Prosecution Insights
Last updated: April 19, 2026
Application No. 18/578,718

UE CAPABILITY UPDATING METHOD AND APPARATUS, AND DEVICE

Non-Final OA §103
Filed
Jan 12, 2024
Examiner
TULOP, JIRAPON INTAVONG
Art Unit
2693
Tech Center
2600 — Communications
Assignee
Datang Mobile Communications Equipment Co. Ltd.
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
93%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
344 granted / 496 resolved
+7.4% vs TC avg
Strong +24% interview lift
Without
With
+23.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
19 currently pending
Career history
515
Total Applications
across all art units

Statute-Specific Performance

§101
8.5%
-31.5% vs TC avg
§103
54.3%
+14.3% vs TC avg
§102
23.5%
-16.5% vs TC avg
§112
7.8%
-32.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 496 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 08/26/2025, 05/26/2025, 12/27/2024, 12/18/2024 and 01/12/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Objections Claims 1, 8, 15 are objected to because of the following informalities: the acronym “UE” should be defined as “user endpoint” in the first instance of the claims. Claims 12 and 21 are objected to because of the following informalities: the acronym “UCI on a PUCCH” should be defined as “uplink control information (UCI) on a physical uplink control channel (PUCCH)” in the first instance of the claims. Appropriate correction is required. 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 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. 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. Claims 1-12, 15-22 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3709688 (“Hong”) in view of US Patent No. 10,992,331 (“Jassal”). Regarding claim 1, Hong et al. discloses a UE capability update method, comprising: determining at least one performance indicator associated with UE capability based on processing of communication data (paragraphs [0164]-[0342]): in step 110, determining that the transmission capability of a terminal has changed; in step 120, generating capability update report information, the capability update report information comprising the changed transmission capability of the terminal; in step 1410, performing transmission configuration for the terminal according to the changed transmission capability of the terminal, so as to obtain the transmission configuration information; and in step 1420, sending the transmission configuration information to the terminal, so that the terminal performs data transmission according to the transmission configuration information); determining updated UE capability information in response to determining that the UE capability is updated according to the at least one performance indicator; and reporting the updated UE capability information to a network (in step 130, sending the capability update report information to an NR base station, so that the NR base station sends the changed transmission capability of the terminal to an LTE base station, wherein the changed transmission capability of the terminal may be reported to the NR base station by means of RRC signaling; in step 510, receiving capability update indication information sent by the NR base station, the capability update indication information is used to indicate whether the terminal is allowed to report the changed transmission capability; The AI-capable UE responds to the network with a UE capability response message indicating its AI capability for communication purposes). Hong does not specify updating a machine learning model wherein “determining at least one performance indicator associated with UE capability based on processing of communication data according to the updated machine learning model”. However, in the same field of endeavor, Jassal discloses a UE has an AI module which the network is aware of. The network element receives information regarding the features and capabilities of the AI module. The network sends a UE capability inquiry message as part of the attach procedure and the UE responds to the network with a UE capability response message indicating the AI capabilities for communication purposes (col. 9, lines 31-33). Thereby the UE would then send the updated AI capability to the network as recited in claim 1. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention in include updating a machine learning model with respect to UE capability processing as disclosed in Jassal for improved flexibility in configuring a UE to perform tasks for wireless communications, such as channel estimation. Regarding claim 15, Hong discloses a UE capability update device (fig. 15; [0137]), comprising a memory and a processor, wherein the memory stores computer programs that are capable of running on the processor, and when the computer programs are executed by the processor, the processor performs: determining at least one performance indicator associated with UE capability based on processing of communication data (paragraphs [0164]-[0342]): in step 110, determining that the transmission capability of a terminal has changed; in step 120, generating capability update report information, the capability update report information comprising the changed transmission capability of the terminal; in step 1410, performing transmission configuration for the terminal according to the changed transmission capability of the terminal, so as to obtain the transmission configuration information; and in step 1420, sending the transmission configuration information to the terminal, so that the terminal performs data transmission according to the transmission configuration information); determining updated UE capability information in response to determining that the UE capability is updated according to the at least one performance indicator; and reporting the updated UE capability information to a network (in step 130, sending the capability update report information to an NR base station, so that the NR base station sends the changed transmission capability of the terminal to an LTE base station, wherein the changed transmission capability of the terminal may be reported to the NR base station by means of RRC signaling; in step 510, receiving capability update indication