Prosecution Insights
Last updated: April 18, 2026
Application No. 18/551,842

CAPABILITY OR SERVICE INDICATION OVER RANDOM ACCESS CHANNEL

Final Rejection §102§103
Filed
Sep 21, 2023
Examiner
AUNG, SAI
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
Qualcomm Incorporated
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
93%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
534 granted / 605 resolved
+30.3% vs TC avg
Minimal +5% lift
Without
With
+4.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
39 currently pending
Career history
644
Total Applications
across all art units

Statute-Specific Performance

§101
5.1%
-34.9% vs TC avg
§103
55.1%
+15.1% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 605 resolved cases

Office Action

§102 §103
DETAILED ACTION Claims status In response to the application filed on 12/30/2025, claims 1-30 are currently pending for the examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Notice of Pre-AIA or AIA Status 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. 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 1-7, 9-15, 17-22, 24-28, and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nam et al. (US 2019/0268060 A1 as published on 08/29/2019). Regarding claim 1; Nam teaches an apparatus for wireless communication, comprising: one memory; and one processor coupled to the memory, the processor capable of being configured to cause the apparatus to: transmit, to a network entity in a random access channel (RACH) message of (See Fig. 12: generating a message comprising a RACH preamble. ¶ [0103]) a RACH procedure (See Fig. 9: FIG. 9 is a timing diagram 900 illustrating an example four-step RACH procedure. ¶ [0084-0085]), an indication of at least one of a capability of the apparatus (See Fig. 12: At block 1204, the operations 1200 continue by determining an order of a plurality of beams (i.e., the capability of the UE/apparatus) for transmitting the message based on an indication of the order. ¶ [0103]), and communicate with the network entity in accordance with the indication (See Fig. 12: at block 1206, transmitting the message, to a network node, via the plurality of beams in accordance with the determined order of the beams. ¶ [0103]). Regarding claim 2; Nam teaches the apparatus wherein to transmit the indication, in the RACH message, the processor is further configured to transmit the indication, in the RACH message via control signaling in a medium access control (MAC) layer (See FIG. 5, the Radio Resource Control (RRC) layer, Packet Data Convergence Protocol (PDCP) layer, Radio Link Control (RLC) layer, Medium Access Control (MAC) layer, and a Physical (PHY) layers may be adaptably placed at the DU or CU (e.g., TRP or ANC, respectively). ¶ [0058]). Regarding claim 3; Nam teaches the apparatus wherein the indication includes a message from a control plane protocol stack (See Fig. 6: The control portion 602 may exist in the initial or beginning portion of the DL-centric subframe 600. The control portion 602 may include various scheduling information and/or control information corresponding to various portions of the DL-centric subframe 600. In some configurations, the control portion 602 may be a physical DL control channel (PDCCH), as indicated in FIG. 6. ¶ [0072]). Regarding claim 4; Nam teaches the apparatus wherein to transmit the indication, in the RACH message, the processor is further configured to transmit the indication, in the RACH message in a MAC subheader of a MAC packet (See Figs. 11: in certain aspects of the present disclosure, the order (or rules for determining the order) may be fixed in a specification or indicated to the UE by radio resource control (RRC), medium access control (MAC) control element (MAC-CE), remaining minimum system information (RMSI), other system information (OSI), handover command, or downlink control information (DCI) signaling. ¶ [0100]). Regarding claim 5; Nam teaches the apparatus wherein the MAC subheader includes a logic channel identifier (LCID) having one or more codepoints associated with the capability or the service (See Figs. 5 and 6: one of BS 110 a or BS 110 b may respond with a random access response (RAR) message (MSG2) which may include the identifier (ID) of the RACH preamble, a timing advance (TA), an uplink grant, cell radio network temporary identifier (C-RNTI), and a back off indicator. ¶ [0085]). Regarding claim 6; Nam teaches the apparatus wherein the MAC packet includes a common control channel (CCCH) message (See Fig. 9: MSG2 may include a physical downlink control channel (PDCCH) including