCEDURES WITH A VIRTUAL CELL

Final Rejection §103
Filed
Feb 12, 2024
Examiner
CHOWDHURY, HARUN UR R
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
454 granted / 598 resolved
+17.9% vs TC avg
Strong +25% interview lift
Without
With
+25.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
33 currently pending
Career history
641
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
49.5%
+9.5% vs TC avg
§102
21.3%
-18.7% vs TC avg
§112
19.6%
-20.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 598 resolved cases

Office Action

§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 . Status of Claims 2. Claims 1-30 are pending wherein claims 1, 13, 25, and 28 are in independent form. Response to Arguments 3. Applicant's arguments filed on 05/27/2026 have been fully considered but they are not persuasive. The reasons set forth below. 4. On page 12 of the remarks, applicant argues, “For example, Ohara makes no mention of including both the indication of RACH resource frequency positions and the synchronization signal block association information in a same control message. Moreover, an association between synchronization signal blocks and RACH bands, as described by Ohara, is not the same as "an index of a sub-band of a plurality of sub-bands of a virtual cell," as recited in independent claim 1. Ohara describes indicating an association between multiple synchronization signal blocks and multiple RACH bands, but Ohara makes no mention of indicating an index of a specific RACH band. Ohara also does not teach or suggest any inclusion of "a quantity of random access occasions associated with the sub-band" within a control message, for at least the reason that an indication of RACH resource frequency positions within RACH bands is not the same as "a quantity of random access occasions" associated with a RACH band. That is, Ohara makes no mention of a message that includes a quantity of the RACH resources within a specific RACH band. Thus, Ohara does not teach or suggest the aforementioned features of independent claim 1.” In response, examiner respectfully disagrees because: Ohara discloses that SS blocks indexes are mapped to RACH bands and therefore, the index of an SS block specifies the corresponding RACH band (Fig. 8, Par 0050, Par 0052). The association between the RACH band and the SS block is indicated to the UE (i.e., control message) and the indication also provides the number RACH resources included in the RACH band (Par 0050). The association indication between SSB #0 and RACH BWP provides an index of the RACH BWP (I.e., SSB #0) and the number of RACH resources within the RACH BWP (Fig. 8, Par 0040, Par 0050, Par 0052). Ohara further discloses that RACH resource allocation unit allocates one or more RACH bands/BWPs (indication of the RACH band/BWP/SSB is the sub-band index identifying the allocated RACH band) and RACH resources within a corresponding RACH band (the allocated RACH resources within a band is the quantity of RACH occasion) (Fig. 3-8, Par 0031-0038). Par [0040] states, “the RACH bands may be indicated in association with SS blocks, which will be described later”. Par [0052] states, “The above-described association relationship between SS blocks and RACH bands or RACH resources may be applied to all the embodiments illustrated in FIG. 3 through 7.” Therefore, the SSB index is the functions as the RACH band/sub-band index and the allocated RACH resources within a corresponding band are the quantity of random access occasion. Therefore, in view of the above reasons, examiner maintains the rejection. Claim Rejections - 35 USC § 103 5. 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. 6. Claims 1, 5-6, 8, 10, 13, 17-18, 20, 22, 25, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Ohara et al (US 20200281016, hereinafter referred to as Ohara) in view of Manolakos et al (US 20230031065, hereinafter referred to as Manolakos). Re claim 1, Ohara teaches a user equipment (UE) (UE 200, Fig. 1, Fig. 10-11), comprising: (i) one or more memories (memory, 1002) storing processor-executable code (software/program) (Fig. 11, Par 0058, Par 0060-0063); and (ii) one or more processors (Processor, 1001) coupled with the one or more memories (memory, 1002) and individually or collectively operable to execute the code (Fig. 11, Par 0058, Par 0060-0063) to cause the UE to: (iii) receive a control message (receiving one or more RACH bands and RACH resources/occasions within each RACH band/BWP, Fig. 3-4, Par 0031-0033, Par 0037-0041, receiving an association between RACH bands and SSBs including RACH resources/occasions within each RACH band/BWP, Fig. 8, Par 0045, Par 0049-0050, Par 0052) that comprises an index of a sub-band (indication of each RACH band and RACH resources within each band, initial active BWP, SSB index associated with a RACH BWP/band, Fig. 8) of a plurality of sub-bands (plurality of RACH bands/BWPs) of a (iv) transmit a random access message within a random access occasion of the quantity of random access occasions (transmitting message 1/random access preamble using a RACH resource from the plurality of RACH resources included within a RACH band/BWP, Par 0033, Par 0048, Par 0056) indicated by the control message (indication of the one or more RACH bands and RACH resources/occasions within each RACH band/BWP, Fig. 3-4, Par 0031-0033, Par 0037-0041, an association between RACH bands and SSBs including RACH resources/occasions within each RACH band/BWP, Fig. 8, Par 0045, Par 0049-0050, Par 0052); and (v) receive a random access response message (random access response (RAR)/message 2) that is associated with the index of the sub-band (RACH band/BWP