Prosecution Insights
Last updated: August 17, 2026
Application No. 18/726,249

FAST DIRECT SCELL ACTIVATION

Non-Final OA §102
Filed
Jul 02, 2024
Priority
Jan 06, 2022 — nonprovisional of PCTCN2022070560
Examiner
ELPENORD, CANDAL
Art Unit
Tech Center
Assignee
Apple Inc.
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
990 granted / 1103 resolved
+29.8% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
23 currently pending
Career history
1122
Total Applications
across all art units

Statute-Specific Performance

§101
6.5%
-33.5% vs TC avg
§103
53.4%
+13.4% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1103 resolved cases

Office Action

§102
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 § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-16, 8-13, 15-are rejected under 35 U.S.C. 102 (a2) as being anticipated by Takeda #2 et al (US 2023/0246755 A1, Provisional application No. 63/079630, filed on September 17, 2020). Regarding claim 1 (Currently Amended), Takeda et al (US 2023/0136589 A1, Provisional application No. 63/272,977, filed on October 28, 2021) discloses a method for direct secondary cell (SCell) activation (see, direct second cell activation using temporary reference signals/tracking reference signals, section 0176), the method (see, fast SCell activation at the UE where the UE used a reference signals to perform time and frequency tracking and/or AGC during activation of the SCell, section 0156, 0176, 0189-measurements and/or adjust time tacking and/or frequency tracking and AGC) comprising: receiving (see, the UE receives direct SCell activation using RRC signaling, section 00164, 0171) , by a user equipment (UE), radio resource control (RRC) command (see, RRC message which triggers the SCell activation, section 0151-0152) that causes the UE to be configured to detect a tracking reference signal (TRS) transmission (see, fast SCell activation at the UE where the UE used a reference signals to time and frequency tracking and/or AGC during activation of the SCell, section 0156, 0176) of a plurality of TRS transmission bursts (see, direct SCell activation using temporary reference signals/TRS, section 0147, 0151, noted: multiple reference signal burst in relation to SCell activation 0187-0189) broadcast by an access node (see, multiple tracking reference signals may be broadcast by SCell, section 0102, see, SCell activation using broadcasting signal, section 0130); disregarding, by the UE, one or more TRS transmission of the plurality of TRS transmission bursts that are received, by the UE, during processing of the received RRC command (noted: the UE does not use the reference signal,, then the UE may have to wait until the next SSB to perform the time/frequency tracking and ACG for the activation of SCell, section 0187); and after processing, by the UE, of the received RRC command (see, section 0054-the after the UE receives the activation of the SCell using temporary reference signals, transmits RRC complete message in relation to activation of Scell), decoding, by the UE, a TRS transmission of the plurality of TRS transmission bursts that was received subsequent to completion of processing of the received RRC command for automatic gain control (AGC) (see, the UE receives temporary reference signal from SCell that the UE uses to perform time and/or frequency tracking of the SCell, section 0054, 0093, 0188-0191-the UE uses the reference signal to perform time and frequency tacking and /or AGC for activation of the SCell). Regarding claim 2 (Original), Takeda ‘589 discloses the method of claim 1, wherein each TRS transmission burst includes a plurality of TRS transmissions (see, multiple tracking reference signals may be broadcast by SCell, section 0102, see, SCell activation using broadcasting signal, section 0130). Regarding claim 3 (Original) Takeda ‘589 discloses the method of claim 1, wherein decoding, by the UE, a TRS transmission of the plurality of TRS transmission bursts that is received subsequent to completion of processing of the received RRC command for AGC comprises: decoding, by the UE (see, the UE processes multiple pair of tracking reference signals, performs time and frequency tracking and/or ACG, section 0102-0103), a first TRS transmission of the plurality of TRS transmission bursts that is received subsequent to completion of processing of the received RRC command for AGC (see, the UE processes multiple pair of tracking reference signals, performs time and frequency tracking and/or ACG, section 0102-0103, noted: as mentioned above, the activation of SCell is received via MAC CE or RRC signaling). Regarding claim 4 (Currently Amended) Takeda ‘589 discloses the method of claim 1, the method further comprising: decoding another TRS transmission of the plurality of TRS transmission bursts that is received subsequent to completion of processing of the received RRC command and completion of AGC for time/frequency (T/F) tracking (s(see, the UE processes multiple pair of tracking reference signals, performs time and frequency tracking and/or ACG, section 0102-0103, noted: as mentioned above, the activation