control information for a following communication on a physical downlink shared channel (PDSCH)…¶ [0086]). Regarding claim 7; Nam teaches the apparatus wherein the processor is further configured to: receive a configuration for one or more random access parameters associated with the capability or the service; and perform the RACH procedure according to the one or more random access parameters, wherein to perform the RACH procedure, the processor is further configured to transmit the indication, in the RACH message (See Fig. 10: FIG. 10 is a diagram of an example uplink communication 1000 of MSG1 for a four-step RACH procedure, in accordance with certain aspects of the present disclosure. The uplink communication 1000 begins with a DL common burst, and ends with an UL common burst, as illustrated. The PRACH is included as part of the regulator UL burst between the DL and UL common bursts and includes a cyclic prefix (CP). ¶ [0087] and ¶ [0088]). Regarding claim 9; Nam teaches the apparatus wherein the indication includes a demodulation reference signal sequence value that indicates the capability or the service (Nam: See Figs. 9 and 10: A BS may monitor beams using beam measurements and feedback from a UE. For example, a BS may monitor active beams using DL reference signals. A BS may transmit a DL RS, such as a measurement reference signal (MRS), channel state information reference signal (CSI-RS), or a synchronization (synch) signal. A UE may report, to the BS, a reference signal receive power (RSRP) associated with a received reference signal. In this manner, the BS may monitor active beams. ¶ [0082]). Regarding claim 10; Nam teaches the apparatus wherein the capability includes an enhanced mobile broadband capability (Nam: NR may support various wireless communication services, such as enhanced mobile broadband (eMBB) targeting wide bandwidth (e.g. 80 MHz beyond), millimeter wave (mmW) targeting high carrier frequency (e.g. 27 GHz or beyond), massive machine type communications (mMTC) targeting non-backward compatible MTC techniques, and/or mission critical targeting ultra-reliable low-latency communications (URLLC). ¶ [0035]). Regarding claim 11; Nam teaches an apparatus for wireless communication, comprising: a memory; and a processor coupled to the memory, the processor capable of being configured to: receive, from a user equipment (UE) in a random access channel (RACH) message of (See Fig. 12: generating a message comprising a RACH preamble. ¶ [0103]) a RACH procedure (See Fig. 9: FIG. 9 is a timing diagram 900 illustrating an example four-step RACH procedure. ¶ [0084-0085]), an indication of at least one of a capability of the apparatus (See Fig. 12: At block 1204, the operations 1200 continue by determining an order of a plurality of beams (i.e., the capability of the UE/apparatus) for transmitting the message based on an indication of the order. ¶ [0103]), and communicate with the network entity in accordance with the indication (See Fig. 12: at block 1206, transmitting the message, to a network node, via the plurality of beams in accordance with the determined order of the beams. ¶ [0103]). Regarding claim 12; Nam teaches the apparatus wherein to transmit the indication, in the RACH message, the processor is further configured to transmit the indication, in the RACH message via control signaling in a medium access control (MAC) layer (See FIG. 5, the Radio Resource Control (RRC) layer, Packet Data Convergence Protocol (PDCP) layer, Radio Link Control (RLC) layer, Medium Access Control (MAC) layer, and a Physical (PHY) layers may be adaptably placed at the DU or CU (e.g., TRP or ANC, respectively). ¶ [0058]). Regarding claim 13; Nam teaches the apparatus wherein the indication includes a message from a control plane protocol stack (See Fig. 6: The control portion 602 may exist in the initial or beginning portion of the DL-centric subframe 600. The control portion 602 may include various scheduling information and/or control information corresponding to various portions of the DL-centric subframe 600. In some configurations, the control portion 602 may be a physical DL control channel (PDCCH), as indicated in FIG. 6. ¶ [0072]). Regarding claim 14; Nam teaches the apparatus wherein to transmit the indication, in the RACH message, the processor is further configured to transmit the indication, in the RACH message in a MAC subheader of a MAC packet (See Figs. 11: in certain aspects of the present disclosure, the order (or rules for determining the order) may be fixed in a specification or indicated to the UE by radio