Prosecution Insights
Last updated: July 17, 2026
Application No. 18/603,249

METHOD AND DEVICE FOR WIRELESS COMMUNICATION

Non-Final OA §103
Filed
Mar 13, 2024
Priority
Sep 17, 2021 — CN 202111090152.1 +2 more
Examiner
THAI, CAMQUYEN
Art Unit
2465
Tech Center
2400 — Computer Networks
Assignee
Apogee Networks LLC
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
249 granted / 330 resolved
+17.5% vs TC avg
Strong +35% interview lift
Without
With
+34.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
20 currently pending
Career history
361
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
93.9%
+53.9% vs TC avg
§102
1.3%
-38.7% vs TC avg
§112
2.5%
-37.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 330 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are pending for examination. Information Disclosure Statement The information disclosure statement (IDS) submitted on 3/19/2024 and 02/13/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claims Objections Claim 8 is objected due to following informalities: Claim 8 is duplicate of claim 7. Examiner suggested that claim 8 should depend on claim 2. Claim Rejections - 35 USC §103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 non-obviousness. 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 1-2, 7-14, and 20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Nagaraja et al. (US 20180234960 A1), hereinafter Nagaraja, in view of Zhang et al. (US 20220151009 A1), hereinafter Zhang. Regarding claim 1: Nagaraja discloses a first node for wireless communications (user equipment {UE}, element 805 in Fig.8), comprising: a first receiver (transceiver, element 835 in Fig.8) for beam selection management, determining a first reference signal resource (determining configuration of dedicated resources associated with reference signals {RS} to convey a beam recovery request [0005]); and a first transmitter (transceiver, element 835 in Fig.8), determining whether a first message is transmitted on a first channel (sending beam recovery message/ request on physical downlink control channel {PDCCH} [0005] and [0074]; scheduling request associated with resources used to convey beam recovery request [0067]) according to at least whether there exists an incomplete beam failure recovery procedure (according to determining a beam failure on active beams and using configured resources to send beam recovery message [0005]), the first message indicating the first reference signal (beam recovery message contains RSs measurements [0073]); wherein a transmission of the first message is for the beam selection management (beam recovery request indicates whether a candidate beam exists based measurements of reference signals on candidate beams [0073]). Also, Nagaraja discloses that respective reference signals may be associated with its own dedicated uplink resources [0071]. Nagaraja does not further disclose the first message indicating the first reference signal resource. Zhang, from the same field of endeavor, discloses the first message indicating the first reference signal resource (BFRQ message is associated with reference signal resource [0319] or BFRQ message notifies reference signal resource [0323]). Therefore, it would have been obvious to one of ordinary skills in the art at the time before the claimed invention was filed to transmit the first message indicating first reference signal resource as for beam selection management, according to the incomplete beam failure recovery procedure; thus increasing a link failure recovery probability – Zhang [0084] Regarding claim 2: Nagaraja in view of Zhang discloses all limitations of claim 1. Nagaraja further discloses determining whether a first message is transmitted on a first channel based on at least whether there exists an incomplete beam failure recovery procedure comprises: if there does not exist incomplete beam failure recovery procedure, transmitting the first message on the first channel (beam recovery message contains measurements of reference signals from beams, wherein measurements may be performed before beam failure is detected [0072]). Regarding claim 7: Nagaraja in view of Zhang discloses all limitations of claim 1. Nagaraja further teaches transmitting the first message on the first channel (sending beam recovery message/ request on physical downlink control channel {PDCCH} [0005 and 0074, lines 21-23] or scheduling request associated with resources used to convey beam recovery request [0067]). In addition, Zhang further teaches applying the beam selection management is to a first search space set (beam management use RS resource set associated with search space set [0274 an 0196]]; the first search space set comprises at least one search space (search space set comprising search spaces [0285]). Therefore, it would have been obvious to one of ordinary skills in the art at the time before the claimed invention was filed to determine whether to transmit the first message based on whether the beam selection management is applied to a first search space set (beam management use RS resource set associated with search space set [0274 an 0196]]; the first search space set comprises at least one search space (search space