Prosecution Insights
Last updated: April 19, 2026
Application No. 18/579,428

METHOD OF CONTROLLING A TERMINAL AND COMMUNICATION DEVICE

Non-Final OA §103
Filed
Jan 15, 2024
Examiner
ABU ROUMI, MAHRAN Y
Art Unit
2455
Tech Center
2400 — Computer Networks
Assignee
BEIJING XIAOMI MOBILE SOFTWARE CO., LTD.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
425 granted / 586 resolved
+14.5% vs TC avg
Strong +34% interview lift
Without
With
+34.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
35 currently pending
Career history
621
Total Applications
across all art units

Statute-Specific Performance

§101
12.3%
-27.7% vs TC avg
§103
51.2%
+11.2% vs TC avg
§102
9.6%
-30.4% vs TC avg
§112
17.0%
-23.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 586 resolved cases

Office Action

§103
DETAILED ACTION This communication is in responsive to Application 18/579428 filed on 1/15/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Status of Claims: Claims 1-12 and 16-21 are presented for examination. Information Disclosure Statement 3. The Information Disclosure Statements (IDS)s comply with 37 CFR 1.97 provisions. Accordingly, the Examiner has considered the IDS. 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. 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 1-3, 5-12 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Guangdong Oppo (hereinafter Oppo, attached) WO2019024108A1 in view of Yin Gao (hereinafter Gao, attached) WO2009086787A1. Regarding Claim 1, Oppo teaches a method of controlling a terminal (P. 6, see Fig. 2, step 201; terminal [terminal] completing an initial access process with a source access network device), performed by a first network device (P. 6, see Fig. 2, step 202; source access network device [first network device]), wherein the first network device is a network device that currently provides services to the terminal (P. 6, see Fig. 2, step 202; source access network device [first network device] acquiring context information of the terminal by establishing a context session with an MME to which the terminal belongs), the method comprising: sending control information to the terminal to control the terminal in response to a handover request acknowledgement message received from a second network device (P. 6, see Fig. 2, step 205; when the source access network device determines that the terminal needs to be handed over, the source access network device sending a handover request to a target access network device [second network device]. Step 206; target access network device storing the context information of the terminal. Step 207; target access network device sending a handover acknowledge request [handover request acknowledge message] to the source access network device. Step 208; the source access network device handing over the terminal to the target access network device [performing control behavior which corresponds to the second network device, on the terminal device]. Step 209: transferring an SI path from the source access network device to the target access network device [terminal device being handed over to the second network device]), Oppo does not expressly teach wherein the control information indicates a control action corresponding to a type of the second network device. This limitation, however, is suggested because Oppo is directed to a terminal handover operation on the basis of a handover acknowledge message sent by a second network device. In the filed of communications, the implementation of handover usually require/suggests acquiring the type of device before the handover. Despite that, Examiner cites to Gao to support Oppo’s teachings. Gao is directed to an LTE-based cell type notification system according to an embodiment of the present invention (P. 3 last paragraph “a request message…Fig. 5 is a schematic”) and teaches “wherein the control information indicates a control action corresponding to a type of the second network device” (Gao discloses a cell type notification based on LTE system. See Fig. 4, steps 402-408 (P. 3 last paragraph “a request message…Fig. 5 is a schematic”) where Gao informs the cell type information during X2 setup and maintain the cell type information in the neighbor list, the cell type information can be utilized to select a suitable handover target cell for the UE). It would have been obvious to one of ordinary skill in the art to incorporate Gao’s device’s type into the system of Oppo in order to use the cell type information to select a suitable handover target cell for the UE to implement handover decision optimization. Utilizing such teachings improve the switching success rate (P. 3 last paragraph “a request message…Fig. 5 is a schematic”). Regarding Claim 2, Oppo in view of Gao teaches the method according to claim 1, wherein before sending the control information to the terminal, the method further comprises: determining the type of the second network device in response to a measurement report received from the terminal (P. 6, Fig. 2 step 204; Oppo is directed to a terminal handover operation on the basis of a handover acknowledge message sent by a second network device. In the filed of communications, the implementation of handover usually require/suggests acquiring the type of device before the handover. For example, the terminal completes a measurement process of the neighboring cell. The terminal measures the measurement object according to the configuration information sent by the source access network device, and sends a measurement report to the source access network device, so that the access network device can determine whether the terminal performs cell handover according to the measurement report. Despite that, Gao expressly teach the type in X2 setup, See Fig. 4, steps 402-408 (P. 3 last paragraph “a request message…Fig. 5 is a schematic”)). Regarding Claim 3, Oppo in view of Gao teaches the method according to claim 2, Oppo further teaches wherein the determining the type of the second network device comprises: determining the type of the second network device according to type information sent by the terminal, wherein the type information indicates the type of the second network device (obvious from P. 