resource control (RRC), medium access control (MAC) control element (MAC-CE), remaining minimum system information (RMSI), other system information (OSI), handover command, or downlink control information (DCI) signaling. ¶ [0100]). Regarding claim 15; Nam teaches the apparatus wherein the MAC subheader includes a logic channel identifier (LCID) having one or more codepoints associated with the capability or the service (See Figs. 5 and 6: one of BS 110 a or BS 110 b may respond with a random access response (RAR) message (MSG2) which may include the identifier (ID) of the RACH preamble, a timing advance (TA), an uplink grant, cell radio network temporary identifier (C-RNTI), and a back off indicator. ¶ [0085]). Regarding claim 17; Nam teaches the apparatus wherein the capability includes an enhanced mobile broadband capability (Nam: NR may support various wireless communication services, such as enhanced mobile broadband (eMBB) targeting wide bandwidth (e.g. 80 MHz beyond), millimeter wave (mmW) targeting high carrier frequency (e.g. 27 GHz or beyond), massive machine type communications (mMTC) targeting non-backward compatible MTC techniques, and/or mission critical targeting ultra-reliable low-latency communications (URLLC). ¶ [0035]). Regarding claim 18; Nam teaches a method of wireless communication by a UE, comprising: transmitting, to a network entity in a random access channel (RACH) message of (See Fig. 12: generating a message comprising a RACH preamble. ¶ [0103]) a RACH procedure (See Fig. 9: FIG. 9 is a timing diagram 900 illustrating an example four-step RACH procedure. ¶ [0084-0085]), an indication of at least one of a capability of the apparatus (See Fig. 12: At block 1204, the operations 1200 continue by determining an order of a plurality of beams (i.e., the capability of the UE/apparatus) for transmitting the message based on an indication of the order. ¶ [0103]), and communicating with the network entity in accordance with the indication (See Fig. 12: at block 1206, transmitting the message, to a network node, via the plurality of beams in accordance with the determined order of the beams. ¶ [0103]). Regarding claim 19; Nam teaches the apparatus wherein to transmit the indication, in the RACH message, the processor is further configured to transmit the indication, in the RACH message via control signaling in a medium access control (MAC) layer (See FIG. 5, the Radio Resource Control (RRC) layer, Packet Data Convergence Protocol (PDCP) layer, Radio Link Control (RLC) layer, Medium Access Control (MAC) layer, and a Physical (PHY) layers may be adaptably placed at the DU or CU (e.g., TRP or ANC, respectively). ¶ [0058]). Regarding claim 20; Nam teaches the apparatus wherein to transmit the indication, in the RACH message, the processor is further configured to transmit the indication, in the RACH message in a MAC subheader of a MAC packet (See Figs. 11: in certain aspects of the present disclosure, the order (or rules for determining the order) may be fixed in a specification or indicated to the UE by radio resource control (RRC), medium access control (MAC) control element (MAC-CE), remaining minimum system information (RMSI), other system information (OSI), handover command, or downlink control information (DCI) signaling. ¶ [0100]). Regarding claim 21; Nam teaches the apparatus wherein the MAC subheader includes a logic channel identifier (LCID) having one or more codepoints associated with the capability or the service (See Figs. 5 and 6: one of BS 110 a or BS 110 b may respond with a random access response (RAR) message (MSG2) which may include the identifier (ID) of the RACH preamble, a timing advance (TA), an uplink grant, cell radio network temporary identifier (C-RNTI), and a back off indicator. ¶ [0085]). Regarding claim 22; Nam teaches the apparatus wherein the MAC packet includes a common control channel (CCCH) message (See Fig. 9: MSG2 may include a physical downlink control channel (PDCCH) including control information for a following communication on a physical downlink shared channel (PDSCH)…¶ [0086]). Regarding claim 24; Nam teaches the apparatus wherein the capability includes an enhanced mobile broadband capability (Nam: NR may support various wireless communication services, such as enhanced mobile broadband (eMBB) targeting wide bandwidth (e.g. 80 MHz beyond), millimeter wave (mmW) targeting high carrier frequency (e.g. 27 GHz or beyond), massive machine type communications (mMTC) targeting non-backward compatible MTC techniques, and/or mission critical targeting ultra-reliable low-latency