Prosecution Insights
Last updated: October 01, 2026
Application No. 18/761,340

COMMUNICATION APPARATUS AND METHOD FOR HANDLING CAPABILITY OF COMMUNICATION APPARATUS

Non-Final OA §102§103§112
Filed
Jul 02, 2024
Priority
Jul 26, 2023 — provisional 63/515,609
Examiner
RICHMOND, GARTH DANIEL
Art Unit
Tech Center
Assignee
MediaTek Inc.
OA Round
2 (Non-Final)
75%
Grant Probability
Favorable
2-3
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
21 granted / 28 resolved
+15.0% vs TC avg
Strong +25% interview lift
Without
With
+24.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
25 currently pending
Career history
63
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
67.0%
+27.0% vs TC avg
§102
16.2%
-23.8% vs TC avg
§112
12.6%
-27.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 28 resolved cases

Office Action

§102 §103 §112
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 . Designations of the Particular Relevance of the Art The Examiner has pointed out particular references contained in the prior art of record within the body of the Action for Applicant’s convenience. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages, paragraph and figures may apply. Applicant, in preparing the response, should consider fully the reference in totality as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or explained by the Examiner. MPEP § 707.05. Manner of Making Amendments under 37 C.F.R. § 1.121 Any subsequent submission by Applicant's amending the claims must comply with the requirements of 37 C.F.R. § 1.121(c) and MPEP § 714(II)(C) regarding the manner of presenting amended claims. That is, amended text must be properly indicated. Failure to provide a compliant amendment may result in the amendment being treated as non-compliant and not entered. Pursuant to MPEP § 714(II)(C), all changes to currently amended claims must be shown relative to the immediate prior version of the claims. Deleted matter ordinarily must be shown by strike-through; however, when deleting five (5) or fewer consecutive characters, deletion by double brackets may be used and, in certain circumstances, is required. In particular, where strike-through cannot be readily perceived—such as when deleting a single numeral, punctuation mark, or other short character string—double brackets must be used to clearly identify the deleted matter. For example, deletion of punctuation marks standing alone (e.g., commas, periods, semicolons, parentheses, or quotation marks) should be indicated by double brackets rather than strike-through. Similarly, the text of any added subject matter must be presented in a manner such that the underlining is readily perceptible. Where underlining of added matter cannot be easily perceived, including, for example, the addition, deletion, or substitution of one or more characters, punctuation marks, numerals, or word fragments, the amendment shall instead be presented by deleting the entire affected text and adding the complete replacement text with underlining. Examples include, without limitation, amendments correcting misspellings, changing a singular term to a plural term or vice versa, adding or deleting prefixes or suffixes, or modifying punctuation or numerals. Claim Objections Claim 19 is objected to because of the following informalities: The limitation “in response of the at least one first event” should read “in response to the at least one first event.” Accordingly, appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. § 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 6 and 9 are rejected under 35 USC § 112(b). Regarding claims 6 and 9, the limitations "the first serving cell to the second serving cell” have insufficient antecedent bases in the claims. Accordingly, appropriate correction is required. Claim Rejections - 35 USC § 102 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-7, 12-16, 19, and 20 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by US 2022/0360975 (hereinafter, “OH”). Regarding claim 1, OH discloses: A communication apparatus (electronic device 101, 102, 104), comprising: a radio transceiver (communication module 190), configured to transmit or receive wireless signals with a network device (network 300); and a processing circuit (processor 120), coupled to the radio transceiver and configured to perform operations comprising: reporting a first capability of the communication apparatus to the network device; (¶ 0088: In operation 405, the electronic device 101 may transmit a UE capability information message including first information to the network 300. The first information may be, for example, at least one information element. In operation 407, the network 300 may store the first information included in the UE capability information message as the UE capability for the electronic device 101; ¶ 0126: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may, in operation 721, report the UE capability including the first information to the network 300) determining whether at least one first event occurs, after reporting the first capability; (¶ 0092: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may identify at least one event for which a change in UE capability is required, in operation 501) releasing a connection between the communication apparatus and the network device, in response to the at least one first event occurring; (¶ 0092: [E]lectronic device 101 . . . may identify at least one event for which a change in UE capability is required, in operation 501; ¶ 0093: [I]n operation 503, the electronic device 101 may change the UE capability based on at least one event; ¶ 0095: [E]lectronic device 101 may enter an idle state in operation 509 . . . . Entering the idle state by the electronic device 101 may be expressed as, for example, performing a local release of an RRC connection) establishing the connection to indicate a capability update; (¶ 0095: [E]lectronic device 101 may establish a new RRC connection with the network 300 in operation 511; ¶ 0102: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may establish a new RRC connection in operation 551; ¶ 0117: [E]lectronic device 101 may establish a new RRC connection in operation 611; ¶ 0154: [E]lectronic device 101 may receive an RRC connection release message from the network 300 after transmitting the TAU request message, and may establish a new RRC connection) updating the first capability to generate a second capability of the communication apparatus; and (¶ 0089: [E]lectronic device 101 may change the UE capability from the first information to the second information in operation 409; ¶ 0093: [I]n operation 503, the electronic device 101 may change the UE capability based on at least one event; ¶ 0083: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may change UE capability in operation 301 . . . [C]hange of the UE capability may refer to a change of at least some of a plurality of information elements included in the UE capability. The electronic device 101 may change UE capability based on detection of an event; ¶ 0098: [E]lectronic device 101 may change UE capability and transmit a TAU request message indicating that UE capability information update is requested) reporting the second capability to the network device. (¶ 0100: In operation 533, the electronic device 101 may transmit a UE capability information message including the changed UE capability to the network 300; ¶ 0126: [E]lectronic device 101 may perform an operation (e.g., at least some of the operations by FIGS. 5A to 5D) for reporting the UE capability including the second information corresponding to the second temperature range. In an example, the electronic device 101 may configure the second information based on the information element and/or the information of the information element configured in response to the second information. The operation for reporting the UE capability including the second information may be performed by at least a part of FIGS. 5A to 5D. In another example, the electronic device 101 may identify the second information as the degree of change of the information corresponding to the second temperature range is applied to the first information) Regarding claim 2, OH, as applied above, anticipates the communication apparatus of claim 1. OH further discloses: wherein the at least one first event comprises at least one of following events: a registration of the communication apparatus toward the network device is failed; a tracking area update (TAU) procedure or a routing area update (RAU) procedure is rejected by the network device; the connection is released by the network device; the communication apparatus is overheated; (¶ 0092: [E]lectronic device 101 may identify obtainment of information related to an overheating state as an event requiring a change in UE capability) the communication apparatus enters a sleeping mode; the communication apparatus runs out of battery; (¶ 0092: [E]lectronic device 101 may identify obtainment of information related to insufficient battery capacity as an event requiring a change in UE capability) the communication apparatus has no data transmission but the connection is kept by the network. Regarding claim 3, OH, as applied above, anticipates the communication apparatus of claim 1. OH further discloses: wherein the operation of updating the first capability to generate the second capability of the communication apparatus comprises: downgrading the first capability to generate the second capability; or (¶ 0111: [E]lectronic device 101 may change the number of CCs of the CA (e.g., from 5 CC to 2 CC) or deactivate the CA) removing a part of the first capability to generate the second capability. Regarding claim 4, OH, as applied above, anticipates the communication apparatus of claim 1. OH further discloses: wherein the operations further comprise: determining whether at least one second event occurs, after reporting the second capability; (¶ 0110: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may identify the overheating state in operation 601. For example, the electronic device 101 may include a sensor module 176 for measuring a temperature inside (or on a surface) of the electronic device 101. The electronic device 101 may identify an indication indicating an overheating indicating that the measured temperature is equal to or greater than the threshold temperature as an overheating state; ¶ 0119: [T]he communication processor . . . may determine whether the obtained temperature information is equal to or greater than a specified threshold temperature; ¶ 0152: [E]lectronic device 101 may identify an indication indicating an overheating indicating that the measured temperature is equal to or greater than a threshold temperature, as an overheating state; ¶¶ 0179, 0203, 0233: [P]rocessor 