of SCell is received via MAC CE or RRC signaling). Regarding claim 5 (Original), Takeda ‘589 discloses the method of claim 1, wherein the received RRC command (noted: SCell activation using MAC CE or activation command, section 0127, see, RRC signaling identifying resources to be used, section 0123) further includes data corresponding to an offset value (see, DCI message indicating set of candidate reference signal/resources and timing offsets, section 0180), wherein the offset value is specified in units of slot relative to the slot in which the RRC command was received (see, time offsets in relation to resources to be used, the timing offsets defined a number of slots/TTIs, section 0180-0183). Regarding claim 6 (Currently Amended), Takeda ‘589 discloses the method of claim 1, wherein the received RRC command further includes data (see, the tracking reference signals/reference signal may be triggered by a DCI, MAC CE, section 0102-0103, noted: SCell activation using MAC CE or activation command, section 0127, see, RRC signaling identifying resources to be used, section 0123) that causes the UE to enable semi-persistent TRS (SP-TRS) activation (see, the tracking reference signal as an aperiodic reference signal for SCell activation, section 0102-0103). Regarding claim 8 (Currently Amended), Takeda ‘589 discloses a user equipment (UE) for direct SCell activation (see, fast SCell activation at the UE where the UE used a reference signals to time and frequency tracking and/or AGC during activation of the SCell, section 0156, 0176, fig. 10, device 1005 as UE 115 that supports direct SCell activation, section 0216-0221) comprising: one or more processors (fig. 10, processor 1040 coupled to memory 1030, section 0216-0221); and one or more memory devices (fig. 10, see, memory 1030 which stores computer-readable instructions executed by the processor, section 0216-0221) storing instructions that (fig. 10, see, memory 1030 which stores computer-readable instructions executed by the processor, section 0216-0221), when executed by the one or more processors (fig. 10, see, memory 1030 which stores computer-readable instructions executed by the processor, section 0216-0221), cause the UE to perform operations (see, the device/UE that supports direct SCell activation using TRS/temporary reference signals, section 0216-0221), the operations (see, the UE/device via RRC signaling performs SCell activation using temporary reference signals/tracking reference signals, section0176-0177, 0216-0223, noted: time and frequency tracking and/or automatic gain control (AGC) during the activation of the SCell, section 0150-0153) comprising: receiving (see, the UE receives direct SCell activation using RRC signaling, section 00164, 0171) , by a user equipment (UE), radio resource control (RRC) command (see, RRC message which triggers the SCell activation, section 0151-0152) that causes the UE to be configured to detect a tracking reference signal (TRS) transmission (see, fast SCell activation at the UE where the UE used a reference signals to time and frequency tracking and/or AGC during activation of the SCell, section 0156, 0176) of a plurality of TRS transmission bursts (see, direct SCell activation using temporary reference signals/TRS, section 0147, 0151, noted: multiple reference signal burst in relation to SCell activation 0187-0189) broadcast by an access node (see, multiple tracking reference signals may be broadcast by SCell, section 0102, see, SCell activation using broadcasting signal, section 0130); disregarding, by the UE, one or more TRS transmission of the plurality of TRS transmission bursts that are received, by the UE, during processing of the received RRC command (noted: the UE does not use the reference signal,, then the UE may have to wait until the next SSB to perform the time/frequency tracking and ACG for the activation of SCell, section 0187); and after processing, by the UE, of the received RRC command (see, section 0054-the after the UE receives the activation of the SCell using temporary reference signals, transmits RRC complete message in relation to activation of Scell), decoding, by the UE, a TRS transmission of the plurality of TRS transmission bursts that was received subsequent to completion of processing of the received RRC command for automatic gain control (AGC) (see, the UE receives temporary reference signal from SCell that the UE uses to perform time and/or frequency tracking of the SCell, section 0054, 0093, 0188-0191-the UE uses the reference signal to perform time and frequency tacking and /or AGC for activation of the SCell). Regarding claim 9 (Original), Takeda ‘579 discloses the UE of claim 8, wherein each TRS transmission burst includes a plurality of TRS transmissions (see, multiple tracking reference signals may be broadcast by SCell, section 0102, see, SCell activation using broadcasting signal, section 0130). Regarding claim 10 (Original) Takeda ‘589 discloses the UE of claim 8, wherein decoding, by the UE, a TRS transmission of the plurality of TRS transmission bursts that is received subsequent to completion of processing of the