Prosecution Insights
Last updated: April 18, 2026
Application No. 18/462,835

DEVICE AND METHOD FOR OPERATING DUAL CONNECTIVITY STRUCTURE IN WIRELESS COMMUNICATION SYSTEM

Non-Final OA §102
Filed
Sep 07, 2023
Examiner
NGUYEN, THE HY
Art Unit
2478
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
230 granted / 312 resolved
+15.7% vs TC avg
Strong +33% interview lift
Without
With
+33.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
33 currently pending
Career history
345
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
54.2%
+14.2% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 312 resolved cases

Office Action

§102
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 . Allowable Subject Matter Claim(s) 4-5, 14-15, 9-10, and 19-20 is/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. Priority Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a) -(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action, 37 CFR 41.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application. See MPEP 2304.01(c). In particular, the Examiner is unable to find subject matter support in the following foreign application(s): KR10-2021-0040528 because the Examiner is unable to locate a suitable English translation of the document. An English translation of KR10-2021-0040528 is required to obtain the priority date associated with said application number. Thus, the current benefit accords to the PCT application with filing date 03/23/2022 because the PCT application, PCT/KR2022/004078, provides adequate support or enablement for the subject matter of the claims. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. The disclosure is objected to because of the following informalities: [0104] discloses “In order to solve this problem, in embodiments of the disclosure, the MN transmits to the MN not only information on the band combination but also information on a data rate of the MN, and thus selects a best band combination in the SN to allow efficient DC operations.” The Examiner assumes the transmission is from the MN to the SN. Furthermore, the Examiner assumes the SN performs the selection. Appropriate correction is required. Claim Objections Claim(s) 4, 9, 14, and 19 is/are objected to because of the following informalities: Claim(s) 4, 9, 14, and 19 recite “wherein, the first data rate information includes, latency information on the at least one band combination of the MCG.” There are unnecessary commas before and after “the first data rate information includes.” Appropriate correction is required. 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 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)(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. (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. Claim(s) 1-3, 6-8, 11-13, and 16-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yang et al. (US 2023/0403111 A1). Regarding claims 1 and 11, Yang discloses A secondary node (SN) apparatus for multi-radio-dual connectivity (MR-DC) in a wireless communication system, the apparatus comprising and A method of operating a secondary node (SN) for multi-radio-dual connectivity (MR-DC) in a wireless communication system, the method comprising (Fig. 2A): a transceiver (Figs. 6A-6C and 8); and at least one processor operatively coupled to the transceiver (Figs. 6A-6C and 8), wherein the at least one processor is configured to (Figs. 6A-6C and 8): receive a request message from a master node (MN), wherein the request message includes information indicating at least one band combination and first data rate information on a data rate of a master cell group (MCG) for each of the at least one band combination (Fig. 2A: SgNB Addition Request, SgNB Modification Request, SN Addition Request, SN Modification Request. [0138]: Step B: the MN may signal a parameter such as allowedBC-ListMRDC together with achievable CA throughput [Mbps] (e.g., in a new IE) of MCG to the SN. [0134]: achievable CA throughput of the band combination and feature set may be contained in information elements (IEs) such as allowedBC-ListMRDC and selectedBandCombination … the SN may select a MR-DC band combination and feature set that has the highest achievable total throughput of MCG and SCG, e.g., a sort of white-box selection in terms of “data rate” … the SN may provide the estimated data rate achievable with the chosen MCG and SCG configuration to the MN. The MN can compare the estimated data rate achievable with the chosen MCG and SCG configuration to the MCG data rate achievable when not configuring the SCG), identify a band combination from among the at least one band combination, based on the first data rate information and second data rate information on a data rate of a secondary cell group (SCG) (Fig. 2A, [0139]: Step C (which is shown as steps C-1 and C-2 in FIG. 2A): the SN may evaluate which band combination and feature set is the best for both MCG and SCG in terms of total MR-DC CA throughput, where SCG CA throughput evaluation may be performed based on the UE MR-DC capability and (secondary) node configuration. [0140]: Step D: the SN may select the band combination and feature set (e.g., indicated by a parameter such as selectedBandCombination) that is the highest rated one. [0134]: the SN may select a MR-DC band combination and feature set that has the highest achievable total throughput of MCG and SCG, e.g., a sort of white-box selection in terms of “data rate” … the SN may provide the estimated data rate achievable with the chosen MCG and SCG configuration to the MN. The MN can compare the estimated data rate achievable with the chosen MCG and SCG configuration to the MCG data rate achievable when not