Prosecution Insights
Last updated: April 19, 2026
Application No. 18/523,883

IMPROVING USER EXPERIENCE IN MULTI-FREQUENCY LAYER DEPLOYMENTS USING FREQUENCY BAND COMBINATION PRIORITY VALUE

Non-Final OA §102
Filed
Nov 30, 2023
Examiner
PATEL, NIMESH
Art Unit
2642
Tech Center
2600 — Communications
Assignee
Rakuten Symphony Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
717 granted / 850 resolved
+22.4% vs TC avg
Strong +17% interview lift
Without
With
+17.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
22 currently pending
Career history
872
Total Applications
across all art units

Statute-Specific Performance

§101
8.0%
-32.0% vs TC avg
§103
49.1%
+9.1% vs TC avg
§102
17.3%
-22.7% vs TC avg
§112
11.9%
-28.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 850 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 . 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 – 3, 6, 7, 10 – 13, 16, 17 and 20 are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by Metwaly US PGPub: US 2025/0081014 A1 Mar. 6, 2025. Regarding claim 1, Metwaly discloses, s system for improving user experience in multi-frequency layer deployments (measurement gaps may be configured for XR devices - e.g., UEs to operate in a multi-frequency cellular network. During a measurement gap a XR device may perform measurements on a cell of a different frequency – paragraphs 0044, 0097. The XR devices - e.g., the UE 115-a may be within a multi-frequency cellular network. To enable the UE 115-a to be within the multi-frequency cellular network, the network entity 105-a may configure the UE 115-a with a set of radio resource management RRM measurement gaps 245 - e.g., a measurement gap 245-a, a measurement gap 245-b, and a measurement gap 245-c – Figs. 2/115-a, 4, 9/905, 10/1005, 11/1120, 14, 15, paragraph 0103. The wireless communications system 100 may operate using one or more frequency bands, which may be in the range of 300 megahertz MHz to 300 gigahertz GHz – paragraphs 0085, 0087), wherein the system is configured to: receive one or more User Equipment UE band capabilities from a UE (transmitting, to the serving network entity, a capability message indicating a capability to predict signal quality measurements using the perception information sensed by the UE – Figs. 4/405, 14/1405, 11/1135, paragraphs 0134, 0216, 0193); determine a set of frequency band combinations for the UE based on the one or more UE band capabilities, wherein each frequency band combination of the set of frequency band combinations includes a group of frequency bands (the UE 115-c may receive the control signaling based on transmitting the capability message to the network entity 105-e at 405. Receiving, from a serving network entity, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE, where the control signaling is based on the capability message – Figs. 4/410, 14/1410, paragraphs 0134, 0135, 0217), and a frequency band combination priority value for the group of frequency bands (a MAC layer may perform priority handling and multiplexing of logical channels into transport channels – paragraph 0095. The UE 115 may refrain from having to prioritize a measurement gap over data transmissions, thus ensuring a decrease in delay of data transmissions – paragraph 0099. The UE 115-a may be configured such that the measurements gaps 245 may have a higher priority than data traffic - e.g., PDSCH, PUSCH. In some cases, a random access procedure may have a higher priority than both data traffic and measurement gaps 245 – Fig. 2, paragraphs 0107, 0109); identify one or more frequency band combinations from the set of frequency band combinations based on a current frequency band of the UE and the frequency band combination priority value of each of the set of frequency band combinations (the UE 115-c may receive the control signaling based on transmitting the capability message to the network entity 105-e at 405. Receiving, from a serving network entity, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE, where the control signaling is based on the capability message – Figs. 4/410, 14/1410, paragraphs 0134, 0135, 0217); configure the UE to perform frequency measurements for a plurality of frequency bands based on the one or more identified frequency band combinations (the UE 115-a may be configured such that the measurements gaps 245 may have a higher priority than data traffic - e.g., PDSCH, PUSCH. In some cases, a random access procedure may have a higher priority than both data traffic and measurement gaps 245 – Fig. 2, paragraphs 0107, 0109. The UE 115-c may receive, from the network entity 105-e, control signaling instructing the UE 115-c to predict a signal quality measurement of a neighbor network entity using the perception information