Prosecution Insights
Last updated: April 19, 2026
Application No. 18/690,764

Communication Technique between Radio Devices

Non-Final OA §102§103§112
Filed
Mar 11, 2024
Examiner
TOWFIGHI, AFSHAWN M
Art Unit
2469
Tech Center
2400 — Computer Networks
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
828 granted / 946 resolved
+29.5% vs TC avg
Moderate +9% lift
Without
With
+9.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
28 currently pending
Career history
974
Total Applications
across all art units

Statute-Specific Performance

§101
5.6%
-34.4% vs TC avg
§103
39.4%
-0.6% vs TC avg
§102
34.3%
-5.7% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 946 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted 3/11/24 is being considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: METHOD AND SYSTEM FOR DUAL RAT SIDELINK CONNECTION BEWTEEN RADIO DEVICES Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 48 recites the limitation "the least two first radio communication paths" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 49 recites the limitation "the least two first radio communication paths" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 50 recites the limitation "the least two first radio communication paths" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 51 recites the limitation "the least two first radio communication paths" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 52 recites the limitation "the second SL” in line 2. There is insufficient antecedent basis for this limitation in the claim. 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)(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. Claims 45-48, 53-59, 64, 65 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tseng et al (Pub No: 2020/0107236). As to claim 45, Tseng teaches a method of communicating data between a first radio device and a second radio device, the method being performed by the first radio device (Tseng, [0043][0053][0057] Fig 1, a method for a UE_A and UE_B) and comprising: establishing a first radio communication path between the first radio device and the second radio device, wherein the first radio communication path comprises a first radio access network (RAN) link between the first radio device and a first base station of a RAN for serving the first radio device (Tseng, [0043][0053][0057] Fig 1 Fig 12, a connection path is established between UE_A and UE_B via NR Uu interface and base station gNB) ; establishing a second radio communication path between the first radio device and the second radio device, the second radio communication path being different from the first radio communication path, wherein the second radio communication path comprises a first sidelink (SL) between the first radio device and the second radio device (Tseng, [0043][0053][0057] Fig 1 Fig 7 Fig 12, establishing a PC5 connection between UE_A and UE_B that is a SL connection); receiving a configuration message from the first base station, the configuration message being indicative of at least one criterion (Tseng, [0087]-[0089] Fig 1, receiving SL configuration data from the base station with implementation configuration criteria/state [0067-68]); and communicating data between the first radio device and the second radio device using selectively at least one of the first radio communication path and the second radio communication path depending on the at least one criterion (Tseng, [0058] Fig 1 [067][0073-0074], SL data is communicated between UE_A and B using the SL path that is selectively configured/selected based on the configuration criterion/state). As to claim 46, Tseng teaches wherein the establishing of the first radio communication path comprises establishing at least two first radio communication paths between the first radio device and the second radio device, wherein each of the at least two first radio communication paths comprises a first RAN link between the first radio device and the first base station (Tseng, [0043][0053][0057] Fig 1 Fig 12, a connection path is established between UE_A and UE_B via NR Uu interface and base station gNB. With a first link between UE_A and base station and second from base station to UE_B). As to claim 47, Tseng teaches wherein the communicating of the data between the first radio device and the second radio device selectively uses at least one of the at least two first radio communication path and the second radio communication path depending on at least one criterion (Tseng, [0058] Fig 1 [067][0073-0074], SL data is communicated between UE_A and B using the SL path that is selectively configured/selected based on the configuration criterion/state). As to claim 48, Tseng teaches wherein the first radio communication path, or at least one or each of the least two first radio communication paths, further comprises a second RAN link between the first base station and the second radio device (Tseng, [0043][0053][0057] Fig 1 Fig 12, a connection path is established between UE_A and UE_B via NR Uu interface and base station gNB. With a first link between UE_A and base station and second from base station to UE_B). As to claim 53, Tseng teaches wherein the first radio device and the second radio device are in dual connectivity (DC), wherein a first connection of the DC uses the first radio communication path and a second connection of the DC uses the second radio communication path (Tseng, [0033] Fig 13A, the UE_A and UE_B are in Dual connectivity). As to claim 