Prosecution Insights
Last updated: April 19, 2026
Application No. 18/649,957

METHOD AND DEVICE FOR HANDOVER WITHOUT SUSPENSION OF DATA TRANSMISSION AND RECEPTION IN NEXT GENERATION MOBILE COMMUNICATION SYSTEM

Non-Final OA §102§103§112
Filed
Apr 29, 2024
Examiner
NGUYEN, ANH NGOC M
Art Unit
2473
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
700 granted / 778 resolved
+32.0% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
26 currently pending
Career history
804
Total Applications
across all art units

Statute-Specific Performance

§101
10.5%
-29.5% vs TC avg
§103
39.6%
-0.4% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 778 resolved cases

Office Action

§102 §103 §112
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 § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. Claims 1, 2, 6, 7, 11, 12, 16 and 17 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. Claims 1, 2, 6, 7, 11, 12, 16 and 17 recite the feature of “a dual active protocol stack for the second base station” which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention. For example, Figure 4 shows a radio protocol structure of a next generation mobile communication system and the specification discusses protocol layer devices (PHY layer device, MAC layer device, RLC layer device, or PDCP layer device) of the second plurality of bearers that are newly established are configured for data transmission and reception with the target base station based on bearer configuration information or protocol layer device information included in the handover command message (para. 0033 of Pub. No.: US 2024/0284287). However, the specification does not describe “a dual active protocol stack for the second base station.” 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. Claims 1, 2, 6, 7, 11, 12, 16 and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shapiro (Pub. No.: US 2020/0037217; hereinafter Shapiro). Regarding claim 1, Shapiro discloses a method performed by a terminal in a wireless communication system, the method comprising: receiving, from a first base station, a radio resource control (RRC) reconfiguration message including configuration information for a handover (see para. 0033, …the source base station node 220-1 generating a “handover command” (e.g., an RRC message) to the UE 210 to perform the handover, i.e., an “RRC connection reconfiguration” message including information such as the C-RNTI of the target base station node 220-2, the target DRB ID for the uplink and downlink of data traffic between the UE 210 and the target base station node 220-2, and other information); performing a random access procedure to a second base station based on the configuration information for the handover through a dual active protocol stack for the second base station (see para. 0033,… the UE 210 tries to access the target base station node 220-2 using a non-contention-based Random Access Procedure, Fig. 3, para. 0039, 0041, a protocol stack to be used at a base station including the radio protocol stack 310); transmitting, to the second base station, an uplink data after the random access procedure to the second base station is completed (see para. 0033, …the UE 210 tries to access the target base station node 220-2 using a non-contention-based Random Access Procedure. If it succeeds in accessing the target base station node 220-2, the UE 210 sends a “handover confirmation” message to the target base station node 220-2); and receiving, from the first base station, a downlink data until a connection to the first base station is released (see para. 0029, 0035, The release of the resources at the source base station node 220-1 during the handover completion phase is triggered by the target base station node 220-2…The target base station node 220-2 then requests the source base station node 220-1 to release the resources using an X2 “UE context release” message, and the X2 transport bearer for the direct packet forwarding is released…in other words, the terminal still receives downlink data from the source base station until the connection to the source base station is released). Regarding claim 2, Shapiro discloses wherein the dual active protocol stack for the second base station comprises at least one of a physical layer entity, a medium access control (MAC) entity, or a radio link control (RLC) entity (see Fig. 3, para. 0039, a radio link control (RLC) layer 334, a media access control (MAC) layer 336 and a LTE physical layer (PHY) 350). Regarding claim 6, Shapiro discloses a method performed by a first base station in a wireless communication system, the method comprising: transmitting, to a terminal, a radio resource control (RRC) reconfiguration message including configuration information for a handover (see para. 0033, …the source base station node 220-1 generating a “handover command” (e.g., an RRC message) to the UE 210 to perform the handover, i.e., an “RRC connection reconfiguration” message including information such as the C-RNTI of the target base station node 220-2, the target DRB ID for the uplink and downlink of data traffic between the UE 210 and the target base station node 220-2, and other information); stopping a reception of an uplink data from the terminal after a random access procedure between the terminal and a second base station performed based on the configuration information for the handover through a dual active protocol stack for the second base station is