Prosecution Insights
Last updated: April 19, 2026
Application No. 18/627,777

APPARATUS AND METHOD OF BEAM RECOVERY ON SECONDARY CELL

Non-Final OA §103
Filed
Apr 05, 2024
Examiner
SHAH, SAUMIT
Art Unit
2414
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
461 granted / 528 resolved
+29.3% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
26 currently pending
Career history
554
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
63.9%
+23.9% vs TC avg
§102
5.4%
-34.6% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 528 resolved cases

Office Action

§103
DETAILED ACTION This office action is a response to the application filed on 4/5/2024, which is a continuation of application 16/960,213, which is a 371 application entering national stage from PCT/KR2019/000220 filed on 1/7/2019, which claims priority from the provisional application 62/613,977 filed on 1/5/2018. Claims 1-20 are pending and ready for examination. 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 Objections Claim 2 is objected to because of the following informalities: claim 2 line 3 should read “…a channel status information reference signal (CSI-RS)…” Appropriate correction is required. Claim 7 is objected to because of the following informalities: claim 7 line 3 should read “…a channel status information reference signal (CSI-RS)…” Appropriate correction is required. Claim 12 is objected to because of the following informalities: claim 12 line 3 should read “…a channel status information reference signal (CSI-RS)…” Appropriate correction is required. Claim 17 is objected to because of the following informalities: claim 17 line 3 should read “…a channel status information reference signal (CSI-RS)…” Appropriate correction is required. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-4, 6-9, 11-14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Shih et al. (US 2019/0182870; provided in Applicant’s IDS dated 4/5/2024, hereinafter Shih) in view of Park et al. (US 2019/0132778, hereinafter Park). Regarding claim 1, Shih discloses a method performed by a terminal in a wireless communication system, the method comprising: detecting a beam failure on a serving cell [Shih discloses that a random access procedure on SCell may correspond to a beam failure indication (Shih paragraph 0461). The random access procedure is initiated on a serving cell (Shih paragraph 0247)]; In case that the serving cell is a secondary cell (SCell) and an uplink grant is not available, transmitting, to a base station, a random access preamble for a beam failure recovery on a special cell (SpCell) [Shih discloses that the random access procedure is initiated on a serving cell. For random access on the SpCell a PDCCH order or RRC may indicate the ra-PreambleIndex (i.e. random access preamble) (Shih paragraph 0247). Once RA preamble is transmitted, PDCCH of the SpCell is monitored for response to beam failure recovery (Shih paragraphs 0557 and 0563)]; Receiving, from the base station, a random access response comprising an uplink grant for the beam failure recovery [Shih discloses that a random access response may be received containing RA preamble identifiers matching the transmitted RA preamble (Shih paragraph 0363). The received UL grant may be processed for the Scell (Shih paragraph 0372)]; and Transmitting, to the base station, a media access control (MAC) control element (CE) for a cell radio network temporary identifier (C-RNTI) and a MAC CE for the beam failure recovery [Shih discloses that once RA response is successfully received, C-RNTI MAC control element are included in the subsequent uplink transmission (Shih paragraph 0382)]. Although Shih discloses regarding initiating a random access procedure on a serving cell for a beam failure recovery on SpCell (see above, Shih paragraphs 0247, 0557 and 0563); Shih does not expressly disclose the feature of in case that the serving cell is a secondary cell (SCell) and an uplink grant is not available, transmitting a random access preamble to a base station. However, in the same or similar field of invention, Park discloses that a wireless device may initiate a random access to achieve an uplink resource grant for a beam (Park paragraph 0279). For UL transmission, a wireless device may inform base station of the amount of data it wishes to transmit, and the base station may assign UL grant via a RA response (Park paragraph 0345). A device initiating a random access to achieve UL grant for transmitting data also indicates that an uplink grant is not available. Thus, Park discloses that a random access procedure is initiated (i.e. transmitting a RA preamble) when uplink grant is not available. As Shih already discloses regarding initiating a random access procedure on a serving cell for a beam failure recovery on SpCell (see above), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Shih and Park to have the feature of in case that the serving cell is a secondary cell (SCell) and an uplink grant is not available, transmitting, to a base station, a random access preamble for a beam failure