Prosecution Insights
Last updated: August 17, 2026
Application No. 18/691,263

METHOD AND DEVICE FOR CELL GROUP ACTIVATION OR DEACTIVATION IN NEXT-GENERATION MOBILE COMMUNICATION SYSTEM

Final Rejection §102§103§112
Filed
Mar 12, 2024
Priority
Oct 15, 2021 — RE 10-2021-0137744 +2 more
Examiner
SMITH, JOSHUA Y
Art Unit
2477
Tech Center
2400 — Computer Networks
Assignee
Samsung Electronics Co., Ltd.
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
1y 7m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
337 granted / 491 resolved
+10.6% vs TC avg
Strong +26% interview lift
Without
With
+25.5%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
28 currently pending
Career history
542
Total Applications
across all art units

Statute-Specific Performance

§101
6.4%
-33.6% vs TC avg
§103
64.4%
+24.4% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 491 resolved cases

Office Action

§102 §103 §112
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 . The amendment filed 5/22/2026 has been entered. Claims 15, 17-21, 23-25, 27-31 and 33-34 are pending. Claims 1-14, 16, 22, 26 and 32 are cancelled. Claims 15, 17-21, 23-25, 27-31 and 33-34 stand rejected. 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. Claim(s) 15, 18, 23, 25, 28 and 33 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Da Silva et al. (Pub. No.: US 20230337020 A1), hereafter referred to as Da Silva. In regard to Claim 15, Da Silva teaches A method performed by a user equipment (UE) supporting a dual connectivity (DC) in a wireless communication system (NR network architecture and various dual connectivity (DC) arrangements, Para. 117, FIGS. 2-5. DC can be achieved by allowing a UE to connect to multiple DUs served by the same CU or by allowing a UE to connect to multiple DUs served by different CUs, Para. 121, FIGS. 3-5), the method comprising: receiving, from a base station (a network node, Para. 242, FIG. 20), a radio resource control (RRC) message including first information for performing a beam failure detection (BFD) (Radio Resource Control (RRC) layers between the UE and eNB, Para. 8, FIG. 2. FIG. 15A shows an ASN.1 data structure for an exemplary RRC RadioLinkMonitoringConfig IE, which can be used to configure resources for BFD, Para. 213, FIG. 15A) on a primary secondary cell (PSCell) (a serving cell in that cell group, which may be the PCell/PScell, Para. 177. The Serving Cells of the second cell group can be an SpCell (PSCell), Para. 273. The Serving Cell (e.g., PSCell), Para. 378, 379, 382, 383) when a secondary cell group (SCG) is deactivated (before the UE enters the reduced-energy mode for the SCG, sending to the UE one or more of the following information that is specific to the reduced-energy mode for the SCG: an SCG BFD configuration, Para. 60. The UE can determine if beam failure associated with the second cell group while the second cell group is in the second mode of operation (e.g., deactivated SCG) should be declared, Para. 249, FIG. 20) and configuration information (FIG. 15B shows an ASN.1 data structure for an exemplary SpCellConfig IE, including rlmInSyncOutOfSyncThreshold, Para. 214, FIG. 15B. BFR/RA parameters may be configured in a new beamFailureRecoveryConfig-deactivated-SCG IE or field, which possibly can be included in the BeamFailureRecoveryConfig IE show in FIG. 16. Parameters that can be included in such an IE or field: rsrp-ThresholdSSB, Para. 323, 326, FIG. 16. RRC configures the following parameters for the Random Access procedure: rsrp-ThresholdSSB, Para. 404, 406) for the BFD (The configured thresholds for BFD are Qout,LR and Qin,LR. The former corresponds to the default value of rlmInSyncOutOfSyncThreshold as configured in the RRC IE SpCellConfig. The latter corresponds to the value provided by fields rsrp-ThresholdSSB, Para. 214, FIG. 15B). Da Silva teaches based on the first information (SCG BFD configuration, Para. 60. RRC RadioLinkMonitoringConfig IE, which can be used to configure resources for BFD, Para. 213, FIG. 15A) and the configuration information (FIG. 15B shows an ASN.1 data structure for an exemplary SpCellConfig IE, including rlmInSyncOutOfSyncThreshold, Para. 214, FIG. 15B. BFR/RA parameters may be configured in a new beamFailureRecoveryConfig-deactivated-SCG IE or field, which possibly can be included in the BeamFailureRecoveryConfig IE show in FIG. 16. Parameters that can be included in such an IE or field: rsrp-ThresholdSSB, Para. 323, 326, FIG. 16. RRC configures the following parameters for the Random Access procedure: rsrp-ThresholdSSB, Para. 404, 406) for the BFD (The configured thresholds for BFD are Qout,LR and Qin,LR. The former corresponds to the default value of rlmInSyncOutOfSyncThreshold as configured in the RRC IE SpCellConfig. The latter corresponds to the value provided by fields rsrp-ThresholdSSB, Para. 214, FIG. 15B), detecting a beam failure (When BFD is declared the UE considers beam failure to be detected, Para. 251, FIG. 20. When the second cell group is deactivated the UE stops BFD for the SCell(s) and only continues BFD for the PSCell, Para. 298, FIG. 20). Da Silva teaches if a serving cell is the PSCeII (a serving cell in that cell group, which may be the PCell/PScell, Para. 177. The Serving Cells of the second cell group can be an SpCell (PSCell), Para. 273. The Serving Cell (e.g., PSCell), Para. 378, 379, 382, 383) and the SCG is deactivated (the UE can determine if beam failure associated with the second cell group while the second cell group is in the second mode of operation (e.g., deactivated SCG) should be declared, Para. 249, FIG. 20), indicating the beam failure (When BFD is declared the UE indicates this to the network via the first cell group, either in a MAC CE or RRC message. This way the network will immediately get the knowledge of the beam failure, Para. 252, FIG. 20) of the PSCeII (when the second cell group is deactivated the UE