Prosecution Insights
Last updated: April 19, 2026
Application No. 18/443,478

UE MOBILITY HANDLING IN THE PRESENCE OF NES CELLS

Non-Final OA §102§103§112
Filed
Feb 16, 2024
Examiner
MADDOX, MICHAEL WAYNE
Art Unit
2463
Tech Center
2400 — Computer Networks
Assignee
Nokia Technologies Oy
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allow Rate
21 granted / 21 resolved
+42.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
23 currently pending
Career history
44
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
53.6%
+13.6% vs TC avg
§102
30.5%
-9.5% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 21 resolved cases

Office Action

§102 §103 §112
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 . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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 11 recites the limitation "the SSB" in line 2. There is insufficient antecedent basis for this limitation in the claim. 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. Claims 1-6, 8-10, 13, and 16-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (US 2025/0106756 A1)(hereinafter “Kim”). Regarding claim 1, Kim discloses an apparatus (Fig. 16: UE) comprising: at least one processor (Fig. 16, [¶0279]: processor 1630); and at least one non-transitory memory (Fig. 16, [¶0279]: memory 1620) storing instructions that, when executed with the at least one processor, cause the apparatus to perform: determining, with the apparatus, to use a measurement and reporting configuration based, at least partially, upon a network energy saving state of a target cell (Fig. 13, [¶0258]: at step 1302, if the UE successfully obtains signaling indicating switching of the base station mode to base station energy saving mode from the base station, the UE performs UE configuration update according to indicated base station energy saving mode. For example, this signaling may include at least one piece of configuration information related to base station energy saving mode such as information about the changed base station transmission bandwidth according to base station energy saving mode, information about the changed power spectral density, information about a timer for base station energy saving mode operation, configuration information about physical channels and physical signals whose transmission characteristics are changed, information about a time gap for mode switching, UE measurement configuration information for measurement reporting, or the other.); measuring, with the apparatus, with use of the measurement and reporting configuration ([¶0203]: UE measurement is a measurement operation performed by the UE on the channel state between the UE and the base station. The base station may determine whether to handover the UE to another cell and perform efficient scheduling operations with reference to the measurement report received from the UE.); and determining, with the apparatus, to transmit a measurement report based upon the determined measurement and reporting configuration ([¶0203]-[ ¶0204]: the base station may determine whether to handover the UE to another cell and perform efficient scheduling operations with reference to the measurement report received from the UE. The UE's measurement report may be classified into a layer 3 (L3) measurement report and a layer 1 (L1) measurement report. [¶0204] L3 measurement report: the L3 measurement report is a measurement report that is reported by the UE to the base station in the form of higher layer L3 signaling, and is characterized in that the UE performs measurement for a relatively long observation time. [¶0216]: the UE may perform not only measurement reporting on the cell to which it is currently connected but also measurement reporting on a neighbor cell. For measurement reporting on a neighbor cell, the UE performs a measurement operation on a reference signal of the neighbor cell. The UE may report the measurement report periodically according to base station settings (periodic reporting), or may report the measurement report if a preset condition is satisfied (event-triggered reporting).). Regarding claim 2, Kim discloses all features of claim 1 as outlined above. Kim also discloses where the instructions, when executed with the at least one processor, cause the apparatus to perform: receiving, with the apparatus, at least two different sets of measurement and reporting configurations; and wherein the determining to use the measurement and reporting configuration comprises selecting, with the apparatus, one of the at least two different sets of measurement and reporting configurations ([¶0258]: at step 1302, if the UE successfully obtains signaling indicating switching of the base station mode to base station energy saving mode from the base station, the UE performs UE configuration update according to indicated base station energy saving mode. [¶0259]: at step 1302, the UE may receive signaling indicating switching from base station energy saving mode to base station normal mode from the base station; in this case, this signaling may include at least one piece of configuration information related to base station normal mode such as information about the changed base station transmission bandwidth according to base station normal mode, information about the changed power spectral density, configuration information about physical channels and physical signals whose transmission characteristics are changed, information about a time gap for mode switching, UE measurement configuration information for measurement reporting, or the other.). Regarding claim 3, Kim discloses all features of claim 2 as outlined above. Kim also discloses where the at least two different sets of