recovery on an SpCell. The suggestion/motivation would have been to enhance random access report mechanisms to reduce failure rate and improve communication reliability (Park paragraph 0274). Regarding claim 2, Shih and Park disclose the method of claim 1. Shih and Park further disclose wherein the MAC CE for the beam failure recovery comprises information on a synchronization signal block (SSB) or a channel status information reference signal (CSI-RS) with a reference signal received power (RSRP) above a threshold [Shih discloses that once RA response is successfully received, C-RNTI MAC control element are included in the subsequent uplink transmission (Shih paragraph 0382). Further, the MAC entity may select an SS block with SS-RSRP above rsrp-ThresholdSSB, or a CSI-RS with CSI-RSRP above csirs-dedicatedRACH-Threshold (Shih paragraphs 0511-0515)]. In addition, the same motivation is used as the rejection of claim 1. Regarding claim 3, Shih and Park disclose the method of claim 1. Shih and Park further disclose regarding in case that the serving cell is the SCell and the uplink grant is available, transmitting, to the base station, the MAC CE for the beam failure recovery [Shih discloses that a random access procedure on SCell may correspond to a beam failure indication (Shih paragraph 0461). The random access procedure is initiated on a serving cell (Shih paragraph 0247). Shih further discloses that for a serving cell, an uplink grant may be received for msg3 transmission where msg3 may be sent on uplink channel containing MAC CE for the RA procedure (Shih paragraphs 414-420. Also see Shih claims 6-7); indicating that when uplink grant is available, transmitting the MAC CE to the base station for the beam failure recovery]. In addition, the same motivation is used as the rejection of claim 1. Regarding claim 4, Shih and Park disclose the method of claim 1. Shih and Park further disclose wherein the random access response is identified by a random access RNTI (RA-RNTI) [Shih discloses that a random access response may be received containing RA preamble identifiers matching the transmitted RA preamble. The RA response may be identified by the RA-RNTI (Shih paragraph 0363)]. In addition, the same motivation is used as the rejection of claim 1. Regarding claim 6, Shih discloses a method performed by a base station in a wireless communication system, the method comprising: receiving, from a terminal, random access preamble for a beam failure recovery on a special cell (SpCell), in case that a beam failure is detected on a secondary cell (SCell) and an uplink grant is not available [Shih discloses that a random access procedure on SCell may correspond to a beam failure indication (Shih paragraph 0461). Shih discloses that the random access procedure is initiated on a serving cell. For random access on the SpCell a PDCCH order or RRC may indicate the ra-PreambleIndex (i.e. random access preamble) (Shih paragraph 0247). Once RA preamble is transmitted, PDCCH of the SpCell is monitored for response to beam failure recovery (Shih paragraphs 0557 and 0563)]; Transmitting, to the terminal, a random access response comprising an uplink grant for the beam failure recovery [Shih discloses that a random access response may be received containing RA preamble identifiers matching the transmitted RA preamble (Shih paragraph 0363). The received UL grant may be processed for the Scell (Shih paragraph 0372)]; and Receiving, from the terminal, a media access control (MAC) control element (CE) for a cell radio network temporary identifier (C-RNTI) and a MAC CE for the beam failure recovery [Shih discloses that once RA response is successfully received, C-RNTI MAC control element are included in the subsequent uplink transmission (Shih paragraph 0382)]. Although Shih discloses regarding initiating a random access procedure on a serving cell for a beam failure recovery on SpCell (see above, Shih paragraphs 0247, 0557 and 0563); Shih does not expressly disclose the feature of receiving random access preamble in case that a beam failure is detected on a secondary cell (Scell) and an uplink grant is not available. However, in the same or similar field of invention, Park discloses that a wireless device may initiate a random access to achieve an uplink resource grant for a beam (Park paragraph 0279). For UL transmission, a wireless device may inform base station of the amount of data it wishes to transmit, and the base station may assign UL grant via a RA response (Park paragraph 0345). A device initiating a random access to achieve UL grant for transmitting data also indicates that an uplink grant is not available. Thus, Park discloses that a random access procedure is initiated (i.e. transmitting a RA preamble) when uplink grant is not available. As Shih already discloses regarding initiating a random access procedure on a serving cell for a beam failure recovery on SpCell (see above), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Shih and Park to have the feature of receiving, from a terminal, random access preamble for a