Prosecution Insights
Last updated: October 01, 2026
Application No. 18/646,442

COMMUNICATION METHOD

Non-Final OA §102§103
Filed
Apr 25, 2024
Priority
Oct 26, 2021 — JP 2021-174776 +1 more
Examiner
MILLS, DONALD L
Art Unit
2462
Tech Center
2400 — Computer Networks
Assignee
Kyocera Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
810 granted / 958 resolved
+26.6% vs TC avg
Moderate +11% lift
Without
With
+10.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
14 currently pending
Career history
976
Total Applications
across all art units

Statute-Specific Performance

§101
10.6%
-29.4% vs TC avg
§103
36.9%
-3.1% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 958 resolved cases

Office Action

§102 §103
CTNF 18/646,442 CTNF 79873 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15 AIA Claim (s) 1-6, 10-13, and 16 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by ZTE Corp., “MBMS Enhancement for Supporting of V2X service,” 3GPP TSG-RAN WG2#95 R2-165265, August 12, 2016, pp. 1-5, hereinafter referred to as D1 (applicant admitted prior art) . Referring to claims 1 and 10, D1 discloses MBMS enhancement methods, apparatus, and system for providing multicast and broadcast service, which comprises: transmitting, to the first cell, a message related to an MBS reception timing for the user equipment to perform MBS reception from a second cell belonging to a frequency different from a frequency to which the first cell belongs (Note, the limitation “for . . .” is considered an intended-use limitation and is not afforded patentable weight. The claim limitation is directed towards some future use and is not a positive recitation. Regardless, the claim is taught in light of the prior art. Referring to Section 2.2, UE that receives (transmitted from a first cell) an MBMS (MBS reception timing) has only one receiver; the UE attempts to receive a V2X message that is an MBMS service provided in a PLMN different from the PLMN to which the own serving cell of the UE belongs; since the UE has only one receiver, it is difficult to receive the serving cell carrier and the MBMS carrier at the same time; that is, a V2X message, which is an MBMS service, is received from a cell (second cell) of another PLMN that belongs to a different frequency from the own serving cell (first cell) of the UE; the UE transmits a message to its own serving cell requesting a V2X gap for receiving the V2X message; and by receiving a V2X message in the V2X gap, an inter-PLMN MBMS can be received without affecting normal reception. Thereby, performing MBS reception from a second cell belonging to a frequency different from a frequency in which the first cell belongs.) Regarding claims 2 and 11, D1 discloses after the transmitting of the message, receiving, from the first cell, an MBS gap configuration indicating a configuration of a gap for the MBS by which communication with the first cell is suspended to perform the MBS reception from the second cell (Referring to Section 2.2., the UE transmits a message to its own serving cell requesting a V2X gap for receiving the V2X message; and by receiving a V2X message in the V2X gap, an inter-PLMN MBMS can be received without affecting normal reception.) Regarding claim 3, D1 discloses a radio resource control (RRC) connected state in the first cell, suspending the communication with the first cell and performing the MBS reception from the second cell in the gap for the MBS, based on the MBS gap configuration (Referring to Section 2.2., the UE, considered in a connected state, transmits a message to its own serving cell requesting a V2X gap for receiving the V2X message; and by receiving a V2X message in the V2X gap, an inter-PLMN MBMS can be received without affecting normal reception. Utilizing RRC signaling per section 2.1 and 4.) Regarding claims 4 and 12, D1 discloses transmitting the message comprising requested gap information indicating the configuration of the gap for the MBS requested by the user equipment (Referring to Section 2.2., the UE transmits a message to its own serving cell requesting a V2X gap for receiving the V2X message; and by receiving a V2X message in the V2X gap, an inter-PLMN MBMS can be received without affecting normal reception.) Regarding claim 5, D1 discloses generating the requested gap information, based on a configuration of a multicast control channel (MCCH) of the second cell and/or a configuration of a multicast traffic channel (MTCH) of the second cell (Referring to Section 2.2., the UE transmits a message to its own serving cell requesting a V2X gap for receiving the V2X message; and by receiving a V2X message in the V2X gap, an inter-PLMN MBMS can be received without affecting normal reception. Per the configuration of the MCCH for the cell. See section 2.3.) Regarding claims 6 and 13, D1 discloses transmitting, to the first cell, the message comprising configuration information indicating a configuration of a multicast control channel (MCCH) of the second cell and/or a configuration of a multicast traffic channel (MTCH) of the second cell (Referring to Section 2.3, Per the configuration of the MCCH for the cell.) Regarding claim 16, D1 discloses wherein the first cell is a cell belonging to a first public land mobile network (PLMN), and the second cell is a cell belonging to a second PLMN different from the first PLMN (Referring to Section 2.2, a first and second PLMN, different from one another.) Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 7-9 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of LG Electronics Inc., “Paging a Single Receiver UE for MBMS Dedicated Layer,” 3GPP TSG-RAN WG2#56 R2-063240, November 2, 2006, Section 5, hereinafter referred to as D2 . Regarding claims 7 and 14, D1 does not disclose after the transmitting of the message, receiving, from the first cell, a paging reception configuration related to a configuration of a paging reception timing for the user equipment to receive paging from the first cell. D2 teaches receiving paging while receiving an MBMS. D2 indicates that a gap (paging reception timing) is set for receiving paging during a period when no MBMS is received, and paging is received in the gap. See Section 5. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the paging configuration of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to minimize interference with MBMS service and improve system throughput. Regarding claims 8, D1 does not disclose the user equipment in a radio resource control (RRC) idle state or an RRC inactive state in the first cell, based on the paging reception configuration, monitoring the paging from the first cell at the paging reception timing and performing the MBS reception from the second cell at a timing different from the paging reception timing. D2 teaches receiving paging while receiving an MBMS. D2 indicates that a gap (paging reception timing) is set for receiving paging during a period when no MBMS is received, and paging is received in the gap. See Section 5. The UE may be in either a RRC active/inactive state. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the paging configuration of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to minimize interference with MBMS service and improve system throughput. Regarding claims 9 and 15, D1 does not disclose wherein the transmitting comprises transmitting, to the first cell, the message comprising request information requesting a change of the paging reception timing. D2 teaches receiving paging while receiving an MBMS. D2 indicates that a gap (request information requesting a change of the paging reception timing) is set for receiving paging during a period when no MBMS is received, and paging is received in the gap. See Section 5. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the paging configuration of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to minimize interference with MBMS service and improve system throughput . 07-21-aia AIA Claim (s) 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of ZTE, “Discussion on MBS Enhancement in Rel-19,” 3GPP TSG RAN #93e RP-212392, September 6, 2021, Section 2.6, hereinafter referred to as D3 (applicant admitted prior art) . Regarding claim 17 and 18, D1 does not disclose wherein the MBS reception is reception of an MBS session provided in Receive-Only Mode (ROM)/wherein the MBS reception is reception of an MBS session provided in Free-To-Air (FTA). D3 teaches indicates that FTA/ROM is a mode when receiving MBS in different PLMN. See Section 2.6. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the FTA/ROM mode of D3 in the D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to comply with well-known standards and improve system operability. Regarding claim 19, D1 discloses MBMS enhancement methods, apparatus, and system for providing multicast and broadcast service, which comprises: receiving, from the cell, broadcast information indicating an MBS session; and identifying the MBS session being provided by the cell based on the broadcast information (Referring to Section 2.2, UE that receives (transmitted from a cell) an MBMS (broadcast information indicating an MBS session) has only one receiver; the UE attempts to receive a V2X message that is an MBMS service provided in a PLMN different from the PLMN to which the own serving cell of the UE belongs; since the UE has only one receiver, it is difficult to receive the serving cell carrier and the MBMS carrier at the same time; that is, a V2X message, which is an MBMS service, is received from a cell of another PLMN that belongs to a different frequency from the own serving cell of the UE; the UE transmits a message to its own serving cell requesting a V2X gap for receiving the V2X message; and by receiving a V2X message in the V2X gap, an inter-PLMN MBMS can be received without affecting normal reception. Thereby, identifying the MBMS session based upon the MBMS transmission.) D1 does not disclose being provided by the cell in Receive-Only Mode (ROM) and/or Free-To-Air (FTA) D3 teaches indicates that FTA/ROM is a mode when receiving MBS in different PLMN. See Section 2.6. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the FTA/ROM mode of D3 in the D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to comply with well-known standards and improve system operability . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu (US 2025/0132942 A1) - To manage reception of Multicast and Broadcast Services (MBS) data, a user equipment (UE) receives, from a radio access network (RAN), a paging message including an MBS session identifier (ID), the MBS session ID including a Temporary Mobile Group Identity (TMGI); and initiates reception of MBS in response to the paging message. Babaei (US 2025/0227735 A1) - The first SIB comprises scheduling information for reception of MBS control configuration parameters; receiving an MBS control channel comprising scheduling information for reception of an MBS traffic channel via a first cell; and receiving MBS data based on the scheduling information for reception of the MBS traffic channel. Adjakple et al. (US 2023/0362960 A1) - Triggers for an MBS interest indication based on BWP switching; a timescale for scheduling of an MRB transport channel, a signal control channel, and a traffic channel; procedures for scheduling MCCH, including a scheduling configuration, an SCS, and a BWP; procedures for scheduling (P)TrCH; and procedures for scheduling MTCH. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM EST. 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, Yemane Mesfin can be reached at 571-272-3927. 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. DONALD L. MILLS Primary Examiner Art Unit 2462 /Donald L Mills/Primary Examiner, Art Unit 2462 Application/Control Number: 18/646,442 Page 2 Art Unit: 2462 Application/Control Number: 18/646,442 Page 3 Art Unit: 2462 Application/Control Number: 18/646,442 Page 4 Art Unit: 2462 Application/Control Number: 18/646,442 Page 5 Art Unit: 2462 Application/Control Number: 18/646,442 Page 6 Art Unit: 2462 Application/Control Number: 18/646,442 Page 7 Art Unit: 2462 Application/Control Number: 18/646,442 Page 8 Art Unit: 2462 Application/Control Number: 18/646,442 Page 9 Art Unit: 2462 Application/Control Number: 18/646,442 Page 10 Art Unit: 2462
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Prosecution Timeline

Apr 25, 2024
Application Filed
Apr 01, 2026
Non-Final Rejection mailed — §102, §103
Jul 01, 2026
Response Filed
Jul 01, 2026
Response after Non-Final Action

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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
85%
Grant Probability
96%
With Interview (+10.9%)
2y 10m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 958 resolved cases by this examiner. Grant probability derived from career allowance rate.

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