configuring the SCG), and transmit a response message including information indicating the identified band combination to the MN (Fig. 2A: SgNB Addition Request Acknowledge, SgNB Modification Request Acknowledge, SN Addition Request Acknowledge, SN Modification Request Acknowledge. [0140]: Step D: the SN may select the band combination and feature set (e.g., indicated by a parameter such as selectedBandCombination) that is the highest rated one and signal it back to the MN with total achievable MR-DC CA throughput [Mbps] (e.g., in a new IE). [0134]: the SN may select a MR-DC band combination and feature set that has the highest achievable total throughput of MCG and SCG, e.g., a sort of white-box selection in terms of “data rate” … the SN may provide the estimated data rate achievable with the chosen MCG and SCG configuration to the MN. The MN can compare the estimated data rate achievable with the chosen MCG and SCG configuration to the MCG data rate achievable when not configuring the SCG). Regarding claim(s) 2 and 12, Yang discloses all features of claim(s) 1 and 11 as outlined above. Yang discloses wherein, in order to identify the band combination from among the at least one band combination, the at least one processor is further configured to select a band combination in which a sum of the first data rate and the second data rate is the highest from among the at least one band combination ([0140]: Step D: the SN may select the band combination and feature set (e.g., indicated by a parameter such as selectedBandCombination) that is the highest rated one and signal it back to the MN with total achievable MR-DC CA throughput [Mbps] (e.g., in a new IE). [0134]: the SN may select a MR-DC band combination and feature set that has the highest achievable total throughput of MCG and SCG, e.g., a sort of white-box selection in terms of “data rate” … the SN may provide the estimated data rate achievable with the chosen MCG and SCG configuration to the MN. The MN can compare the estimated data rate achievable with the chosen MCG and SCG configuration to the MCG data rate achievable when not configuring the SCG). Regarding claim(s) 3 and 13, Yang discloses all features of claim(s) 1 and 11 as outlined above. Yang discloses wherein the request message is received from the MN through radio resource control (RRC) signaling ([0100]: During the secondary node addition and secondary node modification procedures, as described in 3GPP TS 37.340 V16.3.0, the MR-DC band combination may be chosen in the SN in coordination with the list of allowed MR-DC band combinations and feature sets (also referred as allowedBC-ListMRDC, e.g., as described in 3GPP TS 38.331 V16.2.0, where the entire content of this technical specification is incorporated into the present disclosure by reference, which may be an IE in an inter-node RRC message) signaled by the MN. Fig. 2A: SgNB Addition Request, SgNB Modification Request, SN Addition Request, SN Modification Request. [0138]: Step B: the MN may signal a parameter such as allowedBC-ListMRDC together with achievable CA throughput [Mbps] (e.g., in a new IE) of MCG to the SN. [0134]: achievable CA throughput of the band combination and feature set may be contained in information elements (IEs) such as allowedBC-ListMRDC and selectedBandCombination. [0134]: for an inter-node RRC message between the MN and the SN, e.g., the inter-node RRC message as described in 3GPP 38.331 V16.2.0, a new field may be introduced or an existing field may be reused to carry additional information about the achievable CA throughput of the band combination and feature set), and wherein the SN uses new radio (NR) or long-term evolution (LTE) as a radio access technology (RAT), and the MN uses the NR or the LTE as the RAT (Fig. 2, [0135]: the signaling between an MN and an SN of all kinds of MR-DC configuration. [0090]: MR-DC is the general term given to a range of different dual connectivity configuration options, largely associated with 5G/NR. With MR-DC, the master radio access network (RAN) node may function as the controlling entity, utilizing a secondary RAN for additional data capacity). Regarding claims 6 and 16, Yang discloses A master node (MN) apparatus for multi-radio-dual connectivity (MR-DC) in a wireless communication system, the apparatus comprising and A method of operating a master node (MN) apparatus for multi-radio-dual connectivity (MR-DC) in a wireless communication system, the method comprising (Fig. 2A): a transceiver (Figs. 6A-6C and 8); and at least one processor operatively coupled to the transceiver (Figs. 6A-6C and 8), wherein the at least one processor is configured to (Figs. 6A-6C and 8): transmit a request message to a secondary node (SN), wherein the request message includes information indicating at least one band combination and first data rate information on a data rate of a master cell group (MCG) for each of the at least one band combination (Fig. 2A: SgNB Addition Request, SgNB Modification Request, SN Addition Request, SN Modification Request. [0138]: Step B: the MN may signal a parameter such as allowedBC-ListMRDC together with achievable CA throughput [Mbps] (e.g., in a new IE) of MCG to the SN. [0134]: achievable CA throughput of the band combination and feature set may be contained in information elements (IEs) such as allowedBC-ListMRDC and selectedBandCombination … the SN may select a MR-DC band combination and feature set that has the highest achievable total throughput of MCG and SCG, e.g., a sort of white-box selection in terms of “data rate” … the SN may provide the estimated data rate achievable with the chosen MCG and SCG configuration to the MN. The MN can compare the