120 may determine whether the obtained temperature information is equal to or greater than a specified threshold temperature (e.g., 43° C.)) changing a first serving cell to a second serving cell or changing a first radio access technology (RAT) to a second RAT, in response to the at least one second event occurring and the second capability being not able to be updated; and (¶ 0111: [E]lectronic device 101 may deactivate the DC based on changing the supportedBandCombinationList item of the rf-Parameter of the UE-MRDC-Capability included in the specific RAT (e.g., NR-EUTRA) of the UE-CapabilityRAT-Container of the UE capability; [E]lectronic device 101 may deactivate . . . DC in the overheating state) keeping the connection and communicating with the network device according to the second capability, in response to the at least one second event not occurring. (¶ 0232: As a result of the identification in operation 2516, if it is identified that the maximum transmission power is not a falling condition (2516-No), in operation 2522, the electronic device 101 may maintain the current maximum transmission power; ¶ 1607: When the current state of at least one parameter of UE capability satisfies the specified condition (1607-Yes), the electronic device 101 may perform the first operation of reducing the number of antennas for reception in operation 1609 and may not change the UE capability) Regarding claim 5, OH, as applied above, anticipates the communication apparatus of claim 2. Initially, the Examiner further concludes that the features of claim 5 are not entitled to patentable weight because claim 1 is directed to a communication apparatus and the features of claim 5 fail to structurally or functionally limit the communication apparatus of claim 1, but instead require operations performed at a network device. Moreover, for purposes of compact prosecution, OH further discloses: wherein the at least one second event comprises at least one of following events: the network device disconnects from the communication apparatus; and (¶ 0154: [E]lectronic device 101 may receive an RRC connection release message from the network 300) the network device configures at least one power-saving service to the communication apparatus. (¶ 0177: Network 300 may control to reduce the transmission power of the electronic device 101 based on the reception of the UEAssistantInformation message of the OverheatingAssistance configuration. For example, the network 300 may control to reduce the transmit power of the electronic device 101 by performing transmit power control (TPC). For example, the network 300 may transmit downlink control information (DCI) causing a reduction in transmission power to the electronic device 101) Regarding claim 6, OH, as applied above, anticipates the communication apparatus of claim 2. OH further discloses: wherein the communication apparatus changes the first serving cell to the second serving cell by performing a cell selection or a cell re-selection. (¶ 0092: Conditions requiring deactivation of the specific RAT (or specific communication) may include, for example, at least one operation related to the occurrence of cell reselection in the boundary region of the serving cell, RACH failure for a specific cell, or a Wi-Fi call) Regarding claim 7, OH, as applied above, anticipates the communication apparatus of claim 2. OH further discloses: wherein the communication apparatus changes the first RAT to the second RAT by disabling the first RAT. (¶ 0123: [E]lectronic device 101 may disable CA and DC when a temperature range of 40° C. to 50° C. is identified; ¶ 0111: [E]lectronic device 101 may change the number of CCs of the CA (e.g., from 5 CC to 2 CC) or deactivate the CA based on changing the item of supportedBandCombinationList of rf-parameters included in a specific RAT (e.g., NR) of UE-CapabilityRAT-Container of UE capability. For example, the electronic device 101 may deactivate the DC based on changing the supportedBandCombinationList item of the rf-Parameter of the UE-MRDC-Capability included in the specific RAT (e.g., NR-EUTRA) of the UE-CapabilityRAT-Container of the UE capability) Regarding claim 12, OH discloses: A method for handling a capability of a communication apparatus (electronic device 101, 102, 104), comprising: reporting a first capability of the communication apparatus to the network device; (¶ 0088: In operation 405, the electronic device 101 may transmit a UE capability information message including first information to the network 300. The first information may be, for example, at least one information element. In operation 407, the network 300 may store the first information included in the UE capability information message as the UE capability for the electronic device 101; ¶ 0126: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may, in operation 721, report the UE capability including the first information to the network 300) determining whether at least one first event occurs, after reporting the first capability; (¶ 0092: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may identify at least one event for which a change in UE capability is required, in operation 501) releasing a connection between the communication apparatus and the network device, in response to the at least one first event occurring; (¶ 0092: [E]lectronic device 101 . . . may identify at least one event for which