measurement and reporting configurations comprise: a first set of measurement and reporting configuration configured to be used by the apparatus for a target cell which is not in the network energy saving state ([¶0259]: at step 1302, the UE may receive signaling indicating switching from base station energy saving mode to base station normal mode from the base station; in this case, this signaling may include at least one piece of configuration information related to base station normal mode such as information about the changed base station transmission bandwidth according to base station normal mode, information about the changed power spectral density, configuration information about physical channels and physical signals whose transmission characteristics are changed, information about a time gap for mode switching, UE measurement configuration information for measurement reporting, or the other.), and a second set of measurement and reporting configuration configured to be used by the apparatus for a target cell that is in the network energy saving state ([¶0258]: at step 1302, if the UE successfully obtains signaling indicating switching of the base station mode to base station energy saving mode from the base station, the UE performs UE configuration update according to indicated base station energy saving mode.). Regarding claim 4, Kim discloses all features of claim 1 as outlined above. Kim also discloses where the instructions, when executed with the at least one processor, cause the apparatus to perform at least one of: receiving an indication regarding how to determine when the target cell is in the network energy saving state (an alternate limitation not given mapping in the claims), receiving an indication of at least one target cell being in the network energy saving state ([¶0258]: at step 1302, if the UE successfully obtains signaling indicating switching of the base station mode to base station energy saving mode from the base station, the UE performs UE configuration update according to indicated base station energy saving mode.), or receiving an indication of one or more target cells potentially switching to the network energy saving state (an alternate limitation not given mapping in the claims). Regarding claim 5, Kim discloses all features of claim 4 as outlined above. Kim also discloses where the indication comprises at least one of: a list of physical cell identity and frequencies of cells and layers in network energy saving state (an alternate limitation not given mapping in the claims), an indication of when a network energy saving state change will happen (Fig. 10A, [¶0192]: according to FIG. 10A, the UE receives a signaling 1001 indicating switching to base station energy saving mode (hereinafter “signaling A”) in slot n (1002) from the base station. “Signaling A” may include information such as control information notifying switching to energy saving mode, control information indicating the timing of switching to energy saving mode, and a cell indication indicating the cell (or/and BWP) to which energy saving mode is applied.), or an instruction or information for the apparatus to prioritize measuring and/or reporting of cells which are not in a network energy saving state (an alternate limitation not given mapping in the claims). Regarding claim 6, Kim discloses all features of claim 1 as outlined above. Kim also discloses where the instructions, when executed with the at least one processor, cause the apparatus to perform determining, with the apparatus, whether the target cell is in the network energy saving state (Fig. 14, [¶0265]: at step 1402, the base station performing mode switching transmits “base station mode change signaling” to the UE. If this signaling is signaling indicating switching from base station normal mode to base station energy saving mode, the above signaling may include, for example, at least one piece of configuration information related to base station energy saving mode such as information about the changed base station transmission bandwidth according to base station energy saving mode, information about the changed power spectral density, information about a timer for base station energy saving mode operation, configuration information about physical channels and physical signals whose transmission characteristics are changed, information about a time gap for mode switching, UE measurement configuration information for measurement reporting, or the other.). Regarding claim 8, Kim discloses all features of claim 4 as outlined above. Kim also discloses where the determining of the measurement and reporting configuration comprises determining whether the target cell is indicated with the received indication (Fig. 10A, [¶0192]: according to FIG. 10A, the UE receives a signaling 1001 indicating switching to base station energy saving mode (hereinafter “signaling A”) in slot n (1002) from the base station. “Signaling A” may include information such as control information notifying switching to energy saving mode, control information indicating the timing of switching to energy saving mode, and a cell indication indicating the cell (or/and BWP) to which energy saving mode is applied.). Regarding claim 9, Kim discloses all features of claim 4 as outlined above. Kim also discloses where the determining whether the target cell is in the network energy saving state comprises one of: use of the received indication of the at least one target cell being in the network energy saving state (Fig. 13, [¶0258]: at step 1302, if the UE successfully obtains signaling indicating switching of the base station mode to base station energy saving mode from the base station, the UE performs UE configuration