sensed by the UE 115-c – Fig. 4/415, paragraph 0135); and dynamically facilitate latching of the UE to at least one frequency band of the plurality of frequency bands based on the frequency measurements of the plurality of frequency bands (the UE 115-c may receive the control signaling based on transmitting the capability message to the network entity 105-e at 405. Receiving, from a serving network entity, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE, where the control signaling is based on the capability message – Figs. 4/410, 14/1410, paragraphs 0134, 0135, 0217. The control signaling transmitter 1125 is capable of, configured to, or operable to support a means for transmitting, to a UE, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE – Fig. 11/1125, paragraph 0192). Regarding claim 2, Metwaly discloses, the system as claimed in claim 1, wherein the system is further configured to identify one or more frequency band combinations from the set of frequency band combinations by: identifying the at least one frequency band from the plurality of frequency bands based on a frequency band priority value associated with each of the plurality of frequency bands, wherein the plurality of frequency bands are associated with the one or more identified frequency band combinations. (a wireless communications resource may refer to a combination of an RF spectrum resource, a time resource, and a spatial resource (e.g., a spatial layer, a beam), and the use of multiple spatial resources may increase the data rate or data integrity for communications with a UE 115 – paragraph 0068). Regarding claim 3, Metwaly discloses, the system as claimed in claim 2, wherein each of the one or identified more frequency band combinations have at least one frequency band with a higher frequency band priority value than the current frequency band (the measurement gap having a higher priority than normal data traffic – e.g., PCSCH, PUSCH. In some cases, a random access procedure may have a higher priority than both data traffic and measurement gaps 245. the priority levels of the UE 115-a may be configured such that a PUSCH for Msg3/MsgA or a PDCCH for Msg2/Msg4/MsgB may have the highest level of priority – paragraph 0107). Regarding claim 6, Metwaly discloses, the system as claimed in claim 1, wherein the system is configured to configure the UE to perform frequency measurements for a plurality of frequency bands by: configuring the UE to perform at least one of: a carrier aggregation measurement (the wireless communications system 100 may support communication with a UE 115 using carrier aggregation or multi-carrier operation. A UE 115 may be configured with multiple downlink component carriers and one or more uplink component carriers according to a carrier aggregation configuration. Carrier aggregation may be used with both frequency division duplexing FDD and time division duplexing TDD component carriers – paragraph 0067) and E-UTRAN New Radio - Dual Connectivity ENDC measurement for each frequency band of the plurality of frequency bands. Regarding claim 7, Metwaly discloses, the system as claimed in claim 6, wherein the system is further configured to: receive frequency measurement of the at least one frequency band from the UE (the UE 115-c may transmit, to the network entity 105-e, a measurement report indicating the signal quality measurement prediction for the network entity 105-f based on the control signaling received at 415 and the perception information sensed by the UE 115-c - Figs. 4/430, 14/1415, paragraphs 0140, 0218); and facilitate the UE to perform one of: a secondary cell addition (to support predicting the signal quality measurements of the network entity 105-d may create spatial maps for the signal quality (e.g., RSRP, reference signal received quality RSRQ, or any other signal quality metric, based on a geo-location of the UE 115-b within an environment) of different cells - e.g., primary cells and secondary cells supported by different network entities 105 - e.g., the network entity 105-d – paragraph 0120), and a secondary node addition, of the at least one frequency band with the current frequency band. Regarding claim 10, Metwaly discloses, the system as claimed in claim 1, wherein the frequency band combination priority value of the group of frequency bands and a frequency band priority value for each frequency band are determined based on throughput (HARQ may improve throughput at the MAC layer in poor radio conditions - e.g., low signal-to-noise conditions – paragraphs 0096, 0100, 0108), and bandwidth (A carrier may be associated with a particular bandwidth of the RF spectrum and, in some examples, the carrier bandwidth may be referred to as a “system bandwidth” of the carrier