Prosecution Insights
Last updated: April 18, 2026
Application No. 18/577,308

RADIO ACCESS NETWORK NODE AND METHOD THEREFOR

Non-Final OA §102§103
Filed
Jan 08, 2024
Examiner
NGUYEN, THUONG
Art Unit
2416
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
4y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
446 granted / 654 resolved
+10.2% vs TC avg
Strong +32% interview lift
Without
With
+32.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
65 currently pending
Career history
719
Total Applications
across all art units

Statute-Specific Performance

§101
16.3%
-23.7% vs TC avg
§103
49.5%
+9.5% vs TC avg
§102
15.2%
-24.8% vs TC avg
§112
14.6%
-25.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 654 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. This action is in response to application 18577308 filed 1/8/24. Claim(s) 31-38 is/are presented for examination. Claim Objections Claim(s) 31-38 is/are unclear to the examiner; what does it mean by stating “in a procedure for preparing an MN-initiated inter-SN Conditional Primary Secondary Cell Group (SCG) Cell (PSCeII) Change (CPC) from a source Secondary Node (SN) to a target SN with respect to a PSCeII of an SCG of the UE, transmit first information to the UE, the first information containing a CPC execution condition and configuration information”? The Examiner is not entirely sure what exactly what the Applicant trying to accomplished? To transmit the information for CPC execution condition and configuration? Is the configuration for the CPC or for the source SN to a target SN? How to determine the condition and configuration? Please clarify Claim(s) 31-38 is/are unclear to the examiner; what does it mean by stating “after sending the first information to the UE, send to the source SN a first inter-node message containing information indicating that this message is for an inter- SN CPC”? The Examiner is not entirely sure what exactly what is “this message” mean? What exactly the Applicant trying to accomplished? Why sending to the source SN when the system wanted to preparing for a target SN? Please clarify Claim(s) 31-38 is/are unclear to the examiner; what does it mean by stating “send a second inter-node message to the source SN in response to receiving from the UE a Radio Resource Control (RRC) Reconfiguration Complete message sent by the UE upon satisfaction of the CPC execution condition”? The Examiner is not entirely sure what exactly is the claimed invention? Why does the system keep sending back the message to the source SN when the system trying to prepare for the target SN? What about the CPC condition and configuration? To prepare for what? What exactly the Applicant trying to accomplished? Please clarify 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)(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) 31-32, 34-36 & 38 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang, U.S. Pub/Patent No. US 2024/0073753 A1. As to claim 31, Zhang teaches a Radio Access Network (RAN) node configured to operate as a Master Node (MN) associated with a Master Cell Group (MCG) in dual connectivity for a User Equipment (UE), the RAN node comprising: at least one memory; and at least one processor coupled to the at least one memory and configured to: in a procedure for preparing an MN-initiated inter-SN Conditional Primary Secondary Cell Group (SCG) Cell (PSCeII) Change (CPC) from a source Secondary Node (SN) to a target SN with respect to a PSCeII of an SCG of the UE, transmit first information to the UE, the first information containing a CPC execution condition and configuration information (Zhang, page 3, paragraph 37-42; page 6, paragraph 116; i.e., [0037] A MN could initiate a CPA procedure by sending a SN addition request message to multiple candidate target SNs; [0038] 2. Candidate target SN(s) selects a number of cells from the list of cell(s) provided by the MN to be prepared as candidate PSCell(s), e.g., cells 1, 2, 3, ...and 5; [0040] 4. Upon receiving the CPA related RRC reconfiguration message, the UE starts evaluating whether the execution condition(s) is fulfilled ( e.g., if the measured link quality of one candidate target SN is better than a threshold). Upon the fulfillment of the execution condition(s), the UE starts accessing the corresponding target SN; [0042] Upon receiving the SN change required message triggering the inter-SN CPC procedure, or upon the MN initiating the inter-SN CPC procedure, the MN sends a SN addition request message to multiple candidate target SNs; [0116] the initiating node ( either a MN or a SN) indicates ten cells ( e.g., cells 1, 2, 3, ... and 10) as target PSCells, and the target SN has prepared