Prosecution Insights
Last updated: August 17, 2026
Application No. 18/755,847

RADIO ACCESS NETWORK NODE, RADIO TERMINAL, AND METHOD THEREFOR

Non-Final OA §102§103§DP
Filed
Jun 27, 2024
Priority
Jan 11, 2019 — JP 2019-003561 +2 more
Examiner
SEN, ANINDITA
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
67 granted / 81 resolved
+22.7% vs TC avg
Minimal +1% lift
Without
With
+1.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
22 currently pending
Career history
137
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
78.7%
+38.7% vs TC avg
§102
14.4%
-25.6% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 81 resolved cases

Office Action

§102 §103 §DP
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 . Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-2 of U.S. Patent No. US 12,069,521 in view of Wu US 2020/0396661 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1-6 of the present application are obvious based on Claims 1-2 of U.S. Patent No. 12,069,521 in view of Wu (US 2020/0396661 A1) 18/755,847 US12069521B2 Claim 3 A method performed by a user equipment (UE), the method comprising receiving, from a source radio access network (RAN) node, a second Radio Resource Control (RRC) message including both of conditional mobility reconfiguration information and an execution condition that configures a and after receiving the first message, wherein the conditional mobility reconfiguration information is included in a first message first RRC message transmitted to the second source RAN node from a target RAN node, and wherein the execution condition of the conditional mobility is generated by the source RAN node. Claim 1 A method performed by a user equipment (UE), the method comprising: receiving from a source radio access network (RAN) node a first message including a plurality of radio resource configurations, and after completion of a conditional handover from the source RAN node to a target RAN node controlling a target cell, which is one of the plurality of conditional handover candidate cells, Claim 1 A method for a source radio access network receiving, from a target RAN node, a first Radio Resource Control (RRC) message including conditional mobility reconfiguration information for a conditional mobility; generating an execution condition that configures a triqqering event of a conditional mobility; after receiving the first message, generating a second message that includes the conditional mobility reconfiguration information and the execution condition; and sending the second message to a user equipment (UE). Claim 1 A method performed by a user equipment (UE), the method comprising: receiving from a source radio access network (RAN) node a first message including a plurality of radio resource configurations, and after completion of a conditional handover from the source RAN node to a target RAN node controlling a target cell, which is one of the plurality of conditional handover candidate cells, Claim 2 A source radio access network receive, from a target RAN node, a first Radio Resource Control (RRC) message including conditional mobility reconfiguration information; configure generate an execution condition that configures a triggering event of a conditional mobility; after receiving the first message, generate a second message that includes the conditional mobility reconfiguration information and the execution condition; and send the second message to a user equipment (UE). Claim 1 A method performed by a user equipment (UE), the method comprising: receiving from a source radio access network (RAN) node a first message including a plurality of radio resource configurations, and after completion of a conditional handover from the source RAN node to a target RAN node controlling a target cell, which is one of the plurality of conditional handover candidate cells, Claims 4,6 Claim 2 Patent No. US12069521B2 does not explicitly disclose receive, configure generate an execution condition that configures a triggering event of a conditional mobility; Wu US 2020/0396661 A1 teaches in, Fig 3 [187]- Step 301: the MN(=target node) transmits conditional SCG addition request information to a target SN; where content included in this conditional SCG addition request information may refer to the content included in the above conditional SCG addition request information It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Patent No. US12069521B2 to add execution condition that configures a triggering event to Patent No. US11729582B2 in view of Wu et al. (US 2020/0396661 A1) to add flexibility to attach multiple nodes. 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) 1,2,3,5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wu (US 2020/0396661 A1). Regarding Claim 1, Wu teaches, A method for a source radio access network (RAN) node, the method comprising: receiving, from a target RAN node, a first Radio Resource Control (RRC) message including conditional mobility reconfiguration information for a conditional mobility; configuring generating an execution condition that configures a triggering event of a conditional mobility;Fig 3 [187]- Step 301: the MN(=target node) transmits conditional SCG addition request information to a target SN; where content included in this conditional SCG addition request information may refer to the content included in the above conditional SCG addition request information; the number of the target SN may be one or more. Target SN in Fig 3 is RAN node of Claim 1. [186]- In the first example, the condition-based SCG maintenance process is triggered by MN, and radio interface configuration information is transmitted to UE through MN (MCG)(= configures a triqqering event of a conditional mobility) and after receiving the first message, generating a second message that includes the conditional mobility reconfiguration information and the execution condition; and [202]- Fig 3 Step 311: after the target SN detects that the UE accesses the target cell, the target SN transmits conditional SCG change indication information to the MN; where content included in the conditional SCG change indication information may refer to the content included in the above conditional SCG change indication information. sending the second message to a user equipment (UE) [207]- The step 314 and the step 315 may be initiated at any time after the step 302. Regarding Claim 2, Wu teaches,A source radio access network (RAN) node comprising: at least one memory; and at least one processor coupled to the at least one memory and configured to: receive, from a target RAN node, a first Radio Resource Control (RRC) message including conditional mobility reconfiguration information; generate an execution condition that configures a triggering event of a conditional mobility; and Fig 3 [187]- Step 301: the MN(=target node) transmits conditional SCG addition request information to a target SN; where content included in this conditional SCG addition request information may refer to the content included in the above conditional SCG addition request information; the number of the target SN may be one or more. Target SN in Fig 3 is RAN node of Claim 1. [186]- In the first example, the condition-based SCG maintenance process is triggered by MN, and radio interface configuration information is transmitted to UE through MN (MCG)(= configures a triqqering event of a conditional mobility) after receiving the first message, generate a second message that includes the conditional mobility reconfiguration information and the execution condition; and [202]- Fig 