from which RACH resource is selected), the random access occasion (RACH resource used to transmit message 1/random access preamble), or both after transmitting the random access message (reception of RAR/Message 2 is associated with the transmission of message 1/random access preamble using a RACH resource included within a RACH band/BWP) (Par 0048). Ohara discloses that the base station allocating random access resources/occasion represents a cell, but Ohara does not explicitly disclose that the base station allocating random access resources/occasions represents a virtual cell. Manolakos teaches that a base station allocating random access resources/occasions (Fig. 11A-D, Fig. 13 A-C, Par 0139, Par 0147) represents a virtual cell (Par 0040---" A “cell” is a logical communication entity used for communication with a base station (e.g., over some frequency resource, referred to as a carrier frequency, component carrier, carrier, band, or the like), and may be associated with an identifier (e.g., a physical cell identifier (PCI), a virtual cell identifier (VCI), a cell global identifier (CGI)) for distinguishing cells operating via the same or a different carrier frequency.”) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohara by including the feature that a base station allocating random access resources/occasions represents a virtual cell, as taught by Manolakos for the purpose of efficiently using RACH resources for both positioning and initial access, as taught by Manolakos (Par 0155-0156). Claim 25 recites a method performing the functions recited in claim 1 and thereby, is rejected for the reasons discussed above with respect to claim 1. Re claims 5, 17, Ohara teaches to receive a second control message associated with the random access response message based at least in part on transmitting the random access message (control message scheduling message 2 in response to the transmission of message 1), wherein the random access response message is associated with the index of the sub-band, the random access occasion, or both based at least in part on receiving the second control message (random access response (RAR) message is associated with the random access preamble/message 1) (Par 0048). Re claims 6, 18, Ohara teaches that the second control message comprises one or more fields that indicate the index of the sub-band, the random access occasion, or both (Information element indicating RACH band used for transmitting message 1) (Par 0048). Re claims 8, 20, Ohara teaches to receive, via the random access response message, an indication of the index of the sub-band, an indication of the random access occasion, or both (Par 0048). Re claims 10, 22, Ohara teaches to receive the random access response message in accordance with the index of the sub-band, the random access occasion, or both based at least in part on first information included in a second control message associated with the random access response message (CRC of DCI scrambled with RA-RNTI) and second information included in the random access response message (Information element indicating RACH band used for transmitting message 1) (Par 0048). Re claim 13, Ohara teaches a network entity (base station 100) (Fig. 1-2), comprising: (i) one or more memories (1002, Fig. 11) storing processor-executable code (software/program codes) (Par 0058-0060, Par 0062-0063); and (ii) one or more processors (1001, Fig. 11) coupled with the one or more memories (1002) and individually or collectively operable to execute the code (Fig. 11, Par 0058-0062) to cause the network entity to: (iii) output a control message (receiving one or more RACH bands and RACH resources/occasions within each RACH band/BWP, Fig. 3-4, Par 0031-0033, Par 0037-0041, receiving an association between RACH bands and SSBs including RACH resources/occasions within each RACH band/BWP, Fig. 8, Par 0045, Par 0049-0050, Par 0052) that comprises an index of a sub-band (indication of each RACH band and RACH resources within each band, initial active BWP, SSB index associated with a RACH BWP/band, Fig. 8) of a plurality of sub-bands (plurality of RACH bands/BWPs) of a Ohara does not disclose that the cell is a virtual cell); (iv) obtain a random access message within a random access occasion of the quantity of random access occasions (transmitting message 1/random access preamble using a RACH resource from the plurality of RACH resources included within a RACH band/BWP, Par 0033, Par 0048, Par 0056) indicated by the control message (indication of the one or more RACH bands and RACH resources/occasions within each RACH band/BWP, Fig. 3-4, Par 0031-0033, Par 0037-0041, an association between RACH bands and SSBs including RACH resources/occasions within each RACH band/BWP, Fig. 8, Par 0045, Par 0049-0050, Par 0052); and (v) output, to a user equipment (UE) (UE 200, Fig. 1, Fig. 10), a random access response message (random access response (RAR)/message 2) that is associated with the index of the sub-band (RACH band/BWP from which RACH resource is selected), the random access occasion (RACH resource used to transmit message 1/random access preamble), or both after obtaining the random access message (reception of RAR/Message 2 is associated with the transmission of message 1/random access preamble using a RACH resource included within a RACH band/BWP) (Par 0048). Ohara discloses that the base station allocating random access resources/occasion represents a cell, but Ohara does not explicitly disclose that the base station allocating random access resources/occasions represents a virtual cell. Manolakos teaches that a base station allocating random access resources/occasions (Fig. 11A-D, Fig. 13 A-C, Par 0139, Par 0147) represents a virtual cell (Par 0040---" A “cell” is a logical communication entity used for communication with a base station (e.g., over some frequency resource, referred to as a carrier frequency, component carrier, carrier, band, or the like), and may be associated with an identifier (e.g., a physical cell identifier (PCI), a virtual cell identifier (VCI), a cell global identifier (CGI)) for distinguishing cells operating via the same or a different carrier frequency.”) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohara by including the feature that a base station allocating random access resources/occasions represents a virtual cell, as taught by Manolakos for the purpose of efficiently using RACH resources for both positioning and initial access, as taught by Manolakos (Par 0155-0156). Claim 28 recites a method performing the functions recited in claim 13 and thereby, is rejected for the reasons discussed above with respect to claim 13. 7. Claims 2, 14, 26, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Ohara and Manolakos as applied to claim 1 above and further in view of Hou et al (US 20240276502, hereinafter referred to as Hou). Re claims 2, 14, 26, 29, Ohara does not explicitly disclose to transmit the random access message in accordance with a first index, wherein the first index is based at least in part on combining the quantity of random access occasions with one or more second quantities of random access occasions associated with one or more second sub-bands. Hou teaches to transmit the random access message in accordance with a first index (determining a random access channel occasion (RO) based on a selected SSB), wherein the first index (selected RO index/number) is based at least in part on combining the quantity of random access occasions (ROs in the first BWP) with one or more second quantities of random access occasions (ROs in the second BWP) associated with one or more second sub-bands (ROs are jointly numbered in a plurality of BWPs/sub-bands) (Fig. 13-15, Par 0034, Par 0036-0044, Par 0170-0172, Par 0174, Par 0178-0183). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohara by including the feature to transmit the random access message in accordance with a first index, wherein the first index is based at least in part on combining the quantity of random access occasions with one or more second quantities of random access occasions associated with one or more second sub-bands, as taught by Hou for the purpose of improving “transmission quality performance when a plurality of terminal devices multiplex a transmission resource”, as taught by Hou (Par 0006). 8. Claims 7, 9, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Ohara and Manolakos as applied to claim 5 above and further in view of Tang et al (US 20230371084, hereinafter referred to as Tang). Re claim 7, Ohara does not explicitly disclose to decode the second control message in accordance with the index of the sub-band, the random access occasion, or both based at least in part on one or more cyclic redundancy check bits of the second control message, a reference signal scrambling identifier of the second control message, a bit interleaving pattern of the second control message, or any combination thereof, wherein receiving the random access response message is based at least in part on decoding the second control message. Tang teaches to decode the second control message (DCI scheduling RAR) in accordance with the index of the sub-band, the random access occasion, or both (RA-RNTI) based at least in part on one or more cyclic redundancy check bits of the second control message (CRC bits scrambled with RA-RNTI), a reference signal scrambling identifier of the second control message, a bit interleaving pattern of the second control message, or any combination thereof, wherein receiving the random access response message is based at least in part on decoding the second control message (RAR received by decoding DCI scheduling RAR) (Fig. 10, Par 0119-0125, Par 0181-0184). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohara by including the feature to decode the second control message in accordance with the index of the sub-band, the random access occasion, or both based at least in part on one or more cyclic redundancy check bits of the second control message, a reference signal scrambling identifier of the second control message, a bit interleaving pattern of the second control message, or any combination thereof, wherein receiving the random access response message is based at least in part on decoding the second control message, as taught by Tang for the purpose of providing flexible initial access processes to improve spectrum utilization, improve load balance for PRACH transmissions, reduce PRACH collision and/or improve uplink coverage, as taught by Tang (Par 0007). Re claims 9, 21, Ohara does not explicitly disclose to receive the indication of the index of the sub-band, the indication of the random access occasion of the random access response message, or both via a medium access control header of the random access response message, a medium access control payload, one or more padding bits of the random access response message, a reference signal scrambling identifier of the random access response message, or a combination thereof. Tang teaches to receive the indication of the index of the sub-band, the indication of the random access occasion of the random access response message, or both (RA-RNTI) via a medium access control header of the random access response message, a medium access control payload, one or more padding bits of the random access response message, a reference signal scrambling identifier of the random access response message, or a combination thereof (CRC scrambled with RA-RNTI) (Fig. 10, Par 0119-0125, Par 0181-0184). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohara by including the feature to receive the indication of the index of the sub-band, the indication of the random access occasion of the random access response message, or both (RA-RNTI) via a medium access control header of the random access response message, a medium access control payload, one or more padding bits of the random access response message, a reference signal scrambling identifier of the random access response message, or a combination thereof, as taught by Tang for the purpose of providing flexible initial access processes to improve spectrum utilization, improve load balance for PRACH transmissions, reduce PRACH collision and/or improve uplink coverage, as taught by Tang (Par 0007). Re claim 19, Ohara does not explicitly disclose to encode the second control message in accordance with the index of the sub-band, the random access occasion, or both based at least in part on one or more cyclic redundancy check bits of the second control message, a reference signal scrambling identifier of the second control message, a bit interleaving pattern of the second control message, or any combination thereof. Tang teaches to encode the second control message (DCI scheduling RAR) in accordance with the index of the sub-band, the random access occasion, or both (RA-RNTI) based at least in part on one or more cyclic redundancy check bits of the second control message (CRC bits scrambled with RA-RNTI), a reference signal scrambling identifier of the second control message, a bit interleaving pattern of the second control message, or any combination thereof (Fig. 10, Par 0119-0125, Par 0181-0184). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohara by including the feature to encode the second control message in accordance with the index of the sub-band, the random access occasion, or both based at least in part on one or more cyclic redundancy check bits of the second control message, a reference signal scrambling identifier of the second control message, a bit interleaving pattern of the second control message, or any combination thereof., as taught by Tang for the purpose of providing flexible initial access processes to improve spectrum utilization, improve load balance for PRACH transmissions, reduce PRACH collision and/or improve uplink coverage, as taught by Tang (Par 0007). 9. Claims 11 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Ohara and Manolakos as applied to claim 1 above and further in view of Tang (US 20210144770, hereinafter referred to as Tang ‘770). Re claims 11, 23, Ohara does not explicitly disclose that the quantity of random access occasions is based at least in part on a type of random access procedure. Tang ‘770 teaches that the quantity of random access occasions is based at least in part on a type of random access procedure (first type of random access procedure, second type of random access procedure) (Fig. 1-2, Fig. 4, Par 0050-0051, Par 0066-0067). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohara by including the feature that the quantity of random access occasions is based at least in part on a type of random access procedure, as taught by Tang ‘770 for the purpose of providing “a random access method suitable for low delay in the NR system”, as taught by Tang ‘770 (Par 0003). 10. Claims 12 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Ohara and Manolakos as applied to claim 1 above and further in view of Popovic et al (US 20210337604, hereinafter referred to as Popovic). Re claims 12, 24, Ohara does not explicitly disclose that at least a first sub-band of the plurality of sub-bands and a second sub-band of the plurality of sub-bands are non-contiguous in a frequency domain. Popovic teaches that at least a first sub-band of the plurality of sub-bands and a second sub-band of the plurality of sub-bands are non-contiguous in a frequency domain (disjoint subbands) (Par 0020-0021, Par 0084-0086). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohara by including the feature that at least a first sub-band of the plurality of sub-bands and a second sub-band of the plurality of sub-bands are non-contiguous in a frequency domain, as taught by Popovic for the purpose of employing a random access procedure to “improve performance, such as reduced mis-detection probability and false detection probability”, as taught by Popovic (Par 0002, Par 0011). Allowable Subject Matter Claims 3-4, 15-16, 27 and 30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion THIS ACTION IS MADE FINAL. 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 HARUN UR R CHOWDHURY whose telephone number is (571)270-3895. The examiner can normally be reached Monday-Friday 9AM-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, Kwang B Yao can be reached at 5712723182. 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. /HARUN CHOWDHURY/Examiner, Art Unit 2473
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Prosecution Timeline

Feb 12, 2024
Application Filed
Feb 27, 2026
Non-Final Rejection mailed — §103
May 27, 2026
Response Filed
Jun 30, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

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Expected OA Rounds
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Grant Probability
99%
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2y 9m (~3m remaining)
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