Prosecution Insights
Last updated: October 02, 2026
Application No. 18/719,748

METHOD AND APPARATUS FOR EXECUTING PREDETERMINED OPERATION, COMMUNICATION DEVICE, AND STORAGE MEDIUM

Final Rejection §103
Filed
Jun 13, 2024
Priority
Dec 14, 2021 — nonprovisional of PCTCN2021138007
Examiner
LY, ANH VU H
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Beijing Xiaomi Mobile Software Co., Ltd.
OA Round
2 (Final)
89%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
954 granted / 1069 resolved
+31.2% vs TC avg
Minimal -0% lift
Without
With
+-0.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
32 currently pending
Career history
1089
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
36.6%
-3.4% vs TC avg
§102
30.2%
-9.8% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1069 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 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. 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. Claims 1-5, 7, 9, 11, 13-14, and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Cozzo et al (US 2023/0147154 A1) in view of Hayashi (US 2025/0240616 A1). Regarding claim 1, Cozzo discloses a method for performing a predetermined operation based on a measurement result of a non-cell defining synchronization signal block (NCD-SSB), being performed by a terminal, the method comprising: adjusting, according to offset indication information, a predetermined parameter for performing the predetermined operation based on the measurement result (91st paragraph, UE can apply a scaling of RSRP measurement based on an information provided by the gNB for relative powers of CD-SSB and NCD-SSB), wherein the measurement result is obtained by performing a measurement operation based on the NCD-SSB (Fig. 6, block 620, RSRP measurements based on NCD-SSB receptions), wherein the offset indication information is indicative of a measurement offset between a measurement operation performed based on a cell-defining synchronization signal block (CD-SSB) and the measurement operation performed based on the NCD-SSB (91st paragraph, gNB can provide an offset relative to a power of a CD-SSB providing information for the NCD-SSB configuration), and wherein the offset indication information comprises information on a power offset between the measurement operation performed based on the CD-SSB and the measurement operation performed based on the NCD-SSB (91st paragraph, UE can apply a scaling of RSRP measurement based on an information provided by the gNB for relative powers of CD-SSB and NCD-SSB). Cozzo discloses applying a scaling of RSRP measurement based on powers of CD-SSB and NCD-SSB (91st paragraph). Cozzo does not disclose scaling of RSRQ or RSRQ offset and scaling of SINR or SINR offset. Hayashi discloses performing measurement on NCD-SSB and CD-SSB (207th paragraph). Hayashi discloses measurements can be RSRQ, RSRP, RSSI, or SINR (186th paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include scaling of RSRQ and SINR in Cozzo’s system, as suggested by Hayashi, to determine RSRQ and SINR based on different transmitted CD-SSB and NCD-SSB. Regarding claims 2 and 19, Cozzo discloses that wherein the predetermined parameter comprises at least one of following: a measurement result parameter of the measurement result (Fig. 6, block 620, RSRP measurement based on NCD-SSB receptions); a threshold parameter of an execution condition used for performing the predetermined operation (alternative); and a reference parameter of an execution condition used for performing the predetermined operation (alternative). Regarding claims 3 and 20, Cozzo discloses that wherein the offset indication information further comprises at least one of following: information on a reference signal received power (RSRP) offset between the measurement operation performed based on the CD-SSB and the measurement operation performed based on the NCD-SSB (91st paragraph, UE can apply a scaling of RSRP measurement based on an information provided by the gNB for relative powers of CD-SSB and NCD-SSB); information on a reference signal received quality (RSRQ) offset between the measurement operation performed based on the CD-SSB and the measurement operation performed based on the NCD-SSB (alternative); and information on a signal to interference plus noise ratio (SINR) offset between the measurement operation performed based on the CD-SSB and the measurement operation performed based on the NCD-SSB (alternative). Regarding claims 4 and 21, Cozzo discloses determining the information on the RSRP offset according