3 Step 311: after the target SN detects that the UE accesses the target cell, the target SN transmits conditional SCG change indication information to the MN; where content included in the conditional SCG change indication information may refer to the content included in the above conditional SCG change indication information. send the second message to a user equipment (UE). [207]- The step 314 and the step 315 may be initiated at any time after the step 302. Regarding Claim 3, Wu teaches, A method performed by a user equipment (UE), the method comprising: receiving, form receiving, from a source radio access network (RAN) node, a second Radio Resource Control (RRC) message including both of conditional mobility reconfiguration information and an execution condition that configures a triggering event of a conditional mobility; [202]- Fig 3 Step 311: after the target SN detects that the UE accesses the target cell, the target SN transmits conditional SCG change indication information to the MN; where content included in the conditional SCG change indication information may refer to the content included in the above conditional SCG change indication information. wherein the conditional mobility reconfiguration information is included in a first message first RRC message transmitted to the second source RAN node from a target RAN node, and Fig 3 [187]- Step 301: the MN(=target node) transmits conditional SCG addition request information to a target SN; where content included in this conditional SCG addition request information may refer to the content included in the above conditional SCG addition request information; the number of the target SN may be one or more.target SN in Fig 3 is RAN node of Claim 1. [186]- In the first example, the condition-based SCG maintenance process is triggered by MN, and radio interface configuration information is transmitted to UE through MN (MCG)(= configures a triqqering event of a conditional mobility wherein the execution condition of the conditional mobility is generated by the source RAN node. [207]- The step 314 and the step 315 may be initiated at any time after the step 302. Regarding Claim 5, Wu teaches, A user equipment (UE) comprising: at least one memory; and at least one processor coupled to the at least one memory and configured to receive, from a source radio access network (RAN) node, a second Radio Resource Control (RRC) message including both of conditional mobility reconfiguration information and an execution condition that configures a triggering event of a conditional mobility [202]- Fig 3 Step 311: after the target SN detects that the UE accesses the target cell, the target SN transmits conditional SCG change indication information to the MN; where content included in the conditional SCG change indication information may refer to the content included in the above conditional SCG change indication information. wherein the conditional mobility reconfiguration information is included in a first message first RRC message transmitted to the second source RAN node from a target RAN node; and Fig 3 [187]- Step 301: the MN(=target node) transmits conditional SCG addition request information to a target SN; where content included in this conditional SCG addition request information may refer to the content included in the above conditional SCG addition request information; the number of the target SN may be one or more. Target SN in Fig 3 is RAN node of Claim 1. [186]- In the first example, the condition-based SCG maintenance process is triggered by MN, and radio interface configuration information is transmitted to UE through MN (MCG)(= configures a triggering event of a conditional mobility) and wherein the execution condition of the conditional mobility is generated by the source RAN node. [207]- The step 314 and the step 315 may be initiated at any time after the step 302. 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. Claim(s) 4,6 are rejected under 35 U.S.C. 103 as being unpatentable over by Wu (US 2020/0396661 A1) in view of Wu et al. (US 2020/0396660 A1)(hereinafter “Wu2”) Regarding Claim 4,Wu does not teach, The method according to claim 3, further comprising: performing a normal mobility according to a normal mobility command without the execution condition, if the UE receives the normal mobility command before a target cell meets the execution condition. Wu2 teaches, The method according to claim 3, further comprising: performing a normal mobility according to a normal mobility command without the execution condition, if the UE receives the normal mobility command before a target cell meets the execution condition. Fig 7 [84] In step 704, the UE monitors whether the handover command without handover condition is received during the procedure of the conditional handover, e.g. over a new RRCConnectionReconfiguration message. It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Wu, The method according to claim 3, further comprising: performing a normal mobility according to a normal mobility command without the execution condition, if the UE receives the normal mobility command before a target cell meets the execution condition as taught by Wu2 to add data symbols as output of second sequence which could be error correction to rectify original sequence. Regarding Claim 6, ,Wu does not teach, The UE according to claim 5, wherein the at least one processor is further configured to: perform a normal mobility according to a normal mobility command without the execution condition, if the UE receives the normal mobility command before a target cell meets the execution condition. Wu2 teaches, The UE according to claim 5, wherein the at least one processor is further configured to: perform a normal mobility according to a normal mobility command without the execution condition, if the UE receives the normal mobility command before a target cell meets the execution condition. Fig 7 [84] In step 704, the UE monitors whether the handover command without handover condition is received during the procedure of the conditional handover, e.g. over a new RRCConnectionReconfiguration message. It would have been obvious to a person having an ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Wu, The UE according to claim 5, wherein the at least one processor is further configured to: perform a normal mobility according to a normal mobility command without the execution condition, if the UE receives the normal mobility command before a target cell meets the execution condition as taught by Wu2 to add data symbols as output of second sequence which could be error correction to rectify original sequence. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anindita Sen whose telephone number is (571)-272-2390. The examiner can normally be reached 7:30am-5:30pm. 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, Joseph Avellino can be reached on (571)-272-3905. 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. /ANINDITA SEN/Examiner, Art Unit 2478 /JOSEPH E AVELLINO/Supervisory Patent Examiner, Art Unit 2478
Read full office action

Prosecution Timeline

Jun 27, 2024
Application Filed
Aug 09, 2024
Response after Non-Final Action
Jan 28, 2025
Response after Non-Final Action
Jul 14, 2026
Non-Final Rejection mailed — §102, §103, §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
84%
With Interview (+1.1%)
2y 12m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 81 resolved cases by this examiner. Grant probability derived from career allowance rate.

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