information sent by the NR base station, the capability update indication information is used to indicate whether the terminal is allowed to report the changed transmission capability; The AI-capable UE responds to the network with a UE capability response message indicating its AI capability for communication purposes). Hong does not specify updating a machine learning model wherein “determining at least one performance indicator associated with UE capability based on processing of communication data according to the updated machine learning model”. However, in the same field of endeavor, Jassal discloses a UE has an AI module which the network is aware of. The network element receives information regarding the features and capabilities of the AI module. The network sends a UE capability inquiry message as part of the attach procedure and the UE responds to the network with a UE capability response message indicating the AI capabilities for communication purposes (col. 9, lines 31-33). Thereby the UE would then send the updated AI capability to the network as recited in claim 1. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention in include updating a machine learning model with respect to UE capability processing as disclosed in Jassal for improved flexibility in configuring a UE to perform tasks for wireless communications, such as channel estimation. Regarding claim 2, Hong in view of Jassal discloses the method according to claim 1, wherein said determining that the UE capability is updated according to the at least one performance indicator, comprises at least one of following operations: in response to the at least one performance indicator being greater than a corresponding preset threshold, determining that the UE capability is updated (Hong, [0050] In step 110, that a transmission capability of the terminal has changed is determined. When the terminal moves to a cell center or switches to a small cell, the uplink transmission power of the terminal will decrease, thereby reducing originally serious intermodulation interference and causing a change in the transmission capability of the terminal). Regarding claim 16, Hong in view of Jassal discloses the device according to claim 15, wherein the processor determines that the UE capability is updated according to the at least one performance indicator, comprising at least one of following operations: in response to the at least one performance indicator being greater than a corresponding preset threshold, determining that the UE capability is updated (Hong, [0050] In step 110, that a transmission capability of the terminal has changed is determined. When the terminal moves to a cell center or switches to a small cell, the uplink transmission power of the terminal will decrease, thereby reducing originally serious intermodulation interference and causing a change in the transmission capability of the terminal). Regarding claim 3, Hong in view of Jassal discloses the method according to claim 1, wherein said determining the updated UE capability information in response to determining that the UE capability is updated according to the at least one performance indicator, comprises: determining a UE capability parameter corresponding to the at least one performance indicator according to a corresponding relationship between different UE capability parameters and performance indicators; and determining an updated UE capability parameter (Hong, comparison of different channels [0052-0053] the transmission capability of the terminal includes a transmission capability of the terminal on different channel combinations in different frequency band combinations. One frequency band combination may include more than two frequency bands, and one channel combination may also include more than two channels). Regarding claim 17, Hong in view of Jassal discloses the device according to claim 15, wherein the processor determines the updated UE capability information in response to determining that the UE capability is updated according to the at least one performance indicator, comprising: determining a UE capability parameter corresponding to the at least one performance indicator according to a corresponding relationship between different UE capability parameters and performance indicators; and determining an updated UE capability parameter (Hong, comparison of different channels [0052-0053] the transmission capability of the terminal includes a transmission capability of the terminal on different channel combinations in different frequency band combinations. One frequency band combination may include more than two frequency bands, and one channel combination may also include more than two channels). Regarding claim 4, Hong in view of Jassal discloses the method according to claim 1, wherein said reporting the updated UE capability information to the network, comprises: reporting the updated UE capability information to the network through radio resource control information elements, RRC IEs, in RRC information; wherein the updated UE capability information comprises a mandatory UE capability parameter and an updated UE capability parameter (Hong, [0194] In step 130, the capability update report information is sent to the NR base station, so that the NR base station sends the changed transmission capability of the terminal to the LTE base station, the capability update report information to radio resource control (RRC) signaling; and sending the RRC signaling to the NR base station, so that the NR base station obtains the changed transmission capability of the terminal from the RRC signaling). Regarding claim 18, Hong in view of Jassal discloses the device according to claim 15, wherein the processor reports the updated UE capability information to the network, comprising: reporting the updated UE capability information to the network through RRC IE in RRC information; wherein the updated UE capability information comprises a mandatory UE capability parameter and an updated UE capability parameter (Hong, [0194] In step 130, the capability update report information is sent to the NR base station, so that the NR base station sends the changed transmission capability of the terminal to the LTE base station, the capability