stops BFD for the SCell(s) and only continues BFD for the PSCell, Para. 298, FIG. 20) to an upper layer (Radio Resource Control (RRC) layers between the UE and eNB, Para. 8, FIG. 2. When BFD is declared the UE indicates this to the network via the first cell group, either in a MAC CE or RRC message, Para. 252, FIG. 20). In regard to Claim 18, Da Silva teaches if the serving cell is a secondary cell (SCell), triggering a beam failure recovery for the serving cell (the UE can determine if beam failure associated with the second cell group while the second cell group is in the second mode of operation (e.g., deactivated SCG) should be declared, and perform at least one of the following actions based on whether BFD is declared: Trigger random access for BFR on the second cell group (e.g., with the SpCell of the second cell group) if BFD is declared, Para. 249-250, FIG. 20. .The term “Special Cell” (or “SpCell” for short) refers to the PSCell of the SCG, Para. 16. The UE performs at least the actions as described in 3GPP TS 38.213 section 6 (“Link recovery procedures”) for the SpCell of the second cell group. These may be configured only for use while the second cell group is deactivated, Para. 300). In regard to Claim 23, Da Silva teaches A method performed by a base station (a network node, Para. 242, FIG. 20) supporting a dual connectivity (DC) in a wireless communication system (NR network architecture and various dual connectivity (DC) arrangements, Para. 117, FIGS. 2-5. DC can be achieved by allowing a UE to connect to multiple DUs served by the same CU or by allowing a UE to connect to multiple DUs served by different CUs, Para. 121, FIGS. 3-5), the method comprising: generating a radio resource control (RRC) message including first information for performing a beam failure detection (BFD) (Radio Resource Control (RRC) layers between the UE and eNB, Para. 8, FIG. 2. FIG. 15A shows an ASN.1 data structure for an exemplary RRC RadioLinkMonitoringConfig IE, which can be used to configure resources for BFD, Para. 213, FIG. 15A) on a primary secondary cell (PSCell) (a serving cell in that cell group, which may be the PCell/PScell, Para. 177. The Serving Cells of the second cell group can be an SpCell (PSCell), Para. 273. The Serving Cell (e.g., PSCell), Para. 378, 379, 382, 383) when a secondary cell group (SCG) is deactivated (before the UE enters the reduced-energy mode for the SCG, sending to the UE one or more of the following information that is specific to the reduced-energy mode for the SCG: an SCG BFD configuration, Para. 60. The UE can determine if beam failure associated with the second cell group while the second cell group is in the second mode of operation (e.g., deactivated SCG) should be declared, Para. 249, FIG. 20. When the second cell group is deactivated the UE stops BFD for the SCell(s) and only continues BFD for the PSCell, Para. 298, FIG. 20) and configuration information (FIG. 15B shows an ASN.1 data structure for an exemplary SpCellConfig IE, including rlmInSyncOutOfSyncThreshold, Para. 214, FIG. 15B. BFR/RA parameters may be configured in a new beamFailureRecoveryConfig-deactivated-SCG IE or field, which possibly can be included in the BeamFailureRecoveryConfig IE show in FIG. 16. Parameters that can be included in such an IE or field: rsrp-ThresholdSSB, Para. 323, 326, FIG. 16. RRC configures the following parameters for the Random Access procedure: rsrp-ThresholdSSB, Para. 404, 406) for the BFD (The configured thresholds for BFD are Qout,LR and Qin,LR. The former corresponds to the default value of rlmInSyncOutOfSyncThreshold as configured in the RRC IE SpCellConfig. The latter corresponds to the value provided by fields rsrp-ThresholdSSB, Para. 214, FIG. 15B). Da Silva teaches transmitting, to a user equipment (UE) (UE, Para. 60), the RRC message including the first information (SCG BFD configuration, Para. 60. RRC RadioLinkMonitoringConfig IE, which can be used to configure resources for BFD, Para. 213, FIG. 15A) and the configuration information (FIG. 15B shows an ASN.1 data structure for an exemplary SpCellConfig IE, including rlmInSyncOutOfSyncThreshold, Para. 214, FIG. 15B. BFR/RA parameters may be configured in a new beamFailureRecoveryConfig-deactivated-SCG IE or field, which possibly can be included in the BeamFailureRecoveryConfig IE show in FIG. 16. Parameters that can be included in such an IE or field: rsrp-ThresholdSSB, Para. 323, 326, FIG. 16. RRC configures the following parameters for the Random Access procedure: rsrp-ThresholdSSB, Para. 404, 406) for the BFD (The configured thresholds for BFD are Qout,LR and Qin,LR. The former corresponds to the default value of rlmInSyncOutOfSyncThreshold as configured in the RRC IE SpCellConfig. The latter corresponds to the value provided by fields rsrp-ThresholdSSB, Para. 214, FIG. 15B). In regard to Claim 25, Da Silva teaches A user equipment (UE) supporting a dual connectivity (DC) in a wireless communication system (NR network architecture and various dual connectivity (DC) arrangements, Para. 117, FIGS. 2-5. DC can be achieved by allowing a UE to connect to multiple DUs served by the same CU or by allowing a UE to connect to multiple DUs served by different CUs, Para. 121, FIGS. 3-5), the UE comprising: a transceiver (Communication subsystem 3231 can be configured to include one or more transceivers, Para. 591, FIG. 32); and a controller coupled with the transceiver (processing circuitry 3201 that is operatively coupled to communication subsystem 3231, Para. 584, FIG. 32), and configured to: receive, from a base station (a network node, Para. 242, FIG. 20), a radio resource control (RRC) message including first information for performing a beam failure detection (BFD) (Radio Resource Control (RRC) layers between the UE and eNB, Para. 8, FIG. 2. FIG. 15A shows an ASN.1 data structure for an exemplary RRC RadioLinkMonitoringConfig