Prosecution Insights
Last updated: August 16, 2026
Application No. 18/627,862

WIRELESS COMMUNICATION APPARATUS, WIRELESS COMMUNICATION SYSTEM, AND WIRELESS COMMUNICATION METHOD

Final Rejection §102§103
Filed
Apr 05, 2024
Priority
Oct 19, 2021 — continuation of PCTJP2021038670
Examiner
MITCHELL, NATHAN A
Art Unit
3627
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
1FINITY Inc.
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
702 granted / 962 resolved
+21.0% vs TC avg
Moderate +10% lift
Without
With
+9.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
26 currently pending
Career history
987
Total Applications
across all art units

Statute-Specific Performance

§101
16.4%
-23.6% vs TC avg
§103
46.5%
+6.5% vs TC avg
§102
18.1%
-21.9% vs TC avg
§112
11.7%
-28.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 962 resolved cases

Office Action

§102 §103
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 . Response to Arguments Argument: PNG media_image1.png 424 656 media_image1.png Greyscale Response: The examiner disagrees. Agiwal discloses multi-cell group connectivity (paragraph 44, paragraph 111, paragraph 125-127) and a non-communication mode being established (paragraph 345 RRC inactive) and being able to perform communication in non-active mode (paragraph 109, 345) Claim Rejections - 35 USC § 102 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, 2, 4-6, 8-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Agiwal (US 20240155630 A1). Regarding claim 1, Agiwal discloses: 1. A wireless communication apparatus comprising: processor circuitry (paragraph 30) configured to control to perform data communication when communication is performed with another wireless communication apparatus (fig. 5 555), the data communication selectively using a multiple-cell group (paragraph 41), the multiple-cell group being selected when communication with the other wireless communication apparatus in a non-communication mode is established and being able to perform data communication allowed even in the non-communication mode (paragraph 345 keep UE in RRC_INACTIVE state, per paragraph 10 RRC inactive includes SDT). Regarding claim 2, Agiwal discloses: 2. The wireless communication apparatus according to claim 1, wherein the processor circuitry is further configured to notify the other wireless communication apparatus of identification information that enables simultaneous identification on the wireless communication apparatus and the other wireless communication apparatus (fig. 5 510 paragraph 328 RNTI), when the wireless communication apparatus establishes communication with the other wireless communication apparatus in a non-communication mode (paragraph 345 RRC inactive paragraph 348 small data transmission) Regarding claim 4, Agiwal discloses: 4. A wireless communication apparatus comprising: processor circuitry (paragraph 30) configured to control to perform data communication when communication is performed with another wireless communication apparatus, under control from the other wireless communication apparatus, (fig. 5 555), the data communication selectively using a multiple-cell group (paragraph 41), the multiple-cell group being selected when communication with the other wireless communication apparatus is established in a non-communication mode and being able to perform data communication allowed even in the non-communication mode (paragraph 345 keep UE in RRC_INACTIVE state, per paragraph 10 RRC inactive includes SDT). Regarding claim 5, Agiwal discloses: 5. The wireless communication apparatus according to claim 4, wherein the processor circuitry is notified of identification information that enables simultaneous identification on the wireless communication apparatus and the other wireless communication apparatus by the other wireless communication apparatus (fig. 5 510 paragraph 328 RNTI), when the wireless communication apparatus in a non-communication mode establishes communication with the other wireless communication apparatus (paragraph 345 RRC inactive paragraph 348 small data transmission) Regarding claim 6, Agiwal discloses: 6. The wireless communication apparatus according to claim 4, wherein the processor circuitry notifies the other wireless communication apparatus of information indicating that the other wireless communication apparatus is a base station able to be a communication counterpart of the wireless communication apparatus (fig. 5 510), when the wireless communication apparatus in a non-communication mode establishes communication with the other wireless communication apparatus (paragraph 10 SDT while in inactive state). Regarding claim 8, Agiwal discloses: 8. A wireless communication system comprising: a first wireless communication apparatus (paragraph 41 master node); and a second wireless communication apparatus (paragraph 41 secondary node), wherein the first wireless communication apparatus is further configured to control to perform data communication when communication is carried out with the second wireless communication apparatus (paragraph 41 dual connectivity), the data communication selectively using a multiple-cell group (paragraph 41 master cell group), the multiple-cell group being selected when communication with the second wireless communication apparatus in a non-communication mode is established and being able to perform data communication allowed even in the non-communication mode (paragraph 323, fig. 5 small data transmission after RRC release), and the second wireless communication apparatus is further configured to control to perform data communication when communication is implemented with the first wireless communication apparatus, under control from the first wireless communication apparatus (paragraph 41 master cell group), the data communication selectively using a multiple-cell group (paragraph 41), the multiple-cell group being selected when communication with the first wireless communication apparatus is established in a non-communication mode and being able to perform data communication allowed even in the non-communication mode (paragraph 10 small data transmission after RRC is released and terminal is in RRC inactive state). Regarding claim 9, Agiwal discloses: 9.(New) The wireless communication apparatus according to claim 1, wherein the processor is further configured to control to perform the data communication when communication is performed with another wireless communication apparatus in the non-communication mode (paragraph 109 small data transmission) Regarding claim 10, Agiwal discloses: 10.(New) The wireless communication apparatus according to claim 1, wherein the multiple-cell group being selected by the another communication apparatus when communication with the other wireless communication apparatus in a non- communication mode is established and being able to perform data communication allowed even in the non-communication mode (paragraph 109 small data communication, 111 cell group configuration is applied). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agiwal (US 20240155630 A1) in view Kim (US 20240073987 A1). Regarding claim 3, Agiwal fails to clearly disclose and Kim discloses: 3. The wireless communication apparatus according to claim 1, wherein the processor circuitry is further configured to acquire a measurement result of a received signal strength in the other wireless communication apparatus (paragraph 260), determines a base station corresponding to the multiple-cell group according to the measurement result (paragraph 260 paragraph 74), and requests identification information to be assigned to the other wireless communication apparatus from the base station (fig. 17), when the wireless communication apparatus establishes communication with the other wireless communication apparatus in a non-communication mode (paragraph 354). It would have been obvious to one of ordinary skill in the art to combine this teaching with Agiwal by reselecting based on RSSI. The motivation for the combination is improved small data transmission (abstract). Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Agiwal (US 20240155630 A1) in view Deogun (US 20210153281 A1). Regarding claim 7, Agiwal fails to disclose and Deogun discloses: wherein when data communication using a first cell included in the multiple-cell group fails, the processor circuitry performs data communication using a second cell included in the multiple-cell group (fig. 3, paragraph 12). It would have been obvious to one of ordinary skill in the art to combine this teaching with those of Agiwal. The motivation for the combination is improved failure recovery (paragraph 2). Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN A MITCHELL whose telephone number is (571)270-3117. The examiner can normally be reached M-F 9-5. 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, Ryan Zeender can be reached at 571-272-6790. 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. /NATHAN A MITCHELL/Primary Examiner, Art Unit 3627
Read full office action

Prosecution Timeline

Apr 05, 2024
Application Filed
Mar 04, 2026
Non-Final Rejection mailed — §102, §103
Jun 01, 2026
Response Filed
Aug 04, 2026
Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
83%
With Interview (+9.9%)
2y 7m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 962 resolved cases by this examiner. Grant probability derived from career allowance rate.

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