a change in UE capability is required, in operation 501; ¶ 0093: [I]n operation 503, the electronic device 101 may change the UE capability based on at least one event; ¶ 0095: [E]lectronic device 101 may enter an idle state in operation 509 . . . . Entering the idle state by the electronic device 101 may be expressed as, for example, performing a local release of an RRC connection) establishing the connection to indicate a capability update; (¶ 0095: [E]lectronic device 101 may establish a new RRC connection with the network 300 in operation 511; ¶ 0102: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may establish a new RRC connection in operation 551; ¶ 0117: [E]lectronic device 101 may establish a new RRC connection in operation 611; ¶ 0154: [E]lectronic device 101 may receive an RRC connection release message from the network 300 after transmitting the TAU request message, and may establish a new RRC connection) updating the first capability to generate a second capability of the communication apparatus; (¶ 0089: [E]lectronic device 101 may change the UE capability from the first information to the second information in operation 409; ¶ 0093: [I]n operation 503, the electronic device 101 may change the UE capability based on at least one event; ¶ 0083: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may change UE capability in operation 301 . . . [C]hange of the UE capability may refer to a change of at least some of a plurality of information elements included in the UE capability. The electronic device 101 may change UE capability based on detection of an event; ¶ 0098: [E]lectronic device 101 may change UE capability and transmit a TAU request message indicating that UE capability information update is requested) reporting the second capability to the network device. (¶ 0100: In operation 533, the electronic device 101 may transmit a UE capability information message including the changed UE capability to the network 300; ¶ 0126: [E]lectronic device 101 may perform an operation (e.g., at least some of the operations by FIGS. 5A to 5D) for reporting the UE capability including the second information corresponding to the second temperature range. In an example, the electronic device 101 may configure the second information based on the information element and/or the information of the information element configured in response to the second information. The operation for reporting the UE capability including the second information may be performed by at least a part of FIGS. 5A to 5D. In another example, the electronic device 101 may identify the second information as the degree of change of the information corresponding to the second temperature range is applied to the first information) Regarding claim 13, OH, as applied above, anticipates the method of claim 12. OH further discloses: wherein the at least one first event comprises at least one of following events: a registration of the communication apparatus toward the network device is failed; a tracking area update (TAU) procedure or a routing area update (RAU) procedure is rejected by the network device; the connection is released by the network device; the communication apparatus is overheated; (¶ 0092: [E]lectronic device 101 may identify obtainment of information related to an overheating state as an event requiring a change in UE capability) the communication apparatus enters a sleeping mode; the communication apparatus runs out of battery; and (¶ 0092: [E]lectronic device 101 may identify obtainment of information related to insufficient battery capacity as an event requiring a change in UE capability) the communication apparatus has no data transmission but the connection is kept by the network. Regarding claim 14, OH, as applied above, anticipates the method of claim 12. OH further discloses: wherein the operation of updating the first capability to generate the second capability of the communication apparatus comprises: downgrading the first capability to generate the second capability; or (¶ 0111: [E]lectronic device 101 may change the number of CCs of the CA (e.g., from 5 CC to 2 CC) or deactivate the CA) removing a part of the first capability to generate the second capability. Regarding claim 15, OH, as applied above, anticipates the method of claim 12. OH further discloses: further comprising: determining whether at least one second event occurs, after reporting the second capability; (¶ 0110: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may identify the overheating state in operation 601. For example, the electronic device 101 may include a sensor module 176 for measuring a temperature inside (or on a surface) of the electronic device 101. The electronic device 101 may identify an indication indicating an overheating indicating that the measured temperature is equal to or greater than the threshold temperature as an overheating state; ¶ 0119: [T]he communication processor . . . may determine whether the obtained temperature information is equal to or greater than a specified threshold temperature; ¶ 0152: [E]lectronic device 101 may identify an indication indicating an overheating indicating that the measured temperature is equal to or greater than a threshold temperature, as an overheating state; ¶¶ 0179, 0203, 0233: [P]rocessor 120 may determine whether the obtained temperature information is equal to or greater than a specified