five cells ( e.g., cells 1, 2, 3, 4 and 5), then, the target SN may decide to prepare remaining five cells (e.g., cells 6, 7, 8, 9 and 10) as additional prepared PSCells); after sending the first information to the UE, send to the source SN a first inter-node message containing information indicating that this message is for an inter- SN CPC (Zhang, page 4, paragraph 56; i.e., [0056] a MN initiated inter-SN CPC procedure, a MN may transmit a Xn or X2 message including CPC related configuration information provided by the MN ( e.g., the list of cells) to a T-SN, to initiate a MN initiated inter-SN CPC procedure); and send a second inter-node message to the source SN in response to receiving from the UE a Radio Resource Control (RRC) Reconfiguration Complete message sent by the UE upon satisfaction of the CPC execution condition (Zhang, page 3, paragraph 40 & 48; i.e., [0040] 4. Upon receiving the CPA related RRC reconfiguration message, the UE starts evaluating whether the execution condition(s) is fulfilled ( e.g., if the measured link quality of one candidate target SN is better than a threshold). Upon the fulfillment of the execution condition(s), the UE starts accessing the corresponding target SN; [0048] For a SN initiated inter-SN CPC procedure, some embodiments of the present application ensure a proper inter-SN CPC replace operation, e.g., to modify the related execution condition(s) or to modify the related SN measurement configuration, and ensure that a source SN may know PSCell(s) prepared by the candidate target SN). As to claim 32, Zhang teaches the RAN node as recited in claim 31, wherein the first inter-node message causes the source SN to continue providing user data to the UE until execution of the CPC (Zhang, page 3, paragraph 43; i.e., [0043] The SN addition request acknowledge message contains a RRC reconfiguration message that provides a UE with SN RRC reconfiguration to be used upon an execution of the inter-SN CPC procedure.). As to claim 35, Zhang teaches a Radio Access Network (RAN) node configured to operate as a source Secondary Node (SN) associated with a Secondary Cell Group (SCG) in dual connectivity for a User Equipment (UE), the RAN node comprising: at least one memory; and at least one processor coupled to the at least one memory and configured to: in a procedure for preparing an MN-initiated inter-SN Conditional Primary SCG Cell (PSCeII) Change (CPC) from the source SN to a target SN with respect to a PSCeII of the SCG of the UE, after a Master Node (MN) sends first information containing a CPC execution condition (Zhang, page 3, paragraph 37-42; page 6, paragraph 116; i.e., [0037] A MN could initiate a CPA procedure by sending a SN addition request message to multiple candidate target SNs; [0038] 2. Candidate target SN(s) selects a number of cells from the list of cell(s) provided by the MN to be prepared as candidate PSCell(s), e.g., cells 1, 2, 3, ...and 5; [0040] 4. Upon receiving the CPA related RRC reconfiguration message, the UE starts evaluating whether the execution condition(s) is fulfilled ( e.g., if the measured link quality of one candidate target SN is better than a threshold). Upon the fulfillment of the execution condition(s), the UE starts accessing the corresponding target SN; [0042] Upon receiving the SN change required message triggering the inter-SN CPC procedure, or upon the MN initiating the inter-SN CPC procedure, the MN sends a SN addition request message to multiple candidate target SNs; [0116] the initiating node ( either a MN or a SN) indicates ten cells ( e.g., cells 1, 2, 3, ... and 10) as target PSCells, and the target SN has prepared five cells ( e.g., cells 1, 2, 3, 4 and 5), then, the target SN may decide to prepare remaining five cells (e.g., cells 6, 7, 8, 9 and 10) as additional prepared PSCells)and configuration information to the UE, receive from the MN a first inter-node message containing information indicating that this message is for an inter-SN CPC (Zhang, page 4, paragraph 56; i.e., [0056] a MN initiated inter-SN CPC procedure, a MN may transmit a Xn or X2 message including CPC related configuration information provided by the MN ( e.g., the list of cells) to a T-SN, to initiate a MN initiated inter-SN CPC procedure); and receive a second inter-node message from the MN, the second message being sent by the MN in response to receiving a Radio Resource Control (RRC) Reconfiguration Complete message sent by the UE upon satisfaction of the CPC execution condition (Zhang, page 3, paragraph 40 & 48; i.e., [0040] 4. Upon receiving the CPA related RRC reconfiguration message, the UE starts evaluating whether the execution condition(s) is fulfilled ( e.g., if the measured link quality of one candidate target SN is better than a threshold). Upon the fulfillment of the execution condition(s), the UE starts accessing the corresponding target SN; [0048] For a SN initiated inter-SN CPC procedure, some embodiments of the present application ensure a proper inter-SN CPC replace operation, e.g., to modify the related execution condition(s) or to modify the related SN measurement configuration, and ensure that a source SN may know PSCell(s) prepared by the candidate target SN). Claim(s) 34 is/are directed to a method claims and they do not teach or further define over the limitations recited in claim(s) 31. Therefore, claim(s) 34 is/are also rejected for similar reasons set forth in claim(s) 31. Claim(s) 36 is/are directed to a method claims and they do not teach or further define over the limitations recited in claim(s) 32. Therefore, claim(s) 36 is/are also rejected for similar reasons set forth in claim(s) 32. Claim(s) 38 is/are directed to a method claims and they do not teach or further define over the limitations recited in claim(s) 35. Therefore, claim(s) 38 is/are also rejected for similar reasons set forth in claim(s) 35. 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 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 of this title, 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) 33 & 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, U.S. Pub/Patent No. US 2024/0073753 A1 in view of Chen, U.S. Patent/Pub. No. US 2021/0099926 A1. As to claim 33, Zhang teaches the RAN node as recited in claim 31. But Zhang failed to teach the claim limitation wherein the second inter-node message causes the source SN to stop providing user data to the UE. However, Chen teaches the limitation wherein the second inter-node message causes the source SN to stop providing user data to the UE (Chen, page 8, paragraph 119; page 9, paragraph 133; i.e., [0119] After receiving the response/bye message from the UE, the MN may forward the SN status (e.g., provided by the source SN) and/or the data (e.g., if there are some SN-terminated bearers on the source SN) to the target SN). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Zhang to substitute mMTC) from Chen for wireless communication from Zhang to improving data rate, latency, reliability and mobility (Chen, page 1, paragraph 3). As to claim 37, Zhang teaches the RAN node as recited in claim 35. But Zhang failed to teach the claim limitation wherein the at least one processor is configured to, after receiving the first inter-node message, stop providing user data to the UE in response to receiving the second inter-node message from the MN indicating execution of the CPC or satisfaction of the CPC execution condition (Chen, page 4, paragraph 62; page 8, paragraph 119; page 9, paragraph 133; i.e., [0062] conditional PSCell addition (CPA) procedures and conditional PSCell change (CPC) procedures for intra-SN and inter-SN cases are provided in the present disclosure. Methods for a UE to determine what to do when a conditional reconfiguration command is executed and the corresponding UE behavior are also provided in the present disclosure; [0119] After receiving the response/bye message from the UE, the MN may forward the SN status (e.g., provided by the source SN) and/or the data (e.g., if there are some SN-terminated bearers on the source SN) to the target SN). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Zhang to substitute mMTC) from Chen for wireless communication from Zhang to improving data rate, latency, reliability and mobility (Chen, page 1, paragraph 3).. Listing of Relevant Arts Purkayastha, U.S. Patent/Pub. No. US 20220116840 A1 discloses SN-initiated intra-SN conditional PSCell. Silva, U.S. Patent/Pub. No. US 20240040451 A1 discloses PSCell CPC, MN-initiated, SCG. Contact Information The present application is being examined under the pre-AIA first to invent provisions. THUONG NGUYEN whose telephone number is (571)272-3864. The examiner can normally be reached on Monday-Friday 9:00-6:00. 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. /THUONG NGUYEN/Primary Examiner, Art Unit 2416
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Prosecution Timeline

Jan 08, 2024
Application Filed
Dec 19, 2025
Non-Final Rejection — §102, §103
Mar 25, 2026
Applicant Interview (Telephonic)
Mar 25, 2026
Examiner Interview Summary
Mar 26, 2026
Response Filed

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+32.1%)
4y 3m
Median Time to Grant
Low
PTA Risk
Based on 654 resolved cases by this examiner. Grant probability derived from career allow rate.

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