update according to indicated base station energy saving mode.), or use of the received indication regarding how to determine when the target cell is in the network energy saving state (an alternate limitation not given mapping in the claims). Regarding claim 10, Kim discloses all features of claim 4 as outlined above. Kim also discloses where the determining of the network energy saving state of the target cell is explicitly indicated in dedicated RRC signaling or a MAC control element or system information ([¶0169]: the base station may notify the UE through signaling whether the base station is operating in (or, is configured with) base station normal mode or base station energy saving mode. Additionally, when operating in base station energy saving mode, the base station may notify the UE of which mode is specifically applied among “base station ES mode 1”, “base station ES mode 2”, and “base station ES mode 3” described above, and configuration information regarding the transmission bandwidth and PSD of the base station. This signaling may be performed in various ways. For example, it may be physical layer signaling, RRC signaling, or MAC CE.). Regarding claim 13, Kim discloses all features of claim 6 as outlined above. Kim also discloses when executed with the at least one processor, cause the apparatus to perform setting, with the apparatus, a timer limit, from the determining of whether the target cell is in the network energy saving state, to repeat the determining of whether the target cell is in the network energy saving state ([¶0199]: as another modified example of FIG. 10B, in addition to “signaling B” (or without separately using “signaling B”), the base station may transition from base station energy saving mode to base station normal mode based on a timer. That is, after a preset timer expires, the base station may transition from base station energy saving mode to base station normal mode. Here, in order for the base station and the UE to have a common understanding of when base station mode switching will be applied, the countdown start point of the timer may be defined in advance. For example, in the example of FIG. 10A, the UE and the base station may start counting down the timer from slot n+k1 being a timing at which the UE applies base station energy saving mode. Alternatively, the base station may notify the UE of the countdown start point of the timer through signaling. The timer's value may be notified by the base station to the UE by including it in “signaling A”, may be set in advance through higher signaling, or may be determined in advance.). Regarding claim 16, Kim discloses all features of claim 2 as outlined above. Kim also discloses where at least one of the at least two different sets of measurement and reporting configurations comprises at least one of: different RSRP or RSRQ measurement triggers for different network energy saving states (an alternate limitation not given mapping in the claims), reporting event thresholds or hysteresis for different network energy saving states (an alternate limitation not given mapping in the claims), or different measurement and reporting conditions for different network energy saving cell states (Fig. 13, [¶0258]: at step 1302, if the UE successfully obtains signaling indicating switching of the base station mode to base station energy saving mode from the base station, the UE performs UE configuration update according to indicated base station energy saving mode. For example, this signaling may include at least one piece of configuration information related to base station energy saving mode such as information about the changed base station transmission bandwidth according to base station energy saving mode, information about the changed power spectral density, information about a timer for base station energy saving mode operation, configuration information about physical channels and physical signals whose transmission characteristics are changed, information about a time gap for mode switching, UE measurement configuration information for measurement reporting, or the other.). Regarding claim 17, Kim discloses all features of claim 2 as outlined above. Kim also discloses where at least two of the at least two different sets of measurement and reporting configurations comprise different reference signals ([¶0220]: in an example of the third embodiment, it is assumed that at least some of the characteristics of the reference signal (may include SSB or CSI-RS) transmitted by the base station change according to “base station energy saving method 1-1”, “base station energy saving method 1-2”, “base station energy saving method 2”, or “base station energy saving method 3” described above. For example, it is assumed that at least one characteristic in the transmission bandwidth of the reference signal, transmission power, power amplifiers, transmission antennas, and time mapping changes depending on the base station mode. Information about such a changed characteristic of the reference signal may be included in signaling 1101 indicating base station mode switching.). Regarding claim 18, Kim discloses a method comprising: sending, with a network node to a user equipment, at least one of: an information for the user equipment to use to determine whether a target cell is in a network energy saving state (Fig. 14, [¶0265]: at step 1402, the base station performing mode switching transmits “base station mode change signaling” to the UE. If this signaling is signaling indicating switching from base station normal mode to base station energy saving mode.), or a measurement and reporting configuration that is based at least partially on a network energy saving state