Prosecution Insights
Last updated: April 19, 2026
Application No. 18/516,674

TERMINAL APPARATUS THAT EXECUTES CELL SELECTION IN ACCORDANCE WITH FREQUENCY BAND PRIORITY, CONTROL METHOD FOR SAME, AND COMPUTER-READABLE STORAGE MEDIUM

Final Rejection §102§112
Filed
Nov 21, 2023
Examiner
ELNOUBI, SAID M
Art Unit
2644
Tech Center
2600 — Communications
Assignee
Kddi Corporation
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
2y 4m
To Grant
95%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
298 granted / 408 resolved
+11.0% vs TC avg
Strong +22% interview lift
Without
With
+22.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
30 currently pending
Career history
438
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
57.8%
+17.8% vs TC avg
§102
17.9%
-22.1% vs TC avg
§112
15.8%
-24.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 408 resolved cases

Office Action

§102 §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 . Response to Arguments Applicant's arguments filed 10/27/2025 have been fully considered but they are not persuasive. Applicant argues, on page 8 third paragraph, that in Lee, if a first priority is present, the second priority is not present, and if the second priority is present, the first priority is not present, then the applicant concludes that Lee's plurality of priority values do not satisfy "first information indicating a plurality of first priorities respectively for each of a plurality of frequency bands and second information indicating a plurality of second priorities for each of the plurality of frequency bands, wherein the second priority is different from the first priority for each of the plurality of frequency bands". The examiner respectfully disagrees. The claim requires acquiring the first information and the second information but does not require acquiring the two pieces of information simultaneously. In fact, the specification discloses acquiring the first information in [0024] and then changing the first priority to a second priority in [0025]-[0036] based on executing a function in the band. Lee teaches receiving first priorities information for frequency bands and changing the first priorities to a second priorities based on executing a function . Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 2-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 2 recites “acquiring, from a base station apparatus, first information indicating a plurality of first priorities respectively for each of a plurality of frequency bands and second information indicating a plurality of second priorities for each of the plurality of frequency bands”. The underlined limitation is not supported in the original specification. Paragraph [0024] of the specification discloses the base station sending the first information. Subsequent paragraphs disclose the base station sends a second information indicating whether a function can be executed in a predetermined band and the terminal may change the band priority to a second priority. However, the specification does not disclose receiving the second priorities from the base station. Claim Rejections - 35 USC § 102 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. Claims 2-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (AU2019312061 A1) . Regarding claim 2, Lee et al. teach A terminal apparatus (Electronic Device 101 in Fig. 1) that executes selection of a connection target cell ([058] an operation of selection a cell) from among a plurality of cells formed by one or more base station apparatuses ([230] FIG. 17 describes a cell reselection procedure, according to an embodiment. The number of cells or the shape of a cell may not be limited to the exemplification illustrated in FIG. 17), comprising: one or more processors (processor 120 in Fig. 1); and one or more memories (memory 130 in Fig. 1) that store a computer-readable instruction for causing, when executed by the one or more processors ([62] The memory 130 may store various data used by at least one component (e.g., the processor 120 or the sensor module 176) of the electronic device 101. The various data may include, for example, software (e.g., the program 140), the one or more processors to perform a method comprising: acquiring, from a base station apparatus, first information indicating a plurality of first priorities respectively for each of a plurality of frequency bands ([235] the electronic device 101 receives priority information about frequencies used for a plurality of base stations (or cells), via the system information, Fig. 20 showing Cell on lower-priority frequency (2010) and cell on higher -priority frequency (2030), [266] When the channel QoS of a cell 2030 of a frequency with a high priority during channel measurement is higher than a specific third threshold value (e.g., ThreshXhigh) 2080, the electronic device 101 may reselect the cell of a frequency with a high priority as a serving cell) and second information indicating a plurality of second priorities for each of the plurality of frequency bands , wherein the second priority is different from the first priority for each of the plurality of frequency bands ([266] When the QoS channel of the cell 2010 of a frequency with a low priority is higher than the specific fourth threshold value (e.g., ThreshX-low) 2040 and the QoS of the serving cell 2020 is lower than the specific fifth threshold value (e.g., ThreshServing-low) 2050, the electronic device 101 may reselect the cell 2010 of a frequency with a low priority as a