Prosecution Insights
Last updated: April 19, 2026
Application No. 18/580,490

CONFIGURATION ENHANCEMENTS FOR AN INTRA-GNB-DU INTRA-FREQUENCY L1/L2 INTER CELL CHANGE

Non-Final OA §103§112
Filed
Jan 18, 2024
Examiner
CRAVER, CHARLES R
Art Unit
3992
Tech Center
3900
Assignee
Nokia Technologies Oy
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
4y 1m
To Grant
83%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
53 granted / 88 resolved
At TC average
Strong +23% interview lift
Without
With
+22.7%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
22 currently pending
Career history
110
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
30.8%
-9.2% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
32.0%
-8.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 88 resolved cases

Office Action

§103 §112
DETAILED ACTION 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 . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claim 74 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 74 recites the limitation "the target cell". There is insufficient antecedent basis for this limitation in the claim. 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. Claims 57-63, 65-72, and 74-76 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TSG-RAN WG3 Meeting #112-e “Discussions on L1/L2-centric inter-cell mobility”, R3-212510 to Huawei (“Huawei”) in view of WO2019/244940A1 to Paterson (“Paterson”). As to claim 57, Huawei discloses An apparatus, comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: generate, by a centralized unit of a network node of a network, respective indications of […] (ii) a subset of the plurality of cells for preparation of preconfiguration for a layer 1 based mobility procedure, the subset not including the serving cell; transmit, by the centralized unit, the respective indications to the distributed unit; Huawei discloses a gNB-CU (reads centralized unit of a network node of a network) generating indications of a plurality of candidate cells for the purposes of preparation of configuring (reads here “preconfiguring”) for a L1/L2 mobility procedure. Huawei at Sec. 2.1.1, “in L1/L2-centric inter-cell mobility, the RRC configuration of candidate cells (non-serving cells) may need to be pre-configured to UE”, “the gNB-CU is supposed to initiate UE Context Setup procedure towards all candidate gNB-DUs to obtain the RRC configuration of these candidate cells in advance”. The indications are forwarded to the DU. Id., “gNB-CU sends an UE CONTEXT MODIFICATION REQUEST message to the gNB-DU”. The gNB-CU is an apparatus and inherently comprises a processor and memory storing instructions for running the process. receive, by the centralized unit from the distributed unit, configuration data including […] (ii) a second configuration for cells of the subset of the plurality of cells; and transmit, by the centralized unit, the configuration data to the user equipment. Huawei discloses that the CU receives in response, from the DU, configuration data as to the subset for which the indication/s were sent from the CU to the DU, and that the CU subsequently forwards the configuration data to the UE. Huawei at Sec. 2.1.1, “gNB-DU responds with an UE CONTEXT MODIFICATION RESPONSE message which includes the configuration information of all candidate cells”, “gNB-CU generates an RRCReconfiguration message and sends it to the gNB-DU via a DL RRC MESSAGE”, and “gNB-DU forwards the received RRCReconfiguration message to the UE”. paragraph 2.1.1). Huawei does not disclose including an indication of the serving cell or receiving and forwarding a configuration for the serving cell. In a similar field of endeavor, Paterson discloses an L1/L2 mobility system in a gNB CU and DU. Paterson at ¶¶3 and 9-14. Paterson states that, when a CU sends a UE CONTEXT MODIFICATION REQUEST, the DU may respond with its entire configuration which includes those of both serving and candidate cells. Id. at ¶¶69-71 and claim 23. Therefore it would have been obvious to one of ordinary skill in the art at the time of the instant filing to modify Huawei in such a manner. This is because it would have been considered merely an example of applying a known technique to a known device ready for improvement, yielding predictable results. MPEP § 2143 I. D., citing KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Notably, the instant disclosure states that such is conventional. Specification at ¶¶40-41. Further as to claim 58: The apparatus as in claim 57, wherein the instructions, when executed by the at least one processor, cause the apparatus at least to: receive, by the centralized unit, a request to access the network from a cell of the plurality of cells. Huawei and Paterson both disclose the process may be for handover, which is a request to access the network from a cell of the plurality of cells. Paterson at ¶36. Further as to claim 59: The apparatus as in claim 58, wherein the request specifies the cell of the network node. Huawei discloses that the handover request specifies a cell. Huawei at Sec. 2.1.2. Further as