54, Tseng teaches wherein the first radio device is configured with a split bearer for the communicating of the data between the first radio device and the second radio device (Tseng, [0072], configured with SRB1 and SRB2). As to claim 55, Tseng teaches wherein the first radio communication path is associated with a first radio link control (RLC) entity of the first radio device, and the second radio communication path is associated with a second radio link control, RLC, entity of the first radio device (Tseng, [0163][0134] Table 9, the first patch is associated with RLC layer and the sidelink is associated with RLC entity). As to claim 56, Tseng teaches wherein the communicating of the data uses the first radio communication path or the second radio communication path selectively per packet of the data (Tseng, [0058] Fig 1 [067][0073-0074], SL data is communicated between UE_A and B using the SL path that is selectively configured/selected based on the configuration criterion/state). As to claim 57, Tseng teaches wherein the communicating of the data comprises at least one of: duplicating packets of the data at a Packet Data Convergence Protocol (PDCP) entity of the first radio device according to the at least one criterion (Tseng, [0163], duplicating at the PDCP entity) As to claim 58, Tseng teaches wherein the communicating of the data comprises at least one of: transmitting duplicates of the packets of the data on the first radio communication path and the second radio communication path until a first trigger event according to the at least one criterion occurs (Tseng, [0163], duplicating at the PDCP entity until a per packet reliability value becomes a certain value (trigger)) As to claim 59, Tseng teaches wherein the communicating of the data comprises at least one of: transmitting duplicates of the packets of the data on the first radio communication path and the second radio communication path until a second trigger event according to the at least one criterion occurs (Tseng, [0163], duplicating at the PDCP entity until a per packet priority value becomes a certain value (second trigger)) As to claim 64, Tseng teaches a method of controlling communicating of data between a first radio device and a second radio device, the method being performed by a first base station of a radio access network (RAN) serving the first radio device (Tseng, [0043][0053][0057] Fig 1, a method for a via a base station UE_A and UE_B) and comprising or initiating the steps of: controlling establishing a first radio communication path between the first radio device and the second radio device, wherein the first radio communication path comprises a first RAN link between the first radio device and the first base station (Tseng, [0043][0053][0057] Fig 1 Fig 12, a connection path is established between UE_A and UE_B via NR Uu interface and base station gNB); controlling establishing a second radio communication path between the first radio device and the second radio device, the second radio communication path being different from the first radio communication path, wherein the second radio communication path comprises a first sidelink (SL) between the first radio device and the second radio device (Tseng, [0043][0053][0057] Fig 1 Fig 7 Fig 12, establishing a PC5 connection between UE_A and UE_B that is a SL connection); transmitting a configuration message from the first base station, the configuration message being indicative of at least one criterion (Tseng, [0087]-[0089] Fig 1, receiving SL configuration data from the base station with implementation configuration criteria/state [0067-68]); and controlling communicating data between the first radio device and the second radio device using selectively at least one of the first radio communication path and the second radio communication path depending on the at least one criterion (Tseng, [0058] Fig 1 [067][0073-0074], SL data is communicated between UE_A and B using the SL path that is selectively configured/selected based on the configuration criterion/state). As to claim 65, Tseng teaches a first radio device for communicating data between the first radio device and a second radio device, the first radio device comprising: a processor; and a memory storing instructions that, when executed by the processor (Tseng, [0043][0053][0057] Fig 1, a system for a UE_A and UE_B), configure the processor to control the first radio device: establish a first radio communication path between the first radio device and the second radio device, wherein the first radio communication path comprises a first radio access network (RAN) link between the first radio device and a first base station of a RAN for serving the first radio device (Tseng, [0043][0053][0057] Fig 1 Fig 12, a connection path is established between UE_A and UE_B via NR Uu interface and base station gNB); establish a second radio communication path between the first radio device and the second radio device, the second radio communication path being different from the first radio communication path, wherein the second radio communication path comprises a first sidelink (SL) between the first radio device and the second radio device (Tseng, [0043][0053][0057] Fig 1 Fig 7 Fig 12, establishing a PC5 connection between UE_A and UE_B that is a SL connection); receive a configuration message from the first base station, the configuration message being indicative of at least one criterion (Tseng, [0087]-[0089] Fig 1, receiving SL configuration data from the base station with implementation configuration criteria/state [0067-68]); and communicate data between the first radio device and the second radio device using selectively at least one of the first radio communication path and the second radio communication path depending on the at least one criterion (Tseng, [0058] Fig 1 [067][0073-0074], SL data is communicated between UE_A and B using the SL path that is selectively configured/selected based on the configuration criterion/state). 