threshold temperature (e.g., 43° C.)) changing a first serving cell to a second serving cell or changing a first radio access technology (RAT) to a second RAT, in response to the at least one second event occurring and the second capability being not able to be updated; and (¶ 0111: [E]lectronic device 101 may deactivate the DC based on changing the supportedBandCombinationList item of the rf-Parameter of the UE-MRDC-Capability included in the specific RAT (e.g., NR-EUTRA) of the UE-CapabilityRAT-Container of the UE capability; [E]lectronic device 101 may deactivate . . . DC in the overheating state) keeping the connection and communicating with the network device according to the second capability, in response to the at least one second event not occurring. (¶ 0232: As a result of the identification in operation 2516, if it is identified that the maximum transmission power is not a falling condition (2516-No), in operation 2522, the electronic device 101 may maintain the current maximum transmission power; ¶ 1607: When the current state of at least one parameter of UE capability satisfies the specified condition (1607-Yes), the electronic device 101 may perform the first operation of reducing the number of antennas for reception in operation 1609 and may not change the UE capability) Regarding claim 16, OH, as applied above, anticipates the method of claim 15. OH further discloses: wherein the at least one second event comprises at least one of following events: the network device disconnects from the communication apparatus; (¶ 0154: [E]lectronic device 101 may receive an RRC connection release message from the network 300) the network device configures at least one power-saving service to the communication apparatus. (¶ 0177: Network 300 may control to reduce the transmission power of the electronic device 101 based on the reception of the UEAssistantInformation message of the OverheatingAssistance configuration. For example, the network 300 may control to reduce the transmit power of the electronic device 101 by performing transmit power control (TPC). For example, the network 300 may transmit downlink control information (DCI) causing a reduction in transmission power to the electronic device 101) Regarding claim 19, OH discloses: A communication apparatus (electronic device 101, 102, 104), comprising: a radio transceiver (communication module 190), configured to transmit or receive wireless signals with a network device (network 300); and a processing circuit (processor 120), coupled to the radio transceiver and configured to perform operations comprising: receiving an enquiry message from the network device; (¶ 0088: [N]etwork 300 may transmit a UE capability enquiry message to the electronic device 101 in operation 403) reporting a first capability of the communication apparatus to the network device, in response to the enquiry message; (¶ 0088: In operation 405, the electronic device 101 may transmit a UE capability information message including first information to the network 300. The first information may be, for example, at least one information element. In operation 407, the network 300 may store the first information included in the UE capability information message as the UE capability for the electronic device 101; ¶ 0126: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may, in operation 721, report the UE capability including the first information to the network 300) determining whether at least one first event occurs, after reporting the first capability; (¶ 0092: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may identify at least one event for which a change in UE capability is required, in operation 501) transmitting a capability update indication to the network device, in response of the at least one first event; (¶ 0096: Based on the reception of the UE capability enquiry message, the electronic device 101 may transmit a UE capability information message including the changed UE capability to the network 300 in operation 515) updating the first capability to generate a second capability of the communication apparatus; and (¶ 0089: [E]lectronic device 101 may change the UE capability from the first information to the second information in operation 409; ¶ 0093: [I]n operation 503, the electronic device 101 may change the UE capability based on at least one event; ¶ 0083: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may change UE capability in operation 301 . . . [C]hange of the UE capability may refer to a change of at least some of a plurality of information elements included in the UE capability. The electronic device 101 may change UE capability based on detection of an event; ¶ 0098: [E]lectronic device 101 may change UE capability and transmit a TAU request message indicating that UE capability information update is requested) reporting the second capability to the network device. (¶ 0100: In operation 533, the electronic device 101 may transmit a UE capability information message including the changed UE capability to the network 300; ¶ 0126: [E]lectronic device 101 may perform an operation (e.g., at least some of the operations by FIGS. 5A to 5D) for reporting the UE capability including the second information corresponding to the second temperature range. In an example, the electronic device 101 may configure the second information based on the information element and/or the information