IE, which can be used to configure resources for BFD, Para. 213, FIG. 15A) on a primary secondary cell (PSCell) (a serving cell in that cell group, which may be the PCell/PScell, Para. 177. The Serving Cells of the second cell group can be an SpCell (PSCell), Para. 273. The Serving Cell (e.g., PSCell), Para. 378, 379, 382, 383) when a secondary cell group (SCG) is deactivated (before the UE enters the reduced-energy mode for the SCG, sending to the UE one or more of the following information that is specific to the reduced-energy mode for the SCG: an SCG BFD configuration, Para. 60. The UE can determine if beam failure associated with the second cell group while the second cell group is in the second mode of operation (e.g., deactivated SCG) should be declared, Para. 249, FIG. 20) and configuration information (FIG. 15B shows an ASN.1 data structure for an exemplary SpCellConfig IE, including rlmInSyncOutOfSyncThreshold, Para. 214, FIG. 15B. BFR/RA parameters may be configured in a new beamFailureRecoveryConfig-deactivated-SCG IE or field, which possibly can be included in the BeamFailureRecoveryConfig IE show in FIG. 16. Parameters that can be included in such an IE or field: rsrp-ThresholdSSB, Para. 323, 326, FIG. 16. RRC configures the following parameters for the Random Access procedure: rsrp-ThresholdSSB, Para. 404, 406) for the BFD (The configured thresholds for BFD are Qout,LR and Qin,LR. The former corresponds to the default value of rlmInSyncOutOfSyncThreshold as configured in the RRC IE SpCellConfig. The latter corresponds to the value provided by fields rsrp-ThresholdSSB, Para. 214, FIG. 15B). Da Silva teaches based on the first information (SCG BFD configuration, Para. 60. RRC RadioLinkMonitoringConfig IE, which can be used to configure resources for BFD, Para. 213, FIG. 15A) and the configuration information (FIG. 15B shows an ASN.1 data structure for an exemplary SpCellConfig IE, including rlmInSyncOutOfSyncThreshold, Para. 214, FIG. 15B. BFR/RA parameters may be configured in a new beamFailureRecoveryConfig-deactivated-SCG IE or field, which possibly can be included in the BeamFailureRecoveryConfig IE show in FIG. 16. Parameters that can be included in such an IE or field: rsrp-ThresholdSSB, Para. 323, 326, FIG. 16. RRC configures the following parameters for the Random Access procedure: rsrp-ThresholdSSB, Para. 404, 406) for the BFD (The configured thresholds for BFD are Qout,LR and Qin,LR. The former corresponds to the default value of rlmInSyncOutOfSyncThreshold as configured in the RRC IE SpCellConfig. The latter corresponds to the value provided by fields rsrp-ThresholdSSB, Para. 214, FIG. 15B), detect a beam failure (When BFD is declared the UE considers beam failure to be detected, Para. 251, FIG. 20. When the second cell group is deactivated the UE stops BFD for the SCell(s) and only continues BFD for the PSCell, Para. 298, FIG. 20). Da Silva teaches if a serving cell is the PSCeII (a serving cell in that cell group, which may be the PCell/PScell, Para. 177. The Serving Cells of the second cell group can be an SpCell (PSCell), Para. 273. The Serving Cell (e.g., PSCell), Para. 378, 379, 382, 383) and the SCG is deactivated (the UE can determine if beam failure associated with the second cell group while the second cell group is in the second mode of operation (e.g., deactivated SCG) should be declared, Para. 249, FIG. 20), indicate the beam failure (When BFD is declared the UE indicates this to the network via the first cell group, either in a MAC CE or RRC message. This way the network will immediately get the knowledge of the beam failure, Para. 252, FIG. 20) of the PSCell (when the second cell group is deactivated the UE stops BFD for the SCell(s) and only continues BFD for the PSCell, Para. 298, FIG. 20) to an upper layer (Radio Resource Control (RRC) layers between the UE and eNB, Para. 8, FIG. 2. When BFD is declared the UE indicates this to the network via the first cell group, either in a MAC CE or RRC message, Para. 252, FIG. 20). In regard to Claim 28, Da Silva teaches the controller is further configured to: if the serving cell is a secondary cell (SCell), trigger a beam failure recovery for the serving cell (the UE can determine if beam failure associated with the second cell group while the second cell group is in the second mode of operation (e.g., deactivated SCG) should be declared, and perform at least one of the following actions based on whether BFD is declared: Trigger random access for BFR on the second cell group (e.g., with the SpCell of the second cell group) if BFD is declared, Para. 249-250, FIG. 20. .The term “Special Cell” (or “SpCell” for short) refers to the PSCell of the SCG, Para. 16. The UE performs at least the actions as described in 3GPP TS 38.213 section 6 (“Link recovery procedures”) for the SpCell of the second cell group. These may be configured only for use while the second cell group is deactivated, Para. 300). In regard to Claim 33, Da Silva teaches A base station (a network node, Para. 242, FIG. 20) supporting a dual connectivity (DC) in a wireless communication system (NR network architecture and various dual connectivity (DC) arrangements, Para. 117, FIGS. 2-5. DC can be achieved by allowing a UE to connect to multiple DUs served by the same CU or by allowing a UE to connect to multiple DUs served by different CUs, Para. 121, FIGS. 3-5), the base station comprising: a transceiver (radio frequency (RF) transceiver circuitry 3172, Para. 559, FIG. 31); and a controller (Processing circuitry 3170, Para. 557, FIG. 31) configured to: generate a radio resource control (RRC) message including first information for performing a beam failure detection (BFD) (Radio Resource Control (RRC) layers between the UE and eNB, Para. 8, FIG. 2. FIG. 15A shows an ASN.1 data structure for an exemplary RRC RadioLinkMonitoringConfig IE, which can be used to configure