6, Fig. 2 step 204 where 204 because Oppo is directed to a terminal handover operation on the basis of a handover acknowledge message sent by a second network device. In the filed of communications, the implementation of handover usually require/suggests acquiring the type of device before the handover. For example, the terminal completes a measurement process of the neighboring cell. The terminal measures the measurement object according to the configuration information sent by the source access network device, and sends a measurement report to the source access network device, so that the access network device can determine whether the terminal performs cell handover according to the measurement report). Regarding Claim 5, Oppo in view of Gao teaches the method according to claim 2, Gao further teaches wherein the determining the type of the second network device comprises: determining the type of the second network device according to type information sent by the second network device, wherein the type information indicates the type of the second network device (see Fig. 4, steps 402-408 (P. 3 last paragraph “a request message…Fig. 5 is a schematic”)). Regarding Claim 6, Oppo in view of Gao teaches the method according to claim 5, Gao further teaches wherein the type information being sent by the second network device to the first network device by at least one of: an X2 Setup Request signalling (see Fig. 4, steps 402-408 see X2 setup (P. 3 last paragraph “a request message…Fig. 5 is a schematic”)); an X2 Setup Response signalling; an XN Setup Request signalling; an XN Setup Response signalling; or a handover request acknowledgement message. Regarding Claim 7, Oppo in view of Gao teaches the method according to claim 1, Oppo further teaches wherein the sending the control information to the terminal comprises: sending the control information to the terminal through a radio resource control (RRC) connection reconfiguration signalling (see summary, RRC is used by the terminal device); or sending the control information to the terminal through an RRC reconfiguration signalling; or sending the control information to the terminal through a mobility control signalling. Regarding Claim 8, Oppo teaches a method of controlling a terminal, performed by the terminal (P. 6, see Fig. 2, step 201; terminal [terminal] completing an initial access process with a source access network device) and comprising: receiving control information sent by a first network device, wherein the first network device is a network device that currently provides services for the terminal (P. 6, see Fig. 2, step 202; source access network device [first network device] acquiring context information of the terminal by establishing a context session with an MME to which the terminal belongs), and the control information indicates a control action corresponding to a type of a second network device to which the terminal is to perform a handover (P. 6, see Fig. 2, step 205; when the source access network device [first network device] determines that the terminal needs to be handed over, the source access network device [first network device] sending a handover request to a target access network device [second network device]. Step 206; target access network device storing the context information of the terminal. Step 207; target access network device [second network device] sending a handover acknowledge request to the source access network device); and performing a handover to the second network device and performing the control action based on the control information (P. 6, see Fig. 2, Step 208; the source access network device handing over the terminal to the target access network device [performing control behavior which corresponds to the second network device, on the terminal device]. Step 209: transferring an SI path from the source access network device to the target access network device [terminal device being handed over to the second network device]). Oppo does not expressly teach “… corresponding to a type of the second network device.” This limitation, however, is suggested because Oppo is directed to a terminal handover operation on the basis of a handover acknowledge message sent by a second network device. In the communications filed of technology, the implementation of handover usually require/suggests acquiring the type of device before the handover. Despite that, Examiner cites to Gao to support Oppo’s teachings. Gao is directed to an LTE-based cell type notification system according to an embodiment of the present invention (P. 3 last paragraph “a request message…Fig. 5 is a schematic”) and teaches “… corresponding to a type of the second network device” (Gao discloses a cell type notification based on LTE system. See Fig. 4, steps 402-408 (P. 3 last paragraph “a request message…Fig. 5 is a schematic”) where Gao informs the cell type information during X2 setup and maintain the cell type information in the neighbor list, the cell type information can be utilized to select a suitable handover target cell for the UE). It would have been obvious to one of ordinary skill in the art to incorporate Gao’s device’s type into the system of Oppo in order to use the cell type information to select a suitable handover target cell for the UE to implement handover decision optimization. Utilizing such teachings improve the switching success rate (P. 3 last paragraph “a request message…Fig. 5 is a schematic”). Regarding Claim 9, Oppo in view of Gao teaches the method according to claim 8, wherein the method further comprises: sending type information to the first network device, wherein the type information indicates the type of the second network device (P. 6, Fig. 2 step 204; Oppo is directed to a terminal handover operation on the basis of a handover acknowledge message sent by a second network device. In the filed of communications, the implementation of handover usually require/suggests acquiring the type of device before the handover. For example, the terminal completes a measurement process of the neighboring cell. The terminal measures the measurement object according to the configuration information sent by the source access network device, and sends