of the information element configured in response to the second information. The operation for reporting the UE capability including the second information may be performed by at least a part of FIGS. 5A to 5D. In another example, the electronic device 101 may identify the second information as the degree of change of the information corresponding to the second temperature range is applied to the first information) Regarding claim 20, OH, as applied above, anticipates the communication apparatus of claim 19. OH further discloses: wherein the operations further comprise: determining whether at least one second event occurs, after reporting the second capability; (¶ 0110: [E]lectronic device 101 (e.g., at least one of the processor 120, the first communications processor 212, the second communications processor 214, or the unified communications processor 260) may identify the overheating state in operation 601. For example, the electronic device 101 may include a sensor module 176 for measuring a temperature inside (or on a surface) of the electronic device 101. The electronic device 101 may identify an indication indicating an overheating indicating that the measured temperature is equal to or greater than the threshold temperature as an overheating state; ¶ 0119: [T]he communication processor . . . may determine whether the obtained temperature information is equal to or greater than a specified threshold temperature; ¶ 0152: [E]lectronic device 101 may identify an indication indicating an overheating indicating that the measured temperature is equal to or greater than a threshold temperature, as an overheating state; ¶¶ 0179, 0203, 0233: [P]rocessor 120 may determine whether the obtained temperature information is equal to or greater than a specified threshold temperature (e.g., 43° C.)) changing a first serving cell to a second serving cell or changing a first radio access technology (RAT) to a second RAT, in response to the at least one second event occurring and the second capability being not able to be updated; and (¶ 0111: [E]lectronic device 101 may deactivate the DC based on changing the supportedBandCombinationList item of the rf-Parameter of the UE-MRDC-Capability included in the specific RAT (e.g., NR-EUTRA) of the UE-CapabilityRAT-Container of the UE capability; [E]lectronic device 101 may deactivate . . . DC in the overheating state) keeping a connection between the communication apparatus and the network device and communicating with the network device according to the second capability, in response to the at least one second event not occurring. (¶ 0232: As a result of the identification in operation 2516, if it is identified that the maximum transmission power is not a falling condition (2516-No), in operation 2522, the electronic device 101 may maintain the current maximum transmission power; ¶ 1607: When the current state of at least one parameter of UE capability satisfies the specified condition (1607-Yes), the electronic device 101 may perform the first operation of reducing the number of antennas for reception in operation 1609 and may not change the UE capability) 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. Claims 8, 10, 11, 17, and 18 are rejected under 35 U.S.C. § 103 as being obvious over US 2022/0360975 (hereinafter, “OH”). Regarding claim 8, OH, as applied above, anticipates the communication apparatus of claim 2. Although OH discloses: (¶ 0277: [O]perations performed by the module, the program, or another component may be carried out sequentially, in parallel, repeatedly, or heuristically, or one or more of the operations may be executed in a different order or omitted, or one or more other operations may be added), OH does not appear to explicitly disclose: wherein the operations further comprise: updating the second capability to generate a third capability of the communication apparatus and reporting the third capability to the network device, in response to the at least one second event occurring and the second capability being able to be updated. [However, the Examiner concludes that it would have been obvious to repeat one or more of the operations required by claim 1, including updating a previously reported capability to generate a subsequent capability, and reporting the generated updated capability. One of ordinary skill in the art would have been motivated to configure UE to perform multiple ones of the described operations in response to dynamic overheating states experienced at the UE. See, ¶ 0090.] Regarding claim 10, OH, as applied above, anticipates the communication apparatus of claim 2. OH further discloses: wherein the operations further comprise: determining whether at least one [other] event occurs, after keeping the connection and communicating with the network device according to the second capability; and (¶ 0155: [E]lectronic device 101 may change the UE capability as a second operation. Based on the end of the overheating, the electronic device 101 may restore the UE capability to the information before the change, and may perform at least one operation for reporting this to the network 300) reporting the first capability to the network device, in response to the at least one [other] event occurring. (¶ 0155: In operation 1111, the electronic device 101 may perform at least one operation for restoring the existing UE capability and reporting the restored UE