or the wireless communications system 100. For example, the carrier bandwidth may be one of a set of bandwidths for carriers of a particular radio access technology - e.g., 1.4, 3, 5, 10, 15, 20, 40, or 80 megahertz MHz. The wireless communications system 100 may include network entities 105 or UEs 115 that support concurrent communications using carriers associated with multiple carrier bandwidths. In some examples, each served UE 115 may be configured for operating using portions - e.g., a sub-band, a BWP or all of a carrier bandwidth – paragraph 0067). Regarding claim 11, Metwaly discloses, a method (measurement gaps may be configured for XR devices - e.g., UEs to operate in a multi-frequency cellular network. During a measurement gap a XR device may perform measurements on a cell of a different frequency – paragraphs 0044, 0097. The XR devices - e.g., the UE 115-a may be within a multi-frequency cellular network. To enable the UE 115-a to be within the multi-frequency cellular network, the network entity 105-a may configure the UE 115-a with a set of radio resource management RRM measurement gaps 245 - e.g., a measurement gap 245-a, a measurement gap 245-b, and a measurement gap 245-c – Figs. 2/115-a, 4, 9/905, 10/1005, 11/1120, 14, 15, paragraph 0103. The wireless communications system 100 may operate using one or more frequency bands, which may be in the range of 300 megahertz MHz to 300 gigahertz GHz – paragraphs 0085, 0087), comprising: receiving, by a processor (the device 1205 may be an example of or include the components of a device 905, a device 1005, or a network entity 105. The device 1205 having at least one processor 1235 - Fig. 12/1235, paragraph 0203), one or more User Equipment UE band capabilities from a UE (transmitting, to the serving network entity, a capability message indicating a capability to predict signal quality measurements using the perception information sensed by the UE – Figs. 4/405, 14/1405, 11/1135, paragraphs 0134, 0216, 0193); determining, by the processor, a set of frequency band combinations for the UE based on the one or more UE band capabilities, wherein each frequency band combination of the set of frequency band combinations includes: a group of frequency bands (the UE 115-c may receive the control signaling based on transmitting the capability message to the network entity 105-e at 405. Receiving, from a serving network entity, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE, where the control signaling is based on the capability message – Figs. 4/410, 14/1410, paragraphs 0134, 0135, 0217), and a frequency band combination priority value for the group of frequency bands (a MAC layer may perform priority handling and multiplexing of logical channels into transport channels – paragraph 0095. The UE 115 may refrain from having to prioritize a measurement gap over data transmissions, thus ensuring a decrease in delay of data transmissions – paragraph 0099. The UE 115-a may be configured such that the measurements gaps 245 may have a higher priority than data traffic - e.g., PDSCH, PUSCH. In some cases, a random access procedure may have a higher priority than both data traffic and measurement gaps 245 – Fig. 2, paragraphs 0107, 0109); identifying, by the processor, one or more frequency band combinations from the set of frequency band combinations based on a current frequency band of the UE, and the frequency band combination priority value of each of the set of frequency band combinations (the UE 115-c may receive the control signaling based on transmitting the capability message to the network entity 105-e at 405. Receiving, from a serving network entity, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE, where the control signaling is based on the capability message – Figs. 4/410, 14/1410, paragraphs 0134, 0135, 0217); configuring, by the processor, the UE to perform frequency measurements for a plurality of frequency bands based on the one or more identified frequency band combinations (the UE 115-a may be configured such that the measurements gaps 245 may have a higher priority than data traffic - e.g., PDSCH, PUSCH. In some cases, a random access procedure may have a higher priority than both data traffic and measurement gaps 245 – Fig. 2, paragraphs 0107, 0109. The UE 115-c may receive, from the network entity 105-e, control signaling instructing the UE 115-c to predict a signal quality measurement of a neighbor network entity using the perception information sensed by the UE 115-c – Fig. 4/415, paragraph 0135); and dynamically facilitate, by the processor, latching of the UE to at least one frequency band of the plurality of frequency bands based on the frequency measurements of the plurality of frequency bands (the UE 115-c may