beam failure recovery on a special cell (SpCell), in case that a beam failure is detected on a secondary cell (Scell) and an uplink grant is not available. The suggestion/motivation would have been to enhance random access report mechanisms to reduce failure rate and improve communication reliability (Park paragraph 0274). Regarding claim 7, Shih and Park disclose the method of claim 6. Shih and Park further disclose wherein the MAC CE for the beam failure recovery comprises information on a synchronization signal block (SSB) or a channel status information reference signal (CSI-RS) with a reference signal received power (RSRP) above a threshold [Shih discloses that once RA response is successfully received, C-RNTI MAC control element are included in the subsequent uplink transmission (Shih paragraph 0382). Further, the MAC entity may select an SS block with SS-RSRP above rsrp-ThresholdSSB, or a CSI-RS with CSI-RSRP above csirs-dedicatedRACH-Threshold (Shih paragraphs 0511-0515)]. In addition, the same motivation is used as the rejection of claim 6. Regarding claim 8, Shih and Park disclose the method of claim 6. Shih and Park further disclose regarding in case that a serving cell is the SCell and the uplink grant is available, receiving, from the terminal, the MAC CE for the beam failure recovery [Shih discloses that a random access procedure on SCell may correspond to a beam failure indication (Shih paragraph 0461). The random access procedure is initiated on a serving cell (Shih paragraph 0247). Shih further discloses that for a serving cell, an uplink grant may be received for msg3 transmission where msg3 may be sent on uplink channel containing MAC CE for the RA procedure (Shih paragraphs 414-420. Also see Shih claims 6-7); indicating that when uplink grant is available, transmitting the MAC CE to the base station for the beam failure recovery]. In addition, the same motivation is used as the rejection of claim 6. Regarding claim 9, Shih and Park disclose the method of claim 6. Shih and Park further disclose wherein the random access response is identified by a random access RNTI (RA-RNTI) [Shih discloses that a random access response may be received containing RA preamble identifiers matching the transmitted RA preamble. The RA response may be identified by the RA-RNTI (Shih paragraph 0363)]. In addition, the same motivation is used as the rejection of claim 6. Regarding claim 11, Shih discloses a terminal in a wireless communication system, the terminal comprising: a transceiver; and a controller configured to [Shih Figure 2 discloses a system comprising a transmitter system 210 (e.g. access network) and a receiver system 250 (e.g. a terminal or a UE). Shih Figure 3 discloses a functional block diagram of a device for realizing UEs or a base station. The device comprises a processing unit, a memory, a program code, a transceiver, etc. (Shih Figures 2-3, paragraphs 0021-0031)]: Detect a beam failure on a serving cell [Shih discloses that a random access procedure on SCell may correspond to a beam failure indication (Shih paragraph 0461). The random access procedure is initiated on a serving cell (Shih paragraph 0247)], In case that the serving cell is a secondary cell (SCell) and an uplink grant is not available, transmit, to a base station via the transceiver, a random access preamble for a beam failure recovery on a special cell (SpCell) [Shih discloses that the random access procedure is initiated on a serving cell. For random access on the SpCell a PDCCH order or RRC may indicate the ra-PreambleIndex (i.e. random access preamble) (Shih paragraph 0247). Once RA preamble is transmitted, PDCCH of the SpCell is monitored for response to beam failure recovery (Shih paragraphs 0557 and 0563)], Receive, from the base station via the transceiver, a random access response comprising an uplink grant for the beam failure recovery [Shih discloses that a random access response may be received containing RA preamble identifiers matching the transmitted RA preamble (Shih paragraph 0363). The received UL grant may be processed for the Scell (Shih paragraph 0372)], and Transmit, to the base station via the transceiver, a media access control (MAC) control element (CE) for a cell radio network temporary identifier (C-RNTI) and a MAC CE for the beam failure recovery [Shih discloses that once RA response is successfully received, C-RNTI MAC control element are included in the subsequent uplink transmission (Shih paragraph 0382)]. Although Shih discloses regarding initiating a random access procedure on a serving cell for a beam failure recovery on SpCell (see above, Shih paragraphs 0247, 0557 and 0563); Shih does not expressly disclose the feature of in case that the serving cell is a secondary cell (SCell) and an uplink grant is not available, transmitting a random access preamble to a base station. However, in the same or similar field of invention, Park discloses that a wireless device may initiate a random access to achieve an uplink resource grant for a beam (Park paragraph 0279). For UL transmission, a wireless