capability) [The Examiner concludes that it would have been obvious to repeat one or more of the operations required by claim 1, including updating a previously reported capability to generate a subsequent capability, and reporting the generated updated capability. One of ordinary skill in the art would have been motivated to configure UE to perform multiple ones of the described operations in response to dynamic overheating states experienced at the UE. See, ¶ 0090.] Regarding claim 11, OH, as applied above, renders obvious the communication apparatus of claim 10. OH further discloses: wherein the at least one [other] event comprises at least one of following events: [The Examiner concludes that it would have been obvious to repeat one or more of the operations required by claim 1, including updating a previously reported capability to generate a subsequent capability, and reporting the generated updated capability. One of ordinary skill in the art would have been motivated to configure UE to perform multiple ones of the described operations in response to dynamic overheating states experienced at the UE. See, ¶ 0090.] the second serving cell or the second RAT is changed; and the at least one second event finish. (¶ 0155: [E]lectronic device 101 may change the UE capability as a second operation. Based on the end of the overheating, the electronic device 101 may restore the UE capability to the information before the change, and may perform at least one operation for reporting this to the network 300) Regarding claim 17, OH, as applied above, anticipates the method of claim 15. OH further discloses: further comprising: determining whether at least one [other] event occurs, after keeping the connection and communicating with the network device according to the second capability; and (¶ 0155: [E]lectronic device 101 may change the UE capability as a second operation. Based on the end of the overheating, the electronic device 101 may restore the UE capability to the information before the change, and may perform at least one operation for reporting this to the network 300) reporting the first capability to the network device, in response to the at least one [other] event occurring. (¶ 0155: In operation 1111, the electronic device 101 may perform at least one operation for restoring the existing UE capability and reporting the restored UE capability) [The Examiner concludes that it would have been obvious to repeat one or more of the operations required by claim 12, including updating a previously reported capability to generate a subsequent capability, and reporting the generated updated capability. One of ordinary skill in the art would have been motivated to configure UE to perform multiple ones of the described operations in response to dynamic overheating states experienced at the UE. See, ¶ 0090.] Regarding claim 18, OH, as applied above, anticipates the method of claim 17. OH further discloses: wherein the at least one [other] event comprises at least one of following events: [The Examiner concludes that it would have been obvious to repeat one or more of the operations required by claim 12, including updating a previously reported capability to generate a subsequent capability, and reporting the generated updated capability. One of ordinary skill in the art would have been motivated to configure UE to perform multiple ones of the described operations in response to dynamic overheating states experienced at the UE. See, ¶ 0090.] the second serving cell or the second RAT is changed; and the at least one second event finish. (¶ 0155: [E]lectronic device 101 may change the UE capability as a second operation. Based on the end of the overheating, the electronic device 101 may restore the UE capability to the information before the change, and may perform at least one operation for reporting this to the network 300) Allowable Subject Matter Claim 9 is 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 Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Garth D Richmond whose telephone number is (703)756-4559. The Examiner can normally be reached M-F 8 a.m. - 5 p.m. 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, Kathy Wang-Hurst can be reached at 571-270-5371. 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. /GARTH D RICHMOND/Examiner, Art Unit 2644 /KATHY W WANG-HURST/Supervisory Patent Examiner, Art Unit 2644
Read full office action

Prosecution Timeline

Jul 02, 2024
Application Filed
May 07, 2026
Non-Final Rejection mailed — §102, §103, §112
Jul 22, 2026
Response Filed
Sep 16, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12745083
Security Parameter Updates during Cell-Reselection for NR SDT
2y 10m to grant Granted Sep 22, 2026
Patent 12739823
METHOD FOR TRANSMITTING AND RECEIVING MESSAGE B IN WIRELESS COMMUNICATION SYSTEM AND APPARATUS THEREFOR
3y 5m to grant Granted Sep 15, 2026
Patent 12739825
TRANSPORT BLOCK SIZE DETERMINATION IN COMMUNICATION NETWORKS
2y 8m to grant Granted Sep 15, 2026
Patent 12732924
METHOD FOR DETERMINING PROPAGATION DELAYS
2y 11m to grant Granted Sep 08, 2026
Patent 12696242
METHOD AND APPARATUS FOR SELECTING TRANSMISSION RESOURCE IN INTERNET OF VEHICLES, AND TERMINAL
2y 10m to grant Granted Jul 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+24.8%)
3y 1m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 28 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month