Prosecution Insights
Last updated: April 19, 2026
Application No. 18/587,389

COMMUNICATION APPARATUS, BASE STATION AND METHOD

Non-Final OA §102
Filed
Feb 26, 2024
Examiner
ESCALANTE, OVIDIO
Art Unit
3992
Tech Center
3900
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
83%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
150 granted / 205 resolved
+13.2% vs TC avg
Moderate +10% lift
Without
With
+9.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
47 currently pending
Career history
252
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
30.3%
-9.7% vs TC avg
§102
16.4%
-23.6% vs TC avg
§112
25.9%
-14.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 205 resolved cases

Office Action

§102
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 § 102 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. 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) 1-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Phuyal et al. 2022/0386208. Regarding claim 1: A communication apparatus comprising: a memory storing a program; and one or more processors configured to execute the program to: Phuyal discloses a first base station which includes a transceiver, a memory and a processor coupled to the transceiver and the memory. See paragraph [0010]. Phuyal also discloses a network unit which includes a transceiver, a memory, and a processor which is configured to receive an indication of a handover of an unmanned aerial vehicle from a first base station to a second base station. See paragraph [0011]. See also Fig. 3, Fig 8 and paragraphs [0099-0102] and paragraphs [0059-0061] which discloses that the network unit includes processor, memory and instructions. See paragraph [0091] which discloses that “instructions” refers to one or more programs, routines, sub-routines, functions, procedures, etc. obtain path information including information for indicating each of a plurality of waypoints and information for indicating each of a plurality of timestamps, the each of the plurality of timestamps indicating a time to arrive at the each of the plurality of waypoints; As set forth in paragraph [0050], Phuyal explains that the UE may be a UAV which has flight path information that defines waypoints and expected time of arrival (timestamps) of the UAV at those waypoints. Phuyal states that the network supports methods of communicating the flight path to a target Base Station (BS). See also paragraph [0054] which discloses that the complete flight path including all waypoints with expected time of arrival is obtained and communicated to the target BS. See also paragraph [0135]. As explained in paragraphs [0056-0064], which discusses the functions of a network unit, flight path information is received from a server, intermediate network nodes or the UE. transmit, to a base station, a first radio resource control, RRC, message including the path information; and As set forth above, Phuyal discloses the transmission of flight path information to a target base station. In paragraph [0052], Phuyal discloses that the UE is connected in a RRC connected state to the BS. In addition, Phuyal states that the source BS may communicated the UE’s RRC context information and flight path information to the target base station. See also paragraph [0053] which discloses that the flight path information is sent using RRC signaling. See also paragraphs [0062], [0064], [0069], [0117] transmit, to the base station, a second RRC message including information for indicating an availability of the path information in a case where the communication apparatus has at least one waypoint which is not included in the path information previously transmitted to the base station. As set forth in paragraph [0087], the UE may change its waypoints based on the occurrence of events and may update the flight path. As further disclosed in paragraph [0088], the network can communicate the updated information to a target information. As set forth above, Phuyal discloses in at least paragraphs [0052-0053] that the flight path information to the target base station occurs via RRC signaling and the UE is in a RRC connected state. In addition, since the flight path information is “new”, then this information was not previously provided. See paragraph [0073] and [0088] which discloses that updated flight path is available. See also paragraph [0094], [0104] and [0112] which discloses the transmission of an indicator to the target base station which indicates that updated flightpath information is available. Regarding claim 2: The communication apparatus according to claim 1, wherein the one or more processors are configured to execute the program to: receive, from the base station, a third RRC message including information for requesting transmission of the path information; and As set forth in paragraph [0032],the target base station may request the updated flight path information. In addition, as set forth in paragraph [0053],the target BS may transmit a flightPathInfoRequest message in a UEInformationRequest message for request transmission of flightpath information. Phuyal states that the UE and the base station are in a RRC connected state and that RRC signaling is used for the transmission of messages. See also paragraph [0055] transmit in response to the reception of the third RRC message including the information for requesting transmission of the path information, to