to claim 60: The apparatus as in claim 58, wherein the request is received during a mobility operation to the cell of the plurality of cells, or during an initial access of the user equipment to the network node. As noted above as to claims 58 and 59, Huawei and Paterson disclose handover. Further as to claim 61: The apparatus as in claim 57, wherein the subset of the plurality of cells are configured with a common frequency band. Huawei and Paterson both teach an LTE system wherein a subset of cells are provisioned by the DU, which means a common frequency band. Paterson at ¶4. Further as to claim 62: The apparatus as in claim 57, wherein at least one cell of the subset of the plurality of cells is configured with a frequency band different from that of another cell of the subset, and wherein the configuration data for the subset includes a full configuration for the at least one cell. Huawei and Paterson both teach a combined LTE and 5G system wherein a subset of cells are provisioned by the DU, which includes different frequency bands. Paterson at ¶4. Paterson, as noted above as to claim 57, discloses the DU being requested and providing a full configuration. Further as to claim 63: The apparatus as in claim 57, wherein the configuration data further includes a configuration of the user equipment such that the user equipment reports inter-cell layer one measurements to the distributed unit. Paterson states that the UE reports inter-cell L1 measurements to the DU. Paterson at FIG 6 step S601 and at ¶79. Huawei discloses the UE reporting inter-cell L1 measurements to the DU. Huawei at Sec. 2.1.2. Further as to claim 65: The apparatus as in claim 57, wherein the instructions, when executed by the at least one processor, cause the apparatus at least to: receive, from the distributed unit, an indication that the user equipment has changed its serving cell to a target cell, the indication including an identifier identifying the target cell; and perform or not perform a handover operation based on the target cell. Huawei and Paterson both disclose handover where the UE changes its serving cell to a target cell, and that the target cell is part of the indicated cells. Paterson at ¶36, Huawei at Sec. 2.1.2. Further as to claim 66: The apparatus as in claim 65, wherein the instructions, when executed by the at least one processor, cause the apparatus at least to: determine, based on the indication, whether the target cell is served by the distributed unit. Huawei discloses that the target cell is served by the DU, which means it is determined. Huawei at Sec. 2.1.1 and 2.1.2. Further as to claim 67: The apparatus as in claim 65, wherein the instructions, when executed by the at least one processor, cause the apparatus at least to: determine, based on the indication, a current serving cell serving the user equipment. As noted above as to claim 57, the indication identifies the serving and candidate cells. This would indicate the serving cell. Further as to claim 68: The apparatus as in claim 57, wherein the first configuration is a full configuration and the second configuration is a delta configuration. Paterson discloses that the configurations may be full or delta configurations. Paterson at ¶¶7-8. As to claim 69, Huawei discloses: A method, comprising: generating, by a centralized unit of a network node of a network, respective indications of […] (ii) a subset of the plurality of cells for preparation of preconfiguration for a layer1 based mobility procedure, the subset not including the serving cell; transmitting, by the centralized unit, the respective indications to the distributed unit; Huawei discloses a gNB-CU (reads centralized unit of a network node of a network) generating indications of a plurality of candidate cells for the purposes of preparation of configuring (reads here “preconfiguring”) for a L1/L2 mobility procedure. Huawei at Sec. 2.1.1, “in L1/L2-centric inter-cell mobility, the RRC configuration of candidate cells (non-serving cells) may need to be pre-configured to UE”, “the gNB-CU is supposed to initiate UE Context Setup procedure towards all candidate gNB-DUs to obtain the RRC configuration of these candidate cells in advance”. The indications are forwarded to the DU. Id., “gNB-CU sends an UE CONTEXT MODIFICATION REQUEST message to the gNB-DU”. The gNB-CU is an apparatus and inherently comprises a processor and memory storing instructions for running the process. receiving, by the centralized unit from the distributed unit, configuration data including […] (ii) a second configuration for cells of the subset of the plurality of cells; and transmitting, by the centralized unit, the configuration data to the user equipment. Huawei discloses that the CU receives in response, from the DU, configuration data as to the subset for which the indication/s were sent from the CU to the DU, and that the CU subsequently forwards the configuration data to the UE. Huawei at Sec. 2.1.1, “gNB-DU responds with an UE CONTEXT MODIFICATION RESPONSE message which includes the configuration information of all candidate