communications (URLLC). ¶ [0035]). Regarding claim 25; Nam teaches a method for wireless communication performed by a network entity, comprising: receiving, from a user equipment (UE) in a random access channel (RACH) message of (See Fig. 12: generating a message comprising a RACH preamble. ¶ [0103]) a RACH procedure (See Fig. 9: FIG. 9 is a timing diagram 900 illustrating an example four-step RACH procedure. ¶ [0084-0085]), an indication of at least one of a capability of the apparatus (See Fig. 12: At block 1204, the operations 1200 continue by determining an order of a plurality of beams (i.e., the capability of the UE/apparatus) for transmitting the message based on an indication of the order. ¶ [0103]), and communicating with the network entity in accordance with the indication (See Fig. 12: at block 1206, transmitting the message, to a network node, via the plurality of beams in accordance with the determined order of the beams. ¶ [0103]). Regarding claim 26; Nam teaches the apparatus wherein to transmit the indication, in the RACH message, the processor is further configured to transmit the indication, in the RACH message via control signaling in a medium access control (MAC) layer (See FIG. 5, the Radio Resource Control (RRC) layer, Packet Data Convergence Protocol (PDCP) layer, Radio Link Control (RLC) layer, Medium Access Control (MAC) layer, and a Physical (PHY) layers may be adaptably placed at the DU or CU (e.g., TRP or ANC, respectively). ¶ [0058]). Regarding claim 27; Nam teaches the apparatus wherein to transmit the indication, in the RACH message, the processor is further configured to transmit the indication, in the RACH message in a MAC subheader of a MAC packet (See Figs. 11: in certain aspects of the present disclosure, the order (or rules for determining the order) may be fixed in a specification or indicated to the UE by radio resource control (RRC), medium access control (MAC) control element (MAC-CE), remaining minimum system information (RMSI), other system information (OSI), handover command, or downlink control information (DCI) signaling. ¶ [0100]). Regarding claim 28; Nam teaches the apparatus wherein the MAC subheader includes a logic channel identifier (LCID) having one or more codepoints associated with the capability or the service (See Figs. 5 and 6: one of BS 110 a or BS 110 b may respond with a random access response (RAR) message (MSG2) which may include the identifier (ID) of the RACH preamble, a timing advance (TA), an uplink grant, cell radio network temporary identifier (C-RNTI), and a back off indicator. ¶ [0085]). Regarding claim 30; Nam teaches the apparatus wherein the capability includes an enhanced mobile broadband capability (Nam: NR may support various wireless communication services, such as enhanced mobile broadband (eMBB) targeting wide bandwidth (e.g. 80 MHz beyond), millimeter wave (mmW) targeting high carrier frequency (e.g. 27 GHz or beyond), massive machine type communications (mMTC) targeting non-backward compatible MTC techniques, and/or mission critical targeting ultra-reliable low-latency communications (URLLC). ¶ [0035]). 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 8, 16. 23 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Nam et al. (US 2019/0268060 A1) in view of Christoffersson et al. (US 2023/0328793 A1). Regarding claims 8, 16. 23 and 29; Nam teaches the apparatus wherein the indication that indicates the capability or the service (See Fig. 12: generating a message comprising a RACH preamble…and at block 1204, the operations 1200 continue by determining an order of a plurality of beams (i.e., the capability of the UE/apparatus) for transmitting the message based on an indication of the order. ¶ [0103]), Nam doesn’t explicitly provide including a preamble sequence value in the indication. However, Christoffersson discloses including a preamble sequence value in the indication (See Fig. 1: the UE can indicate the beam/SSB to the gNB through the PRACH preamble and/or PRACH occasion (“RO”). The PRACH preamble can be specified by a preamble format and can include a cyclic prefix and sequence and be associated with an identifying index. ¶ [0006]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide the method of including a preamble sequence value in the indication as taught by Christoffersson to have incorporated in the system of Nam, so that it would provide a beneficial to use as few root sequences as possible. Christoffersson: ¶ [0061]. [Office’s Note: Because of the alternative claim language such as “at least one of”, only one of the alternative