resources for BFD, Para. 213, FIG. 15A) on a primary secondary cell (PSCell) (a serving cell in that cell group, which may be the PCell/PScell, Para. 177. The Serving Cells of the second cell group can be an SpCell (PSCell), Para. 273. The Serving Cell (e.g., PSCell), Para. 378, 379, 382, 383) when a secondary cell group (SCG) is deactivated (before the UE enters the reduced-energy mode for the SCG, sending to the UE one or more of the following information that is specific to the reduced-energy mode for the SCG: an SCG BFD configuration, Para. 60. The UE can determine if beam failure associated with the second cell group while the second cell group is in the second mode of operation (e.g., deactivated SCG) should be declared, Para. 249, FIG. 20. When the second cell group is deactivated the UE stops BFD for the SCell(s) and only continues BFD for the PSCell, Para. 298, FIG. 20) and configuration information (FIG. 15B shows an ASN.1 data structure for an exemplary SpCellConfig IE, including rlmInSyncOutOfSyncThreshold, Para. 214, FIG. 15B. BFR/RA parameters may be configured in a new beamFailureRecoveryConfig-deactivated-SCG IE or field, which possibly can be included in the BeamFailureRecoveryConfig IE show in FIG. 16. Parameters that can be included in such an IE or field: rsrp-ThresholdSSB, Para. 323, 326, FIG. 16. RRC configures the following parameters for the Random Access procedure: rsrp-ThresholdSSB, Para. 404, 406) for the BFD (The configured thresholds for BFD are Qout,LR and Qin,LR. The former corresponds to the default value of rlmInSyncOutOfSyncThreshold as configured in the RRC IE SpCellConfig. The latter corresponds to the value provided by fields rsrp-ThresholdSSB, Para. 214, FIG. 15B). Da Silva teaches transmit, to a user equipment (UE) (UE, Para. 60), the RRC message including the first information (SCG BFD configuration, Para. 60. RRC RadioLinkMonitoringConfig IE, which can be used to configure resources for BFD, Para. 213, FIG. 15A) and the configuration information (FIG. 15B shows an ASN.1 data structure for an exemplary SpCellConfig IE, including rlmInSyncOutOfSyncThreshold, Para. 214, FIG. 15B. BFR/RA parameters may be configured in a new beamFailureRecoveryConfig-deactivated-SCG IE or field, which possibly can be included in the BeamFailureRecoveryConfig IE show in FIG. 16. Parameters that can be included in such an IE or field: rsrp-ThresholdSSB, Para. 323, 326, FIG. 16. RRC configures the following parameters for the Random Access procedure: rsrp-ThresholdSSB, Para. 404, 406) for the BFD (The configured thresholds for BFD are Qout,LR and Qin,LR. The former corresponds to the default value of rlmInSyncOutOfSyncThreshold as configured in the RRC IE SpCellConfig. The latter corresponds to the value provided by fields rsrp-ThresholdSSB, Para. 214, FIG. 15B). 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) 17 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Da Silva in view of Zhang et al. (Pub. No.: US 20220272752 A1), hereafter referred to as Zhang ‘752. In regard to Claim 17, as presented in the rejection of Claim 15, Da Silva teaches reporting the beam failure of the PSCeII to the upper layer. Da Silva fails to teach stopping a timer associated with the BFD after indicating the beam failure of the PSCeII to the upper layer. Zhang ‘752 teaches stopping a timer associated with the BFD after indicating the beam failure of the PSCeII to the upper layer (beam specific channel sensing failure detection, reporting, and recovery operations are provided to enable enhanced operation in beam based operations. The parameters lbt-FailureDetectionTimer may be programed or configured, such as by RRC. The timer is reset or restarted with every LBT failure indication for the beam, Para. 70). 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 Zhang ‘752 with the teachings of Da Silva since Zhang ‘752 provides a technique for managing timers based on beam failure operations, which can be introduced into the arrangement of Da Silva to permit the efficient management of timers in relation to BFD actions. In regard to Claim 27, as presented in the rejection of Claim 25, Da Silva teaches reporting the beam failure of the PSCeII to the upper layer. Da Silva fails to teach the controller is further configured to: stop a timer associated with the BFD after indicating the beam failure of the PSCeII to the upper layer. Zhang ‘752 teaches the controller is further configured to: stop a timer associated with the BFD after indicating the beam failure of the PSCeII to the upper layer (beam specific channel sensing failure detection, reporting, and recovery operations are provided to enable enhanced operation in beam based operations. The parameters lbt-FailureDetectionTimer may be programed or configured, such as by RRC. The timer is reset or restarted with every LBT failure indication for the beam, Para. 70). 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 Zhang ‘752 with the teachings of Da Silva since Zhang ‘752 provides a technique for managing timers based on beam failure operations, which can be introduced into the arrangement of Da Silva to permit the efficient management of timers in relation to BFD actions. Claim(s) 19 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Da Silva in view of Zhang et al. (Pub. No.: US 20250008389 A1), hereafter referred to as Zhang ‘389. In regard to Claim 19, as presented in the rejection of Claim 15, Da Silva teaches the serving cell. Da Silva fails to teach if the serving cell is a primary cell (PCell) or the serving cell is the PSCelI and the SCG is activated, initiating a random access procedure on the PCell or the PSCelI. Zhang ‘389 teaches if the serving cell is a primary cell (PCell) or the serving cell is the PSCelI and the SCG is activated, initiating a random access procedure on the PCell or the PSCelI (UE 510 determines whether to perform a random access channel (RACH) to the new PSCell/SCG according to the (de) activation state of the old PSCell/SCG. The new PSCell/SCG may inherit the PSCell/SCG (de) activation state from the old PSCell/SCG. If the old PSCell/SCG is activated, the new PSCell/SCG is thus activated, and UE 510 may perform a RA procedure or send a data packet directly to the new PSCell/SCG, Para. 147, FIG. 10). 