cells”, “gNB-CU generates an RRCReconfiguration message and sends it to the gNB-DU via a DL RRC MESSAGE”, and “gNB-DU forwards the received RRCReconfiguration message to the UE”. paragraph 2.1.1). Huawei does not disclose including an indication of the serving cell or receiving and forwarding a configuration for the serving cell. In a similar field of endeavor, Paterson discloses an L1/L2 mobility system in a gNB CU and DU. Paterson at ¶¶3 and 9-14. Paterson states that, when a CU sends a UE CONTEXT MODIFICATION REQUEST, the DU may respond with its entire configuration which includes those of both serving and candidate cells. Id. at ¶¶69-71 and claim 23. Therefore it would have been obvious to one of ordinary skill in the art at the time of the instant filing to modify Huawei in such a manner. This is because it would have been considered merely an example of applying a known technique to a known device ready for improvement, yielding predictable results. MPEP § 2143 I. D., citing KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Notably, the instant disclosure states that such is conventional. Specification at ¶¶40-41. As to claim 70, Huawei discloses: An apparatus, comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: receive, by a distributed unit of a network node of a network from a centralized unit of the network node, indication data including respective indications of […] (ii) a subset of the plurality of cells for preparation of preconfiguration for a layer1 based mobility procedure, the subset not including the serving cell; Huawei discloses a gNB-CU (reads centralized unit of a network node of a network) generating indications of a plurality of candidate cells for the purposes of preparation of configuring (reads here “preconfiguring”) for a L1/L2 mobility procedure and sending them to a gNB-DU. Huawei at Sec. 2.1.1, “in L1/L2-centric inter-cell mobility, the RRC configuration of candidate cells (non-serving cells) may need to be pre-configured to UE”, “the gNB-CU is supposed to initiate UE Context Setup procedure towards all candidate gNB-DUs to obtain the RRC configuration of these candidate cells in advance”. The indications are forwarded to the DU. Id., “gNB-CU sends an UE CONTEXT MODIFICATION REQUEST message to the gNB-DU”. The gNB-DU is an apparatus and inherently comprises a processor and memory storing instructions for running the process. generate, by the distributed unit, configuration data including […] (ii) a second configuration for cells of the subset of the plurality of cells; and transmit, by the distributed unit, the configuration data to the centralized unit. Huawei discloses that the CU receives in response, from the DU, generated configuration data as to the subset for which the indication/s were sent from the CU to the DU, and that the CU subsequently forwards the configuration data to the UE. Huawei at Sec. 2.1.1, “gNB-DU responds with an UE CONTEXT MODIFICATION RESPONSE message which includes the configuration information of all candidate cells”, “gNB-CU generates an RRCReconfiguration message and sends it to the gNB-DU via a DL RRC MESSAGE”, and “gNB-DU forwards the received RRCReconfiguration message to the UE”. paragraph 2.1.1). Huawei does not disclose including an indication of the serving cell or receiving and forwarding a configuration for the serving cell. In a similar field of endeavor, Paterson discloses an L1/L2 mobility system in a gNB CU and DU. Paterson at ¶¶3 and 9-14. Paterson states that, when a CU sends a UE CONTEXT MODIFICATION REQUEST, the DU may respond with its entire configuration which includes those of both serving and candidate cells. Id. at ¶¶69-71 and claim 23. Therefore it would have been obvious to one of ordinary skill in the art at the time of the instant filing to modify Huawei in such a manner. This is because it would have been considered merely an example of applying a known technique to a known device ready for improvement, yielding predictable results. MPEP § 2143 I. D., citing KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Notably, the instant disclosure states that such is conventional. Specification at ¶¶40-41. Further as to claim 71: The apparatus as in claim 70, wherein at least one cell of the subset of the plurality of cells is configured with a frequency band different from that of another cell of the subset, and wherein the configuration data includes a full configuration for the at least one cell. Huawei and Paterson both teach a combined LTE and 5G system wherein a subset of cells are provisioned by the DU, which includes different frequency bands. Paterson at ¶4. Paterson, as noted above as to claim 57, discloses the DU being requested and providing a full configuration. Further as to claim 72: The apparatus as in claim 70, wherein the configuration data further includes a configuration of the user equipment such that the user equipment reports inter-cell layer one measurements to the distributed unit. Paterson states that the UE reports inter-cell L1 measurements to the DU. Paterson at FIG 6 step S601 and at ¶79. Huawei discloses the UE reporting inter-cell L1 measurements to the DU. Huawei at Sec. 2.1.2. Further as to claim 74: The apparatus as in claim 70, wherein the instructions, when executed by the at least one processor, cause the apparatus at least to: transmit, to the centralized unit, an indication that the user equipment has changed its serving cell to the target cell. Huawei and Paterson both disclose handover where the UE changes its serving cell to a target cell, and that the target cell is part of the indicated cells. Paterson at ¶36, Huawei at Sec. 2.1.2. Further as to claim 75: The apparatus as in claim 70, wherein the first configuration is a full configuration and the second configuration is a delta configuration. Paterson discloses that the configurations may be full or delta configurations. Paterson at ¶¶7-8. Further as to claim 76: The apparatus as in claim 70, wherein the receiving of the respective indications, and the transmitting of configuration data are included in respective single procedures or messages. While not disclosing respective single messages, one of ordinary skill in the art would have understood such to be obvious over Huawei in view of Paterson as such was merely an example of making separable, a widely-known rationale for obviousness. MPEP § 2144.04 V. C., citing In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). Claim 64 is rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TSG-RAN WG3 Meeting #112-e “Discussions on L1/L2-centric inter-cell mobility”, R3-212510 to Huawei (“Huawei”) in view of WO2019/244940A1 to Paterson (“Paterson”) as applied to claim 63 above, and further in view of U.S. Pat. PGPUB 2021/0235338A1 to Zhang et al. (“Zhang”). As to claim 64: The apparatus as in claim 63, wherein the respective indications cause the distributed unit to be triggered to allocate layer one/layer two resources in response to an inter-cell layer one measurement being greater than a threshold. While disclosing applicant’s claim 63 above, Huawei in view of Paterson fails to disclose that handover (allocating L1/L2 resources) in response to L1 measurements are based on the measurements being over a threshold. Zhang discloses a similar endeavor, namely L1/L2 handover in an LTE/5G NR system. Zhang at FIGS 1 and 4 and at ¶¶3-4 and 94-95. Zhang specifies that L1/L2 handover may be initiated when measurements from the UE exceed a threshold. Id. at ¶¶87 and 101. Therefore it would have been obvious to one of ordinary skill in the art at the time of the instant filing to modify Huawei in view of Paterson in such a manner. This is because it would have been considered merely an example of applying a known technique to a known device ready for improvement, yielding predictable results. MPEP § 2143 I. D., citing KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Claim 73 is rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TSG-RAN WG3 Meeting #112-e “Discussions on L1/L2-centric inter-cell mobility”, R3-212510 to Huawei (“Huawei”) in view of WO2019/244940A1 to Paterson (“Paterson”) as applied to claim 72 above, and further in view of U.S. Pat. PGPUB 2021/0235338A1 to Zhang et al. (“Zhang”). As to claim 73: The apparatus as in claim 72, wherein the respective indications cause the distributed unit to be triggered to allocate layer one/layer two resources in response to an inter-cell layer one measurement being greater than a threshold. While disclosing applicant’s claim 72 above, Huawei in view of Paterson fails to disclose that handover (allocating L1/L2 resources) in response to L1 measurements are based on the measurements being over a threshold. Zhang discloses a similar endeavor, namely L1/L2 handover in an LTE/5G NR system. Zhang at FIGS 1 and 4 and at ¶¶3-4 and 94-95. Zhang specifies that L1/L2 handover may be initiated when measurements from the UE exceed a threshold. Id. at ¶¶87 and 101. Therefore it would have been obvious to one of ordinary skill in the art at the time of the instant filing to modify Huawei in view of Paterson in such a manner. This is because it would have been considered merely an example of applying a known technique to a known device ready for improvement, yielding predictable results. MPEP § 2143 I. D., citing KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). Conclusion Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Charles Craver whose telephone number is (571) 272-7849. The Examiner can normally be reached on Monday - Friday 8:30-5:30 PT Pacific Time. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Andrew J. Fischer can be reached on 571-272-6779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Signed, /CHARLES R CRAVER/Primary Examiner, Art Unit 3992
Read full office action

Prosecution Timeline

Jan 18, 2024
Application Filed
Jan 01, 2026
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
60%
Grant Probability
83%
With Interview (+22.7%)
4y 1m
Median Time to Grant
Low
PTA Risk
Based on 88 resolved cases by this examiner. Grant probability derived from career allow rate.

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