receive the control signaling based on transmitting the capability message to the network entity 105-e at 405. Receiving, from a serving network entity, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE, where the control signaling is based on the capability message – Figs. 4/410, 14/1410, paragraphs 0134, 0135, 0217. The control signaling transmitter 1125 is capable of, configured to, or operable to support a means for transmitting, to a UE, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE – Fig. 11/1125, paragraph 0192). Regarding claim 11, is similar to claim 2 above and is rejected on the same grounds. Regarding claim 12, is similar to claim 3 above and is rejected on the same grounds. Regarding claim 16, is similar to claim 6 above and is rejected on the same grounds. Regarding claim 17, is similar to claim 7 above and is rejected on the same grounds. Regarding claim 20, Metwaly discloses, a non-transitory computer-readable medium (memory 1225. The device 1205 may be an example of or include the components of a device 905, a device 1005, or a network entity 105 – Fig. 12/1225, paragraph 0203) storing computer-readable instructions (code 1230 – Fig. 12/1230, paragraph 0203) thereon, which when executed by a system causes the system to perform operations (measurement gaps may be configured for XR devices - e.g., UEs to operate in a multi-frequency cellular network. During a measurement gap a XR device may perform measurements on a cell of a different frequency – paragraphs 0044, 0097. The XR devices - e.g., the UE 115-a may be within a multi-frequency cellular network. To enable the UE 115-a to be within the multi-frequency cellular network, the network entity 105-a may configure the UE 115-a with a set of radio resource management RRM measurement gaps 245 - e.g., a measurement gap 245-a, a measurement gap 245-b, and a measurement gap 245-c – Figs. 2/115-a, 4, 9/905, 10/1005, 11/1120, 14, 15, paragraph 0103. The wireless communications system 100 may operate using one or more frequency bands, which may be in the range of 300 megahertz MHz to 300 gigahertz GHz – paragraphs 0085, 0087) comprising: receiving one or more User Equipment UE band capabilities from a UE (transmitting, to the serving network entity, a capability message indicating a capability to predict signal quality measurements using the perception information sensed by the UE – Figs. 4/405, 14/1405, 11/1135, paragraphs 0134, 0216, 0193); determining a set of frequency band combinations for the UE based on the one or more UE band capabilities, wherein each frequency band combination of the set of frequency band combinations includes a group of frequency bands (the UE 115-c may receive the control signaling based on transmitting the capability message to the network entity 105-e at 405. Receiving, from a serving network entity, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE, where the control signaling is based on the capability message – Figs. 4/410, 14/1410, paragraphs 0134, 0135, 0217), and a frequency band combination priority value for the group of frequency bands (a MAC layer may perform priority handling and multiplexing of logical channels into transport channels – paragraph 0095. The UE 115 may refrain from having to prioritize a measurement gap over data transmissions, thus ensuring a decrease in delay of data transmissions – paragraph 0099. The UE 115-a may be configured such that the measurements gaps 245 may have a higher priority than data traffic - e.g., PDSCH, PUSCH. In some cases, a random access procedure may have a higher priority than both data traffic and measurement gaps 245 – Fig. 2, paragraphs 0107, 0109); identifying one or more frequency band combinations from the set of frequency band combinations based on a current frequency band of the UE, and the frequency band combination priority value of each of the set of frequency band combinations (the UE 115-c may receive the control signaling based on transmitting the capability message to the network entity 105-e at 405. Receiving, from a serving network entity, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE, where the control signaling is based on the capability message – Figs. 4/410, 14/1410, paragraphs 0134, 0135, 0217); configuring the UE to perform frequency measurements for a plurality of frequency bands based on the one or more identified frequency band combinations (the UE 115-a may be configured such that the measurements gaps 245 may have a higher priority than data traffic - e.g., PDSCH, PUSCH. In some cases, a random access procedure may have a higher priority than both data traffic and measurement gaps 245 – Fig. 2, paragraphs 0107, 0109. The UE 115-c may receive, from the network entity 105-e, control signaling instructing