of the target cell ([¶0265]: the above signaling may include, for example, at least one piece of configuration information related to base station energy saving mode such as information about the changed base station transmission bandwidth according to base station energy saving mode, information about the changed power spectral density, information about a timer for base station energy saving mode operation, configuration information about physical channels and physical signals whose transmission characteristics are changed, information about a time gap for mode switching, UE measurement configuration information for measurement reporting, or the other.); and receiving, with the network node, a measurement report based, at least partially, upon at least one of the sent information or the sent measurement and reporting configuration ([¶0203]-[ ¶0204]: the base station may determine whether to handover the UE to another cell and perform efficient scheduling operations with reference to the measurement report received from the UE.). Regarding claim 19, Kim discloses all features of claim 19 as outlined above. Kim also discloses where the information is configured for the user equipment to use for identifying at least one of: one or more target cells in the network energy saving state (Fig. 14, [¶0265]: at step 1402, the base station performing mode switching transmits “base station mode change signaling” to the UE. If this signaling is signaling indicating switching from base station normal mode to base station energy saving mode.), or one or more target cells potentially switching to the network energy saving state (an alternate limitation not given mapping in the claims). Regarding claim 20, Kim discloses an apparatus (Fig. 16: base station) comprising: at least one processor (Fig. 17, [¶0284]: processor 1730); and at least one non-transitory memory (Fig. 17, [¶0284]: memory 1720) storing instructions that, when executed with the at least one processor, cause the apparatus to perform: sending, with the apparatus to a user equipment, at least one of: an information for the user equipment to use to determine whether a target cell is in a network energy saving state (Fig. 14, [¶0265]: at step 1402, the base station performing mode switching transmits “base station mode change signaling” to the UE. If this signaling is signaling indicating switching from base station normal mode to base station energy saving mode.), or a measurement and reporting configuration that is based at least partially on a network energy saving state of the target cell ([¶0265]: the above signaling may include, for example, at least one piece of configuration information related to base station energy saving mode such as information about the changed base station transmission bandwidth according to base station energy saving mode, information about the changed power spectral density, information about a timer for base station energy saving mode operation, configuration information about physical channels and physical signals whose transmission characteristics are changed, information about a time gap for mode switching, UE measurement configuration information for measurement reporting, or the other.); and receiving, with the apparatus, a measurement report based, at least partially, upon at least one of the sent information or the sent measurement and reporting configuration ([¶0203]-[ ¶0204]: the base station may determine whether to handover the UE to another cell and perform efficient scheduling operations with reference to the measurement report received from the UE.). 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. Claims 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2025/0106756 A1)(hereinafter “Kim”) in view of Teyeb et al. (US 2025/0392973 A1)(hereinafter “Teyeb”). Regarding claim 7, Kim discloses all features of claim 6 as outlined above. Kim fails to disclose where the determining whether the target cell is in the network energy saving state comprises implicitly determining the network energy saving state based upon at least one of: determining the target cell is using a different reference signal type as compared to a cell which is not in a network energy saving state, determining the target cell is using a longer reference signal periodicity as compared to a cell which is not in a network energy saving state, an indication received from a serving cell based upon reference signal periodicity, determining the target cell is using a longer reference signal periodicity for a subset of synchronization signal block beams as compared to a legacy cell, or determining the target cell is transmitting only a subset of synchronization signal block beams as compared to a legacy cell. However, Teyeb discloses where the determining whether the target cell is in the network energy saving state comprises implicitly determining the network energy saving state based upon at least one of: determining the target cell is using a different reference signal type as compared to a cell which is not in a network energy saving state (an alternate limitation not given mapping in the claims), determining the target cell is using a longer reference signal periodicity as compared to a cell which is not in a network energy saving state (an alternate limitation not given mapping in the claims), an indication received from a serving cell based upon reference signal periodicity (an alternate limitation not given mapping in the claims), determining the target cell is using a longer reference signal periodicity for a subset of synchronization signal block beams as compared to a legacy cell (an alternate limitation not given mapping in the claims), or determining the target cell is transmitting only a subset of synchronization signal block beams as compared to a legacy cell ([¶0184]: a WTRU may determine that the serving/source cell is in (e.g., is entering) a reduced power state or an NES state, for example, based on reception of signaling or an indication from the NW (e.g., as shown in FIG. 5), which may include receiving an indication from the network about power reduction, receiving an indication from the network about an availability state change associated with the source or target cell, and/or receiving or detecting an SSB associated NES (e.g., a stripped down SSB, a PSS-only SSB).). