Prosecution Insights
Last updated: October 02, 2026
Application No. 18/576,537

METHODS, DEVICES, AND MEDIUM FOR COMMUNICATION

Final Rejection §103
Filed
Jan 04, 2024
Priority
Jul 05, 2021 — nonprovisional of PCTCN2021104605
Examiner
RANDHAWA, MANDISH K
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
2 (Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
10m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
366 granted / 561 resolved
+7.2% vs TC avg
Strong +27% interview lift
Without
With
+27.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
33 currently pending
Career history
605
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
62.1%
+22.1% vs TC avg
§102
18.1%
-21.9% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 561 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. 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 § 103 2. 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. 3. 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. 4. The factual inquiries 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. 5. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 6. Claims 49-54 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (US 2023/0144223 A1, hereinafter “Xu”) in view of Xu et al. (WO 2017/088143 A1, hereinafter “Xu’143”). Regarding claims 49 and 51, Xu teaches a method performed by a terminal device (e.g., UE in figs. 3, 13, 14), the method comprising: receiving, from a network device, first message comprising a list of values for a first security parameter (fig. 14, ¶ [0138], The source gNB1 1104 may then transmit an RRC release message with suspend configuration information including a set of NCC values and NH parameters); deriving a first security key using a first value from the list of values for the security parameter (fig. 14, ¶ [0138], The UE 1102 may then vertically derive 1402 a first gNB key (KgNB2) based on a first NCC value from the set of NCC values for a first transmission to the first target gNB2 1106, a then forward security information of the first transmission along with gNB information to the source gNB1); and transmitting, to the network device, a second message (fig. 14, ¶ [0138], The UE 1102 may then vertically derive 1402 a first gNB key (KgNB2) based on a first NCC value from the set of NCC values for a first transmission to the first target gNB2 1106, a then forward security information of the first transmission along with gNB information to the source gNB1 1104. The source gNB1 1104 then vertically derives the first gNB key (K gNB2) based on the NCC values and NH parameters and transmits a response back to the first target gNB2 1106 including the first gNB key (K gNB2). As the source gNB1 1102 derives each gNB key, the source gNB1 1102 can track NCC value usage and knows which NCC value is currently active. ¶ [0139], the UE 1102 may perform an RRC resume procedure with, for example, first target gNB2 1106 and transition to an RRC connected mode. In this example, the UE 1102 may use a dedicated NCC value included with the set of NCC values to transmit the RRC resume message. In other cases, the last NCC value of the set of NCC values may be used to transmit the RRC resume message). Xu does not explicitly teach second message comprising the first value. However, Xu’143 teaches transmitting, to the network device, a message comprising an indication of a parameter value (figs. 3, 4, Pages 12- 13: “Optionally, the uplink data request further includes security parameter indication information, where the security parameter indication information is used to indicate a security parameter adopted by the UE. ..The uplink data request further includes a key derivation parameter, which is used to indicate the manner in which the UE deducts the key. The access network node may further derive the key in the security parameter used in the RRC connected state that the UE requests to enter based on the key and key derivation parameters in the last RRC connected state.”). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to include the first value in the second message in the system of Xu to further improve industrial applicability by avoiding key derivation value/parameter uncertainty. Regarding claims 50 and 52, Xu teaches a method performed by a network device (e.g., Base Station in figs. 4, 13, 14), the method comprising: transmitting, to a terminal device, a first message comprising a list of values for a first security parameter (fig. 14, ¶ [0138], The source gNB1 1104 may then transmit an RRC release message with suspend configuration information including a set of NCC values and NH parameters); and receiving, from the terminal device, a second message, wherein the first value is related to a first security key derived by the terminal device (fig. 14, ¶ [0138], The UE 1102 may then vertically derive 1402 a first gNB key (KgNB2) based on a first NCC value from the set of NCC values for a first transmission to the first target gNB2 1106, a then forward security information of the first transmission along with gNB information to the source gNB1 1104. The source gNB1 1104 then vertically derives the first gNB key (K gNB2) based on the NCC values and NH parameters and transmits a response back to the first target gNB2 1106 including the first gNB key (K gNB2). As the source gNB1 1102 derives each gNB key, the source gNB1 1102 can track NCC value usage and knows which NCC value is currently active. ¶ [0139], the UE 1102 may perform an RRC resume procedure with, for example, first target gNB2 1106 and transition to an RRC connected mode. In this example, the UE 1102 may use a dedicated NCC value included with the set of NCC values to transmit the RRC resume message. In other cases, the last NCC value of the set of NCC values may be used to transmit the RRC resume message). Xu does not explicitly teach second message comprising a first value from the list of values of the first security parameter. However, Xu’143 teaches transmitting, to the network device, a message comprising an indication of a parameter value (figs. 3, 4, Pages 12- 13: “Optionally, the uplink data request further includes security parameter indication information, where the security parameter indication information is used to indicate a security parameter adopted by the UE. ..The uplink data request further includes a key derivation parameter, which is used to indicate the manner in which the UE deducts the key. The access network node may further derive the key in the security parameter used in the RRC connected state that the UE requests to enter based on the key and key derivation parameters in the last RRC connected state.”). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to include the first value in the second message in the system of Xu to further improve industrial applicability by avoiding key derivation value/parameter uncertainty. Regarding claims 53 and 54, Xu in view of Xu’143 teaches the method of claim 49, deriving a second security key using a second value from the list of values for the first security parameter, wherein the second value is different from the first value; and transmitting, to the network device, a third message (fig. 14, ¶ [0138], When the UE 1102 wants to transmit additional data, the UE 1102 may vertically derive 1404 a second gNB key (KgNB3) based on the next (e.g., last) NCC value from the set of NCC values. The second target gNB3 1108 may obtain the second gNB key (KgNB3) in a way similar to the way the first target gNB2 1106 obtained the first gNB key (KgNB2)). Xu does not explicitly teach third message comprising the second value. However, Xu’143 teaches transmitting, to the network device, a message comprising an indication of a parameter value (figs. 3, 4, Pages 12- 13: “Optionally, the uplink data request further includes security parameter indication information, where the security parameter indication information is used to indicate a security parameter adopted by the UE. ..The uplink data request further includes a key derivation parameter, which is used to indicate the manner in which the UE deducts the key. The access network node may further derive the key in the security parameter used in the RRC connected state that the UE requests to enter based on the key and key derivation parameters in the last RRC connected state.”). Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to include the second value in the third message in the system of Xu to further improve industrial applicability by avoiding key derivation value/parameter uncertainty. Response to Arguments 7. Applicant’s arguments with respect to claims 49-54 have been considered but are moot in view of new ground(s) of rejection. Conclusion 8. 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. 9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDISH RANDHAWA whose telephone number is (571)270-5650. The examiner can normally be reached Monday-Thursday (9 AM-7 PM). 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, Chirag Shah can be reached at 571-272-3144. 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. /MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477
Read full office action

Prosecution Timeline

Show 2 earlier events
Feb 18, 2025
Response after Non-Final Action
Jan 08, 2026
Non-Final Rejection mailed — §103
Mar 31, 2026
Examiner Interview Summary
Mar 31, 2026
Applicant Interview (Telephonic)
Apr 08, 2026
Response Filed
Apr 08, 2026
Response after Non-Final Action
May 14, 2026
Response Filed
Aug 20, 2026
Final Rejection mailed — §103 (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
65%
Grant Probability
92%
With Interview (+27.2%)
3y 7m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 561 resolved cases by this examiner. Grant probability derived from career allowance rate.

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