estimated data rate achievable with the chosen MCG and SCG configuration to the MCG data rate achievable when not configuring the SCG), and receive a response message including information indicating an identified band combination from the SN (Fig. 2A: SgNB Addition Request Acknowledge, SgNB Modification Request Acknowledge, SN Addition Request Acknowledge, SN Modification Request Acknowledge. [0140]: Step D: the SN may select the band combination and feature set (e.g., indicated by a parameter such as selectedBandCombination) that is the highest rated one and signal it back to the MN with total achievable MR-DC CA throughput [Mbps] (e.g., in a new IE). [0134]: the SN may select a MR-DC band combination and feature set that has the highest achievable total throughput of MCG and SCG, e.g., a sort of white-box selection in terms of “data rate” … the SN may provide the estimated data rate achievable with the chosen MCG and SCG configuration to the MN), and wherein the band combination is identified among the at least one band combination, based on the first data rate information and second data rate information on a data rate of a secondary cell group (SCG) ([0140]: Step D: the SN may select the band combination and feature set (e.g., indicated by a parameter such as selectedBandCombination) that is the highest rated one and signal it back to the MN with total achievable MR-DC CA throughput [Mbps] (e.g., in a new IE). [0134]: the SN may select a MR-DC band combination and feature set that has the highest achievable total throughput of MCG and SCG, e.g., a sort of white-box selection in terms of “data rate” … the SN may provide the estimated data rate achievable with the chosen MCG and SCG configuration to the MN. The MN can compare the estimated data rate achievable with the chosen MCG and SCG configuration to the MCG data rate achievable when not configuring the SCG). Regarding claim(s) 7 and 17, Yang discloses all features of claim(s) 6 and 16 as outlined above. Yang discloses wherein a band combination in which a sum of the first data rate and the second data rate is the highest from among the at least one band combination is selected as the band combination ([0140]: Step D: the SN may select the band combination and feature set (e.g., indicated by a parameter such as selectedBandCombination) that is the highest rated one and signal it back to the MN with total achievable MR-DC CA throughput [Mbps] (e.g., in a new IE). [0134]: the SN may select a MR-DC band combination and feature set that has the highest achievable total throughput of MCG and SCG, e.g., a sort of white-box selection in terms of “data rate” … the SN may provide the estimated data rate achievable with the chosen MCG and SCG configuration to the MN. The MN can compare the estimated data rate achievable with the chosen MCG and SCG configuration to the MCG data rate achievable when not configuring the SCG). Regarding claim(s) 8 and 18, Yang discloses all features of claim(s) 6 and 16 as outlined above. Yang discloses wherein the request message is transmitted from the SN through radio resource control (RRC) signaling ([0100]: During the secondary node addition and secondary node modification procedures, as described in 3GPP TS 37.340 V16.3.0, the MR-DC band combination may be chosen in the SN in coordination with the list of allowed MR-DC band combinations and feature sets (also referred as allowedBC-ListMRDC, e.g., as described in 3GPP TS 38.331 V16.2.0, where the entire content of this technical specification is incorporated into the present disclosure by reference, which may be an IE in an inter-node RRC message) signaled by the MN. Fig. 2A: SgNB Addition Request, SgNB Modification Request, SN Addition Request, SN Modification Request. [0138]: Step B: the MN may signal a parameter such as allowedBC-ListMRDC together with achievable CA throughput [Mbps] (e.g., in a new IE) of MCG to the SN. [0134]: achievable CA throughput of the band combination and feature set may be contained in information elements (IEs) such as allowedBC-ListMRDC and selectedBandCombination. [0134]: for an inter-node RRC message between the MN and the SN, e.g., the inter-node RRC message as described in 3GPP 38.331 V16.2.0, a new field may be introduced or an existing field may be reused to carry additional information about the achievable CA throughput of the band combination and feature set), and wherein the SN uses new radio (NR) or long-term evolution (LTE) as a radio access technology (RAT), and the MN uses the NR or the LTE as the RAT (Fig. 2, [0135]: the signaling between an MN and an SN of all kinds of MR-DC configuration. [0090]: MR-DC is the general term given to a range of different dual connectivity configuration options, largely associated with 5G/NR. With MR-DC, the master radio access network (RAN) node may function as the controlling entity, utilizing a secondary RAN for additional data capacity). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THE HY NGUYEN whose telephone number is (571)270-3813. The examiner can normally be reached on Mo-Fr: 8am-4pm. 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, Joseph Avellino, can be reached on (571) 272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THE HY NGUYEN/Primary Examiner, Art Unit 2478 TheHy.Nguyen@USPTO.gov
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Prosecution Timeline

Sep 07, 2023
Application Filed
Apr 06, 2026
Non-Final Rejection — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+33.2%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 312 resolved cases by this examiner. Grant probability derived from career allow rate.

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