completed (see para. 0033, …the UE 210 tries to access the target base station node 220-2 using a non-contention-based Random Access Procedure. If it succeeds in accessing the target base station node 220-2, the UE 210 sends a “handover confirmation” message to the target base station node 220-2, Fig. 3, para. 0039, 0041, a protocol stack to be used at a base station including the radio protocol stack 310…in other words, the UE does not communicate to the source base station after it succeeds in accessing the target base station); and transmitting, to the terminal, a downlink data until a connection to the terminal is released (see para. 0029, 0035, The release of the resources at the source base station node 220-1 during the handover completion phase is triggered by the target base station node 220-2…The target base station node 220-2 then requests the source base station node 220-1 to release the resources using an X2 “UE context release” message, and the X2 transport bearer for the direct packet forwarding is released…in other words, the terminal still receives downlink data from the source base station until the connection to the source base station is released). Regarding claim 7, Shapiro discloses wherein the dual active protocol stack for the second base station comprises at least one of a physical layer entity, a medium access control (MAC) entity, or a radio link control (RLC) (see Fig. 3, para. 0039, a radio link control (RLC) layer 334, a media access control (MAC) layer 336 and a LTE physical layer (PHY) 350). Regarding claim 11, Shapiro discloses a terminal (see para. 0016, mobile device 110) for a wireless communication system, the terminal comprising: a transceiver; and a controller (see para. 0041, a mobile device (UE) has central processing units and is well known to have a transceiver) configured to: receive, from a first base station via the transceiver, a radio resource control (RRC) reconfiguration message including configuration information for a handover (see para. 0033, …the source base station node 220-1 generating a “handover command” (e.g., an RRC message) to the UE 210 to perform the handover, i.e., an “RRC connection reconfiguration” message including information such as the C-RNTI of the target base station node 220-2, the target DRB ID for the uplink and downlink of data traffic between the UE 210 and the target base station node 220-2, and other information), perform a random access procedure to a second base station based on the configuration information for the handover through a dual active protocol stack for the second base station, transmit, to the second base station via the transceiver, an uplink data after the random access procedure to the second base station is completed, and receive, from the first base station via the transceiver, a downlink data until a connection to the first base station is released (see para. 0029, 0035, The release of the resources at the source base station node 220-1 during the handover completion phase is triggered by the target base station node 220-2…The target base station node 220-2 then requests the source base station node 220-1 to release the resources using an X2 “UE context release” message, and the X2 transport bearer for the direct packet forwarding is released…in other words, the terminal still receives downlink data from the source base station until the connection to the source base station is released). Regarding claim 12, Shapiro discloses wherein the dual active protocol stack for the second base station comprises at least one of a physical layer entity, a medium access control (MAC) entity, or a radio link control (RLC) entity (see Fig. 3, para. 0039, a radio link control (RLC) layer 334, a media access control (MAC) layer 336 and a LTE physical layer (PHY) 350). Regarding claim 16, Shapiro discloses a first base station (see para. 0016, base station 125) for a wireless communication system, the first base station comprising: a transceiver; and a controller (see para. 0041, base station (an eNodeB) has central processing units and is well known to have a transceiver) configured to: transmit, to a terminal via the transceiver, a radio resource control (RRC) reconfiguration message including configuration information for a handover (see para. 0033, …the source base station node 220-1 generating a “handover command” (e.g., an RRC message) to the UE 210 to perform the handover, i.e., an “RRC connection reconfiguration” message including information such as the C-RNTI of the target base station node 220-2, the target DRB ID for the uplink and downlink of data traffic between the UE 210 and the target base station node 220-2, and other information), stop a reception of an uplink data from the terminal after a random access procedure between the terminal and a second base station performed based on the configuration information for the handover through a dual active protocol stack for the second base station is completed (see para. 0033, …the UE 210 tries to access the target base station node 220-2 using a non-contention-based Random Access Procedure. If it succeeds in accessing the target base station node 220-2, the UE 210 sends a “handover confirmation” message to the target base station node 220-2, Fig. 3, para. 0039, 0041, a protocol stack to be used at a base station including the radio protocol stack 310…in other words, the UE does not communicate to the source base station after it succeeds in