Prosecution Insights
Last updated: May 29, 2026
Application No. 18/515,888

COMMUNICATION APPARATUS, AND COMMUNICATION METHOD

Final Rejection §102§103
Filed
Nov 21, 2023
Priority
May 25, 2021 — JP 2021-087603 +1 more
Examiner
KIM, ANDREW CHANUL
Art Unit
2471
Tech Center
2400 — Computer Networks
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
2 (Final)
35%
Grant Probability
At Risk
3-4
OA Rounds
8m
Est. Remaining
26%
With Interview

Examiner Intelligence

Grants only 35% of cases
35%
Career Allowance Rate
9 granted / 26 resolved
-23.4% vs TC avg
Minimal -8% lift
Without
With
+-8.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
35 currently pending
Career history
93
Total Applications
across all art units

Statute-Specific Performance

§103
96.5%
+56.5% vs TC avg
§102
3.5%
-36.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 26 resolved cases

Office Action

§102 §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 . Response to Amendment This is in response to an amendment/response filed 3/9/2026. Claims 2, 4, 5, and 7 have been cancelled. Claims 1, 3, 6, and 8 are now pending. Applicant’s amendments to the claims have overcome the 35 U.S.C. 112(a) rejection previously set forth in the Non-Final Office Action mailed 12/8/2025. Response to Arguments Applicant's arguments filed 3/9/2026 have been fully considered but they are not persuasive. On page 6-9 of the remarks, in regard to the amended independent claim(s), the Applicant disagrees with the rejection under 35 U.S.C. 102(a)(1) as being anticipated by Jung US 20240188174 (hereinafter “Jung”). Specifically, the Applicant remarks: Jung fails to teach "start, based on transmitting the second information, a timer of the timer value configured based on the first information" Jung fails to teach or suggest the recited feature of stopping the timer based on receiving information used for stopping the timer from the base station The Examiner respectfully disagrees. Regarding (1), in [0223], Jung mentions that the UE transmits "UE capability information indicating information (e.g. a preferred RRC state) necessary for leaving an RRC connection mode…" which maps to "second information" and after the UE sends this information, the UE starts the timer (as mentioned in 1g-31). As mentioned in [0225], the timer value is configured through the configuration information sent by the network which maps to "first information" Regarding (2), Jung clearly teaches stopping the timer based on "receiving the RRC connection release message" as mentioned in [0238]. This maps to "receiving an RRC release message from the base station" and "receiving information used for stopping the timer". It's not clear, just based on the claim language alone, how "receiving an RRC release message" and "receiving information" are different. "Receiving information" is simply a broader way to describe "receiving an RRC release message". On page 9 of the remarks, in regard to the dependent claims, the Applicant states that the claims are allowable at least due to the deficiencies of the ground of rejection applied to the independent claims. The Examiner respectfully disagrees. The Examiner kindly refer the Applicant to the reasoning pertaining to the independent claims, detailed above. 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. Claim(s) 1, 3, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung US 20240188174 (hereinafter “Jung”). As to claim 1 and 6 (claim 6 is the method claim for the apparatus in claim 1): Jung discloses: A communication apparatus configured to communicate with a plurality of networks including a first network and a second network by using a plurality of subscriber identity modules, (FIG 1F-1L show multiple networks and UE with multiple SIMs, Jung) the communication apparatus comprising: a receiver configured to receive, from a base station of the first network, a radio resource control (RRC) reconfiguration message including first information configuring a timer value for controlling a transition to an RRC idle state; (“In operation 1g-20, the NW1 1g-04 may configure the USIM 1 UE 1g-02 with long-time switching configuration information via a preset RRC message or an NAS message. For example, the preset RRC message may indicate an RRCReconfiguration message including otherConfig. The long-time switching configuration information may include at least one of the followings. [0226] An indicator or an information element indicating, by the NW1 1g-04, whether the USIM 1 UE 1g-02 can perform an LTS procedure [0227] A new timer value started by the USIM 1 UE 1g-02 to transition to an RRC idle mode without a response from the NW1. The NW1 1g-04 may set the timer value to be smaller than or equal to or smaller than existing dataInactivity Timer. After the USIM 1 UE 1g-02 starts a new timer with the timer value, when the USIM 1 UE 1g-02 does not receive a preset response message (RRCRelease, RRCReconfiguration, MobilityFromNRCommand, MAC