set comprising search spaces [0285]); thus quickly detecting beam failure that causes the trigger of beam recovery – Zhang [0003]. Regarding claim 8: Claim 8 is rejected for substantially same reason as applied to claim 7. Regarding claim 9: Nagaraja in view of Zhang discloses all limitations of claim 1. Nagaraja further teaches receiving a third message, the third message being used to indicate a first reference signal set; reference signal set comprising at least one reference signal resource (detecting {sub}sets of RS associated with active beams to detect beam failure [0015, 0066]). Zhang adds in by stating assessing first-type radio link quality according to the first reference signal set whenever the assessed first-type radio link quality is worse than a first threshold (determining channel quality of RS corresponding to RS resources in RS resource set is lower than threshold [0267]), increasing a first counter by 1 (for W times wherein W is positive integer [0267] ); as a response to the first counter being greater than or equal to a first value (when quality reaches threshold [027]), triggering the incomplete beam failure recovery procedure (detecting beam/ link failure and initiating beam reconfiguration/ recovery [0267 and 0275)]). Zhang further teaches selecting N best beams from the resource set by measuring channel quality of reference signals corresponding to reference signal resources in the set, [0228]. Thus, Zhang does suggest assessing second-type radio link quality based on the first reference signal set; assessing third-type radio link quality based on a second reference signal set, and determining the first reference signal resource in the second reference signal set based on at least the second-type radio link quality and the third-type radio link quality. Therefore, it would have been obvious to one of ordinary skills in the art at the time before the claimed invention was filed to asses second-type radio link quality based on the first reference signal set, assess third-type radio link quality based on a second reference signal set, and determine the first reference signal resource in the second reference signal set based on at least the second-type radio link quality and the third-type radio link quality; thus quickly detecting beam failure and initiating link/ beam recovery – Zhang [0003]. Regarding claim 10: Claim 10 is rejected for substantially same reason as applied to claim 9, except that claim 10 is dependent on claim 2. Regarding claim 11: Nagaraja in view of Zhang discloses all limitations of claim 1. Nagaraja does not, while Zhang further teaches transmitting the first message on the first channel (transmitting BFRQ in Fig.3b) in which the incomplete beam failure recovery procedure is completed, wherein the incomplete beam failure recovery procedure exists (link recovery success may be understood as that terminal device detects a response message of the cell for beam recovery [0287]) . Therefore, it would have been obvious to one of ordinary skills in the art at the time before the claimed invention was filed to transmit the first message on the first channel after a first time window in which the incomplete beam failure recovery procedure is completed; thus increasing beam failure recovery probability – Zhang [0084]. Regarding claim 12: Claim 12 is rejected for substantially same reason as applied to claim 11, except that claim 12 is dependent on claim 2. Regarding claim 13: Nagaraja in view of Zhang discloses all limitations of claim 1. Nagaraja does not, while Zhang further teaches transmitting the first message on the first channel (sending beam recovery message/ request on physical downlink control channel {PDCCH} [0005] and [0074]; scheduling request associated with resources used to convey beam recovery request [0067]) ; and the first receiver, receiving a first signaling, the first signaling being used to confirm the first message (receiving link failure recovery response after receiving BFRQ message [0180]); as a response to receiving the first signaling cancelling the incomplete beam failure recovery procedure; wherein the incomplete beam failure recovery procedure exists (as response to receiving response message, stopping a link failure recovery procedure in time [0080]). Therefore, it would have been obvious to one of ordinary skills in the art at the time before the claimed invention was filed to cancel the incomplete beam failure recovery procedure as response to receiving the first signaling; thus preventing redundant or conflicting recovering attempts, saving resources and avoiding unnecessary signaling. Regarding claim 14: Claim 14 is rejected for substantially same reason as applied to claim 13, except that claim 14 is dependent on claim 2. Regarding claim 20: Claim 20 is rejected for substantially same reason as applied to claim 1 above, except that claim 20 is in a method claim format. Claims 3-6 and 15 are rejected under 35 U.S.C. 103(a) as being unpatentable over Nagaraja in view of Zhang, and further in view of Liu et al. (US 20210068191 A1), hereinafter Liu. Regarding claim 3: Nagaraja in view of Zhang discloses all limitations of claim 1. Nagaraja further discloses the first