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 49-52 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng as applied to claim 45 above, and further in view of Wu et al (Pub No: 2021/0392628). As to claim 49, Tseng teaches the limitations of claim 45. Tseng does not explicitly teach the first radio communication path, or at least one or each of the least two first radio communication paths, further comprises: a backhaul link between the first base station and a second base of the RAN However, Wu teaches wherein the first radio communication path, or at least one or each of the least two first radio communication paths, further comprises: a backhaul link between the first base station and a second base of the RAN (Wu, Fig 1#134, a backhaul link between base stations), and a second RAN link between the second base station and the second radio device for serving the second radio device (Wu, Fig 2, a second link between the second UE and BS). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention to provide “a second base station and backhaul link” as taught by Wu in the system of Tseng, so that it would be an example of a wireless communication system that supports multi-radio access technology (Wu [0035]). As to claim 50, Tseng teaches the limitations of claim 45. Tseng does not explicitly teach the first radio communication path, or at least one or each of the least two first radio communication paths, further comprises: a second RAN link between the first base station and a relay radio device, and a second SL between the relay radio device and the second radio device However, Wu teaches wherein the first radio communication path, or at least one or each of the least two first radio communication paths, further comprises: a second RAN link between the first base station and a relay radio device (Wu, Fig 1, from a base station to another UE between the destination UE), and a second SL between the relay radio device and the second radio device (Wu, Fig 1, a link (SL) between a relay UE and destination UE). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention to provide “a relay between UE and base station” as taught by Wu in the system of Tseng, so that it would be an example of a wireless communication system that supports multi-radio access technology (Wu [0035]). As to claim 51, Tseng teaches the limitations of claim 45. Tseng does not explicitly teach the first radio communication path, or at least one or each of the least two first radio communication paths, further comprises: a backhaul link between the first base station and a second base of the RAN. However, Wu teaches wherein the first radio communication path, or at least one or each of the least two first radio communication paths, further comprises: a backhaul link between the first base station and a second base of the RAN (Wu, Fig 1#134, a backhaul link between base stations), and a second RAN link between the second base station and a relay radio device, and a second SL between the relay radio device and the second radio device (Wu, Fig 2, a second link between the second UE and BS). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention to provide “a second base station and backhaul link” as taught by Wu in the system of Tseng, so that it would be an example of a wireless communication system that supports multi-radio access technology (Wu [0035]). As to claim 52, Tseng teaches the limitations of claim 45. Tseng does not explicitly teach at least one or each of the first SL and the second SL further comprises at least two SL-based hops. However, Wu teaches wherein at least one or each of the first SL and the second SL further comprises at least two SL-based hops (Wu, Fig 2, the SL has 2 hops 220, 210, 215). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing data of the claimed invention to provide “a 2 hop sidelink” as taught by Wu in the system of Tseng, so that it would be an example of a wireless communication system that supports multi-radio access technology (Wu [0035]). Allowable Subject Matter Claims 60-63 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lovlekar et al (Pub No: 2020/0260463) [0173] Tseng et al (Pub No: 2020/0045674) Fig 1-8 Any inquiry concerning this communication or earlier communications from the examiner should be directed to AFSHAWN M TOWFIGHI whose telephone number is (571)270-7296. The examiner can normally be reached M-F 8:00 AM -5:00 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, Ian N Moore can be reached at 571-272-3085. 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. /AFSHAWN M TOWFIGHI/ Primary Examiner, Art Unit 2469
Read full office action

Prosecution Timeline

Mar 11, 2024
Application Filed
Feb 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
88%
Grant Probability
97%
With Interview (+9.1%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 946 resolved cases by this examiner. Grant probability derived from career allow rate.

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