CE, downlink control information (DCI)) from the NW1 1g-04 until the new timer expires, the USIM 1 UE 1g-02 may transition to an RRC idle mode when the timer expires.”, Jung [0225]) a transmitter configured to transmit, to the base station of the first network, second information used for indicating an RRC state in a case of leaving an RRC connected state, the second information including information indicating the RRC idle state or information indicating an RRC inactive state; (“In operation 1g-15, the USIM 1 UE 1g-02 may transmit a UE capability information message (UECapabilityInformation) to the NW1 1g-04. The UE capability information message may include an indicator or an information element indicating that the USIM 1 UE 1g-02 supports multiple USIMs. Alternatively, the UE capability information message may include an indicator indicating that the USIM 1 UE 1g-02 prefers to leave an RRC connection mode with respect to the NW1 1g-04 (preference to leave RRC_CONNECTED) or UE capability information indicating information (e.g., a preferred RRC state) necessary for leaving an RRC connection mode can be transmitted for the USIM 2 UE 1g-03 to configure/resume RRC connection to the NW2 1g-05 so as transmit and receive data during a long time or a unpredictable time.”, Jung [0223]) (“In operation 1g-35, the USIM 1 UE 1g-02 may transmit, to the NW1 1g-04, an RRC message or a NAS message including information indicating, for the USIM 2 UE 1g-03. preference to release an RRC connection mode with respect to the NW1 1g-04. The preset RRC message may indicate UEAssistanceInformation, a new RRC message, or the like, and the preset NAS message may indicate Registration Request, a Service Request message, ULInformationTransfer, or the like. The information indicating preference to release the RRC connection mode may indicate at least one of an indicator indicating preference to leave the RRC connection mode, a preferred RRC state (RRC_IDLE or RRC_INACTIVE or preference to RRC_CONNECTED), and paging restriction information.”, Jung [0232]) (“In operation 1h-15, the USIM 1 UE 1h-02 may transmit a UE capability information message (UECapabilityInformation) to the NW1 1h-04. The UE capability information message may include an indicator or an information element indicating that the USIM 1 UE 1h-02 supports multiple USIMs. Alternatively, the UE capability information message may include an indicator indicating that the USIM 1 UE 1h-02 prefers to leave an RRC connection mode with respect to the NW1 1h-04 (preference to leave RRC_CONNECTED) or UE capability information indicating information (e.g., a preferred RRC state) necessary for leaving an RRC connection mode can be transmitted for the USIM 2 UE 1h-03 to configure/resume RRC connection to the NW2 1h-05 so as transmit and receive data during a long time or a unpredictable time.”, Jung [0247]) (Examiner’s Note: UE provides capability information that includes preferred RRC state for leaving RRC connection mode which can be RRC_IDLE or RRC_INACTIVE) and a controller configured to; start, based on transmitting the second information, a timer of the timer value configured based on the first information; (“In operation 1g-31, the USIM 1 UE 1g-02 may start or restart a new timer Txxx with a new timer value started by the USIM 1 UE 1g-02 to transition to an RRC idle mode without a response from the NW1 1g-04 described above in operation 1g-20, and in operation 1g-35, the USIM 1 UE 1g-02 may transmit the preset RRC message, the NAS message, or the MAC CE to the NW1 1g-04.”, Jung [0234]) perform the transition to the RRC idle state, in a case where the second information including the information indicating the RRC idle state is transmitted to the base station of the first network and the timer of the timer value expires; (“The information indicating preference to release the RRC connection mode may indicate at least one of an indicator indicating preference to leave the RRC connection mode, a preferred RRC state (RRC_IDLE or RRC_INACTIVE or preference to RRC_CONNECTED), and paging restriction information.”, Jung [0232]) (“If the new timer Txxx expires as the new timer Txxx is not stopped, the USIM 1 UE 1g-02 transitioned to an RRC idle mode or an RRC inactive mode may have to re-perform an operation to unnecessarily transition to RRC_IDLE (UE actions upon going to RRC_IDLE, section 5.3.11 in TS 38.331). In addition, in a case where the USIM 1 UE 1g-02 has to transition to an RRC idle mode according to the RRC connection release message, in operation 1g-41, the USIM 1 UE may release long-time switching configuration information configured in operation 1g-20.”, Jung [0239]) (Examiner’s Note: if the timer expires, the UE transitions to preferred RRC state which can be RRC_IDLE or RRC_INACTIVE) perform the transition to the RRC idle state, in a case where the second information including the information indicating the RRC inactive