the UE 115-c to predict a signal quality measurement of a neighbor network entity using the perception information sensed by the UE 115-c – Fig. 4/415, paragraph 0135); and dynamically facilitate latching of the UE to at least one frequency band of the plurality of frequency bands based on the frequency measurements of the plurality of frequency bands (the UE 115-c may receive the control signaling based on transmitting the capability message to the network entity 105-e at 405. Receiving, from a serving network entity, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE, where the control signaling is based on the capability message – Figs. 4/410, 14/1410, paragraphs 0134, 0135, 0217. The control signaling transmitter 1125 is capable of, configured to, or operable to support a means for transmitting, to a UE, control signaling instructing the UE to predict a signal quality measurement of a neighbor network entity using perception information sensed by the UE – Fig. 11/1125, paragraph 0192). Allowable Subject Matter Claims 4, 5, 8, 9, 14, 18, 8 and 19 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. The prior arts made of record and not relied upon are considered pertinent to applicants disclosure. Xu US PGPub: US 2024/0349354 A1 Oct. 17, 2024. An access network device sends resource information to a terminal device, where the resource information includes information about N uplink resources and information about M downlink resources, and N and M are integers greater than or equal to 2. The terminal device sends a random access request to the access network device using one of the N uplink resources (namely, a first resource). Correspondingly, the access network device may receive the random access request from the terminal device over the first resource, and may send a random access response to the terminal device using one of the M downlink resources (namely, a second resource). Dinan US PGPub: US 2018/0049073 A1 Feb. 15, 2018. A base station receives, from a wireless device, a message comprising a first sequence of a plurality of parameters. A first parameter in the first sequence indicates whether a V2X transmission configuration is supported in a first band combination. The first band combination may be in a second sequence of a plurality of band combinations associated with the wireless device. An index of the first parameter in the first sequence identifies the first band combination in the second sequence. A second message may be transmitted based on the message. The second message comprises configuration parameters of at least one cell for V2X communications. The at least one cell operates in one of the plurality of band combinations that supports the V2X transmission configuration. Anchan US PGPub: US 2018/0034736 A1 Feb. 1, 2018. Methods, systems, and devices for wireless communication are described that provide for scheduling different types of traffic within a data flow, and providing a different coverage enhancement (CE) levels for the different types of traffic. Lower priority traffic within the IP flow may be scheduled with a lower CE level and higher priority traffic within the data flow may be scheduled with a higher CE level. In some cases, the CE levels may be selected to allow for a delay budget that supports real-time communications, such as a voice over LTE (VoLTE) real-time voice communications for bandwidth limited devices or devices that are bandwidth unrestricted but having poor channel conditions. Stark US PGPub: US 2017/0295574 A1 Oct. 12, 2017. Enhanced frequency selection, where certain wireless communication systems that can use numerous frequencies but measure a smaller number of frequencies, may benefit from enhanced frequency selection. A method can include identifying a set of possible frequencies for measurement by a user equipment. The method can also include selecting a subset of frequencies from the possible frequencies based on parameters configured by an operator. The method can additionally include causing communication of the selection to the user equipment in a list. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIMESH PATEL whose telephone number is (571)270-1228. The examiner can normally be reached Monday thru Friday: 6:30 AM - 3:30 PM EST. 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, Rafael Perez-Gutierrez can be reached at 571-272-7915. 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. /NIMESH PATEL/Primary Examiner, Art Unit 2642
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Prosecution Timeline

Nov 30, 2023
Application Filed
Feb 20, 2026
Non-Final Rejection — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+17.0%)
2y 10m
Median Time to Grant
Low
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