Prosecution Insights
Last updated: July 17, 2026
Application No. 18/717,631

METHOD, APPARATUS AND COMPUTER PROGRAM

Non-Final OA §103
Filed
Jun 07, 2024
Priority
Jan 12, 2022 — nonprovisional of PCTEP2022050506
Examiner
GIDADO, RASHEED
Art Unit
2464
Tech Center
2400 — Computer Networks
Assignee
Nokia Corporation
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
892 granted / 1034 resolved
+28.3% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
24 currently pending
Career history
1059
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
74.5%
+34.5% vs TC avg
§102
5.1%
-34.9% vs TC avg
§112
7.8%
-32.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1034 resolved cases

Office Action

§103
DETAILED ACTION This communication is response to the application filed 06/07/2024. Claims 1-19 and 29 are pending and presented for examination. The preliminary amendment filed on 06/07/2024 is acknowledged and entered. 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 on 07/17/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1, 3, 6-9, 12-15, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/191498 A1 to Caporal Del Barrio et al. (hereafter Barrio), see IDS dated 07/17/2024, in view of US 2019/0320337 to Siomina et al. (hereafter Siomina). Regarding claim 1, Barrio discloses an apparatus comprising: at least one processor; and at least one memory including a computer program code, the at least one memory and computer program code configured to, with the at least one processor (see Barrio, page 2, lines 34-36: the means comprises at least one processor and at least one memory including computer program code, the at least one memory and computer program code configured to, with the at least one processor, cause the performance of the apparatus), cause the apparatus at least perform the following: receiving, at a user equipment from a source cell, configuration information for reporting information associated with measurement sampling rates per antenna panel of the user equipment and per cell of a network, wherein the network comprises the source cell and one or more target cells (see Barrio, page 10 lines 7-8: discloses that UE is configured by the serving cell i.e., source cell; the device in Barrio measures multiple antenna panels to multiple cells; see Fig 3, step 302 and related parts of description); and sending, to a first cell of the network and based on the configuration information, a message comprising information associated with the sampling rates per antenna panel of the user equipment and per cell of the network (see Barrio, page 10, lines 7-8; Fig 3, step 304 and related parts of description). Barrio does not explicitly disclose the information is associated with measurement sampling rates. However, Siomina discloses reporting information associated with measurement sampling rates (see Siomina, ¶ 0204: Adapting measurement configuration for the first radio node, based on its capability (e.g., the amount of measurements, measurement reporting configuration, measurement sampling rate, measurement period, measurement bandwidth e.g. a larger BW may be needed for a larger carrier spacing, etc.); ¶ 0209: Adapting antenna configuration (e.g., beam configuration, power, etc.), based on the capability of one or more first radio nodes). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the above teaching as taught by Siomina and incorporate it into the system of Barrio to achieve improved measurement in the communication system (see Siomina, ¶ 0021). Regarding claim 3, Barrio in view of Siomina discloses the apparatus of claim 1, wherein the at least one memory and computer program code are configured to, with the at least one processor, cause the apparatus to record the reported information prior to the reporting (see Barrio, page 17, lines 27-34). Also, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to record the reported information prior to the reporting since it is well-known in the art to perform this teaching based on user design preference for efficient channel state information reporting as evidenced by US 2012/0195213 (see ¶ 0038: the channel state information collecting unit is configured to receive the configured type and length information of the receiving window required by the UE from the main control unit, store the channel state information reported in the receiving window for channel state information, and transmit the channel state information to the channel state speed determination unit). Regarding claim 6, Barrio in view of Siomina discloses the apparatus of claim 1,wherein the at least one memory and computer program code are configured to, with the at least one processor, cause the apparatus to perform the following: determining radio link failure at the user equipment (see Barrio, page 10 lines 23-25: discloses radio link failure); and re-establishing a connection with a first target cell of the one or more target cells, wherein the first cell is the first target cell (see Barrio, page 12, lines 21-27). Regarding claim 7, Barrio in view of Siomina discloses the apparatus of claim 