received RRC command for AGC comprises: decoding, by the UE (see, the UE processes multiple pair of tracking reference signals, performs time and frequency tracking and/or ACG, section 0102-0103, noted: as mentioned above, the activation of SCell is received via MAC CE or RRC signaling), a first TRS transmission of the plurality of TRS transmission bursts that is received subsequent to completion of processing of the received RRC command for AGC (see, the UE processes multiple pair of tracking reference signals, performs time and frequency tracking and/or ACG, section 0102-0103, noted: as mentioned above, the activation of SCell is received via MAC CE or RRC signaling). Regarding claim 11 (Currently Amended) Takeda ‘589 discloses the UE of claim 8, the operations further comprising: decoding, by the UE, another TRS transmission of the plurality of TRS transmission bursts that is received subsequent to completion of processing of the received RRC command and completion of AGC for time/frequency (T/F) tracking (see, the UE processes multiple pair of tracking reference signals, performs time and frequency tracking and/or ACG, section 0102-0103, noted: as mentioned above, the activation of SCell is received via MAC CE or RRC signaling). Regarding claim 12 (Original), Takeda ‘589 discloses UE of claim 8, wherein the received RRC command (noted: SCell activation using MAC CE or activation command, section 0127, see, RRC signaling identifying resources to be used, section 0123) further includes data corresponding to an offset value (see, DCI message indicating set of candidate reference signal/resources and timing offsets, section 0180), wherein the offset value is specified in units of slot relative to the slot in which the RRC command was received (see, time offsets in relation to resources to be used, the timing offsets defined a number of slots/TTIs, section 0180-0183). Regarding claim 13 (Currently Amended) The UE of claim 8, wherein the received RRC command further includes data (see, the tracking reference signals/reference signal may be triggered by a DCI, MAC CE, section 0102-0103, noted: SCell activation using MAC CE or activation command, section 0127, see, RRC signaling identifying resources to be used, section 0123) that causes the UE to enable semi-persistent TRS (SP-TRS) activation (see, the tracking reference signal as an aperiodic reference signal for SCell activation, section 0102-0103). Regarding claim 15 (Currently Amended), Takeda ‘589 discloses one or more processors (fig. 10, processor 1040 coupled to memory 1030, section 0216-0221) comprising circuitry to execute one or more instructions that (fig. 10, see, memory 1030 which stores computer-readable instructions executed by the processor, section 0216-0221), when executed (fig. 10, see, memory 1030 which stores computer-readable instructions executed by the processor, section 0216-0221), cause the one or more processors to perform operations (see, the device/UE that supports direct Scell activation using TRS/temporary reference signals, section 0216-0221), the operations (see, the device/UE that supports direct Scell activation using TRS/temporary reference signals, section 0216-0221) comprising: receiving (see, the UE receives direct SCell activation using RRC signaling, section 00164, 0171) , by a user equipment (UE), radio resource control (RRC) command (see, RRC message which triggers the SCell activation, section 0151-0152) that causes the UE to be configured to detect a tracking reference signal (TRS) transmission (see, fast SCell activation at the UE where the UE used a reference signals to time and frequency tracking and/or AGC during activation of the SCell, section 0156, 0176) of a plurality of TRS transmission bursts (see, direct SCell activation using temporary reference signals/TRS, section 0147, 0151, noted: multiple reference signal burst in relation to SCell activation 0187-0189) broadcast by an access node (see, multiple tracking reference signals may be broadcast by SCell, section 0102, see, SCell activation using broadcasting signal, section 0130); disregarding, by the UE, one or more TRS transmission of the plurality of TRS transmission bursts that are received, by the UE, during processing of the received RRC command (noted: the UE does not use the reference signal,, then the UE may have to wait until the next SSB to perform the time/frequency tracking and ACG for the activation of SCell, section 0187); and after processing, by the UE, of the received RRC command (see, section 0054-the after the UE receives the activation of the SCell using temporary reference signals, transmits RRC complete message in relation to activation of Scell), decoding, by the UE, a TRS transmission of the plurality of TRS transmission bursts that was received subsequent to completion of processing of the received RRC command for automatic gain control (AGC) (see, the UE receives temporary reference signal from SCell that the UE uses to perform time and/or frequency tracking of the SCell, section 0054, 0093, 0188-0191-the UE uses the reference signal to perform time and frequency tacking