a measurement report to the source access network device, so that the access network device can determine whether the terminal performs cell handover according to the measurement report. Despite that, Gao expressly teach the type in X2 setup, See Fig. 4, steps 402-408 (P. 3 last paragraph “a request message…Fig. 5 is a schematic”)). Regarding Claim 10, Oppo in view of Gao teaches the method according to claim 8, Oppo further teaches wherein the terminal receives the control information from the first network device by at least one of: a radio resource control (RRC) connection reconfiguration signalling (see summary, RRC is used by the terminal device); an RRC reconfiguration signalling; or a mobility control signalling. Regarding Claim 11, Oppo teaches a method of controlling a terminal (P. 6, see Fig. 2, step 201; terminal [terminal] completing an initial access process with a source access network device), performed by a second network device to which the terminal is to perform a handover (P. 6, see Fig. 2, the source access network device sending a handover request to a target access network device [second network device]) and comprising: sending type information to a first network device, wherein the first network device is a network device that currently provides services for the terminal (P. 6, see Fig. 2, step 205; when the source access network device [first network device] determines that the terminal needs to be handed over, the source access network device sending a handover request to a target access network device [second network device]), Oppo does not expressly teach “type information” “and the type information indicates a type of the second network device.” This limitation, however, is suggested because Oppo is directed to a terminal handover operation on the basis of a handover acknowledge message sent by a second network device. In the communications filed of technology, the implementation of handover usually require/suggests acquiring the type of device before the handover. Despite that, Examiner cites to Gao to support Oppo’s teachings. Gao is directed to an LTE-based cell type notification system according to an embodiment of the present invention (P. 3 last paragraph “a request message…Fig. 5 is a schematic”) and teaches “type information” “and the type information indicates a type of the second network device” (Gao discloses a cell type notification based on LTE system. See Fig. 4, steps 402-408 (P. 3 last paragraph “a request message…Fig. 5 is a schematic”) where Gao informs the cell type information during X2 setup and maintain the cell type information in the neighbor list, the cell type information can be utilized to select a suitable handover target cell for the UE). It would have been obvious to one of ordinary skill in the art to incorporate Gao’s device’s type into the system of Oppo in order to use the cell type information to select a suitable handover target cell for the UE to implement handover decision optimization. Utilizing such teachings improve the switching success rate (P. 3 last paragraph “a request message…Fig. 5 is a schematic”). Regarding Claim 12, Oppo in view of Gao teaches the method according to claim 11, Gao further teaches wherein the second network device sends the type information to the first network device by at least one of: an X2 Setup Request signalling; an X2 Setup Response signalling (see Fig. 4, steps 402-408 see X2 setup (P. 3 last paragraph “a request message…Fig. 5 is a schematic”)); an XN Setup Request signalling; an XN Setup Response signalling; or a handover request acknowledgement message. Claims 16-21 are substantially similar to claims 1, 8 and 11 above. The device components like transceiver, storage, processor are known in the art and inherent from the terminal in network participating in a handover process in Oppo’s teachings like Fig. 2. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Oppo in view of Gao and further in view of Yu et al. (hereinafter Yu) US 2017/0311208 A1. Regarding Claim 4, Oppo in view of Gao teaches the method according to claim 2, but do not expressly teach wherein the determining the type of the second network device comprises: determining the type of the second network device according to type information sent by an operations administration and maintenance (OAM) network element, wherein the type information indicates the type of the second network device. Yu teaches wherein the determining the type of the second network device comprises: determining the type of the second network device according to type information sent by an operations administration and maintenance (OAM) network element, wherein the type information indicates the type of the second network device (¶0111; during X2 setup, connecting parameters that includes device type and capabilities is sent to the serving base station from OAM during the handover procedure). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed limitation to incorporate the teachings of Yu into the system of Oppo in view of Gao in order to provides critical, proactive management for complex networks (especially Ethernet), ensuring high availability, reduced downtime, and lower operational costs. Key benefits include rapid fault detection/localization, performance monitoring, remote troubleshooting, and enhanced security, ultimately ensuring service level agreements (SLAs) are met (common knowledge). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHRAN ABU ROUMI whose telephone number is (469)295-9170. The examiner can normally be reached Monday-Thursday 6AM-5PM. 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, Emmanuel Moise can be reached at 571-272-3865. 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. MAHRAN ABU ROUMI Primary Examiner Art Unit 2455 /MAHRAN Y ABU ROUMI/Primary Examiner, Art Unit 2455
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Prosecution Timeline

Jan 15, 2024
Application Filed
Mar 04, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+34.0%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 586 resolved cases by this examiner. Grant probability derived from career allow rate.

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