device may inform base station of the amount of data it wishes to transmit, and the base station may assign UL grant via a RA response (Park paragraph 0345). A device initiating a random access to achieve UL grant for transmitting data also indicates that an uplink grant is not available. Thus, Park discloses that a random access procedure is initiated (i.e. transmitting a RA preamble) when uplink grant is not available. As Shih already discloses regarding initiating a random access procedure on a serving cell for a beam failure recovery on SpCell (see above), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Shih and Park to have the feature of in case that the serving cell is a secondary cell (SCell) and an uplink grant is not available, transmitting, to a base station via the transceiver, a random access preamble for a beam failure recovery on an SpCell. The suggestion/motivation would have been to enhance random access report mechanisms to reduce failure rate and improve communication reliability (Park paragraph 0274). Regarding claim 12, Shih and Park disclose the terminal of claim 11. Shih and Park further disclose wherein the MAC CE for the beam failure recovery comprises information on a synchronization signal block (SSB) or a channel status information reference signal (CSI-RS) with a reference signal received power (RSRP) above a threshold [Shih discloses that once RA response is successfully received, C-RNTI MAC control element are included in the subsequent uplink transmission (Shih paragraph 0382). Further, the MAC entity may select an SS block with SS-RSRP above rsrp-ThresholdSSB, or a CSI-RS with CSI-RSRP above csirs-dedicatedRACH-Threshold (Shih paragraphs 0511-0515)]. In addition, the same motivation is used as the rejection of claim 11. Regarding claim 13, Shih and Park disclose the terminal of claim 11. Shih and Park further disclose wherein the controller is further configured to: in case that the serving cell is the SCell and the uplink grant is available, transmit, to the base station via the transceiver, the MAC CE for the beam failure recovery [Shih discloses that a random access procedure on SCell may correspond to a beam failure indication (Shih paragraph 0461). The random access procedure is initiated on a serving cell (Shih paragraph 0247). Shih further discloses that for a serving cell, an uplink grant may be received for msg3 transmission where msg3 may be sent on uplink channel containing MAC CE for the RA procedure (Shih paragraphs 414-420. Also see Shih claims 6-7); indicating that when uplink grant is available, transmitting the MAC CE to the base station for the beam failure recovery]. In addition, the same motivation is used as the rejection of claim 11. Regarding claim 14, Shih and Park disclose the terminal of claim 11. Shih and Park further disclose wherein the random access response is identified by a random access RNTI (RA-RNTI) [Shih discloses that a random access response may be received containing RA preamble identifiers matching the transmitted RA preamble. The RA response may be identified by the RA-RNTI (Shih paragraph 0363)]. In addition, the same motivation is used as the rejection of claim 11. Regarding claim 16, Shih discloses a base station in a wireless communication system, the base station comprising: a transceiver; and a controller configured to [Shih Figure 2 discloses a system comprising a transmitter system 210 (e.g. access network) and a receiver system 250 (e.g. a terminal or a UE). Shih Figure 3 discloses a functional block diagram of a device for realizing UEs or a base station. The device comprises a processing unit, a memory, a program code, a transceiver, etc. (Shih Figures 2-3, paragraphs 0021-0031)]: Receive, from a terminal via the transceiver, random access preamble for a beam failure recovery on a special cell (SpCell), in case that a beam failure is detected on a secondary cell (SCell) and an uplink grant is not available [Shih discloses that a random access procedure on SCell may correspond to a beam failure indication (Shih paragraph 0461). Shih discloses that the random access procedure is initiated on a serving cell. For random access on the SpCell a PDCCH order or RRC may indicate the ra-PreambleIndex (i.e. random access preamble) (Shih paragraph 0247). Once RA preamble is transmitted, PDCCH of the SpCell is monitored for response to beam failure recovery (Shih paragraphs 0557 and 0563)], Transmitting, to the terminal via the transceiver, a random access response comprising an uplink grant for the beam failure recovery [Shih discloses that a random access response may be received containing RA preamble identifiers matching the transmitted RA preamble (Shih paragraph 0363). The received UL grant may be processed for the Scell (Shih paragraph 0372)], and Receiving, from the terminal via the transceiver, a media access control (MAC) control element (CE) for a cell radio network temporary identifier (C-RNTI) and a MAC CE for the beam failure recovery [Shih discloses that once RA response is successfully received, C-RNTI MAC