6, wherein the message further comprises an indication of the radio link failure (see Barrio, page 10 lines 23-25: discloses radio link failure). Regarding claim 8, Barrio in view of Siomina discloses the apparatus of claim 1, wherein the at least one memory and computer program code are configured to, with the at least one processor, cause the apparatus to: perform a handover operation from the source cell to a first target cell of the one or more target cells, and wherein the sending is performed responsive to performing the handover (see page 3, lines 26-32: receiving, from a terminal device connected to the access node, a measurement report comprising measurement data related to at least one non-serving cell of the terminal device and/or to at least one non-serving antenna panel of the terminal device, the measurement report further comprising an indication to a need for uplink transmit power reduction in the terminal device; and performing, on the basis of the measurement data and the indication, a handover decision for the terminal device; page 13, line 28 - page 14 line 4). Regarding claim 9, it is rejected for the same reasons as set forth in claim 1. Regarding claim 12, it is rejected for the same reasons as set forth in claim 7. Regarding claim 13, Barrio in view of Siomina discloses the apparatus of claim 9, wherein the message is received from a target cell (see Barrio, page 10, lines 6-16: reporting signal strength measurements of the neighbor cells). Regarding claim 14, Barrio in view of Siomina discloses the apparatus of claim 9, wherein the message is received from the user equipment (see Barrio, page 10, lines 6-16: the terminal device connected to a serving cell or serving access node, e.g. the access node 104, may be configured by the serving cell to report signal strength measurements of the neighbor cells). Regarding claim 15, Barrio in view of Siomina discloses the apparatus of claim 9, wherein the at least one memory and computer program code are configured to, with the at least one processor, cause the apparatus to analyze, based on the received information associated with the sampling rates, one or more mobility events associated with the user equipment (see Barrio, page 15, lines 18-21: The periodicity and parameters included in the measurement reports during the warning region may be configured by the serving access node. The warning region may have a length or duration that is dependent on various characteristics such as mobility of the terminal device, state of the radio channel, etc.). Regarding claim 29, it is rejected for the same reasons as set forth in claim 1. Although phrased as a method claim, the claim is nevertheless simple repetitions of subject matter of claim 1. Claim(s) 2, 4, 5, 10, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barrio in view of Siomina and further in view of US 2012/0195213 to Tan et al. (hereafter Tan). Regarding claim 2, Barrio in view of Siomina discloses the apparatus of claim 1, but does not explicitly disclose wherein the information associated with the sampling rates comprises one or more of: a most recent sampling rate on an antenna panel that is used for mobility measurements of the source cell; a most recent sampling rate on an antenna panel that is used for mobility measurements of the one or more target cells; a most recent synchronization signal block periodicity of the source cell; a most recent synchronization signal block periodicity of the one or more target cells; a most recent channel state information reference signal periodicity of the source cell; and a most recent channel state information reference signal periodicity of the one or more target cells. However, Tan discloses wherein the information associated with the sampling rates comprises one or more of: a most recent sampling rate on an antenna panel that is used for mobility measurements of the source cell; a most recent sampling rate on an antenna panel that is used for mobility measurements of the one or more target cells; a most recent synchronization signal block periodicity of the source cell; a most recent synchronization signal block periodicity of the one or more target cells; a most recent channel state information reference signal periodicity of the source cell; and a most recent channel state information reference signal periodicity of the one or more target cells (see Tan, ¶ 0077: During configuration, the maximal sampling frequency Fmax (namely, the minimal reporting period Tmin) of the channel state information in the receiving window for channel state information should be set. Different types of the channel state information have different minimal reporting periods Tmin, for example). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the above teaching as taught by Tan and incorporate it into the system of Barrio to achieve efficient channel state information reporting in the communication system (see Siomina, ¶ 0006). Regarding claim 4, Barrio in view of Siomina discloses the apparatus of claim 1, Barrio does not explicitly disclose wherein the configuration information comprises a periodicity of the reporting, and wherein the sending is performed based on the periodicity. However, Tan discloses wherein the configuration information comprises a periodicity of the reporting, and wherein the sending is performed based on the periodicity (see Tan, ¶ 0077: During configuration, the maximal sampling frequency Fmax (namely, the minimal reporting period Tmin) of the channel state information in the receiving window for channel state information should be set. Different types of the channel state information have different minimal reporting periods Tmin, for example). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the above teaching as taught by Tan and incorporate it into the system of Barrio to achieve efficient channel state information reporting in the communication system (see Siomina, ¶ 0006). Regarding claim 5, Barrio in view of Siomina and Tan discloses the apparatus of claim 4, wherein the first cell is the source cell (see Barrio, Abstract: in the terminal device, a need for uplink transmit power reduction in an antenna panel of a terminal device (504); in response to said detecting, performing at least one measurement (510) associated with: at least one non-serving cell of the terminal device and / or at least one non-serving antenna panel of the terminal device; and reporting (512), to an access node (104) of a serving cell, the at least measurement and/or the need for uplink transmit power reduction). Regarding claim 10, it is rejected for the same reasons as set forth in claim 2. Regarding claim 11, it is rejected for the same reasons as set forth in claim 4. Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barrio in view of Siomina and further in view of US 2020/0322817 to Chou et al. (hereafter Chou). Regarding claim 16, Barrio in view of Siomina discloses the apparatus of claim 15, Barrio does not explicitly disclose wherein the analyzing comprises determining at least one of: that the sampling rates per antenna panel of the user equipment and per cell of the network caused the one or more mobility events to occur; and the mobility event was performed too late or too early. However, Chou discloses wherein the analyzing comprises determining at least one of: that the sampling rates per antenna panel of the user equipment and per cell of the network caused the one or more mobility events to occur; and the mobility event was performed too late or too early (see Chou, ¶ 0045: The D-MRO function detects the handover issues (e.g. too late HO, too early HO and HO to a wrong cell) in intra-RAT or inter-RAT mobility by analyzing the reports from UE and network side information, and then determine the actions to mitigate the HO issues by adjusting HO related parameters). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the above teaching as taught Chou and incorporate it into the system of Barrio to dynamically improve handover performance in order to improve the end-user experience as well as to increase network capacity (see Chou, ¶ 0022). Regarding claim 17, Barrio in view of Siomina discloses the apparatus of claim 9, Barrio does not explicitly disclose wherein the at least one memory and computer program code are configured to, with the at least one processor, cause the apparatus to perform the following: sending, to a centralized network entity, at least one of: the information associated with the sampling rates per antenna panel of the user equipment and per cell of the network; information indicating that that the sampling rates per antenna panel of the user equipment and per cell of the network caused one or more mobility events to occur; and information indicating that the mobility event was performed too late or too early. However, Chou discloses wherein the at least one memory and computer program code are configured to, with the at least one processor, cause the apparatus to perform the following: sending, to a centralized network entity, at least one of: the information associated with the sampling rates per antenna panel of the user equipment and per cell of the network; information indicating that that the sampling rates per antenna panel of the user equipment and per cell of the network caused one or more mobility events to occur; and information indicating that the mobility event was performed too late or too early (see Chou, ¶ 0045: The D-MRO function detects the handover issues (e.g. too late HO, too early HO and HO to a wrong cell) in intra-RAT or inter-RAT mobility by analyzing the reports from UE and network side information, and then determine the actions to mitigate the HO issues by adjusting HO related parameters). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the above teaching as taught Chou and incorporate it into the system of Barrio to dynamically improve handover performance in order to improve the end-user experience as well as to increase network capacity (see Chou, ¶ 0022). Regarding claim 18, Barrio in view of Siomina and Chou discloses the apparatus of claim 17, wherein he at least one memory and computer program code are configured to, with the at least one processor, cause the apparatus to perform the following: receiving, from the centralized network entity, one or more adjusted mobility parameters for the user equipment. However, Chou discloses wherein he at least one memory and computer program code are configured to, with the at least one processor, cause the apparatus to perform the following: receiving, from the centralized network entity, one or more adjusted mobility parameters for the user equipment (see Chou, ¶ 0045: The D-MRO function detects the handover issues (e.g. too late HO, too early HO and HO to a wrong cell) in intra-RAT or inter-RAT mobility by analyzing the reports from UE and network side information, and then determine the actions to mitigate the HO issues by adjusting HO related parameters; ¶ 0046: The D-MRO function indicates the changes of HO related parameters to the management service producer for NF provisioning that will send a notification notifyMOIAttributeValueChange to the MRO management function (see clause 5.1.9 in TS 28.532 [x]), indicating the HO related parameters have been changed). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the above teaching as taught Chou and incorporate it into the system of Barrio to dynamically improve handover performance in order to improve the end-user experience as well as to increase network capacity (see Chou, ¶ 0022). Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barrio in view of Siomina and Chou and further in view of US 2016/0285679 to Dudda et al. (hereafter Dudda). Regarding claim 19, Barrio in view of Siomina and Chou discloses the apparatus of claim 18, Barrio fails to explicitly disclose wherein the one or more adjusted mobility parameters comprise one or more cell individual offsets and/or one or more times to trigger. However, Dudda discloses wherein the one or more adjusted mobility parameters comprise one or more cell individual offsets and/or one or more times to trigger (see Dudda, ¶ 0152: the at least one adjusted mobility parameter is at least one of: a cell individual offset, CIO; a handover threshold; a parameter indicative of a threshold signal strength of a target cell required for triggering a mobility event (such as reporting of power measurements to trigger a handover); a parameter indicative of a threshold signal strength of a serving cell required for triggering a mobility event (such as a handover command)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the above teaching as taught Dudda and incorporate it into the system of Barrio to improve robustness of mobility functions in a cellular network, in particular robustness of handovers (see Dudda, ¶ 0016). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2023/0108805 to CHEN et al. discloses techniques for directional signal strength indication and beam-specific measurement threshold. An antenna panel, an antenna group, a set of antenna elements, and/or an antenna array may include a set of coplanar antenna elements and/or a set of non-coplanar antenna elements. An antenna panel, an antenna group, a set of antenna elements, and/or an antenna array may include antenna elements within a single housing and/or antenna elements within multiple housings. US 2017/0273022 to Kazmi et al. discloses the configuration of the first level of the multi-level discontinuous activity comprises a first cycle length for the first level of the multi-level discontinuous activity, the one or more operations comprise a measurement, and adapting the at least one procedure related to the configuration of the first level of the multi-level discontinuous activity and/or the at least one parameter in the configuration of the first level of the multi-level discontinuous activity comprises adapting a length of a measurement sample for the measurement and/or a measurement sampling rate for the measurement as a function of the first cycle length for the first level of the multi-level discontinuous activity. US 2023/0009770 to LI discloses a terminal obtains beam measurement result reporting configuration of a neighbor cell, and determines a reference signal configuration of beam measurement of the neighbor cell. The terminal performs the beam measurement on the reference signal of the neighbor cell based on the reference signal configuration of the beam measurement. The terminal reports a beam measurement result of the neighbor cell. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RASHEED GIDADO whose telephone number is (571)270-7645. The examiner can normally be reached Monday - Friday 8AM-5PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Ngo can be reached at 571-272-3139. 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. /RASHEED GIDADO/ Primary Examiner, Art Unit 2464
Read full office action

Prosecution Timeline

Jun 07, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
95%
With Interview (+8.6%)
2y 6m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1034 resolved cases by this examiner. Grant probability derived from career allowance rate.

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