to the information on the power offset (91st paragraph, UE can apply a scaling of RSRP measurement). Regarding claim 5, Cozzo discloses that wherein the terminal is in a radio resource control (RRC) non-connected state (82nd paragraph, for a UE in idle or inactive mode, the gNB can configure NCD-SSBs that the UE can use to perform measurements), and the predetermined operation is cell selection (31st paragraph, UE acquires and detects SSB during initial cell search). Regarding claim 7, Cozzo discloses that wherein the terminal is in a radio resource control (RRC) non-connected state (82nd paragraph, for a UE in idle or inactive mode, the gNB can configure NCD-SSBs that the UE can use to perform measurements), and the predetermined operation is cell reselection (110th paragraph, UE transmits a PRACH preamble determined from first and second CD-SSB configuration. First and second CD-SSBs are associated with different cells. This random access is performed when cell reselection or cell handover occurs). Regarding claim 9, Cozzo discloses that wherein the terminal is in a radio resource control (RRC) non-connected state (82nd paragraph, for a UE in idle or inactive mode, the gNB can configure NCD-SSBs that the UE can use to perform measurements), and the predetermined operation is cell ranking (Fig. 12, block 1230, largest RSRP measurements are determined from first and second CD-SSBs. First and second CD-SSBs are associated with different cells. This implies that largest RSRP measurements are ranked by cells). Regarding claim 11, Cozzo discloses that wherein the terminal is in a radio resource control (RRC) non-connected state (82nd paragraph, for a UE in idle or inactive mode, the gNB can configure NCD-SSBs that the UE can use to perform measurements), and the predetermined operation is a measurement relaxation operation (30th paragraph, in TCI states or for any other functionality other than RRM measurements). Regarding claim 13, Cozzo discloses that wherein the terminal is in an RRC connected state (30th paragraph, UE in connected state, gNB can configure measurements on NCD-SSB). Regarding claim 14, Cozzo discloses that wherein said adjusting, according to the offset indication information, the predetermined parameter for performing the predetermined operation based on the measurement result comprises at least one of following: adjusting, according to the offset indication information, RSRP, RSRQ and/or SINR used for radio resource management (RRM) measurement, wherein an adjusted RSRP is a sum of the RSRP before adjustment and an RSRP offset indicated by the offset indication information (91st paragraph, UE can apply a scaling of RSRP measurement), an adjusted RSRQ is a sum of the RSRQ before adjustment and an RSRQ offset indicated by the offset indication information (alternative), and an adjusted SINR is a sum of the SINR before adjustment and an SINR offset indicated by the offset indication information (alternative); adjusting, according to the offset indication information, SINR used for radio link monitoring (RLM) measurement, wherein an adjusted SINR is a sum of the SINR before adjustment and an SINR offset indicated by the offset indication information (alternative); adjusting, according to the offset indication information, SINR used for beam failure detection (BFD) measurement, wherein an adjusted SINR is a sum of the SINR before adjustment and an SINR offset indicated by the offset indication information (alternative); and adjusting, according to the offset indication information, RSRP used for L1-RSRP measurement, wherein an adjusted RSRP is a sum of the RSRP before adjustment and an RSRP offset indicated by the offset indication information (alternative). Regarding claim 17, Cozzo discloses a non-transitory computer storage medium, storing computer-executable instructions (Fig. 3, memory 360 storing applications), which, upon executed by a processor (Fig. 3, processor 340), execute a method for performing a predetermined operation based on a measurement result of a non-cell defining synchronization signal block (NCD-SSB), being performed by a terminal, wherein the method comprises: adjusting, according to offset indication information, a predetermined parameter for performing the predetermined operation based on the measurement result (91st paragraph, UE can apply a scaling of RSRP measurement based on an information provided by the gNB for relative powers of CD-SSB and NCD-SSB), wherein the measurement result is obtained by performing a measurement operation based on the NCD-SSB (Fig. 6, block 620, RSRP measurements based on NCD-SSB receptions), wherein the offset indication information is indicative of a measurement offset between a measurement operation performed based on a cell-defining synchronization signal block (CD-SSB) and the measurement operation performed based on the NCD-SSB (91st paragraph, gNB can provide an offset relative to a power of a CD-SSB providing information for the NCD-SSB configuration), and wherein the offset indication information comprises information on a power offset between the measurement operation performed based on the CD-SSB and the measurement operation performed based on the NCD-SSB (91st paragraph, UE can apply a scaling of RSRP measurement based on an information provided by the gNB for relative powers of CD-SSB and NCD-SSB). Cozzo discloses applying a scaling of RSRP measurement based on powers of CD-SSB and NCD-SSB (91st paragraph). Cozzo does not disclose scaling of RSRQ or RSRQ offset and scaling of SINR or SINR offset. Hayashi discloses performing measurement on NCD-SSB and CD-SSB (207th paragraph). Hayashi discloses measurements can be RSRQ, RSRP, RSSI, or SINR (186th paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include scaling of RSRQ and SINR in Cozzo’s system, as suggested by Hayashi, to determine RSRQ and SINR based on different transmitted CD-SSB and NCD-SSB. Regarding claim 18, Cozzo discloses a communication device (Fig. 3), comprising: a memory (Fig. 3, memory 360); and a processor connected to the memory (Fig. 3, processor 340) and configured to execute computer-executable instructions stored in the memory (Fig. 3), wherein the processor is configured to: adjust, according to offset indication information, a predetermined parameter for performing a predetermined operation based on the measurement result of a non-cell defining synchronization signal block (NCD-SSB) (91st paragraph, UE can apply a scaling of RSRP measurement based on an information provided by the gNB for relative powers of CD-SSB and NCD-SSB), wherein the measurement result is obtained by performing a measurement operation based on the NCD-SSB (Fig. 6, block 620, RSRP measurements based on NCD-SSB receptions), wherein the offset indication information is indicative of a measurement offset between a measurement operation performed based on a cell-defining synchronization signal block (CD-SSB) and the measurement operation performed based on the NCD-SSB (91st paragraph, gNB can provide an offset relative to a power of a CD-SSB providing information for the NCD-SSB configuration), and wherein the offset indication information comprises information on a power offset between the measurement operation performed based on the CD-SSB and the measurement operation performed based on the NCD-SSB (91st paragraph, UE can apply a scaling of RSRP measurement based on an information provided by the gNB for relative powers of CD-SSB and NCD-SSB). Cozzo discloses applying a scaling of RSRP measurement based on powers of CD-SSB and NCD-SSB (91st paragraph). Cozzo does not disclose scaling of RSRQ or RSRQ offset and scaling of SINR or SINR offset. Hayashi discloses performing measurement on NCD-SSB and CD-SSB (207th paragraph). Hayashi discloses measurements can be RSRQ, RSRP, RSSI, or SINR (186th paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include scaling of RSRQ and SINR in Cozzo’s system, as suggested by Hayashi, to determine RSRQ and SINR based on different transmitted CD-SSB and NCD-SSB. Allowable Subject Matter Claims 6, 8, 10, and 12 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. Response to Arguments Applicant’s arguments with respect to claims 1-14 and 17-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANH VU H LY whose telephone number is (571)272-3175. The examiner can normally be reached M-F 8am-5pm. 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, Nick Jensen can be reached at 571-270-5443. 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. ANH VU H. LY Primary Examiner Art Unit 2472 /ANH VU H LY/Primary Examiner, Art Unit 2472
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Prosecution Timeline

Jun 13, 2024
Application Filed
Apr 21, 2026
Non-Final Rejection mailed — §103
Jul 21, 2026
Response Filed
Aug 18, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
89%
Grant Probability
89%
With Interview (-0.1%)
2y 6m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1069 resolved cases by this examiner. Grant probability derived from career allowance rate.

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