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 Zhang ‘389 with the teachings of Da Silva since Zhang ‘389 provides a technique for managing random access based on states of cells, which can be introduced into the arrangement of Da Silva to permit the efficient management of random access in relation to cell states. In regard to Claim 29, as presented in the rejection of Claim 25, Da Silva teaches the serving cell. Da Silva fails to teach the controller is further configured to: if the serving cell is a primary cell (PCell) or the serving cell is the PSCeIl and the SCG is activated, initiate a random access procedure on the PCell or the PSCeIl. Zhang ‘389 teaches the controller is further configured to: if the serving cell is a primary cell (PCell) or the serving cell is the PSCeIl and the SCG is activated, initiate a random access procedure on the PCell or the PSCeIl (UE 510 determines whether to perform a random access channel (RACH) to the new PSCell/SCG according to the (de) activation state of the old PSCell/SCG. The new PSCell/SCG may inherit the PSCell/SCG (de) activation state from the old PSCell/SCG. If the old PSCell/SCG is activated, the new PSCell/SCG is thus activated, and UE 510 may perform a RA procedure or send a data packet directly to the new PSCell/SCG, Para. 147, FIG. 10). 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 Zhang ‘389 with the teachings of Da Silva since Zhang ‘389 provides a technique for managing random access based on states of cells, which can be introduced into the arrangement of Da Silva to permit the efficient management of random access in relation to cell states. Claim(s) 20-21 and 30-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Da Silva in view of Koskela et al. (Pub. No.: US 20240163952 A1), hereafter referred to as Koskela. In regard to Claim 20, as presented in the rejection of Claim 15, Da Silva teaches the beam failure detection configuration information. Da Silva fails to teach the configuration information for the BFD includes second information on a maximum count value for a beam failure instance, third information on a beam failure detection timer, and fourth information indicating a synchronization signal block (SSB) or a channel state information reference signal (CSI-RS) for the BFD. Koskela teaches the configuration information for the BFD includes second information on a maximum count value for a beam failure instance, third information on a beam failure detection timer, and fourth information indicating a synchronization signal block (SSB) or a channel state information reference signal (CSI-RS) for the BFD (The MAC layer uses a BFI-counter to count the BFI indications for each respective cell and when it counts a predefined number of BFI instances indicated by the lower layer for the corresponding cell (PCell/SCell), it initiates/triggers the BFR mechanism. The BFI-counter is supervised by a BFD timer. Each time the UE receives a new BFI indication, the BFD timer is triggered (started or restarted), and the BFI counter is incremented. If the BFD timer expires, the BFI-counter is reset. The BFI counter and BFD timer may be configured per TRP, per BFD-RS set or per serving beam or serving beam set, Para. 55. The TRP may configure the UE explicitly by using the BFD-RS for corresponding CORESET sets, Para. 58. Each of the predefined counter value and the predefined threshold value used in the above-defined rules may mean a value configured by the network in which the UE 500 communicates with the first and second TRPs, Para. 90. The UE may indicate a candidate beam that is on a candidate beam list (i.e. a list of candidate beam indices that are either SSB and/or CSI-RS indices), Para. 56, FIG. 3). 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 Koskela with the teachings of Da Silva since Koskela provides a technique for managing BFD timers and BFI counters for beam recovery, which can be introduced into the arrangement of Da Silva to permit introduction of efficient timers for BFD and counters for appropriately starting beam recovery. In regard to Claim 21, as presented in the rejection of Claim 15, Da Silva teaches the method. Da Silva fails to teach receiving, from a lower layer, a beam failure instance indication; starting the beam failure detection timer; increasing a beam failure instance counter; and if the beam failure instance counter is equal to or larger than the second information, detecting the beam failure. Koskela teaches receiving, from a lower layer, a beam failure instance indication; starting the beam failure detection timer; increasing a beam failure instance counter; and if the beam failure instance counter is equal to or larger than the second information, detecting the beam failure (The MAC layer uses a BFI-counter to count the BFI indications for each respective cell and when it counts a predefined number of BFI instances indicated by the lower layer for the corresponding cell (PCell/SCell), it initiates/triggers the BFR mechanism. The BFI-counter is supervised by a BFD timer. Each time the UE receives a new BFI indication, the BFD timer is triggered (started or restarted), and the BFI counter is incremented. If the BFD timer expires, the BFI-counter is reset. The BFI counter and BFD timer may be configured per TRP, per BFD-RS set or per serving beam or serving beam set, Para. 55. The TRP may configure the UE explicitly by using the BFD-RS for corresponding CORESET sets, Para. 58. Each of the predefined counter value and the predefined threshold value used in the above-defined rules may mean a value configured by the network in which the UE 500 communicates with the first and second TRPs, Para. 90). 