the base station, the first RRC message including the path information. As set forth in paragraph [0053], in response to the transmission of a UEInformationRequest message, the flight path information using RRC signaling may be transmitted. As set forth above, the initial flight path information uses the ‘first’ RRC message, and the updated flight path information uses a second message RRC message and the request from the target base station is the third RRC message. Regarding claim 3: The communication apparatus according to claim 1, wherein the first RRC message includes a UEInformationResponse message, and As set forth in paragraphs [0077-0080], the target base station may transmit a request for flight path information. Thus, the first RRC message as set forth above in claim 1 which provide the flight path information is a “UEInformationResponse” message since it is responding the target BS request for the flight path information. See also paragraph [0053] which discloses that after the target base station makes a request, the will response with the flight path information. Hence the first RRC message is a UEInformationResponse message. the second RRC message includes a message of the completion of an RRC connection re-establishment, a message of the completion of an RRC connection reconfiguration, a message of the completion of an RRC connection establishment, or a message of the completion of an RRC connection resumption. As set forth in paragraph [0071], a RRC reconfiguration completion message is transmitted. See also paragraph [0083]. As explained in paragraph [0114], the RRC reconfiguration is part of the handover process and includes the transmission of flight path information. See also paragraph [0055]. Regarding claim 4: The communication apparatus according to claim 2, wherein the third RRC message includes a UEInformationRequest message. As explained in paragraph [0120], the flight path information may be requested in a UEInformationRequest message. See also paragraphs [0053] and [0062]. Regarding claim 5: The communication apparatus according to claim 1, wherein the path information includes information of a flight path or a moving path. See paragraphs [0010] and [0031] which discloses that the path information includes information of a flight path. Regarding claim 6: A base station comprising: a memory storing a program; and one or more processors configured to execute the program to: See Figure 8 which discloses a base station with a memory storing a program (instructions), and a processor. See also paragraph [0099]. See paragraph [0091] which discloses that “instructions” refers to one or more programs, routines, sub-routines, functions, procedures, etc. receive, from a communication apparatus, a first radio resource control, RRC, message including path information, the path information including information for indicating each of a plurality of waypoints and information for indicating each of a plurality of timestamps, the each of the plurality of timestamps indicating a time to arrive at the each of the plurality of waypoints; As set forth in paragraph [0053], the network unit can be configured to communicate flight path information to a target base station and thus the target base station receives the flight path information. See also paragraphs [0058-0064] As set forth in paragraph [0050], Phuyal explains that the UE may be a UAV which has flight path information that defines waypoints and expected time of arrival (timestamps) of the UAV at those waypoints. Phuyal states that the network supports methods of communicating the flight path to a target Base Station (BS). See also paragraph [0054] which discloses that the complete flight path including all waypoints with expected time of arrival is obtained and communicated to the target BS. See also paragraph [0135]. As set forth above, Phuyal discloses the transmission of flight path information to a target base station. In paragraph [0052], Phuyal discloses that the UE is connected in a RRC connected state to the BS. In addition, Phuyal states that the source BS may communicated the UE’s RRC context information and flight path information to the target base station. See also paragraph [0053] which discloses that the flight path information is sent using RRC signaling. See also paragraphs [0062], [0064], [0069], [0117] obtain the path information included in the first RRC message; and As set forth above, Phuyal discloses the transmission of flight path information to a target base station. In paragraph [0052], Phuyal discloses that the UE is connected in a RRC connected stated to the BS. In addition, Phuyal states that the source BS may communicated the UE’s RRC context information and flight path information to the target base station. receive, from the communication apparatus, a second RRC message including information for indicating an availability of the path information in a case where the communication apparatus has at least one waypoint which is not included in the path information previously transmitted to the base station. As set forth in paragraph [0087], the UE may change its waypoints based on the occurrence of events and may update the flight path. As further disclosed in paragraph [0088], the network can communicate the updated information to a target information. As set forth above, Phuyal discloses in at least paragraphs [0052-0053] that the