transmitter, transmitting a second message (transmitting {second} beam recovery request [0073]), and the second message being used to indicate a second reference signal resource; wherein the incomplete beam failure recovery procedure exists, and the transmitting a second message belongs to the incomplete beam failure recovery procedure (and {second} beam recovery request indicates whether a candidate beam used for beam recovery [0073]); the determining whether a first message is transmitted on a first channel according to at least whether there exists an incomplete beam failure recovery procedure (sending beam recovery message/ request on physical downlink control channel {PDCCH} [0005 and 0074, lines 21-23] or scheduling request associated with resources used to convey beam recovery request [0067]). Nagaraja in view of Zhang does not further comprise determining whether the first message is transmitted on the first channel based on whether the first reference resource and the second reference resource are non-QCL, Liu, from the same field of endeavor. teaches determining whether the first message is transmitted on the first channel based on whether the first reference resource and the second reference resource are non-QCL (quasi-co-located) (there is no QCL relationship between first and second RSs, e.g., CSI-RS and SSB [0066]). Therefore, it would have been obvious to one of ordinary skills in the art at the time before the claimed invention was filed to transmit the first message is on the first channel based on whether the first reference resource and the second reference resource are non-QCL (quasi-co-located); thus enhancing information reliability and balancing system payload. Regarding claim 12: Claim 4 is rejected for substantially same reason as applied to claim 3, except that claim 4 is dependent on claim 2. Regarding claim 5: Nagaraja in view of Zhang and Liu discloses all limitations of claim 3 (which depends on claim 1). Nagaraja further discloses transmitting random access {RA} message [0014] and Zhang further teaches initiating a first random access procedure (initiating RA procedure [0060]); and the first random access procedure being based on contention (and PRACH is contention-based resource [0061]); the first random access procedure comprising at least transmitting a first signal (transmitting BFRQ message on PRACH resource [0023]); first signal comprising a first RACH (Random Access Channel) preamble (PRACH transmissions, e.g., PRACH preamble [0076]), and time-frequency resources occupied by the first RACH preamble being RACH resources associated with the second reference signal resource (PRACH resources associated with reference signal resource in second reference signal resource set [0326], wherein resources are defined in terms of time, frequency, and/or a beam, to transmit a beam failure recovery request [0040]), wherein the incomplete beam failure recovery procedure exists, and the first random access procedure belongs to the incomplete beam failure recovery procedure (sending, on a physical random access channel (PRACH), a third request message used for link failure recovery [054]). Therefore, it would have been obvious to one of ordinary skills in the art at the time before the claimed invention was filed to initiate first RA procedure by transmitting {first} RACH preamble; thus improving link/ beam failure recovery performance – Zhang [0006]. Regarding claim 12: Claim 6 is rejected for substantially same reason as applied to claim 5, except that claim 6 is dependent on claim 4. Regarding claim 15: Nagaraja in view of Zhang and Liu discloses all limitations of claim 3. Nagaraja does not, while Zhang further teaches transmitting the first message on the first channel (sending beam recovery message/ request on physical downlink control channel {PDCCH} [0005 and 0074, lines 21-23] or scheduling request associated with resources used to convey beam recovery request [0067]) ; and the first receiver, receiving a first signaling, the first signaling being used to confirm the first message (receiving link failure recovery response after receiving BFRQ message [0180]); as a response to receiving the first signaling cancelling the incomplete beam failure recovery procedure; wherein the incomplete beam failure recovery procedure exists (as response to receiving response message, stopping a link failure recovery procedure in time [0080]). Therefore, it would have been obvious to one of ordinary skills in the art at the time before the claimed invention was filed to cancel the incomplete beam failure recovery procedure as response to receiving the first signaling; thus preventing redundant or conflicting recovering attempts, saving resources and avoiding unnecessary signaling. Claims 16-17, and 19 are rejected under 35 U.S.C. 103(a) as being unpatentable over Nagaraja in view of Zhang, and further in view of Takeda et al. (US 20230026760 A1), hereinafter Takeda. Regarding claim 16: Nagaraja in view of Zhang discloses all limitations of claim 1. Nagaraja further teaches transmitting the first message on the first channel (sending beam recovery message/ request on physical downlink control channel {PDCCH} [0005 and 