update report information to radio resource control (RRC) signaling; and sending the RRC signaling to the NR base station, so that the NR base station obtains the changed transmission capability of the terminal from the RRC signaling). Regarding claim 5, Hong discloses the method according to claim 1, wherein said reporting the updated UE capability information to the network, comprises: triggering the reporting of the updated UE capability information to the network when a reporting condition is met (Hong, [0164-0172], [0189] In step 110, that a transmission capability of the terminal has changed is determined. In step 120, capability update report information is generated. The capability update report information includes the changed transmission capability of the terminal. In step 520, according to the capability update indication information, whether the NR base station allows the terminal to report a changed transmission capability is determined). Regarding claim 19, Hong in view of Jassal discloses the device according to claim 15, wherein the processor reports the updated UE capability information to the network, comprising: triggering the reporting of the updated UE capability information to the network when a reporting condition is met (Hong, [0164-0172], [0189] In step 110, that a transmission capability of the terminal has changed is determined. In step 120, capability update report information is generated. The capability update report information includes the changed transmission capability of the terminal. In step 520, according to the capability update indication information, whether the NR base station allows the terminal to report a changed transmission capability is determined). Regarding claim 6, Hong in view of Jassal discloses the method according to claim 5, wherein said triggering the reporting of the updated UE capability information to the network when the reporting condition is met, comprises: triggering the reporting of the updated UE capability information to the network in response to determining that a switch indicates allowing of the reporting of the updated UE capability information, wherein the switch is configured by a network side to indicate allowing or disabling of the reporting of the updated UE capability information from the UE (Hong, [0164-0172], the terminal may not directly and dynamically report the changed transmission capability to the LTE base station, but may directly report the changed transmission capability to the NR base station which forwards the changed transmission capability of the terminal to the LTE base station). Regarding claim 20, Hong in view of Jassal discloses the device according to claim 19, wherein said triggering the reporting of the updated UE capability information to the network when the reporting condition is met, comprises: triggering the reporting of the updated UE capability information to the network in response to determining that a switch indicates allowing of the reporting of the updated UE capability information, wherein the switch is configured by a network side to indicate allowing or disabling of the reporting of the updated UE capability information from the UE (Hong, [0164-0172], the terminal may not directly and dynamically report the changed transmission capability to the LTE base station, but may directly report the changed transmission capability to the NR base station which forwards the changed transmission capability of the terminal to the LTE base station). Regarding claim 7, Hong in view of Jassal discloses the method according to claim 5, wherein said initiating the request for reporting the updated UE capability information to the network, includes: initiating the request for reporting the updated UE capability information to the network through information bits in uplink control information, UCI, on a physical uplink control channel, PUCCH (Jassal, embodiment 6, the network can be configured with signaling mechanisms to configure a UE's AI module for performing a given task for wireless communications. The signaling mechanism allows the network to configure the UE's behavior through its AI module. Configuring the AI module entails configuring the task or tasks it carries out and its internal structure. This allows the network to customize each UE's behavior and its hardware and provides a signaling framework to achieve such customization of UE behavior). Regarding claim 21, Hong in view of Jassal discloses the device according to claim 19, wherein the processor initiates the request for reporting the updated UE capability information to the network, comprising: initiating the request for reporting the updated UE capability information to the network through information bits in UCI on a PUCCH (Jassal, embodiment 6, the network can be configured with signaling mechanisms to configure a UE's AI module for performing a given task for wireless communications. The signaling mechanism allows the network to configure the UE's behavior through its AI module. Configuring the AI module entails configuring the task or tasks it carries out and its internal structure. This allows the network to customize each UE's behavior and its hardware and provides a signaling framework to achieve such customization of UE behavior). Regarding claim 8, Hong discloses a UE capability update method, comprising: receiving updated UE capability information sent from a UE (fig. 1, determine that a transmission capability of the terminal has changed 110) when the UE satisfying a preset condition [0050] In step 110, that a transmission capability of the terminal has changed is determined. When the terminal moves to a cell center or switches to a small cell, the uplink transmission power of the terminal will decrease, thereby reducing originally serious intermodulation interference and causing a change in the transmission capability of the terminal); and configuring or scheduling the UE according to the updated UE capability information (fig. 14, send the transmission configuration information to the terminal, so that the terminal performs data transmission according to the transmission configuration information 1420). Hong does not specify wherein the preset condition is to process communication data by using an updated machine learning model, determine at least one performance indicator associated with UE capability, and determine that the UE capability is updated according to the at least one performance indicator. However, in the same field of endeavor, Jassal discloses a UE has an AI module which the network is aware of. The network element receives information regarding the features and capabilities of the AI module. The network sends a UE capability inquiry message as part of the attach procedure and the UE responds to the network with a UE capability response message indicating the AI capabilities for communication purposes (col. 9, lines 31-33). Thereby the UE would then send the updated AI capability to the network as recited in claim 1. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention in include updating a machine learning model with respect to UE capability processing as disclosed in Jassal for improved flexibility in configuring a UE to perform tasks for wireless communications, such as channel estimation. Regarding claim 22, Hong in view of Jassal discloses a UE capability update device (Hong, fig. 15; [0137]), comprising a memory and a processor, wherein the memory stores computer programs that are capable of running on the processor, and when the computer programs are executed by the processor, the processor performs the method according to claim 8. Regarding claim 9, Hong in view of Jassal discloses the method according to claim 8, wherein said receiving the updated UE capability information sent from the UE when the UE satisfying the preset condition, comprises: receiving the updated UE capability information sent from the UE through RRC IE in RRC information when the UE satisfying the preset condition; wherein the updated UE capability information comprises a mandatory UE capability parameter and an updated UE capability parameter (Hong, [0194] In step 130, the capability update report information is sent to the NR base station, so that the NR base station sends the changed transmission capability of the terminal to the LTE base station, the capability update report information to radio resource control (RRC) signaling; and sending the RRC signaling to the NR base station, so that the NR base station obtains the changed transmission capability of the terminal from the RRC signaling). Regarding claim 10, Hong in view of Jassal discloses the method according to claim 8, wherein said receiving the updated UE capability information sent from the UE when the UE satisfying the preset condition, comprises: receiving the updated UE capability information reported by the UE via triggering to a network when a reporting condition is met (Hong, [0164-0172], [0189] In step 110, that a transmission capability of the terminal has changed is determined. In step 120, capability update report information is generated. The capability update report information includes the changed transmission capability of the terminal. In step 520, according to the capability update indication information, whether the NR base station allows the terminal to report a changed transmission capability is determined). Regarding claim 11, Hong in view of Jassal discloses the method according to claim 10, further comprising: configuring a switch for the UE to indicate allowing or disabling of the reporting of the updated UE capability information; wherein said receiving the updated UE capability information reported by the UE via triggering to the network when the reporting condition is met, comprises: receiving the updated UE capability information reported by the UE via triggering to the network when the UE determining that the switch indicates allowing of the reporting of the updated UE capability information (Hong, [0164-0172], the terminal may not directly and dynamically report the changed transmission capability to the LTE base station, but may directly report the changed transmission capability to the NR base station which forwards the changed transmission capability of the terminal to the LTE base station). Regarding claims 12, Hong in view of Jassal discloses the method according to claim 10, wherein said receiving the request for reporting the updated UE capability information from the UE, comprises: receiving the request for reporting the updated UE capability information from the UE through information bits in UCI on a PUCCH (Jassal, embodiment 6, the network can be configured with signaling mechanisms to configure a UE's AI module for performing a given task for wireless communications. The signaling mechanism allows the network to configure the UE's behavior through its AI module. Configuring the AI module entails configuring the task or tasks it carries out and its internal structure. This allows the network to customize each UE's behavior and its hardware and provides a signaling framework to achieve such customization of UE behavior). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIRAPON TULOP whose telephone number is (571)270-7491. The examiner can normally be reached Monday to Friday, 10:00AM-6:00PM. 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, Ahmad Matar can be reached at 571-272-7488. 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. /JIRAPON TULOP/Examiner, Art Unit 2693
Read full office action

Prosecution Timeline

Jan 12, 2024
Application Filed
Jan 24, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12556632
METHOD AND SYSTEM FOR SURFACING INCOMING CALL DISPLAY DATA
2y 5m to grant Granted Feb 17, 2026
Patent 12536433
COMPUTER-BASED SYSTEMS CONFIGURED FOR CONTEXT-AWARE CALLER IDENTIFICATION AND METHODS OF USE THEREOF
2y 5m to grant Granted Jan 27, 2026
Patent 12517263
COMMON TIMING OFFSET SIGNALING IN A NON-TERRESTRIAL NETWORK
2y 5m to grant Granted Jan 06, 2026
Patent 12507037
SYSTEMS AND METHODS FOR ASSOCIATING AN OPERATOR WITH A VEHICLE
2y 5m to grant Granted Dec 23, 2025
Patent 12501254
COMPUTING WORKLOAD MANAGEMENT IN NEXT GENERATION CELLULAR NETWORKS
2y 5m to grant Granted Dec 16, 2025
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

1-2
Expected OA Rounds
69%
Grant Probability
93%
With Interview (+23.9%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 496 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