serving cell, [261] When the electronic device 101 prefers the URLLC service by user settings or network settings, the electronic device 101 may identify a providable network slice type based on the network slice information of neighboring cells and may change priority information such that the priority of the second cell is higher than the priority of the first cell Note: The second priority is interpreted as any priority different from the first priority. Therefore, any change to the first priority is a second priority . The frequency 2010 had a first low priority received from the base station and a second different high priority during selection in [266]. Also, a changed priority of the second cell is considered a second priority ), and acquiring, from the base station apparatus, third information indicating whether the base station apparatus can execute a predetermined function in one or more of predetermined frequency bands from among the plurality of frequency bands (Fig. 19 step 1905, [254]-[255] the electronic device 101 identifies network capability information. For example, the network capability information may be included in the SIB. The network capability information may further include information about a neighboring cell in addition to information described in FIG. 4a... The information about a neighboring cell may further include network slice information of the neighboring cell. For example, the network slice information of the information about a neighboring cell may indicate a service, which the neighboring cell is capable of providing, from among eMBB, URLLC, and mMTC service) ; and executing selection of a connection destination cell , on the basis of the third information and the predetermined function that can be executed by the terminal apparatus ([260] the electronic device changes the priority information about the network service type or the priority information about a frequency (or cell), based on the network slice information) according to the first priority corresponding to the predetermined frequency band when the base station apparatus and the terminal apparatus can execute the predetermined function in the predetermined frequency band ([261] When the serving cell in which the electronic device 101 is positioned is capable of providing the URLLC service, the electronic device 101 may prefer a cell capable of providing the URLLC service ), and according to the second priority when the base station apparatus or the terminal apparatus cannot execute the predetermined function in the predetermined frequency band ([261] the first cell may provide the eMBB service and the second cell may provide the eMBB and URLLC services. When the electronic device 101 prefers the URLLC service by user settings or network settings, the electronic device 101 may identify a providable network slice type based on the network slice information of neighboring cells and may change priority information such that the priority of the second cell is higher than the priority of the first cell). Regarding claim 3, Lee et al. teach The terminal apparatus according to claim 2, wherein the control method further comprises acquiring the third information from the one or more base station apparatuses ([255] the electronic device 101 receives priority information about frequencies used for a plurality of base stations). Regarding claim 4, Lee et al. teach The terminal apparatus according to claim 2, wherein the predetermined function is a narrowband communication function ([137] The type of network service received by the electronic device 101 may include at least one of eMBB, URLLC, or mMTC, [255 the neighboring cell is capable of providing, from among eMBB, URLLC, and mMTC service). Regarding claim 5, Lee et al. teach The terminal apparatus according to claim 2, wherein the predetermined function is an early measurement report function ([265] frequency priority information may affect the measurement of the specific frequency of the electronic device 101).. Regarding claim 6, Lee et al. teach The terminal apparatus according to claim 2, wherein the predetermined function is a function for implementing a network slice ([0255] The information about a neighboring cell may further include network slice information of the neighboring cell)identified by Single Network Slice Selection Assistance Information (S-NSSAI) ([0143] The electronic device 101 may determine the network slice instance or the type of network service, based at least partly on network slice information (e.g., network slice selection assistance information (NSSAI))), Slice/Service type (SST), or Slice Differentiator (SD). Regarding claims 7 and 8, each is rejected similar to claim 1 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 SAID M ELNOUBI whose telephone number is (571)272-9732. The examiner can normally be reached Monday-Friday 9:30AM to 6:00PM ET. 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, Kathy Wang-Hurst can be reached at 571-270-5371. 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. /SAID M ELNOUBI/Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Nov 21, 2023
Application Filed
Jul 23, 2025
Non-Final Rejection — §102, §112
Oct 27, 2025
Response Filed
Nov 13, 2025
Final Rejection — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
95%
With Interview (+22.3%)
2y 4m
Median Time to Grant
Moderate
PTA Risk
Based on 408 resolved cases by this examiner. Grant probability derived from career allow rate.

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