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 Koskela with the teachings of Da Silva since Koskela provides a technique for managing BFD timers and BFI counters for beam recovery, which can be introduced into the arrangement of Da Silva to permit introduction of efficient timers for BFD and counters for appropriately starting beam recovery. In regard to Claim 30, as presented in the rejection of Claim 25, Da Silva teaches the beam failure detection configuration information. Da Silva fails to teach the configuration information for the BFD includes second information on a maximum count value for a beam failure instance, third information on a beam failure detection timer, and fourth information indicating a synchronization signal block (SSB) or a channel state information reference signal (CSI-RS) for the BFD. Koskela teaches the configuration information for the BFD includes second information on a maximum count value for a beam failure instance, third information on a beam failure detection timer, and fourth information indicating a synchronization signal block (SSB) or a channel state information reference signal (CSI-RS) for the BFD (The MAC layer uses a BFI-counter to count the BFI indications for each respective cell and when it counts a predefined number of BFI instances indicated by the lower layer for the corresponding cell (PCell/SCell), it initiates/triggers the BFR mechanism. The BFI-counter is supervised by a BFD timer. Each time the UE receives a new BFI indication, the BFD timer is triggered (started or restarted), and the BFI counter is incremented. If the BFD timer expires, the BFI-counter is reset. The BFI counter and BFD timer may be configured per TRP, per BFD-RS set or per serving beam or serving beam set, Para. 55. The TRP may configure the UE explicitly by using the BFD-RS for corresponding CORESET sets, Para. 58. Each of the predefined counter value and the predefined threshold value used in the above-defined rules may mean a value configured by the network in which the UE 500 communicates with the first and second TRPs, Para. 90. The UE may indicate a candidate beam that is on a candidate beam list (i.e. a list of candidate beam indices that are either SSB and/or CSI-RS indices), Para. 56, FIG. 3). 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 Koskela with the teachings of Da Silva since Koskela provides a technique for managing BFD timers and BFI counters for beam recovery, which can be introduced into the arrangement of Da Silva to permit introduction of efficient timers for BFD and counters for appropriately starting beam recovery. In regard to Claim 31, as presented in the rejection of Claim 25, Da Silva teaches the UE. Da Silva fails to teach receive, from a lower layer, a beam failure instance indication, start the beam failure detection timer, increase a beam failure instance counter, and if the beam failure instance counter is equal to or larger than the second information, detect the beam failure. Koskela teaches receive, from a lower layer, a beam failure instance indication, start the beam failure detection timer, increase a beam failure instance counter, and if the beam failure instance counter is equal to or larger than the second information, detect the beam failure (The MAC layer uses a BFI-counter to count the BFI indications for each respective cell and when it counts a predefined number of BFI instances indicated by the lower layer for the corresponding cell (PCell/SCell), it initiates/triggers the BFR mechanism. The BFI-counter is supervised by a BFD timer. Each time the UE receives a new BFI indication, the BFD timer is triggered (started or restarted), and the BFI counter is incremented. If the BFD timer expires, the BFI-counter is reset. The BFI counter and BFD timer may be configured per TRP, per BFD-RS set or per serving beam or serving beam set, Para. 55. The TRP may configure the UE explicitly by using the BFD-RS for corresponding CORESET sets, Para. 58. Each of the predefined counter value and the predefined threshold value used in the above-defined rules may mean a value configured by the network in which the UE 500 communicates with the first and second TRPs, Para. 90). 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 Koskela with the teachings of Da Silva since Koskela provides a technique for managing BFD timers and BFI counters for beam recovery, which can be introduced into the arrangement of Da Silva to permit introduction of efficient timers for BFD and counters for appropriately starting beam recovery. Claim(s) 24 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Da Silva in view of Uesaka et al. (Pub. No.: US 20230354453 A1), hereafter referred to as Uesaka. In regard to Claim 24, as presented in the rejection of Claim 23, Da Silva teaches the beam failure detection configuration information. Da Silva fails to teach the configuration information for the BFD includes second information on a maximum count value for a beam failure instance, third information on a beam failure detection timer, and fourth information indicating a synchronization signal block (SSB) or a channel state information reference signal (CSI-RS) for the BFD. Uesaka teaches the configuration information for the BFD includes second information on a maximum count value for a beam failure instance, third information on a beam failure detection timer, and fourth information indicating a synchronization signal block (SSB) or a channel state information reference signal (CSI-RS) for the BFD (Beam failure is detected in L1 (i.e., PHY) when the BLER of a (hypothetical) PDCCH is above a threshold for a certain time. This step is also called beam failure detection (BFD), In the second step, new candidate beams are identified by measuring beam identification RS, such as CSI-RS or SSB, Para. 109. The network node configures the UE's candidate beam reference signal list (e.g., via RRC signaling), which includes SSB ID(s) and/or CSI-RS resource ID(s). The network may also configure a timer (e.g., beamFailureRecoveryTimer) with a particular value (e.g., 100 ms), Para. 118). 