flight path information to the target base station occurs via RRC signaling and the UE is in a RRC connected state. In addition, since the flight path information is “new”, then this information was not previously provided. See paragraph [0073] and [0088] which discloses that updated flight path is available. See also paragraph [0094], [0104] and [0112] which discloses the transmission of an indicator to the target base station which indicates that updated flightpath information is available. Regarding claim 7: The base station according to claim 6, wherein the one or more processors are configured to execute the program to: transmit, to the communication apparatus, a third RRC message including information for requesting transmission of the path information; and As set forth in paragraph [0032],the target base station may request the updated flight path information. In addition, as set forth in paragraph [0053],the target BS may transmit a flightPathInfoRequest message in a UEInformationRequest message for request transmission of flightpath information. Phuyal states that the UE and the base station are in a RRC connected state and that RRC signaling is used for the transmission of messages. See also paragraph [0055] receive in response to the transmission of the third RRC message including the information for requesting transmission of the path information, from the communication apparatus, the first RRC message including the path information. As set forth in paragraph [0053], in response to the transmission of a UEInformationRequest message, the flight path information using RRC signaling may be transmitted. As set forth above, the initial flight path information uses the ‘first’ RRC message, and the updated flight path information uses a second message RRC message and the request from the target base station is the third RRC message. Regarding claim 8: The base station according to claim 6, wherein the first RRC message includes a UEInformationResponse message, and As set forth in paragraphs [0077-0080], the target base station may transmit a request for flight path information. Thus, the first RRC message as set forth above in claim 1 which provide the flight path information is a “UEInformationResponse” message since it is responding the target BS request for the flight path information. See also paragraph [0053] which discloses that after the target base station makes a request, the will response with the flight path information. Hence the first RRC message is a UEInformationResponse message. the second RRC message includes a message of the completion of an RRC connection re-establishment, a message of the completion of an RRC connection reconfiguration, a message of the completion of an RRC connection establishment, or a message of the completion of an RRC connection resumption. As set forth in paragraph [0071], a RRC reconfiguration completion message is transmitted. See also paragraph [0083]. As explained in paragraph [0114], the RRC reconfiguration is part of the handover process and includes the transmission of flight path information. See also paragraph [0055] Regarding claim 9: The base station according to claim 7, wherein the third RRC message includes a UEInformationRequest message. As explained in paragraph [0120], the flight path information may be requested in a UEInformationRequest message. See also paragraphs [0053] and [0062]. Regarding claim 10: The base station according to claim 6, wherein the path information includes information of a flight path or a moving path. See paragraphs [0010] and [0031] which discloses that the path information includes information of a flight path. Regarding claim 11: A method performed by a communication apparatus, comprising: Phuyal discloses a network unit which includes a transceiver, a memory, and a processor which is configured to receive an indication of a handover of an unmanned aerial vehicle from a first base station to a second base station. See paragraph [0011]. See also Fig 8 and paragraphs [0099-0102] and paragraphs [0059-0061] which discloses that the network unit includes processor, memory and instructions. obtaining path information including information for indicating each of a plurality of waypoints and information for indicating each of a plurality of timestamps, the each of the plurality of timestamps indicating a time to arrive at the each of the plurality of waypoints; As set forth in paragraph [0050], Phuyal explains that the UE may be a UAV which has flight path information that defines waypoints and expected time of arrival (timestamps) of the UAV at those waypoints. Phuyal states that the network supports methods of communicating the flight path to a target Base Station (BS). See also paragraph [0054] which discloses that the complete flight path including all waypoints with expected time of arrival is obtained and communicated to the target BS. See also paragraph [0135]. As explained in paragraphs [0056-0064], which discusses the functions of a network unit, flight path information is received from a server, intermediate network nodes or the UE. transmitting, to a base station, a first radio resource control, RRC, message including the path information; and As set forth above, Phuyal discloses the transmission of flight path information to a target base station. In paragraph [0052], Phuyal discloses that the UE is connected in a RRC connected