accessing the target base station); and transmit, to the terminal via the transceiver, a downlink data until a connection to the terminal is released (see para. 0029, 0035, The release of the resources at the source base station node 220-1 during the handover completion phase is triggered by the target base station node 220-2…The target base station node 220-2 then requests the source base station node 220-1 to release the resources using an X2 “UE context release” message, and the X2 transport bearer for the direct packet forwarding is released…in other words, the terminal still receives downlink data from the source base station until the connection to the source base station is released). Regarding claim 17, Shapiro discloses wherein the dual active protocol stack for the second base station comprises at least one of a physical layer entity, a medium access control (MAC) entity, or a radio link control (RLC) entity (see Fig. 3, para. 0039, a radio link control (RLC) layer 334, a media access control (MAC) layer 336 and a LTE physical layer (PHY) 350). 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 (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 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 4, 9, 14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Shapiro (Pub. No.: US 2020/0037217; hereinafter Shapiro) in view of Lee (Pub. No.: US 2014/0295868; hereinafter Lee). Shapiro does not disclose the claimed features as recited in claims 4, 9, 14 and 19. Regarding claim 4, Lee discloses wherein a medium access control (MAC) entity for the first base station is reset, in case that the terminal is configured to release the connection to the first base station, and wherein the receiving of the downlink data from the first base station is stopped, in case that the MAC entity for the first base station is reset (see para. 0075, 0128, …to release the RRC connection, which includes the release of the established radio bearers as well as all radio resources. E-UTRAN (e.g., eNB) initiates the RRC connection release procedure to a UE in RRC_CONNECTED, and transmits a RRC connection release message to the UE in RRC_CONNECTED. Upon leaving RRC_CONNECTED, the UE enters RRC_IDLE, resets a MAC, releases all radio resources…this also include releasing the connection to the base station). Regarding claim 9, Lee discloses wherein the connection to the terminal is released, in case that the terminal is configured to release the connection to the terminal (see para. 0075, 0128, … E-UTRAN (e.g., eNB) initiates the RRC connection release procedure to a UE in RRC_CONNECTED, and transmits a RRC connection release message to the UE in RRC_CONNECTED. Upon leaving RRC_CONNECTED, the UE enters RRC_IDLE, resets a MAC, releases all radio resources…this also include releasing the connection to the base station). Regarding claim 14, Lee discloses wherein a medium access control (MAC) entity for the first base station is reset, in case that the terminal is configured to release the connection to the first base station, and wherein the receiving of the downlink data from the first base station is stopped, in case that the MAC entity for the first base station is reset (see para. 0075, 0128, …to release the RRC connection, which includes the release of the established radio bearers as well as all radio resources. E-UTRAN (e.g., eNB) initiates the RRC connection release procedure to a UE in RRC_CONNECTED, and transmits a RRC connection release message to the UE in RRC_CONNECTED. Upon leaving RRC_CONNECTED, the UE enters RRC_IDLE, resets a MAC, releases all radio resources…this also include releasing the connection to the base station). Regarding claim 19, Lee discloses wherein the connection to the terminal is released, in case that the terminal is configured to release the connection to the terminal (see para. 0075, 0128, … E-UTRAN (e.g., eNB) initiates the RRC connection release procedure to a UE in RRC_CONNECTED, and transmits a RRC connection release message to the UE in RRC_CONNECTED. Upon leaving RRC_CONNECTED, the UE enters RRC_IDLE, resets a MAC, releases all radio resources…this also include releasing the connection to the base station). It would have been obvious to one ordinary skilled in the art before the effective filing date of the claimed invention to modify the invention of Shapiro, and have the features, as taught by Lee, in order to efficiently manage a communication connection, as discussed by Lee (para. 0004). Allowable Subject Matter Claims 3, 5, 8, 10, 13, 15, 18 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anh Ngoc M Nguyen whose telephone number is (571) 270-5139. The examiner can normally be reached on Monday to Friday, from 7:30 am to 4:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kwang Bin Yao can be reached on ((571) 272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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 . 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. /ANH NGOC M NGUYEN/Primary Examiner, Art Unit 2473
Read full office action

Prosecution Timeline

Apr 29, 2024
Application Filed
Mar 12, 2026
Non-Final Rejection — §102, §103, §112 (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
90%
Grant Probability
99%
With Interview (+8.6%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 778 resolved cases by this examiner. Grant probability derived from career allow rate.

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