and /or AGC for activation of the SCell). Regarding claim 16 (Previously Presented), Takeda ‘589 discloses the one or more processors of claim 15, wherein each TRS transmission burst includes a plurality of TRS transmissions (see, multiple tracking reference signals may be broadcast by SCell, section 0102, see, SCell activation using broadcasting signal, section 0130). Regarding claim 17 (Previously Presented) Takeda ‘589 discloses the one or more processors of claim 15, wherein decoding a TRS transmission of the plurality of TRS transmission bursts that is received subsequent to completion of processing of the received RRC command for AGC comprises: decoding a first TRS transmission of the plurality of TRS transmission bursts that is received subsequent to completion of processing of the received RRC command for AGC (see, the UE processes multiple pair of tracking reference signals, performs time and frequency tracking and/or ACG, section 0102-0103, noted: as mentioned above, the activation of SCell is received via MAC CE or RRC signaling). Regarding claim 18 (Currently Amended) Takeda ‘589 discloses the one or more processors of claim 15, the operations further comprising: decoding another TRS transmission of the plurality of TRS transmission bursts that is received subsequent to completion of processing of the received RRC command and completion of AGC for time/frequency (T/F) tracking (see, the UE processes multiple pair of tracking reference signals, performs time and frequency tracking and/or ACG, section 0102-0103, noted: as mentioned above, the activation of SCell is received via MAC CE or RRC signaling). Regarding claim 19 (Previously Presented), Takeda ‘589 discloses the one or more processors of claim 15, wherein the received RRC command further includes data (see, the tracking reference signals/reference signal may be triggered by a DCI, MAC CE, section 0102-0103, noted: SCell activation using MAC CE or activation command, section 0127, see, RRC signaling identifying resources to be used, section 0123) corresponding to an offset value (see, DCI message indicating set of candidate reference signal/resources and timing offsets, section 0180), wherein the offset value is specified in units of slot relative to the slot in which the RRC command was received (see, time offsets in relation to resources to be used, the timing offsets defined a number of slots/TTIs, section 0180-0183). Regarding claim 20 (Currently Amended), Takeda ‘589 discloses the one or more processors of claim 15, wherein the received RRC command further includes data (see, the tracking reference signals/reference signal may be triggered by a DCI, MAC CE, section 0102-0103, noted: SCell activation using MAC CE or activation command, section 0127, see, RRC signaling identifying resources to be used, section 0123) that causes the UE to enable semi-persistent TRS (SP-TRS) activation (see, the tracking reference signal as an aperiodic reference signal for SCell activation, section 0102-0103). Allowable Subject Matter Claims 7, 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Babaei et al (US 2022/0330137 A1) discloses a wireless device that activates first secondary cell and the secondary cell based on activation command through MACE CE (section 0103-104, 0121, 0123, 0153-0160). Babaei further discloses the use of tracking reference signal for SCell activation including automatic gain control (AGC), time/frequency tracking during SCell activation (section 0145-0148, 0150-0152, 0167-0342) and deactivation of SCell based on the MACE CE command indicating deactivation. Babaei discloses ignoring of the MACE CE command during SCell activation (section 0194-0195, 0245, 0247, 0342). Babaei et a (US 2022/0225215 A1) discloses ignoring of the MAC CE command that triggers the activation of SCell (section 0193-0195, 0199-0202, 0222-0240, 0245-0256) and activation of SCell based on aperiodic tracking reference signal (TRS) (section 0276-0283) XU et al (US 2023/0043826 A1) discloses fast activation of SCell based on activation command using periodic TRSs/TRS occasions (section 0054-0120). Takeda et al (US 2022/0085930 A1) discloses activation/deactivation of secondary serving cell (SCell), adjustment of ACG., time tracking, frequency tracking based on reference signals received (section 0144-0148, 0155-0313). Any inquiry concerning this communication or earlier communications from the examiner should be directed to CANDAL ELPENORD whose telephone number is (571)270-3123. The examiner can normally be reached 9 am -6 pm M-F. 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, Kwang B Yao can be reached at 571 272-3182. 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. /CANDAL ELPENORD/Primary Examiner, Art Unit 2473
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Prosecution Timeline

Jul 02, 2024
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
99%
With Interview (+12.6%)
2y 6m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1103 resolved cases by this examiner. Grant probability derived from career allowance rate.

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