state to the BS. In addition, Phuyal states that the source BS may communicated the UE’s RRC context information and flight path information to the target base station. See also paragraph [0053] which discloses that the flight path information is sent using RRC signaling. See also paragraphs [0062], [0064], [0069], [0117] transmitting, to the base station, a second RRC message including information for indicating an availability of the path information in a case where the communication apparatus has at least one waypoint which is not included in the path information previously transmitted to the base station. As set forth in paragraph [0087], the UE may change its waypoints based on the occurrence of events and may update the flight path. As further disclosed in paragraph [0088], the network can communicate the updated information to a target information. As set forth above, Phuyal discloses in at least paragraphs [0052-0053] that the flight path information to the target base station occurs via RRC signaling and the UE is in a RRC connected state. In addition, since the flight path information is “new”, then this information was not previously provided. See paragraph [0073] and [0088] which discloses that updated flight path is available. See also paragraph [0094], [0104] and [0112] which discloses the transmission of an indicator to the target base station which indicates that updated flightpath information is available. Regarding claim 12: The method according to claim 11, further comprising: receiving, from the base station, a third RRC message including information for requesting transmission of the path information; and As set forth in paragraph [0032],the target base station may request the updated flight path information. In addition, as set forth in paragraph [0053],the target BS may transmit a flightPathInfoRequest message in a UEInformationRequest message for request transmission of flightpath information. Phuyal states that the UE and the base station are in a RRC connected state and that RRC signaling is used for the transmission of messages. See also paragraph [0055] transmitting in response to the reception of the third RRC message including the information for requesting transmission of the path information, to the base station, the first RRC message including the path information. As set forth in paragraph [0053], in response to the transmission of a UEInformationRequest message, the flight path information using RRC signaling may be transmitted. As set forth above, the initial flight path information uses the ‘first’ RRC message, and the updated flight path information uses a second message RRC message and the request from the target base station is the third RRC message. Regarding claim 13: The method according to claim 11, wherein the first RRC message includes a UEInformationResponse message, and As set forth in paragraphs [0077-0080], the target base station may transmit a request for flight path information. Thus, the first RRC message as set forth above in claim 1 which provide the flight path information is a “UEInformationResponse” message since it is responding the target BS request for the flight path information. See also paragraph [0053] which discloses that after the target base station makes a request, the will response with the flight path information. Hence the first RRC message is a UEInformationResponse message. the second RRC message includes a message of the completion of an RRC connection re-establishment, a message of the completion of an RRC connection reconfiguration, a message of the completion of an RRC connection establishment, or a message of the completion of an RRC connection resumption. As set forth in paragraph [0071], a RRC reconfiguration completion message is transmitted. See also paragraph [0083]. As explained in paragraph [0114], the RRC reconfiguration is part of the handover process and includes the transmission of flight path information. See also paragraph [0055] Regarding claim 14: The method according to claim 12, wherein the third RRC message includes a UEInformationRequest message. As explained in paragraph [0120], the flight path information may be requested in a UEInformationRequest message. See also paragraphs [0053] and [0062]. Regarding claim 15: The method according to claim 11, wherein the path information includes information of a flight path or a moving path. See paragraphs [0010] and [0031] which discloses that the path information includes information of a flight path. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OVIDIO ESCALANTE whose telephone number is (571)272-7537. The examiner can normally be reached on Monday to Friday from 6:00 AM to 3:00PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Fuelling, can be reached at telephone number 571-270-1367. 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 Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice. /Ovidio Escalante/ Primary Examiner, Art Unit 3992
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Prosecution Timeline

Feb 26, 2024
Application Filed
Jan 23, 2026
Non-Final Rejection — §102 (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
73%
Grant Probability
83%
With Interview (+9.6%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 205 resolved cases by this examiner. Grant probability derived from career allow rate.

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