0074, lines 21-23] or scheduling request associated with resources used to convey beam recovery request [0067]). In addition, Zhang further teaches after the first message is transmitted, monitor a PDCCH (Physical Downlink Control Channel) channel scrambled with a first RNTI (Radio Network Temporary Identifier) on a first search space set within a second time window (after sending BFRQ message to network device, terminal device receives BFRR message [0181], wherein BFRR can be PDCCH, which is detected in PDCCH periodicity on search space set [0200], or PDCCH/ DCI scrambled by using a dedicated radio network temporary identifier RNTI [0042]); applying the first reference signal resource (using configuration of dedicated resources associated with reference signals {RS} to convey a beam recovery request [0005]); wherein the beam selection management is applied to a first search space set (beam management use RS resource set associated with search space set [0274] and [0196]]; the first search space set comprises at least one search space (search space set comprising search spaces [0285]). However, Nagaraja in view of Zhang does not further disclose the above operations are applied in case of failing to monitor PDCCH. Takeda, from the same field of endeavor, teaches a case in which failing to monitor PDCCH candidates of search spaces will result in missing control information associated with configured operations [0096]. Therefore, it would have been obvious to one of ordinary skills in the art at the time before the claimed invention was filed to apply the first RS resource when failing to monitor PDDCH associated with new RS resource, wherein PDCCH are scrambled with RNTI on first space set within a second time window; thus improving communications efficiency and resource utilization Takeda [0098]. Regarding claim 17: Claim 17 is rejected for substantially same reason as applied to claim 16 above, except that claim 17 is dependent on claim 2. Claim 19 is rejected for substantially same reason as applied to claim 16 above, except that claim 19 is dependent on claim 13, which depends on claim 1. Claim 18 is rejected under 35 U.S.C. 103(a) as being unpatentable over Nagaraja in view of Zhang and Liu, as applied to claim 3 above, and further in view of Takeda. Regarding claim 18 Nagaraja in view of Zhang and Liu discloses all limitations of claim 3. Nagaraja further teaches transmitting the first message on the first channel (sending beam recovery message/ request on physical downlink control channel {PDCCH} [0005 and 0074, lines 21-23] or scheduling request associated with resources used to convey beam recovery request [0067]). In addition, Zhang further teaches after the first message is transmitted, monitor a PDCCH (Physical Downlink Control Channel) channel scrambled with a first RNTI (Radio Network Temporary Identifier) on a first search space set within a second time window (after sending BFRQ message to network device, terminal device receives BFRR message [0181], wherein BFRR can be PDCCH, which is detected in PDCCH periodicity on search space set [0200], or PDCCH/ DCI scrambled by using a dedicated radio network temporary identifier RNTI [0042]); applying the first reference signal resource (using configuration of dedicated resources associated with reference signals {RS} to convey a beam recovery request [0005]); wherein the beam selection management is applied to a first search space set (beam management use RS resource set associated with search space set [0274 and 0196]]; the first search space set comprises at least one search space (search space set comprising search spaces [0285]). However, Nagaraja in view of Zhang and Liu does not further disclose the above operations are applied in case of failing to monitor PDCCH. Takeda, from the same field of endeavor, teaches a case in which failing to monitor PDCCH candidates of search spaces will result in missing control information associated with configured operations [0096]. Therefore, it would have been obvious to one of ordinary skills in the art at the time before the claimed invention was filed to apply the first RS resource when failing to monitor PDDCH associated with new RS resource, wherein PDCCH are scrambled with RNTI on first space set within a second time window; thus improving communications efficiency and resource utilization Takeda [0098]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMQUYEN THAI whose telephone number is (571) 270-7245. The examiner can normally be reached on Monday-Friday, 9:00am-5:30pm. Examiner interviews are available via telephone, in-person, and videoconferencing 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, Ayman A. Abaza, can be reached at 571-270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.Q.T./ /AYMAN A ABAZA/ Primary Examiner, Art Unit 2465
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Prosecution Timeline

Mar 13, 2024
Application Filed
Jun 05, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+34.6%)
3y 1m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 330 resolved cases by this examiner. Grant probability derived from career allowance rate.

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