control element are included in the subsequent uplink transmission (Shih paragraph 0382)]. Although Shih discloses regarding initiating a random access procedure on a serving cell for a beam failure recovery on SpCell (see above, Shih paragraphs 0247, 0557 and 0563); Shih does not expressly disclose the feature of receiving random access preamble in case that a beam failure is detected on a secondary cell (Scell) and an uplink grant is not available. However, in the same or similar field of invention, Park discloses that a wireless device may initiate a random access to achieve an uplink resource grant for a beam (Park paragraph 0279). For UL transmission, a wireless device may inform base station of the amount of data it wishes to transmit, and the base station may assign UL grant via a RA response (Park paragraph 0345). A device initiating a random access to achieve UL grant for transmitting data also indicates that an uplink grant is not available. Thus, Park discloses that a random access procedure is initiated (i.e. transmitting a RA preamble) when uplink grant is not available. As Shih already discloses regarding initiating a random access procedure on a serving cell for a beam failure recovery on SpCell (see above), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Shih and Park to have the feature of receiving, from a terminal via the transceiver, random access preamble for a beam failure recovery on a special cell (SpCell), in case that a beam failure is detected on a secondary cell (Scell) and an uplink grant is not available. The suggestion/motivation would have been to enhance random access report mechanisms to reduce failure rate and improve communication reliability (Park paragraph 0274). Regarding claim 17, Shih and Park disclose the base station of claim 16. Shih and Park further disclose wherein the MAC CE for the beam failure recovery comprises information on a synchronization signal block (SSB) or a channel status information reference signal (CSI-RS) with a reference signal received power (RSRP) above a threshold [Shih discloses that once RA response is successfully received, C-RNTI MAC control element are included in the subsequent uplink transmission (Shih paragraph 0382). Further, the MAC entity may select an SS block with SS-RSRP above rsrp-ThresholdSSB, or a CSI-RS with CSI-RSRP above csirs-dedicatedRACH-Threshold (Shih paragraphs 0511-0515)]. In addition, the same motivation is used as the rejection of claim 16. Regarding claim 18, Shih and Park disclose the base station of claim 16. Shih and Park further disclose regarding in case that a serving cell is the SCell and the uplink grant is available, receiving, from the terminal via the transceiver, the MAC CE for the beam failure recovery [Shih discloses that a random access procedure on SCell may correspond to a beam failure indication (Shih paragraph 0461). The random access procedure is initiated on a serving cell (Shih paragraph 0247). Shih further discloses that for a serving cell, an uplink grant may be received for msg3 transmission where msg3 may be sent on uplink channel containing MAC CE for the RA procedure (Shih paragraphs 414-420. Also see Shih claims 6-7); indicating that when uplink grant is available, transmitting the MAC CE to the base station for the beam failure recovery]. In addition, the same motivation is used as the rejection of claim 16. Regarding claim 19, Shih and Park disclose the base station of claim 16. Shih and Park further disclose wherein the random access response is identified by a random access RNTI (RA-RNTI) [Shih discloses that a random access response may be received containing RA preamble identifiers matching the transmitted RA preamble. The RA response may be identified by the RA-RNTI (Shih paragraph 0363)]. In addition, the same motivation is used as the rejection of claim 16. Allowable Subject Matter Claims 5, 10, 15 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 5, 10, 15 and 20 would be allowable because the closest prior art, either alone or in combination, fails to anticipate or render obvious the features of wherein the MAC CE for the beam failure recovery is identified by a logical channel identifier (LCID) in a MAC subheader, and wherein the MAC CE for the beam failure recovery further includes a field Ci set to 1 indicating that the beam failure is detected on the SCell with an index i; in combination with all other limitations in the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAUMIT SHAH whose telephone number is (571)272-6959. The examiner can normally be reached Monday - Friday 9 am - 6 pm. 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, EDAN ORGAD can be reached at (571) 272-7884. 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. /SAUMIT SHAH/Primary Examiner, Art Unit 2414
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Prosecution Timeline

Apr 05, 2024
Application Filed
Mar 06, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
98%
With Interview (+11.2%)
2y 6m
Median Time to Grant
Low
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