state is transmitted to the base station of the first network and the timer of the timer value expires; (“The information indicating preference to release the RRC connection mode may indicate at least one of an indicator indicating preference to leave the RRC connection mode, a preferred RRC state (RRC_IDLE or RRC_INACTIVE or preference to RRC_CONNECTED), and paging restriction information.”, Jung [0232]) (“If the new timer Txxx expires as the new timer Txxx is not stopped, the USIM 1 UE 1g-02 transitioned to an RRC idle mode or an RRC inactive mode may have to re-perform an operation to unnecessarily transition to RRC_IDLE (UE actions upon going to RRC_IDLE, section 5.3.11 in TS 38.331). In addition, in a case where the USIM 1 UE 1g-02 has to transition to an RRC idle mode according to the RRC connection release message, in operation 1g-41, the USIM 1 UE may release long-time switching configuration information configured in operation 1g-20.”, Jung [0239]) (Examiner’s Note: if the timer expires, the UE transitions to preferred RRC state which can be RRC_IDLE or RRC_INACTIVE) stop the timer of the timer value based on receiving an RRC release message from the base station of the first network; and stop the timer of the timer value based on receiving information used for stopping the timer of the timer value from the base station of the first network; (“The present disclosure may propose the USIM 1 UE 1g-02 to stop the new timer Txxx started in operation 1g-31, when receiving the RRC connection release message. For example, in operation 1g-41, the USIM 1 UE 1g-02 may stop the new timer Txxx.”, Jung [0238]) wherein the transition to the RRC idle state is performed in a case where the RRC release message or the information used for stopping the timer of the timer value is not received.(“After the USIM 1 UE 1g-02 starts a new timer with the timer value, when the USIM 1 UE 1g-02 does not receive a preset response message (RRCRelease, RRCReconfiguration, MobilityFromNRCommand, MAC CE, downlink control information (DCI)) from the NW1 1g-04 until the new timer expires, the USIM 1 UE 1g-02 may transition to an RRC idle mode when the timer expires.”, Jung [0225]) Claim Rejections - 35 USC § 103 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 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. Claim(s) 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jung, as applied to claim 1 above, and further in view of Xiao et al. WO 2022194194 (hereinafter “Xiao”) As to claim 3 and 8 (claim 8 is the method claim for the apparatus in claim 3): Jung as described above does not explicitly teach: The communication apparatus according to claim 1, wherein the controller includes an RRC processor and a Non-Access Stratum (NAS) processor, and the RRC processor is configured to notify the NAS processor of that the transition to the RRC idle state is performed. However, Xiao further teaches notifying NAS processor which includes: The communication apparatus according to claim 1, wherein the controller includes an RRC processor and a Non-Access Stratum (NAS) processor, and the RRC processor is configured to notify the NAS processor of that the transition to the RRC idle state is performed. (“In the above process, when the first timer expires, the UE (ie, the RRC layer/entity of the UE) performs an operation (ie, a process) of entering the RRC idle state or entering the RRC inactive state. If the UE performs the operation of entering the RRC idle state when the first timer expires, the UE needs to indicate the upper layer (eg, the NAS layer) the reason for releasing the current RRC connection (release cause).”, Xiao [page 7, line 44]) Xiao and Jung are analogous because they pertain to multi-SIM operation. Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include notifying NAS processor as described in Xiao into Jung. By modifying the method to include notifying NAS processor as taught by Xiao, the benefits of improved multi-SIM operation (Xiao [page 7, line 44] and Jung [0225]) are achieved. Conclusion 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW C KIM whose telephone number is (703)756-5607. The examiner can normally be reached M-F 9AM - 5PM (PST). 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, Sujoy K Kundu can be reached at (571) 272-8586. 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. /A.C.K./ Examiner Art Unit 2471 /SUJOY K KUNDU/Supervisory Patent Examiner, Art Unit 2471
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Prosecution Timeline

Nov 21, 2023
Application Filed
Dec 08, 2025
Non-Final Rejection mailed — §102, §103
Mar 09, 2026
Response Filed
Apr 23, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
35%
Grant Probability
26%
With Interview (-8.3%)
3y 3m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 26 resolved cases by this examiner. Grant probability derived from career allowance rate.

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