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 Uesaka with the teachings of Da Silva since Uesaka provides a technique for configuring UEs with SSB IDs and/or CSI-RS resource IDs in relation to beam failure detection, which can be introduced into the arrangement of Da Silva to permit a network node to inform a UE of specific resources for the detection of beam failures. In regard to Claim 34, as presented in the rejection of Claim 33, Da Silva teaches the beam failure detection configuration information. Da Silva fails to teach the configuration information for the BFD includes second information on a maximum count value for a beam failure instance, third information on a beam failure detection timer, and fourth information indicating a synchronization signal block (SSB) or a channel state information reference signal (CSI-RS) for the BFD. Uesaka teaches the configuration information for the BFD includes second information on a maximum count value for a beam failure instance, third information on a beam failure detection timer, and fourth information indicating a synchronization signal block (SSB) or a channel state information reference signal (CSI-RS) for the BFD (Beam failure is detected in L1 (i.e., PHY) when the BLER of a (hypothetical) PDCCH is above a threshold for a certain time. This step is also called beam failure detection (BFD), In the second step, new candidate beams are identified by measuring beam identification RS, such as CSI-RS or SSB, Para. 109. The network node configures the UE's candidate beam reference signal list (e.g., via RRC signaling), which includes SSB ID(s) and/or CSI-RS resource ID(s). The network may also configure a timer (e.g., beamFailureRecoveryTimer) with a particular value (e.g., 100 ms), Para. 118). 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 Uesaka with the teachings of Da Silva since Uesaka provides a technique for configuring UEs with SSB IDs and/or CSI-RS resource IDs in relation to beam failure detection, which can be introduced into the arrangement of Da Silva to permit a network node to inform a UE of specific resources for the detection of beam failures. Response to Arguments I. New Citations of Reference Responsive to Amendment Da Silva teaches in Para. 213 and FIG. 15A: “FIG. 15A shows an ASN.1 data structure for an exemplary RRC RadioLinkMonitoringConfig IE, which can be used to configure resources for BFD” (emphasis added). An RRC Information Element (IE) used to configure resources for BFD of Da Silva, is substantively the same as a radio resource control (RRC) message including first information for performing a beam failure detection (BFD) of Claim 15. Da Silva teaches in Para. 177: “the RS for a given TCI state is associated with a serving cell in that cell group, which may be the PCell/PScell or an associated SCell” (emphasis added). Da Silva teaches in Para. 249 and FIG. 20: “the UE can determine if beam failure associated with the second cell group while the second cell group is in the second mode of operation (e.g., deactivated SCG) should be declared” (emphasis added). This shows that a PScell can be a serving cell, and beam failure can be determined with a deactivated SCG. Determining a beam failure with a PScell as a serving cell and with a deactivated SCG of Da Silva, is substantively the same as performing a beam failure detection (BFD) on a primary secondary cell (PSCell) when a secondary cell group (SCG) is deactivated of Claim 15. As a result, an RRC information element used to configure resources for BFD to determine a beam failure with a PScell as a serving cell and with a deactivated SCG of Da Silva, is substantively the same as a radio resource control (RRC) message including first information for performing a beam failure detection (BFD) on a primary secondary cell (PSCell) when a secondary cell group (SCG) is deactivated of Claim 15. Da Silva teaches in Para. 214 and FIG. 15B: “FIG. 15B shows an ASN.1 data structure for an exemplary SpCellConfig IE, including rlmInSyncOutOfSyncThreshold” (emphasis added). Da Silva teaches in Para. 323, 326 and FIG. 16: “The following are some exemplary parameters that can be included in such an IE or field (see definitions in 3GPP TS 38.331 or 38.321): … rsrp-ThresholdSSB of RSRP-Range” (emphasis added). Da Silva teaches in Para. 404 and 406: “RRC configures the following parameters for the Random Access procedure: … rsrp-ThresholdSSB” (emphasis added). Information elements that configure rlmInSyncOutOfSyncThreshold and rsrp-ThresholdSSB of Da Silva, are substantively the same as configuration information of Claim 15. Da Silva teaches in Para. 214 and FIG. 15B: “The configured thresholds for BFD (mentioned above) are Qout,LR and Qin,LR. The former corresponds to the default value of rlmInSyncOutOfSyncThreshold as configured in the RRC IE SpCellConfig and described further in 3GPP TS 38.133. The latter corresponds to the value provided by fields rsrp-ThresholdSSB or rsrp-ThresholdBFR-r16.” (emphasis added). As a result, information elements of Da Silva providing rlmInSyncOutOfSyncThreshold and rsrp-ThresholdSSB that correspond to thresholds for BFD, are substantively the same as configuration information for the BFD of Claim 15. II. Arguments for the Claim Rejections under 35 USC § 112 Applicant’s arguments, see page 7, filed 5/22/2026, with respect to the Claim Rejections under 35 USC § 112 have been fully considered and are persuasive. The Claim Rejections under 35 USC § 112 have been withdrawn. III. Arguments