limitations has been analyzed by the examiner]. Response to Arguments In response to the amendment as filed on 12/30/2025, Applicant’s arguments with respect to claims 1-30 have been considered but they are not persuasive. Arguments: Applicant argued that the Non-Final Office Action fails to show that Nam et al. (US 2019/0268060 A1) teaches: “transmitting, to a network entity, in a random access channel (RACH) message of a RACH procedure, an indication of at least one of a capability of the apparatus or a service for the apparatus.” Examiner’s responses: Examiner respectfully disagrees. Nam et al. (US 2019/0268060 A1) teaches a method to perform operations including transmission in a RACH procedure. Specifically, Nam teaches generating and transmitting a message in a RACH procedure. See Fig. 12 and ¶ [0103], which describe generating a message comprising a RACH preamble and transmitting the message to a network node. This corresponds to transmitting a message in a RACH procedure. Nam further discloses determining an order of a plurality of beams for transmitting the message. See Fig. 12, block 1204 and ¶ [0103]. The plurality of beams and their ordering reflect transmission characteristics and operational parameters of the UE. Such beam-related configuration represents a capability of the apparatus, as it defines how the UE is able to perform transmission toward the network. Thus, the determination and use of beam order inherently indicate the UE’s transmission capability. Nam further discloses transmitting the message via the plurality of beams in accordance with the determined order. See Fig. 12, block 1206 and ¶ [0103]. This demonstrates that the message transmission is performed in accordance with the capability-related information, thereby conveying that information to the network entity during the RACH procedure. Applicant appears to narrowly interpret “indication of capability” as requiring an explicit, separately encoded capability field in the RACH message. However, the claims do not impose such a restriction. Under the broadest reasonable interpretation (BRI): An “indication of capability” encompasses information conveyed through transmission behavior or parameters that reflect the apparatus’s capabilities. The ordered transmission over multiple beams inherently signals the UE’s beamforming or multi-beam transmission capability to the network entity. Nam’s teaching of: determining beam order, and transmitting the RACH message using that beam configuration constitutes transmitting an indication of capability during the RACH procedure. Accordingly, Nam teaches or at least renders obvious the claimed limitation of: transmitting, in a RACH message, an indication of at least one of a capability of the apparatus. Therefore, Applicant’s argument is not persuasive, and the rejection is maintained. Conclusion 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 extension fee 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 date of this final action. 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 extension fee 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 SAI AUNG whose telephone number is (571)272-3507. The examiner can normally be reached on Monday-Friday, Alt Fridays, 7:30 AM- 5:00 PM (EST). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. 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. /SAI AUNG/ Primary Examiner, Art Unit 2416
Read full office action

Prosecution Timeline

Sep 21, 2023
Application Filed
Sep 21, 2023
Response after Non-Final Action
Sep 25, 2025
Non-Final Rejection — §102, §103
Dec 30, 2025
Response Filed
Mar 31, 2026
Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12597988
RELAY DEVICE FOR RELAYING COMMUNICATION BETWEEN BASE STATION DEVICE AND TERMINAL DEVICE BY FORMING A BEAM, CONTROL METHOD, AND COMPUTER-READABLE STORAGE MEDIUM
2y 5m to grant Granted Apr 07, 2026
Patent 12593259
METHODS AND APPARATUSES FOR DATA FORWARDING IN WIRELESS COMMUNICATIONS
2y 5m to grant Granted Mar 31, 2026
Patent 12588059
METHOD AND DEVICE FOR TRANSMITTING AND RECEIVING DATA IN COMMUNICATION SYSTEM SUPPORTING MULTIPLE LINKS
2y 5m to grant Granted Mar 24, 2026
Patent 12587436
APPARATUS AND METHOD FOR PERFORMING DUAL CONNECTIVITY IN WIRELESS COMMUNICATION SYSTEM
2y 5m to grant Granted Mar 24, 2026
Patent 12581474
METHOD FOR DETERMINING INITIALIZATION STATE OF SCRAMBLING CODE SEQUENCE AND APPARATUS
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
93%
With Interview (+4.7%)
2y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 605 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month