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine whether the target cell is in the network energy saving state, as taught by Kim, by implicitly determining the network energy saving state based upon determining the target cell is transmitting only a subset of synchronization signal block beams as compared to a legacy cell, as taught by Teyeb. Doing so allows for saving bandwidth use within the system by providing implicit signaling of the network energy saving state to the UE without requiring transmission of a separate indication. Regarding claim 11, Kim discloses all features of claim 10 as outlined above. Kim does not disclose where the determining of the network energy saving state of the target cell is explicitly indicated based on content of the SSB which includes information related to the network energy saving state. However, Teyeb discloses where the determining of the network energy saving state of the target cell is explicitly indicated based on content of the SSB which includes information related to the network energy saving state ([¶0184]: a WTRU may determine that the serving/source cell is in (e.g., is entering) a reduced power state or an NES state, for example, based on reception of signaling or an indication from the NW (e.g., as shown in FIG. 5), which may include receiving an indication from the network about power reduction, receiving an indication from the network about an availability state change associated with the source or target cell, and/or receiving or detecting an SSB associated NES (e.g., a stripped down SSB, a PSS-only SSB).). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine whether the target cell is in the network energy saving state, as taught by Kim, based explicitly on content of the SSB which includes information related to the network energy saving state, as taught by Teyeb. Doing so allows for saving bandwidth use within the system by providing signaling of the network energy saving state to the UE by the SSB without requiring transmission of a separate indication. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2025/0106756 A1)(hereinafter “Kim”) in view of Gao (US 2016/0242112 A1)(hereinafter “Gao”). Regarding claim 12, Kim discloses all features of claim 1 as outlined above. Although Kim discloses where the instructions, when executed with the at least one processor, cause the apparatus to perform transmitting the measurement report…, Kim does not disclose where transmitting the measurement report includes sending information regarding an estimated network energy saving state of the target cell. However, Gao discloses where the instructions, when executed with the at least one processor, cause the apparatus to perform transmitting the measurement report including sending information regarding an estimated network energy saving state of the target cell (Fig. 2, [¶0035]- [¶0036]: step 101, the UE discovers that a small cell is in an energy saving state through air interface measurement, and an access network element device (an eNB 1) receives information, reported by the UE, of (one or more) small cells entering dormancy; here, the information of the small cell includes one or more of; RAT/frequency information, the ECGI, routing information of the small cell, current location information of the UE, energy saving indication information, current datarate information of the UE, cell type information, supporting modes of the small cell (such as whether WiFi is supported) and the like). Therefore, 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 transmitting of the measurement report, as taught by Kim, to include information regarding an estimated network energy saving state of a target cell, as taught by Gao. Doing so allows for utilizing network energy saving state information for improved determination of whether to handover to a target cell . Allowable Subject Matter Claims 14-15 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Han et al. (US 2025/0380212 A1) – Communication Method and Apparatus, Storage Medium, and Program Product. Babaei (US 2023/0389120 A1) – Network Energy Saving. Chen (US 2020/0213887 A1) – Configuration Method and Device Of Measurement Reporting, Measurement Reporting Method and Device. Park et al. (US 2024/0107441 A1) – Method and Apparatus For Mobility Management of Intermittent Cell Access In Communication System. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W MADDOX whose telephone number is (571)272-5834. The examiner can normally be reached M-Th 7:30am-5:00pm, 1st F 7:30am-4:00pm, 2nd F off. 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, Asad M Nawaz can be reached at 571-272-3988. 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. /MICHAEL WAYNE MADDOX/Examiner, Art Unit 2463 /ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463
Read full office action

Prosecution Timeline

Feb 16, 2024
Application Filed
Feb 05, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 21 resolved cases by this examiner. Grant probability derived from career allow rate.

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