for the Claim Rejections under 35 USC § 102 Applicant's arguments filed 5/22/2026 have been fully considered but they are not persuasive. Page 9 of the Remarks presents the argument that Paragraph [0298] of Da Silva discloses that "when the SCG is deactivated, the terminal discontinues BFD on the SCell but continues to perform BFD on the PSCell." This means that BFD on the PSCell in Da Silva is an operation that must be unconditionally performed in the deactivated state. In contrast, the present application defines "first information" separately from "configuration information for the BFD" for the purpose of detecting beam failure, and differs in that beam failure is detected not always on the PSCell, but based on the "first information." This argument is not persuasive. Claim 15 recites: “receiving, from a base station, a radio resource control (RRC) message including first information for performing a beam failure detection (BFD) on a primary secondary cell (PSCell) when a secondary cell group (SCG) is deactivated and configuration information for the BFD; based on the first information and the configuration information for the BFD, detecting a beam failure” (emphasis added). The limitations of Claim 15 do not positively recite features where beam failure is detected not always on the PSCell. Claim 15 clearly requires that the first information itself is for performing a beam failure detection (BFD) on a primary secondary cell (PSCell). In other words, Claim 15 does not positively recite features where detecting a beam failure based on the first information includes beam failure that is detected not always on the PSCell. Claim 15 clearly requires that performing a beam failure detection (BFD) on a primary secondary cell (PSCell) is an action that the first information itself is for. Da Silva teaches in Para. 213 and FIG. 15A: “FIG. 15A shows an ASN.1 data structure for an exemplary RRC RadioLinkMonitoringConfig IE, which can be used to configure resources for BFD” (emphasis added). An RRC Information Element (IE) used to configure resources for BFD of Da Silva, is substantively the same as a radio resource control (RRC) message including first information for performing a beam failure detection (BFD) of Claim 15. In addition, Claim 15 clearly requires performing a beam failure detection (BFD) on a primary secondary cell (PSCell) when a secondary cell group (SCG) is deactivated. A BFD operation on the PSCell of Da Silva performed with a deactivated SCG, is substantively the same as performing a beam failure detection (BFD) on a primary secondary cell (PSCell) when a secondary cell group (SCG) is deactivated of Claim 15. In addition, the claim language also does not clearly require that configuration information for the BFD is completely independent and completely unrelated to first information for performing a beam failure detection (BFD) on a primary secondary cell (PSCell) when a secondary cell group (SCG) is deactivated. Page 10 of the Remarks presents the argument that However, Applicant submits that a distinction exists in that Da Silva does not separately disclose "first information for performing a beam failure detection (BFD) on a primary secondary cell (PSCell) when a secondary cell group (SCG) is deactivated" and "configuration information for the BFD" as separate elements apart from"configuration information for the BFD." This argument is not persuasive. Da Silva teaches in Para. 214 and FIG. 15B: “FIG. 15B shows an ASN.1 data structure for an exemplary SpCellConfig IE, including rlmInSyncOutOfSyncThreshold” (emphasis added). Da Silva teaches in Para. 323, 326 and FIG. 16: “The following are some exemplary parameters that can be included in such an IE or field (see definitions in 3GPP TS 38.331 or 38.321): … rsrp-ThresholdSSB of RSRP-Range” (emphasis added). Da Silva teaches in Para. 404 and 406: “RRC configures the following parameters for the Random Access procedure: … rsrp-ThresholdSSB” (emphasis added). Information elements that configure rlmInSyncOutOfSyncThreshold and rsrp-ThresholdSSB of Da Silva, are substantively the same as configuration information of Claim 15. Da Silva teaches in Para. 214 and FIG. 15B: “The configured thresholds for BFD (mentioned above) are Qout,LR and Qin,LR. The former corresponds to the default value of rlmInSyncOutOfSyncThreshold as configured in the RRC IE SpCellConfig and described further in 3GPP TS 38.133. The latter corresponds to the value provided by fields rsrp-ThresholdSSB or rsrp-ThresholdBFR-r16.” (emphasis added). As a result, information elements of Da Silva providing rlmInSyncOutOfSyncThreshold and rsrp-ThresholdSSB that correspond to thresholds for BFD, are substantively the same as configuration information for the BFD of Claim 15. Claim 15 does not clearly require that configuration information for the BFD is completely independent and completely unrelated to first information for performing a beam failure detection (BFD) on a primary secondary cell (PSCell) when a secondary cell group (SCG) is deactivated. 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 JOSHUA Y SMITH whose telephone number is (571)270-1826. The examiner can normally be reached Monday-Friday, 10:30am-7pm ET. 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, CHIRAG G SHAH can be reached at (571)272-3144. 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. Joshua Smith /J.S./ 7-10-2026 /CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477
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Prosecution Timeline

Mar 12, 2024
Application Filed
Feb 26, 2026
Non-Final Rejection mailed — §102, §103, §112
May 22, 2026
Response Filed
Jul 16, 2026
Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
69%
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94%
With Interview (+25.5%)
4y 0m (~1y 7m remaining)
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